Resolution 4863 - Annexation - Gardner Investments - Terrace View Estates Addition #34120040711022-0
RESOLUTION NO. 4863
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 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS TERRACE VIEW ADDITION
NO. 341; 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 Gardner Investments, LLC and Duo
Corp Construction., the owners of property located on the north side of East
California Street between Fifth Avenue East North and Sixth Avenue East North,
requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the Tri-City Planning Office has made a report on Gardner and Duo Corp's
Annexation Request, #KA-03-20, dated February 4, 2004, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
i territory be zoned City R-3, Urban Single Family Residential, on approximately
1.697 acres, and City P-1, Public, on approximately 6.824 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 Terrace View Addition No. 341.
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 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 I ST DAY OF MARCH, 2004,
ATTEST:
Theresa White
City Clerk
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EXHIBIT "A"
TERRACE VIEW ESTATES
A tract of land located in the Southwest Quarter of the Northwest Quarter of Section 8,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly
described as follows:
Commencing at the northwest corner of said southwest quarter of the northwest quarter of
Section 8 and which point is the northwest corner of Tract I of Certificate of Survey Number
10223, records of Flathead County; thence S89°45'42"E, on and along the north boundary of
said southeast quarter of the southwest quarter and the north boundary of said Tract 1, a distance
of 145.55 feet to a found 518" re -bar and which point is the northeast corner of said Tract 1 and
which point is the true point of beginning.
Thence continuing S89°45'42"E, on and along said north boundary, a distance of 718.04 feet to a
set 5/8" re -bar; thence S09°53"08"E, and leaving said north boundary, a distance of 161.27 feet
to a set 5/8" re -bar; thence S05°48' 13"W, a distance of 233.26 feet to a set 518" re -bar; thence
SI3°49'00"E, a distance of 50.00 feet to a set 5/8" re -bar and which point lies on the north right-
of-way boundary of East California Street; thence S76°1100"W, on and along said northerly
right-of-way boundary, a distance of 300.00 feet to a set 5/8" re -bar; thence N13°49'00"W, on
and along an easterly right-of-way boundary of said East California Street, a distance of 50.00
feet to a set 5/8" re -bar; ; thence S76°11'00"W, on and along a northerly right-of-way boundary
of said East California Street, a distance of 445.36 feet to a found 5/8" re -bar and which point is
the southeast corner of said Tract 1 of Certificate of Survey Number 10223; thence
N00°09'57"E, on and along the east boundary of said Tract 1, a distance of 571.93 feet to the
true point of beginning.
This tract contains 367,254 square feet and subject to and together with a 25-foot road, drainage,
and utility easement as show hereon and the above described tract of land is to be known as
"Terrace View Estates."
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