Ordinance 1047 - Annexation & Zoning - Monk AdditionORDINANCE NO. 1047
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 "MONK
ADDITION NO.
168 TO KALISPELL";
TO
ZONE SAID PROPERTY AS "GENERAL
BUSINESS, 13-3"
DISTRICT AND AMEND
THE
CITY ZONING MAP ACCORDINGLY.
WHEREAS, by petition Robert L. Monk,
the equitable owner
of a tract of land
described in Exhibit "A", and the
resident
freeholder by more
than 51% of the
property described in Exhibit "A" situated
outside the boundary
of the City of
Kalispell,. but contiguous thereto, the
City of
Kalispell was on the
25th day of July,
1984 requested to adopt a Resolution
of Intention
to Consider the
annexation of the
realty described in Exhibit ."A" to the
City of
Kalispell; and
WHEREAS, the City Council of the City of Kalispell in response to said petition
did on the 20th day of August, 1984 adopt Resolution No. 3541 to consider the .
annexation of said realty to be known as "Monk Addition No-.---1-6'9 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 V-ie City
Clerk -Treasurer; and
WHEREAS, public hearings were duly held by the City Council pursuant to
said notice at its regular meeting on the Ist day of October, 1984, and at said
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., 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 and 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 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
WHEREAS, upon the recommendation of the Kalispell Zoning Commission there-
fore, a public hearing was duly noted and held on the Ist day of October, 1984, by
the City Council concerning the designation of said area as a "General Business,
B-3" 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 "Monk Addition No. 168 to Kalispell", is included
.within and conforms to the Kalispell Land Use Plan.
NOW AND THEREFORE, .BE IT ORDAINED THAT:
SECTION I. The .realty as is more particularly described in Exhibit
"A", attached hereto and for purposes of this Ordinance made a part
hereof, shall be annexed to the City of Kalispell and the boundary of
the City is so altered to so provide on the following conditions:
A. That an access permit be obtained from the Highway
.Department for any access off U. S. Highway 93.
B. All water and sewer extensions and fire protection meet
the City of Kalispell and State Department of Health and
Environmental Sciences standards.
C. The applicant waive the right to protest the creation of
any Special Improvement District which may be required to
upgrade improvements in the area to meet city standards.
D. The applicant provide a Consent to Annexation from the
deed holders of the property.
386.
SECTION 11. If within twenty days of the lst day of October, 1984,
said date being the date of Public Hearing held by the City Council of
the petition to annex as a result of Resolution No. 3541 , there are
not received by the City Clerk -Treasurer expressions o 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 document 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 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'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 City Council and approval by the Mayor.
PASSED BY THE CJTY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY
THE MAYOR THIS TH DAY OF NOVEMBER; 1984.
o
ATTEST:
- J•
Marjorie rmann, City Clerk -Treasurer
I, Marjorie Giexauann, City Clerk of the City of -Kalispell, Montana, do certify that on'..
the �L day of F 19_Z�Z, I posted a copy of the foregoing orclingnee
in my o fice, and the same remained posted until the second reading on the 6-day of
and the foregoing is a true and Correct ropy pf the ordinance
as passed by the City Council.
City C rk of e City of Kali pet Montana
EXHIBIT "A"
A tract of land located in the. Northeast Quarter of .the Southwest Quarter
and in the Northwest Quarter of the Southeast Quarter of Section 20. Town-
ship 28 North, Range 21 West, Principal Meridian, Montana, Flathead County,
Montana, and more particularly described as follows:
Commencing at the center Quarter Corner, indicated by a found Brass Disc
in concrete; thence N8902512311W, on and along the North Boundary of said
Southwest Quarter, a distance of 2.06 feet to a point which point lies on
the westerly right-of-way boundary of U . S . Highway 93 and which point
is the True Paint of Beginning;
Thence S32050129"E, on and along said westerly boundary of U. S.
Highway 93, a distance of 490.24 feet to a point;
Thence S57009'12" W, a distance of 259.59 feet to a point;
Thence S57009147"W, a distance of 300.41 feet to a point;
Thence N32050'29"W, a distance of 859.75 feet to a point which
point lies on said North Boundary of the Southwest Quarter;
Thence S8902512311E, on and along said North Boundary of the
Southwest Quarter, . a distance of 670.92 feet to the True Point
of Beginning.
Basis of Bearing: North Boundary of the SWi of Section 20, T28N, R21W,
P. M . M . , Flathead County,. Montana, taken as S89025'23 "E .
This tract contains 8.678 Acres.
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