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Ordinance 1012 - Annexation - Gerard Addition 144L. ORDINANCE NO. 1012 AN ORDINANCE TO PROVIDE FOR ALTERATION OF THE BOUNDARY OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CER- TAIN REALTY TO BE KNOWN AS "GERARD ADDITION NO. 144"; TO ZONE SAID REALTY AS "GENERAL COMMERCIAL B-3" DISTRICT AND AMEND THE CITY ZONING MAP ACCORDINGLY. WHEREAS, by petition of A. J. Gerard, the resident free- holder by more than 51% of the certain real property situated outside the boundaries of the City of Kalispell, but contiguous thereto, the City of Kalispell was on the 5th day of April, 1982, 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 here- to and by this reference, made a part thereof; and WHEREAS, the City Council.in response to said petition did on the 5th day of April, 1982, adopt Resolution No. 3400 to con- sider the annexation of said realty, to be known as "Gerard Addition No. 144"; 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 -Treasurer; and WHEREAS, said public hearing was duly held by the City Council pursuant to said notice at its regular meeting on May 17, 1982; and at such public hearing, the City Council, after consideration of the report made and filed as required by Section 7-2--4731, M.C.A., and hearing all evidence presented on said petition, did find that all standards for annexation, set out in Section 7-2-4734, M.C.A., as amended, were met and duly considered; and WHEREAS, the City does intend to provide all services to said realty being annexed as set forth in the report made to and filed with the City Clerk -Treasurer as required by Section 7-2-4731, M.C.A., and WHEREAS, the effective date of said annexation should be the date that the City Clerk -Treasurer does, pursuant to order of the City Council, filed with the Flathead County Clerk and Recorder, a copy for the record as entered on the minutes of the City Council of these proceedings;:and WHEREAS, upon the recommendation of the Kalispell Zoning Commission therefore, a public hearing was duly noticed and held on May 17, 1982, by the City Council concerning the desig- nation of said area as a "General Commercial B-3" District under the City of Kalispell Zoning Ordinance; after hearing and con- sidering the evidence presented at said public hearing, the City Council did approve such a zoning classification as proper for all said realty. WHEREAS, the proposed "Gerard Addition No. 144" is included within and conforms to the Kalispell Land Use Plan. NOW AND 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.Kalispell and the boundary of the City is altered to so provide on the following consider- ations: . a. That the landowners waive the right to protest to S.I.D.'s for road and right-of-way improve- ments, storm drain and sewer systems. 4 2. If within_ days of the 17th day of May, 1982, said date being the date of the public hearing held by the City Council on the Petition to Annex as a result of Resolution No. 3400, there are not received by the City Clerk -Treasurer expressions of disapproval of this annexation made in writing by a majority of the resident freeholders of said area or the owners of more than 75% in assessed values of the real estate in the territory to be annexed, the City Clerk -Treasurer 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 filed said document with the Flathead County Clerk and Re- corder upon or after the effective date hereof. 3. From and after the date of said filing of said doc- uments as prepared by the City Clerk -Treasurer, said annexed territory is a 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. 4. All of said realty so annexed to the City shall be a "General Business B-3" District under the City of Kalispell Zoning Ordinance; the City Zoning Map shall be amended to so reflect. 5. This ordinance shall be effective thirty (30) days from and after its final passage by the Council and approved by the Mayor. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 21ST DAY OF JUNE , 1982. ATTEST a v Marjori Giermann, City Clerk --Treasurer 1;. Marjo ie Giermann, City Clerk of the City of Kalispell, do certify that on the ? day I posted a copy of the foregoing ordl e in my office the ame remained. posted until the second reading on. the day of , 192Z , end that the foregoing is a true and correct copy of the o ance as pa ed by the City Council. ty C]Ark of the City of Kalispell, Montana I 1 1 1 EXHIBIT "A" A tract of land in the SE4SE4 of Section 12, Township 28 North Range 22 West, M.P.M., described as follows: Commencing at the Southeast Corner of Section 12; thence South 89016140" West a distance of 264.00 feet to a point; thence North 00030'00" East a distance of 130.00 feet to the true point of beginning of the tract of land herein described; thence continuing North 00030r00" East a distance of 530.00 feet to a point; thence North 89016'40" West a distance of 234.00 feet to a point; thence South 89016100" West a distance of 234.00'feet to the true point of beginning. Tract 2 of Certificate of Survey No. 4055. EXCEPTING THEREFROM Public Roads and Rights of Way.