Resolution 5326 - Annexation - Gardner Investments Addition #405Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
F.ee°s3soo'a
Paula Robinson, Flathead county ni by NC 11/15/20088:09 AM
RESOLUTION NO, 5326
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS TRACTS 1, 1F9 69 6I AND LOTS 1 AND 2 OF THE
MERGENTHALER SUBDIVISION LOCATED IN SECTION 28, TOWNSHIP 28 NORTH,
RANGE 21 WEST, P.M,M,, FLATHEAD COUNTY, MONTANA; AND TRACT 7C AND
LOTS 4 AND 5 OF THE LOST CREEK SUBDIVISION LOCATED IN SECTION 33,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND
INCORPORATED HEREIN BY THIS REFERENCE, TO BE KNOWN AS GARDNER
INVESTMENTS ADDITION NO. 405; TO ZONE SAID PROPERTY IN ACCORDANCE
WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE
DATE.
WHEREAS, the City of Kalispell has received a petition from Gardner Investments, LLC, the
owners of properties located on the east side of Highway 93 south between the
intersection of .Highway 93 and Lower Valley Road and Highway 93 and Snowline
Lane, requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-08--05, dated September 30, 2008, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City B-5, Industrial/Commercial, with a PUD placeholder on
approximately 81.59 acres of land upon annexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said properties in accordance with Title 7,
Chapter Z, Part 46, Montana Code Annotated.
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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 Gardner Investments Addition No. 405.
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.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY of KALISPELL, THIS 17TH DAY OF NOVEMBER ZOOS.
ATTEST:
Theresa White
City Clerk
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EXHIBIT "A"
Tract 6 (Tract 1 of Certificate of Survey 17230
Beginning at the Northeast corner of the Northwest Quarter of the Southwest Quarter of Section
28, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, which is a found
iron pin; thence along the East boundary of said NW 114SW 114 South 00°09' 5 8" East 920.64 feet
to a found iron pin; thence South 30°50' 14" West 465.57 feet to a found iron pin; thence South
00°05'42" West 904.78 feet to a set iron pin; thence North 89054121" West 316.79 feet to a
found iron pin; thence
South 00006' 59" West 418.85 feet to a found iron pin on said South boundary of Section 28,
thence along said boundary North 89°54'21" West 60 feet to a found iron pin; thence North
00406'59" East 659.94 feet to a found iron pin; thence North 00°05'42" East 663.04 feet to a
found iron pin; thence
North 00'00' 15" West 659.95 feet to a found iron pin; thence North 89°59'07" East 21.57 feet to
a found iron pin; thence North 00' 16' 05' West 1933.54 feet to a found iron pin on the southerly
right of way line of a county road known as Lower Valley Road; thence along said right of way
line South 88°47'36" East 596.68 feet to a found iron pin; thence leaving said right of way line
South 00'09' 5 8" East 1260.51 feet to the point of beginning and containing 42.940 acres.
Tract 6I Tract 2 of Certificate of Survey 14830)
A tract of land situated, lying, and being in the Southwest Quarter of the Northwest Quarter
(SWI/4NWI/4) and in the North Half of the Southwest Quarter of Section 28, Township 28
North, Range 21 West P.M.M., Flathead County, Montana, and more particularly described as
follows;
Commencing at the Southeast corner of the Southwest Quarter of the Northwest Quarter of
Section 28, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, thence
along the East boundary of said SW 114NW 1 /4, North 00°09' 5 8" West 1260.51 feet to a found
iron pin on the Southerly right of way line of a county road known as "Lower Valley Road";
thence along said right of way line, North 8 8 °47' 3 6" West 5 96.6 8 feet to a found iron pin; thence
leaving said right of way, South 00' 16' 05" East 299.82 feet to a found iron pin and the True
Point of Beginning of the tract of land herein described; thence continuing South 00' 16' 05' East
1633.72 feet to a set iron pin; thence South 89°59'07" West 681.55 feet to a found iron pin on
the Easterly right of way of U.S. Highway No. 93; thence along said right of way, North
00°09'41" East 561.87 feet to a found iron pin; thence leaving said right of way South 89°54'26"
East 449.93 feet to a found iron pin; thence North 00°01'31" West 627.03 feet to a found iron
pin; thence North 00'17'05" West 450.50 feet to a found iron pin; thence South 88°46'51" East
224.96 feet to the Point of Beginning.
Tract 1 (Tract 2 of Certificate of Survey No. 6628)
A tract of land situated, lying, and being in the Southwest Quarter of the Northwest Quarter
(SWI/4NWI/4) of Section 28, Township 28 North, Range 21 West P.M.M., Flathead County,
Montana, and more particularly described as follows:
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Commencing at the Northwest corner of the Southwest Quarter of the Northwest Quarter of
Section 28, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, which is a
found iron pin; thence South 00°04'49" East, and along the West boundary of said
S W 114NW 1 l4, a distance of 30.01 feet to a point; thence South 8 8 °3 5' 00" East, 30.01 feet to a
point on the Easterly right of way line of U.S. Highway No. 93; thence South 00°04' 49" East,
and along the East right of way line of said Highway No. 93, a distance of 406.03 feet to a set
iron pin and the True Point of Beginning of the tract of land herein described; thence North
89°55'56' East, 468.82 feet to a set iron pin; thence South 00°05'00" East, 356.61 feet to a set
iron pin; thence South 89°57'30" West, 450.10 feet to a found iron pin on the Easterly right of
way line of said U.S. Highway No. 93, which point is on a 2,925.00 foot radius curve concave
Southwesterly, (having a radial bearing of South 89°36' 16" West); thence along said right of
way line in a Northwesterly direction through a central angle of 690' 52" with an arc length of
315.56 feet to a set iron pin; thence North 00°04'49" West, and continuing along said right of
way line, a distance of 41.56 feet to the Place of Beginning.
Tract 1F (Tract 1 of Certificate of Survey No. 6628)
A tract of land situated, lying, and being in the Southwest Quarter of the Northwest Quarter
(SWI/4NW1/4) of Section 28, Township 28 North, Range 21 West P.M.M., Flathead County,
Montana, and more particularly described as follows:
Commencing at the Northwest corner of the Southwest Quarter of the Northwest Quarter of
Section 28, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, which is a
found iron pin; thence South 00°04' 49" East, and along the West boundary of said
S W 114NW 114, a distance of 30.01 feet; thence South 8 8 °3 5' 00" East, 30.01 feet to a found iron
pin on the Southerly right of way line of the deeded county road known as "Lower Valley Road",
said point being the True Point of Beginning of the tract of land herein described; thence South
88°35'00" East, and along the South right of way line of said Lower Valley Road, a distance of
468.96 feet to a set iron pin; thence South 00°05'00" East, 393.87 feet to a set iron pin; thence
South 89°5556" West, 468.82 feet to a set iron pin on the Easterly right of way line of U.S.
Highway No. 93; thence North 00°04'49" West, and along the Easterly right of way line of said
Highway No. 93, a distance of 406.03 feet to the Place of Beginning.
Tra rt 7 C
That portion of the North Half of the Northwest Quarter of Section 33, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at the Northwest corner of said Section 33; thence along the North boundary line
of said Section 33, South 89°56'04" East 43.01 feet to a point on the East right of way line of U.
S. Highway No. 93, said point being the Point of Beginning; thence along the North boundary
line of said Section 33, South 89°56'04"East 1320.03 feet; thence South 00°03'56" West 330.00
feet; thence North 89°56'04" West 1320.03 feet to a point on the East right of way line of U. S.
Highway No. 93; thence along said right of way line North 00'04' 14" East 330.00 feet to the
point of beginning.
Excepting Therefrom; that portion conveyed to the State of Montana for public highway
purposes as granted in Deed recorded June 1, 1948 AND that portion lying within the right of
way of Highway No. 93 as disclosed in the Amended Judgment and Final order of
Condemnation to the State of Montana, Montana Department of Transportation, recorded
November 6, 2000, instrument No. 2000-311 W 14300, records of Flathead County, Montana.
Together with
Lots l and 2 of Merganthaler Sub in Section 28, Township 28 North, Range 21 west P.M.M.,
Flathead County, Montana
Lot 4 of Lost Creek Sub in Section 33, Township 28 North, Range 21 west P.M.M., Flathead
County, Montana
Lot 5 of Lost Creek Sub in Section 33, Township 28 North, Range 21 west P.M.M., Flathead
County, Montana EXCEPTING THEREFROM that portion of Lot 5 deeded to the Montana
Department of Transportation in Bargain and Sale Deed, recorded July 12, 1999, as Doc. No
1999-193-08510, records of Flathead County, Montana.
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