01. Resolution 5293 - Annexation - Wholly Surrounded PropertiesCharles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, NIT 59903-1997
SUBJECT.
.
IMF'' ING DATE:
0.101 1 IL 11? 1
Mayor Pamela B. Kennedy
and Kalispell City Council
Charles Harball, City Attorney
James H. Patrick, City Manager
Tel 406.758.7977
Fax 406.758.7979
charbalI @kalispel1.com
Resolution No. 5293 — Annexation of wholly Surrounded
Properties
Monday, August 18, 2008 — Regular Council Meeting
BACKGROUND: The City Council previously issued its resolution of intent to annex a
small number of wholly surrounded properties and called for a public hearing. The public
hearing will be held the same evening prior to the presentation of the resolution to annex.
We do not anticipate public comment although the City did receive a letter from. the State
regarding the annexation of its small parcel. This letter did not "protest" the annexation,
but did indicate that the State was not hereby agreeing to the institution of SID costs or
particular zoning. The letter essentially means that the State is not waiving its agency
exemption rights to this parcel.
If the Council determines to annex these properties, the effective date has been placed to
the second meeting in December 2008. By law, the city can not annex property without
applying a zoning designation to the property. This matter will go through the planning
board and hearing process for land use designation before it comes back to the City Council
again for zoning. Staff will coordinate that meeting with the effective date for the
annexation.
RECOMMENDATION: That Council pass Resolution No. 5293 annexing the specifically
designated parcels of wholly surrounded property to become effective in December 2008.
FISCAL EFFECTS: Given the nominal size and minimal usage of the properties subject to
the annexation, the fiscal effects will be minimal.
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H. fairf�e, City Manager
Return to:
Theresa white
City of Kalispell
PO Box 1997
Kalispell, NIT 59903
RESOLUTION NO.5293
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY 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 July 21, 2008, the City Council passed Resolution No. 5288 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 July 28 and August 11, 2008, as provided in MCA 7-1-
4127; and
WHEREAS, the City Clerk received, within the twenty -day comment period, and forwarded to the
City Council for Council consideration, one (1) letter regarding the proposed
extension of the boundaries of said City, and
WHEREAS, on September loth, 2004, the City Council adopted, 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 are 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 December 15, 2008.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 18TH DAY OF AUGUST, 2048.
ATTEST:
Theresa white
City Clerk
EXHIBIT "A"
Pamela B. Kennedy
Mayor
Southwest Corner of lour Mile Dave and US 93 — Approximately .13 acres
Owner — State of Montana
A tract of land located in Section 1, Township 28 North, Range 22 west, Principal Meridian
Montana, Flathead County, Montana and more particularly described as Tract 2XBA in
Government Lot 1 with Assessor Number E004095 records of Flathead County, Montana.
Highway 93 and Indian Trail
Owner — Flathead County
A tract of land located in Section 6, Township 28 North, Range 21 west, Principal Meridian,
Montana, Flathead County, Montana Lot 3 & 4 and more particularly described as Tract 3CA
with Assessor Number E003000 records of Flathead County, Montana
Also
A tract of land located in Section 1, Township 28 North, Range 22 west, Principal Meridian,
Montana, Flathead County, Montana Lot 1 and more particularly described as Tract 2DCA. with
Assessor Number E003000 records of Flathead County, Montana.
Portion of Lot I Block 14 of Northridge Heights 5 -- Approximately .01 acres
Owner — Craig & Charmalee Drew
A tract of land located in Section 1, Township 28 North, Range 22 west, Principal Meridian,
Montana, Flathead County, Montana and more particularly described as that Northwest Triangle
Northridge Heights Section 5 of Amended Lot 1 in Block. 14 with Assessor Number 0001072
records of Flathead County, Montana.
Parcel Near Northridge Drive _ Approximately .01 acres
Owner — Linda M. Cloutier
A tract of land located in the SwI/4NEI/ of Section 1, Township 28 North, Range 22 west,
Principal Meridian, Montana, Flathead County, Montana and more particularly described as
Tract 2Z with Assessor Number 0974513 records of Flathead County, Montana.
Parcel Near Northridge Drive and Hilltop avenue -- Approximately .03 acres
Owner - Chris & Marcie wrest
A tract of land located in the SwI/4NEI/4 of Section 1, Township 28 North, Range 22 west,
Principal Meridian, Montana, Flathead County, Montana and more particularly described as
Tract 2M with Assessor Number 0360736 records of Flathead County, Montana.
Parcel Vacated in Buffalo Hills Golf Course
Owner — Kalispell Golf Association
A tract of land located in Section 6, Township 28 North, Range 21 west, Principal Meridian,
Montana, Flathead County, Montana and more particularly described as Tract 5ACA in Lot 12
with Assessor Number 0428005 records of Flathead County, Montana.
Montana Jim Lynch, Director
Serving you with pride 2701 Prospect Avenue
,._. �.,�„ � Brian Schweitzer, governor
PO Box 201001 R" M _ V ED
Helena MT 59620-1001
August 8, 2008
Theresa White
City of Kalispell
PO Box 1997
Kalispell NIT 59903-1997
Subject: F 5-3(24)1 1 5
US 93 N of Kalispell
Z173-024-000
Parcel 1.1
Annexation into the City of Kalispell
A U 1( 3 A !f[DI,
fll," AFC CLERK
The Montana Department of Transportation (MDT) is in receipt of the City of
Kalispell's (City) intention to annex the above -referenced property, which is
highway right-of-way into the City.
MDT does not oppose the proposed annexation as long as said property (being a
0.13 acre tract of land in US Government Lot 1, Section 1, T28N, R22W7
Flathead County) shall not be subject to:
➢ Assessment for any present or future Special Improvement District
created by the City.
➢ Present or future Zoning restrictions created by the City.
If this proposed annexation is approved by the City Council, please forward a
copy of the Resolution approving said action.
If you have any questions, please call me at the number listed below.
Carla J. Haas
Property Manager
Real Estate Services Section
(406)-444-6387
Right of way Bureau An Eqf ual Opportunity Employer Engineering Divisron
Phone: (406) 444-6055 77Y- (890) 335 759.E
Fax. • (466) 444 -7254 Web Page: www. mdt. state. mt us
City of Kalispell
Post Office Box 1997 -Kalispell, Montana 59903-1997 -Telephone (406) 758-7756
Fax - (406) 758-7754
January 28, 2008
Department of Highways
2701 Prospect Avenue
Helena, MT 59501
The City Council, at its regular meeting July 21, passed a resolution of intent to annex several
wholly -surrounded properties which were presumed to be within the city limits but were never
formally annexed. In your particular situation, a portion of the intersection at Highway 93 and
Four Mile Drive (the SW corner near the Greenery) is wholly surrounded due to development in
the area.
I have enclosed a copy of Resolution 5288 setting a public hearing date on the proposed
annexations for August 18. Any written comments concerning the proposed annexations must be
submitted in writing by 5:00 p.m. on August 18 to the City Clerk, PO Box 1997, Kalispell, MT
59903.
Please contact me if you need additional information or have any questions.
Sincerely,
Theresa White
City Clerk
Date Received
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Act
File
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Comments
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CAC
Officer Manager
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ile l)ue �.02-- i