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Resolution 4916 - Annexation - Western Montana Mental Health Center Addition #351RESOLUTION NO. 4916 A 1 VQfAT TTTT"N Tn P-0nVT"V P"D TTTT.' At TrD A TTnXT n1; -UY4V DnT11%Jn A TQTV C nir A 1\.1.:.JVv�V i1.v..i .av a a�v r aLal i. vlaa.lt..taaa.a,fia. r-aiivi{,/.- s_iii.:�t./VII.V Al\1 Li l Vl' 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 WMTMHC ADDITION NO.351; 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 the Western Montana Mental Health Center, the owner of property located on the south side of 8th Street West at the south end of 13th Avenue West requesting that the City of Kalispell annex the s q � Y p territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on the Center's Annexation Request, #KA-04-13, dated July 7, 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 1.73 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 WMTMHC Addition No. 35 1. 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. 1 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 2ND DAY OF AUGUST, 2004. ATTEST: Theresa White City Clerk Order Number: STK-100019 LEGAL DESCRIPTION That portion of the Northwest Quarter of the Southwest Quarter of Section 18, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the Southeast corner of the Town of Ashley; thence South 00°50' 15" West 261.40 feet; thence South 47°10'23" West 28.70 feet; thence South 88°3445" West 233.55 feet; thence South 89°33' 10" West 345.88 feet to the Point of Beginning; thence retracing North 89133' 10" East 345.88 feet; thence North 01 °28'20' East 286.76 feet to the South line of Eighth Street West; thence along the south line of the street West 181.80 feet, more or less, to the centerline of Ashley Creek; thence along the centerline of Ashley Creek 380 feet, more or less, to a point which bears West from the Point of Beginning; thence East 36.82 feet, more or less, to the Point of Beginning. Parcel A of Certificate of Survey No. 10314 Less and excepting therefrom any right, title or interest in any minerals, mineral rights or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. "Sol ay 36 7, � DERITY