Ordinance 1063 - Annexation & Zoning - Assembly of God AdditionORDINANCE NO. 1063 J '
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 "ASSEMBLY OF GOD ADDITION NO 180 TO
KALISPELL"; TO ZONE SAID REALTY AS "SINGLE FAMILY; RESIDENTIAL R4"
DISTRICT AND AMEND THE CITY ZONING MAP ACCORDINGLY.
WHEREAS, by petition of Kalispell Assembly of God Church, a Montana Cor-
poration, 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 10th day of May, 1985, requested to adopt a Resolution of Intention
to consider the annexation of said realty to the City of Kahspell, 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 3rd day of .June, 1985 adopt Resolution No. 3592 to consider ,the
annexation of said realty, to be known as "Assembly of God Addition No. 180 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 15th day of July, 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 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
WHEREAS, upon the recommendation of the Kalispell Zoning Commission therefore,
a public hearing was duly noted and held on the 15th day of April, 1985, by the
City Council concerning the designation of said area as a "Single Family Residential
R-4" 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 "Assembly of God Addition No. 180 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. That ail city utility extensions be designed and built at
the owner's expense to conform to the City of Kalispell's
"Standards and General Provisions for Design and Con-
struction" and meet the approval of the City Public Works
Director.
2. That the owner(s) initiate de -annexation from the West
Valley Fire District prior to annexation into the City.
SECTION 11. If within twenty days of the 13th day of July, 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. 3592, 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 Ili. 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 is so annexed to the City shall be
"Single Family Residential R-4" 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 5TH DAY OF AUGUST-, 1985.
ATTEST:
Don Halver, City Clerk -Treasurer „
I, Don Halver, City Cl erc cif the City of lAlispell, Montana, do certify that
on the .�� day of < 19 , I posted a co
the
foregoing ordinance in my office, nd the same remained postedfuntil the
second reading on the ��{ day of <<
19 !ET and the
PY of the ordinan
foregoing is a true and correct copy ce as passed by the City
City Clerk of the City of Kalispell, Montana
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EXHIBIT "A"
All that portion of Government Lot 1 , Section 1 , Township 28 North, Range 22
West, M.P.M., Flathead County, Montana, lying Westerly of the Westerly ;boundary
of U. S. Highway No. 93. }
EXCEPTING THEREFROM, any portion of said Government Lot 1, lying .within
the boundaries of Northridge Heights, Section 3, according to the 'map or plat
thereof on file and of record in the office of the Clerk and Recorder Qf Flathead
County, Montana,
ALSO EXCEPTING THEREFROM, any portion of said Government Lot .1 , lying
within the boundary of Summit Ridge No.. 1 , according to the map or plat thereof
on file and of record in the office of the Clerk and Recorder of Flathead County,
Montana. `
ALSO EXCEPTING THEREFROM, any portion of said Government Lot 1 , lying
between the Northerly boundary of Mission. Land and the Southerly boundary of
Summit Ridge Drive.
ALSO EXCEPTING THEREFROM Public Roads and Rights of Way.
ALSO EXCEPTING a portion of Government Lot 1, Section .1 , Township 28 North,
Range 22 West, M.P.M., Flathead County, Montana, described as follows:
Beginning at the Southeast corner of North Haven Heights; thence
North 01°13'21" East a distance of 1320.66 feet along the Westerly
line of said Government- Lot 1 to a, point 30 feet South of the. Northwest
corner of said Government Lot 1 and on the South Right -of -Way line of
.the declared County Road; thence {
South 89157140" East along said South Right -of -Way line and on a
line parallel to and 30 feet South of the North line of said Government
Lot 1 for a distance of 200.00 feet to the True Point of Beginning for
this description; thence proceeding along said South Right -of -Way line
South 89057140" East a distance of 580.03 feet to a point; thence
South 00014153" West a distance of 9.19 feet to a point; thence
South 89148'20" East a distance of 219.82 feet to a point located on
the westerly Right -of -Way line of U. S. Highway No. 93; thence
South 00014'39" West a distance of 530.00 feet along said Westerly
Right -of -Way line; thence leaving said Westerly Right -of -Way line
North 89157140" West a distance of 799.85 feet to a point; thence
North 00114'39" East a distance of 539.79. feet to the True Point,.of
Beginning
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