Resolution 4525 - Annexation - Ashley Park Phase III2034
RESOLUTION NO. 4525
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNE]CATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", TO BE
KNOWN AS ASHLEY PARK PHASE III; 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
Dennis Carver, of Somers Land Company, the owners of property
located on the west side of Airport Road and south of Ashley Creek
and described in Exhibit A, attached hereto and thereby made a part
hereof, requesting that the City of Kalispell annex the territory
into the City, and
WHEREAS, the Flathead Regional Development Office has made a
report on Somers Land Company Group's Annexation Request, #KA-99-7,
dated December 7, 1959, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into the City
of Kalispell, and
WHEREAS, said territory is included within and conforms to the
Kalispell City -County Master Plan, 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 I. That all the real property as described in
Exhibit A, be annexed to the City of Kalispell and the
boundary of the City is altered to so provide, and shall
be known as,Ashley Park Phase III.
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.
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PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 3RD DAY OF JANUARY, 2000.
ATTEST:
Theresa White
City Clerk
EXHIBIT A
WM.F_.5aharSk1.
Wm. E. Boharski
Mayor
LEGAL DESCRIPTION FOR
ASHLEY PARK PHASE M ANNEXATION AND
INITIAL ZONING OF R-4
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTH HALF OF
THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO WIT:
Commencing at the northeast corner of the Northwest Quarter of the
Southeast Quarter of Section 19, Township 28 North, Range 21 West,
P.M.,•M., Flathead County, Montana; Thence along the north boundary
of said NW1/4SE1/4 S88'3911011W 120.00 feet to a set iron pin and
THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED:
Thence S01'2112911E 107.05 feet to a set iron pin; Thence
N8 8 ' 38 ' 31 "E 13.00 feet to a found iron pin; � Thence S01 ' 21' 29"E
66.00 feet to a found iron pin; Thence S88'3813111W 33.00 feet to
a found iron pin; Thence S01'21129"i 487.00 feet to a set iron
pin; Thence S88'39'10"W 560.00 feet to a set iron pin; Thence
N01'2112911W 487.00 feet to a set iron pin; Thence N38'13133"E
85.62 feet to a set iron pin; Thence NOL'21129"W 107.05 feet to a
set iron pin on the north boundary of said NW1/4SE1/4; Thence
along said north boundary N88'39'10"E 525.44 feet to the point of
beginning and containing 8 - 409 ACRES; Subject to and together with
all appurtenant easements of record.
THE ABCVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE .-NOWN AS:
ASHLEY PARR, PHASE III