Ordinance 1057 - Annexation & Zoning - Colonial VillaORDINANCE, NO. �57
PROVIDE FOR THE ALTERATIONAO ANNEXA BOUNDARIES
% GEES O
AN ORDINANCE TO 173 TO
THEREIN, A
TO BE KNOWN A5 "COLONIAL VILLA ADDAT ON ' O T RA-2"
THE CITY OF KALISPELL BY INCLUDING
REAL PROPERTY SAID REALTY AS "RESIDENTIAL
KALISPELL"; TO ZONE
DISTRICT AND AMEND THE CITY ZONING MAP ACCORDINGLY.
Partner of LSR Partnership, the
WHEREAS, by petition of Tom Lydon, Managing situated outside the
more but contiguous thereto, the City of Kalispell was
resident freeholders by Kalispell, n 510 of certain real property
esolution of Intention to
boundary of the City ofrequested to adopt a R
on 28th day of January, 1985, q p said realty being
Exhibit "All attached hereto and by this reference,
consider the annexation of said realty to the City of Kalispell, ,
more particularly described in
made a part thereof; and
ion
e Cit Council of the City of Kal pel No. 3565e too consider said ltthe
WHEREAS, the y 1985 adopt Resolution173 to
did on the 4th day of March,
known as "Colonial Villa Addition No to be
annexation of said realty, the City Council did set a Public Hearing
given
Kalispell"; and pursuant thereto,
held on said petition,
and due and proper notice of said Public Hearing
by the City Clerk -Treasurer; and Council pursuant to said
Public Hearing was duly held by the City
WHEREAS, and at such Public
1985 , filed as
Notice at its regular meetingterconsideration ofthereport
evadende and
presented
Hearing, the City Council,
required by
Section 7-2-4731, M. C . A . , and hearing all o the
tition did find that all standardsulfo for
nandt out in Section
on said Pe as amended were met and d Y
7-2-4734, M.C.A.,
services a
id lty ein
WHEREAS,
the City does intend to providefiledwiththe CityClerkaTreasuregr
made
and
annexed as set tions 7 2 473-port1in the re , M C A to and
as required by Sec
file with the
S the effective date of said annexation
theCityCounc l be the date that the
WHEREAS, ursuant to an order
City Clerk -Treasurer does, p for the record as entered on the
Flathead County Clerk and Recordex, a copy
minutes of the City Council of these proceedings; and Commission therefore,
WHEREAS, upon the recommendation of the Kalispell Zonin g April, 1985, by the
"Residential Apartment
a public hearing was dulyhe° designation) of said earea ha s a ay o d after hearing and
City Council concerning t of the City Council
did
R A-2" District under the present d Kalispell atsaid Zoning
Hearing,
an
considering the evidence P proper for all said realty; and
approve such a zoning classification as pAddition No. 173 to Kalispell" , is included
WHEREAS, the proposed Colonial Villa
within and conforms to the Kalispell Land Use Plan.
NOW AND THEREFORE, BE IT ORDAINED THAT: articularly described in
SECTION I. The real property as is more p
he City of Kalispell
Exh
ibit "a-', attached hereto, shall be ante xs d Provide an the following
the boundary of the City is altered
conditions.;
1, That annexation of Tract 1, which is to be created by
Certificate of Survey (attached), be contingent
the -proposed d subdivision, Colonial Villa.
on approval of the propose
ements
2 , That all city utility eb lon and roadway the Director of Public vWorks5
to the property, as requiredY
be built to City of Kalispell standards.
3 • That the applicant waive the right to protest the creationto
Public
of a Special Imp co im rov District
tin tithe area beich may necessary
nCitysar
bring the pub which include curbs, gutters, streets,
Works Standards,
sewer, water, fire protection, and street lighting
SECTION II. If within twenty days of the 15th day of April, 1985, said
date being the date of Public Hearin
petition to annex as a result Hearing g held by the City Council on the
y the City Clerk -Treasurer expressions. of disapproval there are not
annexation made in writing by a majority
said area or Pproval of this
the owners of more than 75y of the resident freeholders of
estate in the territory $ in assessed values of the real
to then Y to y, annexed, the City Clerk -Treasurer is directed
make and certify, under the seal
record of these proceedings n of .the
Council City a copy of the
and file said documents are
entered
Flathead mCount of
Recorder, the City
y Clerk and
SECTION III. From and after the date of filin
prepared by the City Clerk -Treasurer g of said documents as
whichever shall occur later, °r on the effective . date hereof
of lfalispell and said territorysaid annexed territory is part of the City
subject to all debts, laws and ordinances and regulations in force in the
citizens and ro ert
City of Kalispell and shall be entitled to the same privi e es anyd benefits
shall be
as are other parts of the City,
g
SECTION IV, All of said realty
"l be
Residential Apartment Raid is so annexed to the City
Ordinance; the CityDistrict under the City of Kalispe 1's Zoning
Zoning Map shall be amended to so reflect.
SECTION V. This Ordinance shall be effective thirty after its final passage by the City Council and approval days from and
PASSED BY THE pproval by the Mayor.
CITY OUNCIL OF THE CITY, OF KALISPELL AND APPROVED B
THE MAYOR THIS
DAY OF /kpa 1985. Y
#1 f _ L �i
'I i .
,.
ATTEST:
;On Halver, City Clerk -Treasurer
I
i I
1
r
EXHIBIT "A"
A portion of Tract 30-7, in the SE-4NWJ, NEaSW� of Section
8, Township 28 North, Range 21 West, P.M.M., Flathead
County; between Washington Street and U.S. Highway #2,
east of 'the Kalispell Motel. Subject property is further
described as follows:
Commencing at a found iron pin which is on the southerly
right-of-way of East Washington Street and 16 feet easterly
of the northeast corner of Lot 1, Block 10 of Duncan's
Addition to Kalispell; thence N7601110011E and along the
southerly right-of-way of said . Washington Street a distance
of 303.02 feet to a set iron pin and the true point of beginning
of the tract of land=-her_ein described; -thence.--continuing
N76011100"E and along said southerly right-of-way a distance
of 209.66 feet to a set iron pin on the top of the hill,
thence along the top of the hill the following 4 courses:
S05039106"E 22.49 feet; S24038'34"E 90.97 feet; S35032'07"E
86.94 feet; S62022'05"E 109.32 feet to a set iron pin on the
northerly right-of-way of U.S. Highway #2 ; thence leaving
the top of the hill and along the northerly right-of-way of
U. S. Highway #2 the following 3 courses: S77041'00"W
217.33 feet; S56047'00"W 72.11 feet; S761111'00"W 51.86 feet;
thence leaving said northerly right-of-way N13049'00"W 283.00
feet to the point of beginning and containing 1.501 acres,
together with all easements of record.
11 Montana do certify tha'
T, Don Haler City Cler of�the Cr,Y19 ; or al1lpePosted a copy of the
on the Iff�_day of
foregoing ordinance in my office, and the same remained posted until th
G day of 19�, and the
second reading on the �- Y of th ordinance as passed by the Cit
foregoing is a true and correct copy
Council.
City Clerk o the City of Kalispell, Montan