1. Resolution 5623 - Exclusion Request - Sherry WellsPlanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.co/Manning
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Kalispell Planning Department
SUBJECT: Resolution 5263 - Request to Exclude Approximately 3,000 Sq. Ft
Tract- West End of 562 Concord Lane from Corporate Limits
MEETING DATE: June 17, 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: Approve Resolution 5263 excluding from the city limits 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.
Respectfully submitted,
may,.
PJ Sorensen
Kalispell Planning Dept.
Attachments: Petition (including map)
Subdivision Plat
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
i 9 efoC�Yf�cj
A RESOLUTION EXCLUDING 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, AND SETTING AN EFFECTIVE DATE.
WHEREAS, in 1996, the City of Kalispell exchanged a small tract of land it owned for a similar
adjacent piece of property owned by a private citizen, thereby transferring to the
private citizen 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 under the provisions of Title 7, Part 48 of the
Montana Code Annotated (Exclusion of Land) to exclude the annexed traded
property from the city for the reason that the property receives no practical benefit
from its inclusion; 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 impair the symmetry of the City
of Kalispell; and
WHEREAS, the City Council of the City of Kalispell, on May 20, 2013, passed Resolution 5620, a
Resolution of Intention to Exclude Certain Territory from the City of Kalispell and
setting a public hearing for June17, 2013; and
WHEREAS, on June 17, 2013, the City Council of the City of Kalispell held a public hearing after
due and proper notice, and received no protests on 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 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That the 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 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 2. This resolution shall become effective thirty (30) days after the
passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 17TH DAY OF JUNE, 2013.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk
PETITION TO EXCLUDE LAND
FROM. THE CORPORATE LIMITS OF THE CITY OF KA.LISPELL
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 10 day of May, 2013.
Owner/Applicant:
'L-Nun� ) U'�Ms
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-
MICHELLE M. ANDERSON
ROTARY PUBLIC for the
Ecoiz
State of Montana
ResiQi at Kalispell, Mo�q
My Commission
Expire&
October 26, 2015
Printed Name: Hle4ftyLE At
Notary Public for the State of 11OA M-IJA
Residing at 4�+(. ( SPaC Acv jo ?-,,)A)e4
My Commission expires 10 --aX., o>S'
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VICINITY MAP
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Scale: 1 inch = 150 feet I
PROJECT: SHERRY WELLS
562 CONCORD LN
REQUEST FOR EXCLUSION FROM CITY OF KALISPELL
I FILE# KA-13-03
PLOT DATE 5/13/13
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