Resolution 5104 - Allowing Cottonwood Estates to Connect to Evergreen Sewer DistrictRESOLUTION NO.5104
A RESOLUTION REGARDING THE DEVELOPMENT OF COTTONWOOD ESTATES
AND PROVISION OF MUNICIPAL SEWER SERVICES THERETO.
WHEREAS, Cottonwood Estates, LLC owner of that certain real property located outside
municipal boundaries and in Flathead County, Montana and more particularly
described in Exhibit "A", attached hereto and fully incorporated herein by this
reference. and hereafter referred to as "Cottonwood Estates", seeks to develop
said property to an urban density and therefore desires the services of a municipal
sewer; and
WHEREAS, pursuant to the terms of the interlocal agreement between the City of Kalispell
and the Flathead County Sewer District No. I., Cottonwood Estates has made its
request to the City of Kalispell for permission to connect to the Evergreen sewer
conveyance system; and
WHEREAS, Cottonwood Estates is located wholly outside the city limits of Kalispell and
wholly outside the Evergreen Sewer RSID boundaries but within such proximity
to the Evergreen sewer conveyance lines that it may be feasibly served by the
Evergreen sewer conveyance system; and
WHEREAS, by Resolution No. 5103 the City established an interim policy approving the
usage of the Evergreen sewer conveyance lines for properties outlying the
Evergreen RSID, such as Cottonwood Estates, so long as such usage does not
increase the total daily flow used by all such properties to more than 100,000
gallons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The Kalispell City Manager is authorized to give the City's permission to
Cottonwood Estates to connect to the Evergreen Sewer District so long as
the following conditions are met:
1. The sewer gallon flow requirements of the subdivision must not
increase the total daily flow through the Evergreen sewer conveyance
system used by all properties outlying the Evergreen RSID to more that
100,000 gallons per day; and
2. The landowner must agree to construct the sewer infrastructure in
compliance with City and Evergreen standards and with necessary stub -
out facilities to meet future connection requirements; and
3. The landowner must execute waivers of right to protest annexation
for all parcels; and
4. The landowner must enter into a developer's agreement with the
City of Kalispell in which the parties agree that the subdivision shall be
developed to City of Kalispell Urban Construction and Design Standards;
and
S. City of Kalispell and Evergreen must enter into an agreement
stipulating that in the event that the City of Kalispell ever serves the
subdivision with a separate sewer conveyance system, thereby severing
from the Evergreen sewer conveyance system, the ownership of lines
within the subdivision shall be conveyed to the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 27" DAY OF MARCH, 2006.
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
Cottonwood Estates
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 29 NORTH, RANGE 21
WEST, P.M.M, FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO WIT:
BEGINNING at the northeast corner of the Northwest Quarter of the Southeast Quarter of Section
34, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana: thence along the east
boundary of said NWl/4SE1/4 SOl°07'40"E 1345.23 feet to the south boundary of said
NW1/4SEI/4; thence along said south boundary S89°40'09"W 1303.04 feet to the easterly R/W of
a 40 foot County Road known as Helena Flats Road; thence along said R/W NOl°09'37'W 1182.59
feet; thence leaving said R/W N89°19'28"E 421.42 feet; thence N00°40'32"W 154.81 feet to the
north boundary of said NW I/4SEI/4; thence along said north boundary N89°19'28"E 880.98 feet to
the point of beginning and containing 38.400 acres; subject to and together with all appurtenant
easements of record.