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08. Resolution 4940 - Resolution of Intention to Annex - 215 16th Street WestCity of Kalispell 'cyst'Offli e Box 1997 - Kaiisp ai.. Montana 59903- 47 - Fdephon-- 4406) 758-7000 F-3 - (40611 758- 75Y REPORT TO: Honorable Mayor and City Council FROM: Frank Garner, Interim City Manager Pati Heath, Assistant to the City Manager SUBJECT: Annexation of City Owned Property 215 16`h Street hest MEETING DATE: October 4, 2004 BACKGROUND: The City currently owns the property listed above, which is adjacent to City boundaries. This piece of property has not been annexed into the City although the City has owned it for many years. The Resolution of Intent that is before the Council initiates the process for annexing this property. The annexation and zoning will go before the planning board for public hearing at their November 9, 2004 regular meeting. A recommendation will be forwarded to the City Council after the public hearing at which time the council will take action on the annexation and zoning. It is anticipated that this .matter will come before the City Council again at their regular meeting of December 6, 2004. FISCAL EFFECTS: None RECOMMENDATION: The Council move to approve the Resolution of Intent. ALTERNATIVE: As suggested by the Council. ATTACHMENTS: Resolution of Intent Petition For Annexation and Initial Zoning ► l _ _ ivI ap Respectfully nitd, Fr4 Garner, Interim City Manager Report Compiled September 29, 2004 Pati Heath, Assistant to the City Manager RESOLUTION NO.4940 1-1 XVLu "Il u 1 1"il; ".r li'q T Ll�l t l" 14 Tv t1illi'%.'% t r11 -Mj- t vic 1 1 N t V t rtr, l.,t t i "r KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 44, M.C.A. (ANNEXATION OF CONTIGUOUS GOVERNMENT LAND), COMPRISING PLATTED TRACTS OF LAND AND UNPLATTED LAND THAT HAS BEEN SURVEYED FOR WHICH CERTIFICATES OF SURVEY HAVE .BEEN FILED, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO BE DESIGNATED AS 16TH STREET WEST ADDITION NO.355, 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 platted tracts and unplatted land that have been surveyed and far which certificates of survey have been filed, as required by law, 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, to zone said property in accordance with the Kalispell Zoning Ordinance, Ordinance No. 1460, as amended; and WHEREAS, the City of Kalispell desires to annex the property to the City limits under the provisions of Title 7, Chapter 2, Part 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 I st day of March, 1999, and WHEREAS, the City Council shall, prior to annexing said property, cause to be developed an Extension of Services plan for the territory described in Exhibit "A", and proposed by this Resolution to be annexed, and WHEREAS, the Kalispell City Planning Board and Zoning Commission shall on the 9th day of November, 2004, hold a Public Hearing, pursuant to 27.03.010, Kalispell Zoning Ordinance, to recommend zoning for 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. t'in �mallsT tr Attf - __-..1__i-_ --1_-1 1- _..'---. _.D.1-_ - i,uuncli ul lne k-lLY or 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. Attest: Theresa White City Clerk Pamela B. Kennedy Mayor 2 EXHIBIT "A" 215 16T11 Street W Parcel A — Tract 8Y A tract of land in the SE1/4 SE1/4 of Section 18, Township 28 North, Range 21 West, P. M.,M., Flathead County, Montana, described as follows: Commencing at the southeast corner of said Section 18; thence S88°04'55"W along the south boundary of the SE1/4 of said Section 18 a distance of688.95 feet to the southeast corner of a Tract of land shown and described on Deed Exhibit Book 518, page 729, records of Flathead County, said corner being the TRUE POINT OF BEGINNING of the tract of land herein described; thence along the boundaries of said Deed Exhibit the following courses: S88°04'55"W 538.97 feet; N08030'00"E 105.84 feet; N38°00'00"W 69.32 feet; NOO"13'26"E 257.42 feet; N89002'01 "E 35.00 feet; N00° l3'26"E 310.00 feet; N88°21'49"E 174.99 feet; S00°56'45"W 121.00 feet; N88°2I'49"E 360.00 feet; S00°56'45"W 202.70 feet; N881129'01"E 338.91 feet; S02°28'07"E 20.00 feet; S88°29'01"W 340.1.1 feet; S00°56'45"W 132.45 feet; S00°2151"E 248.46 feet to the point of beginning containing 8.229 acres more or less, being subject to and together with all appurtenant easements of record. Tri-City Planning Office 17 Second St East, Suite 211 j Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ANNEXATION AND INITIAL ZONING CITY OF KALISPELL NAME OF APPLICANT: C / 7q OF .mac ISP MAIL ADDRESS: t' L> • o % / 9f -7 CITY/STATE/ZIP: 1' A4tS=j11Y62 PRONE: -Ioe 75x�-177y INTEREST IN PROPERTY: 1� Other Parties of Interest to he Notified: I ST 7-0 711L PARTIES OF INTEREST: FegA, A�'its' if�� it Gt7-V / i �Tf A 7r"ff MAIL ADDRESS: Q, ,SOX /g'';;7 CTTY1�TATF./7.IP: xAr;�G, i;j, PHONE: 7�7--77c_3 7s —7771/ INTEREST IT�l PROPERTY: dJT PLEASE COMPLETE THE FOLLOWING: Address of the property: /S" -/-/ ,ST a) Legal Description: Cos (Lot and Block of Subdivision; Tract 4) -ZJ IA/ (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac) 22q The present zoning of the above property is: The proposed zoning of the above property is: r tE' G f ;�" � GAl IV6- State the changed or changing conditions that make the proposed amendment necessary: 7L% (°t L! ******************************************** The signing of this application signifies that the foregoing information is true and accurate based upon the best information availab and further grants approval for Tri-City Planning staff to be present on the property for rouliaospfction during the annexation process. (ApTMcant) "� (Date) APPLICATION PROCESS APPLICABLE TO ALL ANT EXATION AND INITIAL ZONING APPLICATIONS 1. Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede ding of this application. Among topics to be discussed are: the application procedure, compatibility and compliance with the Growth Policy, and compatibility of the proposed zoning with surrounding zoning classifications. 2. Completed application form. 3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form, including an Exhibit A. legal description of the property. 4. A list of all property owners within 150 feet of the subject property (excluding public streets and right of ways) with mailing addresses. See example below. Assessor# Sec-Twn-Rn Lot/Tract No Property Owner & Mailing Address 5. Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office. 6. Fee Schedule: Residential (1 acre or less) no fee All other annexations. Over 1 acre - $100 for first acre + $15 per acre over 1 acre 7. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. As Approved by TCPB. Effective 3/15/04 2 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are .in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the � �f�� Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent 11 fuCiJ LJI iJwt'il+rJ Vi U1 A.11 VVYC'. i14�41Au d property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City Hereby agrees to allow Petitioner(s) to Connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for a minimum f ears from date of annexation. r Pet done /Owner Date Petitioner/Owner Date Please return this petition to: Tri-City Planning Office 17 2" St East, Suite 211 Kalispell MT 59901 NOTE: Yon must attach an Exhibit A that provides a bona tide iegal description of the property to be annexed that has been reviewed and certified by the Flathead County flat Room. STATE OF MONTANA ) : ss County of Flathead County On this day of _ before me, the undersigned, a Notary Public for the State of Montana, personally appearedc �� known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. '"%..% tttll-iII A".., .� p1I 'J! , I ESS WHEREOF, I have hereunto set may hand and affixed nay Notary Seal the day and. 9•'''% ' 'i42 is -certificate first above written. Z j/' S_.,,,,.... Notary Public. State of Montana Residing at My Commission expires: 3 � STATE OF MONTANA ) ss County of Flathead County On this day of _ , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to one that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. STATE OF MONTANA ) ss Co,un"y o-f Flathead Notary Public, State of Montana. Residing at My Commission expires: On this __ day of , before ine, the undersigned, a Notary Public for The State of Montana, personally appeared and the , and respectively, of the corporation that executed the foregoing instrument. and the persons who executed said instrument on behalf of said corporation. and acknowledged to me that such Corporation executed the same. fN WITNESS WHEREOF. I have hereunto set inv hand and affixed my Notary Seal the Clay and year in this certificate first above written. Notary Public_. State of Montana Residing at My Corninission expires Flathead County Roads 0 Parcels Lakes [� County SCALE 1 : 8,178 i 500 0 500 1,000 1,500 FEET http:llrng.cp.flathead.mt. us/Flathead, mwf Thursday, September 23, 2004 10:54 AM Flathead County Roads Buffer Ej Parcels Lakes L-j County SCALE 1 :5,523 200 0 200 400 600 FEET http-.//mg.co.flathead.mt.us/Flathead.mwf Thursday, September 23, 2004 9:50 AM 215 16th Street West Assessor# Sec-Twn-Rng Lt/Tract No E038941 S18-T28N-R21W 282118-8K E032150 S18-T28N-R21W 282118-8N E032150 S18-T28N-R21W 282118-8Z 0174770 S18-T28N-R21W 282118-8L 0179301 S18-T28N-R21W 282118-8TU 0179303 S18-T28N-R21W 282119-14DA 0541661 S18-T28N-R21 W 282119-14CA-SD5 0582650 S18-T28N-R21W 282119-11C 0970255 S18-T28N-R21 W 282118-SFC 0703250 S18-T28N-R21W 282118-BAK-12 0243630 SIB-T28N-R21W 282118-SJ 0179300 S18-T28N-R21W 282118-8TVADA 0557814 0970222 0884074 0043750 0276550 0276550 E028850 E000274 E029400 E029500 S18-T28N-R21 W S18-T28N-R21 W S18-T28N-R21W S18-T28N-R21 W S18-T28N-R21W S18-T28N-R21 W S18-T28N-R21 W S18-T28N-R21 W S 18-T28N-R21 W S18-T28N-R21 W 282118-6F 282118-SFB 282118-8FA 282118-6TVAD 282118-BAK-15 282118-BAK-14 282118-SHP-1 282118-8CITYKAL 282118-8AA 282118-BAK13 Property Owner & Mailing Address Flathead County School District #5, 233 1st Avenue E, Kalispell, MT 5990-1-4560 Flathead County School District #5, 233 1st Avenue E, Kalispell, MT 59901-4560 Flathead County School District 45, 233 1st Avenue E, Kalispell, MT 59901-4560 Amy Chute, Judy Hawley, Ronald & Daryl Crow, Peggy Marengo, Charles & Michael Crow, Mary Peters, 750 Spruce Mtn. Rd., Columbia Falls, MT 59912 Linda M Cusick, Debbie L Smithlin, Tammy M Gustafson, Cara R Boka, Frank J Cusick, 1405 4th Ave W, Kalispell, MT 59901 Debbie L Smithlin, Tammy M Gustafson, Cara R Boka, Frank J Cusick, 1405 4th Ave W, Kalispell, MT 59901 Charles E Otto, 1849 North Belmar, Kalispell, MT 59901 Woodrow W & Anna J Miller, 558 Sommers Stage, Kalispell, MT 59901 Bolz Living Trust, P. O. Box 1096, Lakeside, MT 59922-1096 Richard C & Kathy A Hermes, William J Collins, 1544 Airport Road, Kalispell, MT 59901 D Joseph & Brenda J Clark, P. O. Box 418, Somers, MT 59932-0418 Linda M Cusick, Debbie L Smithlin, Tammy M Gustafson, Cara R Boka, Frank J Cusick, 1405 4th Ave W, Kalispell, MT 59901 Eric Daniels, P. O. Box 517, Whitefish, MT 59937-0517 Philip & Patricia J Battaglia, 335 Foster Ln, Whitefish, MT 59937 Donald V Peterson, 343 3rd Ave W, Kalispell, MT 59901 Alice Joyce Bary, 1401 4th Ave W, Kalispell, MT 59901 Independent Consultants Inc, 1507 1 st Ave W, Ste A, Kalispell, MT 59901 Independent Consultants Inc, 1507 1st Ave W, Ste A, Kalispell, MT 59901 City of Kalispell, P. O. Box 1997, Kalispell, MT 59903 City of Kalispell, 1746 Airport Road, Kalispell, MT 59901 City of Kalispell, P. O. Box 1997, Kalispell, MT 59903 (This is designated 18th St W. & 1 st Ave W.) City of Kalispell, City Clerk, P. O. Box 1997, Kalispell, MT 59903 NOTE: There is a road (1st Avenue W) that falls within the 150 foot area. Per the Plat Room it appears that it is Tract 8X. Records show a portion of road was turned over the City, but it is not clear which portion. Notify both City & County. City of Kalispell, P. O. Box 1997, Kalispell, MT 59901 Flathead County, 800 South Main St., Kalispell, MT 59901 p —cy - —el L CERTIFICATE OF SURVEY SE!14 SE!14 SEC. 18 J28 N., R. 21 W, PM,M, FLATHEAD CO.� F ROM TK OFFICE OF HERSMAN LAND SURVEY P.O.P.BOX 225 T SOMERS MT 59932 (406) 857-3563 matt FOR KALISPE"' CITY OF DATE , NOVEMBER 22, 1995 PURPOSE; RETRACEMENT If NCE Matte PARCEL "A" t 8.229 A, C"E IFI�A �O�U"Vlyllll --6.l . lAl �6 7�- - �4t % Aall t 2le AL 20 r JzSF SHEET-1-OF ± SHEETS CjERjjjlrCAr9 OrSUltVLY Nl= 0