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15. Anderson Boundary Line AdjustmentTO: Al Thelen, Interim City Manager FROM: Michael__Baker.,-Direct - P-arkar-&=-Recreation _ DATE ... _ April. 29;-. n99_,. RE: Anderson Property Boundary Adjustment Dear Al, The past month I have met several times with Don Anderson and engineers to work out a viable proposal for boundary line adjustment at Woodland Park. Enclosed is a letter from Don Anderson with a topographic map and legal description describing the proposal. Upon reviewing Mr. Anderson's proposal, it is my opinion this is a fair and equitable proposal for the City. It solves a number.-o-f- complex issues with our_North boundary to Woodland Pam nc�Lud rzg-.safety, ztabzlization-.Lo£ tie-hil-lside:,- - preaeTsvat on- tt a..-greenbalt;.. enhancement�o,f_-_scen..c= v s.tas,- and = The 1.087 acres is primarily hill -side -- a park perspective. The majority of trees are to be preserved and protected with an agreement to replace any that die back. The proposal will clean up the liability issue with bank stabilization and safety. Encroachment, trespass and security will be improved with the perimeter fence. I feel Mr. Anderson's proposal will enhance the undeveloped Northern boundary of Woodland Park at virtually no cost to the City of Kalispell. If further information is needed, please contact me. Thanks for consideration of this issue. MB/dlw --a. .,*064- ,ff;; .z AM-N w P.O. Box 67 — Kalispell, MT 59903-0067 16 Woodland Park Dr. — Kalispell, MT 59901 April 29, 1999 City of Kalispell - City Council P.O. Box 1997 Kalispell, MT 59901 (406) 755-2497 Fax: (406) 756-6706 RE: Proposal for boundary line adjustments on tract `a' (description attached) in exchange for certain improvements. Dear City Councilmen: We are pleased to present the follow-up to our workshop in mid January in which we offered a proposal to improve safety, stabilize the clay banks and secure the east side of Woodland park. This would be in exchange for the property boundary adjustment. Everyone at this workshop was positive and felt it was good for everyone involved You asked a committee of City personnel and Anderson Masonry to look at this issue and come back with an agreement on the boundary adjustment, survey, topography map, and a proposal on the plantings, fencing and other improvements. These improvements would be completed over a three-year period The attachments show the topography of the hillside with the proposed new grading topography, as well as the boundary line adjustment and legal description. The following is the proposal of improvements to be done. o Anderson's will excavate and remove approximately 17,500 cubic yards as shown on the map. We will regrade from a point midway along the north boundary of lot 30c, to the south intersection of the east boundary of lot 30c to the southwest comer of lot 30-30. Then excavate to the west to tie in with the existing slope on lot 30c. All regrading to be clone to a minimum of a 1 %S to 1 slope. o All excavated areas to be covered with a minimum of 4" topsoil and replanted with a dryland grass mix to match surrounding vegetation. This shall inches planting a minimum of thirty conifer trees, thirty to fifty deciduous and conifer shrubs, and irrigation for a minimum period of thirty days to assure establishment of grass, shrubs and trees. Newly planted trees shall not obstruct scenic views from the park The bottom 1/3 of the slope may be armored with a shale riprap underlain with fabric. o The adjusted property line as stated would be feed with a six-foot chain link fence to secure that boundary. The fence will be constructed as agreed upon by the City and Anderson Masonry. The fence will be situated in such a way that it will not create a visual impact to the park o The remaining trees on the steep slope to the west of the new excavation must be maintained as they are by Anderson's. If any tree dies or are removed they must be replaced on a one for one basis with twelve to fourteen foot trees. These would be planed along the north boundary of lot 30c to provide a natural screen. o We will petition for the proper zoning upon issuance of the deed. o The deed shall be transferred upon completion of required improvements. City of Kalispell -City Council April 29, 1999 Page 2 We submit this proposal in the spirit of a benefit to both the City of Kalispell, and to as and respectfully request that you vote in favor of it. Sincerely, Don J. Anderson Enclosures (2) cc: Glen Neier Mike Baker Bruce Lutz Bud Anderson Mayor Boharski (Cityprol.doc) r I" r. Z J', - i r "-I Y L — aJ M 1,* = i - U C, 11 D I :, J G J r. ✓_, - DESCRIPTION: PARCEL "A►► A tract of land in the NE1/4 SW1/4 and in the NWI/4 SE1/4 of Section 8, Township 26 North, Range 21 West, P.N.,M., Flathead County, Montana, described as followa: Commencing at the south quarter corner of said Section 8; thence N00'24Ill IIW 2000.20 feet along the east boundary of the SWI/4 of said Section 8 to a found 5/8 inch rebar and cap being a corner of Tract "i" as shown and described on Certificate of Surrey No.13289, records of Flathead County, said corner being the TRUE POINT OF BEGINNING of the tract of land herein described; thence N14*13117"W 100.48 feet; thence N05°2410611E 112.73 feet; thence N5711361401,N 410.97 feet to a point on the southeast right-of-way of the Burlington Northern Rail Road; thence N30°29'27"E 89.11 feet along said right -of --way to the southwest corner of Parcel 11311 as shown and described on Deed Exhibit No.683, records of Flathead County; thence along the southerly boundaries of Parcels 113" and 1141, of said need Exhibit No.683 the following four courses: 838'42107"E 111.93 .feet; 359°12►32"E 1.89.45; feet;; '877°06'S4"E 137.54 feet; N72019135"E 70.93 feet to a point on the West: right-of-way of a county road known as Woodland Park Drive as shown as Tract ►'1" on said Certificate of Survey No.13289; thence southerly along said right-of-way the following two courses: S30026' 05119 43.93 feet; S33054 ► 49►'W 52.38 feet; thence S341>441051,w 181..54 feet; thence 9100421001IN 45.00 feet; thence S00°2411111E 38.35 feet to the point of beginning containing 1.087 acres more or loss, being subject to and together with all appurtenant easements of record. Post -It' brand fax transmittal memo 70 of pages y To L"-"Jfz.From I7 Cc Co. oept. -- tf�one M lY4*1 r. oar ns d.lv ,/rw-wIH �a.w w�evn )n1Y111M Iwo NI{IO-�IJ > \T , WGS LM OIKLVMN't I.nVItIT .RUCi LNZ IU,YR nITI • MAl10I ilAf l.IRI\B r }p.00.wFI/1 XAF NOt- 11No Durlad ul,/: t,e, 1.,- 2,R.s,. of le,rinja per CG o 13289 3: B— of elevation, per City cf Kei,epell ]reverse point •3697. e/ev -2925 43 HE, / / j t TOUT; / / PARCEL "A " C. O. S . 7477 / � v / TR4CT 30H [CLACK BEAR REVEL.) PARCEL _ " R.E. 683 r` F lD LEGEND .ou nd 314' Pipe 5 Cep r2311 1 or ., noted • Found 5/8' R,b,r L Cap 1512E 31 0 F,r rre, ld;,n„ler a, noted. Fe— ..,ne 6GALE I'-30' b6.NID. �>.Imtu Fipe New F�ropJ- Me ............ �.;••e..ua� r,....r.�,� •�� — WOODLAND PARK Nee— �ii:'i%iii:i t..v.a.............. . Grading Plan Anderson Masonry , •e ' ••• N. , zz X15-7*OFO I I f 1 I I 1 1 1 1 i 1 1 1 I 1 1 / MEMORANDUM April 29, 1999 N To: Al Thelen, Interim City Manager From: Jim Hansz, Director of Public ork Subject: Agenda Item, Anderson Land Exchange, Woodland Park Drive Approximately one year ago the County Road Superintendent proposed to the City that Woodland Park Drive from Conrad Drive to US Highway 2 be annexed and maintained by the City of Kalispell. At the time, it was believed that the additional right of way afforded by annexation of Woodland Park Drive would be necessary to facilitate City Park Department plans in the area. The agreement for land exchange between the City and Anderson has made the annexation of Woodland Park Drive unnecessary. In my opinion, there are several issues of maintenance and safety that would accompany the annexation of Woodland Park Drive. These will add cost to the City's operations without a significant benefit. Therefore, I do not see a compelling reason to recommend this annexation to the City Council at this time. Future annexations of properties on the east side of Woodland Park Drive could alter this recommendation. Oil