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4. Resolution 4663 - Annexation - Glacier Village Greens Phases VI and VIITri-City Planning Office 17 Second Street East- Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Annexation and Initial R-4 Zoning - Glacier Village Greens Phases VI and VII MEETING DATE: October 1, 2001 BACKGROUND: A petition for annexation request by Glacier Village Greens Inc. was submitted with the final plats as a requirement for the recording of Glacier Village. Greens Phases VI and VII. Glacier Village Greens Phase VI has 21 lots and two parks and contains approximately 4.698 acres. Glacier Village Greens Phase VII has 17 lots and contains approximately 4.109 acres for a total of approximately 8.8. The properties proposed for annexation are in the County zoning jurisdiction and zoned County R-5, Two Family Residential. This district is generally limited to residential uses. The conditionally permitted uses allow some non-residential uses but those are limited to churches, daycare centers, mini and RV storage, RV Parks and campgrounds and golf courses. The minimum lot size requirement of the County R-5 zoning district is 5,400 square feet The proposed R-4, Two Family Residential, zone allows duplexes and single-family residences as permitted uses and has a minimum lot size requirement of 6,000 square feet and a width of 50 feet. The proposed City R-4 district more closely reflects the existing and intended uses for Glacier Village Greens than does the City R-5, Residential / Professional Office. The Kalispell City -County Planning Board held a public hearing at their regular meeting of September 11, 2001 and a motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-4, Two Family Residential, upon annexation. RECOMMENDATION: A motion to adopt the first reading of the ordinance for R-4 zoning upon annexation would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Narda A. W" son Chris A. Kukulski Senior Planner City Manager Providing Community Planning Assistance To: • City of Kalispell - City of Columbia Falls • City of Whitefish RESOLUTION NO. 4663 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS THE SUBDIVISION PLATS OF GLACIER VILLAGE GREENS PHASES VI AND VII LOCATED IN SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS GLACIER VILLAGE GREENS PHASES VI AND VII ADDITION NO. 307; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Glacier Village Greens Inc., the owners of property located on the north side of West Evergreen Drive, east of Whitefish Stage Road and further described as the subdivision plats of Glacier Village Greens Phases VI and VII in Section 32, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Glacier Village Greens Phases VI and VII Annexation Request, #KA- 01-5, dated September 4, 2001, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell, and WHEREAS, said territory is included within and conforms to the Kalispell City -County Master Plan, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Glacier Village Greens Phases VI and VII Addition No. 307. SECTION II. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective on November 1, 2001 upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 1ST DAY OF OCTOBER, 2001. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net September 20, 2001 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Annexation and Initial Zoning - Glacier Village Greens Phases VI and VII Dear Chris: The Kalispell City -County Planning Board met on September 11, 2001, and held a public hearing to consider a request by Glacier Village Greens, Inc. for annexation and initial zoning on two additional phases platted in the Glacier Village Greens golf course development. A petition for annexation request by Glacier Village Greens Inc. was submitted with the plats as a requirement. Glacier Village Greens Phase VI has 21 lots and two parks and contains approximately 4.698 acres. Glacier Village Greens Phase VII has 17 lots and contains approximately 4.109 acres. The properties proposed for annexation lie within the Glacier Village Greens Golf Course Development on the north side of West Evergreen Drive and east of Whitefish Stage Road. The staff is recommending City R-4, a Residential zoning district, which has a minimum lot size of 6,000 square feet and allows duplexes and single-family homes as permitted uses. Tom Jentz, of the Tri-City Planning Office, presented staff report #KA-01-5, evaluating the proposed zoning. He noted that the property is currently designated as County R-5, a Two Family Residential district and that the proposed zoning was comparable. Staff recommended initial zoning of City R-4, Residential upon annexation. At the public hearing the applicant stated that the requirement for annexation was required to get the plats filed and that it was blackmail. After the public hearing the board discussed the annexation and the annexation of the rest of the development. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be R-4, Residential, upon annexation. Please schedule this matter for the October 1, 2001 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Village Greens Phases VI and VII Annexation and Initial Zoning September 20, 2001 Page 2 Sincerely, Kalispell City -County Planning Board ns 4edent GS/NW Attachments: Original petition to annex and legal description Staff report #KA-01-5 Draft minutes 9/ 11/01 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Village Greens Development, 500 Palmer Dr., Kalispell, MT 59901 H: \FRDO \TRANSMIT\KALISPEL\2001 \KA01-S.DOC Rice called for the question. ROLL CALL Rice, Garberg, Pierce, Heinecke, Mann, and Van Natta voted aye. Stevens and Sipe voted nay. The motion passed on a 6-2 vote. GLACIER VILLAGE Sipe excused himself from the Board. GREENS PHASE VI AND VII ANNEXATION A request by Glacier Village Greens Inc. for annexation into the city of Kalispell and an initial zoning designation of R-4, Residential, for Phase VI and Phase VII which contain approximately 8.8 acres. STAFF REPORT Tom Jentz of the Tri-City Planning Office gave a presentation of staff report #KA-01-5, stating that the City of Kalispell has initiated the annexation of the two subdivisions that have been final platted as continued development of Glacier Village Greens. Jentz said that a petition for annexation request by Glacier Village Greens Inc. was submitted with the plats as a requirement. Jentz said Glacier Village Greens Phase VI has 21 lots and two parks and contains approximately 4.698 acres and that Glacier Village Greens Phase VII has 17 lots and contains approximately 4.109 acres. Jentz said the applicants were requesting an initial zoning designation of R-4, Residential, for both Phase VI and Phase VII. Jentz said Tom Reese, president of the Homeowners Association had stopped by the office that afternoon and had said some of the property owners were concerned that the parks would become city property. Jentz said he had told Reese the parks will be annexed, but they will still be maintained and managed by the homeowners association. APPLICANTS/AGENCIES George Schultz, applicant, spoke in opposition saying he hadn't been aware until a few days ago that the property was being annexed. Shultz said he hadn't signed anything, that the City was blackmailing them because if they didn't annex they couldn't file the final plat and they wouldn't be able to develop the lots. Van Natta said there was a petition signed by Glacier Village Greens that requested annexation. Schultz said the only thing they signed was the petition to annex, which Duane Bitney had signed because if they didn't the City won't file their plats. Stevens said they had a petition that was signed in 2001 and that it was for Phase 6. Schultz said the City had opted not to annex Phase 6 until Phase 7 was done. Schultz said the staff report says he requested annexation and he didn't ask, he was being made to. Rice asked Schultz why he didn't want the property annexed Kalispell City -County Planning Board Minutes of the meeting of September 11, 2001 Page 7 of 10 Schultz said there was nothing on the property now and he didn't want to pay the extra taxes. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS There was no one who wished to speak in favor of the project. OPPONENTS There was no one who wished to speak in opposition to the project and the public hearing was closed. MOTION Mann moved to adopt Staff Report #KA-01-5 as findings of fact and forward a recommendation to the Kalispell City Council to adopt R-4, Two Family Residential, upon annexation with an effective date of November 1, 2001. Van Natta seconded the motion. Garberg asked what the November la dead line meant and why they couldn't allow the applicant to wait 6 or 9 months before annexing in order for the development to generate funds. Mann said he had the same question, if all the other phases are just now going into effect. Jentz said this project had been going on more than 18 years. Jentz said the property used to be out in the rural county, but now it is up against the City and it was City policy that land that which abutted against the City and received City services at final plat must be annexed. Pierce said they were here to discuss the zoning issue, not the annexation issue or the date of annexation. Mann called for the question. ROLL CALL Rice, Mann, Heinecke, Pierce, Garberg, Van Natta and Stevens voted aye. The motion passed unanimously. OLD BUSINESS: DOWNTOWN URBAN A request by the City of Kalispell for amendments to the RENEWAL DISTRICT Downtown Urban Renewal District, Fire Hall relocation and contribution to the Flathead City County Health Department. STAFF REPORT Jentz explained to the Board that this was not a public hearing but only a recommendation to City Council. Jentz said this was continued from the August meeting and the Board had 60 days to act upon it. Jentz said it has been scheduled for the October 15th Council meeting. Jentz said recommending approval of the new projects does not mean that the money will be granted, but that they would be put on the wish list. Kalispell City -County Planning Board Minutes of the meeting of September 11, 2001 Page 8 of 10 GLACIER VILLAGE GREENS PHASES VI AND VII ANNEXATION AND ZONING STAFF REPORT #KA-01-5 TRI-CITY PLANNING OFFICE SEPTEMBER 4, 2001 The City of Kalispell has initiated annexation proceedings for Glacier Village Greens Phases VI and VII based on a petition to annex. A public hearing has been scheduled before the Kalispell City -County Planning Board and Zoning Commission for September 11, 2001, beginning at 7:00 PM, to consider appropriate zoning for the area proposed to be annexed. The Planning Board and Zoning Commission will forward a recommendation for appropriate zoning to the Kalispell City Council for consideration. BACKGROUND INFORMATION The City of Kalispell has initiated the annexation two subdivisions that have been final platted as continued development of Glacier Village Greens. A petition for annexation request by Glacier Village Greens Inc. was submitted with the plats as a requirement. Glacier Village Greens Phase VI has 21 lots and two parks and contains approximately 4.698 acres. Glacier Village Greens Phase VII has 17 lots and contains approximately 4.109 acres. The properties proposed for annexation he within the Glacier Village Greens Golf Course Development on the north side of West Evergreen Drive and east of Whitefish Stage Road. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The Kalispell City Council has annexed all other phases of the Glacier Village Greens development in a previous action with an effective date of November 1, 2001. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. A. Petitioner: Glacier Village Greens Development 500 Palmer Drive Kalispell, MT 59901 (406) 752-4666 B. Location and Legal Description of Property: A request by Glacier Village Greens Inc for annexation into the city of Kalispell and an initial zoning designation of R- 4, Residential, for Phase VI and Phase VII. The properties proposed for annexation can be described as the subdivision plats of Glacier Village Greens Phases VI and VII located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing zoning: The properties proposed for annexation are in the County zoning jurisdiction and are in the Evergreen and Vicinity Zoning District. All of the properties proposed for annexation are currently zoned R-5, Two Family Residential. This district is defined as "A residential district with minimum lot areas. Development within the district will require all public utilities and all community facilities. Duplexes are allowed in this district." Permitted uses in this district are generally limited to residential uses. The conditionally permitted uses allow some non-residential uses but those are limited to churches, daycare centers, mini and RV storage, RV Parks and campgrounds and golf courses. The minimum lot size requirement of the County R-5 zoning district is 5,400 square feet. D. Proposed Zoning: The proposed R-4, Two Family Residential, zone allows duplexes and single-family residences as permitted uses and has a minimum lot size requirement of 6,000 square feet and a width of 50 feet. The proposed City R-4 district more closely reflects the existing and intended uses for Glacier Village Greens than does the City R-5, Residential / Professional Office. E. Size: The area proposed for annexation and zoning contains approximately 8.81 acres. F. Existing Land Use: The land use in the area is primarily single family residential along with some duplex town -homes. The golf course and clubhouse are part of the Glacier Village Greens development, but are not part of the area proposed for annexation. G. Adjacent Land Uses and Zoning: All of the area immediately surrounding Phases VI and VII proposed to be annexed are properties that are part of the Glacier Village Greens Development and is in the County with a zoning designation of R-5, Two Family Residential. H. General Land Use Character: The general land use character of this area surrounding the Village Greens development can be described as primarily residential, but with some non-residential uses that would generally be considered support services such as the church and school. The office uses have developed in the area over the past several years. I. Utilities and Public Services: All available public services and facilities will be provided to these properties at the same level of service as other properties similarly situated in the city limits. Sewer: City of Kalispell Water: Evergreen Water District Refuse: City of Kalispell or contract hauler available Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: School District #5 Fire: Kalispell Fire Department Police: Kalispell Police Department EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. Does the reouested zone comply with the Master Plana The property proposed for annexation is included in the Kalispell City -County Master Plan. The master plan map designates the Glacier Village Greens area as 2 Urban Residential. Staff is recommending that the Glacier Village Greens area be given a City zoning designation of R-4, Two Family Residential. The recommended zoning designation complies with the master plan for the area. Is the requested zone designed to lessen congestion in the streets? No significant increase in the impacts to the area will be created from annexing these properties into the city. The uses would be consistent with those anticipated in the area. Whitefish Stage Road is anticipated for an overlay between Idaho and West Reserve Drive in the spring of 2002. 3. Will the requested zone secure safety from fire, panic, and other dangers? No features on the property exist which would compromise the safety of the public. Any new construction would be required to be in compliance with the building safety codes of the City which relate to fire and building safety. Adequate access is available to accommodate emergency vehicles and life safety equipment. 4. Will the requested zone promote the health and general welfare? The proposed zoning classification will promote the health and general welfare by helping to promote the goals of the master plan for the area and encouraging compatible uses in the area. 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. Proposed development standards under the City R-4 zoning are similar to the existing County R-5 zoning. Will the requested zone prevent the overcrowding of land? The proposed zoning designation attempts to provide some consistency in the development standards that are currently in place and have governed the development of the area since its inception. The proposed zoning attempts to prevent the overcrowding of land by providing similar standards. 7. Will the requested zone avoid undue concentration of people? Minimum lot standards and use standards, as well as subdivision development standards, will avoid the undue concentration of people at the time future properties are developed. 8. Will the requested zone facilitate the adequate provision of transportation water, sewerage, schools, parks, and other public requirements? All public services and facilities are currently available or can be provided to the property. Services to the area will be provided on a basis that is consistent with all other properties inside the city limits. 9. Does the requested zone give consideration to the particular suitability of the Property for Darticular uses? The proposed zoning designation is generally consistent with the land use designations of the master plan and with the existing uses that have developed in the area. The zoning gives adequate consideration to the suitability of the land proposed for zoning. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is primarily single family residential and town - homes with some supporting uses such as the churches, school and neighborhood commercial under development in the area. The proposed zoning has attempted to create a residential designation for the Glacier Village Greens area similar to that which exists and under which the development was originally conceived. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the proposed zoning attempts to accommodate existing uses and providing the zoning that would accommodate the intended uses for the area in the future. 12, Will the requested zone encourage the most appropriate use of the land throughout the municipality? The proposed zoning is in substantial compliance with the Kalispell City County Master Plan and is intended to reflect the goals for the municipality as well as the immediate community. RECOMMENDATION: It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt Staff Report #KA-01-5 as findings of fact and forward a recommendation to Kalispell City Council to adopt R-4, Two Family Residential, upon annexation with an effective date of November 1, 2001. H: \REPORTS\... \KAD 1-5 4 PETITION NO.: PETITION TO ANNEX. AND NOTICE OF WITHDRAWAL FROM RUR3L 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 propem 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 1WQL4-P(x� 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 Cin 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 holders or owners of the above described propem. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. gef2cx Petitioner,Owner Date Petitioner/Owner Date Please return this petition to: Flathead Regional Development Office 723 51" Avenue East. Room 414 Kalispell MT 59901 Note: Exhibit A (legal description) must be attached for the petition to be valid. STATE OF MONTANA ) ss County of Flathead County On this _day of �I usG ��/ .before me. the undersigned, a Notary Pubhc: for' ...... the State of N[ontana, personally appeared akoqur tome to be the person whose name is subscribed to the for loins instrument and ackndw end ed,, ' to me that he/she executed the same. u . �O TA R/A ' 'yi ' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day abed Puam year in this certificate first above written. �//1�� yl ��•= Notary Publ' State of Montana Residing at Wk�£1�� 1' My Commission expires: 03 -st ^1-Oi 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 me 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 County of Flathead On this day of The State of Montana, personally appeared the Notary Public. State of Montana Residing at My Commission expires: before me. the undersigned, a Notary Public for and 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public. State of Montana Residing at My Commission expires _ _ _ F.i FILE NO.: CT-65251 H-329310 FEE: $125.00 SUBDIVISION OR PROPOSED SUBDIVISION: Glacier Village Greens Phase VI SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES: Sands Surveying FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described as follows: A tract of land situate, lying and being in the Northeast Quarter of the Southwest Quarter of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Commencing at the intersection of Ritzman Lane and Palmer Drive as shown on the Plat of Glacier Village Greens, Phase III (records of Flathead County, Montana); thence North 15'30'00" West, and along the centerline of said Palmer Drive, a--• distance of 30.00 feet to the True Point of Beginning of the tract of land herein described; thence leaving said centerline South 74'30'00" West, and along the Northerly R/W of said Ritzman Lane, 130.00 feet to a set iron pin; thence leaving said R/W North 15'30'00" West, 25.00 feet to a set iron pin and the P.C. of a 1,472.14 foot radius curve, concave Southwesterly, having a central angle of 07'00'00"; thence along an arc length of 179.86 feet to a set iron pin and the P.R.C. of a 965.09 foot radius reverse curve, concave Northeasterly (radial bearing North 67'30'00" East); thence Northwesterly, along said curve through a central angle of 18*56,071, an arc length of 318.95 feet to a set iron pin and the P.C.C. of a 3,630.00 foot radius compound curve, concave Northeasterly (radial bearing North 86'26'07" East); thence Northwesterly and Northeasterly, along said curve through a central angle of 04'53'38" an arc length of 310.05 feet to a set iron pin; thence South 88°40'15" East, 100-00 feet to a set iron pin; thence South 68'2114311 East, 64.05 feet to a set iron pin; thence Continued... FILE NO.: CT-65251 H-329310 Page 2 South 89'02'16" East, 100.00 feet to a set iron pin and the P.C. of a 3,370.00 foot radius curve, concave Northeasterly, (radial bearing South 89'02'16" East); thence Southwesterly and Southeasterly, along said curve through a central angle of 04'31'36" an arc length of 266.26 feet to a set iron pin and the P.C.C. of a 705.09 foot radius compound curve, concave Northeasterly (radial bearing North 86'26'07-- East); thence Southeasterly, along said curve through a central angle of 18'56.07", an arc length of 233.02 feet to a set iron pin and the P.R.C. of a 1732.14 foot radius reverse curve, concave Southwesterly (radial bearing South 67'30'00" West); thence Southeasterly, along said curve through a central angle of 07'00'00" an arc length of 211.62 feet to a set iron pin; thence South 15*30100" East, 25.00 feet to a set iron pin on said Northerly R/W of Ritzman Lane; thence South 74'30100" West, and along said Northerly R/W, 130.00 feet to the Point of Beginning. The above -described tract of land is to be known and designated as: Glacier Village Greens Phase VI (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues and other easements offered for dedication by said plat are: Glacier Village Greens, a Montana Corporation Village County Sewer District Glacier Bank, FSB (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county taxes for the year 2001, a lien not yet payable. General and special county taxes for the second half of 2000, a lien now payable. NOTE: General and special county taxes for the first half of 2000 and all prior years have been paid in full. NOTE: We are unable to determine the exact status of taxes until such time as the Flathead County Treasurer's Office has processed the latest tax payments. Continued... PETITION BEFORE THE CITY COUNCIL OF THE CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY COME NOW the undersigned and respectfully petition the City Council of the City of Kalispeil requesting city annexation of the following real property into the City of Kalispell and to remove the following real property from the Euvr2reo) Rural Fire District. The petitioner(s) requesting City of Kalispell annexation of the property described herein 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 within the rest of the municipality prior to annexation. 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 propertyrequested to be annexed. y Dated this 31Qf day of (at4e — , 1912. LEGAL DESCRIPTION OF PROPERTY TO HE ANNEXED: PROPERTY ADDRESS: phase AIL Glacier U r f l agP &POWNER Pnr, lac, OWNER PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE FILE NO.: CT-51281 FEE: $75.00 J-161483 SUBDIVISION OR PROPOSED SUBDIVISION: Glacier Village Greens, Phase VII SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES: Sands Surveying FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described as follows: A tract of land, situated, lying, and being in the Northeast Quarter of the Southwest Quarter of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Commencing at the intersection of Ritzman Lane and Palmer Drive as shown on the Plat of Glacier Village Greens, Phase III (records of Flathead County, Montana); thence South 74'30'00" West and along the centerline of said Ritzman Lane a distance of 85.13_ feet to THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: thence leaving said centerline - South 15'30100" East 160.93 feet to a set iron pin; thence South 79'31'47" West 261.01 feet to a set iron pin; thence South 76'16'53" West 130.06 feet to a set iron pin; thence South 74'30'00" West 106.69 feet to a set iron pin and the P.C. of a 934.00 foot radius curve, concave Northwesterly, having a central angle of 06'05'46"; thence along an arc length of 99.37 feet to a set iron pin; thence North 09*24.1411west 134.00 feet to the centerline of,said Ritzman Lane, which point is on a 800.00 foot radius curve, concave Northwesterly (radial bearing North 09'24'14" West); thence Southwesterly along said centerline and along said curve through central angle of 06*18140" an arc length of 88.12 feet; thence leaving said centerline North 03'05134" West 130.00 feet to a set iron pin; thence North 27'54'41" East 81.61 feet to a set iron pin; thence Continued... FILE NO.: CT-51281 PAGE: 2 J-161483 legal Continued: - North 23*581040 East 217.89 feet to a set iron pin; thence South 86*47,24" East 65.00 feet to a set iron pin; thence South 75'49111" East 71.76 feet to a set iron pin; thence South 10'53.04" East 143.60 feet to a set iron pin on the Northeasterly R/W of a 60 foot private road and utility easement known as Hogan Lane,'which point is on a 110.00 foot radius curve, concave Southwesterly (radial bearing South 32'05'41" West); thence Southeasterly along said R/W and along said curve through a central angle of 42*24,19" an arc length of 81.41 feet to a set iron pin; thence South 15'30100" East 99.44 feet to the centerline of said Ritzman Lane; thence North 74'30100" East and along said centerline 304.93 feet to the Point of Beginning. The above -described tract of land is to be known and designated as Glacier Village Greens, Phase VII. (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any%streets, roads, 'avenues and other easements offered for Glacier Village Greens, a Montana corporation, vested owners and Glacier Bank FSB as Mortgagee (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county taxes for the year 1997, a lien not paid. NOTE: General and special county taxes for the year 1996 and all prior years have been paid in full. (Affects: Premises and other property) NOTE: A Notice from Flathead County Treasurer's Office dated November 5, 1997, indicates that the amounts for 1997 taxes may not be accurate and a revision of taxes will be done in early 1998. NOTE: We are unable to determine the exact status of taxes until such time as the Flathead County Treasurer's Office has processed the latest tax payments. 2. Agreement executed by and between Julius Bruyer, George W. Hyde, Walter L. McPheeters and James W. McPheeters, as recorded July 14, 1906, in Book 54, Page 635, as Doc. No. 3491, records of Flathead County, Montana. Agreement modified by instrument recorded March 6, 1915, in Book 112, Page 332, as Doc. No. 697, records of Flathead County, Montana. Continued... I + 8 1+ R-5 �-o ON 133 ;; o �� a Imwy P� rZI Ar'l 5A 213 2 0 I 1231 I PARK I( Acid 2 VICINITY MAP GLACIER VILLAGE GREENS, INC. City Limits ANNEXATION AND INITIAL ZONING OF R-4, TWO FAMILY RESIDENTIAL FROM R-5, TWO FAMILY RESIDENTIAL (COUNTY JURISDICTION), EVERGREEN ZONING DISTRICT PWT DATE: 8/22/01 FILE # KA-01-5 SCALE I" = 500' HA&\aite\ka01-5.dwg