Ordinance 1052 - Annexation & Zoning - Oftedahl Addition39a.
ORDINANCE NO. ins.)
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 "OFTEDAHL ADDITION NO. 171 TO
KALISPELL"; TO ZONE SAID REALTY AS "GENERAL BUSINESS, B-3" DISTRICT
AND AMEND THE CITY ZONING MAP ACCORDINGLY.
WHEREAS, by petition of Jerry A. Oftehahl and Charlotte E. Oftedahl the
resident freeholders by more than 51% of certain real property situated outside the
I boundary of the City of Kalispell, but contiguous thereto, the City of Kalispell
was on 6th day of November, 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 November, 1984 adopt Resolution No. 3549 to
consider. the annexation of said realty, to be known as "Oftedahl Addition No. 171
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 January, 1985, 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 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 beir.;;
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
WHEREAS, upon the recommendation of the Kalispell Zoning Commission there
-
fore, a public hearing was duly noted and held on the 7th day of January, 1985,
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 "Oftedahl Addition No. 171 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 on the following
conditions:
I. All water and sewer extension and fire protection meet
the City of Kalispell standards.
2. Storm sewer drainage, which meets the City of Kalispell
standards, be extended along Meridian Road to serve the
. site. Properly sized culverts be placed at the entrance of.
Meridian Road and be reviewed and approved by the City of
Kalispell Public Works Director.
3. A 20-foot public right-of-way adjacent and parallel to
the westerly boundary of the subject property be dedicated
to the City of Kalispell.
399.
4. The applicant waive the right to pretest the creation of
any Special improvement District which may be required to
upgrade improvements in the area to meet City standards.
SECTION 11. If within twenty days of the 7th day of January, 1985,
said date being the date of Public Hearing held by the City Council on
the petition to annex as a result of Resolution No. 3549, 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 III. 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
"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 CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED
BY THE MAYOR THIS 1/71-4 DAY OF f{��.�4F 1985.
ATTEST:
)It-&- -7.
h .,. , , k P A I V 1
Marjorie Cj ermann, City Clerk -Treasurer
r
I, Marjorie Giemmann,'City Clerk of the City Of, Kalispell, Montana, do certify that on
the day of , 19 , I posted a copy of the foregoing ordinance
in my office, and the same remained posted until the second reading on the day of
19 , and the foregoing is a true and correct copy of the ordinance
as passed by the City Council.
City Clerk of the City of Kalispell, Montana
I-
EXHIBIT A
Tract One: Commencing at the Northeast corner of the Southeast Quarter
North^ast Quarter (SE}NEJ) of Section 12, Township 28 North, Range 22 West,
r P.M.M., Flathead County, Montana; thence S 00' 40' 06" E along the East
boundary of the said Southeast Quarter Northeast Quarter (SEJNEA) a dis-
tance of 220.50 feet; thence S 89' 51' 03" W 30.00 feet to a found iron
pin which is the Southeast corner of Addition No. 139, (Records of Flathead
County), which is the Westerly R/W of a sixty (60) foot deeded County Road
known as Meridian Road which is the true point of beginning of the tract of
land herein described; thence S 00' 40' 06" E along said R/W 147.00 feet to
a set iron pin; thence leaving said R/W S 890 51' 00" W 591.09 feet to a set
iron pin on the East boundary of that tract of land described in Book 501
Page 528 (Records of Flathead County); thence N 00' 20' 13" W along said
boundary 147.00 feet to a found iron pin which is the Southwest corner of
said Addition #139; thence N 89' 51' 03" E along South boundary of said
Addition #139 a distance of 590.23 feet to the place of beginning and con-
taining 1.993 acres of land.
400.
Tract Two: Commencing at the Northeast corner .of the Southeast Quarter NE Quarter
(SEiNEJ) of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead
County; thence S 00° 40' 06" E along the East boundary of the said Southeast
Quarter Northeast Quarter (SEINE}) a distance of 220.50 feet; thence S 890
51' 03" W 30.00 feet to a found iron pin; thence S 00° 40' 06" E 147.00 feet
to a set iron pin on the Westerly R/W of a sixty (60) foot deeded County Road
known as Meridian Road which is the true point of beginning of the tract of
land herein described; thence S 00' 40' 06" E along said R/W 147.00 feet to a
set iron pin; which is the Northeast corner of Addition #46, (Records of Flat-
head County); thence S 89' 50' 58" W along th6 North boundary of said Addition
#46 and the North boundary of the tract of land described in Book 638 Page 192
(Records of Flathead County), 591.94 feet to a set iron pin on the East boundary
of that tract- of land described'in Book 501 Page 528 (Records of Flathead County);
thence N 000 20' 13"Walong said East boundary 147.00 feet to a set iron pin;
thence N 890 51' 00" E 591.09 feet to the place of beginning and containing
1.996 acres of land.