Resolution 3605 - Annexation - Nigg AdditionRESOLUTION NO. 3605 '
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION CERTAIN
REAL PROPERTY, TO -WIT: A TRACT OF LAND IN THE SE4, SWJ, SECTION 12,
T28N, R22W, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS THE
NIGG ADDITION NO. 186, TO ZONE SAID PROPERTY RESIDENTIAL APARTMENT,
RA-2 AND TO AMEND THE CITY ZONING MAP ACCORDINGLY.
WHEREAS, Cheryl Nigg Martin and LaVerne Nigg, the resident freeholder of all
of that certain real property described in Exhibit "A" attached hereto and for
purpose of this Resolution made a part hereof, has requested that the City of
Kalispell annex said real property to the City of Kalispell; and
WHEREAS, the City Council on the 17th day of June, 1985, adopted Resolution
of Intention No. 3599 to annex said territory to the City of Kalispell; and pursuant
thereto the City Council did set a public hearing to be held on the 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 of the City of Kalispell
from the freeholders of territory proposed to be embraced therein; and
WHEREAS, on
the 5th day of
August,
1985,
the City Council of
the City of
Kalispell did meet and consider
all expressions
in writing of the
approval or
disapproval of the
proposed extensions
of
the boundaries of said City
of. Kalispell;
and
WHEREAS, on
the 5th day of
August,
1985,
the City Council of
the City of
Kalispell did meet
in regular session and
heard
public comment on
the proposed
annexation, and
WHEREAS, the City Council of the City of Kalispell determined that the proposed
annexation is included within and conforms to the Kalispell Land Use Plan; and
WHEREAS, the City -County Planning Board and Zoning Commission has recom-
mended on the 12th day of July, 1985, that the property be zoned as Residential
Apartment, RA-2; and
WHEREAS, the effective date of said annexation should be the date thirty 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, Annexation
of Contiguous Land, Montana Code Annotated.
NOW AND THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KALISPELL AS FOLLOWS:
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, subject to the
following condition:
1. That all city utility extensions be designed and built at
the owner's expense to conform to the City of Kalispell's
"Standards and General Provisions for Design and
Construction" and meet the approval of the City Public Works
Director.
2. That the property be de -annexed from the Smith Valley
Rural Fire District.
3. That the owner/developer waive the right of protest to
any SID that might be created in the future for the purpose
of widening and improving the city street.
i
SECTION 11. That the City Clerk -Treasurer of the City of Kalispell is
authorized and directed upo.-i the passage of this Resolution and approval
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.
SECTION III.
From and after the
date of said filing of said documents
in the Office
of the Flathead County
Clerk and Recorder or
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
Residential Apartment (RA-2); and the City of Kalispell Zoning Map
shall 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.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AND APPROVED
BY THE MAYOR THIS 5th DAY OF August , 1985.
ATTEST:
Don Halver,City' Cleric -Treasurer
EXHIBIT "A"
A tract of land situate, lying and being in the Southeast Quarter of the Southwest
Quarter (SEkSW) of Section 12, Township 28 North, Range 22 West, 'M.P.M.,
Flathead County, Montana, described as follows:
Beginning at the Northeast corner of said Southeast Quarter of the
Southwest Quarter (SE- SW4) of said Section 12; thence
West along the North line of said Southeast Quarter of the Southwest
Quarter (SE4SWy) a distance -of 660.00 - feet to a point on the East
boundary of that certain tract of land described in Book 115 page 251,
records of Flathead County, Montana; thence
South and along the East boundary line of the aforementioned tract
of land a distance of 661.12 feet to a point on the North boundary of
that certain tract of land described in Book 475 page 816, records of
Flathead County, - Montana; thence
East and parallel with the North boundary of said Southeast Quarter
of the Southwest Quarter (SEI-SW1) and along the North boundary of
those certain tracts of land described in Book 475 page 816; Book 341
page 172; Book 336 page 167; and Book 323 page 514, records of Flathead
County, Montana, a distance of 660.00 feet to a point on the East
boundary of said Southeast Quarter of the Southwest Quarter (SEySWfl
of said Section 12; thence
North along said East boundary a distance of 661.12 feet to the
point of beginning.
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 Clerk of the City of Kalispell, Montana