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03. Resolution 5107 - Rescind Resolution 5095 - Annexation - DMK DevelopmentCity of Kalispell Charles A. Harball office of City Attorney City .Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 599 3-1997 MEMORANDUM O: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Ha all, City Attorney James H. Patrick, City Manager Tel406-758.7708 Fax 406.758.7771 charball@kafispell-com SUBJECT: Resolution No. 5107 --- Rescission of Resolution 5095 Annexing Certain Property on Sunny i e Drive MEETING DATE: Monday, April. 3, 2006 — Regular Meeting BACKGROUND: On March 6, 2006, upon petition by the landowner, the City Council passe. Resolution 5095 annexing certain property on Su.n y i .e Drive. Subsequent to that action and the passing of the zoning ordinance for the property on first reading, the landowner discovered that certain road improvements would be required y City standards. These improvements increased the costs to the planned development beyond the original estimates. Therefore, the landowner does not wish o go forward w1th the development and is asking the City to rescind the annexation action. The City Council does have the authority to take the rescission action. The zoning ordinance did not go to second reading and therefore will not become effective. Although the annexation resolution was recorded with the County, no taxes have yet been levied and no city services have been provided to the property. It is timely therefore to take this action without the legal implications of a deannexation process. RECOMMENDATION: That Council consider passing Resolution 5107. FISCAL EFFECTS. None. Respectfully submitted, Charles Hair a l,..-City Attorney 4Ames H. - e , City Manager 1.-ESo ION No. 5107 A RESOLUTION RESCINDING RESOLUTION 5095 PASSED BY CITY COUNCIL ON MARCH 6,2006 THATPROVIDED "off. THE ALTERATION of THE BOUNDARIES of THE CITY of KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBE ON "EXHIBIT A LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, .M..M,, FLATHEAD COUNTY, MONTANA, AND TO DECLARE AN EFFECTIVE DATE. E. WHEREAS, the City of Kalispell received a petition from Donald and Mary use, the owners o property located on the north side of Srrrryside Thrive, west and south of Ashley Drive, requesting that the City of Kalispell annex the territory into the City, and WHEREAS,, following review and recommendations by the Kalispell Planning Board and a report thereby issued, the Kalispell City Council passed Resolution No. 5095 on March 6, 2006 approving said petition and annexed the property more fully described o Exhibit "A" attached hereto and WHEREAS, the second reading of the ordinance zoning said property rty has not occurred, therefore the property does not yet have a City zoning designation; and WHEREAS, Donald d and Mary arose, the owners of property, have no r determined that they are not able to develop the property as they intended and have made a Formal request to the City of Kafipel to rescind the annexation; and WHEREAS, the property has not yet been zoned, city taxes have not been collected from the property owner and no city services have yet been provided, the City of Kalispell has the statutory authority within Title 7, Chapter 2, Fart 46, Montana Code rotated to rescind the annexation of this property. NOW THEREFORE", BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That Resolution No. 5095 annexing all the real property as described above to the City of Kalispell is hereby rescinded. SECTION 11. Upon t.e effective cute of this Resolution, the City Clerk is directed to make and r-tiy under the seal of the City, a copy of the record o these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. SECTION 111. 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 3RD DAY OF AI RIL, 2006. ATTEST: Theresa White City Clerk Pamela B. Kennedy .mayor EXHIBIT "All A. TRACT of LAND LOCATED ED fN THE SOUTH HALF of THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, MANGE 21 WEST, PRINCIPAL MERIDIAN,, M N "AAA, FLATHEAD COUNTY, Y, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER F LOT 6 OF SUNNY SIDE PARK SUBDIVISION WHICH IS ON FILE WITH THE FLATHEAD COUNTY CLERK AND RECORDER" S OFFICE AND WHICH POINT LIES ON THE SOUTH BOUNDARY OF SAID SOUTHWEST QUARTER SECTION]. AND WHICH POINT IS THE TRUE POINT THENCE N0 4 'E, ON AND ALONG THE WEST BOUNDARY of SAID LOT 6, A DISTANCE 307.0 FEET TO A POINT ANDWHICH OIN IS THE NORTHWEST CORNER F SAID LOT 6; THENCE CONTINUING N 4 "E, A DISTANCE OF 40.03 FLEA' TO A. POINT .AND WHICH POINT IS THE SOUTHWEST CORNER of LOT 13 OF SAID SUNNY SIDE PARK SUBDIVISION; THENCE N °44' , ON AND ALONG THE SOUTH BOUNDARY OF SAID LOT 131 A DISTANCE of 314.5 FEET TO A POINT AND WHICH POINT IS THE SOUTHEAST CORNER. OF SAID LOT 13; THENCE CON G N 4' , A DISTANCE OF 40.03 FEET TO A POINT, THENCE S '8 V, A DISTANCE OF 7.0 FEETA POINT AND WHICH POINT IS THE NORTHWEST CORNEA. OF LOT F SAID SUNNY SIDE PARK SUBDMSI N; THENCE CONTINUING S00c48W, ON AND ALONG THE WEST BOUNDARY SAID LOT 5, A DISTANCE OF 300.0FEET TO A P INT ` AND WHICH POINT IS THE SOUTHWEST CORNER OF SAID LOT 5; THENCE CONTINUING S ' W, A DISTANCE OF 40.03 FEET TO A POINT ANT WHICH POINT LIES ON SAID SOUTH BOUNDARY THE SOUTHWEST QUARTER; THENCE S °' W, ON AND ALONG SAID SOUTH BOUNDARY,, A DISTANCE OF 354.53 FEET TO THE TRUE POINT OF BEGINNING. THIS TRACT CONTAINS 2.82 ACRES AND SUBJECT AND TOGETHER WITH ALL March 27, 200 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, Montana 59903 Re: Withdraw request for Annexation, Zoning and. Preliminary Plat on Lot , Sunny. i e Park Mr. Patrick: We have decided to withdraw our request for Annexation and Zoning on Lot 6 of Su nys1 .e Park. We also `e ue t the withdrawal f the Preliminary Plat of Sunnyside Place, from review by the City Council. Thank you for your time on this matter. MK Development City Planning Dept.