Resolution 3187 - Subdivision - Buffalo Hill AptsRESOLUTION NO. 3187
A RESOLUTION TO APPROVE AS A SUBDIVISION OF THE CITY OF KALISPELL,
MONTANA, BUFFALO HILL APARTMENTS AND COMMERCIAL ADDITION NO. 84.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA:
SECTION 1. That pursuant to the petition of Brian T. Grattan,
filed with the City Council of the City of Kalispell, and the
submission to said Council by said petitioner of a plat reflecting
the survey and designation of that territory within the City of
Kalispell which said petitioner requests be approved as a sub-
division therein, and pursuant to those provisions of Chapter 38,
Title 11, R.C.M. 1947, as amended, that are applicable thereto
and the duly adopted and enforced subdivision regulations of the
City of Kalispell, the Council and Mayor do hereby approve that
said territory shall become and be a subdivision of the City of
Kalispell to be known as:
BUFFALO HILL APARTMENTS AND COMMERCIAL ADDITION NO. 84
SECTION 2. The Council has accepted, in accordance with Title
11, chapter 38, R.C.M. 1947, cash in lieu of park land require-
ments. It is ordered that the amount to be paid to the City in
lieu of the park requirement is $ , which shall be
deposited in the Park Fund of the City to be used according to
law.
SECTION 3. The City Council, in considering this request, has
found from the preliminary plat and evidence relating thereto,
that said subdivision is in the public interest, and in making
such finding, the Council has considred and weighed: (a) basis
of Deed for the subdivision; (b) expressed public opinion; (c)
effects on agriculture; (d) effects on local services; (e) effects
on taxation; (f) effects on wildlife habitat, and (h) effects on
the public health and safety.
SECTION 4. As a condition of said approval, however, petitioner
must agree to the following terms and conditions: (a) sewer and
water facilities in said subdivision shall be installed by the
owners to the specifications of and subject -to approval of the
City of Kalispell Director of Public Works and the State of Mont-
ana Department of Health; (b) the owners shall provide a waiver
of protest to creation of any and all.storm. drain system SIDs as
may be proposed including or effecting any portion of said sub-
division as well as the sale of bonds or assessments to pay the
costs thereof; such waiver shall run with the land and be binding.,
on the successors in interest to the parcels of said subdivision;
(c) that a strip 10' wide along Sunny View Lane and running the
full width of the property must be held in :reserve for further expan-
sion of said Sunny View Lane; (d) that the private streets in
said subdivision be paved and maintained to a full twenty-eight
(28) feet width; (e) an easement shall be reserved to the City for
maintenance and repair of sewer and water lines; in the repair
and maintenance of said sewer and water lines the City shall
only be responsible for the bedding, backfilling and compaction
of backfill one foot above the top of such sewer and water lines
�rith the property owners through their common association organ-
ization responsible for all additional backfilling, compaction,
landscaping and road repairs necessary to restore the area
excavated for such repairs and maintenance -to its original
condition; (f) fire hydrants or other fire protection
facilities in the area shall be installed by the owners as
may be required by the City of Kalispell Fire Chief; (q)
that the owners of lots within the subdivision or a (�ozinon
association of them shall hold all streets and common use
areas within the subdivision jointly and severally and same
shall be subject to all lawful taxes and assessments levied
against such areas; said owners or association shall also
be responsible for all damage that may occur to the shurbs,
trees or landscaping within the subdivision as a result of
reasonable use of City vehicles, such as fire and garbage
collecting trucks, within the subdivision; (h) the City
will not be responsible for any paving, snow removal, or
street striping, oiling, washing, sanding or sweeping or
traffic signing within the subdivision; (i) the City will be
responsible for garbage collection therein only in accord
with Section 11-526, R.C.M. 1947, as amended; (j) the
owners will take necessary steps to remove said area from
the Rural Fire District it is presently a part of.
SECTION 5. Upon the payment of the aforesaid amount ordered in
lieu of park dedication, and upon execution of the agreement as
outlined in Section 4 above, and upon proper filing of said plat
in the office of the County Clerk and Recorder of Flathead County,
Montana, said territory shall become and be a subdivision of the
City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY
OF KALISPELL, MONTANA, THIS 7th DAY OF JULY, 1978.
Norma E. Happ, Maylblu
ATTEST:
City C1 rk
Y/
1, the undersigned, City Clerk of the City of n, lispell ceTtify that the foregoing is a tr
copy of the Resolution duly ssed by -t]N-- Pity CounciA. of the City of Kalispell, Montana a
regular meeting held the day of _)�� , 19-2
CLA)-'i City Clork3of the City of Kalispell, Montana