Resolution 5189/AnnexationReturn to: 2007163
Theresa White
Kalispell City Clerk DATE -,to -� � -D� _ Tl M E Ice?
PO Box 1997 $ �l-�PAGES
Kalispell, MT 59903
RAUl.A Rf}BxN50N FLATHEAD COUNTY ONTANA
RESOLUTION NO, 5189
A RESOLUTION TO PROVIDE FOR THE .ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSORS TRAIN lAC
AND FURTHER DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 9981 IN
SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 'WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, TO BE KNOWN AS COTTAGE GARDENS ADDITION NO, 390; 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 Apex 1, LLC, the owners of
property located on the north side of Three Mile Drive 1/2 mile west of Stillwater
Road and 1/4 mile east of the BPA power lines, requesting that the City of Kalispell
annex the territory into the City, and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-07-4, dated March 5, 2007, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-3, Single Family Residential, on approximately 10.75 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 above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and
shall be known as Cottage Gardens Addition No. 390.
2007163 ��3b
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.
SUCTION 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 2ND DAY OF APRI 7�
Pamela B. Kenned
Mayor
ATTEST:
1
Theresa White
City Clerk