DNRC Memorandum of UnderstandingIREEMORANDrM OF UbMERSTANDING
This Memorandum of Understanding di s entered into this ft day f
f
and. between the M Department l
Re�ou.rces and Conservaticn rmatte ` Flathead County and
the i t. of xali'qpell
WhEREAS, Sect,
ion 36
Township 29N., Range 22W., PMM, Plathead
CouTity, monrana was deeded to the State of Montaxis and Iv held in.
trust as School Truss Land and is administered by DN ;
li. f DNRC may, in the future, -A-
,permi
rmSection 36 thereinafter Section ;
WHEREAS, DNRC prepared a neighborhood plan for Section 36 which
waa adopted as an kmendment to the Klispell City -county master Plan
by the Board of Commissioners of Flathead County on May 201 193� by
RsoTj 790-0 and the City Council of Kalispell CC June 7o 1999 by
Resolution BO ;
iiRE,, DNRC desires to seek adoption olff zoning regulations
h help implement the adopted neighborhood plans
WHEREAS r DNRC seeks to permit development of the property in
accordaace to the adopted plan and p..-iated zoninqt
Wwill subject t local i"on regulations;
WHERFAnj !)NRC L5 al3o F-mbJect to the provi5ions of the M ont a ria
:ia Policy Act I -
EA , DNRC Is obligated iinder Lhe Enabling Act and the
mon
,,,.ana Sate Constitution to acquire the 1 a 4- d value or
fair Tnarket value of layids to the school trusts,
WEASr the costs Of providing government serviceB to the
subsecr property will be evaluated concur- with ,=exert son
procedures that require an extenaica cz' 5ervicea plan a,%d all other
i �equlations pertalniiigdevelopment;
WREREAS, the City of Kalispell i "iway compelled to annex
p-11-.operty should the estimated revenue from taxes or other sources
e d f rom d-evelopment of the property be 1risuf f i dent to pay for
the -required per;
WHEREAS, DNRC was directed = septe�er 20, 1999 by the Board
.d Commipsioners to prepare an MOTJ addreseinsthe i of
planning, n i , subdivision review and MEPAr
Page 1 Of 2
Nowt TH4REFORR IT IS HER8BY AGREEDTHAT-.
nzy pro'Do d .1Sec�ion .1.6 involving a change
of use or diin of larid sha-11-1 be sulDject to review under
local plaza-i, z, and subdivision regulations.- and
( any proposed lease on Sectlwi 36 involving a change
of use or division of land shall be subject to the
apnropriate MEPA Teview and asnalyals, in conjunctlanwith
the local application a -view process: a -a
3 IF N C will remAre May lessee of any property on
Sectionto usqree tp pay as due all real and
property taxes iTicluding beneficial use taxes assessed
against Lbe lease property and lessee's personal property
and equipment �1.nstalled and located upon the leaned
property, in addition to any special ansessmenta that might
be Cappartioned to theproperty. DNRC, underf3tanda and
k r �, as owner of the said Section 36, that private
use of sa,,.-d Property Is oubject"beneficial n tax
and provided iii sect. ozi 15-24-1201, et Sec . ; and
(4) DNRC will rewire any mv.,yalcipali extended
Lat and ary � timprovementF installed within$
s a . d .' t n d and 'Installed icompliance
With the r Kalispell Staiidards for I)esign and
constructjon6
DatedOn-isClay o �#
By.
tubers W . Watiie
rMall
Board of Commissioners
Flathead C01.111ty
. B . Boharski
C.ity Of Kalltpell
t
Arthur "Bu4;;"61inch
1)irectoT. Department
Natural Resources and
Conservation
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