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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, NE A, Sec. 17, T28N R 21W, Flathead County ,Montano S1.312, 9, IL R'004DA Ftj� BKID&t 15OU -3ft. 06' S. 89'1 1'07'E - 165.51 ��CONCORD LAIJE 3.9' COUNTY Plw I 138-88, ---,,r42.- T-�'e 00, T > cc LOT 14A 0 4-9G ACRE 0) 6NCLIJDES PARCEL 5) o PRE VIOUS BOUNDARY "�A 4 0�2 LEGEND 0 15eT 518"Y.Zf* REBARWIITi PLP6TIC CAR Sl-AMPED "73285' 0 FOUND POINT AS NOTED SCALE — 1.� = 40' 5/B" RESAR ..0T i 0 21 —Fd. OR*WAL 8 4 7. HUB AND TACK 913.65' (RECz914-7) N-89'10'00"W, 13A:515 OF BEARitJG5 934.65 NO., 2 O 6\ 8 V 10 1 12 13 15 14 a, 4C County -,l STRIP�n 4Ln 3A + 113 qj2 Subject ., �A �Oi)�hy B L K �01 4 9 8 6 --7 VICINITY MAP PROJECT: SHERRY WELLS 562 CONCORD LN REQUEST FOR EXCLUSION FROM CITY OF KALISPELL County R-2 3CA FILE# KA-13-03 m PLOT DAM 4/24/13 lL-\&\site\ka-13-03—Deftnex.dwg