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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.