Resolution 4826 - Annexation - Ashley Park Phases V-VII Addition #334RESOLUTION NO. 4826
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
LOCATED IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS ASHLEY PARK PHASES V-VII
ADDITION NO. 334; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE
KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from the Somers Land Co., the owner of
property located on the west side of Airport Road, south of Ruddy Duck Drive and
west of Merganser Drive in the Ashley Park Subdivision, requesting that the City of
Kalispell annex the territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on Somers Land Co.'s Annexation
Request, #KA-03-14, dated August 5, 2003, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-4, Two Family Residential, on approximately 31 A acres,
upon annexation into the City of Kalispell, 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 I. That all the real property as described on Exhibit "A" be annexed to
the City of Kalispell and the boundary of the City is altered to so
provide, and shall be known as Ashley Park Phases V-VII Addition
No. 334.
SECTION II. 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.
s O I
SECTION 111. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell Zoning Ordinance.
SECTION IV. 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 ISTH DAY OF AjjGKST, 2003.
ATTEST:
�a
Theresa White
City Clerk
M
STATE OF MONTANA I
County of Flathead SS ayf�Q�
City of KaCspel[ia�aa�anaa�3l s>?
I hereby certify that the instrum M to vvtkh tf 13
affixed is a true, c:carred and aamnared CCN Of ttaa 06ml on fps In
office of the Clef of tlta CRY Of Kaf'Wae8,
ltiitraess my hand and the Mal a-- the Cjtpt tali, Fathead,
li�tRtti'Sr to� l
b r ,t
003Z M-00'
EXHIBIT A
ASHLEY PARK PHASES 5, 6 & 7
PURPOSE OF SURVEY: ANNEXATION
DESCRIPTION:
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTH HALF OF
THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO WIT:
BEGINNING at the northwest corner of the Northwest Quarter of the
Southeast Quarter of Section 19, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana; Thence along the north boundary
of said NW1/4SE1/4 N8803911011E 692.53 feet to a found iron pin on
the west boundary of the Plat of ASHLEY PARK, PHASE 3 (records of
Flathead County, Montana); Thence along said boundary S01021129,,E
107.05 feet to a found iron pin; Thence S3801313311W 85.62 feet to
a found iron pin; Thence SOla21'29"E 487.00 feet to a found iron
pin and the southwest corner of said Phase 3; Thence along the
south boundary of said Phase 3, N88039110"E 560.00 feet to the
southeast corner of said Phase 3; Thence along the east boundary
of said Phase 3, N01021129"W 37.00 feet to a found iron pin and the
southwest corner of the Plat of ASHLEY PARK, PHASE 2 (records of
Flathead County, Montana); Thence along the south boundary of said
Phase 2, N88038131"E 286.00 feet to a found iron pin; Thence
S0102112911E 37.00 feet to a found iron pin; Thence N8803813111E
274.00 feet to a found iron pin and the northwest corner of the
Plat of ASHLEY PARK, PHASE 4 (records of Flathead County, Montana);
Thence along the west boundary of said Phase 4, S0102112911E 487.12
feet to a found iron pin; Thence S88038152"W 5.00 feet to a found
iron pin; Thence SO1o2112911E 169.65 feet to a found iron pin on
the south boundary of the North Half of said Southeast Quarter of
Section 19; Thence leaving said west boundary of Phase 4 and along
said south boundary of said N1/2SE1/4 S8900315211W 1194,31 feet to
the northeasterly R/W of Burlington Northern Railroad; Thence
along said R/W N36a44147"W 586.27 feet to a found iron pin and the
P.C. of a 5399.14 foot radius curve, concave southwesterly, having
a central angle of 02055100"; Thence along an arc length of 274.85
feet to a found iron pin; Thence N3903914711W 103.97 feet to a
found iron pin on the west boundary of said NW1/4SE1/4; Thence
leaving said R/W and along said west boundary.N00a16'00"W 528.89
feet to the point of beginning and containing 31.395 ACRES;
Subject to and together with all appurtenant easements of record.
STATE OF MONTANA
County of Flathead n
RECORDED AT THE REQUEST OF
THIS DAY OF 20 0,3 AT O'CLOCK AND
RECORDED IN THE RECORDS O FLATHEAD COUNTY, S ATE OF MONTANA.
FEE $ Ig- PD. n,
(Flathead County tlerk and Recorder)
RECEPTION NO.
RETURN TO _ t_ 0�r; L�_.Q (Deputy Clerk)