Resolution 6320 - Annexation - Tumbleweed OfficesIIIIIIII II IIIII III II II IIIII III Iill IIII IIII (IIII IIII III IIIII III I I III I III Page: I of63 39
Return to: Debbie Pierson, Flathead County MT by TP 4/22/2026 11a36 AM
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 6320
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
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THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS TRACTS 13CC,13CCAA, AND 13CB IN SECTION 13,
` TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, TO BE KNOWN AS
TUMBLEWEED OFFICES ADDITION NO. 485, TO AMEND SECTION 27.02.010,
OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE (ORDINANCE
ONO.1677), BY ZONING SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL
i ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, Tumbleweed Offices I, LLC and its representative 406 Engineering, Inc., the
applicants for the above -referenced property, has submitted a request that the
�O property be annexed into the City and zoned B-2, General Business; and
WHEREAS, the property addresses are 1430, 1436, and 1440 U.S. Highway 2 West, Kalispell,
�[ Montana; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioners' Annexation
Request, #KA-26-01, dated March 10, 2026; and
WHEREAS, the Kalispell Planning Commission recommended the territory be zoned City B-2,
General Business, upon annexation into the City of Kalispell; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-2, General Business, the City Council finds such initial zoning to be
consistent with the Kalispell Growth Policy Plan -It 2035 and adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County
Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff
Report No. KA-26-01; and
WHEREAS, pursuant to §7-2-421 l (1)(b), 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 of the real property described as Tracts 13CC,13CCAA, and 13CB
in Section 13, Township 28 North, Range 22 West, P.M.M., 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. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance (Ordinance No. 1677) is hereby amended by designating the
property described above as B-2, General Business, on approximately 4.2
acres of land.
SECTION 3. 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 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 6TH DAY OF APRIL, 2026.
ATTEST:
r
Aimee 13runckhorst
City Clerk
Ryan Hunter
Mayor
The property is legally described as follows:
1430U.S. Highway 2 West
A TRACT OF LAND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF U.S. HIGHWAY NO. 2,
WHICH POINT IS 72 FEET SOUTH OF AND 689.5 FEET EAST OF THE NORTHWEST
CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE
NORTH 89°50' EAST, ALONG THE SOUTHERLY BOUNDARY OF SAID U.S. HIGHWAY
NO. 2, A DISTANCE OF 100 FEET; THENCE SOUTH 01 °57'45" WEST, PARALLEL WITH
THE WESTERLY BOUNDARY OF SAID NORTHEAST QUARTER OF THE NORTHWEST
QUARTER, A DISTANCE OF 722.46 FEET TO A POINT ON THE NORTHERLY BOUNDARY
OF THE GREAT NORTHERN RAILROAD RIGHT OF WAY THENCE SOUTH 76°27'25"
WEST, ALONG THE SAID NORTHERLY RIGHT OF WAY, A DISTANCE OF 103.66 FEET
THENCE NORTH 0105745" EAST, A DISTANCE OF 746.46 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF MONTANA
DEPARTMENT OF TRANSPORTATION IN BARGAIN AND SALE DEED, RECORDED
APRIL 19, 2010 AS INSTRUMENT NO.2010-000-08967.
1440 U.S. Highway 2 West
CERTIFICATE OF SURVEY NO. 1630A, A TRACT OF LAND SITUATED, LYING AND
BEING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
EXCEPTING THEREFROM THAT PORTION DEEDED TO THE MONTANA DEPARTMENT
OF TRANSPORTATION IN BARGAIN AND SALE DEED RECORDED JUNE 16, 2009 AS
INSTRUMENT NO.2009-000-17190.
ALSO SHOWN ON RETRACEMENT CERTIFICATE OF SURVEY NO. 19052.
1436 U.S. Highway 2 West
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH SIDE OF U.S. HIGHWAY NO. 2, A DISTANCE
OF 589.50 FEET EAST AND 72.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID
NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 01°57'45"
WEST, A DISTANCE OF 132.00 FEET TO A POINT; THENCE NORTH 89°50'00" EAST, A
DISTANCE OF 100.00 FEET TO A POINT; THENCE NORTH 01 °57'45" EAST, A DISTANCE
OF 132.00 FEET TO A POINT; THENCE SOUTH 89°50'00" WEST, A DISTANCE OF 100.00
FEET TO THE PLACE OF BEGINNING.
SHOWN IN DEED EXHIBIT BOOK 466, PAGE 226.
EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF MONTANA
DEPARTMENT OF TRANSPORTATION IN BARGAIN AND SALE DEED, RECORDED JULY
30, 2009 AS INSTRUMENT NO.2009-000-22261 AND RE -RECORDED AUGUST 25, 2009 AS
INSTRUMENT NO.2009-000-24541.