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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 99 41 26 3AA 6DD DM 6D 6DB 6EA 60C 6EAAA 6DBA 6E 6EM AVE �D B F EN� H J °�" ERGAS 1 1a 1B GORNER2 IIL� 4 SUB 4 2A 2B 1 f 3 6 3 �\N �`s — �— U 2 1RESUB L6 69 7 8 24 9 23 �Cv 10 2211 21 �� 12 3+ 0 � HAVEN DR cy r a d 73 3H 61 62 63 64 65 66 J94 69 70 71 72 74 100 99 98 97 96 95 92 91 90 75 89 76Ll 3+ STAG LN 77 e7 \ \ 106 88 78 A li 101 102 103 104 105 PARK 107 87 79 v/EL 117 116 115 108 86 a' ITE 114 109 85 90 11 12 13 26 EAGLE 113 110 84 91 10 27 119 120 d-P 83 82 g 2 2a 121 Z ue 1 112 KELLY R➢ 15 24 0. 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M SE '^ w As a. i llilMJ N3(aY/!O EVj 31U1S ]tlN!Ylp O/Ipi iy���`y�F'3h�on5 S7 M3a3���� F 0 m Q I 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 I