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.