2. Resolution 5620 - Resolution of Intent & Call for PH - Exclusion RequestPlanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planninti
REPORT TO: Doug Russell, City Manager i*1
FROM: Tom Jentz, Director, Kalispell Planning Department
SUBJECT: Resolution 5620 — Resolution of Intent & Call for Public Hearing
on Request to Exclude Approximately 3,000 Sq. Ft Tract from
Corporate Limits
MEETING DATE: May 20, 2013
BACKGROUND: The city entered into an agreement with Gregory Ellingson in 1996 to
trade a tract of land roughly 3,000 square feet in size owned by Mr. Ellingson for a similar piece
of property owned by the city. The property is located on the west side of the residence located
at 562 Concord Lane. This lot lies along the east side of the storm water facility below
Woodland Avenue.
The city was in the process of surveying its boundaries along the storm water pond on the west
end of Concord Lane. Mr. Ellingson was a county resident and his homestead was in the county.
The survey revealed that one or more buildings on his property encroached onto city -owned land.
Rather than have him remove the building, the city agreed to swap that portion of its property for
a portion of Mr. Ellingson's property along Concord Lane which served the city's purposes better
than the area where the building encroached.
The piece of property that the city traded was owned by the city and in the city limits. At the end
of the land swap, Mr. Ellingson's rural property now contained a small sliver of annexed land,
and the city owned a small piece of land adjacent, but outside, of -the city. Apparently Mr.
Ellingson did not consider this an issue or may well have not been aware of this actual
discrepancy. The only way he would have known that this jurisdictional issue existed was when
he paid his taxes.
A new owner, Sherry Wells now owns the property and has brought this issue to the attention of
the city. She states that the land swap of 1996 is negatively impacting her with no practical
benefit for taxes and assessments paid ($83.78 total per year). She has requested that the city
council exclude Parcel B of Lot 14A of the Amended Subdivision Plat of a Portion of Lot 14,
Block 2, Day's Acres.
RECOMMENDATION: A motion to set the public hearing for the council meeting of June
17 to consider the request to exclude Parcel B of Lot 14A of the Amended Subdivision Plat of a
Portion of Lot 14, Block 2, Day's Acres.
FISCAL IMPACTS: Exclusion would mean a decrease of $4.86 in tax revenues and $78.92 in
special assessments paid to the city on an annual basis.
ALTERNATIVES: Deny the request to exclude said property by not setting a public hearing.
Respectfully submitted,
Tom Jentz, Director
Kalispell Planning Dept.
Attachments: Petition (including map)
Subdivision Plat
RESOLUTION NO. 5620
A RESOLUTION OF INTENTION TO EXCLUDE CERTAIN TERRITORY FROM THE
CITY OF KALISPELL, UNDER THE PROVISIONS OF TITLE 7, PART 48, M.C.A.
(EXCLUSION OF LAND), COMPRISING A TRACT OF LAND MORE PARTICULARLY
DESCRIBED AS PARCEL B OF LOT 14A OF THE AMENDED SUBDIVISION PLAT OF A
PORTION OF LOT 14, BLOCK 2, DAY'S ACRES, DIRECTING THE CITY CLERK TO
PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW, AND SETTING A
PUBLIC HEARING.
WHEREAS, in 1996, the City of Kalispell entered into an agreement with Gregory Ellingson to
trade a tract of land roughly 3,000 square feet owned by Mr. Ellingson for a similar
piece of property owned by the city and thereby transferring to Mr. Ellingson a small
parcel of property annexed into the city; and
WHEREAS, Sherry Wells, the current owner of the previously traded annexed property, has
petitioned the City of Kalispell to exclude the annexed traded property from the city
as the property receives no practical benefit from its inclusion; and
WHEREAS, the City of Kalispell therefore 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 upset the symmetry of the City of
Kalispell; and
WHEREAS, the Kalispell City Council shall on the 17th day of June, 2013, hold a Public Hearing,
pursuant to MCA 7-2-4807, to hear all persons and things relative to the proposed
exclusion of the territory as described above in accordance with the Kalispell Zoning
Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That it is the intention of the City of Kalispell that certain territory described
as Parcel B of Lot 14A of the Amended Subdivision Plat of a Portion of Lot
14, Block 2, Day's Acres 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 2. That a public hearing shall be held to hear all persons and things relative to
the proposed exclusion of the territory as described above at 7:00 pm on the
17th day of June, 2013 in the Council Chambers, Kalispell City Hall, 201
First Avenue East, Kalispell, MT.
SECTION 3. 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 4. 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 as described.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 20TH DAY OF MAY, 2013.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk
CITY OF KALISPELL
NOTICE OF INTENT TO EXCLUDE
AND NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council on May 20, 2013, passed Resolution
5620 declaring an intention to exclude certain real property which is more particularly described as
Parcel B of Lot 14A of the Amended Subdivision Plat of a Portion of Lot 14, Block 2, Day's Acres.
Said Resolution 5620 declares that it is in the best interest of the City of Kalispell and the
inhabitants thereof that said property be considered for exclusion. Exclusion of the property
described above shall proceed under Title 7, Part 48 Montana Code Annotated.
NOTICE is further given that for a period of twenty (20) days after May 22, 2013, that date
being the first publication of this Notice in the Daily Inter Lake, the City Clerk will receive from the
owners of the territory proposed to be excluded expressions of approval or disapproval, in writing, of
the proposed alterations of the boundaries of the territory petitioned to be excluded.
The City Council of the City of Kalispell shall hold a public hearing on the 17th day of June,
2013 at 7:00 p.m., in the Council Chambers, City Hall, 201 First Avenue East, Kalispell, Montana
and consider all communication received by the City Clerk pursuant to this Notice. After considering
the same, the Council shall proceed to hear and pass upon all protests and may duly and regularly
pass and adopt a Resolution approving the exclusion as described above. The time when the said
Resolution shall go into effect shall be fixed by said Resolution.
Theresa White
City Clerk
Publish: May 22, 2013
May 29, 2013
PETITION TO EXCLUDE LAND
FROM THE CORPORATE LIMITS OF THE CITY OF KALISPELL
I, Sherry Wells, do hereby petition the City of Kalispell to exclude the following
property from the corporate limits and respectfully request that the City Council enact a
resolution altering the boundaries of the City of Kalispell and excluding therefrom the territory
herein described.
Legal Description: Parcel B of Lot 14A of Amended Plat of a Portion of Lot 14, Block 2 of
Days Acres, according to the official plat thereof, filed in the Official Records of Flathead
County, Montana.
The proposed alteration of the corporate limit boundaries, together with the boundaries of the
city as it will exist after the change is made, is attached as Exhibit "A."
I certify that no streets, avenues, alleys, or public places are to be excluded under this petition.
DATED this I C) day of May, 2013.
Owner/Applicant:
Sherry Wells
STATE OF MONTANA
:ss
COUNTY OF FLATHEAD )
On this day of May, 2013, before me, the undersigned, a Notary Public for the
State aforesaid, personally appeared, Sherry Wells, known to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Notarial
Seal the day and year first above written.
-SEAL-
g M.gk�F MICHELLE M. ANDERSON
NOTARY PUBLIC for the
�r®—s State of Montana
Residin at Kalispell, Montana
RAY Commission Expire&
October 26, 2015
Printed Name:��
Notary Public for the State of Hopm-A)
Residing at k-,9-t.- j SPLLC
My Commission expires
Amended Subdivision Plaf of a Portion of
Lot 14, Block 2, Day's Acres,
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VICINITY MAP
PROJECT: SHERRY WELLS
562 CONCORD LN
REQUEST FOR EXCLUSION FROM CITY OF KALISPELL
County R-2
3CA
FILE# KA-13-03
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PLOT DAM 4/24/13
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