7. Resolution 4746 - Ownership Transfer of RoadsCity of Kalispell Public Works Department
" Post Office Box 1997, Kalispell, Montana 59903-1997 -Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
September 23, 2002
To: Charles Harball, City Attorney
Chris A. Kukulski, City Manager
From: James C. Hans4 PE, Director of Public Works/City Engin 40ty
Subject: County Ownership of Roads and Transfer of Them to th
July 23`d of this year I asked for guidance and action in response to the County's
November 2001 effort to transfer ownership of Woodland Park Drive via quit claim deed to the
City. To date I have not received a reply and still do not know how this issue will be resolved. As
I mentioned in July, the County has washed its hands for maintenance of this road. To further
complicate matters, we have recently learned that the County took similar action regarding
Willow Glen Drive, Woodland Avenue and Kelly Road. A copy of those deeds is attached for
your information.
Clearly, this is not going to get better, and as the attached data shows, actually is getting
worse. So long as the County believes they can proceed in this unilateral way, the City will be
likely viewed as having failed in its responsibility for maintenance.
Please look into this and let me know exactly how we should be dealing with this issue. I
do not feel I have authority to do any work on these roads without some action by the City
Council to accept them into the City for maintenance.
memo0482002
City of Kalispell
City Attomey Office of City Attorney
Charles A. I3axball 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM TO COUNCIL
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
Tel 406.758.7708
Fax 406.758.7771
cli br ll@k.lispcll.com
SUBJECT: Transfer of portions of Willow Glen, Woodland Avenue, Woodland
Park Drive and Kelly Road from Flathead County to the City of
Kalispell
MEETING DATE: October 7, 2002
BACKGROUND: On November 8, 2001 Flathead County deeded Kelly Road and
portions of Willow Glen, Woodland Park Drive and Woodland Avenue to the City. See
attached maps. In the preceding year to this action, the City and the County did have
some discussions about these roads and whether the City wished to take them over.
While the Citywas inclined to accept them, no communication was given to the Countythat
the City finally determined to do so. The City received no direct communication from the
County when it took its action on November 8, 2001 and did not discover that the roads
had been quitclaimed until sometime laterwhen a citizen called to complain about the lack
of maintenance on one of the subject roads.
The first issue at hand is whether or not the City wishes to accept the gift of these
roads. Kelly Road, Woodland Park Drive and portions of Woodland Avenue and Willow
Glen are contiguous to the City and essentially create a loop. Property within the loop are
either within the City or under consideration for annexation at some point in the future. The
City does have the resources to maintain these roads which are used extensively by the
citizens of Kalispell.
The second issue, not currently addressed by the attached resolution of
acceptance, is how to remedy the apparent lack of communication between the County
and the City on this issue of transfer of County property and liability over to the City without
any direct notice. I suggest that it may be partially handled on the department level
whereby the County Attorney's office or the Clerk and Recorder provides copies of their
resolution of intent and deeds to my office prior to recording. I believe they would be willing
to do that upon my request. Obviously it would be more helpful if prior to considering any
resolution of intent by the County Commissioners, there was some written communications
in the form of a letter of understanding between the County and the City in this regard. The
City might consider communicating with the County that a prerequisite of any such
Memorandum re: Acceptance of Roads from County
October 2, 2002
Page - 2
transfers shall be a letter of understanding signed by the City Manager and the Director
Commissioner prior to the recording of any transfer documents.
RECOMMENDATION: To approve or deny the attached Resolution of Acceptance.
FISCAL EFFECTS: Once approved, the City shall be responsible for the maintenance
and future upgrades (subject to availability of other monies) of the subject roadways.
Respectfully submitted,
0.6 :-/7
Char es all; tity Attorney
Chris Kukulski, City Manager
City of Kalispell
Office of City Attorney
RESOLUTION NO.4746
A RESOLUTION ACCEPTING FROM THE COUNTY OF FLATHEAD THOSE CERTAIN
PORTIONS OF WILLOW GLEN, WOODLAND AVENUE, WOODLAND PARK DRIVE AND
KELLY ROAD AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on November 8, 2001 Flathead County transferred to the City of Kalispell, by quitclaim
deed, those roads known as a portion of Willow Glen, Woodland Avenue, Woodland
Park Drive and Kelly Road, as more fully described on those deeds attached as Exhibit
"A"; and
WHEREAS, such transfer of property without consideration is not fully effective until such time as
the City of Kalispell formerly accepts such gift; and
WHEREAS, the City has the resources to maintain the above described roads which are used
extensively 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
those above described roadways.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION I. Those roads known as a portion of Willow Glen, Woodland Avenue,
Woodland Park Drive and Kelly Road, as more fully described on those
deeds attached as Exhibit "A" that have been gifted to the City of
Kalispell by Flathead County by quit claim deed are hereby accepted to
be property owned by and maintained by the City of Kalispell.
SECTION II. This resolution will become effective upon passage and approval by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 7TH DAY OF OCTOBER, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
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200i3330g06 D
UIT CLAIM DEED
`*J
FOR VALUE RECEIVED F, HEAD COUNTY, MONTANA, a body politic does hereby
convey, release, remise and forever quitclaim unto THE CITY OF KALISPELL,
MONTANA, all of the Grantor's right, title and interest in the following
described premises in Flathead County, Montana, to -wit:
KELLY ROAD located in the North half of Section 20, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana as described
on the attached Exhibit.^A".
AND
That portion of WOODLAND AVENUE located in the North Half of the
southeast Quarter of Section 17, Township 28 North, Range 21 West,
;A P.M.M., Flathead County, Montana, as described on the attached
` Exhibit ^B".
n
� AND
i�
That portion of WILLOW GLEN DRIVE, a declared county road, located
d in Sections 16, 17, 20 and 21 of Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana, described on the attached Exhibit
..C,, .
TO HAVE AND TO HOLD, all and singular the said premises and
appurtenances unto the said Grantee, the heirs, successors and assigns
forever.
IN WITNESS WHEREOF, the Grantor has hereunto set it's hand and seal the
day and year in this indenture first above written.
FLATHEAD COUNTY, MONTANA
a body oliti
By L
Howard W. pipe, Chairman
Board of County Commissioners
STATE OF MONTANA)
:ss.
County of Flathe d)
On this day of Abo!_, 2001, before me, PEG L. ALLISON,
Clerk of Court in and for Flathead County, Montana, personally appeared
Howard W. Gipe and Vickie M. Eggum, known to me to be the Chairman of the
Board of County Commissioners and Deputy County Clerk of Flathead County,
Montana, a body politic, and acknowledged to me that they were duly
authorized to exgsuh: the same.
%XJ "AI...
IN WITNES:W BREOF,.,44ave hereunto set my hand and affixed my official
seal the day,;a,idl' eaki st' ove written.
+ 'EG SON
i;r': _., \� ' PI ,
y\ C1er '�`Q�Court
'��hj�a•'. y Deputy Clerk
1. ,Iil
EXHIBIT "A" 2001333 4 q o6 0
DESCRIPTION - KELLY ROAD
A TRACT OF LAND LOCATED IN
TOWNSHIP 28 NORTH, RANGE
MONTANA, FLATHEAD COUNTY,
DESCRIBED AS FOLLOWS:
THE NORTH HALF OF SECTION 20,
21 WEST, PRINCIPAL MERIDIAN,
MONTANA AND MORE PARTICULARLY
COMMENCING AT THE BEGINNING OF A 25.00 FOOT RADIUS RETURN
ON THE EAST LINE OF LOT 82 OF GREENACRES WEST UNIT NO. 3, A
RECORDED SUBDIVISION PLAT AND WHICH POINT LIES ON THE WEST
RIGHT-OF-WAY BOUNDARY OF WILLOW GLEN DRIVE, A 60-FOOT
COUNTY ROAD AND WHICH POINT IS THE TRUE POINT OF BEGINNING;
THENCE SOUTHWESTERLY, ON A CURVE TO THE RIGHT (DELTA =
90016'01", RADIUS = 25.00 FEET AND RADIAL BEARING =
S89050'25"W), AN ARC LENGTH OF 39.38 FEET TO A POINT OF
TANGENCY; THENCE N89053'34"W, A DISTANCE OF 473.00 FEET TO
A POINT OF CURVATURE; THENCE SOUTHWESTERLY, ON A CURVE TO
THE LEFT (DELTA = 36007'29", RADIUS = 244.64 FEET), AN ARC
LENGTH OF 154.23 FEET TO A POINT OF TANGENCY; THENCE
S53058'57"W, A DISTANCE OF 202.77 FEET TO A POINT OF
CURVATURE; THENCE WESTERLY, ON A CURVE TO THE RIGHT (DELTA
= 36007'29", RADIUS = 184.64 FEET), AN ARC LENGTH OF 116.41
FEET TO A POINT OF TANGENCY; THENCE N89053'34"W, A DISTANCE
OF 424.31 FEET TO A POINT OF CURVATURE; THENCE WESTERLY, ON
A CURVE TO THE RIGHT (DELTA = 08004'03", RADIUS = 738.79
FEET), AN ARC LENGTH OF 104.02 FEET TO A POINT OF TANGENCY;
THENCE N81049'31"W, A DISTANCE OF 240.21 FEET TO A POINT;
THENCE N81052'36"W, A DISTANCE OF 518.63 FEET TO A POINT OF
CURVATURE; THENCE WESTERLY, ON A CURVE TO THE LEFT (DELTA =
06011'32", RADIUS = 954.38 FEET), AN ARC LENGTH OF 103.14
FEET TO A POINT OF TANGENCY; THENCE N88004'18"W, A DISTANCE
OF 216.01 FEET TO A POINT OF CURVATURE; THENCE WESTERLY, ON
A CURVE TO THE LEFT (DELTA = 27026'42", RADIUS = 390.36
FEET), AN ARC LENGTH OF 186.98 FEET TO A POINT OF TANGENCY;
THENCE S64016'59"W, A DISTANCE OF 281.82 FEET TO A POINT
AND WHICH POINT LIES ON THE EAST RIGHT-OF-WAY BOUDNARY OF
U. S. HIGHWAY 93; THENCE S35028'00"E, ON AND ALONG SAID
EAST RIGHT-OF-WAY BOUNDARY, A DISTANCE OF 60.00 FEET TO A
POINT; THENCE N64029'00"E, AND LEAVING SAID EAST BOUNDARY,
A DISTANCE OF 125.00 FEET TO A.POINT; THENCE N64027'04"E, A
DISTNACE OF 146.45 FEET TO A POINT OF CURVATURE; THENCE
EASTERLY, ON A CURVE TO THE RIGHT (DELTA = 27026'42",
RADIUS = 330.43 FEET) , AN ARC LENGTH OF 158.28 FEET TO A
POINT OF TANGENCY; THENCE S8B004'18"E, A DISTANCE OF 216.01
FEET TO A POINT OF CURVATURE; THENCE EASTERLY, ON A CURVE
TO THE RIGHT (DELTA = 06011'32", RADIUS = 894.38 FEET), AN
2001333 0 g 0 6 0
ARC LENGTH OF 96.95 FEET TO A POINT OF TANGENCY; THENCE
S81052'36"E, A DISTANCE OF 543.00 FEET TO A POINT; THENCE
S81049'31"E, A DISTANCE OF 216.21 FEET TO A POINT OF
CURVATURE; THENCE EASTERLY, ON A CURVE TO THE LEFT (DELTA =
08004'03", RADIUS = 798.79 FEET), AN ARC LENGTH OF 112.47
FEET TO A POINT OF TANGENCY; THENCE S89°53'34"E, A DISTANCE
OF 424.31 FEET TO A POINT OF CURVATURE; THENCE
NORTHEASTERLY, ON A CURVE TO THE LEFT (DELTA = 36°07'29",
RADIUS = 244.64 FEET), AN ARC LENGTH OF 154.23 FEET TO
POINT OF TANGENCY; THENCE N53058'57"E, A DISTANCE OF 202.77 ,lU
FEET TO A POINT OF CURVATURE; THENCE EASTERLY, ON A CURVE
TO THE RIGHT (DELTA = 36007129", RADIUS = 184.64 FEET), AN
ARC LENGTH OF 116.41 FEET TO A POINT OF TANGENCY; THENCE
S89°53'34"E, A DISTANCE OF 473.00 FEET TO A POINT OF
CURVATURE; THENCE SOUTHEASTERLY, ON A CURVE TO THE RIGHT
(DELTA = 89043'59", RADIUS = 25.00 FEET), AN ARC LENGTH OF
39.15 FEET TO A POINT AND WHICH POINT LIES ON SAID WEST
RIGHT-OF-WAY BOUNDARY OF WILLOW GLEN DRIVE; THENCE
N00009'35"W, ON AND ALONG SAID WEST BOUNDARY, A DISTANCE OF
qaS
110.00 FEET TO THE TRUE POINT OF BEGINNING. C 5 t�- 4
THIS TRACT CONTAINS 4.172 ACRES AND SUBJECT TO AND TOGETHER
WITH ALL APPURTEANT EASEMENTS OF RECORD.
EXHIBIT "B" 2001333 D q G6 O
DESCRIPTION - 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.
2001333
EXHIBIT "C"
DESCRIPTION - 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 SE'/CMXa 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/,SE% 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.
STATE OF MONTANA,
ss
County of Flathead
Recorded at the request of j� P 6� 0 O rn r4%-, this 201 ' day of Ntl�?Pmlpe ZOO at —/ ' o 6 o'clock.AM and recorded in
the records of Flathead County, State of Montana.
Fee $ Pd.
RECEPTION NO. 20013330 10 tSl
RETURN TO R rT O - c(o m n�
IN
LL
2MI333 0 R 010
QUIT CLAIM DEED
FOR VALUE RECEIVED FLATHEAD COUNTY, MONTANA, a body politic does hereby
convey, release, remise and forever quitclaim unto THE CITY OF KALISPELL,
MONTANA, all of the Grantor's right, title and interest in the following
described premises in Flathead County, Montana, to -wit:
THAT PORTION OF WOODLAND PARK DRIVE, located in Section 8, Township
28 North, Range 21 West, P.M.M., F'.ethsad County, Montana, more
fully described on the attached Exfi.b l.t "A".
TO HAVE AND TO HOLD, all and singular the said premises and
tenances unto the said Grantee, the heirs, successors and assigns
IN WITNESS WHEREOF, the Grantor has hereunto set it's hand and seal the
and year in this indenture fir--t above written.
DATED: N 0""e ,�Z , 2001.
STATE OF MONTANA)
FLATHEAD C UNTY, MONTANA
a body po itic `
By (/U1
Howard W. Gips, Chairman
Board of County Commissioners
:ss.
County of Flatheqo)
On this day of 2001, before me, PEG L. ALLISOM,
Clerk of Court in and for Flathead County, Montana, personally appeared
Howard W. Gipe and Vickie M. Eggum, known to me to be the Chairman of the
Board of County Commissioners and Deputy County Clerk of Flathead County,
Montana, a body politic, and acknowledged to me that they were duly
authorized to execute the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year last above written.
PEG L. A ISON •' ..
Cler .ourt
By D.puty Clerk
200spi3 0 G D D
EXHIBIT W
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 00-2411111 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 00-2411111 West on and along said mid section line, a distance
of 1039.26 feet to a set 5/811 re -bar; thence
South 59°23'1111 East, and leaving said mid section line, a distance
of 39.07 feet to a set 5/811 rebar; thence
North 27°2314911 East a distance of 111.37 feet to a set 5/811 re -
bar; thence
North 03-35-4911 East a distance of 163.49 feet to a set 5/811 rebar;
36.30
thence
North 33-5414911 East a distance of 52.38 feet to a set p.k. nail;
thence
North 30-17111.11 West a distance of 517.98 feet to a found 3/4'1 iron
pipe and which point lies on the southerly right-of-way boundary of
U.S. Highway 2; thence
North 7504511411 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°20147" East, on and along said southerly right-of-way
boundary and an extension thereof, a distance of 504.38 feet to a
found 5/V rebar; thence
South 04°03'1311 West a distance of 315.92 feet to a set 5/811 rebar;
thence
South 77034-5311 East a distance of 17.7U feet to a set 5/8" rebar;
thence
South 47°0712911 West a distance of 175.54 feet to a set 5/811 rebar;
thence
South 00°:;3131" East a distance of 901.80 feet to a found 5/8'.
rebar; thence -
North 89-2515811 West a distance of 54.02 feet to the True Point of
Beginning.
j} �6a
$9
e S
Filed for record at the request of _G �� Cpryiin_
thisZq_ day of tlo ,L, 2001, at oIclock 9-.M. and
recorded under Reception No. R0Q1A:1a 0 Q 070 , records of
Flathead County, State of Montana.
Fee: $ 'V iG Susan W. /Haverf,,i,,eld, Clerk and Recorder
By: �� '�
4ru—_
Clerk
RRT" TO: City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
I
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