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Resolution 6106 - Annexation - Scholer & RussellReturn to: Kalispell City Clerk PO Box 997 Kalispell, MT 59903 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIN Page: $ of o053 1 Debbie Pierson, Flathead County MT by VS 12/1/2022 2:07 PM RESOLUTION NO. 6106 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN o REAL PROPERTIES DESCRIBED AS TRACT B OF CERTIFICATE OF SURVEY NO. I 3027, A TRACT OF LAND SITUATED, LYING, AND BEING IN THE SOUTHEAST ao QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND ASSESSORS TRACT 3� 2FB, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST r' QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., Q FLATHEAD COUNTY, MONTANA, AND AS FURTHER DESCRIBED ON EXHIBIT "A", TO BE KNOWN AS SCHOLER/RUSSELL ADDITION NO. 462, TO ZONE SAID * PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell received a petition from Loucas Scholer and Sarah Russell, the owners of the above -referenced properties, requesting the City ofKalispell annex the territory into the City; and WHEREAS, the Kalispell Planning Department has made a report on the petitioners' Annexation Request, #KA-22-07, dated September 7, 2022; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the territory be zoned City R-4, Residential, upon annexation into the City of Kalispell; and WHEREAS, the City of Kalispell desires to annex said properties in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That all the real property described as Tract B of Certificate of Survey No. 3027, a tract of land situated, lying, and being in the southeast quarter of the southeast quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and Assessors Tract 2FB, being a portion of the southeast quarter of the southeast quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and as further described on Exhibit "A", be annexed to the City of Kalispell and the boundary of the City is altered to so provide. SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to 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. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell 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 3. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION 4. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF OCTOBER, 2022. Chad GrAdm- Council President ATTEST: Judi Funk Deputy City Clerk EXHIBIT "A" That portion of the Southeast Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, described as follows: Commencing at the Southeast corner of said Section 19; thence South 89°31'00" West and along the Southerly boundary of said Section 19, a distance of 30.00 feet to the Westerly right of way of Airport Road; thence North and along said Westerly right of way, a distance of 644.59 feet to the Southeast corner of Parcel E of Certificate of Survey No. 7748, records of Flathead County, Montana, and the True Point of Beginning of the tract herein described; thence continuing North and along the Easterly boundary of said Parcel E and along said Westerly right of way, a distance of 101.81 feet to the Southeast corner of Tract B of Certificate of Survey No. 3027, records of Flathead County, Montana; thence South 89°08'24" West along the Southerly boundary of said Tract B, a distance of 197.55 feet to the Southwest corner of said Tract B; thence South 00°16'53" East, a distance of 99.49 feet to a point on the Southerly boundary of said Parcel C; thence North 89°48'51" East and along the Southerly boundary of said Parcel C, a distance of 197.04 feet to the Point of Beginning.