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Resolution 3416 - Resubdivision, Walter Addition 407 RESOLUTION NO. 3416 .A RESOLUTION TO APPROVE AS A SUBDIVISION OF THE CITY OF KALISPELL MONTANA, THE RESUBDIVISION OF LOTS 2 AND 3 OF THE RESUBDIVISION OF THE WALTER ADDITION NO. 40 OF THE CITY OF KALISPELL TO BE KNOWN AS THE "RESUBDIVISION OF LOTS 2 AND 3 OF THE RESUBDIVISION OF THE WALTER ADDITION NO. 40". W I T N E S S E T He WHEREAS, R. G. Walter, the owner of Lots 2 and 3 of the Resubdivision of the Walter Addition No. 40, of the City of Kal- ispell, has petitioned for the approval of the resubdivision of said premises to be known as the "Resubdivision of Lots 2 and 3 of the Resubdivision of the Walter Addition No. 40", and all persons having an interest in said premises have, in writing, consented to the resubdivision of said premises, as required by Section 76--3-613, M.C.A., and WHEREAS, said resubdivision does not quality for summary review for the reason that it is a second or subsequent minor subdivision from a district of record and a public hearing_was held on the proposed resubdivision under the provisions of the Subdivision Regulations of the City of Kalispell. as now in effect on the 6th day of July, 1982, and WHEREAS,the Flathead Regional Development Office has re- viewed and recommended the City approve such resubdivision, and WHEREAS, the City Council, in considering this request has found, from the preliminary plat and evidence relating thereto, that said resubdivision is in the public interest, and in making such findings, the Council has considered and weighed (a) the basis for the need for the subdivision; (b) expressed public opinion; (c) effects on agriculture; (d) effects on local ser- vices; (e) effects on taxation; (f) effects on wildlife habitat, and jg) effects on the public health and safety, NOW AND THEREFORE, BE IT RESOLVED BY THE CITY�COUNCIL OF THE CITY OF KALISPELL, MONTANA, SECTION 1. The petition of R. G. Walter for a resubdivision of Lots 2 and 3 of the Resubdivision of the Walter Addition No. 40 to the City of Kalispell, is hereby approved and the same shall be known as the "Resubdivision of Lots 2 and 3 of the Resubdivi- sion of the Walter Addition No. 40".of the City of Kalispell, Montana, subject to the following conditions: 1. That water and sewer extension be in accordance with the City of Kalispell Standards, provide the requested hydrant as per the Fire Department and be approved by the Director of Public Works , 2. That the developer waiver the right -of -protest to S.I.D.'s for road and right -of --way improvements, water, sewer and storm drain improvements. 3. That -the 30 foot road and utility easement be improved to City standards with a 40 foot radius cul-de-sac on Lots C and D. This should show as an easement on the final plat and be designated a "Fire Lane". 4. That final plat be encumbered with the requirement. that, "A water line and appurtenances of adequate size to provide fire flow in accordance with the City of Kalispell Standards and General Provisions for Design and Construction must.be constructed to serve Lots C and D before any structures are occupied on said lots." I . 1 1 1 .77. a SECTION 2. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by this action. SECTION 3. That no portion of said premises need be dedi- cated to the City for park purposes, and,.in accord with Section 76-3--606 M.C.A., said petitioner shall forthwith pay to the City of Kalispell for park purposes, in lieu thereof, the sum of $ None; and no additional lots created. SECTION 4. Upon payment of the aforesaid sum for park pur- poses, and upon proper filing of the final plat of said resub- division in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF KALISPELL, THIS 6TEi - DAY OF JULY ,' 1982 ATTEST: Mar_jor'e Giermann, City Clerk --Treasurer 1 the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a true py of the Resolution passed. the City Council of the City of Kalispell, Montana at a ;;afar meeting held City CI k of the City of Kalispell