3. Resolution 4944 - Accepting Juniper Bend Drivegyp
of Kalispell
Public
Works
Department
Pori fffice
Box '997Kati-SDv , Ioata a 59903-1997 - T elepho e (406 j75 -7720, Fix (06)-iS-" s i
REPORT TO: Mayas and City Council
FROM: James C. Hausz, P.E., Director of Public Works
SUBJECT: Juniper Bend Drive - Roadway Acceptance
MEETING DATE: October 18, 2004
BACKGROUND: The Juniper Bend Homeowner's Association has asked that the City accept
ownership and maintenance of the currently private roadway known as Juniper Bend Drive_ The
construction of the development included this roadway which was at the time retained as a private road
due to its failure to meet all City standards. In November of 2002 a work session discussion of this
request resulted in City Council consensus that acceptance of this roadway by the City was possible
provided the Association could supply the engineer's certification that the construction met City
Standards, except for grade, and a proper ROW (40 feet width, IAW City standards in place at the time of
construction) was dedicated to the City. The Association has provided the required engineer's
certification that the roadway meets City structural requirements. The Association has also provided a
deed for the roadway. The City Council's two conditions for acceptance of Juniper Bend Drive appear to
have been met by the Juniper Bend Homeowner's Association.
RECOMMENDATION: Accept Juniper Bend Drive as part of the City street system subject to the
adequacy and acceptability of the deed for recordation by Flathead County
ACTION REQUESTED: MOTION TO ACCEPT JUNIPER BEND DRIVE SUBJECT TO THE
ACCEPTABILITY OF THE ROAD WA YDEDICA TION DEED FOR RECORDA TION B Y
L4THEAD COUNTY
FISCAL EFFECTS: Modest additional annual maintenance costs.
ALTERNATIVES: As suggested by the City Council
Respectfully
Jat-ncs'C. Hansz, P.E.
Director of Public Works 1 City
October 18, 2€ 04 Juniper Bend Drive Acceptance.doc
RESOLUTION NO.4944
A RESOLUTION TO ACCEPT THE GRANT AND CONVEYANCE BY THE JUNIPER
BEND HOMEOWNER'S, INC. OF A CERTAIN PORTION OF JUNIPER BEND DRIVE
TO BE DEDICATED TO THE CITY OF KALISPELL, FOR THE USE OF THE PUBLIC
AND TO BE FOREVER OWNED AND MAINTAINED BY THE CITY OF KALISPELL.
WHEREAS, on the 22"d clay of September, 2004, the Juniper Bend Homeowner's, Inc.
executed a deed of conveyance to the City of Kalispell for a roadway located
within the city limits of Kalispell commonly known as Juniper Bend Drive and is
more fully described within such deed as set forth below; and
WHEREAS, such transfer of property without consideration is not fully effective until such
time as the City of Kalispell formally accepts such gift; and
WHEREAS, the City has the resources to maintain the below described road which is
extensively used by the citizens of Kalispell; and
WHEREAS, it is in the best interests of the City of Kalispell and its citizens that it own and
maintain the below described roadway.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That road known as a portion of Juniper Bend Drive and more fully
described as "That street/roadway of Juniper Bend Subdivision, Phases I,
11, and 111, according to the map, plats and amendments thereto, recorded
among the land records of Flathead County, Montana. Said
street/roadway more particularly designated on said plats and amendments
thereto as Juniper Bend Drive" that has been gifted to the City of Kalispell
by Juniper Bend Homeowner's Inc. by deed is hereby accepted to be
property owned and maintained by the City of Kalispell. Said acceptance
contingent only upon proper recordation of said deed by the Clerk and
Recorder of Flathead County, Montana.
SECTION II. This resolution will become effective upon passage and approval by City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 18` DAY OF OCTOBER, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk