Ordinance 1036 - Annexation & Zoning - Pack Addition358.
ORDINANCE NO. 1036
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 "FIRST ADDITION TO PACK ADDITION, ADDITION
NO. 91, ADDITION NO. 156 TO KALISPELL"; TO ZONE SAID REALTY AS
"GENERAL BUSINESS, B-3" DISTRICT AND AMEND THE CITY ZONING MAP
ACCORDINGLY.
WHEREAS, by petition of Ronnie Pack and Pack's Brats, Inc.., a
Montana Corporation, the resident freeholder by more than 51% of
certain real property situated outside the boundary of the City -of
Kalispell, but contiguous thereto, the City of Kalispell was on the
17th day of May, 1983, 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" at-
tached 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 5th day of July, 1983, adopt Resolution
No. 3471 to consider the annexation of said realty, to be known as
"First Addition to Pack Addition, Addition No. 91, Addition No. 156
to Kalispell"; 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 15th day of
August, 1983, 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 pe-
tition did find that all standards for annexation set out in Sec-
tion 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 Ip'._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 Com-
mission therefore, a public hearing was duly noticed and held on
the 15th day of August, 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 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 "First Addition to Pack Addition, Addition
No. 91, Addition No, 156 to Kalispell", is included within and
conforms to the Kalispell Land Use Plan.
NOW AND THEREFORE, BE IT ORDAINED THAT:
SECTION I. The real
described in Exhibit
annexed to the City
the City is altered
considerations:
property as is more particularly
"A", attached hereto, shall be
of Kalispell and the boundary of
to so provide on the following
a. That all new utility installations be constructed
in accordance with Kalispell's "Standards and
General Provisions for Design and Construction"
(Also known as City Standards).
359.
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b. That a fire hydrant be installed in accordance with
condition no. l and placement be approved by the
Kalispell.Fire Chief.
c. That access to the highway.be approved by the State
Department of Highways.
SECTION II. If within 24 days of the 15th of August, 1983, 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. 3471, -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 -Trea-
surer is directed to then make and certify, under the seal
of the City, a copy of the record'bf these proceedings as are
entered on the minutes of the City, and file said document
with the Flathead County Clerk and Recorder.
SECTION III. From and after the date of said filing of said
documents as prepared by the City Clerk -Treasurer., or on
the effective date hereof which ever shall occur later, said
annexed territory is a part of the City of Kalispeli: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 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.
SECTION V. 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 8 TH DAY OF S+,PTEMB , 1�83-
ATTEST:
Marjor'e Giermann
Actingy City Clerk -Treasurer
I, Marjorie Giermann, 'ty Clerk of the City of Kalispell, Montana, do certify that on
the ,,�,;7_day of , 19 b3 , I posted a copy of the foregoing ordinance
in of ice, and the s remained posted until the second reading on the _day of
19J-3—, and the foregoing is a true axed =ct copy of the ordinance
as pa ed by the City Council.
1 I 1 G(h.1 a.f1 g a w
City Clerk of the City of Kalispell, Montana
360.
EXHIBIT "A"
A -.tract of land situated, lying and being in the
Southeast Quarter Southeast Quarter (SEaSEa) of
Section Twelve (12), Township Twenty-eight (28)
North, Range. Twenty-two (22) West, P.M.M., Flat-
head County, and more particularly described as
follows, to -wit:
Lot 3- Beginning at the Northeast corner of Lot 1.,
Pack Addition, Addition No. 91 to Kalispell, of
which a plat or map is on file in the Clerk and
Recorders Office of Flathead County, Montana, said
point being on the Southerly R/W of U.S. Highway
No. 2 and being on a 1850.00 foot radius curve con-
cave Southeasterly and having a radial bearing of
S 30°38'21" E; thence in a Northeasterly direction
and along said R/W through a central angle of
11035'03" an arc length of 374.04 feet to a fnd iron
pin (having a radial bearing of S 19003'18" E);
thence leaving said R/W S 00019'46" W 196.31 feet
to a fnd iron pin; thence N 88014109" W 54.97 feet
to a set iron pin which is the P.C. of a 15.49 foot
radius curve concave Northwesterly with a radial
bearing of N86148'52" W; thence in a Southwesterly
direction through a central angle of 38026'52" an
arc length of 101.66 feet to a set iron pin and the
P.T. of said curve; thence S 41°38'00" W 125.50 feet
to a set iron pin; thence N 35047'56" W 275.85 feet
to the place of beginning and conta riing 1.550 acres-,..._
subject to and together with a private road easement
as shown hereon; subject to and together with all
easements of record. That the said tract of land
be known as FIRST ADDITION TO PACK ADDITION, ADDITION
NO. 91, ADDITION NO. 156 TO KALISPELL.
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