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Resolution 3851 - Resolution of Intent - Slivers Add.RESOLUTION NO. 3851 A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRI- TORY TO THE CITY OF KALISPELL; SAID TERRITORY BEING LOCATED IN THE LEDUC ADDITION, FLATHEAD COUNTY, MONTANA, TO BE DESIGNATED AS THE SLIVERS ADDITION NO. 229 ', TO FIX A DATE OF PUBLIC HEARING THEREON, AND TO PROVIDE FOR DUE AND PROPER NOTICE OF SAID ANNEXATION. 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 "A" 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 "A" 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 §6.13, Kalispell Zoning Ordinance, to recommend zoning for the territory described in Exhibit "A" and recommended that the territory, described in Exhibit "A", be zoned Residential R-2 , in accordance with the Kalispell Zoning 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 II. 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-2 . E SECTION III. That the City Clerk -Treasurer of the City of Kalispell shall 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 first 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 the City 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 after 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 DAY OF _-And] 1989. yhnd" Kennedy r., Mayor ATTEST: City Clerk -Treasurer, C.M.C. I, the undersigned, City Clark of the City of Italicpell, certify that the foregoing is a true copy of the Resolution passed by the City Council of the City of I:alispell, Nontana at a regular i;eeting held City Cleric of the City of Kalispell EXHIBIT "A" That portion of Lots 8 and 9 LeDuc Addition, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, described as follows: Beginning at the Southeast corner of Lot 9; thence along the East Line of said Lot 9 North 10020'00" East a distance of 45.00 feet to a point; thence North 77040113" West a distance of 166.16 feet to a point; said point being the Southwest corner of said Lot 8 of LeDuc Addition; thence along the South line of said Lot 8 South 71049'15" East (South 71001' East record) a distance of 93.40 feet to the Southeast corner of said Lot 8; thence along the South line of Lot 9 South 52019115" (South 51031' East record) a distance of 82.80 feet to the true point of beginning. That portion of Lot 2 LeDuc Addition, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, described as follows: . Commencing at the Southwest corner of said Lot 2; thence North along the West boundary line of said Lot 2 a distance of 20 feet to a point; thence Easterly and parallel to the South boundary line of said Lot 2 to an intersection with the Easterly boundary line of said Lot 2; thence South along the East boundary line of said Lot 2 to the Southeast corner of said Lot 2; thence Westerly along the South boundary line of said Lot 2 - to the point of beginning. EXHIBIT "B" SLIDERS ADDITION and INDIAN ADDITION GENERAL DE5CRIPTI�Pd The Slivers Addition is comprised OF two tracts of land in the LeDuc Addition OFF of Woodland Avenue. The Indian Addition is a single tract Of land located on the north side of Indian Trail Road at the intersection with U. S. Highway 93. EX7ENSIQN_pF SERUICE5 PLAN Each of the Subject additions are comprised of unbuildable tracts OF land. the development potential on whether these Of any OF these tracts largely depends tracts can be assimilated, in some fashion, into the adjoining properties. Apart From this occurring, there is no need For extension of services to these particular properties. IF incorporated into the adjoinin B properties, the tracts will enjoy the same City services currently available to those adjoining properties, already inside the city limits. which are I i Imo.' IL I i - la 44 V V i Q[ 12 41, L ys- • } SLIVERS ADDITION Water and roads as shown.