Resolution 5327 - RESCINDS RESOLUTION 5254 - Excludes Bay Ridge Estates from City Limits (De-Annexation)RESOLUTION NO. 5327
A RESOLUTION RESCINDING RESOLUTION 5254 PASSED BY CITY COUNCIL ON
JANUARY 7, 2005 THAT PROVIDED FOR. THE ALTERATION OF THE BOUNDARIES
OF THE CITY OF IALISPELL BY INCLUDING THEREIN AS AN ANNEXATION
CERTAIN REAL. PROPERTY, MORE PARTICULARLY DESCRIBED ON "EXHIBTT A",
LOCATED IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell received a petition from Bay Ridge Development, LLC, the
owners of property located at the northern end of Meadows Lane, which connects to
Three Mile Drive approximately one-fourth mile west of the intersection of Three
Mile Drive and Stillwater Road, requesting that the City of Kalispell annex the
territory into the City, and
WHEREAS, following review and recommendations by the Kalispell Planning Board and a report
thereby issued, the Kalispell City Council passed Resolution No. 5254 on January 7,
2008 approving said petition and annexed the property more fully described on
Exhibit "A" attached hereto, and
WHEREAS, the property was zoned City R.-3, Urban Single Family Residential, upon annexation,
and
WHEREAS, the City Council passed Resolution 5255, approving of the preliminary plat of Bay
Ridge Estates which included Condition No. 22 stating that "An all-weather water
storage tank shall be provided in a central location on the property (vicinity of Lot
3 6) holding a minimum of 5,000 gallons of water prior to annexation of the property
being recorded"; and
WHEREAS, Bay Ridge Development, LLC has not been able to comply with Condition No. 22 of
the Preliminary Plat and the resolution of annexation has therefore not been
recorded; and
WHEREAS, Bay Ridge Development, LLC, has now dissolved and the owners of property have
determined that they are not able to develop the property as they intended and have
made a formal request to the City of Kalispell to rescind the annexation; and
WHEREAS, as city taxes have not been collected from the property owner and no city services
have yet been provided, the City of Kalispell has the statutory authority within Title
7, Chapter 2, Part 46, Montana Code Annotated to rescind the annexation of this
property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY of
KALISPELL AS FOLLOWS:
SECTION I. That Resolution No. 5254 annexing all the real property as described
on Exhibit "A." to the City of Kalispell is hereby rescinded.
SECTION II. 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 17TH DAY OF NOVEMBER, 2008.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa 'White
City Clerk
EXHIBIT "A"
Tract 1
A Tract of land situated, lying and being in the Southwest 1/4 of the Southeast 1/4 and the
Southeast 1/4 of the Southwest 1/4 of Section 2, Township 28 North, Range 22 West, Principal
Meridian, Flathead County, Montana, more particularly described as follows:
Beginning at the Center -south 1/16 Corner of Section. 2; thence South 89°46'55" West a
distance of 323.94 feet to the thread of Spring Creek; thence along said creek the following
courses:
South 14033'02"
East a distance of 32.68 feet to a point;
South 40043'56"
East a distance of 29.29 feet to a point;
South 87039'38"
East a distance of 37.06 feet to a point;
South 1800243"
East a distance of 44.18 feet to a point;
South 62046'16"
East a distance of 10.68 feet to a point;
North 62°27'09"
East a distance of 11.25 feet to a point;
North 3202044"
East a distance of 29.73 feet to a point;
North 75021'04"
East a distance of 10.51 feet to a point;
South 53°58'07"
East a distance of 19.24 feet to a point;
South 0002146"
East a distance of 13.66 feet to a point;
South 52025'27"
East a distance of 23.63 feet to a point;
North 3503845"
East a distance of 34.32 feet to a point;
South 50°40'15"
East a distance of 17.55 feet to a point;
South 00°3358"
West a distance of 61.69 feet to a point;
South 34°26'35"
East a distance of 40.50 feet to a point;
South 30°41'28"
East a distance of 34.79 feet to a point;
North 86006'34"
East a distance of 28.46 feet to a point;
South 52°32'36"
East a distance of 25.52 feet to a point;
South 15°21'54"
East a distance of 62.04 feet to a point;
South 28051'16"
West a distance of 25.85 feet to a point;
North 82011159"
West a distance of 24.67 feet to a point;
South 56°40'06"
West a distance of 28.57 feet to a point;
South 14'02'08"
West a distance of 23.33 feet to a point;
South 16° 19'38"
West a distance of 43.24 feet to a point;
South 62"49'00"
West a distance of 17.65 feet to a point;
South 19°47'20"
West a distance of 19.43 feet to a point;
South 44°4449"
East a distance of 14.37 feet to a point;
South 08038'35"
West a distance of 34.86 feet to a point;
South 54030'15"
East a distance of 27.35 feet to a point;
South 2800041"
West a distance of 20.14 feet to a point;
South 86°49'50"
West a distance of 48.38 feet to a point;
South 46000'08"
West a distance of 80.71 feet to a point;
South 16°4255"
West a distance of 44.68 feet to a point;
South 09003'53"
East a distance of 39.87 feet to a point;
South 78027'10"
East a distance of 50.88 feet to a point;
South 01032'39"
East a distance of 14.18 feet to a point;
thence leaving said thread North 89°54'09" East a distance of 575.15 feet to a 5/8" rebar;
thence North 01 °02'33" East a distance of 661.27 feet to a 5/8" rebar; thence
South 89°4655" West a distance of 414.05 feet to the Point of Beginning.
Shown as Parcel A of Certificate of Survey No. 17120.
Tract 2
That portion of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, Section 2, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at the Northwest corner of the North 1/2 of the Southwest 1/4 of the Southeast
1/4; thence along the North line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4
North 89 °48' 21 " East 414.02 feet to the Point of Beginning; thence continuing along the
North line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 North 89°48`21" East
732.27 feet; thence South 34°09'48" West 370.78 feet to a point on a 100.00 foot radius curve
concave Southwesterly having a radial bearing of North 33°55'04" East; thence
Northwesterly along the curve thru a central angle of 32°51'29" 57.35 feet; thence
North 88056`26" West 475.33 feet; thence North 01°03'34" East 278.57 feet to the Point of
Beginning.
Shown as Parcel B of Certificate of Survey No. 14672.
Tract 3
That portion of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, Section 2, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at the Southwest corner of the North 1/2 of the Southwest 1/4 of the Southeast 1/4;
thence along the South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4
North 89051'28" East 406.74 feet to the Point of Beginning; thence continuing along the
South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 North 89051,28" East
575.59 feet; thence North 01°01'50" East 269.65 feet to a point on a 100.00 foot radius curve
concave Southwesterly having a radial bearing of North 8802546" West; thence
Northwesterly & Westerly along the curve thru a central angle of 90°30'40" 157.97 feet;
thence North 88°56'26" West 475.33 feet; thence South 01 °03'34" West 382.62 feet to the
Point of Beginning.
Shown as Parcel C of Certificate of Survey No. 14672.
Tract 4
That portion of the Southwest Quarter of Section 2, Township 28, Range 22 West, P.M.M.,
Flathead County, Montana, described as follows:
Beginning at the Southwest corner of the Northeast Quarter of the Southwest Quarter of
the Southeast Quarter of said Section 2, which point is also the Northeast corner of that
parcel described in instrument recorded in Boob 515, page 800, records of Flathead County,
Montana; thence along the east Line of the Northeast Quarter of the Southwest Quarter of
the Southeast Quarter North 00°43'00" East, a distance of 179.00 feet to a point; thence
West, a distance of 326.13 feet to a point; thence South 01 ° 10'40" West, a distance of 179.02
feet to the South line of the Northeast Quarter of the Southwest Quarter of the Southeast
Quarter; thence along the South line of the Northeast Quarter of the Southwest Quarter of
the Southeast Quarter, also being the North line and its westerly projection of the aforesaid
parcel, East, a distance of 327.57 feet to the Point of Beginning.
Shown as Parcel A of Certificate of Survey No. 6127.