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Resolution 4587 - Annexation - Stratford Village2162 RESOLUTION NO. 4587 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 STRATFORD VILLAGE ADDITION NO. 298; 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 Apex 1, LLC, the owner of property located west of South Meadows Subdivision and east of the Burlington Northern right-of-way 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 Apex 1, LLC's Annexation Request, #AKA-00-5, dated September 5, 2000, 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 45, 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 Stratford Village Addition No. 298. 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, except that assessments for street maintenance, storm water, and urban forestry shall only be levied upon approval of the final plat of the respective phases of Stratford Village Subdivision, 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. 2163 PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 2ND DAY OF OCTOBER, 2000. ATTEST- Theresa white City Clerk Wm. .' Boa i Mayor Exhibit A Legal Description Stratford Village Subdivision A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND INU.S. GOVERNMENT LOT 2 ALL IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMA ENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 19, INDICATED BY A FOUND 5/8" RE -BAR AND WHICH POINT IS THE TRUE POINT OF BEGINNING; THENCE S 00019'57"E, ON AND ALONG THE EAST BOUNDARY OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 528.96 FEET TO A FOUND 5/8" RE -BAR AND WHICH POINT LIES ON THE NORTHERLY RIGHT-OF-WAY BOUNDARY OF THE BURLINGTON NORTHERN RAILROAD; THENCE N 39019'11"W, ON AND ALONG SAID NORTHERLY RIGHT-OF-WAY BOUNDARY, A DISTANCE OF 2314.91 FEET TO A FOUND 5/8" RE -BAR AND WHICH POINT LEES ON THE NORTH BOUNDARY OF SAID U.S. GOVERNMENT LOT 2; THENCE N 88016'27"E, ON AND ALONG SAID NORTH BOUNDARY OF U.S. GOVERNMENT LOT 2, A DISTANCE OF 133.45 FEET TO A FOUND 5/8" RE -BAR AND WHICH POINT IS THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE N 88"2T50'E, ON AND ALONG THE NORTH BOUNDARY OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF l 324.41 FEET TO A POINT WHICH POINT IS THE CENTER NORTH ONE -SIXTEENTH CORNER OF SAID SECTION 19; THENCE S 00017'07"E, ON AND ALONG THE EAST BOUNDARY OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 1303.38 FEET TO THE TRUE POINT OF BEGINNING. THIS TRACT CONTAINS 30.652 ACRES AND SUBJECT TO AND TOGETHER WITH ALL APPURTENANCE EASEMENTS OF RECORD.