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Resolution 4904 - Annexation - Tim Knoll - Addition #349RESOLUTION NO. 4904 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 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS KNOLL ADDITION NO.349; TO t 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 Tim Knoll, the owner of property located on the east side of Denver Avenue, north of Bluestone Drive, 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 Knoll Annexation Request, #KA-04-10, dated June 2, 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 one acre 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 Knoll Addition No. 349. 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 6TH DAY OF ML—Y, 2004. ATTEST: Theresa White City Clerk Pamela B. Mayor er TINT AND KAY KNOLL ANNEXATION AND INITIAL ZONING OF R-4 LEGAL DESCRIPTION Commencing at the Southeast comer of the Northeast Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana: Thence S88025'36"W and along the south boundary of said NE114NW114 a distance of 334.11 feet to a set iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence continuing S881125'36"W 167.15 feet to a found iron pin; Thence N00017'40"W 260.93 feet to a set iron pin; Thence N88°25'36" E 167.15 feet to a set iron pin' Thence S001117'40"E 260.93 feet to the point of beginning and containing 1.001 ACRES; Together with 60 foot private road and utility easement, subject to and together with all appurtenant easements of record.