Ordinance 968 - Annexation - Birk Addition 119190
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ORDINANCE NO. 968
AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARY OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN
REALTY TO BE KNOWN AS BIRK ADDITION NO. 119.
WITNESSETH:
WHEREAS, by petition of Timothy R..Birk, et al., a resident
freeholder of more than 51% of the certain real property situated
outside the boundary of the City of Kalispell, but contiguous there --
to, the City of Kalispell.. -was, on may 8, 1980, requested to adopt
a Resol.u:tion of Intention t-o-consider.annexation of said realty to
tho'City of Kalispell; said realty being more particularly described
in Exhibit "A" attached hereto which, by this reference, is made a
part hereof; and
WHEREAS, the City Council in response.to said petition did, on
November 17, 1980, adopt Resolution No. 3313 toconsider the annex-
ation of said realty, to be known as Birk Addition No. 119; and
pursuant thereto, the City Council did set a public hearing to be
held on said petition, and due and proper notice of said public
hearing was given by the City Clerk; and
WHEREAS, said public hearing was duly held by the City Council
pursuant to said notice at its regular meeting on December 15, 1980;
and, at such public hearing, the City Council, after consideration
of the report made and filed as required by #7-2-4731, M.C.A., and
hearing all evidence presented on said petition, did find that all
standards for annexation, set out in #7-2--4734, M.C.A., were met and
duly considered; and
WHEREAS, the City does intend to provide all services to said
realty being annexed as are set forth in the report.made to and
filled with the City Clerk as required by #7-2-4731, M.C.A.; and
WHEREAS, the effective date of said annexation should be the
date that the City Clerk does, pursuant to order of the Council,
file with the Flathead County Clerk and Recorder, a copy of the re-
cord as entered on the minutes of the Council of these proceedings;
and
WHEREAS, pursuant to Section 6.17(A), of the City of Kalispell
Zoning Ordinance, the proper zoning district classification to be -
applied to such annexed territory is:
"GENERAL BUSINESS B--3"
NOW THEREFORE, BE IT ORDAINED THAT:
1. The real property.._as is -more -particularly described in Ex—
hibit "A" attached hereto, shall be annexed to the City of Kalispell
and the boundary of the City is altered to so provide; and
2. If, within twenty (20) days of the 15th day of December,
1980, said date being the date of the public hearing held by the
City Council on the Petition to Annex and as a result of Resolution
No. 3313, there are not received by the City Clerk expressions of
disapproval of this annexation made in writing by a majority.of the
resident freeholders of said area to be annexed, the City Clerk is
directed to then 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, and forthwith file said document with the Flathead Coun-
ty Clerk and Recorder; and
3. From and after the date of said filing of said document as
prepared by the City Clerk, said annexed territory is a part.of
the City of Kalispell and said territory and its citizens and pro--
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perty shall be subject to all debts, laws, ordinances and regula-
tions in force in the City of Kalispell and shall be entitled to
the same privileges and benefits as are other parts of the City.
4. All of said realty so annexed to the City shall be a
General Business B-3 under the City of Kalispell Zoning Ordinance.
- FINALLY°PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND APPROVED BY THE MAYOR THIS 5TH DAY OF JANUARY, 1981.
Norma E. Happ, Mayor
ATTEST:
Marjor Giermann, City -Clerk
t h wear 0" w. ety of
Wsbapsll, ortapss, do hweby eettiEy ibis to ba a true copy of
------ l 9k_E'__ of tm City a! Kenspeil, as psswd
andaaoppmved by the tileyor and �City CoGMCFI ooe
14 Q_ � The original of said ------- Is
maintained la the books end records of flap C*v of KslispW
under my sere and Sept vitian.
Ybsted this - cloy
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I, Marjorie Gierm nn, City Clerk of the City of Kalispell, Montana, do 'certify that on
the 15th day of December, 1984, I posted a copy of the foregoing ordinance in my
office, and the same remained posted until the second reading on the 5th day of
January, 1981, and the foregoing is a true and correct copy of the ordinance as passed
by the City Council. -
City
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City of Kalispell, Montana
EXHIBIT
A tract of land situated, lying and being in the Northeast
Quarter of the Northwest Quarter (NE4N4+I-4) of Section 20,
Township 28 North,'Rs'nge 21 West, P.M,M., Flathead County,
Montana, and more particularly described as follows:
Commencing'at the North quarter corner.of Section 20,
Township 28 North} Range 21 West; thence
North 890 44 West a distance of 783.07 feet to a point
which is the'true point of beginning of the tract of
land tieing described; thence
North 890 44 West and. continuing .along said line a dis-
tance of 268,93 feet to a point; thence
South 310 OP17" East and along the Easterly right of
way, of the existing highway, a distance of 190,57
feet to a point; thence
North 760 39t- East a distance of 203,10 feet to a point;
thence '
North 130 211 West a distance'of 118.13 feet to the place
of beginning,
STATE OF MONTANA, ss
County of Flathead
Filed for record at the request of
this--/1 day ofo'clock !a M and recorded in VOL.iC3
PAGE — 9 . _ _ Records of Flathead County, . State of Montana. 411
Fee S 4o d.
Flathead County Clerk and Recorder
RECEPTION NO. .--J/Ad
RETURN TO Deputy c
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