Resolution 5257 - Annexation - Glacier Town Center Addition #401Return to:
Theresa White
Kalispell City Clerk
i PO Box 1997
r Kalispell, MT 59903
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Paula Robinson, Flathead County MT 6y NC 2/20/2008 9:43 AM
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,0� RESOLUTION NO. 5257
�r A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
Q � THE CITY OF KAI,ISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
r REAL PROPERTY, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" AND
� � LOCATED IN PORTIONS OF SECTIONS 19 AND 30 OF TOWNSHIP 29 NORTH, RANGE
N 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS GLACIER
9 TOWN CENTER ADDITION NO.401; TO ZONE SAID PROPERTY IN ACCORDANCE
d" WI'TH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE
� Q � DATE.
WHEREAS, Wolford Development Montana, LLC owns approximately 485.5 acres of real
property described within Exhibit "A" attached hereto and incorporated fully herein
by this reference, and included within assessor's 'tracts 2C, 2D, 6A, 1, 3, 4, 1 B, 1C,
,1CA, 1 E, 1F, 1G, 2C, 2CA and located in portions of Sections 19 and 30 of
_ Township 29 North, Range 21 West, Flathead County, Montana which currently has
Flathead County zoning classifications of B-2, General Business, SAG-10, Suburban
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Agricultural, SAG-S Suburban Agricultural and R-1 Suburban Residential; and
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WHEREAS,
the property is located above west Reserve Drive and spans the distance between
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Highway 93 North and whitefish Stage Road. The project site is generally bounded
by Glacier Memorial Gardens Cemetery, the Stillwater River, west Reserve Drive
and Sernitool along its southern boundary, Highway 93 Forth along it's western
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boundary, whitefish Stage Road along it's eastern boundary and a combination of
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state owned land and lands within the city and county along it's northern boundary;
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WHEREAS,
Wolford Development Montana, LLC filed all necessary documents and waivers to
petition. the City of Kalispell to annex the above described real property into the City
and receive initial zoning as required by state law; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, Amended Staff Report #KA-07-17, dated December 11, 2007; and
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Paula Robinson, Flathead County MT by NC 2(20/2008 9:43 AM
WHEREAS, the Kalispell City Planning Board properly noticed and held a Public Hearing on the
matter on November 27, 2007 and on December 11, 2007 and after considering all
written and oral public comment as well as all other evidence provided through the
above described staff reports recommended that the initial zoning be R-3 -Urban
Single Family Residential, R-4 -Two Family Residential, B-1-Neighborhood Buffer
District, and B-3 -Community Business, with two Planned Unit Development
overlays, upon annexation to the City of Kalispell; and
WHEREAS, the Kalispell City Council properly noticed and held a Public Hearing on the matter
on January 7, 2008 and received oral and written evidence from the public at that
time; and
WHEREAS, in making these findings of fact the Kalispell City Council considered the following
evidence:
a) Amended Kalispell City Planning office Staff Report KA-07-17, KPUD-07-6
and KPP-07-12
b) All application and other materials provided by applicant including letters
received by applicant from the Montana Department of Transportation dated
November 27, 2007 and November 28, 2007
c) Minutes of the Kalispell City Planning Board meetings and public hearing
dated 11/27/07 and 12/11/07
d) Submittal materials of Kalispell City Planning Board President Bryan H.
Schutt dated December 20, 2007
e) Response letter from CTA, applicant's agent, commenting on conditions of
approval for Glacier Center PUD and Preliminary Plat approval dated
November 27, 2007
f) All evidence, written and oral, provided by the public at the City Council
Public Hearing dated January 7, 2008
g) All other written evidence provided in public comment materials received in
to the City Clerk's office prior to 5:00 p.m. on January 22, 2008 including
the January 4, 2008 Montana Department of Transportation letter to
Representative Jon Sonju
h) All oral testimony provided at the "Public Comment" portion of the January
22, 2008 Kalispell City Council meeting
WHEREAS, the City of Kalispell finds it in the best interests of the City and its citizens to annex
the above described property in accordance with Title. 7, Chapter 2, Part .46, Montana
Code Annotated.
Now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That all the real property as described above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and
shall be known as Glacier Town Center Addition No. 401.
SECTION II. Upon the effective date of this Resolution, the City Clerk is directed
to make and certify under the seal of the City, a copy of the record of
these proceedings as are entered on the minutes of the City Council
and file said documents with the Flathead County Clerk and
Recorder.
From and after the date of filing of said documents as prepared by the
City Clerk, or on the effective date hereof, whichever shall occur
later, said annexed territory is part of the City of Kalispell and its
citizens and property shall be subject to all debts, laws and ordinances
and regulations in force in the City of Kalispell and shall be entitled
to the same privileges and benefits as are other parts of the City.
SECTION III. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall be effective immediately upon passage by the
City Council.
PASSEL] AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 22ND DAY OF JANUARY 2008.
.ATTEST:
Theresa White
City Clerk
-1
Pamela B. Kenne
Mayor
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Paula 0.obinaonr Flathead County MT by NC 2/30/3008 9:93 AM
LEGAL DESCRIPTION
Exterior Boundary of Parcels 1 through 11
rrrrrir..
As Detailed in Commitment For Title Insurance
Issued by: Chicago Title Insurance company
Order Number: CG-46420
Effective Date: March 14, 2007 at 8:00 AM.
A tract of land located in Sections 19 & 30, Township 29 North, Range 21 West,
P.M.,M., Flathead County, Montana, more particularly described as follows:
Beginning at the northeast corner of Section 30, Township 29 North, Range 21
West, P.M.,M., Flathead County, Montana; thence along the north line of said
Section 30, North 89°40'28" West, 687.81 feet to the northwest corner of that
parcel described in Document No. 200436509500, records of Flathead county,
Montana; thence along the west line of said parcel, and continuing along the
west line of that parcel described in Document No. 200221914230, records of
Flathead County, Montana, South 00012'44" East 1324.27 feet to the southwest
corner of the first above described parcel and the north line of the Southeast
Quarter of the Northeast Quarter of the above said Section 30; thence along the
south line of said parcel and the north line of said aliquot part, South 89042'14"
East 687.92 feet to the northeast corner of the Southeast Quarter of the
Northeast Quarter of said Section 30; thence along the east line of said aliquot
part, South 00' 13'02" East 1323.95 feet to the southeast corner thereof; thence
along the south line of said aliquot part, North 89042'18" Vilest 30.00 feet to the
westerly right-of-way line of Whitefish Stage Road, a sixty foot wide Declared
County Road; thence along said westerly right-of-way line of said Whitefish
Stage Road, North 00013'02" West 1032.35 feet to the northeast corner of that
parcel described in Document No. 200713611350, records of Flathead county,
Montana; thence along the north line of said parcel, South 89'07' 19" West
726.99 feet to the northwest corner of said parcel; thence along the west line of
said parcel, South 00° 12'59" East 1017.47 feet to the south line of the above -said
Southeast Quarter of the Northeast Quarter of Section 30; thence along the
south line of said aliquot part, North 89042'18" West 567.43 feet to the southeast
corner of _the . Southwest Quarter of the Northeast Quarter of the above -said
Section 30; thence along the south line of said aliquot part, North 89041'29" West
993.26 feet to the northwest corner of that parcel described in Document No.
9407612280, records of Flathead County, Montana; thence along the west line of
said parcel, South 00015'21 " East 1324.29 feet to the northwest corner of that
parcel described in Document No. 8430608100, records of Flathead County,
Montana; thence along the west line of said parcel, South 00' 15'21 " East
1294.33 feet to a point on the northerly right-of-way line of Vilest Reserve Drive
(Montana Highway Project No. RS 548-1(2)4); thence along said right-of-way line
of said West Reserve Drive, North 89044' 17" Vilest 330.86 feet to a point on the
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west line of the Southwest Quarter of the Southeast Quarter of the above -said
Section 30; thence along said west line of said aliquot part, North 00'15'40" vilest
694.72 feet to the northeast corner of that parcel described in Document No.
200119710190, records of Flathead County, Montana; thence along the north
line of said parcel, North 89°44'43" vilest 1383.36 feet to the approximate thread
of the Stillwater River; thence along said thread of said Stillwater River, the
following ten (10) courses:
North 51 °43'38" vilest 36.49 feet; North 75° 13'30" vilest 65.45 feet;
South 50°42'04 vilest 291.30 feet; South 75°30'07" Vilest 128.45 feet;
North 55032'34" West 100.35 feet; North 01 °07'27" East 92.74 feet;
North 48°20'43" East 191.54 feet; North 14048'53" East 122.29 feet;
North 12' 11'01 " West 142.46 feet; and North 22°22'01 "vilest 265.55 feet,
more or less, to the north boundary of Government Lot 4 of the above -said
Section 30; thence along said north boundary of said Government Lot 4, South
89°43'03" East a distance of 530.65 feet to the southwest corner of the Northeast
Quarter of the Southwest Quarter of said Section 30; thence along the west line
of said aliquot part, North 00023'28" West a distance of 1325.29 feet to the
southeast corner of Government Lot 2 of said Section 30; thence along the south
line of said Government Lot 2, North 89°42'28" West 933.90 feet to the southeast
corner of that parcel described in Document No. 200323114280, records of
Flathead county, Montana; thence along the south line of said parcel, North
89°42'28" vilest 319.63 feet to the easterly right-of-way line of U.S. Highway No.
93 (Highway Project F5-3 (32)115); thence along said easterly right-of-way line of
said highway the following four courses: North 04029'58" East 189.11 feet; North
00011' 13" East 340.08 feet; North 04034' 11 "vilest 60.20 feet; and North
00011'13" East 11.62 feet to a point on the south line of that parcel described as
Tract 6 in Document No. 200700026471, records of Flathead county, Montana;
thence continuing along the easterly right-of-way of said U.S. Highway 93 the
following three courses:
North 00° 11' 13" East 28.38 feet, North 13'36'03" vilest 41.31 feet, and North
00' 11' 13" East 591.75 feet to the northwest corner of the first above said parcel;
thence continuing along said easterly boundary of said highway right-of-way,
North 00011'13" East 64.13 feet to the south line of Government Lot 1 of the
above said Section 30; thence continuing in said Government Lot 1, through five
courses along the above said east boundary of U.S. Highway 93 right-of-way:
North 00" 11' 13" East 164.00 feet; North 14' 13'23" East 61.85 feet;
North 4° 'D "East 940.05. feet;... N arth:. '1.30-56-35" .West_6.1.8.9...feet,
and North 00010'44" East 100.60 feet to a point on the north line of the above
said Government Lot 1; thence along said north line of said Government Lot 1,
South 89041'25" East 1237.84 feet to the southeast corner of that parcel shown
as Tract 6 on certificate of Survey No. 4491, Records of Flathead County,
Montana; thence continuing in Section 19, Township 29 North, Range 21 west,
P.M.,M., Flathead county, Montana and along the east line of said Tract 6, North
00033'31 " West 660.25 feet to the southeast corner of that parcel shown as Tract
5 on the above -said certificate of Survey No. 4491; thence along the east line of
said Tract 5, North 00033'31 " West 660.25 feet to the southwest corner of that
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Paula Robinson, Flathead County MT by NC 3/10/3008 9:43 AM
parcel shown as Tract 8 on the above -said certificate of Survey No. 4491;
thence along the south line of said Tract 8, south 89°40'02" East 1327.80 feet to
a point on the west line of the Southwest Quarter of the southeast Quarter of
said section 19; thence along said west line of said aliquot part, North 00034'07"
West 5.45 feet to a point on the north line of said aliquot part; thence along the
north line of said aliquot part, and along the south line of that tract of land shown
on certificate of survey No. 3813, records of Flathead county, Montana, south
89053'08" East 1377.15 feet to the west line of that parcel described in Document
No. 200316211510, records of Flathead county, Montana; thence along said
west line of said parcel, South 00012'54" west, 34.20 feet to the southwest
corner thereof; thence along the south line of said parcel and continuing along
the south line of that parcel described in Document No. 200221414500, records
of Flathead county, Montana, south 89052'49" East, 1272.80 feet to the east line
of the southeast Quarter of the southeast Quarter of the above said section 19;
thence along the east line of said aliquot part, South 00037'31 " East 1303.19 feet
to the Point of Beginning.
The exterior boundary surrounding Tracts 1 through 11, as described above,
encompasses 485.481 acres of land.
SUBJECT TO those exceptions shown on commitment For Title Insurance,
issued by Chicago Title Insurance company, order number cG-48420, effective
date: March 14, 2007 at 8:00 AM.
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Paula Robinson, Flathead County MT by NC 2/10/300e 5:93 AM