Resolution 5766 - ROI - Exclude Land - MT Chip & TrippelRESOLUTION 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 1AE 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 1 ST DAY OF AUGUST, 2016.
ATTEST:
_v:' Cj
Ain4ee Brunckhorst'IAC �q
City Clerk :� 40NI P
EXHIBIT "A"
Mark John
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 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.
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. 1841.9
(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 L
City Clerk
Publish: August 7, 2016
August 14, 2016