Ordinance 1024 - Annexation & Zoning - Kaltan Addition326
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ORDINANCE NO. 1024
AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARY OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION CERTAIN
REAL PROPERTY COMPRISING ASSESSORS TRACT 7A IN THE SW4SE4, SECTION
12, T28N, R22W, P.M.M., FLATHEAD COUNTY MONTANA, TO BE DESIGNATED
AS THE "KALTAN ADDITION NO. 153"; TO ZONE SAID REALTY AS "GENERAL
BUSINESS, B-3" DISTRICT AND AMEND THE CITY ZONING MAP ACCORDINGLY.
WHEREAS, by petition of the Kaltana Corporation, a Montana
Corporation, by and through Donald M. Whaley, its President and
major shareholder, 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
16th day of December, 1982, requested to adopt a Resolution of in-
tention 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 did on the
3rd day of January, 1983, adopt Resolution No. 3453 to consider the
annexation of said realty, to be known as the "Kaltan Addition No.
153"; and pursuant thereto the City Council did set a public hearing
to be held on said petition, and due and proper notice of said pub-
lic 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 7th day of
March, 1983, 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 the evidence presented on said
petition did find that all standards for annexation set out in
Section 7-2-4734, M.C.A., were met and duly considered; and
WHEREAS, the City does intend to provide all services to said
property 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, files with the Flathead County Clerk and Recorder,
a copy for the record as entered on the minutes of the City Council
of fl,, use proceedings; and
WHEREAS, upon the recommendation of the Kalispell Zoning Com-
i<:I.ssion therefore, a public hearing was duly noticed and held on
the 7th day of March, 1983, by the City Council concerning the
designation of said area as a "General Business, B--3" District under
the City of Kalispell Zoning Ordinance; after Bearing and consi-
dering the evidence presented at said public hearing, the City
Council did approve such a zoning classification as proper for all
said realty; and
WHEREAS, the proposed "Kaltan Addition No. 153" is included
within and conforms to the Kalispell Land Use Plan.
NOW AND THEREFORE, BE IT ORDAINED THAT:
SECTION I. 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
conditions:
1) That 30' of right-of-way be dedicated to the
City of Kalispell along the Easterly boundary of
the tract as a public right-of-way for street
purposes.
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2) That all new utilities including water, sanitary
sewer and storm sewer services be installed and con-
structed in accordance with the City of Kalispell
"Standards and General Provisions for Design and
Construction", and at the developers expense.
3) That any and all building plans upon the property
be submitted to the Fire Department for review as de-
sired by the Fire Chief.
4) That prior to construction upon the property,
the design of the access road and parking areas
be submitted to, reviewed and approved by the Fire
Department as desired by the Fire Chief so as to
assure proper creation of fire lanes upon the
property and reviewed by the Director of Public
Works for proper storm drainage.
5) That the owner/developer waive the right of
protest of S.I.D. with respect to the construction
and/or reconstruction of the City street for future
development along the Easterly boundary of the
property herein annexed, however, that the dedica-
tion of the.right--of-way herein provided for, does
not impute upon the City and responsibility to im-
prove 'said right-of-way prior to improvements being
placed upon the property.
6) That the-owner/developer waive the right of protest
Of S.I.D. with respect to the installation and/or
construction of sidewalks and curbs upon said property
or.upon City right-of-way adjacent to the property
herein annexed.
SECTION II. If within 20 days of.the 7th day of March, 1983,
said date being the date of the public hearing held by the
City Council on the Petition to Annex -as a result of Resolu-
tion No. 3453, there are not received by the City Clerk -
Treasurer expressions of disapproval of this annexation
made in writing by a majority oft.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 file said document with the Flathead County Clerk
and Recorder upon or after the effective date hereof.
SECTION'.III. From and after the date of said filing of said
documents 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.
SECTION IV. All of said property so annexed to the City shall
be a "General Business B-3" District under the City of Kalis-
pell Zoning Ordinance; the City Zoning Map shall be amended
to so reflect.
SECTION V. This ordinance shall be effective thirty (30)
days from and after its final passage by the Council and ap-
proved by the Mayor.
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PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY
THE MAYOR THIS^ DAY OF 1983.
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ATTEST:
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Marjorie Giermann, City Clerk -Treasurer
E,HIBIT "A"
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A tract of land in the SWaSE$ of Section 1.2, Township 28
North, Range 22 West, M.P.M., Flathead County, Montana,
and more particularly described as follows:.
Commencing at a point which is the South Quarter Corner
of said Section 12; thence
North 00047158" East -and along the West boundary of
said SW4SE4 a distance of 47.19 feet to the True
Point of Beginning; thence continuing
North 00047'58" East on and along said West boundary
of the SASE4 a distance of 995.50 feet to a point;'
thence
North 89038125" East a distance of 313.06 feet to a
•,point which lies on the West boundary of "Street",
Gibson Addition No. 41, records of Flathead County;
thence
South 00047158" West on and along said West boundary
of "Street", Gibson Addition No. 41, records of
Flathead County, a distance of 932.97 feet to a
point which lies on the Northerly right of way of .
Highway.No. 2; thence
Southwesterly on and along said Northerly right of
Way on a curve.to the right (Delta = .16°58'12"
Radius = 1086.00 feet,.radial bearing North 20°05'37"
West), a distance of 321.65 feet to the True Point
of Beginning.
EXCEPTING therefrom public.roads and rights of way.
All as shown on Certificate of Survey 5499, Records of
Flathead County, Montana.
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I, Marjorie Giermana, City Clerk of the City of Kalispell, Montana, do certify that on
the°Y of , 19�, I posted a copy of the foregoing ord' ce
in !�i office, and the same remained posted until the second reading on. the /,L�day of
19L3.1, and the foregoing'is a true and rrect copy of the ordinance
asp sed by the City Council. �j,
City C-Ir of the City of I
, Mon
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