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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- T 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 r I s i Project I.D.: Project No.: 95163 C. 9'//C rack and Company 2155 1 lighway 93 North Kalispell, MT 5T)OI Varccl No.: ►►unty: Flatl•cad r: Quit Claim Deed Know All By These Presents: ! Park soul Cc+mtru+�• ir. considcratioi► of the sun► of One U++II:u (S {.tl(h ►►rnl c+ihcr �+xul t►nd Valuable wonder►►tion now {.aid, the 'eccipt of which i,% a►knowledged, hereby remises, releases and rurever quitclaints unto �.i State of Montana Department of Transportation 2701 Prospect Arenue C Hclena, MT 59620-1001 0�. d� and to its successors, or assigns all the right, title, claim and ill, crest of Pack and Company f to and to the following-dcscrihcd rea! property: z NoororioT ° NOororio £ No0ro77o'£ S ^ 'Dv a n _ N � o y gv U1 �� r prn cl � OO O O Noororin� C ^I � O 3 i N o Z�CA �_ 74 + E b r N0075 34 f 2651.52' �� U Easterly line U.S. Huey No. 93 Right —of —fray 26�03' Z. ' \ o n 375.02" / 64agr _ t/ �f\ 640.87' �}4Sob So{pp M •�b EO < t0 h Q Gi n ai m i p N iD Q 0 m a cOy to i ib $ �o C) u c ^ �- . p n = v m N O `Y w I Ch •1 , 3 500n5 :30 E r, ro No0?006T 2aoo' + CN V� (J.WD17i ltlT�R,e y 4 N a a 7 0... a t tb tb .S 8 . ,.3 � ��� 4484R € 8�icc�Fsg�• �; eE�� �i�iC_g A, c 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 I:\wp\stateshopintent 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 I:\wp\stateshopintent 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 ,tM,` I:\wp\stateshopintent