Resolution 5620 - Resolution of Intent & Call for Public Hearing - Sherry Wells Exclusion RequestA 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. DAY9S 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
A.
parcel of property annexed into the city; and
I�T'AEREAS, 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
Block 29 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 0,1
resolution approving the exclusion and the boundaries of the City sha
thereby be altered to exclude the property as described. I
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KAEIS PELL, THIS 20TH DAY OF MAY, 2013.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk