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Resolution 4527 - Annexation - Buffalo Stage Phase IV2037 1 1 1 RESOLUTION NO. 4527 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", TO BE KNOWN AS BUFFALO STAGE PHASE IV; 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 Buffalo Chip Partners, the owner of property located west of Whitefish Stage Road approximately 1,000 feet 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 Buffalo Chip Partner's Annexation Request, ##KA-99-6, dated December 7, 1999, 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 Buffalo Stage Phase IV. 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. 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 Um.E .5ahar5i # . Wm. E. Boharski Mayor EXHIBIT A LEGAL DESCRIPTION FOR BUFFALO STAGE PHASE IV ANNEXATION AND INITIAL ZONING OF RA-1 A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31 and IN THE NORTHWEST QUARTER. OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 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 Southeast Quarter of Section 31, Township 29 North, Range 21.West, p.M.,M., Flathead County, Montana; Thence along the east boundary of said SE1/4 S 0 0 ' 0 3 ' 11 "W 617.8 9 f eet to THE TRUE POINT OF gg,GINNING OF TEE TRACT OF LAND HEREIN DESCRIBED: Thence N89' 56' 52"E 115.11 feet to a set iron pin on the easterly R/W of a 60 foot road known as Bruyer Way" Loop; Thence along said R/W Sa0*09'16"W 219.44 feet to a found iron pin and the P.C. of a 150.00 foot radius curve, concave northwesterly, having a central angle of 36 22'37"; Thence along an arc length of 95.23 feet to a found iron pin; Thence S36'31153"W 34.34 feet to a found iron pin on the norther.Ly boundary of the Plat of Buffalo Stage Phase III (records of Flathead County, Montana); Thence along said northerly boundary N53 * 28' 07 "W 60.00 feet to a found iron pin; Thence N89' 57' 13 11W 513.90 feet to a found iron pin; Thence N83*oa'01--W 90.64 feet to a found iron pin; Thence N79'50148"W 91.42 feet to a found iron pin on the easterly boundary of the Plat of Buffalo Stage Phase II (records of FlatheadCounty, Fontana); Thence along said easterly boundary N00'03 11"E 139.85 feet to a found iron pin; Thence N14'44'43"W 61.70 feet to a found iron pin; Thence N1500010011W 102.29rfeet to a found iron pin; Thence leaving said boundary N89018 13 E 113.48 feet to a set iron pin; Thence S78'3011391E 111.07 feet to a set iron pin; Thence S86'41'00"E 90.15 feet to a set iron pin; Thence N89'56'52"E 407.23 feet to the point of beginning and containing 5.582 ACRES. Subject to and together with all appurtenant easements of record. THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS: BUFFALO STAGE PHASE IV