Resolution 4158 - Resolution of Intent & Call for PH - Grandview AnnexationNo
RESOLUTION NO. 415BT
A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED
TERRITORY TO THE CITY OF KALISPELL DESCRIBED IN EXHIBIT "A", TO BE
KNOWN AS GRANDVIEW ADDITION NO. 256, TO FIX A DATE OF PUBLIC
HEARING THEREON, AND TO PROVIDE FOR DUE AND PROPER NOTICE OF
HEARING.
WHEREAS, certain real property as is more particularly
described in Exhibit "A", attached hereto and for purposes of this
Resolution made a part hereof, is contiguous and wholly surrounded
by the corporate limits of the City of Kalispell, and
WHEREAS, in the judgement of the City Council of the City of
Kalispell, Montana, it is in the best interest of the City of
Kalispell and the inhabitants of said contiguous and wholly
surrounded tracts that the same be annexed to the City of
Kalispell, so that the boundaries of the City of Kalispell should
be extended so as to include the same within the corporate limits
of the City, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission has recommended that said property, if annexed be zoned
Low Density Residential Apartment, RA--1, and
WHEREAS, the City of Kalispell desires to annex the property
to the City of Kalispell under the provisions of Title 7, Chapter
2, Part 45, MCA.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That it is the intention of the City of
Kalispell that certain territory comprising
all of the contiguous and wholly surrounded
property described in Exhibit "A" be embraced
within the corporate limits of said City and
that the boundaries of said City be extended
to included the same.
SECTION II. That it is further the intention of the City
of Kalispell that the property described in
Exhibit "A", upon annexation, be. zoned Low
Density Residential Apartment, RA-1.
SECTION III. That the City Clerk of Council shall give
immediate notice of the passage of this
Resolution by notifying all owners and
purchasers under contract for deed of the
property in the territory, addressed to the
address to which tax notices are sent, and
publish said notice in the Daily Inter Lake
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817
SECTION IV. That the notice herein ordered published shall
state that this Resolution has been duly and
regularly passed and that for a period of
twenty (20) days after the first publication
said Clerk of Council will receive expressions
of approval or disapproval, in writing, from
the freeholders within the territory to be
annexed, except that, in accordance with
Section 7-2-4502, MCA, the territory shall be
annexed, upon passage of Resolution of
Annexation, whether or not a majority of the
resident freeholders in the territory object.
SECTION V. That at the next regularly
scheduled meeting
of the City Council after
the expiration of
the twenty (20) days of Section IV, supra, the
City Clerk of Council shall lay before the
City Council all communication in writing
received by him for
said Council's
consideration.
SECTION VI. That if after considering
the comments made
the Council shall duly and
regularly pass and
adopt a Resolution of
Annexation, the
boundaries of the City of Kalispell shall be
extended so as to embrace and include said
territory, upon date fixed
in said Resolution
of Annexation.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS ist DAY OF AUGUST, 1994.
Douglaq D. Rauthe - Mayor
Attest:
Financ6 Director
f -1
EXHIBIT "A'
,'ba, pcxtion of GovwaTcm Lots 3, 4, S. 6. L and 13 in Section 6. Township 28 North Range 21 West, and
(',ovemt,muc Lot 1 and the So�nc�a�� Qwar of the �i0rdv= Quarter of Suction 1, Township 28 North,
Range 22 west. descnlxd as follows:
Beginning at a point which bears North 45°43'13" Eas 33.59 feet from the southvxct tourer of Government Lot 5 of
Section 6. Township 28 North, Range 21 west said pant being on the easterly 60-of-way line of U.S, Ng>wiry 93;
the= fly along said right-of-way line North I5°4S'15" West 6836 fret to the beginning of a 2'784.79 foot
ra&W ctwe concave noim;oager!y having a radial bearing of Nosh 7401633" East; th a ►ce coming Along said
1y rigl,t-of way d`uhe and along said curvethnsagh a central angle of 00°IT41" an arc length of 1028 fat to tx
line of that parcel de= -bud in Book 367 page 181, records of Flathead Canty, Nionuna; theme along 11x
line of said traM and leaving said easterly 6& way tines of ITigh+vray 93, Nora 01°?�59" East 198.78 fee
Of said l�k thence along the north line of said parcel, North MUM" West 5235 feet to the
to the northeast
n -of w ;► line of U.S. Rghway 93; said point being on a 2784.79 foot radius curve a may.
easterly of North 7V43' 12" East thence along said amdy riglu-d way line and along said curve
having a radial bearing of 11°'..S'44" an arc kngdr of 555.4g f«� thence corinm ing along said �exly r " '
through a central angle corner of that de.*mbed in Bank 700 Page 113, records
yam, North 00°42'31" East 613.01 fat the i North 89°39'43' East 116.5a
of Flathead Coway, Montana: then<x thaNa rotates along the northerly
I= of sad %a and North 59°19'Se East 20.09 feet m the fly sourer of said pawl: tlhahce along the easterly t'nx of said
par=l, Sam 01°01'00" West 11339 foot to the sohah fits of Park View Terrace, this plat of which is on record with the
nadmd COMO Chair and Raordti; therm along to south leer of said Park View Terrace, North MOW East
105931 feet to the westerly line of than panel described in Book 630 Page 798, teoords of Flathead County, Nmbonntm
thenc�e along line of sad pared, Noah 00°12 2" West 153.54 fee to point on the wudmtY line Of Let
60 of park View Terrors Arddision Na 1, the pies of which is on record with the Flathead County Clerk and Recorder.
said point berg on a 167.60 foot radius cave concave rtorthwrswly lhavirtg a radial bearing of North 04°5649" West;
thence along said curve through a antral angle of 10°09'42" an arc length of 29.72 feet: thence along the entmiy line
of said Lot 60, North 03°0658" West 31.60 feet m the northerly line of that parcel descrr'bed in Boole 630 Page 79$
records of Flathead Courtly. Montana; don along the northedy line of said parcel, North SV47'38" East 426.17 feat to
the fly oomar of said parcel, said point being on the westerly right -of --way lime of Grandview Driver tenter
tax of said parcel and along the v emk ri8iu-of way file of said Grandview Drive
along the ' corner of that parcel described in Book 730 page 953, t^eoo�ds of
South 04°455 County, Ear 190: = along � easterly Um of said pa�h ud contbming along tw ► risM� �
FladseadMOrh�"a`' coma of that desatbod in
lies of Grandview Dave, 5outir o3°3r12" Ent 241.44 feet m the rhorrtittwestcrly parcel
Book 493 Page �, records of FUdxad Cautty, Montana; thence along the natmsterly line of said pared and
continuing along the soudiweADOY r4ht4-way line of said Gandview Drive, South 70*1732" East 587SS foes to the
beginning of a 355.00 foot radius curve to the right having a radia] bearing of South 19°4652" West; dhencce along said
curve through a central angle of 57°33'45" an arc length of 356.65 fed to the norteast comer of Clerk and Recorder. dx= iew
Subdivision, the plat of which is on record with the Llatxad Cam+
southwesterlyalorig said
right-0f--way 14M and along six easterly bouuhdary of said liidgevhew Subdivision, $outfit 13°14'04" East
33734 feet to the comer of the Amended Subdivision of Grandview Tom, the plat of which is an
record with the Flathead County Clerk and Recorder, said point being at the beginning of a 457.72 foot radius curve m
record
right, having l radial bearing of South 76°17'10" West; then�ce,.along the easterly line of the Amended Subdivision
of Grandview Townhouses anddcoa l" continuing aI—,,tt,�f 4Afeerthence continu n Grandview
said wm-wly right-of-way
� g
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Page 2
point being on the westerly right-of-way line of Grandview Drive; thence along said westerly right-of-way line of
Crandview Drive and along the easterly line of said tract described in Docunxnt 8716013110. records of Fb dxnd
County, montane South or53'43" West 130.17 fat to the northeast comer of that parcel described in Book SO4 Page
192, records of Flathead County, Montana; theta along the easterly line of said parcel and continuing along the
westerly right-of-way line of Cmi view Drive. South 83°42'45" West 99.95 fat to die soudmst corer of said parul;
therha along the s A=iy boundary of said patrol and leaving die westerly rigk-of--way line of Grandview Olive;
South 89°03'22" West go. IS feet; timm along the easterly line of said paired, South 0204,7S2' West 49.27 feet dnenoe
along the scan fate of said parcel. South W4 '45" West 39.18 feet to the easterly litre of that parcel described in Book
499 Page 322. records of Flathead County. Montam thence along the; easterly baandary of said parcel the following
thine crews: South 03OW45" West 49.68 fat, South 02"58'00" West 80.17 feet; and South 02051'16" West 34.98 feet
to the smdmstexly cornea' of said parcel; thence slang the southerly boundary of said parcel, North 8'7°01 W West
89.74 fat and Worth 87aa ION West 129.37 fat to the easterly line of that parcel described is Book 567 Page 644,
records of Flathead County, Montana; thence along the easterly boundary of said p ml, South 03OW49" West
280,09 feet to the soutimesterly corner of Lot 1, C andview Heights Addition No, 2, the plat of which is on rcoatd with
the Flathead County Ckrk and Recorder, thence along the sourly boundary of said Lot 1, South 75*33103" East
57.03 feet to the soudmasterly oorrner of said Lot 1, said poirx being on the westerly right-of-way lime of Glacier Phew
Drive and on a 81.00 foot radius curve, concave sty, having a radial bearing of South 45W19" East; dx=
soutlhwesterly along said curve duo* a central angle of 3r55'410, an arc krgxh of 55.03 feet thence continuing along
the westrsly right -of --way line of Glacier Yew Drive. South OPOM" Fast 25.63 feet to the northerly Tune of
Grandview Heights Addition No. 1, the plat of which is an record with the Fbdhead County Clerk and Recorder, thence
leaving said right -of --way line and continuing along the northerly line of said Gandview Heights Additon No, I.
South no1pr49" West 499.96 feet to the northwest carer thereof, thence along the westerly line of said Grandview
1wen Addition No. 1, South 0300138" West 89.91 feet to the northerly rigM-of--way tine of Sunn view Lahr. thence
along the thordherly d&-of- ay lane of S=Vview Lie, South SV l O14V West 85.74 feet to the southeast cornet of
Buffalo for Apartrnent tit Canrhexcial Addition No. $4, the plat of which a an record with the Flathead County Cleric
& Raxarder, dhenae along the easterly line of said Addition No. 84 and leaving said right-of-way line of Surnnyview,
uric, North 03*1195V East 1223.48 fact to the northeasterly corner of said Buffalo Hill Apaainatt tit Carrner+cial
Addition No. 84, thence along the northerly line of said Buffalo FRO Aparornrht tit C.ommat W Addition Na $4,
South 88°4950" West 364.69 fat to the northwest corner of said Buffalo Hr11 Apartrnent tit Comma vial Addition No.
S4; tlm= along the west lime of said Buffalo T D Aparomi & Canmercial Addition No. $4, South 02°34'38" West
229.93 fc et to the norther eonm of Heritage Place Addition, the plat of which is on record with the flathead Cotatty
Clerk tit Recorder; thence along the north line of said Heritage Place Addition, Nash 85033W West 228.44 feet uo the
easedty tint-ofohey line of Windward Way; dmce wtmsterly gong Wd fly riglt'of-way line of Wmrlward
Way, North 04*=W Fast 65.00 fret to the northerly right-of-way line of said Arndward Way, thence along the
nordhatr r4# of -way line of said Windward Way, North 85040Y 14" West 6031 feet to the southeageriy caner of
H itaga phM tine plat of which is on record with ft Fkd cad County Ckrk and Recorder, thence along the easterly
line of said Heritage Place and leaving said right-of-way lime of Windward Way, Nash 04°2A 3 i" Fast 434.95 Sect to
the rortneag comer of said Hentage place; thence slang the north Time of said Heritage Place, North 85035W West
520.01 fed to the northwest caner of said Heritage Place; thence along the westerly line of said Heritage itage Place,
South 04024'34" West 371.45 feet to the northerly right-of-way lure of Heritage Way; thence along said northerly right
of -way line, North 6V44'47" West 11.69 feet to tine beginning of a 504.63 foot radius curve concave southwesterly,
]Saving a radial bearing of South 21005 49" West; thence continuing northwesterly along said northerly right -of way line
of said Heritage Way, along said curve, duough a centrt d angle of l8°08'01' an am length of 159.71 feet; dncnoe
continuing along said northerly right-of-way line of said Heritage Way, North 87°03'44" West 143.08 feet to the point
of beginning, containing 88.876 acres of land All as shown on the atwihed Certificate of Survey which is therewith
bh*rporated in and made a part of this legal description.