Resolution 4605 - Modifying Boundaries of SID 3432 2 5 6 .
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Kalispell, Montana (the "City"), hereby certify that the attached resolution is a true copy of a
Resolution entitled: "RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT
NO. 343; MODIFYING THE BOUNDARIES OF THE DISTRICT" (the "Resolution"), on file
in the original records of the City in my legal custody; that the Resolution was duly adopted by
the City Council of the City at a meeting on March 19, 2001, and that the meeting was duly held
by the City Council and was attended throughout by a quorum, pursuant to call and notice of
such meeting given as required by law; and that the Resolution has not as of the date hereof been
amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting,
the following Council members voted in favor thereof:. Jim Atkinson, Don Counsell, William E.
Boharski, Randy &gnyon, Duane Larson, Fred Leistiko, Doug Scarff and Ron Van Natta; voted
against the same: none ; abstained from voting thereon: none; or were absent: Dale Haarr .
WITNESS my hand officially thi day of March, 2001.
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City Clerk
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RESOLUTION NO.4605
RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO.
343; MODIFYING THE BOUNDARIES OF THE DISTRICT
BE IT RESOLVED by the City Council ,his "Council") of the City of Kalispell (the
"City"), Montana, as follows:
Section 1. Passage of Resolution of Intention. This Council, on January 22, 2001,
adopted Resolution No. 4596 (the "Resolution of Intention"), pursuant to which this Council
declared its intention to create a special improvement district, designated as Special Improvement
District No. 343 (the "District") of the City, under Montana Code Annotated, Title 7, Chapter 12,
Parts 41 and 42, as amended, for the purpose of financing costs of certain local improvements
described generally therein (the "Improvements") and paying costs incidental thereto, including
costs associated with the sale and the security of special improvement district bonds drawn on the
District (the "Bonds"), the creation and administration of the District, the funding of a deposit to
the City's Special Improvement District Revolving Fund, and the establishment of a reserve
account securing the Bonds in the District fund.
Section 2. Creation of the District. After due notice and public hearing, this Council,
pursuant to Resolution No. 4602 (the "Resolution of Creation'), created the District on the terms
and conditions set forth in, and otherwise in accordance with, the Resolution of Intention. The
protests against the creation of the District or the malting of the Improvements filed during the
Protest Period and not withdrawn were found to be insufficient.
Section 3. Modification of District Boundaries. Following the adoption of the
Resolution of Creation, further consideration has been given to that portion of Heritage Way to
be newly created and extended into the District. Subsequent to the creation of the District, the
Director of Public Works, after taking into consideration various factors, including, without
limitation, the City's extension of services policy, found and determined that the Surface
Improvements relating to that portion of Heritage Way to be located in the District will specially
benefit only SID Lot No. 4 (as that term is defined in the Resolution of Intention). This Council,
concurring with such finding and determination, hereby finds and determines that the Surface
Improvements relating to that portion of Heritage Way to be located in the District specially
benefit only SID Lot No. 4. This finding and determination is consistent with the City's
extension of services policy regarding the extension of streets. The property identified in the
Resolution of Intention as SID Lot No. 5 is hereby removed from the District, and the boundaries
of the District are hereby redrawn and modified to exclude SID Lot No. 5. The map of the
District, as so modified, is attached hereto as Exhibit A and the boundaries of the District are
described on the attached Exhibit B. All references to "SID Lot No. 5" are hereby deemed
deleted from the Resolution of Intention and all references to "District" shall exclude SID Lot
No. 5. The owner of SID Lot No. 4 has consented by a separate writing to an increase in the
special assessment against SID Lot No. 4 in an amount equal to the total estimated special
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assessments previously scheduled to be assessed against SID Lot No. 5 and to pay, as due, the
amount actually assessed. Accordingly, the estimated total special assessments against SID Lot
No. 4 for the Surface Improvements alone is hereby increased to $550,689 (which amount
excludes estimated special assessments against SID Lot No. 4 for the Grading and Utility
Improvements, as that term is defined in the Resolution of Intention). The estimated special
assessments against other properties in the District remain unchanged, and except as expressly
set forth in this Section 3, the Resolution of Intention and the Resolution of Creation remain
unchanged and in full force and effect.
Section 4. Findings and Ratification. The findings and determinations made in the
Resolution of Intention and the Resolution of Creation are hereby ratified and confirmed, as
expressly modified by Section 3.
PASSED AND ADOPTED by the City Council of the City of Kalispell, Montana, this
19th day of March, 2001.
Attest:
City Clerk
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WM.F-.Baharski
Mayor
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IELIMINARY DRAWINGS. 03/22/101, 13: 50: 49, BcOcO5B.dwg
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Exhibit B
Legal Description for the proposed Special Improvement District No. 343, City of Kalispell,
Flathead County, Montana.
Situated in- Government Lots No.s 0',7,13,14 and the SW 1/4 of Section 6, T28N R21W, P.M.,M.,
Flathead County and being more particularly described as follows:
Beginning at the southwest corner of Tract 7E+ as shown in Flathead County Recorders Records
and also being on the easterly right of way line of U.S. Highway No. 93;
Thence northwesterly along the westerly Iine of said Tract and along said easterly right of way
line of U.S. Highway No. 93 to the northwest corner thereof;
Thence in an easterly direction along the northerly line of said Tract 7E+, leaving said easterly
right of way line of U.S. Highway No. 93, to the westerly line of a Tract of land known as Lot 1
amended, Lot 2 amended, and Lot 2 amended resubdivision of Simmons Addition No. 78, as
shown in Flathead County Recorders Records;
Thence northerly along westerly and southerly lines of said Tract to the southerly right of way
line of North Meridian Road;
Thence easterly along the southerly right of way line of North Meridian Road to the northeast
corner of said Tract, said point also being on the westerly right of way line of Windward Way;
Thence southerly along the westerly right of way line of Windward Way and the easterly line of
said Tract to the northerly right of way Iine of Sunnyview Lane and the southeast corner of said
Tract;
Thence easterly along the northerly right of way line of Sunnyview Lane to the southwest comer
of Lot 5 of the Amended Plat of the Resubdivision of Simmons Addition No. 78 as shown in
Flathead County Recorders Records, said point also being on the easterly right of way line of
Windward Way;
Thence northerly along the westerly line of said Lot 5 and along the easterly right of way line of
Windward Way to the northwest corner of said Lot 5;
Thence easterly along the northerly line of said Lot 5, leaving the easterly right of way line of
Windward Way} to a westerly line of Tract 5ABM as shown in Flathead County Recorders
Records;
Thence northerly along said westerly line of Tract 5ABM to the northeast corner of that tract of
land known as Lot 1 of Heritage Place, First Addition, as shown in Flathead County Recorders
Records;
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Thence westerly along the northerly line of said Tract to northwesterly corner thereof, said point
also being in the easterly right of way line of Windward Way;
Thence northerly along said easterly right of way line of Windward Way and a westerly line of
said tract 5ABM, to the most northerly corner of said Tract, said point also being a southerly
corner of a Tract of land known as Buffalo Commons Phase 1, as shown in Flathead County
Recorders Records;
Thence southeasterly along northerly and easterly lines of said Tract 5ABM, leaving said easterly
right of way line of Windward Way, to the northerly right of way line of Sunnyview Lane, said
point also being in the westerly right of way line of Glacier View Drive;
Thence easterly along the northerly right of way line of Sunnview Lane to its point of intersection
with the northerly extension of the easterly line of a Tract of land known as the Amended Plat of
Flathead Health Center as shown in Flathead County Recorders Records;
Thence southerly and westerly, along the easterly and southerly lines of said Flathead Health
Center Tract, and the easterly right of way line of Clairmont Street and the northerly right of way
line of Conway Drive, to the southeast comer of Lot 2 of the Resubdivision of Kalispell
Medical Arts Addition No. 35 as shown in Flathead County Recorders Records;
Thence westerly along said southerly line of said Lot 2, and the northerly right of way line of
Conway Drive, to the southwest corner thereof, said point also being the southeast comer of Lot
1 of the Resubdivision of Kalispell Medical Arts Addition No. 35 as shown in Flathead County
Recorders Records;
Thence northerly along the westerly line of said Lot 2, leaving the northerly right of way line of
Conway Drive, to the southeast corner of Tract 7EF as shown in Flathead County Recorders
Records;
Thence westerly along the southerly line of said Tract 7EF to the southeast comer of Tract 7EU
as shown in Flathead county recorders records;
Thence westerly along the southerly Iine of said Tract 7EU to the southwest comer thereof, said
point also being in the easterly right of way line of U.S. Highway No. 93;
Thence northerly along the westerly line of said Tract 7EU and the easterly right of way line of
U.S. Highway No. 93 to the point of beginning. The purpose of this Legal Description is to
describe the boundaries of the proposed Special Improvement District No. 343 and was written
from information gathered of Tracts of record of Flathead County Recorders Records and does
not constitute a boundary survey.
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