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Resolution 5899 - Annexation - MT Base Camp8 Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page:iof3424 Debbie Pierson, Flathead County MT by TM 9/21/2018 8:39 Ali RESOLUTION NO. 5899 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 A TRACT OF LAND WITHIN PARCEL 10 OF COS 15617 AND AS FURTHER DESCRIBED ON EXHIBIT "A" IN SECTIONS 28 AND 32, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS MONTANA BASE CAMP ADDITION NO. 440, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell received a petition from Andrew Matthews, the owner of the above -referenced property, requesting 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-18-05, dated June 26, 2018; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the territory be zoned City B-2, Business, with a PUD overlay upon annexation into the City of Kalispell; and WHEREAS, the City of Kalispell desires to annex said 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 1. That all the real property described as a tract of land within Parcel 10 of COS 15617 and as further described on Exhibit "A" be annexed to the City of Kalispell and the boundary of the City is altered to so provide. SECTION 2. 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 3. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION 4. 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 4TH DAY OF SEPTEMBER, 2018. Chad Gr Council sident ATTEST: or- 4Aiee Brunckhorst, CMC City Clerk OnS'>.' SEAL c� 189,E xx EXHIBIT "A" Northern Parcel A tract of land within Parcel 10 of Certificate of Survey No. 15617, being situated in the SW'/4SEI/4 of Section 29, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as: Commencing at the southwest corner of the SE1/4 of Section 29, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, which is a found 83 mm diameter MDT aluminum monument; Thence North 03' 15' 12" East 332.50 feet along the property boundary of to the southern edge of the historic Burlington Northern Railroad right-of-way and THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED: Thence North 03' 15' 12" East 150.39 feet along the property boundary to the northeastern edge of the historic Burlington Northern Railroad right-of-way; Thence South 38' 12' 32" East 650.90 feet along the northeastern edge of the historic Burlington Northern Railroad right-of-way to the southern boundary of Section 29; Thence North 861 10' 17" West 134.57 feet along the southern boundary of Section 29 to the southwestern edge of the historic Burlington Northern Railroad right-of-way; Thence North 380 12' 32" West 447.67 feet along the southwestern edge of the historic Burlington Northern Railroad right-of-way to the point of beginning, containing 1.26 acres, more or less; Subject to and together with all appurtenant easements of record. Southern Parcel A tract of land within Parcel 10 of Certificate of Survey No. 15617, being situated in the NW1/4NE1/4 of Section 32, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as: Commencing at the southwest corner of the SEV4 of Section 29, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, which is a found 83 mm diameter MDT aluminum monument; Thence South 861 10' 17" East 296.43 feet along the northern boundary of Section 32 to the southwestern edge of the historic Burlington Northern Railroad right-of-way and THE TR UE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED: Thence continuing South 86' 10' 17" East 134.57 feet along the northern boundary of Section 32 to the northeastern edge of the historic Burlington Northern Railroad right-of- way; Thence South 380 12' 32" East 1,328.71 feet along the northeastern edge of the historic Burlington Northern Railroad right-of-way to the southern boundary of Section 29; Thence South 03' 42' 46" West 149.59 feet along the property boundary to the southwestern edge of the historic Burlington Northern Railroad right-of-way; Thence North 381 12' 32" West 1,530.13 feet along the northeastern edge of the historic Burlington Northern Railroad right-of-way to the point of beginning, containing 3.28 acres, more or less; Subject to and together with all appurtenant easements of record.