Resolution 3186 - Subdivision - Summit RidgeRESOLUTION NO. 3186
A RESOLUTION TO APPROVE AS A SUBDIVISION OF THE CITY OF KALISPELL,
MONTANA, SUMMIT RIDGE NO. 1, ADDITION 90.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA:
SECTION 1. That pursuant to the petition of J. Austin Miller, et
al, filed with.the City Council of the City of Kalispell, and the
submission to said Council by said petitioners of a plat reflect-
ing the survey and designation of that territory within the City
of Kalispell which said petitioners request be approved as a
subdivision therein, and pursuant to those provisions of Chapter
38, Title 11, R.C.M. 1947, as amended, that are applicable thereto
and the duly adopted and enforced subdivision regulations of the
City of Kalispell, the Council and Mayor do hereby approve that
said territory shall become and be a subdivision of the City of
Kalispell to be known as:
SUMMIT RIDGE NO, 1, ADDITION 90
SECTION 2. The City Council, in considering this request, has
found from the preliminary plat and evidence relating thereto,
that said subdivision is in the public interest, and in making
such finding, the Couiicil has considred and weighed: (a) basis of
need for the subdivision; (b) expressed public opinion; (c)
effects on agriculture; (d) effects on local services; (e)
effects on taxation; (f) effects on wildlife habitat, and (h)
effects on the public health and safety.
SECTION 3. As a condition of said approval, however, petitioners
must agree to the following terms and conditions: (a) sewer and
water facilities in said subdivision shall be installed by the
owners to the specifications of and subject to approval of the
City of Kalispell Director of Public Works and the State of Mont-
ana Department of Health; (b) Standard roadways shall be
dedicated but improvements of streets shall be to 44 feet width;
(c) land shall be dedicated for park as required; (d) the
"buffer" strip on the north side as proposed shall be deleted in
its entirety; (e) the owners shall provide a waiver of protest
to creation of any and all storm drain system SIDS as may be
proposed including or effecting any portion of said subdivision
as well as the sale of bonds or assessments to pay the costs
thereof; such waiver shall run with the land and be binding on
the successors in interest to the parcels of said subdivision;
(f) the owners shall participate in the costs of upgrading the
existing water main system serving said area up to one-half the
costs thereof but not more than Seven Thousand Five Hundred
Dollars ($7,500.00); (g) the City will furnish city garbage
collection services to said area only in accord with Section
11-526, R.C.M. 1947, as amended; (h) Lot 19 as described on
the preliminary plat will be modified and dedicated to the City
as a public street on the final plat, however same need not be
developed as a street by the owners. Said parcel will not be
used as a public street unless and until the area to the north
of instant subdivision is annexed to the City and at that time
the City or the owners of such newly annexed property will bear
the.costs of development of same as a public street.
SECTION 4. Upon preparation of a final plat in accord with the
foregoing conditions, and upon approval thereof as provided by
law and proper filing thereof in the office of the Flathead
County Clerk and Recorder, said territory shall be a subdivision
of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAY OF THE CITY
OF KALISPELL, MONTANA, THIS 7th DAY OF JULY 1 1978.
Norma E. Happ, Mayor
ATTEST:
City C ye r k
I, the undersigned
, City Clerk of the City of Kalispell certify that the foregoing
is a true copy of the Resolution duly passed by the City Council of the City of
Kalispell, Montana at a regular meeting held the 7th day of July 1978.
Acting CilSr Clerk of the City of Kalispell
V
- 2 -