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Resolution 4844 - Annexation - Foppiano Addition #338A 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 FOPPIANO ADDITION NO.338; 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 Foppiano Construction, Inc., the owner of property located east of Lane Pine View Estates, on the east side of Denver immediately east of the Phoenix Street intersection, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Foppiano Construction Inc.'s Annexation Request, #KA-03-19, dated October 6, 2003, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-3, Single Family Residential, on approximately one acre 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 1. 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 Foppiano Addition No. 338. 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. SECTION III. The territory annexed by this Resolution shall be zoned in accord,, - .,;e 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 3RD DAY OF NOV NOV R, 2003, -7 lea Zenneay�' Mayor ATTEST: 12'�� :2,4r Theresa White City Clerk EXHIBIT A TRACT 2 OF CERTIFICATE OF SURVEY NUMBER 11352 A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11j, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA; THENCE S&9025'16"W AND ALONG THE SOUTH BOUNDARY OF SAID NE14NI&7114 A DISTANCE OF 334.11 FEET TO A SET IRON PIN; THENCE N00'17'40"W, 2%93 FEET TO A SET IRON PEN AND THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: THENCE S88'2536"W 167,15 FEET TO A SET IRON PIN; THENCE N00'1 7'4W'W 271.00 FEET TO A SET IRON PLN; THENCE S84039'20"E 167.92 FEET TO A SET IRON PIN; THENCE S00*1 7407- 250.77 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.001 ACRES TOGETHER WITH 60-FOOT PRIVATE ROAD AND UTILITY EASEMENT AS SHOWN HEREON; SUBJECT TO AND TOGETHER WITH ALL APPURTENANT A' EASEMENTS OF RECORD. CORPS 7�e STAFF OF MONTANA 3i I SS 'k4t CouMy of Flathcad CAy of Kali8pofl .............. V I holeby uc, � 0!'�i :nh flslurnoM to wtkh egg 0ormictito affixed is a vve' cl np6 Gompai'd -cry "A ft t4ohal M figi in ow"Im sauM the office of the Clerk of 11w Cky of KaN3e,'L Y—" day STATE OF MONTANA County of Flathead RECORDED AT THE REQUEST OF Ilt THIS DAY OF O'CLOCK AND 20_Z),-_ 'A T RECORDED IN THE RECORDS OF FLATHEAD COUNTY, STATE OF MONTANA. FEE $ r PD. �� � Y-ln t;' 0-,-- - (Flathead County blerk and Recorder) RECEPTION NO. 20033141H&O TO (Deputy Clerk)