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Ordinance 1018 - Annexation - Hutton Addition 148317 ORDINANCE NO. 1018 AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARY OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN REAL PROPERTY TO BE KNOWN AS THE "HUTTON ADDITION NO. 148"; TO ZONE SAID PROPERTY AS "SUBURBAN AGRICULTURE SAG-1" DISTRICT AND TO AMEND THE CITY ZONING MAP ACCORDINGLY. WHEREAS, by petition of Jack Hutton, Jr. and Evelyn P. Hutton, the resident freeholders by more than 51% of certain real property situated outside the boundaries of the City of Kalispell, but contiguous thereto, the City of Kalispell was on the 2nd day of June, 1982, requested to adopt a Resolution of Intention to consider the 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 7th day of June,.1982, adopt Resolution of Intention No. 3410 to consider the annexation of said realty to be known as "Hutton Addition No. 148"; 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 the 19th day of July, 1982, and at said public hearing, the City Council, did move to recess said public hearing until the 20th day of September, 1982, to allow time for a special election by the citizens of Flathead County authorizing Flathead Valley Community College to build a new campus on said property; and WHEREAS, said public hearing wa the 20th day of September, 1982, anc Council, after consideration, of the quired by Section 7-2-:731, M.C.A., presented on said petition did find set out in Section 7-2-4734, M.C.A., considered; and duly called back to order on at such public hearing, the City report made and filed as re - and hearing all the evidence that all standards for annexation as amended, were met and duly. WHEREAS, the City of Kalispell does intend to provide all ser- vices to said realty being annexed as set forth in the report made and filed with the City Clerk--Treasurer.:-as: requir.ed. by Section 7- 2-4731, M.C.A., and WHEREAS, the effective date of said annexation should be the date thirty days next succeeding the final passage of this Ordinance and approval by the Mayor; and WHEREAS, upon the recommendation of the Kalispell Zoning Com- mission therefore a public hearing was duly noticed and held on the 19th day of July, 1982, by the City Council concerning the de- signation of said area as a "Suburban Agriculture SAG-1" 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 "Hutton Addition No. 148" 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", and attached hereto shall be annexed to the City of Kalispell and the boundary of the City is hereby altered to so provide on the following considerations: 318 A. That the landowners and other necessary parties waive the right to protest the creation of S.I.D.'s for storm sewers, water, sanitary sewer, road and right of way improvements. B. That the land developer install and/or improve extensions for water and sewer in accordance with the City's "Standards and General Provisions for Design and Construction". C. That the approaches to U.S. Highway ;#93 and Grandview Drive be approved by the State Department of Highways, the County Road Department and the City of Kalispell (based on anticipated use), following a traffic analysis in accordance with City Standards. D. That site development plans be reviewed and approved by the City Building, Engi- neering, and Fire Officials, noting the comments attached to this annexation re- port. E.. The disposal of any or all of the area by the owners, their 'successors, heirs or assigns shall be with the approval of the City Council of the City of Kalispell. 2. If within twenty days of the 20th day of September, 1982, said date being the date of -the reconvening of said public hearing held by the City Council on the Petition to Annex as a result of Resolution No. 3410, there are not received by the City Clerk - Treasurer expressions of disapproval of this annex- ation made in writing by a majority of the resi- dent freeholders of said area or the owners of more than 75% in assessed values of the real estate in the territory to be annexedt the City Clerk -Treas- urer is directed to then make and certify, under the seal of the City a copy of a record of these proceedings as are entered'on the minutes of the City,. and file said documents with the Flathead County Clerk and Recorder upon or after the effec- tive date hereofo 3. From and after the date of said filing of said docu- ments -In the _:.Off ice .bf the= Flathead County.. C l erk and Recorder or.the effective date of this Ordinance, whichever is lateri said annexed territory is part of the City of Kalispell and said territory.and its citizens and property shall be subject to all debt,, 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 "Suburban Agriculture SAG-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 days from and after its final passage by the City Council and approval by the Mayor. 31 9 PASSED BY THE. CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS _/g DAY OF Qd-�o /� r 1982. ATTEST: Marjori Giermann, City Clerk -Treasurer 1., Mar�j�o-r$ie G'ermann, City Clerk of the City of Kalispell, do certify that on the S day of L �r� , 19 12 , I posted a copy of the foregoing ordinance in office and the same remained posted until the second reading on the J g _day of , 19 , and that the foregoing is a true and correct copy of the ordinancg as passed by the City Co-uncil. . City F erk of the City of Kalispell, Montana ORDINANCE NO. 1018 t Government Lot 4 of Section 31, Township 29 North, Range 21 West, M.P.M. Flathead County, Montana. EXCEPTING THEREFROM those portions deeded to Flathead. County and the State of Montana in deed recorded December 6, 1920 in Book 148, Page 302 as Document No. 4692 and in deed recorded. April 30, 1956 in Book 387, Page 281 as Document No. 2864, records of Flathead County, Montana.