Ordinance 1017 - Annexation - Treasure State Plaza Addition 147I
ORDINANCE NO. 1017
AN ORDINANCE TO.PROVIDE FOR ALTERATION OF THE. BOUNDARY:OF THE CITY
OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN REAL
PROPERTY TO BE KNOWN AS THE "TREASURE STATE PLAZA ADDITION NO. 1.47";
TO ZONE SAID REALTY AS "RESIDENTIAL APARTMENT RA--l" DISTRICT AND
_. AMEND THE CITY ZONING MAP ACCORDINGLY.
WHEREAS', by petition of C. Dale Collins, the resident freeholder
by more than 51% of the certain real property situated outside the
boundary of the City of Kalispell, but contiguous thereto, the City
of Kalispell was on the 21st day of June, 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 hereto and by this reference, made a part
thereof; and
WHEREAS, the City Council of the City of Kalispell in response
to said petition did on the 21st day of June, 1982, adopt Resolu-
tion No. 3414 to consider the annexation of said realty, to be
known as "Treasure State Plaza Addition No. 147"; and pursuant
thereto, the 'City Council did set a public hearing to be head-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
purl::,-_nt to said notice at its regular meeting on the 4th day of
August, 1982, 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 the evidence presented on said
petition did find that all standards for annexation set out in
Section 7-2-4734, MCA, 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, MCA,
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 tiscbMinendatibh of the Kalispell Zoning Com-
mission therefore, a public hearing was duly noticed and held on
July 13, 1982, by the City Council concerning the designation of
said area as a "Residential Apartment RA-l" District under the City
of Kalispell Zoning Ordinance; after hearing and considering 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 "Treasure State Plaza Addition No. 147"
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 considerations:
a. That the landowners and other necessary parties waive
the right to protest S.I.D.'s for storm sewers and
street right-of-way improvements.
b. That the applicant provide the City with a 30 foot right-
of-way for future north -South street between this addition
and the midsection line of Section 12, T•28N, R22W.
15
c. That the location of said right-of-way be agreed upon by the
applicant and the City, and that said right-of-way be dedi-
cated to the City prior to the completion of the annexation,
provided, however, that the dedication of the right-of-way
herein referred to, does not impute upon the City any re-
sponsibility to improve said right-of-way prior to ob-
taining 30' right-of-way along the westerly boundary of
the right-of-way.
d_ That the extension of roads, water, sewer lines, storm
drainage improvement and site grading shall be done by the
applicant/developer in accordance with the City of Kalispell
"Standards and General Provisions for Design and Construc-
tion."
2. If within 20 days of the 4th day of August, 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. 3414,
there are not received by the City Clerk -Treasurer expressions
of disapproval of this annexation made in writing by a maj-
ority 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 min-
utes of the City, and file said document with the Flathead
County Clerk and Recorder upon or after the effective date
hereof.
3. From and after the date of said filing of said documents
as prepared by the City Clerk -Treasurer, said annexed terri-
tory 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
"Residential Apartment RA--1" 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 13 DAY OF . SEP'1'EMEER , 1982.
y . McDowe 1, Mayor
ATTEST:
Marjorile Giermann, City Clerk -Treasurer
I, Marj ie Gie3mann, City Clerk of the City of Kalispell, do certify that on the : 6 day
of , 19 F2 , I posted a copy of the foregoing ordina=,/,
ffice
and the s remained pasted until the second reading on the /.3 day of 19y
and that t e foregoing is a true and correct copy _of the oZ dinance. as passe by the City
Council. -
City
City of Kalispell, Montana,
316
EXHIBIT "A"
A'tract of land located in the Northwest Quarter of the
Northeast Quarter of Section 12, Township 28 North, Range 22
West, Principal Meridian, Montana, Flathead County, Montana,
and more particularly described as follows:
Commencing at the Northwest corner of E1 Dorita Village
Addition No. 111, indicated by a found•5/8" re -bar, and
which re -bar is the true point of beginning.
Thence S89045100"i-J, a distance of 404.05 feet
to a point;
Thence N00055156"E, a distance, of 165.08 feet
to a point which lies on the South boundary of
a tract of land described in Book 484 page 59,
Records of Flathead County;
Thence S89036'00" W, on and along said South
boundary o:E a tract of land described in Book
484 pace 59, a distance of 30.00 feet to a point
which point indicates the Northwest corner_ of a
tract of land described in Book 526 page 91, Records
of Flathead County;
Thence S00055156";nT,on and along the West boundary
of said tract of land described in Book 526, page
91, a distance of 601.09 feet to a point wnich'in--
dicates the Southwest corner of said tract described
in Book 526 page 91;
Thence N89"58'39"E, on and a.long'the South boundary
of said tract described in book 526 page 91, a.dis-
tance of 30.00 feet to.a point;
Thence N00055'56"E, a distance of 376.20 feet to
a paint;
Thence N89045.'00"E, a distance of 180.59 feet to
a point;
Thence S00025'05"W, a distance of 254.00 feet to
a point;.
Whence N89045132"E, a distance. of 274.94 feet to a
point which lies on the West boundary of El Dorita
Village Addition No. 111, Records of Flathead County;
Thence N00034'33"W, on and along said West boundary
of El Dorita Village Addition No. 111, a distance of
54.00 feet to a found corner or said El ,Dorita Village
Addition No. 111;
Thence S89045' 51"W, on and along a. South boundary of
said El Dorita Village Addition No. 111, a distance
of 50.00 feet to a corner of said E1 Dorita Village
AdditionAddition No. ill;
Thence N00025'05"E, on and along a West boundary of
said E1 Dorita Village Addition No.111, a distance of
260.03 feet to the true point of beginning.
Basis of Bearings: North Boundary of said El Dorita Village
Addition No.111, Records of Flathead County, Hontana, taken
as S85°45'00"E.
This tract contains 2.340 acres.
1
1
LJ