Resolution 3624 - Resolution of Intent - Annexation - Culligan AdditionRESOLUTION NO. 3624
A RESOLUTION TO CONSIDER THE ANNEXATION OF TERRITORY TO THE CITY
OF KALISPELL LOCATED IN SE�NW4, SECTION 20, T28N, R21W, P.M.M., FLATHEAD
COUNTY, MONTANA, AS IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
TO BE DESIGNATED AS THE CULLIGAN ADDITION NO. 189 , TO FIX A DATE
OF PUBLIC HEARING THEREOF; AND TO PROVIDE FOR PUBLICATION OF A NOTICE
OF SAID HEARING.
WHEREAS, Don Dammel, the resident freeholders of 51% of certain real property
situated outside the corporate boundaries of the City of Kalispell, but contiguous
thereto, has requested the City Council of the City of Kalispell to pass a Resolution
of Intention to consider the annexation of a tract of land desc�ibek� in Exhil"t "A",
and
WHEREAS, it appears to the City that the owners of the tract of land are
desirous of being included within the boundaries of the City of Kalispell, and
WHEREAS, the City Council of the City of Kalispell has the authority under
Section 7-2-4705, M.C.A. to extend the corporate limits of the City of Kalispell
under the procedure set forth in Title 7, Chapter 2, Part 47, M.C.A., upon
initiation by petition, and
WHEREAS, the City of Kalispell is desirous of annexing the within described
property and that it is i.n the best interest of the City of Kalispell that said tract
be considered for annexation by the City Council of the City of Kalispell, and
WHEREAS, the City Council of the City of Kalispell recommends that the property
if annexed be zoned as General Business, B-3, in accordance with fronting zoning.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C1TY
OF KALISPELL AS FOLLOWS:
SECTION 1. That it is the intention of the City of Kalispell that
certain real property located in the SE-41NW-1, Section 20, T28N, R21W,
P.M.M., Flathead County, Montana, (to be designated as the "Culligan
Addition No. 189 ") shall be considered for annexation to the City of
Kalispell. Said territory is more particularly described in Exhibit "A"
attached hereto and for purposes of this Resolution made a part hereof.
. . if
SECTION 11. A public hearing on said proposed annexation will be held
by the Kalispell City Council at its regular meeting held in the Council
Chambers, Kalispell City Hall, commencing at 7:30 P.M. on the 2nd
day of December 1985.
SECTION 111. The City Clerk -Treasurer shall forthwith prepare and
publish in the Daily Inter Lake, a daily newspaper published at Kalispell,
Montana, proper notice of said public hearing.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED
BY THE MAYOR THIS 21ST DAY OF OCTOBER , 1985.
ATTEST:
Don Halver, City Clerk -Treasurer
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 October 21, 1985.
City Clerk of the City of Kalispell, Montana
EXHIBIT "A"
TRACT 1:
A tract of land situate, lying and being the SEkNTqh of Section
20, Township 28 North, Range 21 West, M.P.M., Flathead County,
Montana and more particularly described as follows, to -wit:
Commencing at the intersection the easterly boundary line of the
SEkNW4 of said Section 20 and the northerly boundary line of
U. S. Highway No. 93; thence North 0*021 West, and along the
easterly.boundary...line of said SEkNWk a distance of 672.9 feet
to a point; thence North 89059' West, a distance of 243.1 feet
to a point in the center of a Slough and the true point of
beginning of the tract of land being described; thence .
North 0581 West a distance of 194.0 feet to a point on the
easterly boundary line of U. S. Highway No. 93; thence North
71'14' West a distance of 189.7 feet to a point in the center
of said Slough; thence South 13*091 East and along the center
of said Slough a distance of 62.8 feet to the point of beginning.
TRACT 2:
A tract of land situate, lying and being in the SEI�NWI% of Section
20, Township 28 North, Range 21 Ilest, P.M.M., Flathead County,
Montana and more particularly described as follows, to -wit:
Commencing at the intersection of the Easterly boundary line of -
the SEhNA of said Section 20 and the Northerlv boundary line of
U. S. Highway No. 93, said point being a distance of 214.0 feet
-North 0102' West of the Southeast corner of the SE-1,4NWh; thence
North 00021 West and along the Easterly boundary line of the
SEkNWk a distance of 562.9 feet -to a point; thence North 89'58'
West and at right angles to the last described point a distance
of 215.0 feet to the point -of beginning of the tract of land
being described; thence Nort1rC890581 West a distance of 145.6
feet to a point on the Easterly right of way limits of U. S.
Highway No. 93; thence in a ' Northwesterly direction and along
a 2,865.0 feet radius curve to te right and along said highway
right of way a distance of 130.7 feet to a point; thence South
89'58' East and parallel to the South line of the property
being described a distance of 194.0 feet to a point a distance
of 243.1 feet from the Easterly boundary line of the SEP4NW4
of said Section 20 when measured at right angles; thence South
13'09' East a distance of 113.0 feet to the point of beginning.
EXCEPTING THEREFROM THE FOLLOWING:
A tract of land situate, lying and being in the SE�4NA of Section
20, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana and more particularly described as follows, to -wit:
Commencing at the intersection of the easterly boundary line of
the SEkN114 of said Section 20 and the northerly boundary line of
U. S. Highway No. 93; thence North 0'021 West, and alongthe
easterly boundary line of said SE4Mqk a distance of 562.9 feet
to a point; thence North 89058' West a distance of 215.0 feet
to a point in the center of a Slough and the true point of
beginning of...the tract of land being described; thence North
89058' West a distance of,145.6 feet to a point on the easterly
boundary line of U. S. Highway No. 93; thence North 640291 East
a distance of 148.0 feet to a point in the center of said Slough;
thence South 13*091 East and along the centerline of said Slough
a distance of 64.3 feet to the point of beginning.
Subject to an easement to Pa&ific Power & Light Company recorded
July 16, 1958 under Recorder's Fee No. 4171 in Book 421 page
233, records,of-Flathead County, Montana;
Further.subject to resejLvatlons by :�- J. Fopp and Myrna E. Fopp,
husband and wife, recorded October 27, 1967 . under Recorder's
Fee No,,. 715� in..-B.00k 493 page 910, records of Flathead County,
Montana; and
Further subject to an easement recorded July 11, 1972 under
Recorder's Fee No. 6241 in Book 540 page 233, records of
Flathead County, Montana.
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