1. Resolution 4432 - Resolution of Intent to Annex State LandOCT 19 19%
Montana Department 2701 Prospect avenue
of Transportation PO Box 201001
Helena MT 59620-1001
October 15, 1998
William Boharski, Mayor
City of Kalispell
City Hall
P.O. Box 1997
Kalispell, MT 59903
Re: Annexation/MDT Maintenance Site
Dear Mayor Boharski:
Marc Racicot. Governor
Legal Services Unit
Telephone: (406) 444-6090
Fax: (406) 444-7206
VIA FAX: (406) 758-7758
Enclosed is the original request for annexation of a parcel of land owned by the Department.
A fax copy was previously provided to the City.
Please have the City Clerk provide the Department a copy of the resolution adopted pursuant
to the request.
, Chief Counsel
Legal
Enclosure
An EqualODDD,-,vty EmP/oye-
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PETITION NO.
BEFORE THE CITY COUNCIL
OF THE
CITY OF KALISPELL
REQUEST FOR ANNEXATION TO CITY
COMES NOW the undersigned on behalf of the State of Montana, Department of
Transportation, and respectfully requests the City Council of the City of Kalispell requesting city
annexation of the real property described in the attached Exhibit A into the City of Kalispell. This
request is made in accordance with Title 7, chapter 2, part 44, MCA.
DATED this day of , 1998.
STATE OF MONTANA
DEPARTMENT OF TRANSPORTATION
MARVIN DYE, Director
By.
MO Tr -
AREA ON, Chief Counsel
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE
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Project No.:
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remises, releases and rurever quitclaints unto
�.i State of Montana
Department of Transportation
2701 Prospect Arenue
C Hclena, MT 59620-1001
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RESOLUTION NO. 4432
A RESOLUTION OF INTENTION TO ANNEX CERTAIN REAL PROPERTY TO THE
CITY OF KALISPELL, SAID TERRITORY BEING APPROXIMATELY 8.8 ACRES AND
DESCRIBED AS PARCEL 2, OF CERTIFICATE OF SURVEY NO. 12230, SITUATED
IN U.S. GOVERNMENT TOTS 1 & 2, SECTION 31, TOWNSHIP 29 NORTH, RANGE
21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE DESCRIBED AS THE
STATE SHOP ADDITION NO. 286, TO FIX A DATE OF PUBLIC HEARING
THEREON, AND TO PROVIDE FOR DUE AND PROPER NOTICE OF SAID
ANNEXATION.
WHEREAS, the City of Kalispell has received a request from Timothy
W. Readon, Chief Counsel for the Montana Department of
Transportation, the owners of the certain real property;
described as Parcel 2 of Certificate of Survey No. 12230
situated in U.S. Government Lots 1 and 2, Section 31,
Township 29 North, Range 21 West, P.M.M., Flathead
County, Montana; requesting annexation of said territory -
into the City of Kalispell, and
WHEREAS, in the judgement of the City Council of the City of
Kalispell, Montana, it is in the best interest of the
City and its inhabitants thereof that said property be
considered for annexation to the City, and
n WHEREAS, on November 6, 1995,*the'eity-Council adopted pursuant to
Section 7-2-4732, MCA, an Extension of Services Plan
which anticipated the development of City services for
approximately five (5) years in the future, and
WHEREAS, the Flathead Regional Development Office Staff Report
#KA-97-5 indicated that sewer, water, and roads are
available at developer expense, and fire and police
service can be provided to the area, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a public hearing on August 11, 1998, and
recommended zoning the property in accordance with the
amended FRDO Report and Chapter 27.21 (Planned Unit
Development) Kalispell Zoning Ordinance, and
WHEREAS, the City Council intends that said territory, if annexed,
shall be zoned in accordance with the recommendations of
the Kalispell City -County Planning Board and Zoning
Commission, and
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WHEREAS, the City of Kalispell desires to annex the property to
the City of Kalispell under the provisions of Title 7,
Chapter 2, Part 44, Montana Code Annotated.
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 real property described
as Parcel 2 of Certificate of Survey No. 12230
situated in U.S. Government Lots 1 and 2,
Section 31, Township 29 North, Range 21 West,
P.M.M., Flathead County, Montana be embraced
within the corporate limits of the City and
that the boundaries of said City be extended
to include the same.
SECTION II. That it is further the intention of the City
that the property, upon annexation, be zoned
as recommended by the Kalispell City -County
Planning Board and Zoning Commission.
SECTION III. That the Clerk of Council of the City shall
give immediate notice of the passage of this
Resolution, by publication in the Daily Inter
Lake, one each week for two (2) successive
weeks.
SECTION IV. That the notice herein ordered published shall
state that this Resolution has been duly and
regularly passed and that for a period of
twenty (20) days after the first publication
said Clerk will receive expressions of
approval and disapproval, in writing, from any
persons or things related to the proposed
annexation.
SECTION V. That at the next regularly scheduled meeting
of the City Council after the expiration of
twenty (20) days under Section IV, supra, the
Clerk shall lay before the Council all
communications in writing received by her for
said Council's consideration.
SECTION VI. That if after consideration, the Council
determines it to be in the best interest of
the municipality and its inhabitants to annex
the land, it shall adopt a Resolution of
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E
Annexation of the land, said Resolution to
become effective thirty (30) days after its
passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF OCTOBER, 1998.
Wm. E. Boharski - Mayor
Attest:
Theresa White
Clerk of Council
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