4. Resolution 4901 - Annexation - Highway 93 South to Four CornersREPORT TO:
FROM:
SUBJECT
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Montana Department of Transportation - Annexation of Hwy 93
South City Limits to Four Corners
MEETING DATE: June 21, 2004
BACKGROUND: This is a request by the Montana Department of Transportation for
the annexation of the Hwy 93 South right of way from the current city limits near Big
R Ranch and Home Supply to Four Corners, i.e. Cemetery Road and Lower Valley
Road. Concurrent with the reconstruction of this section of highway, the City is
extending water and sewer to the southern boundary of the Cemetery Road / Lower
Valley Road intersection with Highway 93. The purpose of this annexation is to give
the City control of the right-of-way where new City utilities will be located.
Typically an annexation would go before the planning board for the purpose of
recommending an appropriate zoning designation upon annexation to the city. In this
case, however, no initial zoning would be applied to the property because it is a public
right of way. As properties along this corridor come into the city, the zoning
designation associated with the newly annexed property will be extended to the center
line of the highway.
The staff is recommending the effective date of this annexation be consistent with the
completion of the utilities extension and road construction which is anticipated to
occur at the end of this construction season, i.e. around the end of October.
Therefore you will note that the attached resolution has an effective date that reflects
this date. By delaying the effective date, this will avoid the Kalispell City Police
Department and emergency services personnel having to respond to incidents in this
area during the construction period.
RECOMMENDATION: A motion to adopt the resolution annexing Hwy 93 South to
the Four Corners area would be in order.
FISCAL EFFECTS: Potential fiscal impacts related to police and emergency
response services.
ALTERNATIVES: As suggested by the city council.
Providing Community Planning Assistance To:
City of Kalispell • City of Columbia Falls • City of Whitefish
Montana Department of Transportation Hwy 93 Annexation
June 16, 2004
Page 2
Respectfully submitted,
Narda A. Wilson
Senior Planner
Report compiled: June 16, 2004
c: Theresa White, Kalispell City Clerk
Attachments: Vicinity Maps
Memo from city attorney 4/6/04
MDOT letter 4/ 15/04
Request for annexation
II: \FRDO \TRANSMIT\KALISPEL\2004 \KA04-12MEMO.DOC
Chris A. Kukulski
City Manager
RESOLUTION NO.4901
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, THE
REAL PROPERTY DESCRIBED IN EXHIBIT "A", TO BE KNOWN AS U.S. 93 SOUTH
ADDITION NO. 347; AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from the Montana Department of
Transportation, the owners of the property described in Exhibit "A", requesting that
the City of Kalispell annex the territory into the City, and
WHEREAS, the area is included within and conforms to the Kalispell Growth Policy 2020, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 44, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION L That all the real property as is more particularly described in Exhibit
"A", shall be annexed to the City of Kalispell and the boundary of the City is altered
to so provide, and shall be known as U.S. 93 South Addition No. 347.
SECTION IL Upon the effective date of this Resolution, the City Clerk is directed
to make and certify, under the seal 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 its citizens and property shall be subject 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. This Resolution shall be effective upon the filing of Certificate of
Substantial Completion, estimated to be November, 2004.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 21 ST DAY OF JUKE, 2004.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk
EXHIBIT "A"
All of that U.S. Highway 93 Right of Way in Section 20, and Section 29 of Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, further described as:
Beginning at the intersection of the east -west center line of Section 20 and U.S.
Highway 93 and continuing southeasterly, to the south right of way boundary of
Cemetery Road which said right of way extends westerly along the north boundary of
Lot 5 of the Amended Plat of Lots 3 and 5 of Ashley Business Park, and to the
intersection of Willow Glen Drive and the north right of way boundary of Lower
Valley Road on the east.
Together with Tract 11 T, described as 199915516290, recorded June 4, 1999 at the Flathead County
Clerk and Recorder's Office.
ROW/F0R1V1S\RESIPR0\198 Revised 3/18/2004
Project: STPP-F 5-3(39)104
Designation: Somers — Kalispell, (Ashley Creek — Kalispell Section)
Control Number: 1012-039-000
REQUEST FOR ANNEXATION
WHEREAS, the STATE OF MONTANA, Department of Transportation,
possesses an interest in or is the owner of the hereinafter described property/right-
of-way; and
WHEREAS, the hereinafter -described property is highway right-of-way for U.
S. Highway 93 from Cemetery Road to the existing city limits of the City of Kalispell,
being land situated in the:
NEI/4NE'/4 of Section 29; and NW'/4NW Y4 of Section 28, Township
28 North, Range 21, West, P.M.,M., Flathead County, Montana
NOW, THEREFORE, pursuant to Title 7, chapter 2, part 44, Montana Code
Annotated, the STATE OF MONTANA, Department of Transportation, formally
advises the City of Kalispell, Montana that it desires to have the aforementioned
land annexed to the City of Kalispell, Montana.
IT IS FURTHER understood by the STATE OF MONTANA, Department of
Transportation, and by annexing said premises to the City of Kalispell pursuant
hereto, the City of Kalispell does agree, that said property shall not be subject to
assessment for any present or future Special Improvement District created by the
City of Kalispell, including or affecting such property. Further, said property shall not
be subject to present or future zoning restrictions created by the City of Kalispell.
This request does not, however, in any way further diminish or add to the rights or
duties of the STATE OF MONTANA, Department of Transportation, in relation to
said property. The request shall also constitute a waiver of any notice of annexation
that may be required per section 7-2-4405, MCA, AS AMENDED.
Dated this 14 day of t _, 2004.
STATE OF MONTANA
Department of Transportation
Director, Department of Transportation
ROW/FORMS\REST PRO\198
Revised 3/18/2004
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VICINITY MAP
MONTANA DEPARTMENT OF TRANSPORTATION
REQUEST FOR ANNEXATION
OF THE U.S. HIGHWAY 93 RIGHT OF WAY
NO INTITAL ZONING DESIGNATION
PLOT DATE: 5/12/04
FILE # KA-04-12 SCALE 1" = 600' R\,gis\site\ka04-12.dwg