Resolution 4661/Annexation.2002015 111S0
200130GL9F06o,0
RESOLUTION NO. 4661
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
APPROXIMATELY 454.4 ACRES LOCATED ON THE WEST SIDE OF HIGHWAY 93
NORTH BORDERED BY THE EAST 3,250 FEET OF FOUR MILE DRIVE ON THE
SOUTH, WEST RESERVE DRIVE ON THE NORTH AND STILLWATER ROAD ON THE
WEST, TO BE KNOWN AS THE SECTION 36 ADDITION NO. 306; AND TO
DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Jon
Dahlberg, Area Manager of the Northwest Land Office of
the Department of Natural Resources and Conservation, the
\ 0 owners of the property described as approximately 454.4
acres of the Southwest 1/4, the Northwest 1/4, that
portion of the Northeast 1/4 lying westerly of the
westerly right-of-way line of U.S. Highway No. 93 as
shown on Federal Aid Project Nos. F 5-3(32)115 and F 5-
3 (24) 115 and the easterly 3250 feet of Four Mile Drive in
its entirety (including that portion abutting Section 36
which falls in Section 1, Township 28 North, Range 22
West, P.M., M.), excepting therefrom the easterly portion
of Stillwater Road, the southerly portion of West Reserve
Drive, the Southwest 1/4 of the Southwest 1/4 of the
Northwest 1/4 and the Northwest 1/4 of the Northwest 1/4
of the Southwest 1/4, all in Section 36, Township 29
North, Range 22 West, P.M.M., Flathead County, Montana,
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
Department of Natural Resources and Conservation
Annexation and Zoning Request, #KA-01-4, dated September
4, 2001, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be zoned in
accordance with the Planned Unit Development and annexed
into the City of Kalispell, and
WHEREAS, on April 3, 1994 the City Council of the City of
Kalispell adopted, pursuant to Section 7-2-4610, Montana
Code Annotated, an Extension of Services Plan which
anticipates development of City services for
approximately five years in the future, and
WHEREAS, said proposed annexation complies with said extension of
services plan and provides for financing the extension of
municipal services or maintenance of existing services by
utilizing funds allocated and expended, pursuant to the
annual City budget without incurring additional bonded
indebtedness, and
WHEREAS, the area is included within and conforms to the Kalispell
City -County Master Plan, 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 is more
particularly described as approximately 454.4 acres of
the Southwest 1/4, the Northwest 1/4, that portion of the
Northeast 1/4 lying westerly of the westerly right-of-way
line of U.S. Highway No. 93 as shown on Federal Aid
Project Nos. F 5-3(32)115 and F 5-3(24)115 and the
easterly 3250 feet of Four Mile Drive in its entirety
(including that portion abutting Section 36 which falls
in Section 1, Township 28 North, Range 22 West, P.M.,
M.), excepting therefrom the easterly portion of
Stillwater Road, the southerly portion of West Reserve
Drive, the Southwest 1/4 of the Southwest 1/4 of the
Northwest 1/4 and the Northwest 1/4 of the Northwest 1/4
of the Southwest 1/4, of Section 36, Township 29 North,
Range 22 West, P.M.M., Flathead County, Montana, shall be
annexed to the City of Kalispell and the boundary of the
City is altered to so provide, and shall be known as
Section 36 Addition No. 306.
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.
2001306 ,, , o
SECTION III. This Resolution shall be effective 30
days from and after its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 1ST DAY OF OCTOBER, 2001.
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Attest:
'11-�-
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Theresa White
City Clerk
Wm. E. Boharski
Mayor
the c".'ice 01,4113 C:u;!1::.,; 2 •G ::' .(,; :::._.:''.
C4 'I Kd � '-A1,
Cauniv, M'u ~dO /
C{erk
EXHIBIT A
Area to be Annexed
That portion of Section 36, Township 29 North, Range 22
West, P.M., M., Flathead County, Montana described as
follows:
The Southwest 1/4, the Northwest 1/4, that portion of the
Northeast 1/4 lying westerly of the westerly right-of-way
line of U.S. Highway No. 93 as shown on Federal Aid
Project Nos. F 5-3 (32) 115 and F 5-3 (24) 115 and the
easterly 3250 feet of Four Mile Drive in its entirety
(including that portion abutting Section 36 which falls
in Section 1, Township 28 North, Range 22 West, P.M.,
M.), excepting therefrom the easterly portion of
Stillwater Road, the southerly portion of West Reserve
Drive, the Southwest 1/4 of the Southwest 1/4 of the
Northwest 1/4 and the Northwest 1/4 of the Northwest 1/4
of the Southwest 1/4, all in Section 36, Township 29
North, Range 22 West, containing 454.4 Acres of Land,
more or less.
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Recorded at the request ofA_.P_,4dJ,e A, - It dWo4
o'clock M and reco,de in a records fFlatiead County, State o4 M ana.
Pd.
F d County Cie k e
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Exhibit A
Area to be Annexed
That portion of Section 36, Township 29 North, Range 22 West, Principal
Meridian, Flathead County, Montana described as follows:
The Southwest 114, the Northwest 1/4 and that portion of the Northeast 1/4 lying
westerly of the westerly right-of-way line of U.S. Highway No. 93 as shown on
Federal Aid Project Nos. F 5-3(32)115 and F 5-3(24)115, excepting therefrom the
Southwest 114 of the Southwest 1/4 of the Northwest 1/4 and the Northwest 114 of
the Northwest 1/4 of the Southwest 1/4 all in Section 36, Township 29 North,
Range 22 West, containing 454.4 Acres of Land, more or less.
STATE OF MONTANA,
ss
County of Flathead
e 4
Recorded at the request �oLf
this j — day of \ ► 1.
20 at o'clockk and recorded in
the records of Flathead County, State of Montana.
Fee $ Pd.
RECEPTION NO. 20020151 t 1 Sri
RETIJRN TO
1 AFC ow
(Flathead County Clerk and