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03. Resolution 4953 - Annexation - RoadsCity of Kalispell Charles A. Harball Office of City Attorney City Attomey 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1.997 MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney James H. Patrick, City Manager SUBJECT: Resolution 4953 — Annexation of Roads Tel 406.758.7708 Fax 406,758,7771 charbal lCkal ispel l.corn MEETING DATE: Monday, December 6, 2004 — Regular Meeting BACKGROUND: This resolution annexes certain roads and streets into the City. Over the past several months, the City accepted ownership of various roads and streets from Flathead County and from private landowners. The step of formally annexing this .property into the City is important on several levels, but also is necessary to allow the City to be eligible for certain funding from the state and federal governments. RECOMMENDATION: That Council pass Resolution 4953 and annex the named streets and roads into the City. FISCAL EFFECTS: The fiscal effect of this action is positive. Respectfully submitted, Charles Ha ball, Cry Attorney James H. Patrick, City Manager RESOLUTION NO.4953 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN ROADWAYS CONTAINING PLATTED TRACTS OF LAND AND UNPLATTED LAND, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", AND DECLARING AN EFFECTIVE DATE. WHEREAS, on October 4, 2004, the City Council passed Resolution No. 4947 declaring an intention to annex certain roadways contiguous to the City containing platted tracts of land and unplatted land and which is more particularly described in Exhibit "A" attached hereto and thereby made a part hereof, pursuant to the provisions of Title 7, Chapter 2, Part 44 Montana Code Annotated (Annexation of Contiguous Government .Land); and WHEREAS, notice of the resolution of intent was provided pursuant to MCA 7-2-4312 by publishing such notice on November 15 and November 22, 2004, as provided in MCA 7-1-4127; and WHEREAS, the City Clerk received, within the twenty -day comment period, and forwarded to the City Council for Council consideration, zero (0) "Protest/Disapproval" letters regarding the proposed extension of the boundaries of said City, and WHEREAS, on November 6th, 1995, the City Council adopted, pursuant to Section 7-2-4305, MCA, an Extension of Services Plan which anticipates development of City services for approximately five years in the future, and WHEREAS, said "Extension of Services Plan" provides for financing the municipal services and maintenance of existing services by utilizing funds allocated and expended pursuant to the annual City budget without incurring additional bonded indebtedness, and WHEREAS, said real property described in Exhibit "A" is included within and conforms with the Kalispell Growth Policy 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION L That all of the real property as is more particularly described in Exhibit "A", attached hereto, shall be annexed to the City of Kalispell and the boundaries of the City are altered to so provide. SECTION H. Upon the effective date of this Resolution, the City Clerk is directed to make and certify, under the sea] of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and said territory and its citizens and property shall be to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned pursuant to, and in accordance with, the Kalispell ;Zoning Ordinance. SECTION IV. This Resolution shall become 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 6TH DAY OF DECEMBER, 2004, Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT "A" Granrud Lane A strip of land forty (40) feet in width lying along the South boundary line of the East Half of the Northeast Quarter (E1/2, NE 1/4) of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, as described in Warranty Deed recorded in Book 81, Page 333, records of Flathead County, Montana. Woodland Avenue A tract of land located in the Northeast Quarter of the Southeast Quarter of Section 17, Township 28 North, Range 21 West, Principal Meridian, .Montana, Flathead County, Montana and more particularly described as follows: Commencing at the Northwest corner of Lot 1 of Leduc Addition, according to the map or plat thereof on file at the Office of the Clerk and Recorder, Flathead County, Montana; Thence Southeasterly along the Southerly boundary of Woodland Avenue to the intersection of the West boundary of Willow Glen Drive; thence Northerly, on and along said. West boundary, a distance of 60 feet more or less to the Northerly boundary of said Woodland Avenue; thence Northwesterly, on and along said Northerly boundary to a point which is 60 feet North more or less from said Northwest corner of Lot 1 of Leduc Addition; thence South to the point of beginning. Also A tract of land lying and being in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: Commencing at the Northwest corner of Lot 1 of Leduc Addition, according to the reap or plat thereof on file at the Office of the Clerk and Recorder, Flathead County, Montana; thence Northwesterly along the Southwesterly boundary of Woodland Avenue to the intersection of Park Place; thence Northeasterly 60 feet more or less to the Northeasterly boundary of Woodland Avenue; thence Southeasterly along said boundary to a point which is 60 feet North more or less from the Northwest corner of Lot 1 of said Leduc Addition; thence South to the point of beginning. Willow Glen Drive That portion of Willow Glen Drive located in Sections 16, 17, 20 and 21 of Township 28 North., Range 21 West, P.M.M., Flathead County, Montana, described as follows: Beginning at the point where the Southerly boundary of Kelly Road connects with Willow Glen Drive in the SE 1 /4 NE 1/4 of said Section 20; Thence Northerly along the Westerly boundary of Willow Glen Drive in Sections 20 and 17 to it's intersection with the Northerly boundary of Woodland Avenue in the NE 1/4 SE 1/4 of said Section 17; thence Easterly 60 feet, more or less, to a point on the Easterly boundary of Willow Glen Drive in said Section 16; thence Southerly along said Easterly boundary of Willow Glen Drive in Sections 16 and 21, to a point lying 60 feet, more or less, east of the Southerly boundary of Kelly Road in said Section 21; thence Westerly to the point of beginning. Woodland Park Drive A tract of land located in the West Half of the Southeast Quarter and in the Southwest Quarter of the Northeast Quarter and in the Southeast Quarter of the Northwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the South Quarter Corner of said Section 8; thence North 00'24'11" West on and along the Mid Section line, a distance of 960.94 feet to a set p.k. nail, and which point is the True Point of Beginning; thence continuing North 00"24' 11" West on and along said mid section line, a distance of 1039.26 feet to a set 5/8" re -bar; thence South 59'23' 11" East, and leaving said mid section line, a distance of 39.07 feet to a set 5/8" rebar; thence North 37°23'49" East a distance of 111.37 feet to a set 5/8" rebar; thence North 03035'49" East a distance of 163.49 feet to a set 5/8" rebar; thence North 33°54'49" East a distance of 52.38 feet to a set p.k. nail; thence North 30017' 11" West a distance of 517.98 feet to a found 3/4" iron pipe and which point lies on the southerly right-of-way boundary of U.S. Highway 2; thence North 75'45' 14" East on and along said southerly right-of-way boundary a distance of 53.61 feet to a set 5/8" rebar; thence South 30°20'47" East, on and along said southerly right-of-way boundary and an extension thereof, a distance of 504.38 feet to a found 5/8" rebar; thence South 04°03' 13" West a distance of 315.92 feet to a set 5/8" rebar; thence South 77°34'53" East a distance of 17.70 feet to a set 5/8" rebar; thence South 47°07'29" West a distance of 175.64 feet to a set 5/8" rebar; thence South 00°33'31" East a distance of 901.80 feet to a found 5/8" rebar; thence North 89°25'58" West a distance of 54.02 feet to the True Point of Beginning as shown on Certificate of Survey No. 13289, Records of Flathead County, Montana.