H2. Resolution 5766 - ROI - Exclude LandPlanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Doug Russell, City Manager r i�
FROM: PJ Sorensen, Planner
SUBJECT Resolution of Intent to Exclude Land
Montana Chip Partners/Kraig Trippel
MEETING DATE: August 1, 2016
BACKGROUND: The subjects of this action are two adjoining parcels located near the western
end of West Montana Street and to the north of the railroad tracks. One of the parcels is in the city.
It is owned by Montana Chip, LLC, and is used as a mini -storage facility. The second parcel is
owned by Kraig Trippel. It is in the county in an area wholly surrounded by the city. Please note that
while the land owned by Kraig Trippel is wholly surrounded by the city at this time, state law
prevents the city from simply annexing all of the Trippel property under the wholly surrounded
statues. A provision in MCA Section 7-2-4503(2) prohibits a city from forcibly annexing wholly
surrounded land used for industrial purposes. The property address of the second parcel is 66/68 8`h
Avenue West North, and can be described as Tract 1AE in Section 7, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana (Parcel 1 of Certificate of Survey 18419).
Approximately 15,742 square feet of the property will be added to the Montana Chip property
through a boundary line adjustment for the purposes of developing storm drainage facilities and an
equal amount will be added to the Trippel property. The applicants in the city would ultimately like
their 15,472 square feet of land that they are trading for annexed into the city so that all of their
ownership stays in the city. Mr. Trippel, whose entire tract now is outside the city, would like his
15,472 feet of newly traded land to be de -annexed so that he can keep his entire ownership outside
the city limits. The trade would also allow both properties the opportunity to square up their property
and make them more conforming to traditional lot design.
In order to accomplish the trade, there is a two -track process through the City. Although the
annexation and de -annexation are separate steps in the process, it is important to understand that, in
the bigger picture; they are part of the same deal and go hand -in -hand.
First, the property to be annexed needs to go through the process for annexation and initial zoning.
They have submitted their application and the public hearing was held at the Planning Board on July
12. The Board voted to recommend approval of the annexation and zoning. The second process is
the de -annexation (a/k/a "exclusion" of land under state statutes). This process is set forth in the state
statutes. In general terms, the Council begins the formal process by adopting a resolution of intent to
exclude land. If adopted, public notice is provided and there is a twenty (20) day comment period.
At the first regular Council meeting after the comment period expires, the Council will consider the
resolution to de -annex the property. We anticipate that the action for annexation and initial zoning
for the property coming into the City will be considered by Council at the same time.
RECOMMENDATION: It is recommended that the Kalispell City Council move to approve the
Resolution of Intent.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Not approve the Resolution of Intent, which would end the process to de -annex
the property and effectively terminate the proposed land swap.
ATTACHMENTS: Proposed Boundary Line Adjustment map & narrative
Resolution 5766
Petition to Exclude Land
Correspondence from Montana Chip Partners
Report compiled: July 22, 2016
c: Aimee Brunckhorst, Kalispell City Clerk
2
By:
2 Village Loop
Kalispell, MT 59901
(406) 755-6481
JOB NO:
DRAWING DATE.
REVISED:
FOR/OWNERS:
SCALE
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Proposed Boundary Line Adjustment
422904 Montana Chip, LLC & Tripple
MAY 4, 2016 In Gov't. Lot 4 SEC. 7, T.28N., R.21 W., P.M.,M.
JUNE 27, 2016 FLATHEAD COUNTY, MONTANA
MONTANA CHIP, LLC
KRAIG TRIPPEL
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TWO TRACTS OF LAND, SITUATED, LYING AND BEING IN GOVERNMENT
LOT 4 OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M.,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS TO WIT:
DESCRIPTION: PARCEL A (Montana Chip, LLC to Tripple)
BEGINNING at the northwest corner of Parcel 1 of Certificate of Survey No. 18419
(records of Flathead County), which is a found iron pin; Thence S13°41'08"E 77.00 feet
to a found iron pin and the point of curvature of a 468.30 foot radius curve, concave to
the northwest (radial bearing of S75°51'47"W); Thence southwesterly along a curve to
the right, through a central angle of 30°48'26", for an arc length of 251.80 feet to a set
iron pin; Thence N13°42'14"W 317.35 feet to a set iron pin; Thence N76°18'52"E 64.29
feet to the point of beginning and containing 15,472 Square Feet; Subject to and together
all appurtenant easements of record.
DESCRIPTION: PARCEL B (Tripple to Montana Chip, LLC)
Commencing at the northwest corner of Parcel 1 of Certificate of Survey No. 18419
(records of Flathead County), which is a found iron pin; Thence S76°18'52"W 64.29 feet
to a set iron pin; Thence S 13'42' 14"E 317.35 feet to a set iron pin; Thence continuing
S 13042' 14"E 188.10 feet to a set iron on the northerly R/W of the Burlington Northern
Santa Fe Railroad; Thence along said R/W S76° 17'46"W 207.11 feet to a found iron pin
on a 468.30 foot radius curve, concave to the northwest (radial bearing of N38°34'08"W);
Thence leaving said Railroad R/W northeasterly along a curve to the left, through a
central angle of 34°45'39", for an arc length of 284.11 feet to the point of beginning and
containing 15,472 Square Feet; Subject to and together all appurtenant easements of
record.
RESOLUTION NO.5766
A RESOLUTION OF INTENTION TO EXCLUDE CERTAIN TERRITORY FROM THE
CITY OF KALISPELL, UNDER THE PROVISIONS OF TITLE 7, PART 48, M.C.A.
(EXCLUSION OF LAND), COMPRISING A TRACT OF LAND MORE PARTICULARLY
DESCRIBED AS TRACT IAE IN SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA (PARCEL 1 OF CERTIFICATE OF SURVEY
18419), AND FURTHER DESCRIBED ON EXHIBIT "A", DIRECTING THE CITY CLERK
TO PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW, AND SETTING
A PUBLIC HEARING.
WHEREAS, two adjacent property owners, Montana Chip, LLC and Kraig Trippel, seek to
exchange portions of property located at the western end of West Montana Street,
through a boundary line adjustment, one parcel being outside the city, but wholly
surrounded by the city and the other parcel being in the city; and
WHEREAS, as an element of this transaction a petition has been made to annex a portion of the
property into the city and a petition has been made to exclude a portion of the
property from the city; and
WHEREAS, as further consideration in this petition to exclude property from the city, the
petitioner has agreed to abandon all use of its portion of private railway track
currently in place; and
WHEREAS, the City of Kalispell therefore desires to exclude the property from the city limits as
petitioned under the provisions of Title 7, Part 48 of the Montana Code Annotated
(Exclusion of Land) which includes certain specific notice and public hearing
requirements; and
WHEREAS, the Kalispell City Council finds that the petition to exclude the property was signed
by a qualified elector, that the territory is within and on the border of the corporate
limits, and the granting of the petition is in the best interest of the City of Kalispell
and its inhabitants and will not materially upset the symmetry of the City of
Kalispell; and
WHEREAS, the Kalispell City Council shall on the 6th day of September, 2016, hold a Public
Hearing, pursuant to MCA 7-2-4807, to hear all persons and things relative to the
proposed exclusion of the territory as described above in accordance with the
Kalispell Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That it is the intention of the City of Kalispell that certain territory described
as Tract 1 AE and further described in Exhibit "A" is to be excluded from the
corporate limits of the City and the boundaries of the City be so altered so as
to exclude the same.
SECTION 2. That a public hearing shall be held to hear all persons and things relative to
the proposed exclusion of the territory as described above at 7:00 pm on the
6th day of September, 2016 in the Council Chambers, Kalispell City Hall,
201 First Avenue East, Kalispell, MT.
SECTION 3. The City Clerk shall immediately notify, in writing, all registered voters in
the territory to be excluded and publish a notice in the Daily Inter Lake, a
daily newspaper published at Kalispell, Montana, of this Resolution of
Intention pursuant to 7-1-4127 MCA, said notice also stating the time and
place set for the public hearing on the proposed exclusion.
SECTION 4. The City Council, after considering all of the evidence, may adopt a
resolution approving the exclusion and the boundaries of the City shall
thereby be altered to exclude the property as described.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS I ST DAY OF AUGUST, 2016.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
EXHIBIT "A"
Mark Johnson
Mayor
BEGINNING at the northwest corner of Parcel l of Certificate of Survey No. 18419 (records of
Flathead County), which is a found iron pin; Thence S 13'41'08"E 77.00 feet to a found iron pin and
the point of curvature of a 468.30 foot radius curve, concave to the northwest (radial bearing of
S75°51'47"W); Thence southwesterly along a curve to the right, through a central angle of
30°48'26", for an arc length of 251.80 feet to a set iron pin; Thence N 13°42' 14"W 317.35 feet to a
set iron pin; Thence N76° 18' 52"E 64.29 feet to the point of beginning and containing 15,472 Square
Feet; Subject to and together all appurtenant easements of record.
CITY OF KALISPELL
NOTICE OF INTENT TO EXCLUDE
AND NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council on August 1, 2016, passed Resolution
5766 declaring an intention to exclude from the city certain real property known as 66/68 8th Avenue
West North and more particularly described as follows:
BEGINNING at the northwest corner of Parcel 1 of Certificate of Survey No. 18419
(records of Flathead County), which is a found iron pin; Thence S 13'41'08"E 77.00
feet to a found iron pin and the point of curvature of a 468.30 foot radius curve,
concave to the northwest (radial bearing of S75°51'47"W); Thence southwesterly
along a curve to the right, through a central angle of 30°48'26", for an arc length of
251.80 feet to a set iron pin; Thence N13°42' 14"W 317.35 feet to a set iron pin;
Thence N76°18'52"E 64.29 feet to the point of beginning and containing 15,472
Square Feet; Subject to and together all appurtenant easements of record.
Said Resolution 5766 declares that it is in the best interest of the City of Kalispell and the
inhabitants thereof that said property be considered for exclusion. Exclusion of the property
described above from the city shall proceed under Title 7, Part 48 Montana Code Annotated.
NOTICE is further given that for a period of twenty (20) days after August 7, 2016, that date
being the first publication of this Notice in the Daily Inter Lake, the City Clerk will receive from the
owners of the territory proposed to be excluded expressions of approval or disapproval, in writing, of
the proposed alterations of the boundaries of the territory petitioned to be excluded.
The City Council of the City of Kalispell shall hold a public hearing on the 6th day of
September, 2016 at 7:00 p.m., in the Council Chambers, City Hall, 201 First Avenue East, Kalispell,
Montana and consider all communication received by the City Clerk pursuant to this Notice. After
considering the same, the Council shall proceed to hear and pass upon all protests and may duly and
regularly pass and adopt a Resolution approving the exclusion as described above. The time when
the said Resolution shall go into effect shall be fixed by said Resolution.
Aimee Brunckhorst, CMC
City Clerk
Publish: August 7, 2016
August 14, 2016
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.k-,ilisi)ell.com/plannin2
PETITION TO EXCLUDE LAND FROM THE CITY OF KALISPELL
NAME OF PETITIONER:1,ir�
MAIL ADDRESS: <} 4�i2 nztF' ti rEi rz -
CITY/STATE/ZIP:a
PHONE: Waft,5,t'P�
INTEREST IN PROPERTY:
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: '-J/1,
MAIL ADDRESS:
CITY/STATE/ZIP:
PHONE:
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property &S 44V 2 ' agE W.iJ S;99-)i
Legal Description: P�q-7C.cL' 1 1'9!�O
(Lot and Block of Subdivision; Tract #)
- Zz - 7 )
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Attach Exhibit B showing the present boundaries of the City of Kalispell in the vicinity of the land
to be excluded, along with the proposed boundaries.
List the streets, avenues, alleys, and public places, if any, in the area to be excluded, and specify for
each whether they are to be retained for the use of the public after the land has been excluded:
1-j /-
Land in area to be excluded (ac): 6
Current estimated market value T. Its -)00 at 50% build out '"/A
at 100% build out '
Is there any outstanding bonded indebtedness or any indebtedness of any improvement district of
which the land proposed to be excluded is a part? Yes No
If yes remaining balance is $ ` 1A
The present zoning of the above property is:
T- f CE14/
The proposed zoning of the above property is:
� CJG4+�i"`ti
State the changed or changing conditions that make the proposed amendment necessary:
The signing of this application signifies that the foregoing information is true and accurate based
upon the best information available and further grants approval for Kalispell Planning staff to be
present on the property for routine inspection during the annexation process. The Petitioner hereby
respectfully requests that the Kalispell City Council enact a resolution altering the boundaries of the
City of Kalispell and exclude the land herein described.
Co�2i %gaits
(Date)
2
WIDTU 157 N. Meridian Rd
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SECTION 7, T.28N., R.21 W.
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Date: June 29th, 2016
FilePath:1120161mailingst05272016
Kalispell Planning Dept.
0 225 450
Feet
Date:
May 20, 2016
To:
City of Kalispell
Planning Department
201 1st Ave. East
Kalispell, MT 59901
From:
Montana Chip Partners
157 N. Meridian Road
Suite 109
Kalispell, MT 59901
Subject:
Boundary Line Adjustment
Gentlemen,
We are requesting a Boundary Line Adjustment between Montana Chip Partners and Kraig
Trippel. The amount of land is 15,472 SF on both properties. This will allow both properties a
straight line configuration vs. the current curved line because of the rail road. This will require
annexation of 15,472 SF of property to Montana Chip Partners and deannexation of 15,742 SF
from Kraig Trippel.
At the time the main rail is removed and service suspended Montana Chip Partners will
abandon the current private rail line.
See the attached drawing for a clear picture of the Boundary Line Adjustment.
Than You,
J mes . T son
artner
Monta Chip Partners