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Resolution 5335 - Annexation - Siderius Addition #407Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 11111IIVIIIIIIIINIIII Fes;°;�aoo'= � Paula Robinson, Flathead Count, M, by NC z,�o,zoo9 3:49 PM E (�3 RESOLUTION NO. 5335 WHEREAS, the City of Kalispell has received a petition front. the Siderius Family Limited Partnership, Josephine R. Siderius Living Trust Jo Lynn Yenne Patricia A. Sanders P P g y � , Raymond B. Siderius, and Linda L. Siderius, the owners of properties located on the west side of Highway 93 South between Cemetery Road and Ashley Meadows Road, ' [HEREAS, requesting that the City of Kalispell annex the territo into the City, and ry y the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA.-08-03, dated January 6, 2009, and 0© HEREAS, the Kalispell City Planning Board and zoning Commission recommended that the territory be zoned City B-2, General Business, with a PUD placeholder, and RA- 1 Q Low Density Residential Apartment, with a PUD placeholder, on approximately 207 acres of land upon annexation into the City of Kalispell, and ILHEREAR, the City of Kalispell desires to annex said properties in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. Q IIIIIIIIIIII a° of Fees: �za.00 Paula Robinson, Flathead County MT by NC 2/10/2009 3:49 PM 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 Siderius .Addition No. 407. 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 Clem, 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 KALIS PELL, THIS 2ND DAY OF FEB R.UARY, 2009. ATTEST: ....... . ....... Theresa White City Clerk Pamela B. Kennedy Mayor %1 ZOO F� f a 2 , RTE � ONT, M : �,OF IIIIINIIII oaa.°,°�a°= Paula Robinson, Flatheatl County MT by Nc 3/10/2009 a q9 PM XHIBIT "A" iderius Commons Annexation Parcel Descriptions A tract of land situated, lying and being in the south half of the northeast and in the southeast quarter of Section 29, and in the north half of the northeast quarter of Section 32, all in Township 28 North, Range 21 west, P.M.M., Flathead County, Montana, and more particularly described as follows: Tract 1 of Correction Certificate of Survey No.17744: Beginning at the southwest corner of the SE 114 of Section 29, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana, which is a found aluminum monument; 'Thence N00° 19' 14"w 332.53 feet to a found iron pin on the southwesterly right-of-way of the old Burlington Northern Railroad; Thence S41 °46'31 "E along said right-of-way 2221.73 feet to a found iron pin on the south boundary of the NE1I4NE 1I4 of Section 32, Township 28 North, Range 21 west, P.M.M.; Thence N89043'36"w 162.55 feet to a found iron pin being the southeast corner of the NW 114NE 1/4 of said Section 32; Thence N89°48'24"w 1313.07 feet to a found iron pin being the southwest corner of said NW 1I4NE 1l4; Thence N00°06'58 "w 1319.16 feet to the point of beginning, containing 27.954 acres more or less. Also: Commencing at the southwest corner of the SEI/4 of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, which is a found aluminum monument; Thence N00° 19' 14"w 332.53 feet to a found iron pin on the southwesterly right -of way of the old Burlington Northern Railroad; Thence N00°20' 14"w 150.97 feet to a found iron pin on the northeasterly right- of-way of the old Burlington Northern Railroad and the TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence N00° 18' 19"w 2160. 10 feet to a found iron pin being the southwest corner of the SW 1I4IE114 of said Section 29; Thence S89°44'40"E 1352.40 feet to a found fence post; Thence Noo°21'14"w 1288.17 feet to a found iron pin on the south right-of- way of a 60 foot declared county road known as Cemetery Road; Thence N89°42'07 "w along said right-of-way 1351.96 feet to a found iron pin on the west boundary of said Sw II4NE 114; Thence N00020'01 "w 30.00 feet to a found iron pin being the northwest corner of said Sw 114NE I/4; Thence S 89"42'23 "E along the north boundary of the SlI2NE 1/4 of said Section 29 a distance of 2057.73 feet to a found iron pin; 'Thence Soo°01'31 "E 3447.47 feet to a found iron pin; Thence N89°45'40"w 699.89 feet to a found iron pin; Thence Soo° 12'49"E 409.27 feet to a found iron pin; Thence S8905228"w 20.00 feet to a set iron pin; Thence Soo° 12'58"E 104.05 feet to a found iron pin being the northeast corner of the Nw 114NE 1 /4 of Section 32, Township 28 North, Range 21 West, P.M.M.; Thence S00009' 17w 987.57 feet to a found iron pin on the northeasterly right-of- way of the old Burlington Northern railroad; 'hence N41 °46'41 "w along said right-of-way 1980.36 feet to the point of beginning, containing 145.610 acres more or less; for a grand total of 173.564 acres more or less. IIIINIIIAIIIVIIIIIIII�IIIBIIIVIIIIIIIIdIIIVIIInIIIVIIIIIIIIMIIIAIIIVIIIhllll oee°<a,<5'= Fees:$28-00 Paula Robinson, Flathead caunry Mr by xc 1/10/3009 3:49 PM Together with: A tract of land in the SE1/4SE1/4 of Section 29, Township 28 North, Range 21 west, P.NI.M., Flathead County, Montana, described as follows: Marcel A. of Certificate of Survey No. 8369: Commencing at the southeast corner of said SE114SE114 of Section 29; Thence N89'44'36"w along the south boundary of said SE 114SE 114 a distance of 77.55 feet to the west right--of-way boundary of U.S. Highway 93; Thence N00°00'56"w along said right-of-way 104.00 feet to the northeast corner of Parcel 2 as shown and described on Certificate of Survey No. 5066 of records of Flathead County, Montana, said corner being the TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; Thence N89'44'36"w along the north boundary of said Parcel 2 and its extension thereof 1222.27 feet; Thence N00°12'40"w 409.55 feet; Thence S89°44'36"E 823.67 feet; Thence SD0°00'56"E 209.54 feet to the northwest corner of Tract 1 as shown and described on Certificate of Survey No. 6048 of records of Flathead County, Montana; Thence S 89°44'36 "E along the north boundary of said Tract 1 a distance of 400 feet to said west right-of-way of U.S. Highway 93; Thence S00°00'56"E along said right-of-way 200 feet to the point of beginning, containing 9.574 acres more or less. Together with Lots 3,4 and 5 of ASHLEY BUSINESS PARK A. D L13 5 & ACID L.4 A MD located in the El/2 of the NE 114 of Section 29, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana.