Resolution 4905 - Annexation - Russell Purdy - Bower Creek Estates Addition #350RESOLUTION NO. 4905
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 44A9'3,
LOCATED IN SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, VI ONTANA, TO BE KNOWN AS PURDY ADDITION NO.350; 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. Russell J. Purdy, the owner of
property located on the southwest corner of Three Mile Drive and Stillwater Road,
requesting that the City of Kalispell annex the territory into the City, and
Vi
WHEREAS, the Tri-City Planning Office has made a report on the Purdy Annexation Request,
#KA-04-11/KPUD-04-5, dated June 2, 2004, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
�J territory be zoned City R-2, Single Family Residential with a PUD overlay on
approximately 31 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 Purdy Addition No. 350.
SECTION 11. 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 salve 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 6TH DAY OF JULY, 2004,
Pamela B. Kennec
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
RUSSELL PURDY / BOWSWER CREEK ESTATES'
LEGAL DESCRIPTION
The land referred to in this policy is situated in the State of Montana, County of Flathead and is described as follows:
A tract of land situated, lying and toeing in the Northeast Quarter of the
Northeast Quarter (NE1/4NE1/4). of Section n, Township 28 North, Range 22
West, P.M.M.. Flathead County, Montana, and more particularly described as
follows to wit:
Commencing at the Northeast corner of the Northeast Quarter of the Northeast
Quarter of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana, which is a found brass cap; thence along the East
boundary of said NE1/4NE1/4
South 04'51'41" West, 59.91 feet to a*found iron pin and the True Point of
Beginning of the tract of land herein described; thence
South 04'52'27" West 1127.30 feet to a fouiad iron pin and the Northeast
corner of the Plat of Two Mile Tract, Ph. 2 (records of Flathead County,
Montana); thence along the North boundary of said Plat
South 89'30'56" West 1266.46 feet to a found iron pin on the West boundary
of said NEl/4NE1/4 and the Northwest corner of said Plat; thence leaving
said Plat and along the West boundary of said NE3./4NE1/4
North 02'50,18" East 426.98 feet to a found iron pin; thence
North 02'47'58" East 317.12 feet to the approximated thread of a creek;
thence along said thread the following Eleven (11) courses:
North 75'49'14" East 48.91 feet;
North 22*55,03" East 26.82 ',feet;
North 63'08'45" East 45.05 feet;
South 25'12'47" East 25.96 feet;
South 43'17'37" East 16.90 'feet;
'South 79'37'50" East 54.16 feet;
South 10'47'38" East 31.22 feet;
South 53*21149" East 7.99 feet;
North 41*26144" East'11.50 feet;
North 75*37,48" East 24.96 feet;
South 67'18'30" East 23.50 feet; thence leaving said tread
North 56*42,16" East 83.11 feet to a set iron pin; thence
North 02'47'58" East 375.21 feet to a set iron pin on the Southerly R/W of
Three Mile Drive; thence along said Southerly R/W
North 89'54157" East 475.22.feet to a found iron pin; thence
South 05'5011711 East 12.03 feet to a found R/W monument; thence
South 89'58'39" East 521.62 feet to the Point of Beginning.
Tract 2, Certificate of Survey No. 15888.