Resolution 6174 - Annexation - Dusty Acres11111111 IN Page:1 of 3 14
Debbie Pierson, Flathead County MT by CL 12/15/2023 10 20 AM
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Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 6174
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY GENERALLY DESCRIBED AS BEING LOCATED ON THE WEST
SIDE OF HIGHWAY 93 NORTH TO THE SOUTH OF HAGERMAN LANE AND
ADJACENT TO THE CITY LIMITS ON THE SOUTH AND WEST SIDES OF THE
PROPERTY, INCLUDING, BUT NOT LIMITED TO, PROPERTY ADDRESSED AS 170,
180, 190, AND 200 HAGERMAN LANE AND ALSO INCLUDING PROPERTY ON THE
EAST SIDE OF HIGHWAY 93 NORTH GENERALLY BETWEEN HAGERMAN LANE TO
APPROXIMATELY 200 FEET NORTH OF PONDEROSA LANE, INCLUDING, BUT NOT
LIMITED TO, PROPERTY ADDRESSED AS 3327 HIGHWAY 93 NORTH, AND AS
FURTHER DESCRIBED ON EXHIBIT "A", TO BE KNOWN AS DUSTY ACRES
ADDITION NO. 468, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE
KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, Dusty Acres, LLC, 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-23-07, dated November 14, 2023; 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, 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 being on the west side of Highway 93
North to the south of Hagerman Lane and adjacent to the city limits on the
south and west sides of the property, including, but not limited to, property
addressed as 170, 180, 190, and 200 Hagerman Lane and also including
property on the east side of Highway 93 North generally between Hagerman
Lane to approximately 200 feet north of Ponderosa Lane, including, but not
limited to, property addressed as 3327 Highway 93 North, 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 TIE MAYOR OF
T11E CITY OF KALISPELL, THIS 4TH DAY OF DECEMBER, 2023.
Council
ATTEST:
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Aimnrunckhorst, CMC
City Clerk = U? A18
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EXHIBIT A
Tracts 1, 2, & 3 of COS 17893 in the SE1/4SE1/4 of S13, T29N, R22W, and
Parcel A of COS 8268 in the SE1/4SE1/4 of 513, T29N, R22W, and
Parcel B of COS 8268 in the SE1/4SE1/4 of 513, T29N, R22W
Excepting therefrom all that portion as described in that certain Bargain and Sale Deed dated
July 11, 1991, recorded August 12, 1991 as Document No. 9122410030, records of Flathead
County, Montanan, executed to State of Montana for the benefit and use of its Departments of
Highways.
Also Excepting Therefrom that portion described in that certain Bargain and Sale Deed recorded
September 7, 2006 as document 200625012020, and
Tract 1 of revised Certificate of Survey No. 1633, located in Gov't Lot 4 of Section 18,
Township 29 North, Range 21 West, P.M.M. Flathead County MT
Excepting therefrom that portion conveyed in the Montana Department of Transportation in
Bargain and Sale Deed Recorded January 24, 2002 as Document No 200202410030, and.
Parcel 1 of COS 9143, situate, lying and being in Gov't Lot 4 of Section 18, Township 29 North,
Range 21 West, P.M.M., Flathead County, MT
Excepting therefrom that portion conveyed to the State of Montana for Highway purposes by
Bargain and Sale Deed, Recorded September 9, 1991, as instrument No. 9125209280, Records of
Flathead County Montana, and
Tract 1 and 2 of Certificate of Survey No. 9067 situate, lying and being in Gov't Lot 1 of Section
19, Township 29 North, Range 21 West, P.M.M., Flathead County, MT
Excepting Therefrom, that portion conveyed to the State of Montana for highway purposes by
Bargain and State Deed, recorded March 11, 1991 as instrument No. 91-070-11340, records of
Flathead County, Montana, and
Tract 1 and 2 of Certificate of Survey No. 9073 situate, lying and being in Gov't Lot 1 of Section
19, Township 29 North, Range 21 West, P.M.M., Flathead County, MT
Excepting Therefrom, that portion conveyed to the State of Montana for highway purposes by
Bargain and State Deed, recorded March 11, 1991 as instrument No. 91-070-11340, records of
Flathead County, Montana.