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
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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
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PARCEL "A"
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