Resolution 4888 - Annexation - Lance & Posten Addition #345200,11C2 15(3 TO CO
RESOLUTION NO. 4888
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 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS LANCE ADDITION NO.345; 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 Robert Lance and Kathryn Posten,
the owners of property located on the north side of Liberty Street at its western
terminus, 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 Lance/Posten Annexation
Request, #KA-04-3, dated April 6, 2004, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City RA-1, Low Density Residential Apartment, on approximately
5,000 square feet 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 Lance Addition No. 345.
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 3RD DAY OF MAY, 2004.
Pamela B. Kennel
Mayor
ATTEST:
� f
Theresa White
City Clerk
2004162 ! a (J
EXHIBIT A
ROBERT LANCE/KATHRYN POSTEN ANNEXATION AND INITIAL ZONING OF RA-1
LEGAL DESCRIPTION
Lot 5 of Liberty Village and the Easterly 30 feet of Kinshella Avenue (Justice
Street), adjacent to Lot 5, Liberty Village Subdivision, according to the map
or plat thereof on file and of record in the office of the County Clerk and
Recorder of Flatheai,,County, Montana.
SUBJECT TO:
Agreement between Joan Byrne and Lottie Byrne, husband and wife, parties of
the first part, and,'.?. Scott and Angaline Scott, husband and wife, parties
of the second part, and Leo Kinshella and Vivian Kinshella, his wife, parties
of the third part, recorded May 5, 1944 in Book 257, Page 84, records of
Flathead County, Montana.
Easement by John By:ne and Lottie Byrne, his wife, to Vivian Kinshella,
recorded May 5, 194'. in Book 257, Page 92, records of Flathead County,
Montana.
Easement for a gas Pipeline granted to The Montana Power Company recorded
December 12, 1968 in Book 503, Page 362, as Doc, No, 8818, records of Flathead
County, Montana.
Easement for operaCzan, maintenance and repair of its lines granted to Pacific
Power and Light Com;ainy recorded June 24, 1983 in Book. 775, Page 1, as Doc. No.
11339, records of Fathead County, Montana.
Resolution No. 4096 by the City of Kalispell for zoning changes recorded
December 14, 1993, .3 Doc. No. 93-348-15050, records of Flathead County,
Montana.
The effect of restr:-ctions contained in Certificate of Subdivision Plat
Approval recorded w.',�-h the Plat of Liberty Village, recorded February 24, 1994
as Doc. No, 94-055-"_4150, records of Flathead County, Montana.
Right -of -Way for public utilities installed in any portion of the vacated
street or alley heriin described.
Grant of Conditiona, Use by and between the City of Kalispell and Dale Hall,
recorded September _3, 1994, as Doc. No. 94-262-11150, records of Flathead
County, Montana.
Easement for right .-,f way, 10 feet in width, for an electric underground
distribution line g-:anted to Pacificorp, a corporation, dba Pacific Power &
Light Company, its successors and assigns recorded October 21, 1994, as Doc.
No. 94-294-09260, records of Flathead County, Montana,
Resolution No. 4233 jy the City of Kalispell to abandon a street adjacent to
Lots 5-6, Liberty V,'.lage Subdivision, more particularly described as Kinshella
Avenue (Justice Str.!et), recorded November 13, 1995, as Doc. No. 95-317-08080,
records of Flathead County, Montana.
County road rights-:f-way not recorded and indexed as a conveyance in the
office of the Clerk ind Recorder pursuant to Title 70, Chapter 21, M.C.A.
STATE OF MONTANA
County of Flathead
RECORDED AT THE REQUEST OF ti _ r
THIS M DAY OF 20 AT O'CLOCK AND
RECORDED IN THE RECO S OF FLATHEAD COUNTY, STATE OF MONTANA.
FEE $ Q PD. h.--
�004 1 6� ( Iathead County Jerk and Recorder)
RECEPTION NO. (^� )�-�
RETURN TO 4 (J.J. 1� -`l (Deputy Clerk)