Ordinance 976 - Annexation - Arndt Addition 128207
ORDINANCE NO. 976
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 ARNDT ADDITION NO. 128.
WITNESSETH:
WHEREAS, by petition of Robert F. Arndt, et al., resident free-
holders of more than 51% of the certain real property situated out-
side the boundary of the City of Kalispell, but contiguous thereto,
the City of Kalispell was, on December 26, 1980, requested to adopt
a Resolution of Intention to consider annexation of said realty to
the 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
March 16, 1981, adopt Resolution No. 3325 to consider the annexa-
tion of said realty, to be known as Arndt Addition No. 128; and, pur-
suant 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 April 20, 1981;
and, at such public hearing, the City Council, after consideration
of the report made and filed as required by Section #7-2-4731, MCA,
and hearing all evidence presented on said petition, did find that all
standards for annexation, set out in Section #7-2-4734,-MCA, 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
filed with the City Clerk as required by Section #7-2-4731, MCA;
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 Commercial (B-3);
NOW THEREFORE, BE IT ORDAINED THAT:
1. The real property as is more particularly described in
Exhibit "A" attached hereto, shall be annexed to the City of Kalis-
pell and the boundary of the City is altered to so provide; and
2. If, within twenty (20) days of April 20, 1981, 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. 3325, 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 County Clerk and Re-
corder; 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-
perty shall be subject to all debts, laws, ordinances and regula-
208
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 Commercial (B-3) District under the City of Kalispell Zon-
ing Ordinance..
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND APPROVED BY THE MAYOR THIS IST DAY OF JNE , 1981
eur�y7,ctl ►O. C
Norma E'. Happ, Mayor` '
ATTEST-.
Marjori Giermann, City Clerk
EXHIBIT "A"
A tract of land.lying and being in the NEQNW4,
...Section 20, Township 28 North, Range 21.West,
F.M.M., Flathead County, Montana, and more par-
ticularly described as follows, to -wits
Commencing at the N4 corner of Section 20, thence
North 890 21' 001" West, .adistance of 367,60 .
feet to the Westerly R/W of 5th Ave. East*
thence along said R/W
South 130'21' East, a distance of 386.60 feet to
the true point of beginning of the tract here-
in described; thence along said R/W
south 130 21' East, a distance of 181.15 feet;
thence -leaving said R/W
South TF° 39'. West, a distance of .559.00 -feet to
the Easterly R/W of 3rd Ave. East, thence
along said R/W
North 130 21' West, a distance of 192.8 feet;.
thence leaving said R/W
North 760 39' East, a distance of 226.0 feet;
thence
South 13° 21' East, a distance of 11.65 feet;
thence
North a6o.:39'. East, a distance of 333_0 feet to'
I; Marjorie Giermann City Clerk of the City of Kalispell, Montana, do certify that on
the oZ/ day of , 19,L/ I posted a copy of the foregoing ordinance
in office, and. th same remained posted -until the second reading on the day of
19, and the foregoing is a true and co ct copy of the ordinance
asp sed by the City Council.
City Cle of the City of Kalispell, Montana
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