Resolution 3846 - Resolution of Intent - Indian Add.RESOLUTION NO. 3846
A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRITORY
TO THE CITY OF KALISPELL; SAID TERRITORY BEING LOCATED IN GOVERNMENT
LOT 1 OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, M.P.M., FLATHEAD
COUNTY, MONTANA, TO BE DESIGNATED AS THE INDIAN ADDITION NO. 224 ,
TO FIX A DATE OF PUBLIC HEARING THEREON, AND TO PROVIDE FOR DUE AND
PROPER NOTICE OF SAID ANNEXATION.
I WHEREAS, certain real property as is more particularly described
in Exhibit "A", attached hereto and for purposes of this Resolution
made a part hereof, is contiguous to and wholly surrounded by the
corporate limits of the City of Kalispell, and
WHEREAS, in the judgment of the City Council of the City of
Kalispell, Montana, it is in the best interest of the City of Kalispell
and the inhabitants thereof that the contiguous and wholly surrounded
platted tracts encompassed in Exhibit "All be annexed to the City of
Kalispell, so that the boundaries of the City of Kalispell should be
extended so as to include the same within the corporate limits of
the City of Kalispell, and
WHEREAS, on the 3rd day of April, 1989, the City Council of the
City of Kalispell adopted pursuant to Title 7, Chapter 2, Part 47,
Montana Code Annotated, an Extension of Services Plan which anticipated
development to City services for approximately five years in the
future, and
WHEREAS, the City Council has further caused to be developed a
"mini -extension of services plan" for the territory described in
Exhibit "All and proposed by this Resolution to be annexed, and said
"mini -extension of services plan" is attached to this Resolution as
Exhibit "B" and for purposes of this Resolution made a part hereof,
and
WHEREAS, said "mini -extension of services plan" is available at
the office of the City Clerk -Treasurer for public inspection, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission on the 11th day of April, 1989 held a Public Hearing,
pursuant to S6.13, Kalispell Zoning Ordinance, to recommend zoning
for the territory described in Exhibit "A" and recommended that the
territory, described in Exhibit "All r be zoned Residential
F R-3 , in accordance with the Kalispell Zon�ing Ordinance,
in the event the territory is annexed to the City, and
WHEREAS, the City Council intends that said territory, if annexed,
shall be zoned in accordance with the recommendation of the Kalispell
City -County Planning Board and Zoning Commission, and
WHEREAS, the City of Kalispell desires to annex the property to
the City of Kalispell under the provisions of Title 7, Chapter 2,
Part 45, Montana Code Annotated.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That it is the intention of the City of Kalispell
that certain territory comprising all of the contiguous
and wholly surrounded property described in Exhibit "A" be
embraced within the corporate limits of said City and that
the boundaries of said City be extended to include the
same.
SECTION Il. That it is further the intention of the City
of Kalispell that the property described in Exhibit "A",
upon annexation, be zoned as Residential
R-3 _.
SECTION III. That the City Clerk -Treasurer of the City of
Kalispell stiall give immediate notice of the passage of
this Resolution by notifying in writing all owners and
purchasers under contract for deed of property in the terri-
tory, addressed to the address to which tax notices are
sent, of the passage of this Resolution in the Daily Inter
Lake once a week for two successive weeks.
SECTION IV. That the notice herein ordered published shall
state that this Resolution has been duly and regularly
passed and that for a period of twenty (20) days after the
f irst publication said Clerk -Treasurer will receive
expressions of approval or disapproval, in writing, from
the freeholders within the territory to be annexed except
that, in accordance with Section 7-2-4502, MCA, the territory
shall be annexed, upon passage of a Resolution of Annexation,
whether or not a majority of the resident freeholders in
the territory object.
SECTION V. That at the next regularly scheduled meeting
of Fh_eCity Council after the expiration of the twenty
(20) days of Section IV, supra, the City Clerk -Treasurer
shall lay before the city Council all communication in
writing received by him for said Council's consideration.
SECTION VI - That if af ter considering the comments made
the Council shall duly and regularly pass and adopt a
Resolution of Annexation, the boundaries of the City of
Kalispell shall be extended so as to embrace and include
said territory, upon date fixed in said Resolution of
Annexation.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 17th
DAY OF - April , 1989.
ATTEST:
zz
City Clerk -Treasurer, C.M.C.
q a 1�4,
ci�hn "Ed"'Kenne0y Jr., Mayor
EXHIBIT "A"
A tract of land in Government Lot 1 of Section 1, Township 28 North,
Range 22 West, M.P.M., Flathead County, Montana described as
follows:
Beginning at -the Southwest corner of Lot I of the O'Neil Addition
No. 22 to Kalispell, thence S 730 51' E 141.6' (record) to a point
on the easterly boundary line of said Government Lot 1, thence
southerly on and along the easterly boundary line of Government Lot
1 to its intersection with the northerly boundary line of Indian
Trail Road, thence N 600 101 W, 20.01 (record) to a point, thence
S 890 501 W 119.3' (record) to a point on the easterly boundary line
of U.S. Highway No. 93, thence northerly on and along the easterly
boundary line of U.S. Highway No. 93 to the point of beginning.
I
I
EXHIBIT "B"
SLIVERS ADDITION
and
INDIAN ADDITION
9E ERq;L
The Slivers Addition
Addition OFF is comprised Of two tracts of land in the LeDuc
OF Woodland Avenue. The Indian Addition ,
Of land located on the north side of Indi is a single tract
intersection with U. S. MighwaW 93. an Trail Road at the
'� �X—T I �N—S 10 � L �' 1 —q -ER -Y J. 9 Q � �4 A N
Each Of the subject additions are
land. The development Potential 'Comprised Or unbuildable tracts of
on whether these Of ang OF these tracts largalW depends
adjoining tracts can be assimilated,
properties. in some fashion, into the
extension Apart From this occurring, there is no need For
Of. services to these particular properties.
into the adjoining properties, the tracts will IF incorporated
to those adjoining properties,
services currentlU available enjoU the same CitW
alreadU inside the Citu limits. which are
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13 k. 8
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Water, sewer and roads as shown.
INDIAN ADDITION