Resolution 4590/AnnexationA RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN
REAL PROPERTY TO BE KNOWN AS GLACIER VILLAGE GREENS ADDITION NO.
299; AND DECLARING A EFFECTIVE DATE.
WHEREAS, on September 5, 2000, the City Council passed Resolution
No. 4581 declaring an intention to annex certain real
property which is more particularly described in Exhibit
"A", attached hereto and thereby made a part hereof, and
WHEREAS, the Flathead Regional Development Office has made an
Annexation and Zoning Staff Report, No. KA-00-7, on the
annexation/ zoning of the territory dated October 2, 2000,
and
WHEREAS, on November 6th, 1995, the City Council adopted, pursuant
to Section 7-2-4305, MCA, an Extension of Services Plan
which anticipates development of City services for
approximately five years in the future, and
WHEREAS, the City has caused to be developed an "Extension of
Services Plan, Glacier Village Greens Annexation Area,"
attached hereto as Exhibit "B" and thereby made a part
hereof, specifically describing the manner in which
municipal services are, or will be, delivered to the area
annexed, and
WHEREAS, said "Extension of Services Plan" provides for financing
the municipal services and maintenance of existing
services by utilizing funds allocated and expended
pursuant to the annual City budget without incurring
additional bonded indebtedness, and
WHEREAS, by the terms of a certain DECLARATIONS OF COVENANTS,
CONDITIONS, AND RESTRICTIONS, GLACIER VILLAGE GREENS
SUBDIVISION PHASE II AND HOMEOWNERS ASSOCIATION INC.,
dated 27th day of October, 1988; Reception # 9126210270,
Records of Flathead County, Montana:
ANNEXATION: . . Declarant has executed a
waiver of the right to protest annexation into
the City of Kalispell and this subdivision is
subject to annexation by said City.
WHEREAS, by the terms of a certain DECLARATIONS OF COVENANTS,
CONDITIONS, AND RESTRICTIONS, GLACIER VILLAGE GREENS
SUBDIVISION PHASE III AND HOMEOWNERS ASSOCIATION INC.,
dated ist day of May, 1992; Reception # 9217711220,
Records of Flathead County, Montana:
ANNEXATION: Declarant has executed a waiver of
the right to protest annexation to the City of
Kalispell in accordance with the 1982 North
Valley Sewer District connection agreement and
this subdivision is subject to annexation by
said city, and is further subject to other
provisions of said agreement.
WHEREAS, by the terms of a certain DECLARATIONS OF COVENANTS,
CONDITIONS, AND RESTRICTIONS, GLACIER VILLAGE GREENS
SUBDIVISION PHASE IIIA, IV, V, VIII, IX, and X AND
HOMEOWNERS ASSOCIATION INC., dated 30th day of September,
1992, loth day of November, 1993; loth day of April,
1996, 21st day of November, 1997, loth day of April,
1996, 23rd day of March, 1999, and 23rd day of March,
1999, respectively, Reception #`s 9229614460, 9333412410,
9614213470, 9614213480, 199913714210, 200007412260,
respectively, Records of Flathead County, Montana:
ANNEXATION: Declarant has executed a waiver of
the right to protest annexation to the City of
Kalispell in accordance with the 1982 North
Valley Sewer District connection agreement and
this subdivision is subject to annexation by
said city, and is further subject to other
provisions of said Agreement, including
provisions 10, 11, 17 and 18.
WHEREAS, by the terms of a certain Agreement dated the day of
1982, the North Village Sewer District, a
Rural Improvement District, (Village County Sewer
District) did:
"waive the right to protest annexation to the
City of Kalispell, on all or any part of the
District, provided, however, that the City
Page 2 of 5
shall not initiate annexation procedures under
Section 7-2-4312 until development with the
portion to be annexed reaches 80W of the
approved plan development of the area to be
annexed."
WHEREAS, further, by the terms of a certain Agreement dated the
day of 1982, the North Village Sewer
District, a Rural Improvement District, (Village County
Sewer District):
18. No owner of any parcel of land within the District
shall be allowed to hook-up to, or to contribute to the
flow of the sewer main connected to the City's Sewerage
Treatment System unless and until said owner has
furnished to the City a waiver of the right to protest
annexation to the City . . .
WHEREAS, the portions of Glacier Village Greens herein annexed
have been developed in that the various Phases have
received Final Plat approval, all improvements are in
place, and sewer service is available to all lots, and
WHEREAS, the subdividers of Glacier Village Greens Phases I, II,
IIIA, IV, and IX, as a condition of, and at the time of
filing, Final Plat, executed and recorded a Consent to
Annex Agreement recorded at reception #'s 8831909170,
9126210260, 9229614450, 9333412410, 199913714210,
respectively, and
WHEREAS, the subdividers of Glacier Village Greens Phase X, as a
condition of, and at the time of filing, Final Plat,
executed a Consent to Annex Agreement, and
WHEREAS, the subdividers of Glacier Village Greens Phase IX as a
condition of, and at the time of filing, Final Plat,
executed and recorded a Petition For Annexation to City
recorded at reception # 199913714210, and
WHEREAS, the subdividers of Glacier Village Greens Phase X, as a
condition of, and at the time of filing, Final Plat,
executed a Petition for Annexation to City, and
Page 3 of 5
WHEREAS, there are less than 300 recorded parcels of land within
the area to be annexed, and
WHEREAS, there are 395 real property owners within the area to be
annexed, and
WHEREAS, the City Clerk received, within the twenty -day comment
period, and forwarded to the City Council for Council
consideration, "Protest/Disapproval" forms from 254 real
property owners within the area to be annexed, and
WHEREAS, the Council, after review of all of the "Protest/
Disapproval" forms and other written comments received,
determined that the "Protest/Disapproval" forms received
from all but three ( 3 ) of the property owners are invalid
as subject to Declarations of Covenants, Conditions and
Restrictions, Glacier Village Greens Phases II, ILIA, IV,
V, VIII, IX, and X; the terms of the Agreement between
the North Village County Sewer District and the City of
Kalispell; the Consent to Annex Agreements, executed, and
executed and recorded, by the subdividers; final plat
conditions; and/or the Petition for Annexation to City,
executed, and executed and recorded, by the subdividers,
and
WHEREAS, based upon the foregoing paragraph, the property owners
within Glacier Village Greens have waived their rights to
protest annexation or consented to annexation and the
provisions of Section 7-2-4314 (d) , MCA have not been met,
in that a majority of the landowners in the area to be
annexed have not filed valid written protests, and
WHEREAS, said real property described in Exhibit "A" is included
within and conforms with the Kalispell City -County Master
Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That all of the real property as is more
particularly described in Exhibit "Alf,
attached hereto, shall be annexed to the City
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of Kalispell and the boundaries of the City
are altered to so provide.
SECTION II. Upon the effective date of this Resolution,
the City Clerk is directed to make and
certify, under the seal of the City, a copy of
the record of these proceedings as are entered
on the minutes of the City Council and file
said documents with the Flathead County Clerk
and Recorder.
From and after the date of filing of said
documents as prepared by the City Clerk, or on
the effective date hereof, whichever shall
occur later, said annexed territory is part of
the City of Kalispell and said territory and
its citizens and property shall be to all
debts, laws and ordinances and regulations in
force in the City of Kalispell and shall be
entitled to the same privileges and benefits
as are other parts of the City.
SECTION III. The territory annexed by this Resolution shall
be zoned pursuant to, and in accordance with,
the Kalispell zoning ordinance.
SECTION IV. This Resolution shall become effective on
November 1, 2001.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 16TH DAY OF OCTOBER., 2000.
ATTEST:
eresa White
City Clerk
Page 5 of 5
Wm. E. Boharski
Mayor
Exhibit A
Page I of 4
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SEI/4 & SWI/4 SEC. 32, T.29.N., R.21W., P.M., M., FLATHEAD CO.
MONTANA
AMENDED PLAT
LOT 11, GLACIER VILLAGE GREENS, PHASE I
A
SUBDIVISION
IN THE SEI/4 & SWI/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO.,
MONTANA
LOTS 1, 82 and 83
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SEI/4 & SWI/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE II
A SUBDIVISION
IN THE SEI/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY,
MONTANA
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE SI/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
AMENDED PLAT OF
LOTS 70 & 71
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE SI/2 SEC. 32, T.29N., R 21W., P.M., M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE III A
A SUBDIVISION
IN THE S1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
Exhibit A
Page 2 of 4
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION
IN THE El/2SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO.,
MONTANA
AMENDED PLAT
OF
LOT 127
OF THE PLAT OF
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION IN THE
E1/2SWl/4, SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IV
A SUBDIVISION
IN THE W1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE V
A SUBDIVISION
IN THE NWl/4SEl/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
Homeowner's Park A of Glacier Village Greens, Phase III
Lots 160, 216 and the Homeowner's Park of Glacier
Village Greens, Phase IV
IN THE Wl/2SW1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE VIII
A SUBDIVISION
IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
Exhibit A
Page 3 of 4
AMENDED PLAT OF
LOTS 1 &2
GLACIER VILLAGE GREENS, Phase VIII
A SUBDIVISION
IN THE NWl/4SE1/4 SEC. 32., T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE Wl/2SE1/4 SEC. 32, T.29N., R.21W., PM.,M.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE W 1 /2SE 1 /4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE X
A SUBDIVISION
IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE WEST HALF OF THE
SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST
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 northwest corner of Section 5, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana; Thence along the north boundary of said Section 5,
N89055'09"E 30.00 feet to a set iron pin on the easterly R/W of a 60 foot county road known
as Whitefish Stage Road, which is THE TRUE POINT OF BEGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W N00°03'08"W
1146.61 feet to a found iron pin; Thence leaving said R/W N89°59'45"E 213.61 feet to a
found iron pin; Thence N01 °24'27"W 207.48 feet to a found iron pin; Thence S89°5559"W
10.00 feet to a found iron pin; Thence NO2°24'36"E 411.97 feet to a found iron pin; Thence
N20008'33"E 100.12 feet to a found iron pin; Thence N18°30'04"E 223.97 feet to a set iron
Exhibit A
Page 4 of 4
pin; Thence N79°37'27"E 71.92 feet to a found iron pin; Thence S 17' 13'41 "W 261.53 feet
to a found iron pin; Thence S02°42'43"W 225.00 feet to a found iron pin; Thence
S01047'43"W 235.46 feet to a found iron pin; Thence S03°46'45"E 138.54 feet to a found
iron pin; Thence S21 ° 10'50"E 104.45 feet to a found iron pin; Thence S4502825"E 169.53
feet to a found iron pin; Thence S40°10'29"E 138.50 feet to a found iron pin; Thence
S70042'43"E 137.36 feet to a found iron pin; Thence S44°24'19"E 294.91 feet to a found
iron pin; thence S25°07'53"E 185.26 feet to a found iron pin; Thence S28032'15"E 216.19
feet to a found iron pin; Thence S89054'39"W 370.00 feet to a set iron pin; Thence
S00005'20"E 299.48 feet to a set iron pin on the north boundary of said Section 5; Thence
along said boundary S89055'09"W 701.12 feet to the point of beginning and containing
21.606 ACRES; Subject to and together with all appurtenant easements of record.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:
Commencing at the northwest comer of Section 5, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana, which is a found brass cap; Thence along the north
boundary of said Section 5, S89°57'38"E 30.00 feet to a found iron pin on the easterly R/W
of a 60 foot county road known as Whitefish Stage Road and THE TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; Thence along said
easterly R/W N00°03'08"W 572.39 feet to a set iron pin; Thence leaving said R/W
N89057'00"E 237.55 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave
southwesterly, having a central angle of45°03'00"; Thence along an arc length of 141.53 feet
to a set iron pin; Thence S45000'00"E 241.23 feet to a set iron pin and the P.C. of a 180.00
foot radius curve, concave southwesterly, having a central angle of 44'53' 10"; Thence along
an arc length of 141.01 feet to a set iron pin; Thence S00°06'50"E 222.78 feet to a set iron
pin on the northerly R/W of a 60 foot county road known as West Evergreen Drive and the
north boundary of Section 5; Thence along said R/W and along said north boundary
N89057'38"W 588.20 feet to the point of beginning and containing 6.826 ACRES; Subject
to and together with all appurtenant easements of record.