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Resolution 6134 - Annexation - Mountain VillaReturn to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 IIII HillIII11111111111111111 ill 1111111111111111111111111111111111 IN Page°1 o08371 Debbie Pierson, Flathead County MT by JD 6/7/20Fees::1a724 PMO RESOLUTION NO. 6134 NA A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY DESCRIBED AS ASSESSORS TRACT 1HC IN THE EAST HALF OF ^'t THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 �g WEST, FLATHEAD COUNTY, MONTANA AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", TO BE KNOWN AS MOUNTAIN VILLA ADDITION NO. 465, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, Summit Holdings, LP, owner of the above -referenced property, submitted a request that the property be annexed into the City; and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA-23-04, dated May 9, 2023; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the territory be zoned City RA-1, Residential Apartment, upon annexation into the City of Kalispell; and WHEREAS, pursuant to §7-2-4211(2), MCA, the City shall include the full width of any public streets or roads, including the rights -of -way, that are adjacent to the property being annexed;and WHEREAS, the City of Kalispell desires to annex said property 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 Assessors Tract 1 HC in the East Half of the Southeast Quarter of Section 25, Township 29 North, Range 22 West, Flathead County, Montana, and as more particularly 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 5TH DAY OF JUNE, 2023. Mark Johns Mayor ATTEST: Aime +Brunckhorst, CMC City Clerk �: c°SEp.1- v�• �892��' r` Exhibit A *************************************** THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 25; THENCE ALONG THE SOUTH LINE OF SECTION 25, SOUTH 89° 57'00" WEST, A DISTANCE OF 91.09 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 93; THENCE ALONG THE WEST LINE OF THE HIGHWAY NORTH 000 10'44" EAST, A DISTANCE OF 1358.99 FEET; THENCE NORTH 640 13'31" WEST, A DISTANCE OF 283.36 FEET TO THE POINT OF BEGINNING; THENCE RETRACING SOUTH 640 13'31" EAST, A DISTANCE OF 273.36 FEET; THENCE SOUTH 070 04'31" EAST, A DISTANCE OF 71.42 FEET TO THE WEST LINE OF U.S. HIGHWAY 93; THENCE ALONG THE WEST LINE OF THE HIGHWAY SOUTH 000 10'44" WEST, A DISTANCE OF 1232.46 FEET TO THE NORTH RIGHT OF WAY LINE OF WEST RESERVE DRIVE (A COUNTY ROAD); THENCE ALONG THE NORTH LINE OF THE COUNTY ROAD SOUTH 890 57'00" WEST, A DISTANCE OF 420.00 FEET; AND SOUTH 000 10'44" WEST, A DISTANCE OF 30.00 FEET; AND SOUTH 89057'00" WEST, A DISTANCE OF 80.00 FEET; THENCE NORTH 000 10'44" EAST, A DISTANCE OF 1200.00 FEET; THENCE SOUTH 89057'00" WEST, A DISTANCE OF 260.00 FEET; THENCE NORTH 000 10'44" EAST, A DISTANCE OF 761.31 FEET; THENCE NORTH 480 10'58" EAST, A DISTANCE OF 123.61 FEET, MORE OR LESS, TO THE LOW WATER MARK OF THE STILLWATER RIVER; THENCE SOUTHEASTERLY, ALONG THE LOW WATER MARK, A DISTANCE OF 592.00 FEET, MORE OR LESS, TO A POINT WHICH BEARS NORTH 000 16'14" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 000 16'14" WEST, A DISTANCE OF 238.94 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION DEEDED TO THE STATE OF MONTANA FOR HIGHWAY PURPOSES, RECORDED SEPTEMBER 26, 1932, IN BOOK 211, PAGE 176, RECORDS OF FLATHEAD COUNTY, MONTANA. ALSO EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF MONTANA BY BARGAIN AND SALE DEED RECORDED MARCH 10, 1992, AS DOC. NO. 92-070-08520. ALSO EXCEPTING THEREFROM THAT PORTION DEEDED TO THE MONTANA DEPARTMENT OF TRANSPORTATION BY BARGAIN AND SALE DEED RECORDED OCTOBER 26, 2010, AS DOC. NO. 201000024648. For informational purposes only, the property address is 900 W. Reserve Dr., Kalispell, MT 59901, and has ASSR #0000028926.