Ordinance 1069 - Zoning - Culligan Add. 189ORDINANCE NO. ; v,69
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 "CULLIGAN ADDITION NO. 189 TO KALISPELL";
TO ZONE SAID REALTY AS "GENERAL BUSINESS B-3" DISTRICT AND AMEND
THE CITY ZONING MAP ACCORDINGLY.
WHEREAS,
by petition of Donald R. Dammel,
Susan M.
Dammei,
Vern C. Henley
and Etta M.
property situated
Henley, the resident freeholders
outside the boundary of the
by more
City of
than 51%
Kalispell,
of certain real
but contiguous
thereto, the City
of Kalispell was on 25th day
of July, 1985, 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 21st day of October, 1985 adopt Resolution No. 3624 to consider the
annexation of said realty, to be known as "Culligan Addition No. 189 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 2nd
day
of December, 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 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 therefore,
a public hearing was duly noted and held on the 2nd day of December, 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 "Culligan Addition No. 189 to Kalispell", is included
within and conforms to the Kalispell Land Use Plan.
NOW AND THEREFORE, BE 1T 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 all city utility extensions and/or tie-ins be designed
and built at the owner's expense to conform to the City of
Kalispell's "Standards and General Provisions for Design and
Construction" and meet the approval of the City's Director
of Public Works.
2. That the owner(s) waive the right to protest formation
of any Special Improvement District that may be necessary
for installation of public improvements.
3. That all conditions of annexation be satisfied within
three months following passage of a Resolution or Ordinance
of Annexation. Failure to comply with the conditions of
annexation will provide cause to discontinue sewer and water
service to the property.
SECTION ll. If within twenty days of the 2nd day of December, 1985,
said date being the date of Public Hearing held by the City Council on
the petition to annex as a result of Resolution Ito. 3624, 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 privileges and benefits
as are other parts of the City.
SECTION IV. All of said realty 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 16th DAY OF December . 1985.
McDowell-, Mayor
ATTEST:
Don Halver, City Clerk Treasurer
Is. Don Halver,
on the
City Clerk
day of
of the City
of Kalispell, Montana, do certify
foregoing ordinance in
second reading on the
,
my office,
19_, I posted a copy of the
and the same remained posted until
foregoing is a
Council.
day of
true and correct copy
of the ordinancelas passeddbythe the
L
that
the
City
s
City Clerk of the City of Kalispell, Montana
1
it
EXHIBIT "A„
TRACT 1:
A tract of land situate, lying and being the SEaNW4 of Section
20, Township 28 North, Range 21 West, M.P.M., Flathead County,
Montana and more particularly described as follows, to -wit:
Commencing at the intersection the easterly boundary line of the
SE;NA of said Section 20 and the northerly boundary line of
U. S. Highway No. 93; thence North 0*02' West, and along the
easterly boundary...line of said SE-4?tiTW; a distance of 672.9 feet
to a point; thence North 89°58' West, a distance of 243.1 feet
to a point in the center of a Slough and the true point of
beginning of the tract of Land being described; thence
North 890 58' West a distance of 194.0 feet to a point on the
easterly boundary line of U. S. Highway No. 93; thence North
71*14' West a distance of 189.7 feet to a point in the center
of said Slough; thence South 13°09' East and along the center
of said Slough a distance of 62.8 feet to the point of beginning.
TRACT 2:
A tract of land situate, lying and being in the SE4NW4 of Section
20, Township 28 North, Range 21 Ilest, P.M.M., Flathead County,
Montana and more particularly described as follows, to -wit:
Commencing at the intersection of the Easterly boundary line of
the SE4NW4 of said Section 20 and the Northerly boundary line of
U. S. Highway No. 93, said point being a distance of 214.0 .feet
North 0102' West of the Southeast corner of the SEcNW4; thence
North 0*02' West and along the Easterly boundary line of the
SE4NW4 a distance of 562.9 feet to a point; thence North 89058'
West and at right angles to the last described point a distance
of 215.0 feet to the point of beginning of the tract of land
being described; thence NQr.th 89*58' West a distance of 145.6
feet to a point on the Easterly right of way limits of U. S.
Highway No. 93; thence in a,Northwesterly direction and along
a 2,865.0 feet radius curve tothe right and along said highway
right of way a distance of 130.7 feet to a point; thence South
89058' East and parallel to the South line of the property
being described a distance of 194.0 feet to a point a distance
of 243.1 feet from the Easterly boundary line of the SEgNW4
of said Section 20 when measured at right angles; thence South
13*09' East a distance of 113.0 feet to the point of beginning.
EXCEPTING THEREFROM THE FOLLOWING:
A tract of land situate, lying and being in the SE 14 of Section
20, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana and more particularly described as follows, to -wit:
Commencing at the intersection of the easterly boundary line of
the SE4NW4 of said Section 20 and the northerly boundary line of
U. S. Highway No. 93; thence North 0102' West, and along the
easterly boundary line of said SE4M 4 a distance of 562.9 feet
to a point; thence North 89058' West a distance of 215.0 feet
to a point in the center of a Slough and the true point of
beginning of,the tract of land being described; thence North
89058' West a distance of 145.6 feet to a point on the easterly boundary
line of U. S. Highway No. 93; thence North 64029' East a distance of 148.0
feet to a point in the center of said Slough; thence South 13009' East and
along the centerline of said Slough a distance of 64.3 feet to the point
of beginning.