Staff Report/Annexation and Zoning Phase IVe 0
FROM:
SUBJECT
i
Flathead ei® al Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Buffalo Stage Phase IV Annexation and Initial Zoning
January 3, 2000
BACKGROUND: This is a request for annexation of Buffalo Stage Phase IV
subdivision, a 16 lot residential subdivision located west of Whitefish Stage Road and
north of Edgerton School. The subdivision contains approximately 5.82 acres.
Currently this property is located in the County zoning jurisdiction and is zoned RA-1, a
Residential Apartment zoning district. An RA-1, Low Density Residential Apartment,
City zoning designation is proposed for the subdivision. The proposed zoning will
comply with other zoning in the area assigned to previous phases of the Buffalo Stage
development although the housing anticipated to be developed is primarily single
family. This matter went to the planning board for public hearing and consideration
on December 14, 1999. The planning board is unanimously recommending that the
property be zoned RA-1, Low Density Residential Apartment, upon annexation into
the city.
RECOMMENDATION: A motion to adopt the resolution amending the city limits
boundaries to include this property and the ordinance to zone it RA-1 upon
annexation would be appropriate.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: December 22, 1999
Attachments: Letter of transmittal
Staff report KA-99-6 and back-up materials
Draft planning board minutes
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
and should be able to have a determination sent by next week.
OTION Sipe moved and Heinecke seconded to adopt staff report KCU-
99-10 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the conditional use
permit be granted subject to the three conditions as outlined in
the staff report. On a roll call vote all members voted Aye. The
motion to recommend approval of the conditional use permit
passed unanimously.
SOMMERS LAND CO. / A request by Somers Land Co. for annexation of Ashley Park
ASHLEY PARK PHASE Phase III into the city of Kalispell and initial zoning of R-4 for
III ANNEXATION approximately 8.44 acres
STAFF REPORT Narda Wilson gave a presentation on staff report KA-99-7 in
which staff recommends initial zoning of R-4, a Residential
District, upon annexation into the City of Kalispell. Ashley Park
Phase III is ready to go to final plat and the staff has gone
through the evaluation criteria. The annexation and final plat
would be submitted to council together.
Johnson asked if the South Kalispell Rural Fire Department had
a problem, and Wilson stated that they had not commented and
so she did not know if they had a problem with it.
PUBLIC HEARING The public hearing was opened and no one wished to speak and
the public hearing was closed.
BOARD DISCUSSION There was no board discussion.
OTION Stevens moved and Garberg seconded to adopt staff report KA-
99-7 as findings of fact and, based on these findings,
recommend initial zoning of R-4, a Residential zone, upon
annexation into the city of Kalispell. On a roll call vote all
members voted Aye. The motion to recommend initial zoning of
R-4 passed unanimously.
BUFFALO CHIP A request by Buffalo Chip Partners for annexation of Buffalo
PARTNERS Stage Phase IV into the city of Kalispell and initial zoning of RA -
ANNEXATION AND 1 for approximately 5.58 acres.
INITIAL ZONING
STAFF REPORT Narda Wilson of the Flathead Regional Development Office gave
a presentation on staff report KA-99-6 in which staff
recommends initial zoning of RA-1, Low Density Residential
Apartment upon annexation.
Heinecke asked if it was near Edgerton School and was
answered yes.
PUBLIC HEARING The public hearing was opened and no one wished to speak and
Kalispell City -County Planning Board
December 14, 1999 Meeting Minutes
Page 13 of 16
the public hearing was closed.
BOARD DISCUSSION There was no board discussion.
MOTION Stevens moved and Brenneman seconded to adopt staff report
KA-99-6 as findings of fact and, based on these findings,
recommend to the Kalispell City Council that the initial zoning
for Buffalo Stage Phase IV should be RA-1, Low Density
Residential Apartment, upon annexation. On a roll call vote all
members voted Aye. The motion to recommend initial zoning of
RA-1 passed unanimously.
RINKE ANNEXATION A request by Robert Rinke for annexation of property into the
AND INITIAL ZONING city of Kalispell and initial zoning of RA-1 for approximately .82
acres.
STAFF REPORT Narda Wilson gave a presentation on staff report KA-99-8 in
which staff recommends initial zoning of RA-1, Low Density
Residential Apartment, upon annexation into the city of
Kalispell.
Mann questioned if there was an access issue and Wilson
explained that there was not, explaining that there is a 40-foot
access and at review it was determined that they will have have
a turn around for the fire department.
PUBLIC HEARING The public hearing was opened to those who wished to speak on
the application.
PROPONENTS Jeff Larsen spoke in favor of the application stating that the
applicants agree with staff and stated that it is a good thing to
develop with infill when possible.
No one else wished to speak and the public hearing was closed.
BOARD DISCUSSION There was no discussion.
MOTION Hines moved and Sipe seconded to adopt staff report KA-99-8 as
findings of fact and, based on these findings, recommend to the
Kalispell City Council that the initial zoning should be RA-1,
Low Density Residential Apartment, upon annexation into the
city of Kalispell. On a roll call vote all members voted Aye. The
motion to recommend initial zoning of RA-1 passed
unanimously.
NEW BUSINESS Johnson asked if the members could get new zoning regulations
books and Wilson said yes.
OLD BUSINESS: Heinecke stated that he feels that the public again slammed the
KALISPELL CITY- board, because they did not understand the actions of the board
COUNTY GROWTH and he believes that if the public gets a chance to read the
Kalispell City -County Planning Board
December 14, 1999 Meeting Minutes
Page 14 of 16
Flathead a ional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
December 22, 1999
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Buffalo Stage Phase IV Annexation and Initial Zoning
Dear Chris:
The Kalispell City -County Planning Board met on December 14, 1999, and held a public
hearing to consider a request by the Buffalo Chip Partners for initial zoning of RA-1, Low
Density Residential Apartment zoning district, upon annexation into the city. The
properties proposed for annexation are located in west of Whitefish Stage Road and north of
Edgerton School.
Narda Wilson, of the Flathead Regional Development Office, presented staff report KA-99-6
evaluating the proposed RA-1, Low Density Residential Apartment zoning upon annexation.
She recommended that the board forward a recommendation for the RA-1 zoning. Wilson
noted that the current County zoning is RA-1.
At the public hearing, no one spoke for or against this application.
A motion was made to adopt staff report KA-99-6 as findings of fact and recommend to the
council that the property be zoned RA-1 upon annexation. On a roll call vote the motion
passed by unanimous vote. Attached Exhibit A contains the legal description of the
annexation boundaries.
Please schedule this matter for the January 3, 2000 regular city council meeting. You may
contact this board or Narda Wilson at the Flathead Regional Development Office if you have
any questions regarding this matter.
Sincerely
Kalispell C#iy-Couffty Planning Board
Jean A. J nson
President
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
Buffalo Stage Phase IV Annexation and Initial Zoning
December 22, 1999
Page 2
JJ/NW/tl
Attachments: Exhibit A - annexation boundaries
Original petition to annex and fire district withdrawl
Staff report KA-99-6 and application materials
Draft minutes 12/ 14/ 1999 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Buffalo Chip Partners, 157 N. Meridian, #112, Kalispell, MT 59901
H: \ FRDO \TRANSMIT\ KALISPEL\ 1999\KA99-06.DOC
EXHIBIT A
LEGAL DESCRIPTION FOR
f: • STAGE PHASE IV ANNEXATIONAND
ZONINGINITIAL OF
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31 and IN THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH,
RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
Commencing at the northeast corner of the Southeast Quarter of
Section 31, Township 29 North, Range 21.Wes.t, P.M.,M., Flathead
County, Montana; Thence along the east boundary of said SE1/4
S00' 03' 11 "W 617.89 feet to THE TRUE POINT OF BEGINNING OF THE TRACT
OF LAND HEREIN DESCRIBED: Thence N89'5615211E115.11 feet to a set
iron pin on the easterly R/W of a 60 foot road known as Bruyer Way
Loop; Thence along said R/W S00'09116"W 219.44 feet to a found
iron pin and the P.C. of a 150.00 foot radius curve, concave
northwesterly, having a central angle of 36*22137"; Thence along
an arc length of 95.23 feet to a found iron pin; Thence
S36'3115311W 34.'34 feet to a found iron pin on the norther-Ly
boundary of the Plat of Buffalo Stage Phase III (records of
Flathead County, Montana); Thence along said northerly boundary
N53'2810711W 60.00 feet to a found iron pin; Thence N89.57113"W
513.90 feet to a found iron pin; Thence N8300810111W 90.64 feet to
a found iron pin; Thence N79'50'48"W 91.42 feet to a found iron
pin on the easterly boundary of the Plat of Buffalo Stage Phase II
(records of Flathead County, Montana); Thence along said easterly
boundary N00'03111"E 139.85 feet to a found iron pin; Thence
N14'4414811W 61.70 feet to a found iron pin; Thence N1500010011W
102.29 feet to a found iron pin; Thence leaving said boundary
N89'18'13"E 113.48 feet to a set iron pin; Thence S78'30'13"E
111.07 feet to a set iron pin; Thence S86'4110011E 90.15 feet to a
set iron pin; Thence N89.5615211E 407.23 feet to the point of
beginning and containing 5.582 ACRES. Subject to and together with
all appurtenant easements of record.
THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS:
BUFFALO STAGE PHASE IV
BUFFALO STAGE PHASE IV
REGIONALFLATHEAD •• OFFICE
REPORTSTAFF
DECEMBER 7, 1999
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding the annexation and initial zoning of Buffalo Stage Phase IV. A hearing has
been scheduled before the Kalispell City -County Planning Board for December 14, 1999
beginning at 7:00 PM in the Kalispell City Council Chambers. The Planning Board will
forward a recommendation to the Kalispell City Council for final action.
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The Buffalo
Stage Phase IV properties will be annexed under the provisions of Sections 7-2-4601
through 7-2-4610, M.C.A., Annexation by Petition. Buffalo Stage Phase IV is a 16 lot
residential subdivision containing approximately 5.58 acres which was granted final
plat approval by the County Commissioners on November 24, 1999. All of the required
improvements and infrastructure for the subdivision have been completed.
A. Petitioner andOwners: Buffalo Chip Partners
157 N. Meridian, # 112
Kalispell, MT 59901
(406)257-5533
B. Location and Legal Description of Property: The properties proposed for
annexation are located west of Whitefish Stage Road approximately 1,000 feet.
The properties can be described as Buffalo Stage Phase IV located in Sections 31
and 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.
C. Existing zoning: Currently this property is located in the County zoning
jurisdiction and is zoned RA-1, a Residential Apartment zoning district. The
minimum lot size requirement for this district is 7,500 square feet and 1,500
square feet additional for each dwelling unit in excess of two. All public services
and facilities would be available in areas within this zoning designation.
D. Proposed Zoning: An RA-1, Low Density Residential Apartment, City zoning
designation is proposed for the residential lots within the subdivision. The
proposed zoning will comply with other zoning in the area assigned to previous
phases of the Buffalo Stage development although the housing anticipated to be
developed.
E. Size: There are approximately 5.58 acres within the Buffalo Stage Phase IV
subdivision proposed for annexation which includes the lots and roads.
F. Existing Land Use: All of the improvements necessary for the subdivision have
bee installed, but the lots within the subdivision are currently undeveloped.
G. Adjacent Land Uses and Zoning:
North: Generally undeveloped, County R-5 zoning
South: Buffalo Stage Phase III and Edgerton School,
City RA-1 zoning
East:: Buffer area / park, County R-2 zoning
West: Buffalo Stage Phase II, City RA-1 zoning
H. General Land Use Character: The general land use character of the area is
residential with few exceptions. The school operates as a non-residential use as
well as a church in the area and limited offices.
I. Availability of Public Services: City sewer has been extended throughout the
subdivision and service is available to each lot. Roads, schools, police and fire
protection are in place to serve the area. Evergreen Water and Sewer District
provides water to the area. All of the public facilities and utilities have been
extended in accordance with the City of Kalispell Extension of Services Plan and
the Kalispell Design and Construction Standards.
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
This property is indicated on the Kalispell City County Master Plan Map as high
density residential. The proposed RA-1 zoning complies with that master plan
and R-5map designation, as well as the goals and policies of the document.
Rezoning this property will result in no change in the amount of traffic which
might be generated in the area. No impact on traffic congestion will result with
this zoning designation.
There would be no obvious increase in risk related to this zone designation
request. Access for fire and other emergency services is adequate.
•- -• -• ••- • •u• VaNOTSem. nd'vmsr*=70- . -
This annexation will promote the general health and welfare of the community by
providing orderly growth within the city, will contribute to the City's tax base and
encourages growth within an established urban area where full public services
and facilities are available.
2
5
0
A
0
10
11
All of the properties will be required to comply with the development standards of
the RA-1 and R-5 zoning districts which will dictate minimum lot size
requirements, setbacks, building height and density which assures that there
will be adequate light and air.
•- -•.- -• ••' • - -• •' • - •M •• • 8.••
The requested zoning designation is consistent with other zoning in the area and
the type of development which would be anticipated under the master plan. The
requested zone will prevent the overcrowding of land.
PSAIMST4-• .- -• ••- . • • ..• . •. -•WFUNOW1730779ne -
No significant increase in the population in the area will result under the
proposed zoning. This area has been intended to provide for urban residential
development and is in an area where public services and facilities are available to
the residences in the area. This zone change will not create an undue
concentration of people in the area.
Full public services, facilities and infrastructure are currently in place to
accommodate the use(s) in the area. No significant impacts to these services can
be anticipated as a result of this zoning proposal.
�•- •-. *110• •-
The proposed zoning is consistent with the zoning in the surrounding area and
the uses in the area. The proposed zoning is consistent with the master plan
map designation and anticipated development. The requested zone gives
appropriate consideration for the suitability of this area for the uses allowed
under the RA-1 and R-5 zones.
�•- •- -• -• ••- �a - - ••.. - •• •- •• • •- •< - • •
The general character of the area is residential. Most of the uses currently in the
area will continue to be developed residentially. The requested zone gives
reasonable consideration to the character of the area.
•- • •.• -• ••- •• -r - •- - • • • ••
Value of the buildings in the area will be conserved because they are consistent
with the uses allowed under the zoning and compatible with other uses in the
immediate area.
3
The most appropriate use of land throughout the jurisdiction appears to be
residential which is reflected in the current and proposed zoning. The proposed
zoning will encourage the most appropriate use of land throughout the
jurisdiction.
lZWO16MIJAI r• •
It is recommended that the Kalispell City -County Planning Board adopt staff report KA-
99-6 as findings of fact and forward a recommendation to Kalispell City Council that the
initial zoning for Buffalo Stage Phase IV should be RA-1, Low Density Residential
Apartment, upon annexation.
H: \... \REPORTS\KA\99\KA99-6
0
NOTICEOF
CITY-COUNTYKALISPELL • -r AND ZONING COMMISSION
Preliminary Plat for Kelsey Subdivision - East Reserve Drive and LaSalle Rd.
Zone Change from R-3 to R-5 on Meridian Rd. and Three Mile Dr.
Conditional Use Permit for NW Health Care Central Plant
Various Annexations
The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is
scheduled for Tuesday, December 14, 1999, beginning at 7:00 PM in the Kalispell City
Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly
scheduled meeting of the. planning board, the board will hold public hearings and take public
comments on the following agenda items. The board will make recommendations to the
Kalispell City Council and / or Board of County Commissioners who will take final action:
To the Board of County Commissioners:
1. A request by Andrew Farris for preliminary plat approval of Kelsey Subdivision, a 33 lot
residential cluster subdivision on approximately 18 acres in the Evergreen and Vicinity
Zoning District. The property is zoned R-2, a One Family Limited Residential zone
requiring a minimum 20,000 square foot lot size. Because this is being filed as a cluster
subdivision, a conditional use permit will be required to allow the creation of lots varying
in size between 10,000 square feet and 15,868 square feet. The cluster design has been
used to cluster the higher density lots near the center of the property with open space
areas near the perimeter of the site which will also accommodate a community drainfield.
Water will be provided by the Evergreen Water and Sewer District and sewage treatment
will be provided through the use of an on -site community drainfield system for the
majority of the lots and the use of Evergreen sewer on the lots fronting along East Reserve
Drive. The property can be described as Assessor's Tract 7 located in Section 28,
Township 29 North, Range 21 West, P.M. M., Flathead County, Montana.
To the Kalispell City Council:
2. A request by Telmon, Inc. on behalf of Doris Hulbert for a zone change from R-3, a
Residential zoning designation, to R-5, a Residential / Professional Office zoning
designation on approximately 2.0 acres. This property is located west of North Meridian
Road approximately 200 feet on the north side of Three Mile Drive in Kalispell. The
purpose for rezoning this property is for the construction of professional office buildings.
The property address is 33 Three Mile Drive and can be further described as the east 264
feet of the west 396 feet of the south half of Lot 20, Block 1, Northwest Tracts located in
Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and as
further described in Exhibit A.
3. A request by Northwest Health Care for a conditional use permit to allow the construction
of a new central plant facility for the Kalispell Regional Medical Center in an H-1, Health
Care, zoning district. The central plant facility will contain boilers and chillers for heating
and cooling, laundry facilities, maintenance offices and emergency power generators. A
parking lot will also be constructed north of the central plant as part of this proposal. The
area where this facility will be constructed is east of the existing hospital building and will
replace the existing plant. This property is located on the south side of Sunnyview Lane
Drive and east of Highway 93. The property address is 310 Sunnyview Lane can be
further described as Assessor's Tract 6E located in Section 6, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana.
4. A request by Somers Land Co. for annexation of Ashley Park Phase III into the city of
Kalispell and initial zoning of R-4, Two Family Residential, for approximately 8.44 acres.,
The property proposed for annexation is located west of Airport Road and south of South
Meadows Subdivision and is the next phase of Ashley Park Subdivision. Currently this
property is in the West Side Zoning District and is zoned County R-4, a Two Family
Residential zoning district. The property can be described as a portion of Assessor's Tract
4 located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana, and as further described on attached Exhibit B.
5. A request by Buffalo Chip Partners for annexation of Buffalo Stage Phase IV into the city
of Kalispell and initial zoning of RA-1, Low Density Residential Apartment, for
approximately 5.58 acres. The property proposed for annexation is located west of
Whitefish Stage Road and north of Edgerton School and is the next phase of Buffalo Stage
Subdivision. Currently this property is in the Evergreen and Vicinity Zoning District and
is zoned County RA-1, a Low Density Residential Apartment zoning district. The property
can be described as a portion of Assessor's Tract 1 located in Section 31, Township 29
North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on
attached Exhibit C.
6. A request by Robert Rinke for annexation of property into the city of Kalispell and initial
zoning of RA-1, Low Density Residential Apartment, for approximately 0.82 acres. The
property proposed for annexation is located east of Fifth Avenue East and north of 18th
Avenue Street and is a portion of proposed Subdivision No. 182. Currently this property
is in the Willow Glen Zoning District and is zoned County R-4, a Two Family Limited
Residential zoning district. The property can be described as portions of Assessor's Tracts
5-15A and 5-12 located in Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, and as further described on attached Exhibit D.
Documents pertaining to these agenda items are on file for public inspection in the Flathead
Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are
available for public review during regular office hours.
Interested persons are encouraged to attend the hearings and make their views and concerns
known to the Board. Comments in writing may be submitted to the Flathead Regional
Development Office at the above address prior to the date of the hearing or you may contact
Narda Wilson, Senior Planner, for additional information.
1
1
Thomas R. Jentz
Planning Director
PUBLISH: Legal Notices
Daily InterLake
Sunday, November 28, 1999
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BUFFALO GIMP PARTNERS
ERS
REQUEST FOR ANNEXATION OF BUFFALO STAGE PHASE IV
INITIAL ZONING OF RAl, LOW DENSITY RESIDENTIAL APARTMENT
T
KALISPELL ZONING DISTRICT
FROM IAA—1, LOW DENSITY RESIDENTIAL APARTMENT
EVERGREEN ZONING DISTRICT
FILE # KA-99-6 C 1" 00' \\XA_ .d.-
DESCRIPTIONLEGAL •.
BUFFALO STAGE PHASE IV ANNEXATIONAND
ZONINGINITIAL OF
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31 and IN THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH,
RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
Commencing at the northeast corner of the Southeast Quarter of
Section 31, Township 29 North, Range 21.Wes.t, P.M.,M., Flathead
County, Montana; Thence along the east boundary of said SE1/4
S00' 03' 111YW 617.89 feet to THE TRUE POINT OF BEGINNING OF THE TRACT
OF LAND HERI DESCRIBED: Thence N89' 56' 5211E 115.11 feet to a set
iron pin on the easterly R/W of a 60 foot road known as Bruyer Way
Loop; Thence along said R/W S00'09116"W 219.44 feet to a found
iron pin and the P.C. of a 150.00 foot radius curve, concave
northwesterly, having a central angle of 36'22'37"; Thence along
an arc length of 95.23 feet to a found iron pin; Thence
S36*3115311W 34.'34 feet to a found iron pin on the northerly
boundary of the Plat of Buffalo Stage Phase III (records of
Flathead County, Montana); Thence along said northerly boundary
N53' 28' 071tW 60.00 feet to a found iron pin; Thence N89 ®57 ° 1391W
513.90 feet to a found iron pin; Thence N83'0810111W 90.64 feet to
a found iron pin; Thence N79'50148P1W 91.42 feet to a found iron
pin on the easterly boundary of the Plat of Buffalo Stage Phase II
(records of Flathead County, Montana); Thence along said easterly
boundary N00'0311111E 139.85 feet to a found iron pin; Thence
N14' 44' 481tW 61.70 feet to a found iron pin; Thence N15 0 00' 0011W
102.29 feet to a found iron pin; Thence leaving said boundary
N89'1811310E 113.48 feet to a set iron pin; Thence S78`3011318E
111.07 feet to a set iron pin; Thence S86*41100t1E 90.15 feet to a
set iron pin; Thence N89'56152t1E 407.23 feet to the point of
beginning and containing 5.582 ACRES. Subject to and together with
all appurtenant easements of record.
THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS:
BUFFALO STAGE PHASE IV
CONSENT TO ANNEX AGREEMENT
W AND
NOTICE OF WITHDRAWAL FROM
,....,;` RURAL FIRE DISTRICT
TO WHOM IT MAY CONCERN:
THIS AGREEMENT, made and entered into this`'GIC�
day of 25 OcT-199r, by and between 1Qasc(�(
Y 4 t, Loa
neremallet' VAKI Y(J) Ut' INTEREST [ INCLUDES OWNER(S), LIENHOLDERS(S), OR
CONTRACT SELLER(S) ] and the CITY OF KALISPELL, Flathead County, Montana,
hereinafter CITY, WITNESSETH:
That for and in consideration of the sum of One Dollar and/or other good and valuable
consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions,
conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the
PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to
protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings
made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and
make a part of said City of Kalispell, more particularly described on Exhibit "A" attached hereto
and which, by this reference, is made a part hereof.
The PARTY(S) OF INTEREST do(es) further herein express an intent to have the
property as herein described withdrawn from the a e�„� Fire District
under the provisions of Section 7-33-2127, Montana Code notated; and that incorporated into
this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and That
upon proper adoption of an ordinance or resolution of annexation by the City Council of the City
of Kalispell, the property shall be detracted from said district.
THE PART(S) OF INTEREST further agree(s) that this covenant shall run to, with, and
be binding upon the title of the said real property, and shall be binding upon our heirs, assigns,
successors in interest, purchasers, and any and all subsegnent holders or owners of the above
described property,
This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of
Kalispell sewer system.
IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and
affixed our seals this Z _clay or... �]r , r I qt �.
PA '(S) ES
CITY OF KALISPELL
C k ).,: � ` I\
City Manager
CHk13 A. �'ukt�lst<t
ATTEST:
Finance Director
STATE OF MONTANA
ss
County of Flathead
On this day of 6 e , 1999, before me
the undersigned, a Notary Public for the State of Montana, personally appeared e t/
yA tF 6RA K , known to me to be the person whose name is subscribed to (lie
foregoing instrument, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
4
Notary Public, State of Montana
Residing at�
My Commission expires
STATE OF MONTANA )
ss
County of Flathead )
On this day of , 199 , before
me, the undersigned, a Notary Public for the State of Montana personally appeared
and
the
and
respectively, of , the corporation that executed
the foregoing instrument, and the persons who executed said instrument on behalf of said
corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my band and affixed my Notarial Seal the
day and year in this certificate first above written.
STATE OF MONTANA
: ss
County of Flathead
Notary Public, State of Montana
Residing at
My Commission expires
On this day of 1999, before me, a Notary Public in
and for the State of Montana, personally appeared6HRl5 4,-'LAL is nd AMY 1-1. ROBE,
known to me to be, the City Manager and Finance Director of the City of Kalispell, a
municipality, that executed the within instrument, and acknowledged that such City Manager and
Finance Director respectively subscribed, sealed and delivered said instrument as the free and
voluntary act of said municipality, for the uses and purposed therein setforth, and that tfiey-were
duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF,
i have hereunto set my hand and affixed my Notarial Seal, the day and year first above written.
An/,q� :��' Notary Public, State of Montana
Residing at
My Commission expires e3 7
��r 'OF..P
PETITION NO.
BEFORE THE CITY COUNCIL
OF THE
CITY OF KALISPELL
PETITION FOR ANNEXATION TO CITY
- D., 0.
COME NOW the undersigned and respectfully petition the City
Council of the City of Kalispell requesting city annexation of the
following real property into the City �of Kalispell and to remove
the following real property from the Rural
Fire District.
The petitioner(s) requesting City of Kalispell annexation of
the property described herein hereby mutually agree with the City
of Kalispell that immediately upon annexation of the land all City
of Kalispell municipal services will be provided to the property
described herein on substantially the same basis and in the same
manner as such services are provided or made available within the
rest of the municipality prior to annexation. Petitioner(s) hereby
state that there is no need to prepare a Municipal Annexation
Service Plan for this annexation pursuant to Section 7-2-4610,
M.C.A. since the parties are in agreement as to the provision of
municipal services to the property requested to be annexed.
Dated this z5 day of l ) c 19
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:
PROPERTY ADDRESS:
&{FFALD ET4G-67
OWNER
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE