Resolution 5371 - Resolution of Intent & Call for Public Hearing - Annexation of Wholly Surrounded PropertiesRESOLUTION NO.5371
A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF
KALISPELL, UNDER THE PROVISIONS OF TITLE 7, PART 45, M.C.A. (ANNEXATION
OF WHOLLY SURROUNDED LAND), COMPRISING TRACTS OF LAND, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", DIRECTING THE CITY CLERK TO
PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW, AND SETTING A
PUBLIC HEARING.
WHEREAS, in the judgment of the City Council of the City of Kalispell, Montana, it is in the best
interest of the City of Kalispell and the inhabitants thereof, that various tracts of land
wholly surrounded by the City of Kalispell and described in Exhibit "A", be annexed
to the City of Kalispell, so that the boundaries of the City of Kalispell would be
extended so as to include the same within the corporate limits of the City; and
WHEREAS, the City of Kalispell desires to annex the various tracts of land described in Exhibit
"A" into the City limits under the provisions of Title 7, Part 45 of the Montana Code
Annotated (Annexation of Wholly Surrounded Land); and
WHEREAS, the Kalispell City Council further finds that, pursuant to MCA 7-2-4503, none of the
described various parcels of property are in a use that would restrict the City's
authority to annex; and
WHEREAS, on the 6th day of November, 1995, the City Council adopted, pursuant to Title 7,
Chapter 2, Part 47 Montana Code Annotated, an Extension of Services Plan which
anticipated development of City services approximately five years in the future, said
Plan being amended on the 1st day of March, 1999 and again on the 20th day of
September, 2004, and
WHEREAS, the above described Extension of Services Plan meets the statutory requirements,
pursuant to MCA 7-2-4506 and MCA 7-2-4736, for a plan of provision of services to
the parcels of property proposed to be annexed; and
WHEREAS, after due and proper notice, as mandated by MCA 7-2-4312, the Kalispell City
Council shall on the 6th day of July, 2009, hold a Public Hearing, pursuant to MCA
7-2-4314, to hear all persons and things relative to the proposed annexation of the
territory described in Exhibit "A" in accordance with the Kalispell Zoning Ordinance,
in the event the territory is annexed to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That it is the intention of the City of Kalispell that certain territory
described in Exhibit "A" be annexed within the corporate limits of
the City and the boundaries of the City be so extended so as to
include the same.
SECTION II. That it is further the intention of the City of Kalispell that, upon
annexation, said property described in Exhibit "A" be zoned in
accordance with the Kalispell Zoning Ordinance, Ordinance No.
1460, as amended.
SECTION III. That a public hearing shall be held to hear all persons and things
relative to the proposed annexation of the territory described in
Exhibit "A" at 7:00 pm on the 6th day of July, 2009 in the Council
Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell, MT.
SECTION IV. The City Clerk shall immediately notify, in writing, all registered
voters in the territory to be embraced 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
annexation.
SECTION V. The City Council, after considering all of the evidence, may adopt a
resolution approving the annexation and the boundaries of the City
shall thereby be extended to include the property described in Exhibit
"A»
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 1S1 DAY OF JUNE, 2009.
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
AREA 8 - TRACT 6E, ASSESSOR# 0439950, DOCUMENT RECORDING NO.199821211550
A parcel of land in the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4) of Section 1,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly
described as follows:
Beginning at a point, the accepted Southwest corner of said Section 1; Thence North 67'43'20" East
a distance of 1432.19 feet to a point on the Westerly boundary of said Southeast Quarter of the
Southwest Quarter, the True Point of Beginning; Thence North 00'57'42" East along the Westerly
boundary of said Southeast Quarter of the Southwest Quarter a distance of 318.54 feet to a point;
Thence South 87'17'11" East a distance of 591.69 feet to a point; Thence South 5°36'29" West a
distance of 291.75 feet to a point; Thence South 89'59' 16" West a distance of 567.87 feet to the
True Point of Beginning.
AREA 9 - TRACT 5ABO, ASSESSOR# 0942654, DOCUMENT RECORDING NO.
199834516300
That portion of Lot 13, Section 6, Township 28 North, Range 21 West, Flathead County, Montana,
described as follows:
Beginning at the Southwest corner of Lot 4, Grand View Addition to Kalispell; then along the West
line of Lot 4, North 2°56'35" East 49.90 feet to the Southeast corner of that parcel described in Book
of Deeds 504, Page 193; then along the South line of said parcel South 88'58' 17" West 39.04 feet;
then South 3 ° 16' 32" West 49.79 feet to the Northwest corner of that parcel shown on Certificate of
Survey No. 1128; then along the north line of said parcel North 89'09'35" East 39.20 feet to the
Point of Beginning.
Together with:
Assessor# 0834460 - The West portion of Lot A of Grandview Heights Lots 2 & 3 Amd Assessor#
0978227 - The Northwest portion of Lot 2, Stotts Grand View
AREA 11- TRACT 24, ASSESSOR# 0409100, TRACT IA OF CERTIFICATE OF SURVEY
NO. 7945
A tract of land in the Southwest Quarter of the Northwest Quarter of Section 8, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows:
Commencing at the northwest corner of said Southwest Quarter of the Northwest Quarter; Thence
South 00°48'31" West along the west line of said Southwest Quarter of the Northwest Quarter,
453.52 feet, to the point of beginning of the tract herein described; Thence continuing South
00'48' 317 West along the west line of said Southwest Quarter of the Northwest Quarter, 154.59 feet
to a point on the north R/W line of California Street; thence North 76'49'03" East along the
northerly R/W line of California Street, 59.37 feet; thence North 13° 10' 57" West, 96.42 feet; thence
North 35°30' 11" West, 57.92 feet to the point of beginning and containing 0.127 acres of land.
AREA 12 - TRACT 30XA AND 30XAAA, ASSESSOR# 0321100, DOC RECORDING NO.
200013616390
A tract of land Southeast Quarter of the Northwest Quarter (SE1/4NW1/4) of Section 8, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as
follows:
Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast corner of
Block B of Duncan's Addition to Kalispell, Montana, according to the map or plat thereof on file and
of record in the office of the Clerk and Recorder of Flathead County, Montana, and which point is
situated on the continuation in a straight line and in an Easterly direction of the South boundary line
of Block B; thence North 13°42'00" West, a distance of 300 feet to the True Point of Beginning of
the tract hereby conveyed; thence North 76°18'00" East, a distance of 58 feet: thence South
13°42'00" East, a distance of 150 feet; thence South 7698'00" West, a distance of 58 feet; thence
North 13°42'00" West, a distance of 150 feet to the True Point of Beginning.
Together with:
Tract 30XAA and 30XC, Assessor# 0656750, Doc Recording No. 200800025017
A tract of land Southeast Quarter of the Northwest Quarter (SE1/4NW1/4) of Section 8, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as
follows:
Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast corner of
Block B of Duncan's Addition to Kalispell, Montana, and on a line which is the continuation of the
southerly line of said Block B; thence North 13°42'00" West 300 feet; thence North 7698'00" East
50 feet to the True Point of Beginning; thence North 7698'00" East 83 feet: thence South 13°42' 00"
East 150 feet; thence South 7698'00" West 83 feet; thence North 13°42'00" West 150 feet to the
True Point of Beginning.
Excepting therefrom:
Beginning at a point which is 289.8 feet distant in an Easterly direction from the Southeast corner of
Block B of Duncan's Addition to Kalispell, Montana, and on a line which is the continuation of the
southerly line of said Block B; thence North 13 °42' 00" West 300 feet; thence North 76' 18' 00" East
50 feet to the True Point of Beginning; thence North 769 8'00" East 8 feet: thence South 13°42'00"
East 150 feet; thence South 76°18'00" West 8 feet; thence North 13°42'00" West 150 feet to the
True Point of Beginning.
AREA 15
Multiple tracts of land in the Northeast Quarter of the Northeast Quarter of Section 13, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as
follows:
Assessor# 0011421 Doc Recording No. 200603216190; Tract AA of Lot 11, Hollister's Meridian
Tracts & Tract AA of Lot 12, Hollister Meridian Tracts
Assessor# 0767756 Doc Recording No. 200218312080; The East 132.5 feet of Lots 11 and 12 of
Hollister Meridian Tracts,
Together with:
Tract 11C - A tract of land located in the NE1/4NE1/4 of Section 13, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana, described as follows:
Commencing 30.00 feet west and 576.00 feet south of the Northeast corner of said Section 13, being
the Place of Beginning for the tract herein described: thence West a distance of 200 feet to a point;
thence South a distance of 80.00 feet to a point; thence East paralleling the North boundary line
thereof 200 feet of the West boundary of the County Highway; thence North a distance of 80.00 feet
along the West boundary of said highway to the Place of Beginning.
Assessor# 0624450 Tract 11E, Doc Recording No. 20043031110
A tract of land, situated, lying, and being in the Northeast Quarter of the Northeast Quarter of
Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more
particularly described as follows:
Commencing at northeast corner of the Northeast Quarter of Section 13, Township 28 North, Range
22 West, P.M.M., Flathead County, Montana; thence along the east boundary of said Northeast
Quarter, South 01 °09'46" West 663.43 feet; thence North 89°35'41" West 37.00 feet to a set iron pin
on the westerly R/W of Meridian Road, which is the True Point of Beginning of the tract of land
herein described: Thence along said R/W South 01 °09'46" West 79.94 feet to a set iron pin; thence
leaving said R/W North 89° 11'56" West 207.60 feet to a set iron pin; thence North 00° 10'48" west
78.50 feet to a set iron pin; thence South 89035'41" East 209.45 feet to the point of beginning and
containing 0.379 acres. (Tract 1 of Retracement Certificate of Survey No. 13395)
Assessor# 0134950 - The East 188.1 feet of Lot 13 of Hollister Meridian Tracts and Lot 4 of
Hollister Meridian Tracts
Assessor# 0134900 The East 188.1 feet of Lot 15 of Hollister Meridian Tracts and Tract A of Lot 14
of Hollister Meridian Tracts
Assessor# 0019625 - Tract 11DA, Doc Recording No. 200300214450
A tract of land, situated, lying, and being in the Northeast Quarter of the Northeast Quarter of
Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more
particularly described as follows:
Beginning at a point 30 feet West of and 816 feet South of the Northwest corner of Section 13;
thence West 200 feet; thence South 85 feet; thence East and parallel with the North boundary of said
tract herein described, a distance of 200 feet to the West boundary of Meridian Road; thence north
along the West boundary of said road, a distance of 85 feet to the Point of Beginning.
URXI U
Assessor# 0036450, (Tract 8NE, excepting the East 150 feet) Document Recording No.
200630413420
A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows:
Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence
North 89°33'00" West, along the north section line 363 feet to a point; thence South 13°21'00" East,
125 feet; thence South 76°39'00" west, a distance of 111.64 feet; thence North 13°21'00" West, a
distance of 152.90 feet, more or less, to the north line of said Section; thence North 89°33'00" west
along the section line, a distance of 56.30 feet to a point, which is 534.50 feet from the Northeast
corner of said Northeast Quarter of the Northwest Quarter; thence South 13°21'00" East, a distance
of 213.12 feet to a point; thence North 76°39'00" East, approximately 164 feet to a point; thence
North 13°21'00" West, a distance of 50.00 feet to the place of beginning.
Excepting therefrom a tract of land described as follows:
Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence
North 89°33'00" West, along the north section line 363 feet to a point; thence South 13°21'00" East,
125 feet; thence South 76°39'00" West, 111.64 feet to the place of beginning; thence North
13°21'00" West, 152.9 feet, more or less to the north line of said Section; thence North 89°33'00"
West, along the section line 56.3 feet to a point which is 534.5 feet from the Northeast corner of said
Northeast Quarter of the Northwest Quarter; thence South 13°21'00" East, 163.2 feet to a point;
thence North 76°39'00" East, approximately 56 feet to the place of beginning. (Tract 8NEA)
Further excepting therefrom the East 150 feet of the tract herein described.
Assessor# 0707490, (Tract 8NEA, excepting the East 38.36 feet) Document Recording No.
200800021001
A tract of land in the Northeast Quarter of the Northwest Quarter of Section 20, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence
North 89°33'00" West, along the north section line 363 feet to a point; thence South 13°21'00" East,
125 feet; thence South 76°39'00" West, 111.64 feet to the place of beginning; thence North
13°21'00" West, 152.9 feet, more or less to the north line of said Section; thence North 89°33'00"
West, along the section line 56.3 feet to a point which is 534.5 feet from the Northeast corner of said
Northeast Quarter of the Northwest Quarter; thence South 13021'00" East, 163.2 feet to a point;
thence North 76°39'00" East, approximately 56 feet to the place of beginning. (Tract 8NEA)
Excepting therefrom the East 38.36 feet of the tract herein described.
Assessor# 0431221, (Tract 5Z, excepting the West 150 feet) Document Recording No.
199817715210
A tract of land in the Southeast Quarter of the Southwest Quarter of Section 17, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at a point 1,098.00 feet Southerly from the Southwest corner of Block 248 of Kalispell
Townsite Company's Addition Number 7 to Kalispell, Montana, according to the recorded plat
thereof, records of Flathead County, Montana, at which point is on the line which is a southerly
continuation of the West line of said Block 248; thence Southerly, and along a line which is the
Southerly continuation of the West line of Block 248, a distance of 30.00 feet to a point; thence
Easterly at right angles, on a line parallel with the Southerly line of Fourteenth Street, a distance of
389.92 feet, more or less, to the West line of the Southwest Quarter of the Southeast Quarter of said
Section; thence North and along the west line of the Southwest Quarter of the Southeast Quarter, a
distance of 135.90 feet; thence Westerly, on a line parallel with the South line of Fourteenth Street, a
distance of 210.96 feet to the Point of Beginning of the tract to be herein described; thence Southerly
and parallel with the westerly line of said Block 248, a distance of 102.00 feet to a point; thence
Westerly, a distance of 210.96 feet, more or less to the point aforesaid as being 1,098.00 feet
southerly along the Southerly continuation of the West line of said Block 248; thence Northerly,
along the Southerly extension of the West line of said Block 248, a distance of 102.00 feet; thence
Easterly, and parallel with the South line of Fourteenth Street, a distance of 210.99 feet to the Place
of Beginning.
Excepting therefrom the West 150 feet of the tract herein described.
Assessor# 0779655 - Tract 3F, Document Recording No. 199824316120
A tract of land in the Northwest Quarter of the Northwest Quarter of Section 21, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows:
Commencing at the southeast corner of NW 1/4NW 1/4 of Section 21; thence North 00 10'00" West,
and along the easterly boundary line of said NW1/4NW1/4 30.0 feet to a point on the northerly
boundary line of Leisure Drive, thence North 4505l'00" West3 and along the northerly boundary line
of Leisure Drive, 348.32 feet to the true point of beginning of the tract of land being described;
thence North 4505l' 00" West, and along the northerly boundary line of Leisure Drive, 100.24 feet to
a point; thence North 40°12'00" East 226.43 feet to the center of the Backwater of the Stillwater
River; thence South 52030'00" East, and along the center of said Backwater, 100.13 feet to a point;
thence South 40°12'00" West, 238.34 feet to the point of beginning and containing 0.53 acres of
land, more or less.
AREA 22 — DOCUMENT RECORDING NO.200400216230
Assessor# 0972913 and 0976768 — Parcel B of Certificate of Survey No. 9057, Sky Harbor
Court Condo, Units 1 and 2 more particularly described as follows:
That portion of the NW1/4SE1/4 of Section 20, township 28 North, Range 21 West, Principal
Meridian, Flathead County, Montana, described as follows:
Commencing at the most northerly corner of that tract shown as Tract 1 on Certificate of Survey No.
7123, records of Flathead County, Montana, said corner being on the Southwesterly Right -of -Way
line of U.S. Highway No. 93; thence along said Southwesterly Right -of -Way line, South 32°50'29"
East, a distance of 101.84 feet to the Point of Beginning of the parcel being described; thence
continuing along the Southwesterly Right -of -Way line, South 32°50'29" East, a distance of 97.84
feet; thence South 57°06'30" West, a distance of 140.00 feet; thence North 32°47'54' West, a
distance of 98.03 feet; thence North 57°10'59" East, a distance of 139.93 feet to the Point of
Beginning.
Together with:
Assessor# 0976769 - Tract 7CEB - Tract 1 of Certificate of Survey No. 11304
A tract of land in the NW1/4SE1/4 of Section 20, township 28 North, Range 21 West, Principal
Meridian, Flathead County, Montana, more particularly described as follows:
Beginning at the most Northerly corner of that tract as shown as Tract 1 on Certificate of Survey No.
7123, records of Flathead County, said corner being on the Southwesterly Right -of -Way of U.S.
Highway No. 93; thence South 32°50'29" east along said R/W 101.74 feet to a found iron pin;
thence South 57°07' 14" west 139.93 feet to a found iron pin; thence South 32°48' 17" east 97.99 feet
to a found iron pin; thence South 57°06'30" West 58.42 feet to a found iron pin; thence North
32°50'27" West 97.95 feet to a found iron pin; thence South 57°03'48' west 149.33 feet to a found
iron pin; thence South 33°05'39" East 97.83 feet to a found nail; thence South 57°06'30" West
212.39 feet to a set iron pin; thence North 32°51' 16" west 100.06 feet to a found iron pin; thence
North 57°07'08" East 300.36 feet to a found iron pin; thence North 32°53' 10" west 99.69 feet to a
set iron pin; thence North 57°06'30" East 259.44 feet to the Point of Beginning.