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1. Resolution 5373 - Annexation - Wholly Surrounded PropertiesPLANNING FORTHT FLri' RE REPORT TO: Honorable Mayor and City Council FROM: Torn Jentz, Planning Director Myrt Webb, Interim City Manager SUBJECT: Annexation of Wholly Surrounded Property MEETING DATE: July 6, 2009 Planning Department 201 ltt Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planWi.ixg BACKGROUND: Following afire along South Meridian in a home located in the County, but wholly surrounded by the City, the Council directed staff to begin reviewing the potential annexation of wholly surrounded areas. Over the course of the last two years, a number of properties and small portions of properties which have historically been shown as being in the City were determined to be out following an internal audit resulting from a new link between GIS data and tax information. The properties were placed in different groups based on issues such as availability of services. The first group, which involved smaller parcels without structures, was annexed last year. The Council reviewed the second grouping at a work session in April, and directed staff to proceed with the annexations. On June 1, the Council adopted a Resolution of Intent to Annex and set a public hearing for July 6. Property owners, which previously had received an informal notification, received a formal notice of the hearing and an opportunity to submit written comments. No comments have yet been received. The effective date of the annexations is set for October 21. The effective date allows for sufficient time to process the initial zoning for each property in the same manner earlier annexations were accomplished. IDENTIFIIED WHOLLY SURROUNDED AREAS For identification purposes, each of the areas has been assigned a number and shown on the attached maps. They are placed into one of four categories. As mentioned above, last year we annexed several minor tracts of land, portions of lots, and remnant right-of-way pieces (Category "A") revealed to be unincorporated by an audit of annexed lands undertaken by the county GIS department. The second group ("Category B") are wholly surrounded lots/tracts where full municipal services are typically available to the properties. The two remaining categories, which may be addressed at a later date, are "Category C" (Wholly surrounded developed/semi-developed neighborhoods lacking sufficient infrastructure); and "Category D" (Other). This memorandum addresses Category "B" and one of the Category "D" properties. Category "B" — Available Municipal Services Area #8: Tract 6E adjacent to Northview Heights (4.02 acres): This tract became wholly surrounded due to the annexations for Northview Heights and Empire Estates. It contains an older house on a well and septic system. Area #11: Tract 24 near E. California and 5"' Ave EN (0.08 acres): When the neighboring parcel was annexed, the owner at the time (who still owns the property) was contacted in an effort to include this tract as part of the annexation. The owner did, in fact, agree to be part of the annexation. However, Tract 24 was not included in the resolution approved by the Council because the letter appears to have arrived too late. Area #12: Parcels on E. Oregon near 9th Ave EN (0.49 acres): This area contains 2 homes, and became wholly surrounded several years ago when several neighboring lots were annexed. The homes have city utilities. Area #15: Tracts along S Meridian between Center and 2"d St W (3.13 acres): This area, which is located along the west side of S. Meridian, became wholly surrounded in 2003 after the annexation of the Meridian Business Park (Meridian Court) and a portion of Hollisters Meridian Tracts to the west. A fire occurred on the property immediately to the south of this area. There are 4 property owners in the area. The homes have city sewer, but only one is on city water. Area #18: Parcels South of 18th St E (0.09 acres): There are two strips of land approximately 38 ft wide, each owned by an adjacent property owner. Area #19: Tract 5Z; east side of 5"' Ave E (0.12 acres): The fi-ont 150 ft of the lot has a single family home. The rear yard, as is the case with many properties along the east side of 51h Avenue south of 14'h Street, lies outside the city (years ago, the City would annex just the house and front part of a lot if an existing house wanted to hook up to city services). The rear yard became wholly surrounded due to annexations of Willow Glen and Woodland Avenue, and became a separate island due to annexations of two adjoining lots for apartments. The home is on city water and a septic. Area #21: Tract 3F by Leisure Heights (0.54 acres): This tract contains a home which was in existence when Leisure Heights was subdivided and annexed into the City. It is presumably served by a well and septic, although city water and sewer is available. Area #22: Tract 7CEB and Sky Harbor court (1.58 acres): This area contains 3 commercial properties, all under common ownership. G1S shows the property as unimproved and without utilities. City water and sewer service is available to the property. Category "D" - Other Area #9: Rear portion of several properties on the west side of Grandview near Juniper Bend (0.19 acres): This area contains effectively the rear yard of three homes which front on Grandview. The homes have a community water system and septic tanks. City services are available within the Grandview right-of-way. RECOMMENDATION: Staff recommends that the Council adopt the Resolution of Annexation with the effective dates contained therein. ALTERNATIVES: As suggested by the Council. Respectfully submitted, om Jentz Planning Director MOwet Interim City Manager Report compiled ,Tune 29, 2009 Attachments: City Map w/ Wholly Surrounded Areas Vicinity Maps of Each Wholly Surrounded Area Certificate of Mailing • '"iBs I. 1€3 ;: lE'g' E �� 71 i'� " : <;" y�-" :.k 3E= ,..45 k "". :.. 222 25 ......:::."". :fix .:x•. :::..:Ael , ., _ ...... , ......:..........::...........:.:". .�; A..:..:. .... .. .... ..: 22 6 3 HH VW C. UN .. .. . ..........-..4..4...4.L. . . .... . .. -5 1... ;;. 214." ..:,::...::... ....:. :I: •s:::. ::: .�:.. .. :... x E " .3:.... axx i 'tea ..... ...: ?1 +., .: :: •• a...:. <z„-:",a Ig .; 4 ..: ....,P41 :.. ; ? :.. .. ..... 2 HE 14 . ...:.�"...... .. :,. ,..:. 14 .::.:... 12 17 jo r>. r :14 : 13 ' lI'..:.�:.:...,...;:;:: ..:. ...:::..:.. ;':..:.. q€ .44 iaa.:.. 36:: ,,� : ? 2 4, ...... J •.. 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FA' BD 5A B A �ABA A . . .... `33 R A wt/ E PH: ... .... .. .. 7 . . .... .. . . ... ..... ...... . .. ............. . . .. . ..... . . . 5 .:K. rd A" 5 A ILI # 5A 9 BH Elf, 4- 1 3 2 13D BEN 1.2 IIA A 0 -B ............ . ......... 7-ft This tract has always been shown as not being in the city, TRACT 24, ASSR (owns adjacent -0- TRACT 0409100, Tract 7D) N Gounty I OM- k ...... ..... ..... . ..... . . . ... ....... ..... . . ..... ...... Q,- . ..... .... -7 a off OW so W CITY LIMITS Audit performed by Flathead County using tax records codes this property as not be part of the city. 23 c O—-- �? 7_ � v 3 CITY U IT "" .....OVA These properties have :. >::., .............:::.::...:...:.:::..:...:...::..:........:.:.:.:..:.:...:�. ..:::. ::.:::.................. .... ................ ... C �.. � ..'.............::..... �.......":. .....:::...........BIRK ..NO IM lb 44311 SUBDIVISION County B-2 i r.- :F V SURROUNDED OPT ITS APPROXIMATELY .09 ACRES IN SECTION Audit performed by Flathead County using tax records codes this property as not being a part of the city. 1`5 -- '_3 R-4 9 1 GNU Audit perfo=ed by Flathead County using tax records codes this property as not being a part of the city- 1 N N 17 P � This property has always been shown as not being part of the cityn Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO.5373 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITE OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN TRACTS OF LAND, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", AND DECLARING AN EFFECTIVE DATE. WHEREAS, on June 1, 2009, the City Council passed Resolution No. 5371 declaring an intention to annex wholly surrounded tracts of land, which are more particularly described in Exhibit "A", attached hereto and thereby made a part hereof, pursuant to the provisions of Title 7, Part 45 Montana Code Annotated (Annexation of Wholly Surrounded Land); and WHEREAS, notice of the resolution of intent was provided pursuant to MCA 7-2-4312 by publishing such notice on June 21 and June 28, 2009, as provided in MCA 7--1-4127; and WHEREAS, the City Clerk received no "Protest/Disapproval" letters regarding the proposed extension of the boundaries of said City, and WHEREAS, on September 20, 2004, the City Council amended, 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, 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, said real property described in Exhibit "A" is included within and conforms with the Kalispell Growth Policy 2020. 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 "A", attached hereto, shall be annexed to the City of Kalispell and the boundaries of the City shall be 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 October 21, 2009. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF JULY, 2009. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" AREA 8 - TRACT 6E, ASSESSOR# 0439950, DOCUMENT RECORDING NO.199821211550 A parcel of land in the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4) of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Beginning at a point, the accepted Southwest corner of said Section 1; Thence North 67°43'20" East a distance of 1432.19 feet to a point on the Westerly boundary of said Southeast Quarter of the Southwest Quarter, the True Point of Beginning; Thence North 00°57'42" East along the Westerly boundary of said Southeast Quarter of the Southwest Quarter a distance of 318.54 feet to a point; Thence South 87'17' 11" East a distance of 591.69 feet to a point; Thence South 5°36'29" West a distance of 291.75 feet to a point; Thence South 89°59' 16" West a distance of 567.87 feet to the True Point of Beginning. AREA 9 - TRACT 5ABO, ASSESSOR# 0942654, DOCUMENT RECORDING NO. 199834516300 That portion of Lot 13, Section 6, Township 28 North, Range 21 West, Flathead County, Montana, described as follows: Beginning at the Southwest corner of Lot 4, Grand View Addition to Kalispell; then along the West line of Lot 4, North 2°56' 35" East 49.90 feet to the Southeast corner of that parcel described in Book of Deeds 504, Page 193; then along the South line of said parcel South 88°58' 17" West 39.04 feet; then South 3° 16' 32" West 49.79 feet to the Northwest corner of that parcel shown on Certificate of Survey No. 1128; then along the north line of said parcel North 89°09'35" East 39.20 feet to the Point of Beginning. Together with: Assessor# 0834460 - The West portion of Lot A of Grandview Heights Lots 2 & 3 Amd Assessor# 0978227 - The Northwest portion of Lot 2, Stotts Grand View AREA 11- TRACT 24, ASSESSOR# 0409100, TRACT 1A OF CERTIFICATE OF SURVEY NO.7945 A tract of land in the Southwest Quarter of the Northwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Commencing at the northwest corner of said Southwest Quarter of the Northwest Quarter; Thence South 00°48'31" West along the west line of said Southwest Quarter of the Northwest Quarter, 453.52 feet, to the point of beginning of the tract herein described; Thence continuing South 00°48'31" West along the west line of said Southwest Quarter of the Northwest Quarter,154.59 feet to a point on the north R!W line of California Street; thence North 76°49'03" East along the northerly R/W line of California Street, 59.37 feet; thence North 13° 10' S7" West, 96.42 feet; thence North 35030' 11" West, 57.92 feet to the point of beginning and containing 0.1.27 acres of land. AREA 12 - TRACT 30XA AND 30XAAA, ASSESSOR# 0321100, DOC RECORDING NO. 200013616390 A tract of land Southeast Quarter of the Northwest Quarter (SE1/4N I/4) of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast corner of Block B of Duncan's Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, and which point is situated on the continuation in a straight line and in an Easterly direction of the South boundary line of Block B; thence North 13°42'00" West, a distance of 300 feet to the True Point of Beginning of the tract hereby conveyed; thence North 76°18'00" East, a distance of 58 feet: thence South 13°42'00" East, a distance of 150 feet; thence South 76'18'00" West, a distance of 58 feet; thence North 13°42'00" West, a distance of 150 feet to the True Point of Beginning. Together with: Tract 30XAA and 30XC, Assessor# 0656750, Doc Recording No. 200800025017 A tract of land Southeast Quarter of the Northwest Quarter (SEl/4NW1/4) of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast corner of Block B of Duncan's Addition to Kalispell, Montana, and on a line which is the continuation of the southerly line of said Block B; thence North 13 °42'00" West 300 feet; thence North 76°18'00" East 50 feet to the True Point of Beginning; thence North 76°18'00" East 83 feet: thence South 13°42'00" East 150 feet; thence South 76'18'00" West 83 feet; thence North 13°42'00" West 150 feet to the True Point of Beginning. Excepting therefrom: Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast corner of Block B of Duncan's Addition to Kalispell, Montana, and on a line which is the continuation of the southerly line of said Block B; thence North 13°42'00" West 300 feet; thence North 76'18'00" East 50 feet to the True Point of Beginning; thence North 76'18'00" East 8 feet: thence South 13°42'00" East 150 feet; thence South 76'18'00" West 8 feet; thence North 13°42'00" West 150 feet to the True Point of Beginning. AREA 15 Multiple tracts of land in the Northeast Quarter of the Northeast Quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Assessor# 0011421 Doc Recording No. 200603216190; Tract AA of Lot 11, Hollister's Meridian Tracts & Tract AA of Lot 12, Hollister Meridian Tracts Assessor# 0767756 Doc Recording No. 200218312080; The East 132.5 feet of Lots 11 and 12 of Hollister Meridian Tracts, Together with: Tract 11C - A tract of land located in the NE1/4NE1/4 of Section 13, Township 28 North, Range 22 Vilest, P.M.M., Flathead County, Montana, described as follows: Commencing 30.00 feet west and 576.00 feet south of the Northeast corner of said Section 13, being the Place of Beginning for the tract herein described: thence West a distance of 200 feet to a point; thence South a distance of 80.00 feet to a point; thence East paralleling the North boundary line thereof 200 feet of the West boundary of the County Highway; thence North a distance of 80.00 feet along the West boundary of said highway to the Place of Beginning. Assessor# 0624450 Tract 11E, Doc Recording No. 20043031110 A tract of land, situated, lying, and being in the Northeast Quarter of the Northeast Quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Commencing at northeast corner of the Northeast Quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana; thence along the east boundary of said Northeast Quarter, South 01 °09'46" West 663.43 feet; thence North 89°35'41" West 37.00 feet to a set iron pin on the westerly R/W of Meridian Road, which is the True Point of Beginning of the tract of land herein described: Thence along said R/W South 01.°09'46" West 79.94 feet to a set iron pin; thence leaving said R/W North 89' 11'56" West 207.60 feet to a set iron pin; thence North 00° 10'48" west 78.50 feet to a set iron pin; thence South 89°35'41" East 209.45 feet to the point of beginning and containing 0.379 acres. (Tract 1 of Retracernent Certificate of Survey No. 13395) Assessor# 0134950 - The East 188.1 feet of Lot 13 of Hollister Meridian Tracts and Lot 4 of Hollister Meridian Tracts Assessor# 0134900 The East 18 8. 1 feet of Lot 15 of Hollister Meridian Tracts and Tract A of Lot 14 of Hollister Meridian Tracts Assessor# 0019625 - Tract 11DA, Doc Recording No. 200300214450 A tract of land, situated, lying, and being in the Northeast Quarter of the Northeast Quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Beginning at a point 30 feet West of and 816 feet South of the Northwest corner of Section 13; thence West 200 feet; thence South 85 feet; thence East and parallel with the North boundary of said tract herein described, a distance of 200 feet to the West boundary of Meridian Road; thence north along the West boundary of said road, a distance of 85 feet to the Point of Beginning. AREA 18 Assessor# 0036450, (Tract 8NE, excepting the East 150 feet) Document Recording No. 200630413420 A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence North 89°33'00" West, along the north section line 363 feet to a point; thence South 13°21'00" East, 125 feet; thence South 76°39'00" west, a distance of 111.64 feet; thence North. 13°21'00" West, a distance of 152.90 feet, more or less, to the north line of said Section; thence North 89°33' 00" west along the section line, a distance of 56.30 feet to a point, which is 534.50 feet from. the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence South 13°21'00" East, a distance of 213.12 feet to a point; thence North 76°39'00" East, approximately 164 feet to a point; thence North 13°21'00" West, a distance of 50.00 feet to the place of beginning. Excepting therefrom a tract of land described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence North 89°33'00" West, along the north section line 363 feet to a point; thence South 13°21'00" East, 125 feet; thence South 76°39100" West, 111.64 feet to the place of beginning; thence North 13°21'00" West, 152.9 feet, more or Iess to the north line of said Section; thence North 89°33'00" West, along the section line 56.3 feet to a point which is 534.5 feet from the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence South 13°21'00" East, 163.2 feet to a point; thence North 76°39'00" East, approximately 56 feet to the place of beginning. (Tract 8NEA) Further excepting therefrom the East 150 feet of the tract herein described. Assessor# 0707490, (Tract 8NEA, excepting the East 38.36 feet) Document Recording No. 200800021001 A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence North 89°33'00" West, along the north section line 363 feet to a point; thence South 13°21'00" East, 125 feet; thence South 76039'00" West, 111.64 feet to the place of beginning; thence North 13°21'00" West, 152.9 feet, more or less to the north line of said Section; thence North 89°33'00" West, along the section line 56.3 feet to a point which is 534.5 feet from the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence South 13°21'00" East, 163.2 feet to a point; thence North 76°39'00" East, approximately 56 feet to the place of beginning. (Tract 8NEA) Excepting therefrom. the East 38.36 feet of the tract herein described. AREA 19 Assessor# 0431221, (Tract 5Z, excepting the West 150 feet) Document Recording No. 199817715210 A tract of land in the Southeast Quarter of the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at a point 1,098.00 feet Southerly from the Southwest corner of Block 248 of Kalispell Townsite Company's Addition Number 7 to Kalispell, Montana, according to the recorded plat thereof, records of Flathead County, Montana, at which point is on the line which is a southerly continuation of the West line of said Block 248; thence Southerly, and along a line which is the Southerly continuation of the West line of Block 248, a distance of 30.00 feet to a point; thence Easterly at right angles, on a line parallel with the Southerly line of Fourteenth Street, a distance of 389.92 feet, more or less, to the West line of the Southwest Quarter of the Southeast Quarter of said Section; thence North and along the west line of the Southwest Quarter of the Southeast Quarter, a distance of 135.90 feet; thence Westerly, on a line parallel with the South line of Fourteenth Street, a distance of 210.96 feet to the Point of Beginning of the tract to be herein described; thence Southerly and parallel with the westerly line of said Block 248, a distance of t02.00 feet to a point; thence Westerly, a distance of 210.96 feet, more or less to the point aforesaid as being 1,098.00 feet southerly along the Southerly continuation of the West line of said Block 248; thence Northerly, along the Southerly extension of the West line of said Block 248, a distance of 102.00 feet; thence Easterly, and parallel with the South line of Fourteenth Street, a distance of 210.99 feet to the Place of Beginning. Excepting therefrom the West 150 feet of the tract herein described. AREA 21 Assessor# 0779655 - Tract 3F, Document Recording No. 199824316120 A tract of land in the Northwest Quarter of the Northwest Quarter of Section 21, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: Commencing at the southeast corner of NW 1/4NW1/4 of Section 21; thence North Oa10'00" West, and along the easterly boundary line of said NW1/4NW1/4 30.0 feet to a point on the northerly boundary line of Leisure Drive, thence North 45°5 F00" West3 and along the northerly boundary line of Leisure Drive, 348.32 feet to the true point of beginning of the tract of land being described; thence North 45°51'00" West, and along the northerly boundary line of Leisure Drive,100.24 feet to a point; thence North 40°12'00" East 226.43 feet to the center of the Backwater of the Stillwater River; thence South 52°30'00" East, and along the center of said Backwater, 100.13 feet to a point; thence South 40°12'00" West, 238.34 feet to the point of beginning and containing 0.53 acres of land, more or less. AREA 22 — DOCUMENT RECORDING NO.200400216230 Assessor# 0972913 and 0976768 — Parcel B of Certificate of Survey No. 9057, Sky Harbor Court Condo, Units 1 and 2 more particularly described as follows: That portion of the NW1/4SE1/4 of Section 20, township 28 North, Range 21 West, Principal Meridian, Flathead County, Montana, described as follows: Commencing at the most northerly corner of that tract shown as Tract I on Certificate of Survey No. 7123, records of Flathead County, Montana, said corner being on the Southwesterly Right -of -Way line of U.S. Highway No. 93; thence along said Southwesterly Right -of -Way line, South 32°50'29" East, a distance of 101.84 feet to the Point of Beginning of the parcel being described; thence continuing along the Southwesterly Right -of -Way line, South 32050'29" East, a distance of 97.84 feet; thence South 57°06'30" West, a distance of 140.00 feet; thence North 32°47'54' West, a distance of 98.03 feet; thence North 57°10'59" East, a distance of 139.93 feet to the Point of Beginning. Together with: Assessor# 0976769 - Tract 7CEB - 'Tract 1 of Certificate of Survey No. 11304 A tract of land in the NWI/4SE1/4 of Section 20, township 28 North, Range 21 West, Principal Meridian, Flathead County, Montana, more particularly described as follows: Beginning at the most Northerly corner of that tract as shown as Tract I on Certificate of Survey No. 7123, records of Flathead County, said corner being on the Southwesterly Right -of -Way of U.S. Highway No. 93; thence South 32°50'29" east along said RIW 101.74 feet to a found iron pin; thence South 57°07' 1.4" west 139.93 feet to a found iron pin; thence South 32°48' 17" cast 97.99 feet to a found iron pin; thence South 57°06'30" West 58.42 feet to a found iron pin; thence North 32°50'27" West 97.95 feet to a found iron pin; thence South 57°03'48' west 149.33 feet to a found iron pin; thence South 33a05'39" East 97.83 feet to a found nail; thence South 57a06'30" West 212.39 feet to a set iron pin; thence North 32°51' 16" west 100.06 feet to a found iron pin; thence North 57°07'08" East 300.36 feet to a found iron pin; thence North 32°53' 10" west 99.69 feet to a set ion pin; thence North 57°06'30" East 259.44 feet to the Point of Beginning. City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903 Telephone: (406) 758-7756 Fax: (406) 758-7754 CERTIFICATE OF MAILING 1, Theresa White, City Clerk of the City of Kalispell, do hereby certify that copies of the attached: "NOTICE OF INTENT TO ANNEX AND NOTICE OF PUBLIC HEARING" and "RESOLUTION 5371, A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF KALISPELL, UNDER THE PROVISIONS OF TITLE 7, PART 45, M.C.A. (ANNEXATION OF WHOLLY SURROUNDED LAND), COMPRISING TRACTS OF LAND, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW, AND SETTING A PUBLIC HEARING" were mailed first class, postage prepaid, on the 9th day of June, 2009 to the property owners listed below: Mark L. Hensley PO Box 48 Kalispell, MT 59903 Richard & Lorraine Stotts 82 Grandview Drive Kalispell, MT 59901 Donnell & Rebecca Hampton 529 East Oregon Kalispell, MT 59901 Ricky & Susan Oikle 14 South Meridian Road Kalispell, MT 59901 Thomas Price 400 — 4th Avenue So., Ste 701 Lethbridge, Alberta, Canada TU 4E1 Neater Properties 2450 US Highway 93 South Kalispell, MT 59901 Morning Sun Investments PO Box 1243 Lethbridge, Alberta, Canada ALC IB O Loretta J. Johnson 467 E. California Street Kalispell, MT 59901 Ron & Edna Carter 100 South Meridian Road Kalispell, MT 59901 Gary & Ruby Anderson 102 Meridian Road Kalispell, MT 59901 Michael & Donna Delage 1623 Fifth Avenue East Kalispell, MT 59901 SF�� [)oRri_M1 a SEA! a `Lf Y Peter J. & Mary A. Fusaro 88 Grandview Drive Kalispell, MT 59901 Clark Haley PO Box 901 Lakeside, MT 59922 John & Angelique McCrorie PO Box 8942 Kalispell, MT 59904 Norman & Jolene Bjelland PO Box 9050 Kalispell, MT 59904 Barbara June Seelye 415 Leisure Drive Kalispell, MT 59901 1 Theresa White City Clerk !8g2