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Staff Report/De-Annexing a PortionPLANNING FOR THE `FUTURE REPORT TO: Kalispell Mayor and City Council FROM: Thomas R. Jentz, Director James H. Patrick, City Manager Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planninst SUBJECT Public Hearing - De -annexation of an approximately 3,441 square foot strip of land - South Woodland Drive and Quincy Loop MEETING DATE: September 2, 2008 BACKGROUND: In October of 2003 the city council approved an annexation, initial zoning and subdivision request for the River Glen Subdivision. This 3.4 acre subdivision is located on the east side of South Woodland Drive immediately south of Quincy Loop. The legal description attached with the annexation and initial zoning request stated that the property to be annexed included all of lot 26 and a portion of lot 25, Greenacres Subdivision, Block 1. Unfortunately, six months earlier the property owners of lots 25 and 26 recorded a boundary line adjustment between the two lots. As part of this boundary line adjustment a former 10-foot wide by 326-foot long portion of lot 26 was now included in lot 25 (now designated lot 25A). This long rectangular strip encompassing approximately 3,441 square feet was then incorrectly included in the legal description for the River Glen Subdivision's annexation. Lorna Wilson, owner of lot 25A, is still outside the city limits, however, is paying city taxes in addition to state and county taxes on the 3,441 square foot area due to the incorrect legal description. Ms. Wilson has formally requested that the 3,441 square foot portion of her property within city limits be de -annexed as it was never intended to be included in the River Glen Subdivision's annexation. A copy of the legal description of the River Glen Subdivision, the amended plat of lots 25 and 26 of Greenacres and legal description of the area to be de -annexed are attached. Pursuant to title 7, chapter 2, part 48 of Montana Code Annotated, the city council at their August 4+h meeting passed a resolution of intent to de -annex the land from the city limits and published a notice in the paper calling for a public hearing at the September 2, 2008 council meeting. RECOMMENDATION: Hold the public hearing as advertized and take action on the request to de -annex would be in order. FISCAL EFFECTS: No negative impact as the city would be de -annexing land that was not intended to be annexed in the first place. TE AT . As suggested by the city council. Respectfully submitted, Thomas R. Jentz Director Report compiled: August 7, 2008 c: Theresa White, Kalispell City Clerk James H. Patrick City Manager ECEIVEDO IUN 0 2008 LISP LL PLANNING PART i T 11 I x 2011 A Ave. East Kalispell. Mt. 59903 Re: Request for De -annexation a ■ in Block I of Greenacres subdivision i R. MontanaFlathead County, My name is Lorna M. Wilson, the owner of record of the above mentioned lot. The city of Kalispell has annexed a portion of my lot into the city. The area is a ten foot stri of land with 326t/- in IP length. w ' area is located the Northwest corner of my lot. Please accept this letter as a request to de -annex this portion of Lot 25A. I will provide you with a survey of the area prepared by a licensed surveyor. Thank you. '� Z Any questions, please call J. Johnson at 261-2491, or Dan Wilson at either 257-3212 or 253-1419 am tton o uA 1\ �" c, ArAe4-£ST Gi).ts-SOr (xJ.J9'E9r (d),9L•F9r x9r.90.00N O� (dJ.SB'E9T ALM.Or.0oN � (a).so•t9r Q ° b 4 O ® ``A• b O• U ® N `� h O w ,t2'6Ll Y.fiE,t0.00N N o U O ll::� N C6 g $ .^ a o a ® �3 co m ! h� V a a w O q. m U (8).9r'SSI (d),S2'E9r $07,97Ao8 (rT),8ir'tLT W.0cwt $BEt0. x -rQ PugIPoog ipnoS A Tract of land, situate, lying and being in the SE1/4 SE1/4 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the Northwest corner of Lot 25A of the Amended Plat of Lots 25 and 26, Block 1, of Greenacres, a map or plat on file and of record in the office of the Flathead Country Clerk and Recorder; thence S 89'17'58" E, along the north line of said Lot 25A, 326.25 feet to the Northeast corner of said Lot 25A; thence S 00°04'33" E, along the east line of said Lot 25A, 10.47 feet to a point; thence N 89°18'38" W, 326.25 feet to a point on the west line of said Lot 25A; thence N 00°04'33" W, along the west line of said Lot 25A, 10.53 feet to the point of beginning. Containing 0.079 acres of land more or less �GCEOMC n JUL 162006 t�J KALISPELL PLANNING 0EPAW WMI Wilson.doc 13011#1 V LIN We)�• NOTICE IS HEREBY GIVEN that the City Council on August 4, 2008, passed Resolution 5290 declaring its intention to exclude certain real property which is more particularly described in Exhibit "A" attached hereto. Said Resolution 5290 declares that it is in the best interest of the City of Kalispell and the inhabitants thereof that said property be considered for exclusion. Exclusion of the property described above shall proceed under Title 7, Part 48 Montana Code Annotated. On September 2, 2008 at 7:00 p.m., in the Council Chambers, City Hall, 201 First Avenue East, Kalispell, Montana, the City Council of the City of Kalispell shall hold a public hearing and shall consider all evidence, written or oral, received by the City pursuant to this Notice. After considering the same, the Council may duly and regularly pass and adopt a Resolution approving the exclusion and the boundaries of the City of Kalispell will exclude the same within the corporate limits of the City, as described in Exhibit "A". The time when the said Resolution shall go into effect shall be fixed by said Resolution. Publish: August 13, 2008 August 27, 2008 EXHIBIT "A" Theresa White City Clerk A tract of land, situate, lying and being in the SE 1/4 SE 1/4 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the Northwest corner of Lot 25A of the Amended Plat of Lots 25 and 26, Block 1, of Greenacres, a map or plat on file and of record in the office of the Flathead County Clerk and Recorder; thence S 89°17'58" E, along the north line of said Lot 25A, 326.25 feet to the Northeast corner of said Lot 25A; thence S 00°04'33" E, along the east line of said Lot 25A, 10.47 feet to a point; thence N 89°18'38" W, 326.25 feet to a point on the west line of said Lot 25A; thence N 00°04'33" W, along the west line of said Lot 25A, 10.53 feet to the point of beginning. Containing 0.079 acres of land more or less. ' 1, 1 i 1 1 1, • i WHEREAS, on October 6, 2003, the City Council of the City of Kalispell, Montana, approved Resolution 4836, which annexed certain real property located on the east side of South Woodland Drive, south of Quincy Loop, and WHEREAS, Lorna M. Wilson, the owner of a portion of the real property annexed, petitioned the City of Kalispell to exclude that portion of the annexation which was incorrectly included in Resolution 4836 and is more particularly described in Exhibit "A", and WHEREAS, the City of Kalispell desires to exclude the property from the City limits under the provisions of Title 7, Part 48 of the Montana Code Annotated (Exclusion of Land), and WHEREAS, the Kalispell City Council finds that the petition to exclude the property was signed by a qualified elector, that the territory is within and on the border of the corporate limits, and the granting of the petition is in the best interest of the City of Kalispell and its inhabitants and will not materially mar the symmetry of the City of Kalispell, and WHEREAS, the Kalispell City Council shall on the 2nd day of September, 2008, hold a Public Hearing, pursuant to MCA 7-2-4314, to hear all persons and things relative to the proposed exclusion of the territory described in Exhibit "A" in accordance with the Kalispell Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That it is the intention of the City of Kalispell that certain territory described in Exhibit "A" be excluded from the corporate limits of the City and the boundaries of the City be so altered so as to exclude the same. SECTION II. That a public hearing shall be held to hear all persons and things relative to the proposed exclusion of the territory described in Exhibit "A" at 7:00 pm on the 2nd day of September, 2008 in the Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell, MT. SECTION III. The City Clerk shall immediately notify, in writing, all registered voters in the territory to be excluded and publish a notice in the Daily Inter Lake, a daily newspaper published at Kalispell, Montana, of this Resolution of Intention pursuant to 7-1-4127 MCA, said notice also stating the time and place set for the public hearing on the proposed exclusion. SECTION IV. The City Council, after considering all of the evidence, may adopt a resolution approving the exclusion and the boundaries of the City shall thereby be altered to exclude the property described in Exhibit "A» PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF AUGUST, ATTEST: Theresa White City Clerk A tract of land, situate, lying and being in the SE 1/4 SE 1/4 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the Northwest corner of Lot 25A of the Amended Plat of Lots 25 and 26, Block 1, of Greenacres, a map or plat on file and of record in the office of the Flathead County Clerk and Recorder; thence S 89°17'58" E, along the north line of said Lot 25A, 326.25 feet to the Northeast corner of said Lot 25A; thence S 00°04'33" E, along the east line of said Lot 25A, 10.47 feet to a point; thence N 89°18'38" W, 326.25 feet to a point on the west line of said Lot 25A; thence N 00°04'33" W, along the west line of said Lot 25A, 10.53 feet to the point of beginning. Containing 0.079 acres of land more or less. t i STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE ROONEY BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 13395 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES Of August 13, 27, 2008. AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. Subscribed and sworn to - Before me this August 27, 2008 Dorothy4Glenc Notary Public for the State of Montana Residing in Kalispell My commission expires 9/11/09 City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 CERTIFICATE OF MAILING I, Theresa White, on behalf of the City of Kalispell, do hereby certify that a copy of the attached: "NOTICE OF INTENT TO EXCLUDE AND NOTICE OF PUBLIC HEARING" and "RESOLUTION 5290, "A RESOLUTION OF INTENTION TO EXCLUDE CERTAIN TERRITORY FROM THE CITY OF KALISPELL, UNDER THE PROVISIONS OF TITLE 7, PART 48, M.C.A. (EXCLUSION OF LAND), COMPRISING A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW, AND SETTING A PUBLIC HEARING" were mailed first class, postage prepaid, on the 5th day of August, 2008 to the property owner listed below: Lorna M. Wilson 1701 South Woodland Drive Kalispell, MT 59901 K €Q ' it 5 d ,dmQDDdd000 _f Theresa White City Clerk City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406) 758-7756 Fax - (406) 758-7754 August 5, 2008 Lorna M. Wilson 1701 South Woodland Drive Kalispell, MT 59901 Dear Ms. Wilson: Enclosed is a Notice of Intent to Exclude and Notice of Public Hearing concerning your request to de -annex a ten -foot strip of property that was annexed in error in 2003. A public hearing on the issue has been scheduled for September 2. Please do not hesitate to contact me with any questions you may have. Sincerely, iL Theresa White City Clerk i FRO 130011 i f NOTICE IS HEREBY GIVEN that the City Council on August 4, 2008, passed Resolution 5290 declaring its intention to exclude certain real property which is more particularly described in Exhibit "A" attached hereto. Said Resolution 5290 declares that it is in the best interest of the City of Kalispell and the inhabitants thereof that said property be considered for exclusion. Exclusion of the property described above shall proceed under Title 7, Part 48 Montana Code Annotated. On September 2, 2008 at 7:00 p.m., in the Council Chambers, City Hall, 201 First Avenue East, Kalispell, Montana, the City Council of the City of Kalispell shall hold a public hearing and shall consider all evidence, written or oral, received by the City pursuant to this Notice. After considering the same, the Council may duly and regularly pass and adopt a Resolution approving the exclusion and the boundaries of the City of Kalispell will exclude the same within the corporate limits of the City, as described in Exhibit "A". The time when the said Resolution shall go into effect shall be fixed by said Resolution. Publish: August 13, 2008 August 27, 2008 EXHIBIT "A" r' Theresa White City Clerk A tract of land, situate, lying and being in the SE 1/4 SE 1/4 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the Northwest corner of Lot 25A of the Amended Plat of Lots 25 and 26, Block 1, of Greenacres, a map or plat on file and of record in the office of the Flathead County Clerk and Recorder; thence S 89° 17'S8" E, along the north line of said Lot 25A, 326.25 feet to the Northeast corner of said Lot 25A; thence S 00°04' 33" E, along the east line of said Lot 25A, 10.47 feet to a point; thence N 89° 18' 38" W, 326.25 feet to a point on the west line of said Lot 25A; thence N 00°04'33" W, along the west line of said Lot 25A, 10.53 feet to the point of beginning. Containing 0.079 acres of land more or less. i • ! i W•! 1 1 ; 1 •; ; • WHEREAS, on October 6, 2003, the City Council of the City of Kalispell, Montana, approved Resolution 4836, which annexed certain real property located on the east side of South Woodland Drive, south of Quincy Loop, and WHEREAS, Lorna M. Wilson, the owner of a portion of the real property annexed, petitioned the City of Kalispell to exclude that portion of the annexation which was incorrectly included in Resolution 4836 and is more particularly described in Exhibit "A", and WHEREAS, the City of Kalispell desires to exclude the property from the City limits under the provisions of Title 7, Part 48 of the Montana Code Annotated (Exclusion of Land), and WHEREAS, the Kalispell City Council finds that the petition to exclude the property was signed by a qualified elector, that the territory is within and on the border of the corporate limits, and the granting of the petition is in the best interest of the City of Kalispell and its inhabitants and will not materially mar the symmetry of the City of Kalispell, and WHEREAS, the Kalispell City Council shall on the 2nd day of September, 2008, hold a Public Hearing, pursuant to MCA 7-2-4314, to hear all persons and things relative to the proposed exclusion of the territory described in Exhibit "A" in accordance with the Kalispell Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That it is the intention of the City of Kalispell that certain territory described in Exhibit "A" be excluded from the corporate limits of the City and the boundaries of the City be so altered so as to exclude the same. SECTION II. That a public hearing shall be held to hear all persons and things relative to the proposed exclusion of the territory described in Exhibit "A" at 7:00 pm on the 2nd day of September, 2008 in the Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell, MT. SECTION III. The City Clerk shall immediately notify, in writing, all registered voters in the territory to be excluded and publish a notice in the Daily Inter Lake, a daily newspaper published at Kalispell, Montana, of this Resolution of Intention pursuant to 7-1-4127 MCA, said notice also stating the time and place set for the public hearing on the proposed exclusion. SECTION IV. The City Council, after considering all of the evidence, may adopt a resolution approving the exclusion and the boundaries of the City shall thereby be altered to exclude the property described in Exhibit "Aar PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF AUGUST, Theresa White City Clerk "�►.�: A tract of land, situate, lying and being in the SE 1/4 SE 1/4 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the Northwest corner of Lot 25A of the Amended Plat of Lots 25 and 26, Block 1, of Greenacres, a map or plat on file and of record in the office of the Flathead County Clerk and Recorder; thence S 89'17'58" E, along the north line of said Lot 25A, 326.25 feet to the Northeast corner of said Lot 25A; thence S 00°04'33" E, along the east line of said Lot 25A, 10.47 feet to a point; thence N 89°18'38" W, 326.25 feet to a point on the west line of said Lot 25A; thence N 00°04'33" W, along the west line of said Lot 25A, 10.53 feet to the point of beginning. Containing 0.079 acres of land more or less.