Resolution 4449/AnnexationRESOLUTION NO. 4449
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION THE
WATERFORD OF FLATHEAD COUNTY, LOCATED IN THE N1W 1/4 OF SECTION 1,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(WHICH IS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A") TO BE KNOWN
AS THE WATERFORD OF FLATHEAD VALLEY ADDITION NO. 289; 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
Holister Larson, First Interstate Bank, et al as Co -Trustee for J.
Austin Miller Trust, L. Peter Larson and Dan Eigeman, Co -Trustee
for J. Austin Miller Trust, the owners of property located
generally South of Four Mile Drive and West of Summit Ridge Drive
and described in Exhibit A, attached hereto and thereby made a part
hereof, requesting that the City of Kalispell annex the territory
into the City, and
WHEREAS, the Flathead Regional Development Office has made a
report on The Waterford of Flathead Valley, Annexation Request,
#KA-99-1, dated February 2, 1999, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into the City
of Kalispell, and
WHEREAS, said territory is included within and conforms to the
Kalispell City -County Master Plan, 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 1. That all the real property as described in
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 The Waterford of Flathead Valley Addition No.
289.
SECTION II. Upon the effective date of this Resolution,
the Clerk of Council 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.
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From and after the date of filing of said documents as
prepared by the Clerk of Council, 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-121. The territory annexed by this Resolution
shall be zoned in accordance with the Kalispell Zoning
ordinance.
SECTION I This Resolution shall be effective April 30,
1999.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF 7WZ,,&::e 1999.
Wml.5oharski-.
Wm. E. Boharski
Mayor
ATTEST:
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Theresa White
Clerk of Council
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EXHIBIT A
Legal Description
That parcel of land located in the N.W. 1/4 of Section 1, T28N,
R22W, P.M.M.
As further described below:
A Tract of land located in the Northwest Quarter of Section 1, Township
28 North, Range 22 West, principal Meridian, Montana, Flathead County,
Montana and more particularly described as follows:
TRACT 2
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 1, THENCE SOOO
56'20"W, ON AND ALONG THE EAST BOUNDARY OF SAID NORTHWEST QUARTER, A
DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOOO 56'20"W, ON AND ALONG SAID EAST BOUNDARY, A
DISTANCE OF 640.12 FEET TO A SET 5/8' RE -BAR AND WHICH POINT LIES ON THE
NORTH BOUNDARY OF NORTH HAVEN HEIGHTS 2ND ADDITION; THENCE ON AND ALONG
THE NORTH AND WEST BOUNDARIES OF SAID NORTH HAVEN HEIGHTS 2ND ADDITION
AND ON AND ALONG THE WEST AND SOUTH BOUNDARY OF NORTH HAVEN HEIGHTS 1ST
ADDITION, THE FOLLOWING SIX (6) COURSES:
N890 40'18"W, A DISTANCE OF 0.58 FEET TO A FOUND 3/8" RE -BAR;
S010 05"26"W, A DISTANCE OF 236.69 FEET TO A FOUND 3/8" RE -BAR;
SOOO 53'24"W, A DISTANCE OF 99.89 FEET TO A FOUND 3/8" RE -BAR;
SOOO 5757"W, A DISTANCE OF 99.97 FEET TO A FOUND 3/8" RE -BAR;
SOOO 57'45"W, A DISTANCE OF 236.50 FEET TO A FOUND 3/8" RE -BAR;
N850 43 ' 06"E, A DISTANCE OF 1.17 FEET TO A FOUND 5/8" RE -BAR AND WHICH
POINT IS THE NORTHWEST CORNER OF SUMMIT RIDGE NUMBER 1 SUBDIVISION;
THENCE ON AND ALONG THE WEST BOUNDARY OF SAID SUMMIT RIDGE NUMBER 1
SUBDIVISION, THE FOLLOWING TWO COURSES:
SOOO 57148"W, A DISTANCE OF 140.93 FEET TO A FOUND 5/8" RE -BAR;
S010 02103"W, A DISTANCE OF 70.55 FEET TO A SET 5/8" RE -BAR;
THENCE N890 42'17"W, AND LEAVING SAID WEST BOUNDARY, A DISTANCE OF
199.73 FEET TO A SET 5/8" RE -BAR; THENCE NOOO 56'20"E, AND PARA_LLEL WITH
SAID EAST BOUNDARY OF THE NORTHWEST QUARTER, A DISTANCE OF 737.00 FEET
TO A SET 5/8" RE -BAR; THENCE N890 42117"W, AND PARA-LLEL WITH THE NORTH
BOUNDARY OF SAID NORTHWEST QUARTER, A DISTANCE OF 833.20 FEET TO A SET
5/8" RE -BAR; THENCE NOOO 39102"W, A DISTANCE OF 260.23 FEET TO A FOUND
5/8" RE -BAR; THENCE NOOO 3814511E, A DISTANCE OF 527.30 FEET TO A FOUND
5/8" RE -BAR AND WHICH POINT LIES ON SAID SOUTH RIGHT-OF-WAY BOUNDARY OF
FOUR MILE DRIVE; THENCE S890 42'17"E, ON AND A -LONG SAID SOUTH RIGHT-OF-
WAY BOUNDARY, A DISTANCE OF 1043.13 FEET TO THE TRUE POINT OF BEGINNING.
THIS TRACT CONTAINS 22.170 ACRES AND SUBJECT TO AND TOGETHER WITH ALL
APPURTENANT EASEMENTS OF RECORD.