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Resolution 4870 - Annexation - Ron and Sharon DeMeester Addition #342r RESOLUTION NO. 4870 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 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS DEMEESTER ADDITION NO. 342; 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 Ron and Sharon DeMeester, the owners of property located on the west side of 7th Avenue West, north of Sunnyside Drive and south of 1 Ith Street West, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on the DeMeester's Annexation Request, #KA-04-1, dated March 1, 2004, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-4, Two Family Residential, on approximately 0.77 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 DeMeester Addition No. 342. SECTION IL 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. 2004103'i�{ 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 5TH DAY OF APRIL, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk 2004103 EXHIBIT A RON & SHARON DEMEESTER ANNEXATION AND INITIAL ZONING OF R-4 LEGAL DESCRIPTION TRACT 1 A tract of land in the South Half (51/2), Section 18, Township 28 North, Range 21 West, P.M., M. Flathead County, Montana, and being in Lot 1, SUNNYSIDE PARK subdivision, records of Flathead County, described as follows: Commencing at the Southeast corner of said Lot 1 of SUNNYSIDE PARK, which is a found iron pin on the westerly Right -of -Way of a 40 foot city street known as Seventh Avenue West; thence, along said R/W, N. 00' 16' 20" E. 70.00 feet to a set iron pin and the POINT OF BEGINNING of the tract herein described; thence, continuing along said R/W, N 00* 16' 20" E. 70.00 feet to a found iron pin; thence, S. 88' 08' 49" W. 239.87 feet to a set iron pin; thence, S. 00" 15' 46" W. 70.00 feet to a set iron pin; thence, N. 88° 08' 49" E. 239.86 feet to the POINT OF BEGINNING and containing 0.385 acres, more or less. TRACT 2 A tract of land in the South Half (51/2), Section 18, Township 28 North, Range 21 West, P.M., M., Flathead County, Montana, and being in Lot i of SUNNYSIDE PARK subdivision, records of Flathead County, described as follows: BEGD44ING at the Southeast corner of said Lot 1 of SUNNYSIDE PARK, which is a fowl iron pin on the westerly Right -of -Way of a 40 foot city street known as Seveenth Avenue West: thence, along said R/W, N. 00` 16' 20" E. 70.00 feet to a set, iron pin; thence, S. ST 08' 49" W. 239.86 feet to a set iron pin; thence S. 0ti .:5' 46" W. 70.00-feet to a found iron pin: thence, N. 88' 08' 49" E. 239.85 feet- to the POINT OF BEGINNING and containing 0.385 acres, more or less. 7 C 17 -v "5-9-103