CorrespondenceCITY OF C
John "Ed" Kennedy, Jr. X0, 6X/
Mayor
TO: David Greer, 54A Planner
FROM: Glen Ne' 11
RE: Scoreboard Ba Annexation
113
Drmver 1997
Kalispell, Montana
59903-1997
On September 6, 1988 Andy Hyde, David Greer, Craig Kerzman, Ted
Waggener and Glen Neier met in the City Attorney's Office at City
Hall to discuss the above annexation request. Robert C. Lincoln and
William T. Lincoln filed a Consent to Annexation and Notice of Withdrawal
from Rural Fire District on February 17, 1988 for Lots 13, 14, 15 and
16, Phillips Addition. After some problems with the proposed zoning
the Lincolns have agreed to have the property zoned Community Business,
B-3. The proposed zoning if approved by the Zoning Commission and
the City Council will have the effect of creating a non -conforming
use in an area which will limit expansion of the current bar, restaurant
and casino.
The City Staff in reviewing the annexation request considers it appro-
priate that a fire hydrant be installed at the Northwestern corner of
Conrad Drive and Woodland Park Drive. The Staff, in a related
annexation (High Plains Pizza) has already recommended a fire hydrant
at this location and perhaps the cost of laying the necessary water
line and placing the hydrant at the location might be shared by the
Scoreboard and High Plains. All necessary installations of water
main and fire hydrant should be in accordance with the City's Standards
for Design and Construction.
As with the High Plains Pizza Annexation the City Staff considered it
appropriate also that the Scoreboard should pave its parking lot to
control dust as a condition of annexation. A storm runoff plan
should be submitted to and approved by the Public Works Department.
Finally, the title report of the property shows 22 different exceptions.
The property should not be annexed unless the exceptions are removed
or proper consent obtained from all interested parties. It should be
noted that the annexation by the Scoreboard will only affect Lots 14,
D. Greer
Page 2 September 6, 1988
15 and 16 of the Phillips Addition because Lot 13 has been purchased
by High Plains Pizza and will be annexed as separate property.
This annexation may proceed under §7-2-4601, M.C.A. which applies to
annexation by petition.
Dated this 55,- day of September, 1988.
GN/sh
cc: Richard DeJana
Mayor Ed Kennedy
Ken Hammer
Annexation Committee
Flathead regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
August 24, 1988 Phone: (406) 752-5300 Ext. 279
Glen Neier
City Attorney
City of Kalispell
P. 0. Drawer 1997
Kalispell, MT 59903
Re: Petition for Annexation
Dear Glen:
I forwarded a referral to you and other city personnel on
April 1, 1988 concerning the "Scoreboard" Annexation. This
application is once again active and will be considered by
the Kalispell City -County Planning Board and Zoning
Commission on September 13, 1988. The attorney of the
petitioners is now seeking a city zoning classification of
Neighborhood Business B-1 as opposed to the earlier request
of General Business B-2.
I would appreciate any input that the city might offer on
this application. This reminder is only being sent to you so
it would be helpful if you could arrange a staff meeting for
this purpose. As always, I would appreciate the opportunity
to attend any such meeting.
Thank you for your cooperation.
Sincerely,
David M. Greer
Senior Planner
arw
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
G°
Inbri "Ed" Kcnncdy, Jr.
T"l-lyor
May 26, 1988
Richard DeJana
P. 0. Box 1757
Kalispell, MT 59903-1757
01
Re: Scoreboard Bar Sewer Extension
Dear Rich:
1
kcrl:;-; 11, NI—.11
You have contacted this office requesting a status report on the
above -mentioned project. A review of City Council and Committee
meetings has revealed that resolution of our mutual problem
appears to be imminent, albeit not immediate.
On April 18, 1988 the City Council authorized the call for bids
on expansion of the Woodland Park sewer. The project involved
the installation of a 12" sewer main from the lift station in
Woodland Park to the Easterly edge of Woodland Park Drive, term-
inating in at a manhole. The bids for the project were opened at
a Sewer and Water Committee Meeting on May 4, 1988. The City has
yet to award a contract to the apparent lowest responsible and
responsive bidder but action by the City Council likely swill take
place on June 6, 1988.
Originally, the City intended that the obligation of the sewer
extension would be completed prior to May of this year However,
delays, ever present in municipal projects, have slowed the process.
There is some concern that high ground water in the area will delay
completion of the project until the fall. Regardless of the situ-
ation the project has been committed to by the City and will be
completed during this construction season.
The City fully realizes and expects that once the City's obligations
to extend the sewer are met, your clients will extend the sewer main
from the Woodland Drive manhole in accordance with City standards to
serve their property. While actual working time may be short, your
Rich DeJana Page 2 May 26, 1988
clients are unable to complete the connection until the City has
arranged the project. Once all the participants in the project
complete their obligations your client's connection will be
assured and there will be no further need for septic service to
the Scoreboard Bar.
Thank you for your inquiry.
contact me.
Sincerely,
len N ier
cc: An y Hyde
Mayor Ed Kennedy
Sewer & Water Committee
If you have any questions, please
LIiC LHC }
ed
155 71 h Ave., W.N. — P.O. Box 55 — Kalispell, MT 59901 — Ph. (406) 755-9166 — FAX (406) 752-4230
May 24, 1988
Mr. Bob Lincoln
75 Woodland Park Drive
Kalispell, MT 59901
Re: Score Board Sewer Extension
75,Woodland Park Drive
Dear Mr. Lincoln:
As per your request on May 24, 1988, for the price of 140'
of 8" sewer and related work on,Schedule II of the Woodland
Park Sewer Extension:
As per specifications: $5,886.88
Thank you for your bid request.
Sincerely,
M.E. Butch Woolard
Construction Manager
MEW:sdm
/,-�cc: Rich DeJana
r
(4
,mac.- cy ?`_ 1r - Fib
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
April 1, 1988
Phone: (406) 752-5300 Ext. 279
TO: Mayor Ed Kennedy
Chairman, Annexation Committee
Chairman, Public Works Committee
Chairman, Community Development Committee
AND
City !Attorney
Director of Public Works
City Clerk -Treasurer
Fire Chief
Police Chief
Building Official
Community Development Department
FROM: David M. Greer, Senior Planner�x�
SUBJECT: Phillips Addition Annexation and Zoning
Enclosed is a request for annexation involving Lots 13, 14, 15, and 16 of the
Phillips Addition. The petitioners are requesting that the subject territory be
zoned General Business B-2. Presently, the area is zoned Neighborhood Business
under the provisions of the Flathead County Comprehensive Zoning Regulations.
Correspondence concerning this requested zone is attached for your review.
The Kalispell City -County Planning Board and 'Zoning Commission will act on this
application on May 10, 1988. We would appreciate any comments on this annexation
and zoning request prior to April 20, 1988. As always, your input will be greatly
appreciated.
Please call if you have any questions. I would appreciate the opportunity to
attend any Staff meetings that discuss this matter.
DMGJdh
Enclosures: Application Materials
Copy/we: City Surveyor
Water and Wastewater Superintendent
Parks Superintendent
Providing Community Planning Assistance To:
• Flathead County 0 City of Columbia Falls • City of Kalispell 0 City of Whitefish •
723 5th Avenue East • Room 414
Kalispell, Montana 59901
i4a r c h 31, 1988 Phone: (406) 752-5300 Ext. 279
Richard DeJana
Attorney at Law
P. 0. Box 1757
Kalispell, Mt 59903-1757
Re: Annexation and Zoning of Lots 13, 14, 15, and 16
of the Phillips Addition
Dear Mr. DeJana:
In your letter of March 23, 1988, you requested that an application
for a B-2 zoning classification be pursued for the above -referenced
properties. As you are aware, the choice of this zone in the absence
of a text amendment to the Kalispell City -County Master Plan is
contrary to the advice of this Office. However, at your request, the
zoning application will be processed for review by both the Kalispell
City -County Planning Board and Zoning Commission and City Council.
The zone change request will be added to the May 10, 1988 agenda of
the Kalispell City -County Planning Board and Zoning Commission.
Normally, text amendments to the Master Plan, when necessary, are
sought simultaneously with the zone change request so that processing
time is reduced. It is conceivable that you might have to start the
whole process over with the submission of new applications if the
Zoning Commission and Council concur that the requested zoning
classification is not in compliance with the Master Plan.
You will receive a copy of our staff report to the Kalispell City -
County Planning Board and Zoning Commission approximately one week
prior to the May meeting.
Sincerely,
Stephen F. Herbaly
Planning Director
DMG/SFH/dh
Copy: Bob Lincoln
Providing Community Planning Assistance To:
• Flathead County 9 City of Columbia Falls 0 City of Kalispell • City of Whitefish •
Richard DeJana, Attorney at Law
35 4th Street West
(406) 752-4120 P.O. Box 1757
Kalispell, Montana 59903-1757
February 17, 1988
City Council
City of Kalispell
Drawer 1997
Kalispell, Montana 59903
Re: Annexation Committee
Gentlemen:
on behalf of my clients Robert C. Lincoln, Robert E. Lincoln
and William T. Lincoln, I hereby make application to you for the
annexation of lots 13, 14, 15 and 16 of Phillips Addition,
according to the map and plat thereof, Kalispell, Montana. We
have included herewith our fee of $175.00, our legal description
as stated above.
There is located on the premises a commercial building, that
has been used for offices and a training school but has been
vacant since the end of December,1987 (lots 13 & 14), and a bar
and restaurant. (Lots 15 & 16) Attached is a map of the general
area we suggest it be B-3 zoning, which more fits the uses
presently surrounding the property than the County imposed B-1.
We believe the annexation would be very worthwhile since we have
found since retaking over the business, we are finding the
revenue that would be generated to the City just on the machine
gaming licenses would equate to approximately $300.00 per week.
That would be in addition to any fees.
We further request that the City install the water line and
fire hydrate locations. In addition, with respect to sewer, any
increase over the 4" line should be covered by the City. We
believe she additional income justifies this approach. Since it
appears that we are within 200 feet above the pumping station, we
probably wouldn't have to annex to secure sewage, but the
financial benefit to the City, and decrease in fire insurance
makes this very desirable
Because this property is under receivership, the annexation
will be subject to Court approval which we will be providing
later. Lots 13 & 14 belong to a Harley Gosney and are being sold
under contract. We will provide his consent within the next week.
1
Absent also is our title report which has been ordered and will
be forth coming.
Thank you for your consideration. I remain,
Sincerely,/
Richard DeJana..
OAI
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COUNTY GUARANTY TITLE COMPANY
SAFECO TITLE INSURANCE COMPANY
Certificate No. CG-11590
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE
To the County of _F-lat-head---------------- and the City of _-Kalis<pe11__-_-_-_-__ in Montana
SAFECO TITLE INSURANCE COMPANY OF IDAHO, a corporation organized and existing under
the laws of the State of Idaho, with its principal office in the City of Boise, Idaho, and duly authorized to
insure titles in Montana hereby certifies that from its examination of these public records which impart con-
structive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the
17th day of February , 1988 at 5 o'clock P.M., the title to the said described real estate was
indefeasibly vested in fee simple of record in:
See Attached
subject only to the objections, liens.charges, encumbrances and other matters shown under Schedule B
hereof.
The maximum liability of the undersigned under this certificate is limited to the sum of $ 5000.00
This certificate of title is made inconsideration of the payment of the premium by the subdivider of said
land and for the use of the County and City above named.
IN WITNESS WHEREOF the said Company has caused its corporate seal to be hereto affixed and
these presents to be duly signed in accordance with its by-laws.
SAFECO TITLE INSURANCE COMPANY
OF IDAHO
/W# �� President
This certificate not valid
unless countersigned:
Attest
BY < GG - - ---- -- Secretary
1
�r
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE (Montana)
IDP-343 (6-80)
CG-11590
Page lA
VESTING
Parcel 1: SCOREBOARD SPORTS PAGE, INC., a Montana Corporation
Parcel 2: HARLEY C. GOSNEY and DOROTHY D. GOSNEY, as Tenants in Common
Parcel 3: HARLEY C. GOSNEY
GO TITLE INSURANCE
SCHEDULE A
Page 2 Certificate No. CG-11590
Being the legal description of the real estate covered by this certificate.
The following -described parcels of real estate:
PARCEL 1:
Lots 15 and 16 of Block 3 of Phillips Addition, according to the map or plat
thereof on file and of record in the office of the Clerk and Recorder of
Flathead County, Montana.
PARCEL 2:
Lot 13 of Block 3 of Phillips Addition, according to the map or plat thereof
on file and of record in the office of the Clerk and Recorder of Flathead
County, Montana.
PARCEL 3:
Lot 14 of Block 3 of Phillips Addition, according to the map or plat thereof
on file and of record in the office of the Clerk and Recorder of Flathead
County, Montana.
O)SAFECO
TITLE INSURANCE
SCHEDULE B
Page 3 Certificate No. CG-11590
Being all of the estates, interests, equities, lawful claims, or demands,
defects, or objections whatsoever to title; and all easements, restrictions,
liens, charges, taxes (general, special, or inheritance, or assessments of
whatever nature), or encumbrances; and all other matters whatsoever affecting
said premises, or the estate, right, title, or interest of the record owners,
which now do exist of record.
1. General taxes for the second half of the year 1984, which are now delinquent.
2. General taxes for the first half of the year 1985, which are now delinquent.
3. General taxes for the second half of the year 1985, which are now delinquent.
4. General taxes for the first half of the year 1986, which are now delinquent.
5. General taxes for the second half of the year 1986, which are now delinquent.
6. General taxes for the first half of the year 1987, which are now delinquent.
7. General taxes for the second half of the year 1987.
8. General taxes for the year 1988.
9. Taxes, charges and assessments not yet certified to the County Treasurer for
collection.
10. Mineral rights, claims or title to minerals.
11. Unrecorded Contract for Deed dated October 20, 1982, executed by and between
Harley C. Gosney and Dorothy D. Gosney, as Vendor; and William Thomas Lincoln,
Robert E. Lincoln and Robert C. Lincoln, as Vendee; constructive notice given
by Notice of Purchaser's Interest recorded December 2, 1982, under Recorder's
Fee #18056, in Book 756, page 24, records of Flathead County, Montana. (Affects
Parcels 2 & 3)
12. Trust Indenture dated June 17, 1983, executed by William T. Lincoln, Robert C.
Lincoln and Robert E. Lincoln, to Citizens Title & Escrow, as Trustee; and
Norwest Bank Kalispell, National Association, as Beneficiary; to secure payment
of $72,500.00, together with interest, and any other obligations secured
thereby, recorded June 20, 1983, under Recorder's Fee #83-10945, in Book 774,
page 516, records of Flathead County, Montana. (affects Parcel 1)
13. Warranty Deed executed by William T. Lincoln, Robert C. Lincoln and Robert E.
Lincoln to Scoreboard Sports Page, Inc., a Montana Corporation, recorded May 2,
1985 as Document #8512215060, records of Flathead County, Montana.
14. Deed of Trust dated May 1, 1985, executed by Scoreboard Sports Page, Inc., a
Montana Corporation, to Richard DeJana, as Trustee; and William T. Lincoln,
Robert C. Lincoln and Robert E. Lincoln, as Beneficiary; to secure payment
TITLE INSURANCE
CG-11590
Schedule B
Page 3A
of $288,000.00, together with interest and any other obligations secured
thereby, recorded May 2, 1985, as Document #85122150800 records of Flathead
County, Montana.
15. Financing Statement #37247, filed May 2, 1985, under Recorder's Fee
#8512215090, records of Flathead County, Montana.
Debtor: Scoreboard Sports Page, Inc.
Secured Party: William T. Lincoln, Robert Lincoln, Robert E. Lincoln
16. Judgement entered June 2, 1986, in favor of Jay H. Goodwin and against Robert
E. Lincoln, in the sum of $3,157.79 in the District Court of the Eleventh
Judicial District of the State of Montana, in and for the County of Flathead
Case #DV-86-472.
17. Unrecorded Contract for Deed dated October 10, 1986, executed by and between
Scoreboard Sports Page, Inc., a Montana Corporation, as Vendor; and Kip
Cartwright Hayes, as Vendee; constructive notice given by Notice of
Purchaser's Interest recorded October 20, 1986, as Document #8629312400,
records of Flathead County, Montana. (Affects Parcel 2)
18. Notice of Leasehold Interest dated January 26, 1987 executed by Unicom School
of Communication, recorded January 27, 1987 as Document #8702708490, records of
Flathead County, Montana. (Affects Parcel 2)
19. Notice of Trustee's Sale, in which the interest of the Trustee in the Deed of
Trust shown at Exception #14 above will be sold on August 28, 1987, recorded
April 30, 1987, as Document #8712013400, records of Flathead County, Montana.
20. The lien of Federal Estate Tax in the matter of the Estate of Dorothy D.
Gosney, deceased. (Parcels 2 & 3)
21. The lien of State Inheritance tax in the matter of the Estate of Dorothy D.
Gosney, deceased. (Parcels 2 & 3)
22. Dorothy D. Gosney died as the record owner of said premises, leaving a will
which was admitted to informal Probate on December 2, 1987 under Probate Case
No. DP-87-209, in the District Court of the Eleventh Judicial District of the
State of Montana, in and for the County of Flathead. Harley C. Gosney has been
appointed Personal Representative. No exception is taken to the proceedings
thus far taken.
O)SAFECD
TITLE INSURANCE
FLATHEAD COUNTY LAND INFORMATION SYSTEM
STATEMENT OF TAXES DUE FOR ASSESSOR NUMBER 0969228 AS OF 021788
------------_-------------------------_-----------------------------------------
SCHOOL
INST
RCPT
TAX AMOUNT
PENALTY
INTEREST
TOTAL DUE BY
DIST
NMBR
DUE
THRU 022988
INSTALLMENT
-----------------------------------------------------------------------
05
2
8405100
743.31
14.86
204.66
962.83
05
1
0505145
867.68
17.35
195.40
1080.43
05
2
8505145
778.70
15.57
136.53
930.80
05
1
8605198
891.83
17.83
111.66
1021.32
05
2
8605198
800.17
16.00
60.28
876.45
05
1
8705681
894.01
17.88
22.53
934.42
05
2
8705681
802.33
802.33
TOTAL AMOUNT DUE 6608.58
---------------------------_---------------------------------------------------
oe-28-21
PHILLIPS
ADD
15 _
08--28--21
PH I LL I PS
ADD -
16 _
FLATHEAD COUNTY LAND INFORMATION SYSTEM
STATEMENT OF TAXES DUE FOR ASSESSOR NUMBER 0295851 AS OF 021788
------------------------------------------------------------------------------
SCHOOL
INST
RCPT
TAX AMOUNT
PENALTY
INTEREST
TOTAL DUE BY
DIST
NMBR
DUE
THRU 022988
INSTALLMENT
----------------_---------------------------------------------------------------
05
2
8403212
125.14
2.50
34.45
162.09
05
1
8503262
141.03
2.82
11.76
175.61
05
2
8503262
1.31.10
2.62
22.98
156.70
05
1
B603324
169.29
3.30
21.19
193.86
05
2
8603324
157.17
3.14
11.84
172.15
05
1.
8703429
169.70
3.39
4.27
177.36
05
2
8703429
157.59
157.59
TOTAL AMOUNT DUE
--------_----------------------------------------------------
08-2'8-21 PH I LL I PS ADD 1 •_�
1195.36
FLATHEAD COUNTY LAND INFORMATION SYSTEM
STATEMENT OF TAXES DUE FOR ASSESSOR NUMBER 0295750 AS OF 021788
______________________________________________________________________________
SCHOOL
INST
RCPT
TAX AMOUNT
PENALTY
INTEREST
TOTAL DUE BY
DIST
NMBR
DUE
THRU 022988
INSTALLMENT
______________________________________________________________________________
05
2
8403205
30.30
.60
8.34
39.24
05
1
8503255
34.16
.68
7.69
42.53
05
2
8503255
31.75
.63
5.56
37.94
05
1
8603317
112.56
2.25
14.09
128.90
05
2
8603317
104.51
2.09
7.87
114.47
05
1
8703422
112.84
2.25
2.84
117.93
05
2
8703422
104.79
104.79
TOTAL AMOUNT DUE 585.80
______________________________________________________________________________
08-28-21 PHILLIPS ADD 14 3 .
_ _
7-10-35
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WITHDRAWAL FROM
RURAL FIRE DISTRICT
TO WHOM IT MAY CONCERN:
THIS AGREEMENT, made and entered into this /'? day of
19 si , by and between ul0 f , ,� �. �;•�_ T-
e
hereinafter OWNER(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 agree-
ments, the receipt and sufficiency of which is hereby acknowledged,
the OWNER(S), 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, and incorporate within its
boundaries property situated in the County of Flathead, State of
Montana, more particularly described on Exhibit "A" attached hereto
and which, by this reference, is made a part hereof.
The OWNER(S) further agree(s) that should said real property be
annexed to the City of Kalispell that the OWNER(S) will upon demand
pay to said City of Kalispell all reasonable and necessary costs of
said annexation, such survey, plat preparation, publication costs,
etc.
The OWNER(S) further agree(s) that, should said real property be
annexed to the City of Kalispell, and a Special Improvement District
including said premises be proposed for installation of water, sewer
and street paving or any combination thereof, in such district, we do
waive our right to protest formation of such district and approving
such improvements and the sale of bonds to finance same.
The OWNER(S) do(es) further herein express an intent to fiave the
property as herein described withdrawn from the
Rural Fire District under the provisions of Section 7- -212 , Montana
Code Annotated; 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 OWNER(S) 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 subsequent holders or owners of the above
described real property.
The CITY does hereby agree to allow the OWNER(S) to hook onto the
City of Kalispell water and sewer systems, at the usual and approved
rates, for services of said premises. All costs of such hook -on
shall be paid in advance by OWNER(S).
IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands
and affixed our seals this / day of 17—' _r_.__, , 19; .
OWNER(S)
TATE OF XONTANA i
ss.
County of Flathead )
r-
On this / 7 day of V 198,;, before. me, the undet'—
signed, a Notary Public for the State of Montana, personally appeared
,,, ��,',�..i��,„,a, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that
he executed the same.
TN WITNESS WHEREOF, T have hereunto set my hand and affixed my
Notarial. Seal the day and year in this certificate first above
W it,en.
Notary Public for He,State o Monoana
Residing at , - -_ Z/
My Commission Expires: 2 1�
STATE OF MONTANA )
) ss.
County of Flathead )
On this day of , 1987, before me, a Notary
Public in and for the State of Montana, personally appeared
and
own to me to be t
N
a
that executed the within instrument, and acknowledged that they sub-
scribed, sealed and delivered said instrument as the free and volun-
tary act of said corporation, for the uses and purposes therein
setforth, and that they were duly authorized to execute the same on
behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my Nand and affixe_d my
Notarial Seal, the day and year first above written.
Notary Public for the State of Montana
Residing at
My Commission Expires:
CITY OF KALISPELL
Mayor
ATTEST:
City Clerk -Treasurer
STATE OF '11ONTANA
) ss,
County of Flathead )
On this day of , 1987, before me, a Notary
Public in and ror the State of Montana, personally appeared John
"Ed" Kennedy, Jr. and Don Halver, known to me to be the Mayor and
City Clerk -Treasurer of the City of Kalispell, a municipality,
that executed the within instrument and acknowledged that such
Mayor and City Clerk -Treasurer respectively subscribed, sealed
and delivered said instrument as the free and voluntary act of
said municipality, for the uses and purposes therein setforth, and
that ti;ey weLe uuiy Co e;WL:"Ca the sdale ua behalf of
said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year first abvoe written.
Notary Public for the State of Montana
Residing at
My Commission Expires:
WT-0028-88
CITY OF
John "Ed" Kennedy, Jr.
fvluyor
March 25, 1988
Mr. Dennis Carver
Carver Engineering
720 2nd Street East
Kalispell, MT 59901
SUBJECT: Scoreboard Pub Sewer
Dear Dennis:
a�
Drawer ITT
KalisJ,ral, NlA n:
599o3-I I)Y/
The Public Works Staff has reviewed a proposal to connect the Scoreboard
Pub directly to the Woodland Park lift station using a 6 inch diameter line.
This proposal does not comply with City Standards. This proposal does not
comply with the Uniform Plumbing Code (UPC). For these reasons, the proposal
is unacceptable and cannot be installed. The specific areas of noncompliance
are discussed as follows:
The 6 inch line apparently is proposed as a long service line. This line starts
out on the Scoreboard lot, crosses Woodland Park Drive, which is Flathead County
right-of-way, and then runs across the City's Woodland Park property to the lift
station. This approach is contrary to Section 1110 of the UPC. Service lines
cannot cross adjacent property in order to connect to public sewers. This
approach is also contrary to Section DC-01, Development Requirements, of the
City Standards. This section states that "Plans that show extensions of ...
pipelines to serve only the specific development being processed will not be
approved."
The required system is a main extension starting at existing stub out at
the lift station and ending at the north property line of the lot on which the
Scoreboard Pub is situated. Plans for an acceptable extension were prepared
by your firm in June of 1987. Minimum line size is 8 inches. Manholes would
be required at each angle point or end point on active sections.
We are aware of the likelihood that a 10 inch line at a greater depth than
needed for just the Scoreboard is required to serve the entire area in the future.
Rule XIII of the City Sewer Regulations states that the "City shall pay the dif-
ference in cost between the larger main required by the City and the (minimum)
size ... required by the (City) Standards."
We also understand that time is of the essence in this situation. A meeting
of the Public Works/Sewer and Water Committee is scheduled for Tuesday, March 29,
1988, at 4:00 P.M. The Scoreboard Pub has been added to the agenda. It is in
W l-vuzo-oo
Mr. Dennis Carver
March 25, 1988
SUBJECT: Scoreboard Pub Sewer
Page 2
the interest of the Pub owners that they and/or their representatives attend
the meeting in order to speed this matter towards a quick resolution.
Very truly yours,
aLA/4V
Andrew J. Hyde
Water and Wastewater Superintendent
AJH:ss
cc: Bob Lincoln
Rich DeJana, Attorney at Law
Ken Hammer, Director of Public Works
Glen Neier, City Attorney
Public Works and Annexation Committees
Craig Kerzman, Acting Building Official
Flathead County Sanitarians Office
David Greer, Senior Planner, FRDO
Richard DeJana, Attorney at Law
35 4th Street West RECEIVED
(4-06) 752-4120 P.O. Box 1757
Kalispell, Montana 59903-1757
MAR 2 4
March 23, 1988 F UA T 117FAD fZECIONAL
DEVELOPIvI.E.NT OFFIC4
Steve Herbaly
Flathead Regional development Office
723 5th Avenue E.
Kalispell, Montana 59901
RE: Annexation of Lots 13, 14, 15, and 16, Phillips Addition
Dear Steve,
Thank you for your letter of March 21, 1988. 1 disagree
with your conclusions as reached in the second paragraph. We do
intend to proceed with the requests based on a B-2, rather than
at this time ask for an amendment to the plan. I still don't
believe it is absolutely appropriate, and I do ask the question
of whether the need for an amendment is necessary or not be
brought before the City/County Planning Board at the next
meeting and with ample notice for me to appear.
Thank you for your attention. I remain,
RDJ/pfle
1.
Sincerely,
Richard �DeJana
Flathead Regional Development ice
723 5th Avenue East - Room 414
Kalispell, Montana 59901
March 21, 1988 Phone: (406) 752-5300 Ext. 279
Richard DeJana
Attorney at Law
35 4th Street West
Kalispell, MT 59903-1757
Re: Annexation of Lots 13, 14, 15 and 16 of Phillips Addition
Dear Mr. DeJana:
The questions you raised in your letter of March 18, 1988 have been
previously addressed in our letters of March 14 and March 16, 1988.
We clearly indicated that a B-1 zoning classification is in
substantial conformance with the Master Plan. We are somewhat
baffled by the statement in your letter suggesting otherwise.
We have advised you that any zoning classification other than a B-1
would require a text amendment to the Master Plan. Rationale for
this conclusion is based on statements in the Master Plan relative to
the role of the Master Plan Map (page 2), land use policy statements
for neighborhood commercial areas (page 8), distinction of four (4)
types of commercial designations (page 76), and the description of
neighborhood commercial areas (page 41). A map amendment would not
be necessary.
We hope this further clarifies the position of our Office. You will
still need to advise us on whether you wish to seek a B-1 or B-2
zoning classification. Your choice of classification will determine
the next step in the process.
Sincerely,
Stephen F. Herbaly� r
Planning Director
SFH/DMG/dh
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls 9 City of Kalispell • City of Whitefish •
'C , _ 2 t
Richard DeJana, Attorney at Law
35 4th Street West
(406) 752-4120 P.O. Box 1757
Kalispell, Montana 59903-1757
March 18, 1988
Steve Herbaly &
Dave Greer
Flathead Regional Dev. Office
723 5th Ave. East
Kalispell, Montana 59901
RE: Annexation of Lots 13, 14, 15, & 16 Phillips Addition
Gentlemen:
I received Dave's letter and Steve's letter of this week. I
have also met with the City Attorney.
Mr. Neier and. I reviewed the Comprehensive Plan map at City
Hall. Its latest revision was 8-27-87. I assume that is the
latest map, and if it isn't please advise. In looking at the map
we find that the area for the Scoreboard is listed under
Commercial, which is the same as downtown and other areas. Thus,
I hardly find a need to change the mapping for the Comprehensive
Plan. I do not find the text itself deals with the area in
question, other than a comment that neighborhood and office
commercial development was occurring in the area south and east.
of Woodland Park and north of Meridian Road. (Text, page 36.)
Of course, with the definition you use of neighborhood -
commercial, that was an erroneous statement.
Therefore, should the Planning Staff still feel that a B--1
zone is incompatible with the Comprehensive Plan, I do request a
letter advising of the direct reasons with citations to the Plan
and the maps. Should we still disagree, I do request to be put
on the agendaof the City -County Planning Board in order to
appeal the decision that we are in non-compliance. If we come
out still in non-compliance with the proposed zone after
determination of the City -County Planning Board, then we will
probably seek an amendment to the plan. Unfortunately now, I
cannot make a coherent proposal for an amendment to the Plan
since it appears that the plan would allow our use.
Your assistance would be greatly appreciated. As always,
1
your cooperation has been helpful and I hope you can help me
resolve these difficulties. Thank you for your attention and
help. I remain,
NEWAMS
cc: Glen Neier
Lincolns
2
sincerely,
Richard DeJana
Richard ana, Attorney at Lave VOID
35 4th Street West ;t
(406) 752-4120 P.O. Box 1757
Kalispell, Montana 59903-1757
March 16, 1988 9- or-r-,C6k
�R
Steve Herbaly
Flathead Regional
723 5th Avenue E.
Kalispell, Montana
Development Office
59901
RE: Annexation of Lots 13, 14, 15 and 16 of Phillips Addition
Dear Steve,
Thank you for your letter of March 14, 1988. I have on the
same date written to Mr. Greer. We need a definition with regard
to the one store that would go in the brown building, and the
existence of the bar within the zone. My cursory review was that
perhaps B-1 would be the best zoning classification, but I did
want a clarification of the uses. As soon as we have that we
will be prepared to go ahead with the annexation. I again want
to thank you for your cooperation.
Again, with regard to the Happy Valley Zoning, the concerns
and your ability to explain to the gentleman who was concerned
about his mobile home, was greatly appreciated. I think he has a
better grasp of the situation now. He is Mrs. Jensen's brother
and I had indicated to him that he should discuss the matter with
you; so I do want to thank you for taking the time at the meeting
to explain the situation.
Wishing you the very best. I remain,
Sincerely,
RDJ/pfe
1
Richard DeJaria
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
March 16, 1988 Phone: (406) 752-5300 Ext. 279
Richard DeJana
Attorney -At -Law
P. O. Box 1757
Kalispell, MT 59903
Re: Annexation and Zoning of Lots 13, 14, 15, and 16 of the
Phillips Addition
Dear Mr. DeJana:
We are in receipt of your letter of March 14, 1988. You indicated
that you could find no reference to a tavern or bar in the table
of uses and that "Alcohol Beverage, Retail" might fit the
definition of a bar. For purposes of our interpretation, a "bar"
shall be considered as "clubs/places of commercial entertainment
including taverns." This use is not permitted in a B-1 zoning
classification.
With reference to the "storm window" business, additional
information will be necessary before the zoning administrator can
determine the proper use classification. For example, without
more details on the type of actual use, the following uses could
apply:
building materials, storage/sale including lumber yards
contractor's plants/storage yards
glazier
prefabricated building materials, assembly/manufacture
storage warehouses/yards - no distribution/sale on premises
None of the above listed uses are permitted in a B-1 zoning
classification.
Please contact us again if you have any questions.
Sincerely,
Stephen F. Herbal
Planning Director
DMG/arw
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
March 16, 1988 Phone: (406) 752-5300 Ext. 279
Glen Neier, City Attorney
City of Kalispell
P. 0. Drawer 1997
Kalispell, MT 59903
Re: Annexation and Zoning of Lots 13, 14, 15 and 16
of the Phillips Addition
Dear Glen:
Please find the enclosed annexation and zoning application materials
for the above -referenced property. Please be aware that the
application has not been accepted pending receipt of additional
information. We will continue to forward correspondence as it occurs
so you can remain "current" with the proceedings. A "formal"
referral letter will be sent to all affected City departments and
committees upon acceptance of the application.
Call if you have any questions.
Sincerely, ��;-
David M. Greer
Senior Planner
DMG/dh
Enclosures: Copy of contents of F.R.D.O. Pre -Application File:
Annexation & Zoning of Lots 13,14, 15 and 16
of the Phillips Addition
Copy/we: Craig Kerzman, Acting Zoning Administrator
Providing Community Planning Assistance To:
• Flathead County 0 City of Columbia Falls 0 City of Kalispell 0 City of Whitefish •
723 5th Avenue East - Room 414
Kalispell, Montana 59901
March 16, 1988 Phone: (406) 752-5300 Ext. 279
Richard DeJana
Attorney -At -Law
P. 0. Box 1757
Kalispell, MT 59903
Re: Annexation and Zoning of Lots 13, 14, 15, and 16 of the
Phillips Addition
Dear Mr. DeJana:
We are in receipt of your letter of March 14, 1988. You indicated
that you could find no reference to a tavern or bar in the table
of uses and that "Alcohol Beverage, Retail" might fit the
definition of a bar. For purposes of our Interpretation, a "bar"
shall be considered as "clubs/places of commercial entertainment
including taverns." This use is not permitted in a B-1 zoning
classification.
With reference to the "storm window" business, additional
information will be necessary before the zoning administrator can
determine the proper use classification. For example, without
more details on the type of actual use, the following uses could
apply:
building materials, storage/sale including lumber yards
contractor's plants/storage yards
glazier
prefabricated building materials, assembly/manufacture
storage warehouses/yards - no distribution/sale on premises
None of the above listed uses are permitted in a B-1 zoning
classification.
Please contact us again if you have any questions.
Sincerely,
Stephen F. Herbal;��
Planning Director
DMG/arw
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell - City of Whitefish
Richard DeJana, Attorney at Law
35 4th Street West ,
(406) 752-4120 P.O. Box 1757{�
Kalispell, Montana 59903-1757 1.
r.:.
March 14, 1988 L , Gjo t
David Greer
Flathead Regional Development
723 5th Ave. West
Kalispell, Montana 59901
Re: Scoreboard
Dear Dave,
The purpose of this letter is to deal with the annexation of
Lots 13, 14, 15 and 16, Phillips Addition to the City of
Kalispell. I have reviewed the Kalispell Zoning Regulations.
Under B-1, there is an entry, Alcohol Beverage, Retail (see also
Retail Business). As I read this, it appears to fit the
definition of a bar. I note that a restaurant would then be a
conditional use, providing it was incidental to the bar. So
perhaps B-1, if this information is correct, would be an
appropriate classification for the Scoreboard itself. The
adjacent building is proposed to be sold to a business which
basically sells storm windows. There is some assembly on
premises but it doesn't need the outdoor advertising nor outdoor
storage. This appears to fall into the category of hardware
(retail sales).
Additionally, when I running through the definitions in
other categories I do not find tavern or bar, nor do I find
anything closer to the window business. Could you check your
lists, make a decision whether you believe these are appropriate
within the zone; with the exception that the restaurant would
have to be subject to a conditional use.
Your expediticus attention would be most appreciated. _
remain,
RDJ/pfe
cc: Lincolns
sincerely,
Richard DeJana
1
Flathead Regional DeveJopment Office
723 5th Avenue East Room 414
Kalispell, Montana 59901
March 14, 1988
Phone: (406) 752-53(N) Ext. 279
Richard DeJana
Attorney -At -Law
P. 0. Box 1757
Kalispell,;MT 59903
Re: Annexation and Zoning of Lots 13, 14, 15, and 16 of the
Phillips Addition
Dear Mr. DeJana:
This letter is to confirm our conclusions and understandings from
our meeting held on Friday, March 11, 1988 regarding the above
referenced subject. Key points of understanding are as follows:
1. The application for annexation and city zoning is not
complete and cannot be processed pending consent to
annexation from all parties having financial or legal
Interest in the properties.
2. You have modified your letter of application to request B2
as opposed to B3 zoning.
3. This office has advised you that a B2 zoning classification
is not in conformance with the Kalispell City -County Master
Plan.
4. Granting a B2 zoning classification will require an
amendment to the Master Plan.
5. An additional application fee of $200 will be required for
an amendment to the Master Plan.
6. This office cannot provide you with any assurance as to the
outcome of the Plan Amendment request, although our initial
reaction is unfavorable.
7. You have indicated that a B1 zoning classification may be
appropriate and, therefore, would negate the need for the
Master Plan Amendment. You will review and notify us
accordingly.
Providing Community Planning Assistance 'Tn:
Flathead County • City of Columbia Falls 0 City of Kalispell • City of Whitefish
Richard DeJana
Attorney -At -Law
Re: Annexation and Zoning of Lots 13, 14, 15, & 16 of the Phillips
Addition
March 14, 1988
Page 2
Please review these points of common understanding. If you
disagree with any of these points, please contact us at your
earliest convenience.
Sincerely,
Stephen F. Herbaly
Planning Director
DMG/arw
Richard DeJana, Attorney at Law
35 4th Street West
(406) 752-4120 P.O. Box 1757
Kalispell, Montana 59903-1757
February 24, 1988
Steve Herbaly
Planning Director
Flathead Regional Development Office
723 5th Avenue E.
Kalispell, Montana 59901
Re: Annexation of Lots 13, 14, 15, and 16 of Phillips Addition
Dear Steve,
Thank you for your letter of February 18, 1988. The
annexation application information we had received indicated the
application fee was $175.00 rather than $200.00. Enclosed is the
�r additional $25.00.
U foThe property is presently zoned B-1 and we will be asking
r when it comes into the City. I believe the comprehensive
plan will allow either use.
I am still awaiting the title report from County Guaranty so
you can complete your actions. I should advise you that we have
been in contact for some time with the City, particularly Mr. Ken
Hammer, regarding this matter and they are well aware of the
actions we are taking.
If you can check your schedule and have your secretary let
my secretary know a convenient time for us to get together, I
will be glad to come over. I remain,
RDJ/pfe
Enclosure
1
Sincer7 y,
Richard DeJana
723 5th Avenue East - Room 414
Kalispell. Montana 59901
February 18, 1988 Phone: (406) 752-5300 Ext. 279
Richard DeJana
P. 0. Box 1757
Kalispell, MT 59903-1757
Re: Annexation of Lots 13, 14, 15, and 16 of the Phillips
Addition
Dear Mr® DeJana:
We are in receipt of your letter to the City Council of
Kalispell, dated February 17, 1988, concerning annexation of the
above -described property® Please be advised that you should also
discuss this request with our office since the requested zone may
not be in compliance with the Kalispell City -County Master Plan.
The application materials must include a title report and a fee
of $200. The check accompanying your letter is deficient by $25.
-An additional fee will be required if a master plan amendment is
necessary,
As you are aware, the zoning will require consideration by both
the Kalispell City -County Planning Board and Zoning Commission
and the City Council® A public hearing will be required by the
City Council.
Please contact us on this matter at your earliest convenience®
Sincerely,
Stephen F. Herbal
Planning Director
DMG/arw
c: Mayor Ed Kennedy
11
Providing Community Planning Assistance To:
Flathead County o City of Columbia Falls a City of Kalispell ® City of Whitefish
Richard ana, Attorney at Lave
35 4th Street West
(406) 752-4120 P.O. Box 1757
Kalispell, Montana 59903-1757
February 29, 1988
Steve Herbaly
Planning Director
Flathead Regional Development Office
723 5th Avenue E.
Kalispell, Montana 59901
7388
RE: Annexation of Lots 13, 14, 15 and 16 of Phillips Addition
Dear Steve,
Enclosed herewith is the title report, at long last, on the
above annexation. Now that you have this we had better set up a
time to get together so I can explain what is going on.
I remain,
RDJ/pfe
Enclosure
1
Sincerely,
Richard DeJana
COUNTY GUARANTY TITLE C-APANY
SAFECO TITLE INSURANCE COMPANY
Certificate No. CG-11590
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE
To the County of __ latthead--------_._.---_._ and the City of _..Kalispell_—_________ in Montana
SAFECO TITLE INSURANCE COMPANY OF IDAHO, a corporation organized and existing under
the laws of the State of Idaho, with its principal office in the City of Boise, Idaho, and duly authorized to
insure titles in Montana hereby certifies that from its examination of these public records which impart con-
structive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the
17th day of February , 19 88 , at 5 o'clock P.M., the title to the said described real estate was
indefeasibly vested in fee simple of record in:
See Attached
subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B
hereof.
The maximum liability of the undersigned under this certificate is limited to the sum of $ 5000.00
This certificate of title is made inconsideration of the payment of the premium by the subdivider of said
land and for the use of the County and City above named.
IN WITNESS WHEREOF the said Company has caused its corporate seal to be hereto affixed and
these presents to be duly signed in accordance with its by-laws.
This certificate not valid
unless countersi0ned:
BY - < �n - ---- --
t/
SAFECO TITLE INSURANCE COMPANY
OF IDAHO
By
r, President
r
f'r 'p sue'
Attest
Secretary
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE (Montana)
IDP-343 (6-80)
CG-11590
Page lA
VESTING
Parcel 1: SCOREBOARD SPORTS PAGE, INC., a Montana Corporation
Parcel 2: HARLEY C. GOSNEY and DOROTHY D. GOSNEY, as Tenants in Common
Parcel 3: HARLEY C. GOSNEY
O)SAFECO
TITLE INSURANCE
SCHEDULE A
Page 2 Certificate No. CG-11590
Being the legal description of the real estate covered by this certificate.
The following -described parcels of real estate:
PARCEL l:
Lots 15 and 16 of Block 3 of Phillips Addition, according to the map or plat
thereof on file and of record in the office of the Clerk and Recorder of
Flathead County, Montana.
PARCEL 2:
Lot 13 of Block 3 of Phillips Addition, according to the map or plat thereof
on file and of record in the office of the Clerk and Recorder of Flathead
County, Montana.
PARCEL 3:
Lot 14 of Block 3 of Phillips Addition, according to the map or plat thereof
on file and of record in the office of the Clerk and Recorder of Flathead
County, Montana.
(BSAFECO
TITLE INSURANCE
SCHEDULE B
Page 3 Certificate No. CG-11590
Being all of the estates, interests, equities, lawful claims, or demands,
defects, or objections whatsoever to title; and all easements, restrictions,
liens, charges, taxes (general, special, or inheritance, or assessments of
whatever nature), or encumbrances; and all other matters whatsoever affecting
said premises, or the estate, right, title, or interest of the record owners,
which now do exist of record.
1. General taxes for the second half of the year 1984, which are now delinquent.
2. General taxes for the first half of the year 1985, which are now delinquent.
3. General taxes for the second half of the year 1985, which are now delinquent.
4. General taxes for the first half of the year 1986, which are now delinquent.
5. General taxes for the second half of the year 1986, which are now delinquent.
6. General taxes for the first half of the year 1987, which are now delinquent.
7. General taxes for the second half of the year 1987.
8. General taxes for the year 1988.
9. Taxes, charges and assessments not yet certified to the County Treasurer for
collection.
10. Mineral rights, claims or title to minerals.
11. Unrecorded Contract for Deed dated October 20, 1982, executed by and between
Harley C. Gosney and Dorothy D. Gosney, as Vendor; and William Thomas Lincoln.,
Robert E. Lincoln and Robert C. Lincoln, as Vendee; constructive notice given
by Notice of Purchaser's Interest recorded December 2, 1982, under Recorder's
Fee #18056, in Book 756, page 24, records of Flathead County, Montana. (Affects
Parcels 2 & 3)
12. Trust Indenture dated June 17, 1983, executed by William T. Lincoln, Robert C.
Lincoln and Robert E. Lincoln, to Citizens Title & Escrow, as Trustee; and
Norwest Bank Kalispell, National Association, as Beneficiary; to secure payment
of $72,500.00, together with interest, and any other obligations secured
thereby, recorded June 20, 1983, under Recorder's Fee #83-10945, in Book 774,
page 516, records of Flathead County, Montana. (affects Parcel 1)
13. Warranty Deed executed by William T. Lincoln, Robert C. Lincoln and Robert E.
Lincoln to Scoreboard Sports Page, Inc., a Montana Corporation, recorded May 2,
1985 as Document #8512215060, records of Flathead County, Montana.
14. Deed of Trust dated May 1, 1985, executed by Scoreboard Sports Page, Inc., a -
Montana Corporation, to Richard DeJana, as Trustee; and William T. Lincoln,
Robert C. Lincoln and Robert E. Lincoln, as Beneficiary; to secure payment
TITLE INSURANCE
CG-11590
Schedule B
Page 3A
of $288,000.00, together with interest and any other obligations secured
thereby, recorded May 2, 1985, as Document #8512215080, records of Flathead
County, Montana.
15. Financing Statement #37247, filed May 2, 1985, under Recorder's Fee
#8512215090, records of Flathead County, Montana.
Debtor: Scoreboard Sports Page, Inc.
Secured Party: William T. Lincoln, Robert Lincoln, Robert E. Lincoln
16. Judgement entered June 2, 1986, in favor of Jay H. Goodwin and against Robert
E. Lincoln, in the sum of $3,157.79 in the District Court of the Eleventh
Judicial District of the State of Montana, in and for the County of Flathead
Case #DV-86-472.
17. Unrecorded Contract for Deed dated October 10, 1986, executed by and between
Scoreboard Sports Page, Inc., a Montana Corporation, as Vendor; and Kip
Cartwright Hayes, as Vendee; constructive notice given by Notice of
Purchaser's Interest recorded October 20, 1986, as Document #8629312400,
records of Flathead County, Montana. (Affects Parcel 2)
18. Notice of Leasehold Interest dated January 26, 1987 executed by Unicom School
of Communication, recorded January 27, 1987 as Document #8702708490, records of
Flathead County, Montana. (Affects Parcel 2)
19. Notice of Trustee's Sale, in which the interest of the Trustee in the Deed of
Trust shown at Exception #14 above will be sold on August 28, 1987, recorded
April 30, 1987, as Document #8712013400, records of Flathead County, Montana.
20. The lien of Federal Estate Tax in the matter of the Estate of Dorothy D.
Gosney, deceased. (Parcels 2 & 3)
21. The lien of State Inheritance tax in the matter of the Estate of Dorothy D.
Gosney, deceased. (Parcels 2 & 3)
22. Dorothy D. Gosney died as the record owner of said premises, leaving a will
which was admitted to informal Probate on December 2, 1987 under Probate Case
No. DP-87-209, in the District Court of the Eleventh Judicial District of the
State of Montana, in and for the County of Flathead. Harley C. Gosney has been
appointed Personal Representative. No exception is taken to the proceedings
thus far taken.
SAFECD
TITLE INSURANCE
FLATHEAD COUNTY LAND INFORMATION SYSTEM
STATEMENT OF TAXES DUE FOR ASSESSOR NUMBER 0969228 AS OF 021788
______________________________________________________________________________
SCHOOL
INST
RCPT
TAX AMOUNT
PENALTY
INTEREST
TOTAL DUE BY
DIST
--------------------------------------------------------------------------=---
NMBR
DUE
THRU 022988
INSTALLMENT
05
2
8405100
743.31
14.86
204.66
962.83
05
1
8505145
867.68
17.35
195.40
1080.43
05
2
8505145
778.70
15.57
136.53
930.80
05
1
8605198
891.83
17.83
111.66
1021.32
05
2
8605198
800.17
16.00
60.28
876.45
' 05
1
8705681
894.01
17.88
22.53
904.42
05
2
8705681
802.33
802.33
TOTAL AMOUNT DUE 6608.58
______________________________________________________________________________
08-28-21
PHILLIPS
ADD
15 3 .
08-28-21
_ _
PHILLIPS
ADD -
16 3 .
FLATHEAD COUNTY LAND INFORMATION SYSTEM
STATEMENT" OF TAXES DUE FOR ASSESSOR NUMBER 0295851 AS OF 021788
-------------------------------------------------------------------------------
SCHOOL
INST-
RCPT
TAX AMOUNT
PENALTY
INTEREST
TOTAL DUE BY
I?IST
NMBR
DUE
THRU 02298B
INSTALLMENT
-------------------------------------------------------------------------------
05
2
8403212
125.14
2.50
34.45
162.09
05
1
8503262
141.03
2.82
31.76
175.61
05
2
8503262
131.10
2.62
22.98
156.70
05
1
8603324
169.29
3.38
21.19
193.86
05
2
8603324
157.17
3.14
11.84
172.15
05
1
8703429
169.70
3.39
4.27
177.36
ifs
2
e703429
157.59
157.59
TOTAL_ AMOUNT DUE 1195.36
------------------------------------------------------------------------------
08-28-21 PH I LL I PS ADD 17, _
FLATHEAD COUNTY LAND INFORMATION SYSTEM
STATEMENT OF TAXES DUE FOR ASSESSOR NUMBER 0295750 AS OF 02178E
------------------------------------------------------------------------------
SCHOOL
INST
RCPT
TAX AMOUNT
PENALTY
INTEREST
TOTAL DUE BY
DIST
------------------------------------------------------------------------------
NMBR
DUE
THRU 022988
INSTALLMENT
05
2
8403205
30.30
,60
8.34
39.24
05
1
8503255
34.16
.68
7.69
42.53
05
2
8503255
31.75
.63
5.56
37.94
05
1
8603317
112.56
2.25
14.09
128.90
05
2
8603317
104.51
2.09
7.87
114.47
05
1
8703422
112.84
2.25
2.84
117.93
05
2
8703422
104.79
104.79
TOTAL AMOUNT DUE 585.80
-------------------------------------------------------------------------------
08-28-21 PHILLIPS ADD 14 _
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Richard ana, Attorney at Lave
35 4th Street West
(406) 752-4120 P.O. Box 1757
Kalispell, Montana 59903-1757
February 17, 1988
City Council
City of Kalispell
Drawer 1997
Kalispell,'Montana 59903
Re: Annexation Committee
Gentlemen:
On behalf of my clients Robert C. Lincoln, Robert E. Lincoln
and William T. Lincoln, I hereby make application to you for the
annexation of lots 13, 14, 15 and 16 of Phillips Addition,
according to the map and plat thereof, Kalispell, Montana. We
have included herewith our fee of $175.00, our legal description
as stated above.
There is located on the premises a commercial building, that
has been used for offices and a training school but has been
vacant since the end of December,1987 (lots 13 & 14), and a bar
and restaurant. (Lots 15 & 16) Attached is a map of the general
area we suggest it be B-3 zoning, which more fits the uses
presently surrounding the property than the County imposed B-1.
We believe the annexation would be very worthwhile since we have
found since retaking over the business, we are finding the
revenue that would be generated to the City just on the machine
gaming licenses would equate to approximately $300.00 per week.
That would be in addition to any fees.
We further request that the City install the water line and
fire hydrate locations. In addition, with respect to sewer, any
increase over the 4" line should be covered by the City. We
believe Lhe additional income justifies this approach. Since it
appears that we are within 200 feet above the pumping station, we
probably wouldn't have to annex to secure sewage, but the
financial benefit to the City, and decrease in fire insurance
makes this very desirable
Because this property is under receivership, the annexation
will be subject to Court approval which we will be providing
later. Lots 13 & 14 belong to a Harley Gosney and are being sold
under contract. We will provide his consent within the next week.
Absent also is our title report which has been ordered and will
be forth coming.
Thank you for your consideration. I remain,
Sincerely, ,
Richard DeJanaU'
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TRANSMITTAL MEMORANDUM
LAW OFFICE OF RICHARD DEJANA
35 4th Street West
P.O. Box 1757
Kalispell, Montana 59901
DATE:
RE:
Documents and/or_ papers listed below are enclosed:
Please note
Per your request
For your information and/or file
^_EtTo file/record
To review and call me upon receipt
__ P7.ease sign on lines indicated
y_ For your approval and entry; return original
Please call for appointment
___ -Return a conformed. copy for our files
-.----Send a conformed copy to opposing counsel
Other
If you have any questions, please call our office 7!�2'41..O
1
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WITHDRAWAL FROM
RURAL FIRE DTSTRfCT
TO WHOM IT MAY CONCERN:
THIS AGREEMENT, made and entered into this day of
19b and between or
y t3
-
hereinafter OWNER(S), and the CITY OF KALISPELL, Flathead County,
Montana, hereinafter CITY, WITNESSETII:
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 agree-
ments, the receipt and sufficiency of which is hereby acknowledged,
the OWNER(S), 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, and incorporate within its
boundaries property situated in the County of Flathead, State of
Montana, more particularly described on Exhibit "A" attached hereto
and which, by this reference, is made a part hereof.
The OWNER(S) further agree(s) that should said real property be
annexed to the City of Kalispell that the OWNER(S) will upon demand
pay to said ,City of Kalispell all reasonable and necessary costs of
said annexation, such survey, plat preparation, publication costs,
etc.
The OWNER(S) further agree(s) that, should said real property be
annexed to the City of Kalispell, and a Special Improvement District
including said premises be proposed for installation of water, sewer
and street paving or any combination thereof, in such district, we do
waive our right to protest formation of such district and approving
such improvements and the sale of bonds to finance same.
The OWNER(S) do(es) further herein expressman intent to*�ave the
property as herein described withdrawn from the
Rural Fire District under the provisions of Section - 3-212 , Montana
Code Annotated; 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 OWNER(S) 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 subsequent holders or owners of the above
described real property.
The CITY does hereby agree to allow the OWNER(S) to hook onto the
City of Kalispell water and sewer systems, at the usual and approved
rates, for services of said premises. All costs of such hook -on
shall be paid in advance by OWNER(S).
IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands
and affixed our seals this ! ? day of ; , i , 19," .
OWNER(S) _ ��
STATE OF MONTANA )
ss.
County of Flathead )
On this y of day �I I 1 �, .. <,_,
f � 198$, before me, the under-
signed, a Notary Public for the State of Montana, personally appeared
t"//'<M 1(_, ,.,;i� 1��..Ice _d7 , known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that
he executed the same.
IN WTTNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year in this certificate first above
written.
otary Public for the State o-f-Montana
Residing at�uUF
My Commission Expires:
STATE OF MONTANA )
ss.
County of Flathead )
On this day of 1987, before me, a Notary
Public in an7 for the State o Montana, personally appeared
and
known to me to be the and
X
that executed the within instrument, and acknowledged that they sub-
scribed, sealed and delivered said instrument as the free and volun-
tary act of said corporation, for the uses and purposes therein
setforth, and that they were duly authorized to execute the same on
behalf of said corporation.
TN WITNESS WHEREOF, I have hereunto set'my Nand and affixed' my
Notarial Seal, the day and year first above written.
Notary Public for the SE-a-f-e-of Montana
Residing at
My Commission Expires:
CITY OF KALISPELL
ayor
ATTEST:
City Clerk -Treasurer
STATE OF MONTANA )
) ss.
County of Flathead )
On this day of , 1987, before me, a Notary
Public in and .tor the State o Montana, personally appeared .John
"Ed" Kennedy, Jr. and Don Halver, known to me to be the Mayor and
City Clerk -Treasurer of the City of Kalispell, a municipality,
that executed the within instrument and acknowledged that such
Mayor and City Clerk -Treasurer respectively subscribed, sealed
and delivered said instrument as the free and voluntary act of
said municipality, for the uses and purposes therein setforth, and
that they weie Uuly diith vl l�i-:v_ to execute the sailie on behalf or
said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year first abvoe written.
Notary Public for the State of Montana
Residing at
My Commission Expires: