Loading...
4. Resolution 5290 - Resolution of Intent & Call for PH - De-Annexation - Lorna WilsonPlanning Department 201 1" Avenue East Ka lspel , MT" 59901 Phone: (40 6) 755-7940 Fax: (406) 755-7739 wwvy.ka is ell.eoni1 anning REPORT TO. Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner James H. Patrick, City Manager SUBJECT De -annexation of an approximately 3,441 square foot strip of land FETING DATE: August 4, 2008 BACKGROUND: In October of 2003 the city council approved an annexation, initial zoning and subdivision request for the River Glen Subdivision. This 3.4 acre subdivision is located on the east side of woodland Drive immediately south of Quincy Loop. The legal description attached with the annexation and initial zoning request stated that the property to be annexed included all of lot 26 and a portion of lot 25, Greenacres Subdivision, block 1. Unfortunately, six months earlier the property owners of lots 25 and 26 recorded a boundary line adjustment between the two lots. As part of this boun.daiy line adjustment a former 10-foot wide by 326-foot long portion of lot 26 was now included in lot 25 (now designated lot 25A). This long rectangular strip encompassing approximately 3,441 square feet was then incorrectly included in the legal description for the River Glen Subdivision's annexation. Lorna Wilson, owner of lot 25A, is still outside of city limits, however, is paying city taxes in addition to state and county taxes on. the 3,441 square foot area due to the incorrect legal description.. Ms. Wilson has formally requested that the 3,441 square foot portion of her property within city limits be de --annexed as it was never intended to be included in the River Glen Subdivision's annexation. A copy of the legal description of the River Glen Subdivision, the amended plat of lots 25 and 26 of Greenacres and legal description of the area to be de -annexed are attached. Pursuant to title 7, chapter 2, part 48 of Montana Code Annotated, the city council must pass a resolution of intent to de --annex the land from the city limits and publish a notice in the paper calling for a public rearing. RECOMMENDATION., A motion to approve the resolution of intent to de -annex said property and setting the public hearing to act on the de -annexation would be in order. FISCAL EFFECTS: Minor. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Sean Conrad Senior Planner Report compiled: Duly 23, 2008 c: Theresa White, Kalispell City Clerk awes H. Patrick City Manager -RESOLUTION NO.5290 A. RESOLUTION OF IN'T`ENTION TO EXCLUDE CERTAIN 'T'ER.R.ITORY FROM THE CITY OF KA.LISPELL,UNDER THE PROVISIONS OF TITLE 7, PART 48, M. C.A. (EXCLUSION OF LAND), COMPRISING .A. TRACT OF LAND MORE PARTICULARLY DESCRIBED IN EXHIBIT "All, DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW, AND SETTING A PUBLIC HEARING. WHEREAS, on October 6, 2003, the City Council of the City of Kalispell, Montana, approved Resolution 4836, which annexed certain real property located on the east side of South woodland Drive, south of Quincy Loop, and WHEREAS, Lorna M. Wilson, the owner of a portion of the real property annexed, petitioned the City of Kalispell to exclude that portion of the annexation which was incorrectly included in Resolution 4836 and is more particularly described in Exhibit "A", and WHEREAS, the City of Kalispell desires to exclude the property from the City limits under the provisions of Title 7, Part 48 of the Montana Code Annotated (Exclusion of Land), and WHEREAS, the Kalispell City Council finds that the petition to exclude the property was signed by a qualified elector, that the territory is within and on the border of the corporate limits, and the granting of the petition is in the best interest of the City of Kalispell and its inhabitants and will not materially rear the symmetry of the City of Kalispell, and WHEREAS, the Kalispell City Council shall on the 2nd day of September, 2008, hold a Public Nearing, pursuant to MCA 7-2-4314, to hear all persons and things relative to the proposed exclusion of the territory described in Exhibit "A" in accordance with the Kalispell Zoning ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALIS PELL, AS FOLLOWS: SECTION I. That it is the intention of the City of Kalispell that certain territory described in Exhibit "A" be excluded from the corporate limits of the City and the boundaries of the City be so altered so as to exclude the same. SECTION II. That a public hearing shall be held to hear all persons and things relative to the proposed exclusion of the territory described in Exhibit "A" at 7:00 pm on the 2nd day of September, 2008 in the Council Chambers, Kalispell City Hall, 201 First Avenue Bast, Kalispell, MT. SECTION III. The City Clerk shall immediately notify, in writing, all registered voters in the territory to be excluded and publish a notice in the Daily Inter Lake, a daily newspaper published at Kalispell, Montana, of this Resolution of Intention pursuant to 7- 1-4127 MCA, said notice also stating the time and place set for the public hearing on the proposed exclusion. SECTION I'Vr. The city Council, after considering all of the evidence, may adopt a resolution approving the exclusion and the boundaries of the City shall thereby be altered to exclude the property described in Exhibit "A" PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF I A.LISPELL, THIS 4TPI DAY of AUGUST, 2008. ATTEST: Theresa White City Clerk EXHIBIT "A"' Pamela B. Kennedy Mayor A tract of land, situate, lying and being in the SE 1 /4 SE 114 of Section 17, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the Northwest corner of Lot 25A of the Amended Plat of Lots 25 and 26, Block 1, of Greenacres, a neap or plat on file and of record in the office of the Flathead County Clerk and Recorder; thence S 8 9 ° 17' 5 8" E, along the north line of said Lot 25A, 326.25 feet to the Northeast corner of said Lot 25A; thence S 00°04'33" E, along the east line of said Lot 25A, 10.47 feet to a point; thence N 89° 18' 38" w, 326.25 feet to a point on the west line of said Lot 25A; thence N 00004' 33" w, along the west line of said Lot 25A, 10.53 feet to the point of beginning. Containing 0.079 acres of land more or less. IkD E C E ti'j V E JUN 03 2008 0 KALISPELL -Sean Conrad, Planner 0 Y%.alispell Plannmg Office 20 East K Ime alispell, Mt. 59903 Please s.c ,yam;► accept ' " -r request Lot survey f provide " a a licensed surveyor. Thank you. B= IL701L So. Woodland Kalispell, Mt. 59901 1, or Dan Wilson F:�x call J. Johnson -Any questions, please d: either South Woodland Dr. SOOV4'33T 174.30'(f) 174.Re'(R) SQo"I8'IOT 15325'(f) 153.1e'(R) ch to � O �. 4 G'� It Oka t m LEGAL DESCRIPTION A Tract of land, situate, lying and being in the SE 114 SE 114 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the Northwest corner of Lot 25A of the Amended Plat of Lots 25 and 26, Block I. of Greenacres, a map or plat on file and of record in the office of the Flathead County Clerk and Recorder; thence S 8 9' 17' 5 8" E, along the north line of said Lot 25A, 326.25 feet to the Northeast corner of said Lot 25A; thence S 00°04'33" E, along the east line of said Lot 25A, 10.47 feet to a point; thence N 89'18'38" W, 326.25 feet to a point on the west line of said Lot 25A; thence N 00°04'33" W, along the west line of said Lot 25A5 10.53 feet to the point of beginning. Containing 0.079 acres of land more or less ECEOVE 11 JUL 16 2008 KAUSPELL PLANNING 0-/r Oc 7JJ-o7 Wilson.doc �J C❑ W i C w r ° yt�a ca �g►u +U Q~�°�°� V Cti kp��{j 4 L C� % y y Chat O p �$p cooa�co ° o eG4 L E 0z eL, a as o C q• co GRSa-bE to � o3�q-�'•`o�i v y'4H ��N��4 0w � 4DcYiYpm..k� qr� ���CdC �� � �acwej�•C>�.'�y. e� 4� �VII ��yC7'�o � tiyt4r�`ts m (469'"1 Wn-ssr (a1, rscyr W.sz r9f A.sr.svooN C7 — /(.0,96,6sr x.az01.00N 5" ❑ O fi o u F v � O N ! L a7 � �1 O h � 4 �p V LN J� � Y Iw � � w I3 p 4 f r a i av� vV91 U},sx-egr 3,04.atAos If Cb3.ganI u)..os•rcr .7 sc.toms -jd PUIPdPOOA WnOs PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR. OF THE CITY OF KALISPELL., THIS 6TH DAY OF OC2003. Pamela B. .enn �7- .mayor ATTEST; r Theresa ate City Clerk EXHIBIT "A" RIVER GLEN SUBDIVISION All of Lot 26, that portion of the South Woodland R/W immediately abutting Lot 26 and a portion of Lot 25 all in Block one Green Acres Subdivision located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The portion of Lot 25 is further described as follows: Commencing at the southeast corner of said Lot 25, indicated by a found re -bar and which point is the true point of beginning; thence N89118 "34"W, on and along the south boundary of said Lot 25, a distance of 300" to a set re -bar; thence NOOO 06 " 47"'W on and along the set east boundary, a distance of 172.24" to a set re -bar; thence S89'18'34'}E on and along the former boundary, a distance of300' to a set re -bar; thence S00106'46"E on and along the east boundary of said Lot 25 a distance of 163.8 1' to the true point of beginning.