Resolution 4938 - Resolution of Intent to Annex - Western DriveRESOLUTION NO.4938
A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF
KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 44, M.C.A.
(ANNEXATION OF CONTIGUOUS GOVERNMENT LAND), COMPRISING PLATTED
TRACTS OF LAND AND UNPLATTED LAND THAT HAS BEEN SURVEYED FOR
WHICH CERTIFICATES OF SURVEY HAVE BEEN FILED, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", TO BE DESIGNATED AS WESTERN DRIVE ADDITION
NO. 353, DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF THIS
RESOLUTION AS PROVIDED BY LAW, AND SETTING A PUBLIC HEARING.
WHEREAS, in the judgment of the City Council of the City of Kalispell, Montana, it is in the best
interest of the City of Kalispell and the inhabitants thereof, that the contiguous
platted tracts and unplatted land that have been surveyed and for which certificates of
survey have been filed, as required by law, encompassed in Exhibit "A" attached
hereto and for purposes of this Resolution made a part hereof, be annexed to the City
of Kalispell, so that the boundaries of the City of Kalispell would be extended so as
to include the same within the corporate limits of the City, to zone said property in
accordance with the Kalispell Zoning Ordinance, Ordinance No. 1460, as amended;
and
WHEREAS, the City of Kalispell desires to annex the property to the City limits under the
provisions of Title 7, Chapter 2, Part 44 Montana Code Annotated (Annexation of
Contiguous Government Land); and
WHEREAS, on the 6th day of November, 1995, the City Council adopted, pursuant to Title 7,
Chapter 2, Part 47 Montana Code Annotated, an Extension of Services Plan which
anticipated development of City services approximately five years in the future, said
Plan being amended on the 1 st day of March, 1999, and
WHEREAS, the City Council shall, prior to annexing said property, cause to be developed an
Extension of Services plan for the territory described in Exhibit "A", and proposed by
this Resolution to be annexed, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission shall on the 9th day of
November, 2004, hold a Public Hearing, pursuant to 27.03.010, Kalispell Zoning
Ordinance, to recommend zoning for the territory described in Exhibit "A" in
accordance with the Kalispell Zoning Ordinance, in the event the territory is annexed
to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That it is the intention of the City of Kalispell that certain territory
described in Exhibit "A", be embraced within the corporate limits of
the City and the boundaries of the City be so extended so as to
include the same.
SECTION II. That it is further the intention of the City of Kalispell that said
property described in Exhibit "A" be zoned in accordance with the
Kalispell Zoning Ordinance, Ordinance No. 1460, as amended.
SECTION III. The City Clerk shall forthwith prepare and publish in the Daily Inter
Lake, a daily newspaper published at Kalispell, Montana, proper
notice of this Resolution of Intention at least once a week for two
successive weeks.
SECTION IV. For a period of twenty days after the first publication of said notice by
the City Clerk, said City Clerk will receive expressions in writing of
the approval or disapproval of the proposed extension of the
boundaries of said City of Kalispell.
SECTION V. At the regularly scheduled meeting of the City Council of the City of
Kalispell, the City Clerk shall forward all written communication
received by said Clerk for Council's consideration.
SECTION VI. The City Council, after considering all written communication, may
adopt a resolution approving the annexation and the boundaries of the
City shall thereby be extended to include the property described in
Exhibit "A".
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 4TH DAY OF OCTOBER, 2004.
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
1400 Western Drive
Known As Tract 1 of Certificate of Survey No. 1.775
Tract ID WEA 8 TRB & 9AA
A tract of land situated, lying and being in the Southwest Quarter (SW1/4) of Section Eighteen
(18), Township Twenty-eight (28) North, Range Twenty-one (21) West., P.M.M., Flathead
County, Montana and more particularly described as follows to wit:
Tract I
Beginning at the NE corner of Lot 8 of WESTERN ACRES of which a plat or reap is on file in
the Clerk and Recorders office of Flathead County, Montana; thence S 0° 48' 00" West., and
along the easterly boundary line of said Lot 8, a distance of 384.23 feet to an iron pin; thence
S88° 44' 00"W., a distance of 30.00 feet to an iron pin; thence NO' 48' 00"E., a distance of
211.89 feet to an iron pin; thence West a distance of 205.00 feet to a point in the center of Ashley
Creek; thence N 12' 34' 16" W., and along said Creek center line, 58.22 feet to a point; thence N
41' 34' 50" W., and along same Creek center line, 116.21 feet to a point; thence North and
leaving the center line of Ashley Creek, a distance of 22.00 feet to an iron pin; thence N 88' 44'
00" E., a distance of 327.27 feet to the place of beginning and containing 1.227 acres of land
more or less.
Known As Parcel A & Parcel B of Certificate of Survey No. 3361
Tract ID 9B, 913AA, SUP1-TRAAA, SUP-I-TRAB, SUP-1-TRAB100
PROPERTY BOUNDARY DESCRIPTION - PARCEL A
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18,
TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT 1, CERTIFICATE OF
SURVEY NO, 1775, RECORDS OF FLATHEAD COUNTY, MONTANA, WHICH POINT
IS INDICATED BY A FOUND 518" RE -BAR; THENCE N88°44'00"E, ON AND
ALONG THE NORTH BOUNDARY OF SAID TRACT 1, A DISTANCE OF 20394 FEET
TO A POINT, WHICH POINT IS THE SOUTHWEST CORNER OF THE TRACT OF
LAND INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND DESCRIBED IN
BOOK 567, PAGE 508, RECORDS OF FLATHEAD COUNTY, MONTANA, AND
WHICH POINT IS THE TRUE POINT OF BEGINNING
THENCE NO3°48' 13"E, ON AND ALONG THE WEST BOUNDARY OF SAID
TRACT INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND IN BOOK
567, PAGE 508, A DISTANCE OF 141.28 FEET TO A POINT, WHICH POINT IS
THE NORTHWEST CORNER OF SAID TRACT INDICATED ON CERTIFICATE OF
SURVEY NO. 1176 AND IN BOOK 567, PAGE 508;
THENCE N88°54'41"E, ON AND ALONG THE NORTH BOUNDARY OF SAID
TRACT INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND IN BOOK
567, PAGE 508, A DISTANCE OF 76.01 FEET TO A POINT;
THENCE N0005555"E, A DISTANCE OF 104.84 FEET TO A POINT, WHICH
POINT LIES ON THE NORTH BOUNDARY OF A TRACT OF LAND DESCRIBED
IN BOOK 564, PAGE 245, RECORDS OF FLATHEAD COUNTY, MONTANA;
THENCE S88°59'36"W, ON AND ALONG THE NORTH BOUNDARY OF TRACTS
DESCRIBED IN SAID BOOK 564, PAGE 245, A DISTANCE OF 85.42 FEET TO A
POINT, WHICH POINT IS THE NORTHWEST CORNER OF SAID TRACT
DESCRIBED IN BOOK 564, PAGE 245;
THENCE S00°23' 18"W, ON AND ALONG THE WEST BOUNDARY OF A TRACT
DESCRIBED IN SAID BOOK 564, PAGE 245, A DISTANCE OF 245.75 FEET TO
THE TRUE POINT OF BEGINNING.
BASIS OF BEARINGS: SOUTH BOUNDARY OF THE TRACT OF LAND INDICATED
ON CERTIFICATE OF SURVEY NO. 1176, RECORDS OF FLATHEAD COUNTY,
MONTANA, TAKEN AS N88-44'00"E.
THIS TRACT CONTAINS .218 ACRE.
PROPERTY BOUNDARY DESCRIPTION - PARCEL B
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18,
TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT 1, CERTIFICATE OF
SURVEY NO. 1775, RECORDS OF FLATHEAD COUNTY, MONTANA, WHICH POINT
IS INDICATED BY A FOUND 5/8" RE -BAR; THENCE N88044'00"E, ON AND ALONG
THE NORTH BOUNDARY OF SAID TRACT 1, A DISTANCE OF 203.94 FEET TO A
POINT, WHICH POINT IS THE SOUTHWEST CORNER OF THE TRACT OF LAND
INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND DESCRIBED IN BOOK
567, PAGE 503, RECORDS OF FLATHEAD COUNTY, MONTANA, AND WHICH
POINT IS THE TRUE POINT OF BEGINNING.
THENCE CONTINUING N88044'00"E, ON AND ALONG SAID NORTH
BOUNDARY OF TRACT 1, A DISTANCE OF 83.10 FEET TO A POINT;
THENCE N00055'55"E, A DISTANCE OF 140.60 FEET TO A POINT, WHICH
POINT LIES ON THE NORTH BOUNDARY OF A TRACT OF LAND INDICATED
ON CERTIFICATE OF SURVEY NO. 1176 AND DESCRIBED IN BOOK 567, PAGE
508, RECORDS OF FLATHEAD COUNTY, MONTANA;
THENCE S88054'4I"W, ON AND ALONG SAID NORTH BOUNDARY OF THE
TRACT OF LAND INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND IN
BOOK 567, PAGE 508, A DISTANCE OF 76.01 FEET TO A POINT, WHICH POINT
IS THE NORTHWEST CORNER OF SAID TRACT INDICATED ON CERTIFICATE
OF SURVEY NO. 1176 AND IN BOOK 567, PAGE 508;
THENCE S03048' 13"W, ON AND ALONG THE WEST BOUNDARY OF SAID
TRACT INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND IN BOOK
567, PAGE 508, A DISTANCE OF 141.28 FEET TO THE TRUE POINT OF
BEGINNING.
BASIS OF BEARINGS. SOUTH BOUNDARY OF THE TRACT OF LAND INDICATED
ON CERTIFICATE OF SURVEY NO. 1176, RECORDS OF FLATHEAD COUNTY,
MONTANA, TAKEN AS N88°44'00"E.
THIS TRACT CONTAINS .257 ACRE.