1. Resolution 5308 - De-Annexation - Lorna WilsonPlanning e a tment
201 1" Avenue East
Kalispell, NIT 59901
Phone: (40 S) 758-7940
Fax: (406) 758-7739
www.kalis a11.comJplanning
REPORT To: Kalispell Mayor and City Council
FROM* Thomas R. Jen.tz, Director
James H. Patrick, City Manager
SUBJECT Public Hearing - De -annexation of an approximately 3,441 square
foot strip of land - South woodland Drive and. Quincy Loop
MEETING DATE: September 2, 2005
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 south 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
boundaxy line adjustment between the two lots. As part of this boundary line
adjustment a former 10 -foot wide by 325-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 the 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 Green.acres 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 at
their August 4t- meeting passed a resolution of intent to de --annex the land from the
city limits and published a notice in the paper calling for a public hearing at the
September 2, 2005 council meeting.
RECC)MMENDA'T"`ION*. Hold the public hearing as advertized and take action on the
request to de -annex would be in order.
FISCAL EFFECTS: No negative impact as the city would be de -annexing land that
was not intended to be annexed in the first place.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Thomas R. Jentz
Director
Deport compiled: August 7, 2008
c: Theresa White, Kalispell City Clerk
............. ....... . . ... .
James H. Patrick
City Manager
-RESOLUTION NO.5308
A RESOLUTION EXCLUDING CERTAIN TERRITORY FROM THE CITY OF
KA.LISPELL, UNDER THE PROVISIONS OF TITLE 7, FART 48, I.C.A. (EXCLUSION
OF LAND), COMIPRISINO A. TRACT OF LAND MORE PARTICULARLY DESCRIBED IN
EXHIBIT "'A", AND SETTING AN EFFECTIVE DATE,
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 City Council of the City of Kalispell 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 mar the symmetry of the City of
Kalispell, and
WHEREAS, the City Council of the City of Kalispell, on August 4, 2008, passed Resolution 5290,
a Resolution of Intention to Exclude Certain Territory front. the City of Kalispell, and
WHEREAS, on September 2, 2005, the City Council of the City of Kalispell held a public hearing,
after due and proper notice, and received public comment upon, the request to
exclude that certain property, and
WHEREAS, at the conclusion of said public hearing and after consideration of the proposed
exclusion, the City Council of the City of Kalispell finds that it is in the best interest
of the City to exclude that territory as more particularly described on Exhibit "A",
attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY CAP
KALIS PELL, AS FOLLOW S :
SECTION I. That the certain territory described in Exhibit "A" is hereby excluded
from the corporate limits of the City and the boundaries of the City
are so altered so as to exclude the same.
SECTION II. This resolution shall be effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 2ND DAY OF SEPTEMBER, 2008.
ATTEST:
Theresa white
City Clerk.
EXHIBIT "A"
Pamela B . Kennedy
Mayor
A tract of land, situate, lying and being in the SE 114 SE 114 of Section 17, Township 28 Forth,
Range 21 west, P.N1.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
Creenacres, a map or plat on file and of record in the office of the Flathead County Clerk and
Recorder; thence S 89° 17' 58" 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 25A, 10.53 feet to the point of beginning. Containing
0.079 acres of land more or less.