Resolution 4289 - NOT ACTED ON - Resolution of Intent to Annex a Portion of the Evergreen Commercial Strip1440
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RESOLUTION NO. 4289
A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO THE CITY OF
KALISPELL, COMPRISING THAT TERRITORY DESCRIBED IN EXHIBIT GA'
ATTACHED HERETO AND THEREBY MADE A PART HEREOF, TO BE DESIGNATED AS
THE EVERGREEN ANNEXATION NO. 275, TO FIX A DATE OF A HEARING
THEREON, AND TO PROVIDE FOR PUBLICATION OF NOTICE OF SAID HEARING.
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 thereof, and the
inhabitants of the contiguous platted tracts or parcels
of land or unplatted land for which a certificate of
survey has been filed, which are contained in Exhibit
" A" , attached hereto and thereby made a part hereof, that
the boundaries of the City of Kalispell would be extended
so as to include the same within the corporate limits of
the City of Kalispell, and zoned General Business B-2, or
other appropriate zone in accordance with the City of
Kalispell Zoning ordinance, Ordinance No. 1175, as
amended, and
WHEREAS, on Novemb er 6, 1995, the City Council adopted, pursuant
to Title 7, Chapter 2, Part 47, Montana Code Annotated,
an Extension of Services Plan which anticipated
development of the City services for approximately five
years in the future, and
WHEREAS, the City Council shall, prior to annexing said property
cause to be developed an extension of services plan
specifically addressing the territory described In
Exhibit uA", and proposed by this Resolution to be
annexed, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission shall on October 8, 1996, hold a public
hearing, pursuant to Section 27.30.030, City of Kalispell
Zoning Ordinance, to recommend zoning for the territory
described in Exhibit 'IV in accordance with the Kalispell
Zoning Ordinance, in the event the territory is annexed
to the City, and
WHEREAS, the City of Kalispell desires to annex the property to
the City limits under the provisions of Title 7, Chapter
2, Part 43 Montana Code Annotated (Annexation of
Contiguous Land), and
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RESOLUTION NO. 4289
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NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That it is the intention of the City of
Kalispell that certain territory comprising
the Evergreen Addition No. 275 be embraced
within the corporate limits of the City of
Kalispell and the boundaries of said City be
so extended so as to include the same. Said
territory is more particularly described in
Exhibit mA", attached hereto and thereby made
a part hereof.
SECTION II. That it is further the intention of the City
of Kalispell that the property described in
Exhibit "A" be zoned as General Business, B-2
or other appropriate zone in accordance with
the City of Kalispell Zoning Ordinance,
Ordinance No. 1175, as amended.
SECTION III.
The City Clerk of Council shall forthwith
prepare and publish in Daily Inter Lake, a
daily newspaper published at Kalispell,
Montana, proper notice of this Resolution of
Intention at least once a week for two
successive weeks next preceding the regularly
scheduled Council meeting at which said
annexation will be considered; and give said
notice in writing, addressed to the addresses
to which tax notices are sent, to all owners
and purchasers under contract for deed of the
property in the territory to be embraced.
SECTION IV. For a period of twenty days after the first
publication of said notice by the City Clerk
of Council, said City Clerk of Council will
receive expressions in writing of approval or
disapproval of the proposed extensions of the
boundaries of said City of Kalispell from the
real property owners within the territory
proposed to be annexed.
SECTION V. At the regularly scheduled meeting of the City
Council of the City of Kalispell next
succeeding the expiration of said twenty days,
the City Clerk of Council shall lay before the
Council all communications in writing so
received by her for the City Council's
consideration. If after considering the same
such council shall duly and regularly pass and
adopt a resolution to that effect, the
boundaries of the City shall be extended to
RESOLUTION NO. 4289
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SECTION VI.
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embrace and include such platted tracts or
parcels of land or unplatted land for which a
certificate of survey has been filed; the time
\ when the same shall go into effect to be fixed
\by such resolution.
S�Slh resolution shall not be adopted by the
C u if there is disapproval in writing by
a maj ty of the real property owners of the
territo1W proposed to be embraced.
PASSED AND APPROVED BY THE CI
AUGUST, 1996.
Attest:
Debbie Gifford, CMC
Clerk of Council
RESOLUTION NO. 4289 3
IL AND MAYOR THIS DAY OF
- No
- 0 &,If W1- All =-,
MeRs D. Rauthe - Mayor
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IEXHIBIT RAW
CITY QF KALJS
EVERGREEN ANNER&BON
A tract of land located in Sections 4, 8 and 9 of Township 28 North, Range 21 West, Principal
Meridian, Montana, Flathead County, Montana, being more particularly descriibed as follows:
Commencing at the Southeast corner of the Northeast quarter of the Northeast quarter of Section
8, Township 28 North, Range 21 West, P.M., M., and the POINT-OF-BEGINMNG; theme
N89"53'04*W along the south boundary of said. quarter, quarter section, a distance of 1311.54
feet to the Southwest comer of said quarter, quarter section and the Northeast corner of Parcel
3 of C.O.S. 12292, records of Flathead County; thence SOO*18'19'E along the East boundary
of said Parcel, a distance of 100. 00 feet to the Southeast corner of saW parcel; thence
N89058'54*W along the South boundary of said parcel, a distance of 192.32 feet to the
Southwest comer of said parcel and the easterly right-of-way of U.S. Highway No. 2; thence
S19034'02*W along said right-of-way, a dLstance of 18.16 feet to a point on the westerly
boumlary of that tract descnlxA in Book 85, Pap 117, records of Flathead CD=V; thei%ce the
following three (3) courses along said westerly boundary; SOI"17'08wW a distance of 348.36
feet; S33 * 15'00"W a distance of 242.30 fed, S03 *47E a distance of 169.60 feet to a point on
the northerly boundary of that tract described in Book 98, Page 358, records of Flathead
County; thence southwesterly a distance of 38 feet, more or less, to the northerly -most comer
of Tract 'A' of C.O.S. 8023, records of Flathead County; the= the following five (5) courses
along the northerly and westerly boundaries of said tract; S12*28'00"W a distance of 176.10
feet; N88*04'00'W a &Omce of 443.26 feet; along a non4angent curve to the right have a
beginning radial bearing of N27"24'21 " W', a radius of 1025 feet, a central, angle of 07 038115"
3"' 41'4541
and an enft radial of'SI'9*46*W*-E,- an wp4ii�d 136.63 fbet-,�
aw $
distance of 145.48 fed4VS 31 WWI
of -way of Woodland Park Drive; thence southwesterly across aid right-of-way tD the easterly -
most comer of Parcel OBO of C.O.S. 7417, records of Flathead County; thence N3007A'36-W
along the north-easterly boundaries of Parceh *B* and 'A" of said C.O.S., a dbtance of 175.21
feet to the northerly -most comer of said Parcel "An and the southerly right-of-way of U.S.
Highway No. 2; thence S75*40'45"W along said right-of-way, a distance of 82.30 fed to a point
on the easterly right-of-way of that 100'-wide railroad right-of-way descnl)ed in Book 1, Page
259, records of Flathead County; thence N30*30'E along said easterly right-of-way, a distm.we
of 1650 feet, more or less; thence continuing along said right-of-way on a curve to the left
having a radius of 1493 feet and a central angle of 11 *58', an are distance of 311.93 fed; thence
continuing along said right-of-way, N18*34'E a distance of 43 feet, more or less, to the
Southwest comer of Parcel 1 of C.O.S. 12629, rem* of Flathead County; thence
N18*08'52"E along the westerly boundary of said parcel, a diss-tance of 286.93 fed to the
northerly -most corner of said parcel; dx= S02*58'00"W along'the Fan boundary of said
parcel, a distance of 278.92 feet to the North right-of-way of Montclair Drive; them
N89*43'06"E along said right-of-way, a distance of 445.09 leel� dx�ce N51"40'E along said
right-of-way, a distance of 734.96 feet; dwnce N74*28'E along said right-of-way, a distance of
766.10 feet to a point on the East line of Section 8, Township 28 North, Range 21 West,
Principal Meridian, Montana; thence SOO*00'16"W along said section line, a distance of 41.59
feet to the Northeast comer of the 0. 164 acre bad on C.O. S. 6129, records of Flathead County,
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said point also being on the northerly right-of-way of U.S. Highway No. 2; thence N65 * 12'E
along said right-of-way, a distance of 230 feet, more or less; dwace S12*15 along said right-of-
way, a distance of 50 feet, more or less; thence N65 * 12"E along said right-of-way, a distance
of 170 feet, more or less; thence North, leaving said right-of-way, a distance of 55 feet, more
or less, to the Southeast comer of Tract I of C.O.S. 3255, records of Flathead County; thence
N20*02'06"E along the west boundary of said tract, a dis� of 44.28 ferA; thence
N08 029' 160 W along said West boundary, a distance of 288.97 feet; thence N65 *53'03"E along
the North boundary of said tract, a distance of 282.01 feet to northeasterly -most corner of said
tract. and the West right-of-way of River Road; thence SOO*42'W along said right-of-way, a
dis-tance of 30 feet, more or less; thence easterly a distance of 60 fbet, more or less, to the
interseWon of the East right-of-way of River Road with the North right-of-way of West
Cottonwood Drive; thence N79*37'12"E along the North rigbt-of-way of West Cottonwood
Drive, a distance of 314.00 feet; thence N76*32'120E along said right-of-way, a distance of
I 11. 26 feet to the Southwest corner of Tract 3G of C.O. S. 9024, records of Flathead County;
thence NOG*07'12"E along the West boundary of saW tract, a distance of 98.64 feet to the
Northwest, corner of mid tract; thence S89*52'48'E along the North boundary of said tract, a
distance of 193. 11 feet to the Northeast comer of said UwA; thence SOO*Q7'l 2 "W along the East
boundary of said tract, a distance of 52-00 feet to the Southeast comer of said u=; thence
easterly a distance of 30 feet, more or less, to a point on the East boundary of the Southwest
quarter of the Southwest quarter of Section 4, Township 28 North, Range 21 West, P.M.,M.;
thence SOO*2242"E along &aid boundary, a distance of 260 feet. more or less, to the northerly -
most corner of Parcel "A' of C.O.S. 10055, records of Flathead County, said point also being
on the southerly right-of-way of U.S. Highway No. 2; thence S65*18'46"W along said right-of-
way, a distance of 22.00 feet to the Northeast comer of Parcel 3 of C.O.S. 2379, records of
Flathead County; thence the following three (3) courses along saW highway right-of-way;
S65 * 17'13 "W a distance of 86.93 feet; S24 *43'47"E a distance of 5. 00 feet; S65 " 17'13W" A
distance of 311.23 fed to a point on the easterly boundary of that tract described in Document
9103610270, records of Flathead County; thence the following da*3) courses along aid
easterly boundary; SOO*35'W a distance of 100.68 feet; S19*40'W a distance of 131.60 fed;
S30"33'W a distance of 135.00 fed to a point on the northeasterly boundary of that tract
described in Deed Exhibit 351, records of Flathead County; thence S46"07'E along the
northeasterly boundary of said U=, a distance of 113.17 feet; thence S24-20'W along the
southeasterly boundary of said tract, a distance of 395.50 feet; thence N37*45'W along the
southwesterly boundary of said tract, a distance of 287.00 feet; thence N75*45'W along said
boundary, a distance of 271.00 feet to the center of the Stillwater River; thence S70052'35"W
a distance of 62 feet, more or less to the easterly boundary of Tract 1 of C.O.S. 10444, records
of Flathead County; thence the following eleven (11) courses along said easterly boundary;
S19*07'25"E a distance of 38.74 feet; SOO*42'03"E a distance of 161.60 feet; S63016'57"W
a distance of 29.54 feet; S30*58'08*W a distance of 226.16 fe&4 S30*00'15'W a distance of
64.93 feet; S07*M'05"W a distance of 169.43 feet; S29*36'22'W a disnance of 54.16 feet-,
S 16*57"39'E a distance of 73-21 feet; S40* 16'39*E a distance of 130.60 feet; S68 01 VIVE a
distance of 49.61. feet; S75*20'34"E a distance of 96-64 feet to the South boundary of said awl;
thence N99*35'15"W along said boundary, a distance of 300.98 feet to the POINT -OF -
BEGINNING.