Resolution 4581/Resolution of Intent to AnnexRESOLUTION NO. 4581
A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF
KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 43, M.C.A.
(ANNEXATION OF CONTIGUOUS LAND), COMPRISING PLATTED TRACTS OF LAND AND
UNPLATTED LAND THAT HAS BEEN SURVEYED FOR WHICH A CERTIFICATE OF SURVEY
HAS BEEN FILED, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO BE
DESIGNATED AS GLACIER VILLAGE GREENS ADDITION NO. 295, AND DIRECTING
THE CITY CLERK TO PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW.
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 has been
surveyed and for which a certificate of survey has 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. 1175, as amended; 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 1st day of March,
1999, and
WHEREAS, the City Council shall, prior to annexing said property,
cause to be developed a "mini -extension" of services plan
for the territory described in Exhibit "A", and proposed by
this Resolution to be annexed, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission shall on the loth day of October, 2000, 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, and
WHEREAS, the City of Kalispell desires to annex the property to the
City limits under the provisions of Title 7, Chapter 2, Part
43 Montana Code Annotated (Annexation of Contiguous Land).
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. 1175, 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 next
preceding the regularly scheduled Council meeting
at which said Annexation will be considered; and
give said notice in writing, addressed to all
registered voters in the territory proposed to be
embraced.
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 from the registered voters residing
in the area proposed to be annexed.
SECTION V. At the regularly scheduled meeting of the City
Council of the City of Kalispell, next succeeding
the expiration of said twenty days, 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 5TH DAY OF SEPTEMBER, 2000.
01 .
Wry. . chars
Wm. E. Boharski
Mayor
Attest•
heresa White
City Clerk
Exhibit A
Page 1 of 4
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SE1/4 & SWIA SEC. 32, T.29.N., R.21W., P.M., M., FLATHEAD CO.
MONTANA
AMENDED PLAT
LOT II, GLACIER VILLAGE GREENS, PHASE I
A
SUBDIVISION
IN THE SE1/4 & SWIA SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO.,
MONTANA
AMENDED PLAT
LOTS 1, 82 and 83
GLACIER VILLAGE GREENS, PHASE I
A SUBDIVISION
IN THE SE1/4 & SWIA SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE II
A SUBDIVISION
IN THE SE1/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY,
MONTANA
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE S 1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
AMENDED PLAT OF
LOTS 70 & 71
GLACIER VILLAGE GREENS, PHASE III
A SUBDIVISION
IN THE S 1/2 SEC. 32, T.29N., R 21 W., P.M., M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE III A
A SUBDIVISION
IN THE S 1 /2 SEC. 32, T.29N., R.21 W., P.M., M., FLATHEAD CO.,
MONTANA
Exhibit A
Page 2 of 4
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION
IN THE El/2SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO.,
MONTANA
AMENDED PLAT
OF
LOT 127
OF THE PLAT OF
GLACIER VILLAGE GREENS, PHASE IIIB
A SUBDIVISION IN THE
El/2SW1/4, SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IV
A SUBDIVISION
IN THE W 1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO.,
MONTANA
GLACIER VILLAGE GREENS, PHASE V
A SUBDIVISION
IN THE NWl/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
Homeowner's Park A of Glacier Village Greens, Phase III
Lots 160, 216 and the Homeowner's Park of Glacier
Village Greens, Phase IV
IN THE Wl/2SW1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE VIII
A SUBDIVISION
IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
Exhibit A
Page 3 of 4
AMENDED PLAT OF
LOTS 1 &2
GLACIER VILLAGE GREENS, Phase VIII
A SUBDIVISION
IN THE NWl/4SE1/4 SEC. 32., T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE W1/2SE1/4 SEC. 32, T.29N., R.21W., PM.,M.,
FLATHEAD COUNTY, MONTANA
AMENDED PLAT OF
GLACIER VILLAGE GREENS, PHASE IX
A SUBDIVISION
IN THE Wl/2SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
GLACIER VILLAGE GREENS, PHASE X
A SUBDIVISION
IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M.,
FLATHEAD COUNTY, MONTANA
s
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE WEST HALF OF THE
SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M.,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS TO WIT:
Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana; Thence along the north boundary of said Section 5,
N89 ° 55'09"E 30.00 feet to a set iron pin on the easterly R/W of a 60 foot county road known
as Whitefish Stage Road, which is THE TRUE POINT OF BEGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W N00°03'08"W
1146.61 feet to a found iron pin; Thence leaving said R/W N89°5945"E 213.61 feet to a
found iron pin; Thence N01 ° 24'27"W 207.48 feet to a found iron pin; Thence S89 ° 55'59"W
10.00 feet to a found iron pin; Thence NO2 °24'36"E 411.97 feet to a found iron pin; Thence
N20 ° 08'33 "E 100.12 feet to a found iron pin; Thence N 18 ° 30'04"E 223.97 feet to a set iron
Exhibit A
Page 4 of 4
pin; Thence N79 ° 37'27"E 71.92 feet to a found iron pin; Thence S 17 ° 13'41 "W 261.53 feet
to a found iron pin; Thence S02 °42'43 "W 225.00 feet to a found iron pin; Thence
S01 047'43"W 235.46 feet to a found iron pin; Thence S03 °46'45"E 138.54 feet to a found
iron pin; Thence S21 ° 10'50"E 104.45 feet to a found iron pin; Thence S45 °28'25"E 169.53
feet to a found iron pin; Thence S40" 10'29"E 138.50 feet to a found iron pin; Thence
S70042'43"E 137.36 feet to a found iron pin; Thence S44°24'19"E 294.91 feet to a found
iron pin; thence S25°07'53"E 185.26 feet to a found iron pin; Thence S28°32'15"E 216.19
feet to a found iron pin; Thence S89°54'39"W 370.00 feet to a set iron pin; Thence
Soo °05'20"E 299.48 feet to a set iron pin on the north boundary of said Section 5; Thence
along said boundary S89055'09"W 701.12 feet to the point of beginning and containing
21.606 ACRES; Subject to and together with all appurtenant easements of record.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:
Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West,
P.M.,M., Flathead County, Montana, which is a found brass cap; Thence along the north
boundary of said Section 5, S89 °57'38"E 30.00 feet to a found iron pin on the easterly R/W
of a 60 foot county road known as Whitefish Stage Road and THE TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; Thence along said
easterly R/W N00°03'08"W 572.39 feet to a set iron pin; Thence leaving said R/W
N89 ° 57'00"E 237.55 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave
southwesterly, having a central angle of 45°03'00"; Thence along an arc length of 141.53
feet to a set iron pin; Thence S45 °00'00"E 241.23 feet to a set iron pin and the P.C. of a
180.00 foot radius curve, concave southwesterly, having a central angle of 44°53'10";
Thence along an arc length of 141.01 feet to a set iron pin; Thence S00°06'50"E 222.78 feet
to a set iron pin on the northerly R/W of a 60 foot county road known as West Evergreen
Drive and the north boundary of Section 5; Thence along said R/W and along said north
boundary N89 ° 5738"W 588.20 feet to the point of beginning and containing 6.826 ACRES;
Subject to and together with all appurtenant easements of record.