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Resolution 3879 - Annexation - Slivers Add. 229RESOLUTION NO. 3879 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 BE KNOWN AS SLIVERS ADDITION NO. 229; TO ZONE SAID PROPERTY RESIDENTIAL, R-2, AND TO AMEND THE CITY ZONING MAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the boundaries of the territory to be annexed is contained in Exhibit "A" attached hereto and for purposes of this Resolution made a part hereof, and WHEREAS, the Flathead Regional Development Office has made a report on the annexation/zoning of the territory dated April 4, 1989, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission held a public hearing on the annexation and zoning of the property, pursuant to §6.13, Kalispell Zoning Ordinance on April 11, 1989 and recommended that the territory be annexed into the City of Kalispell and be zoned Residential, R-2, in accordance with the Kalispell Zoning Ordinance and the Kalispell City -County Master Plan, and WHEREAS, the City Council of the City of Kalispell held a public hearing pursuant to §6.13, Kalispell Zoning Ordinance on May 15, 1989 to consider the report made by the Flathead Regional Development Office and the recommendation of the Kalispell City -County Planning Board and Zoning Commission, and WHEREAS, based upon the report of the Flathead Regional Development Office and the recommendation of the Kalispell City -County Planning Board and Zoning Commission, the City Council of the City of Kalispell finds that the recommended zoning classification for the territory is in accordance with the Kalispell City -County Master Plan and the Kalispell Zoning Ordinance based upon the following criterion: 1. The proposed R-2 zoning classification is appropriate since it will serve to zone the LeDuc Addition in a common fashion. Otherwise the zoning has little bearing on the use of the subject properties since these tract segments are not buildable tracts of land. The zoning will simply allow the application of a common zoning classification to the entire tracts of record as opposed to portions of the tracts/lots. 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 anticipates development of City services for approximately five years in the future, and WHEREAS, the City has caused to be developed a "mini -extension of services plan" for the territory described in Exhibit "B" and by this Resolution annexed to the City of Kalispell. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all of the real property as is more particularly described in Exhibit "A", attached hereto, shall be annexed to the City of Kalispell and the boundaries of the City are altered to so provide. SECTION II. Upon the effective date of this Resolution, the City Clerk -Treasurer's office is directed to make and certify, under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk -Treasurer, or on the effective date hereof, whichever shall occur 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 III. The territory annexed by this Resolution shall be zoned as Residential, R-2, and the City of Kalispell zoning map shall be altered to so provide. SECTION IV. This Resolution shall be effective thirty (30) days from and after its final passage by the City Council and approval by the Mayor. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 5TH DAY OF JUNE, 1989. "Ed" Kennedy Jr., Mayor ATTEST: Don Halver, C.M.C. City Clerk -Treasurer I, the undersigned, City C1Eik of the City of ICaliapell, certify that the foreZoing is a true dopy of the Rezolution pasaad by the City Counoil of the City of Kalispell, lloiitana at a regular weeting held City Clerk of the City of Kalispell 1 7 1 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 10020100" 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 51°31' 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 2.0 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 ❑ESCRIPTION The Slivers Addition is comprised Addition OF two tracts OF land in the LeOuc 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. EXTENSI❑N ❑F SERVICES PLAP,I Each of the subject additions are comprised OF unbuildable tracts of land. The development potential of any of these tracts largaly depends on whether these tracts can be assimilated, adjoining properties. in some Fashion, into the Apart From this occurring, there is no need For extension of serti�ices to these particular into the adjoining properties, the tracts rQwill�e1Ftai incorporated enjoy services currently available to those adjoining properties, which are already inside the City limits. 1�D pi 4 Oti �Sr drrsE�r~� ►p, u 7 �.d'�1.s�rI�N� �S s U Q 10 12 �. fs Y Gay dot .y.3.���/• a' f '/d' 1 SLIVERS ADDITION v Water and roads as shown. �: