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Ordinance 1044 - Annexation & Zoning - Northwest Horizons3 gD ORDINANCE NO. 1044 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 "NORTHWEST HORIZONS ADDITION NO. 160 TO KALISPELL"; TO ZONE SAID REALTY AS "RESIDENTIAL -APARTMENT, RA-2" DISTRICT AND AMEND THE CITY ZONING MAP ACCORDINGLY. WHEREAS, by petition of Flathead Health Center, Inc., a Montana non-profit corporation, by and through its President/ Administrator, Eugene G. Johnson the resident freeholders by more than 510 of certain real property situated outside the boundary of the City of Kalispell, but contiguous thereto, the City of Kalispell was on 29th day of February, 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 19th day of March, 1984 adopt Resolution No. 3516 to consider the annexation of said realty, to be known as "Northwest Horizons Addition No. 160 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 Hearing was duly held by the City Council pursuant to said Notice at its regular meeting on the 7th day of May, 1984, 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 ail of the evidence presented on said petition did find that all standards for annexation set out in Section 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 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 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 m WHEREAS, upon the recommendation of the Kalispell Zoning Commission there- fore, a public hearing was duly noted and held on the 7th day of May, 1984, by the City Council concerning the designation of said area as a "Residential -Apartment, RA-2" 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 "Northwest Horizons Addition No. 160 to Kalispell", 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 or, the following conditions: 1. That the remainder of Assessors Tracts 6131 and 6E (described as Tract 2 - Certificate of Survey No. 7497) be annexed in addition to the requested property. 2. That new easements be provided as follows: a. A Forty-five (45) foot water and sewer line easement be provided along the easterly boundary of the present Tract 6E, (affects both Tracts 2 and 3 of Certificate of Survey No. 7497) and, b. A 60 foot water, sewer, and utility easement be provided along the south boundary of Tracts 6D1 and 6E, (affects a portion of Tract 3 of Certificate of Survey No. 7497), and the easterly 75.98 feet of said easement be reserved 219I for an emergency vehicle turn -around. 3. Prior to construction or installation of utilities, the Fire Chief approves water supply, hydrant replacement and access, and other fire protection items. 4. 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 Distict. S. That the Developer prior to filing the plat of annexation obtain all releases necessary under Section 76-3-612, M.C.A. SECTION 11. If within twenty days of the 7th . day of May, 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. 3516, 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 Ill. 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 "Residential -Apartment, RA-2" 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 after its final passage by the fifty Council and approval by the Mayor. - PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS ! DAY OF 1984. 0% / Rwgwm ATTEST: Marjorie iermann,City" Clerk -Treasurer I, - I, Marjorie Gier ann, City Clerk of the City of Kalispell, Montana, do certify that on the ?3`day of 19 , I posted a copy of the foregoing ordinance in ly office, and the samd remained posted until the second reading on the J�day of lg and the foregoing is a true and co ect copy of the ordinance as assed by the City Council. `)1,4 " ,�- City Clerk/of the City of Kalispell, Montana 1 1 1 EXHIBIT "A" A tract of land located in U. S. Government Lot 14 of Section 6, Township 28 North, Range 21 West, Principal .Meridian, Montana,. Flathead County, Montana and more particularly described as follows: Commencing at the Northwest corner of said U. S. Government Lot 14, indicated by a found iron pipe; then N 89025107"E , on and along the south boundary of a 60-foot road known as Sunny View Lane, a distance of 679.57 feet to a point; then S0303415911W, a distance of 305.82 feet to the True Point of Beginning_ Thence S45021148"E, a distance of 105.30 feet to a point; Thence N89138112"E, a distance of 260.00 feet to a point which lies on the west boundary of Buffalo Hills Townhouses Addition No. 64; Thence S0300513311W, on and along said west boundary of Buffalo Hills Townhouse Addition No.: 64, a distance of 49.20 feet to a point which point is the southwest corner of said Buffalo Kills'townhouses Addition No. 64; Thence N87108'30"W, a distance of 2.98 feet to a point; Thence S0310813914W, a distance of 400.16 feet to a point; Thence S86153127"E, a distance of 75.98 feet to a- point which point lies on the west boundary of a 60-foot road known as Buffalo Hills Drive; Thence S03037119"W, on and along said west boundary of Buffalo Hills Road, a distance of 60.00 feet to a point; Thence N86054124"W, a distance of 134.95 feet to a point which point is the northeast corner of Lot 2 of Highland Park First Addition to Kalispell; Thence S89041'28"W, on and along the north boundary of said Lot 2 of Highland Park First Addition to Kalispell, a distance of 340.60 feet to a point; Thence N03024'26"E, a distance of 59.58 feet to a point; Thence N89128141"E, a distance of 59.86 feet to a point; Thence N03034159"E, . a distance of 520.42 feet to the true point of beginning. Basis of bearings: North boundary of Lot 2 of Highland Park First Addition, in Section 6,' T28N, R21W, P.M.M., Flathead County, Montana, taken as S89041'28"W. This tract contains 4.182 acres.