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Resolution 3625 - Annexation - Carver AdditionRESOLUTION NO. 3625 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 ST, S4, SECTION 12, T28N, R22W, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS THE CARVER ADDITION NO. 188, TO ZONE SAID PROPERTY GENERAL BUSINESS, B-3 AND TO AMEND THE CITY ZONING MAP ACCORDINGLY. WHEREAS, John L. and LeEtta M. Carver, 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, have requested that the City of Kalispell annex said real property to the City of Kalispell; and WHEREAS, the City Council on the 15th day of July, 1985, adopted Resolution of Intention No. 3604 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 7th day of October and 21st day of October, 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 7th day of October and 21st day of October, 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 recommended on the 13th day of August, 1985, that the property be zoned as General Business, B-3; 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 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, 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 Con- struction" and meet the approval of the City Public Works Director. 2. That the owner's submit a letter of withdrawal from the rural fire district. 3. That the area to be annexed be recsorded as a separate tract of land through the filing of a Certificate of Survey at the owner's expense.. SECTION II. That the City Clerk -Treasurer of the City of Kalispell is authorized and directed upon 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 Ill. 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 General Business, B-3; 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 4TH DAY OF NOVEMBE13 1985. ATTEST: Don Halver, City Clerk -Treasurer 1 "EXHIBIT All A TRACT OF LAND LOCATED IN THE SOUTH HALF OF,THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL.MERIDIAN, MONTANA, FLA71EAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS* COnMENCING AT THE EAST ONE -SIXTEENTH CORNER OF SECTIONS 12 AND 13; THENCE N000 37'03"E, ON AND ALONG SAID NORTH BOUNARY OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 30.00 FEET TO A POINT WHICH LIES ON THE NORTH BOUNDARY OF A 60-FOOT ROAD KNOWN AS APPLEWAY DRIVE, AND WHICH POINT IS THE TRUE POINT OF BEGINNING. THENCE N89016109"E, ON AND ALONG SAID NORTH BOUNDARY OF THE 60-FOOT ROAD KNOWN AS APPLEWAY DRIVE, A DISTANCE OF 163.00 FEET TO A POINT; THENCE N00041'41"E, A DISTANCE OF 221.00 FEET TO A POINT; THENCE S89016109"W, A DISTANCE OF 174.30 FEET TO A POINT WHICH POINT LIES ON THE EAST BOUNDARY OF THE e. B'S ADDITION NO. 45 TO THE CITY OF KALISPELL, RECORDS OF FLATHEAD COUNTY; THENCE S0004114111W, ON AND ALONG SAID EAST BOUNDARY OF THE 4 B'S ADDITION NO. 45, A DISTANCE OF 221.00 FEET TO A POINT WHICH POINT LIES ON SAID NORTH RIGHT-OF-WAY BOUNDARY OF APPLEWAY ROAD; THENCE N89016109"E, ON AND ALONG SAID RIGHT-OF-WAY OF APPLEWAY DRIVE, A DISTANCE OF 11.30 FEET TO THE TRUE POINT OF BEGINNING. THIS TRACT CONTAINS 0.884 ACRE. 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- 1 1 5 k/'ff�-i •• v s�- ��`-,�' �..�,-,,p-'ys� pf.� i � -�' "� - " q '- �� `vr y �r _'rt "'` -e• � r- _ _ - .- ��,�,�f • P �, r. ; �.i,..,a,�%� "H� i �- -s W rr o- .•s ' e.. s �, � id " ,, ' .•,+� 'a t- j' ti ^� s �d ,' - s - r .t,y 1Y. :.: _�,�a. 1.1. ..+f-�4�r . �b d,N .. h4'"� �`i f: � . �.,� � : -aE' t ?_ ,.� � '�;!"v. t?'. • s- ,...rxf- � �� � - c _ .,-5.