I4. Androes Annex (Reso 5824) and Zoning (Ord 1794)PLANNING FOR THE FUTURE
MONTANA
REPORT TO: Doug Russell, City Manager �k
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: KA-17-03 — Androes Annexation and Initial Zoning of R-2
MEETING DATE: August 7, 2017
BACKGROUND: A request from Herman and Sharon Androes to annex a .67 acre parcel into the
City and Zone the land City R-2 upon annexation. The property is currently within the County and
zoned County R-2. The applicant is requesting annexation so that they can access City sewer, which
is immediately adjacent to the property. The property is located at 465 Leisure Drive and can be
legally described as Certificate of Survey 1766 in Section 21, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing July 11, 2017, to consider the
request. Staff presented staff report KA-17-03 providing details of the proposal and evaluation. Staff
recommended that the Planning Board adopt the staff report as findings of fact, and recommend to
the City Council that the annexation and initial zoning request be granted.
There being no public comment, the public hearing was closed and a motion was presented to adopt
staff report KA-17-03 as findings of fact, and recommend to the Kalispell City Council that the
property be annexed with an a initial zoning of R-2. Board discussion concluded that the request was
appropriate, and the motion passed unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution
5824, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including
therein as an annexation certain real property described as Certificate of Survey 1766 in Section 21,
Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana.
It is also recommended that that the Kalispell City Council approve the first reading of Ordinance
1794, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning
Ordinance 1677, by zoning certain real properties described as Certificate of Survey 1766 in Section
21, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana to City R-2 Residential
in accordance with the Kalispell Growth Policy Plan -It 2035, and provide an effective date.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 5824
Ordinance 1794
Annexation and initial zoning Staff Report KA-17-03
Minutes of the July 11, 2017, Kalispell Planning Board
Application Materials
c: Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5824
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS CERTIFICATE OF SURVEY 1766 IN SECTION 21,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
TO BE KNOWN AS ANDROES ADDITION NO. 430; TO ZONE SAID PROPERTY IN
ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE
AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell received a petition from Herman and Sharon Androes, the
owners of certain real property described as Certificate of Survey 1766 in Section 21,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, of record
in the Clerk and Recorders Office, Flathead County, Montana, requesting the City of
Kalispell annex the territory into the City; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-17-03, dated June 28, 2017; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the
territory be zoned R-2, Residential, on approximately .67 acres of land upon
annexation into the City of Kalispell; 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 1. That all the real property described as Certificate of Survey 1766 in Section
21, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
of record Clerk and Recorders Office, Flathead County, Montana, be annexed
to the City of Kalispell and the boundary of the City is altered to so provide.
SECTION 2. 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 3. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell Zoning Ordinance.
SECTION 4. This Resolution shall be effective immediately upon passage 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 AUGUST, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ORDINANCE NO. 1794
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS CERTIFICATE OF SURVEY 1766 IN SECTION 21,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(CURRENTLY ZONED COUNTY R-2 (RESIDENTIAL) TO CITY R-2 (RESIDENTIAL)) IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY — PLAN IT 2035, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, Herman and Sharon Androes, the owners of the property described as Certificate Of
Survey 1766 in Section 21, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana, petitioned the City of Kalispell that the zoning classification
attached to the described tract of land, currently zoned County R-2, be zoned R-2,
Residential, on approximately .67 acres of land; and
WHEREAS, the property is located at 465 Leisure Drive; and
WHEREAS, the Androes' petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-17-03, in which the Kalispell Planning Department
evaluated the petition and recommended that the property as described above be
zoned R-2, Residential, pursuant to Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on July 11,
2017, and after considering the Staff Report #KA-17-03 as well as public comment
and discussion, recommended that the zoning be City R-2, Residential, pursuant to
Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-2, Residential, the City Council finds the recommendation of the
Kalispell City Planning Board to zone the property as R-2, Residential to be
compatible with the existing neighborhood and consistent with the Kalispell Growth
Policy — Plan It 2035 and adopts, based upon the criterion set forth in Section 76-3-
608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602,
the essential findings of fact of KPD as set forth in Staff Report No. KA-17-03.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by designating the
property described above as R-2, Residential, on approximately .67 acres of
land.
SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and
effect.
SECTION 3. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 21ST DAY OF AUGUST, 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ANDROES ANNEXATION
ANNEXATION AND INITIAL ZONING OF R-2 UPON ANNEXATION
STAFF REPORT #KA-17-03
KALISPELL PLANNING DEPARTMENT
June 28, 2017
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request
from Herman and Sharon Androes to annex a .67 acre parcel into the city limits with an initial
zoning designation of R-2 upon annexation. A public hearing has been scheduled before the
planning board for July 11, 2017, beginning at 6:00 PM in the Kalispell City Council Chambers.
The planning board will forward a recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION
A request from Herman and Sharon Androes to annex a .67 acre parcel into the city and Zone the
land city R-2 upon annexation. The property is currently within the county and zoned county R-2.
The property is currently developed with a single-family residence and appurtenant facilities. The
applicant is requesting annexation so that they can access city sewer, which is immediately
adjacent the property.
This report evaluates the application in accordance with state and local regulations. The annexation
request and initial city zoning classification will be reviewed in accordance with Section
27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the
provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The statutory
basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning
Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are discussed
relative to the itemized criteria described by 76-2-304, M.C.A.
A. Petitioner / Owner: Herman and Sharon Androes
465 Leisure Drive
Kalispell, MT 59901
B. Location and Legal Description of Properties: The property is located at 465 Leisure Drive
and can be legally described as Certificate of Survey 1766 in Section 21, Township 28 North,
Range 21 West, P.M.,M., Flathead County, Montana.
C. Existing Land Use and Zoning: The subject property is developed with a single-family
residence and appurtenant facilities. The zoning of the area to be annexed is county R-2 (One
family limited residential). This district is defined as "A district to provide for large -tract
residential development. These areas will typically be found in suburban areas, generally
served by either sewer of water lines."
D. Proposed Zoning: The proposed city R-2, residential zone, permits single-family residential
uses and a limited number of public and quasi -public uses. The zone also conditionally
permits churches, community centers, and 2 and 3-unit townhomes, and several other uses.
The minimum lot size requirement is 10,000 square feet, with a width of 70 feet. The
Kalispell Zoning Regulations state that the R-2 zoning district is "intended to provide
adequate lot areas for lower density residential development; should have good thoroughfare
access, and be in proximity to community and neighborhood facilities, i.e., schools, parks,
shopping areas, etc. This development will typically require all public utilities. This zoning
district would typically be found in areas designated as suburban residential on the Kalispell
Growth Policy Future Land Use Map."
E. Size: The subject property is .67 acres.
F. Adjacent Zoning:
North: City R-2
East: County AG-80 (Across river)
West: City R-2
South: County R-2
G. Adjacent Land Uses:
North:
Single-family
East:
Stillwater River
West:
Single-family
South:
single-family and vacant land
H. General Land Use Character:
The general land use category of the area can be described as a primarily single-family
residential development. There are still some undeveloped lots within the Leisure Heights
Subdivision and a large parcel of land to the southwest that also has a single-family residence.
This tract is surrounded by residential development and will likely be subdivided sometime in
the future.
I. Utilities and Public Services:
City water and sewer mains are both located within Leisure Drive at the properties northern
property line. The applicant is only requesting sewer service at this time. When annexed, the
developer will be required to pay the cost for the utility extension of the sewer line. The
design of the sewer extensions will be reviewed and approved by the Kalispell Public Works
Department prior to development.
Sewer:
City of Kalispell if annexed
Water:
Private well
Refuse:
Private
Electricity:
Flathead Electric Cooperative
Natural Gas:
Northwestern Energy
Telephone:
CenturyLink
Schools:
School District 5
Fire:
City of Kalispell if annexed
Police:
City of Kalispell if annexed
2
I. ANNEXATION EVALUATION
Compliance with the growth 1olicy
Two primary mechanisms for managing growth in the City of Kalispell exist which are to
rely on redevelopment and infill within the current city limits or annexation of outlying
areas. A goal of the growth policy is to provide a comprehensive, effective growth
management plan that provides for all the needs of the community, is adaptable to changing
trends and is attuned to the overall public welfare. Chapter 11, Infrastructure and Public
Services, contains the following goal and policy that are relevant to this particular
annexation request:
Goal:
1. Make public water and sewer available to areas that are in close proximity to
services.
Policy:
2. Annexation to the City of Kalispell should be required when water and sewer
services are extended to an unincorporated area to provide services for new
development.
In addition, to this cited goals, the city council adopted an annexation policy in 2011, with
a corresponding map as an addendum to the city's growth policy document. The purpose
of the annexation policy is to give the planning board, the council, and the development
community direction when property owners outside of the city limits are requesting
municipal services and annexation. The property proposed for annexation falls inside the
city's direct annexation boundary.
2. Municipal Services:
Municipal water and sewer mains are located within Leisure Drive bordering the property
on the north and can be readily extended by the applicant to serve the site.
The site is currently protected by the South Kalispell Rural Fire District and the Flathead
County Sheriff s office. The applicant has submitted a Notice of Withdrawal from Rural
Fire District. At the time of annexation, the property will be served by the Kalispell Fire
Department. The site lies approximately 2 miles from fire station 61 and is readily
serviceable by the city fire, police and ambulance services, all of which now respond to the
adjacent neighborhoods within the City of Kalispell.
Given the level of existing services available to and in place, annexation of the property
will not overburden the municipal services in place.
Distance from current city limits:
The subject property borders the city at its northern property line, thus annexation will
serve to be a logical expansion of the existing city limits.
4. Cost of services:
Once annexed to the city, full city services will be made available to the property owner. Any
necessary infrastructure associated with this development will be required to be constructed
in accordance with the City of Kalispell's Design and Construction Standards and any other
development policies, regulations or ordinances that may apply. If annexed, the property
owner will be extending and connecting to city sewer.
The analysis is only an estimate based on a variety of assumptions. The analysis does not
take into consideration changes in methods of assessment and estimated costs associated
with services. The information can only be used as a general estimate of the anticipated
cost of services and revenue.
The cost to serve the land proposed for annexation is shown in the attached cost of service
analysis — Initial Annexation. The property is currently developed within a single-family
residence. The total cost of services is estimated to be $1,748.00 per year. Based on the
city's taxation and assessment policies, the property will generate approximately $1,799.00
per year in total annual revenue to the city ($625.00 in taxes and $1,174.00 in assessments).
Based on this analysis, the annexation will be net gain to the city of approximately $52.00.
In addition, the city will collect approximately $5,757.00 in one-time impact fees.
II. INITIAL ZONING AND ZONE CHANGE EVALUATION BASED ON STATUTORY
CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings
of fact for the zone change request are discussed relative to the itemized criteria described by
76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently
zoned county R-2. The applicants are requesting city R-2. The Kalispell Zoning Regulations
state that the R-2 Zoning District is "intended to provide adequate lot areas for lower density
residential development; should have good thoroughfare access, and be in proximity to
community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. This
development will typically require all public utilities. This zoning district would typically be
found in areas designated as suburban residential on the Kalispell Growth Policy Future Land
Use Map."
Does the requested zone comply with the growth policy?
The Kalispell Growth Policy Future Land Use Map designates the subject property as
Urban Residential. The R-2 Zoning District would typically be found in the Suburban
Residential land use category, however, the R-2 Zoning District is the zoning given to the
surrounding city properties which are also within the Urban Residential land use category.
Additionally, he R-2 Zoning District falls within the maximum allowable density permitted
within the Urban Residential land use category; therefore, due to the surrounding
development pattern and density permitted by the zoning district the requested zone
complies within the growth policy.
4
2. Will the requested zone have an effect on motorized and non -motorized transportation
systems?
The requested zone will not have an effect on the motorized and non -motorized traffic. The
property is currently developed with a single-family residences and within the county R-2
Zone. The city R-2 zone and county R-2 Zone are comparable in density and allowable uses;
therefore no additional impacts to motorized and nonnotarized transportation systems would
be anticipated.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an emergency.
There are no features related to the property which would compromise the safety of the
public. All municipal services including police and fire protection, water, and sewer service
are available to the area.
4. Will the requested zone promote the public health, safetygeneral welfare?
The requested zoning classification of R-2 will promote the health and general welfare by
restricting land uses to those that would be compatible with the adjoining properties.
Will the requested zone provide for adequate light and air?
Setback, height, and lot coverage standards for development occurring on this site are
established in the Kalispell Zoning Ordinance to insure adequate light and air is provided.
6. Will the requested zone promote compatible urban growth?
The requested city R-2 Zoning District is similar to the existing R-2 county zoning. This
zoning district maintains and is compatible with the established land use pattern in this area
which is single-family residential development.
7. 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 to the property.
Does the requested zone give consideration to the particular suitability of the property for
particular uses?
The proposed R-2 Zoning District is consistent with the surrounding urban development of
the area. The R-2 Zone also gives due consideration of the suitability of this property for the
permitted uses in the zoning district, which in this area is single-family development.
5
9. Does the requested zone give reasonable consideration to the character of the district?
The proposed R-2 Zone is the same zone given to neighboring city residential development
and is consistent with the character of the area which has developed with single-family
residences.
10. Will the requested zone avoid undue concentration of people?
The R-2 Zoning District has a maximum density of 10,000 square feet per unit, which is an
anticipated amount of density within this area of the city and would not create an undue
concentration of people.
11. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the R-2 Zoning District will
promote compatible and like uses on this property as are found on other properties in the
area.
12. Will the requested zone encourage the most appropriate use of the land throughout the
municipality?
Urban scale residential development should be encouraged in areas where services and
facilities are available. In this case water and sewer lines are located immediately north of
the property. The proposed zoning is consistent with the growth policy future land use
designation and is compatible with current zoning in the immediate area.
RECOMMENDATION:
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff
Report #KA-17-03 as findings of fact and recommend to the Kalispell City Council that the property
be annexed and the zoning for the entire property be R-2 (Residential).
0
Planning Department- *""'
2011" Avenue East
Kalispell, MT 5 901 RECEIVED
Phone: (406) 758-7940
Fax: (406) 758-7739 JUN Q 5 201
www.kalispell.com/ylannina
KALISPELL PLANNING DEPAI TNIENT
PETITION FOR ANNEXATION AND INITIAL ZONING n
NAME OF APPLICANT: `' e l +� �� VL S
MAIL ADDRESS: / �✓ u� �i J
CITY/STATE/ZIP:_PHONE:
INTEREST IN PROPERTY: ,_ iJ vkr c
Other Parties of Interest to be Notified:
PARTIES OF INTEREST:
MAIL ADDRESS:
CITY/STATE/ZIP: PHONE:
INTEREST IN PROPERTY:
PLEASE COMPLETE THE FOLLOWING:
Address of the property: " 4 3— /, � t t u N-, 1 , t I � f : �� 04
Legal Description: C , 1 '% �
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac): 67 f9 C-
Current estimated market value -7 0, e7 n c? at 50% build out r
at 100% build out
Is there a Rural Fire Department RSID or Bond on this property Yes 'No
If yes remaining balance is $ x
The present zoning of the above property is: COC; /V '7 Y
The proposed zoning of the above property is: R �2—
State the changed or changing conditions that make the proposed amendment necessary:
ll r C ,� -0 'tit V,, Zt -4 1-,-.1 � " Q V
The signing of this application signifies that the foregoing irkformatioh 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 ins p ction during the annexation process.
61 •
(Applicant) (Date)
Return to:
Aimee Brunckhorst
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL 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 property 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 ,S-w`� <( i ( 42c (( Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotate 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 City 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 property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city fiom
providing solid waste services to this property for a minimum of 5 years from date of annexation.
Peti r/Owner Date
L4"X/ �/ 7
Petitioner/Owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
STATE OF MONTANA )
ss
County of Flathead County
On this 5774 day of ffUN 6�- , a20/1, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared H69- fAIJ -:�r Alq pRy e-5 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 ttiis certificate ti
0orcorr
KATHLEEN BOYCOTT NELSON
NOTARY PUBLIC for ft
State of Montana
SEAL
Redding at Kalispell, Montana
�9T 4P�e
My Commission Expires
FOF MON
February 9, 2018
ss
County of Flathead County
Notary Public, Public, State of Montana
Printed Name z--&&'-/ 60Vb,7r- IVazs-Al
Residing at -L,fsRz . i- Mdn�r .
My Commission expires:
On this6-7J day of jA j i av/7 , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared -SPAR e PJ 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.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
�kzovco)- KATHLEEN BOYCOTT]NELSONyTAR�
NOTARY PUBLIC
fState
of MontanSEAL Residing at Kalispell,
My Comm€ssion ExFebrua 9, 201
Notary Public, State of Montana
Printed NameM77tt e,� &yc.o 7r c s
Residing at pEty At0A..0rAAZA-
My Commission expires: c2l'7 ,�P-VltF
vas. •.tau%. +e.Cl{�.altl Leal property,
which does not exceed thirty (30) acres in area, situated in the
County of Flathead, State of Montana, particularly described as
follows: to -wit:
A tract of land situated, lying and being in l- the Northwest quarter of Section Twenty-one
(21), Township Twenty-eight (28) North, Range
Twenty-one (21) West, P.M.M., Flathead
County, Montana, and more particularly
described as follows to wit:
Commencing at the Northwest corner of Lot 11,
Block 3 of LEISURE SUBDIVISION of which
a plat or map is on file and of record
in the Clerk and Recorders office of
Flathead County, Montana, and being the
true point of beginning of the tract of
land being described; thence
North 63*23138" West, a distance of 66.68
feet to a nail set in the Blacktop of a
private access road; thence
North 45'51100" West, a distance of 124.00
feet to an iron pin; thence
North 52049100" East, a distance of 174.60
feet more or less to the low water of
the Stillwater River; thence in a
Southeasterly direction and along said
low water line,
South 28002140" East, a distance of 250.97
feet town iron pin on the Northerly
boundary line of Lot 11, Block 3 of
LEISURE SUBDIVISION; thence
South 89.5210011 West, a distance of 108.51
feet to the place of beginning and
containing 0.670 acres of land more or
less, all as shown on Certificate of
Survey No. 1766.
TOGETHER WITH: (1) All buildings, fixtures and
improvements thereon and all water rights, rights -of -way,
tenements, hereditaments, privileges and appurtenances thereunto
belonging, now owned or hereafter acquired, however evidenced,
used or enjoyed with said premises or belonging to the same; (2)
All right, title and interest hereafter acquired in or to any of
said premises, hereby also releasing, relinquishing and waiving
all exemptions, rights of dower and homestead, in or to said
premises, vested or inchoate; (3) All heating, air conditioning,
plumbing and lighting facilities, equipment and fixtures now or
hereafter installed upon or within said premises, used or proper
or necessary to constitute the said premises a habitable, usable
or operating unit - all of said property being designated and
deemed for the purposes of this instrument a part of the realty;
and (4) All of the rents, issues and profits of said premises,
SUBJECT, HOWEVER, to the right, power and authority hereinafter
conferred upon Beneficiary to collect and apply such rents
issues and profits; ,
June 9, 2017
Heenan Androes
465 Leisure Heights
Kalispell, MT
RE: Sewer Findings
Herman,
The purpose of this letter is to memorialize the findings for sewer service to your property at the
above listed address. Based on the record drawings for the sewer main, field inspection by city
crews, and survey data collected by engineering staff, I have determined that an extension of the
sanitary sewer main to satisfy the extension of services policy is not warranted.
Engineering analysis of the field data collected indicates an extension of the gravity sewer main
within the street to your far property line could not be constructed in accordance with the
Montana Department of Environmental Quality Standards for minimum slope and pipe cover.
An extension of the sanitary sewer main provides no practical benefit for growth to adjacent
properties which appear to require pressurized services to access the existing main. Therefore, if
your property is annexed, you will be permitted to connect to the sanitary sewer service currently
stubbed into your property with no additional requirement for extension of the sanitary sewer
main.
This finding is only applicable to sanitary sewer. If domestic water service is required, extension
of the water main may be applicable in accordance with the extension of services policy.
Connection to the sanitary sewer must be completed in accordance with the Rules and
Regulations Governing Sewer Service. In accordance with the current Rules and Regulations,
customers with city sewer service, but without city water service, shall have a water meter
installed as a basis for a sewer service charge. Please also be aware, once connected to the
existing sanitary sewer service, you are responsible for maintenance of the service, including
appurtenances and the tap at the main. Connection to the city sanitary sewer also requires
payment of sewer impact fees which are currently $5,757 for a single family home. Your
contractor will be required to obtain a right-of-way permit from this department prior- to work.
Sinc rely,
Keith "skins,
E
City Engineer
201 PAvenue East, P.O. Box 1997, Kalispell, MT 59903—Phone (406)758-7720— Fax (406)758-7831
www, kplispell.com