Resolution 3542 - Annexation - Highway 93 Right of Wayt«16�
RESOLUTION NO. 3542
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNL).ARIFc
nP
CITY OF KA— LiSPELL. BY INCLUDING THEk—LiN, A5 AN Ah,'1tXA 1 _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 file
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 oi' 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 approval 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 City Council of the City of Kalispell
did meet in regular session and heard public comment on the proposed annexation,
and 5
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
WHEREAS, the effective date of said annexation should be the date th'rty
days next succeeding the final passage 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 I. 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
authorized and directed upon the effective date of this Resolution, which
is thirty days next succeeding the passage of this Resolution 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.
in accordance with the zoning classification of adjacent property as may
be necessary in accordance with the City ': 7^''i^ r}rr!i^]nce
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 its final passage by the City Council and approval by the Mayor.
PASScu B i Chr CITY COUNCIL OF THE CITY OF KALISPELL, AND APPROVED
13Y THE MAYOR THIS 20th DAY OF August 1984. . _
ATTEST:
Marjorie iermann, City Clerk -Treasurer
. d' ,
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, held
City C of the City of Kalispell
r
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 NE4, NW4 of Section
7, T28N, R21W, PMM to the northerly boundary line of the NE4, NE4 of
Section 1, T28N, R22W, PMM.
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 SW4, NE4 of
Section 20, T28N, R21W, PMM and the southerly boundary line of the
SE4, NW4 of Section 20, T28N, R21W, PMM to the northerly boundary
line of the SW4, SW4 of Section 17, T28N, R21W, PMM.