Ordinance 1042 - Annexation & Zoning, Heritage Health Center.3611 9
ORDINANCE NO.
AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF _
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN
REAL PROPERTY TO BE KNOWN AS "HERITAGE HEALTH CENTER ADDITION NO.
T-0 KALISPELL"; TO ZONE SAID REALTY AS "RESIDENTIAL -APARTMENT,
RA-1" DISTRICT AND AMEND THE CITY ZONING MAP ACCORDINGLY.
WHEREAS, by petition of Developers Diversified Ltd., an Ohio Limited Partner-
ship, and the Murray Franklyn Development Corporation, the resident freeholders
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 January 4, 1984,
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 d,- day of ,��r„A �, �� , 1984 adopt Resolution No. 3510 to consider
the annexation of said realty, to be known as "Heritage Health Center Addition No.
//, z 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, Public Hearings were duly held by the City Council pursuant to
said Notice at its regular meetings on the 21st day of February, 1984, and the 19th
day of March; 1984, and at such Public Hearings, the City Council, after consideration
of the report made and filed as required by Section 7-2-4731, M.C.A., and hearing
all of the evidence presented on said petition did find that all standards for annexation
set out ,UivSection 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 Sections 772-4731, M.C.A.; and
WHEREAS, the effective date of said annexation should be the date that the
City Clerk -Treasurer does, pursuant to an order of the City Council, file 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 -
W.H.E.REAS, upon the recommendation of the Kalispell Zoning Commission there-
fore, _ a' public hearing was duly noted and held on the 21st day of February, 1984,
by the City Council concerning the designation of said area as a "Residential -Apart-
ment, RA-1" District under the City of 'Kalispell Zoning Ordinance; and 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; and
WHEREAS, the proposed "Heritage Health Center Addition No. f / to
Kalispell", is included within and conforms to the Kalispell Land Use Plan.
NOW AND THEREFORE, BE IT ORDAINED THAT.:
SECTION 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
conditions:
A. That all new utility installations and roadway construction
be done in accordance with the Kalispell's "Standards and
General Provisions for Design and Construction" (City "Stan-
dards for Design and Construction).
B. That access to the property include a 50 foot temporary
radius cul-de-sac for fire apparatus.
C. That surface drainage plan be approved as per City
Standards.
D. That fire hydrants be installed in accordance with City
Standards with location approvals and fire flow tests approved
by the Fire Chief.
_q7d
E That the access and utilities easement to the property
be included in the annexation as a public right-of-way dedi-
cated on the final plat of annexation and said roadway conform
to the City "Standards and General Provisions for Design
and Construction".
F. That access to Highway 93 be approved by the State
Department of Highways-
G. That the 40 foot easement from Windward Way to the
site, be limited to "public utility" uses only.
H. That prior to filing the plat of annexation, the Developer
gain the consent of the appropriate Fire District to withdraw
and be included in the City of Kalispell Fire District.
I. That the Developer prior to filing the plat of annexation
obtain all releases necessary under Section 76-3-612, M.C.A.
SECTION 111. If within twenty days of the 21st day of February, 1984,
said date being the date of Public Hearing held by the City Council on
the petition to annex as a result of Resolution No. 3510, '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
Council and file said documents with the Flathead County Clerk and
Recorder.
SECTION 111. From and after the date of filing of said documents as
prepared by the City Clerk -Treasurer, or on the effective date hereof
whichever shall occur later, said annexed territory is 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 priveleges and benefits
as are other parts of the City.
SECTION IV. All of said realty is so annexed to the City shall be a
"Residential -Apartment, RA-1" District under the City of Kalispell's Zoning
Ordinance; the City Zoning Map shall be amended to so reflect.
SECTION V. This Ordinance shall be effective thirty days from and
a ter its final passage by the City Council and approval by the Mayor.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY
THE MAYOR THIS le DAY OF r,' ,' 1984.
`f�McDd ell. �Ma
ATTEST:
Marjor. a Giermann, City Clerk -Treasurer
I, Mar orie Gien—nan-n. City Clerk of City of Kalispell, Montana, do certify that on
the day of , 19�, I posted a copy of the foregoing ordinance
in =11
fice, and t same remained posted until the second reading on the ��day of
, lg A( , and the foregoing is a true and co ct copy of the ordinance
as pa ed by the City Council.
i
City Cle of the City of Kalispell, Montana
3'7/
EXHIBIT "A"
A tract of land in the Southwest one -quarter (4) of Section six
(6), Township twenty-eight (28) North, Range twenty-one (21) West,
P.M.,M., Flathead County, Montana.
Beginning at the West one -quarter (4) of Section six (6), Township
twenty --eight (28) North, Range twenty-one (21) West, P.M.,M., Flathead
County, Montana; .thence South 45038'08" East a distance of 693.49 feet
to the True Point of Beginning; thence North 4040121" East a distance
of 330.00 feet, thence South 85019139" East a distance of 330.00 feet,
thence South 404012111 West a distance of 330.00 feet, thence North 85119,39"
West a distance of 330.00 feet to the True Point of Beginning. Said
tract contains 2.50 acres more or less.
And;
CbqpUnencing at the West one -.quarter (4) of Section Six (6), Town-
ship twenty-eight (28) North, Range twenty-one (21) West, P.M.,M.,
Flathead County, Montana; thence North 46000140" East a distance of
33.38 feet to the East right-of-way of U.S. Highway No. 93 and the
True Point of Beginning; thence South 86044120" East a distance of
142.91 feet; thence along a 504.63 foot radius curve to the right with a -
central angle of 18008149" and arc distance of 159.83 feet; thence South
68135'31" East a distance of 160.45 feet; thence along a 372.91 foot radius
curve to the left with a central angle of W144108" an arc distance of
108.92 feet; thence South 85019139" East a distance of 270.00 feet; thence
South 4040121" West a distance of 70.00 feet; thence North 85019139" West
a distance of 330.00 feet; thence along a 442.91 foot radius curve to the
right with a central angle of 8056'59" an arc dst.ance of 69.18 feet;
thence North 68035131" West a distance of 160.45 feet; thence along a
434.63 foot radius curve to the left with a central angle of 18008149" an
arc distance of 137.66 feet; thence North 8604412011- West a distance of
il9:i)8 feet to the point of intersection with the .East right-of-way of
U.S. Highway No. 93; thence North 15032120" West, along said East
right-of-way, a distance of 73.94 feet to the True Point of Beginning.
Said tract contains 1.33 acre, more or less.
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