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Res. 6224 - Annexation - Flathead Broadcasting (portion)Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 6224 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 A TRACT OF LAND LOCATED IN SECTION 28, TOWNSHIP 28, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY NO. 2829, EXCEPTING THEREFROM, THAT PORTION GRANTED TO THE STATE OF MONTANA IN JUDGMENT AND FINAL ORDER OF CONDEMNATION, RECORDED APRIL 24, 2006, AS DOC. NO. 2006-114-08400, RECORDS OF FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS GARDNER ADDITION NO. 474, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, Flathead Broadcasting, LLC, the owner of the above -referenced property, has submitted a request that the property be annexed into the City; and WHEREAS, the Kalispell Planning Department has made a report on the petitioners' Annexation Request, #KA-24-06, dated August 13, 2024; and WHEREAS, the Kalispell City Planning Commission recommended the territory be zoned City B- 5, Industrial -Commercial, with a Planned Unit Development overlay 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 a Tract of Land located in Section 28, Township 28, Range 21 West, P.M.M., Flathead County, Montana and More Particularly Described as Tract 1 of Certificate of Survey No. 2829, EXCEPTING THEREFROM, THAT PORTION GRANTED TO THE State of Montana in Judgment and Final Order of Condemnation, recorded April 24, 2006, as Doc. No. 2006-114-08400, records of Flathead County, Montana, 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 SEPTEMBER, 2024. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk