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05. Resolution 4947 - Resolution of Intention and Call for PH - Annexing RoadsCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney Frank Garner, Interim City Manager SUBJECT: Resolution 4947 — Annexation of Roads Tel 406.758,7708 Fax 406.758.7771 eharball@kalispell.c€ rn MEETING DATE: Monday, November 1, 2004 — Regular Meeting BACKGROUND: This resolution sets the Council's intention to annex certain roads and streets into the City and calls for a public hearing. Over the past several months, the City has 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 4947 and call for a public hearing. FISCAL EFFECTS: The fiscal effect of this action is positive. Respectfully submitted, Charles ar all ity Attorney Frank Viarner, Interim City Manager RESOLUTION NO. 4947 A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 44, M.C.A. (ANNEXATION OF CONTIGUOUS GOVERNMENT LAND), COMPRISING ROADWAYS CONTAINING PLATTED TRACTS OF LAND AND UNPLATTED LAND, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW, AND SETTING A PUBLIC HEARING. WHEREAS, in the judgment of the City Council of the City of Kalispell, Montana, it is in the best interest of the City of Kalispell and the inhabitants thereof, that the contiguous roadways containing platted tracts and unplatted land, encompassed in Exhibit "A" attached hereto and for purposes of this Resolution made a part hereof, be annexed to the City of Kalispell, so that the boundaries of the City of Kalispell would be extended so as to include the same within the corporate limits of the City; and WHEREAS, the City of Kalispell desires to annex the property to the City limits under the provisions of Title 7, Chapter 2, fart 44 Montana Code Annotated (Annexation of Contiguous Government Land); and WHEREAS, on the 6th day of November, 1995, the City Council adopted, pursuant to Title 7, Chapter 2, Part 47 Montana Code Annotated, an Extension of Services Plan which anticipated development of City services approximately five years in the future, said Plan being amended on the 1st day of March, 1999, and WHEREAS, the Kalispell City Council shall on the 6th day of December, 2004, hold a Public Hearing, pursuant to MCA 7-2-406, to hear all persons and things relative to the proposed annexation of the territory described in Exhibit "A" in accordance with the Kalispell Zoning Ordinance, in the event the territory is annexed to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS. SECTION I. That it is the intention of the City of Kalispell that certain territory described in Exhibit "A" be embraced within the corporate limits of the City and the boundaries of the City be so extended so as to include the same. SECTION II. That it is further the intention of the City of Kalispell that said property described in Exhibit "A" be zoned in accordance with the Kalispell Zoning Ordinance, Ordinance No. 1460, as amended. SECTION III. The City Clerk shall forthwith prepare and publish in the Daily Inter Lake, a daily newspaper published at Kalispell, Montana, proper notice of this Resolution of Intention at least once a week for two successive weeks. SECTION IV. For a period of twenty days after the first publication of said notice by the City Clerk, said City Clerk will receive expressions in writing of the approval or disapproval of the proposed extension of the boundaries of said City of Kalispell. SECTION V. At the regularly scheduled meeting of the City Council of the City of Kalispell, the City Clerk shall forward all written communication received by said Clerk for Council's consideration. SECTION VI. The City Council, after considering all written communication, may adopt a resolution approving the annexation and the boundaries of the City shall thereby be extended to include the property described in Exhibit "A„ PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF OCTOBER, 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. 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 map 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 SE1/4 NE1/4 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 00024' 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 518" 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 30'17' 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.