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Resolution 3542 - Annexation - Highway 93 Right of WayX1916111 RESOLUTION NO. 3542 A RESOLUTION TO PROVIDE FOR THE ALTFRATION OF THE BOUNL)ARIC�c r)P CiTY OF KA-LiSPELL BY INCLUDING THEk-LiN, AS AN AN,'1EXA1_ji4 REAL PROPERTY, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE ZONING CLASSIFICATION OF ADJACENT PROPERTY AND TO AMEND THE CITY ZONING MAP ACCORDINGLY. WHEREAS, the State of Montana of Highways has requested that the City of Kalispell annex certain real property consisting of the right-of-way of U.S. Highway #93 adjacent to the City limits of the City of Kalispell; and WHEREAS, the City Council on the 21st day of November, 1983, adopted Resolu- tion of Intention No. 3505 to annex said territory to the City of Kalispell; and pursuant thereto the City Council did set a public hearing to be held on tile annexation and due and proper notice of said public hearing was given by the City Clerk -Treasurer; and WHEREAS, the City Clerk -Treasurer received expressions in writing of approval or disapproval of the proposed extensions of the boundaries ol' the City of Kalispell from the freeholder! of territory proposed to be embraced therein; and WHEREAS, on the 21st day of May, 1984, the City Council of the City of Kalispell did meet and consider all expressions in writing of the approv;41 or disap- proval of the proposed extensions of the boundaries of said City of Kali --pelt; and WHEREAS, on the 21st of May, 1984, the r City Council of the City of Kalispell did meet in regular session and heard public commen.t on the proposed annexation, and WHEREAS, the City determined that the proposed annexation is included within and conforms to the Kalispell Land Use Plan; and that the proper zone for said property is that zoning classification of adjacent property as may be necessary in accordance with the City of Kalispell Zoning Ordinance and the Kalispeil Land Use Plan; and WHER'EAS, the effective date of said annexation should be the date th'rty days next succeeding the final pass -age of this Resolution and approval by the Mayor; and WHEREAS, the annexation is pursuant to Title 7, Chapter 2, Part 43,,Annex- ation of Contiguous Land, Montana Code Annotated. NOW AND THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 1 HE CITY OF KALISPELL AS FOLLOWS: : . .1 SECTION 1. The real property as more particularly described in Exhibit "A", attached hereto, shall be annexed to the City of Kalispell; and the boundaries of the City is hereby altered to so provide. SECTION It. That the City Clerk -Treasurer of the City of Kalispell is authoFi_z_edand directed upon the effective date of this Resolution, which is thirty days next succeeding the passage of this Re - solution and signa- tured by the Mayor, to make and certify under the seal of the City of Kalispell a copy of the record of these proceedings as are entered on the minutes of the City and file said documents with the Flathead County Clerk and Recorder upon or after the effective date hereof. SECTION 111. From and after the date of said filing of said documents in the Office of the Flathead County Clerk and Recorder of the effective date of this Resolution, whichever is later, said annexed territory is part of the City of Kalispell and said territory 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 IV. All of said realty so annexed to the City shall be zoned 336. 0 '.. in accordance with the zoning classification of adjacent property as may be necessary in accordance with the City �� a c Zrnir­j Ordlin, n e and the Kalispell Land Use Plan, and the City Zoning map shad be amended to so reflect. SECTION V. This Resolution shall be effective thirty days from and after iE -final passage by the City Council and approval by the Mayor. PASSE_i) Bi Chr_' CITY COUNCIL OF THE CITY OF KALISPELL, AND APPROVED 13Y THE MAYOR THIS 20th DAY OF August 1984. . - C2 ATTEST: Ma jorie i rmann, City Clerk -Treasurer . d' , I I, the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a true copy of the Resolution passed by the City Council of the City of Kalispell, Montana at a regular meeting hold 2;� om city C3�ft of the City of Kalispell EXHIBIT "A" 1. A portion of U. S. Highway No. 93 located in portions of Section 6, T28N, R21W, PMM, Section 7, T28N, R21W, PMM, and Section .1, T28N, R22W, PMM and more particularly described as follows: All of the right-of-way of U. S. Highway No. 93 extending northerly and westerly from the westerly boundary line of the NEJ, NWk of Section 7, T28N, R21W, PMM to the northerly boundary line of the NE4, NEJ of Section 1, T28N, R22W, PM'M. 2. A portion of U. S. Highway No. 93 located in portions of Section 17, T28N, R21W, PMM and Section 20, T28N, R21W, PMM and more particularly described. as follows: All of the right-of-way of U. S. Highway No. 93 extending northerly. and westerly from the southerly boundary line of the SWk, NE4 of Section 20, T28N, R21W, PMM and the southerly boundary line of the SEi, NWk of Section 20, T28N, R21W, PMM to the northerly boundary line of the SW�, SW� of Section 17, T28N, R21W, PMM.