Staff Report/Annexation & ZoningFlathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
February 18, 1998
Clarence Krepps, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Phone: (406) 758-5980
Fax: (406) 758-5781
Re: Edgar and Margaret White Request for Annexation and Initial Zoning of R-3
Dear Clarence:
The Kalispell City -County Planning Board met on February 10, 1998, and held a public
hearing to consider a request by Edgar and Margaret White for initial zoning of R-3,
Residential upon annexation into the city. The property proposed for annexation the
contains approximately 1.87 acres and is located on the north side of California Street
between Fourth Avenue East North and Fifth Avenue East North. It can be described as
Assessor's Tract 24A in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
Narda Wilson of the Flathead Regional Development Office presented a staff report and
recommended City R-3 zoning for this parcel upon annexation. The property owner
spoke in favor of the R-3 zoning, and stated they need City water and sewer in order to
build their house. No one spoke in opposition.
A motion to adopt staff report #KA-98-1 as fmdings of fact and recommend approval of
the proposed R-3 zoning upon annexation passed unanimously on a vote of seven in
favor andhone opposed.
A recommendation for the proposed R-3 zoning upon annexation of this property is
being forwarded to City Council for consideration at their regular meeting on March 2,
1998. Please contact this board or Narda Wilson at the Flathead Regional Development
Office if you have any questions regarding this matter.
Sincerely
Kalispell City -County Planning Board
Milton J. Carlson
Vice -Chair
Providing Community Planning Assistance To:
Flathead County - City of Columbia Falls - City of Kalispell - City of Whitefish
Ed-ar and Maroaret White Annexation
February 18, 1998
Page 2
MJC/NW/co
Attachments: FRDO Report #KA-98-1 w/ application materials
Draft Minutes 2/10/98 Planning Board meeting
Exhibit A (legal description)
c w/o Att: Edgar & Margaret White, 135 Birch Dr., Whitefish MT 59937
Debbie Gifford, Kalispell City Clerk
H: \TRANSMIT\KAL\ 1998\KA98-1
EXHIBIT A
LEGAL DESCRIPTION
EDGAR AND MARGARET WHITE
LEGAL DESCRIPTION
TRACI including Parcel ---A-)
A tract of'land, situate, lviria and beina in the StA, NW- of
4
r�
:;ection 8, T6vnshiD Ran-e 21 t%'est, P . M
28 North, .M. Flat
head Countv Montana , and more particularl%- described as
f o 110 w s
Be2innina at the North 1/16 Corner common t o SecLions 7 and
"'V
LEE
8 : thence 88 5 9 ' 5 6 E , 14 5 . 5 5 f e e t : thence
S 00 0 4 8 '. 31" 571 . 3 5 feet to a point on the northerl.v R/�%'
SE
of California Street-. thence S 76' 49' 03" V alono said R/1�*,
100.6-3 feet to a point: thence N I" 2q' 33" t%-, 90.7q feet
-to
-'il
11/4
thence N 25" 38' 53" t%*, 60.65 feet a point on the line
common to Sections 7 and 8: thence N 00' 48' 31" E along s a i d
OQ CEt
Section line. 453.52 feet to the point of bec,innin- and con-
iz
taininc 1.8/1'acres of land.
IRACT 2
situate , 1vina and E N E
A tract of land, beinp in the 4 of
:z - % of'section 8, To��nship
e c t 1 o n / and the N�'-� -8 No u r. 1-1 ,
Range 21 �%'est, P.M.M., Flathead County, Montana, and more
particularly d.escribed as foll.ows-
Commencing, at t.he 1/16 Corner common to _`�ections 7 and
8: thence 5 00' 48',31"W. along said Section line,
z �53 . 52' feet to- the true point of beginning of Lhe t cact. be 1.11,(�
described: thence S 76' 49' 03" t%', 87.37 feet: thence
S' 130 10 57" E, 150.00 feet :to a point on the norLherlv R/W
of California S-treet thence _N 761 49 ' 03" E alona said R/k� ,
99-37 feet to a point: thence N..120 29' 33" W, 90. 79 feet
thence N 25' 38.' 53". V, 60.65'feet to thF po.;nt of be-innina
and, containing 0.336, acres of*1and.
0
SE
ST
CERTIFICAT
REGISTRAT,
A . P P, R (V E D.')J,
EXAMININO S,
STATE O� M01
COUNTY OFe
FILED- THI!
CIO(
� W,
CLERK /AND
By
D
F
INSTRUI
SHEEI
CERTIFI.QATE OF
EDGAR AND MARGARET WHITE
rk'EQUEST FOR ANNEXATION AND INITIAL ZONING
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KA-98-1
FEBRUARY 2, 1998
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a request by Edgar and Margaret White for annexation and initial zoning. A
hearing has been scheduled before the Kalispell City -County Planning Board for
February 10, 1998 beginning at 7:00 PM in the Kalispell City Council Chamber. The
Planning Board will forward a recommendation to the Kalispell City Council for final
action.
��*'iwllkzvrxe
This report evaluates the appropriate assignment of a City zoning classification in
accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The petitioners
have owned the property proposed for annexation for many years and are now ready to
build a home. Because of the topographical constraints of the property and its
proximity to City sewer, City sewer is required to develop the site.
A. Petitioner and Ovirners: Edgar and Margaret White
135 Birch Drive
Whitefish, MT 59937
(406)862-4722
B. Location and Legal Description of Property: The property proposed for
annexation is located on the north side of California Street between Fourth
Avenue E.N. and Fifth Avenue E.N. The property can be described as Assessor's
Tract 24A located in Section 8, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
C. E7dsting zoning: Currently this property is located in the County zoning
jurisdiction and is zoned R-1, a Suburban Residential zoning district requires a
minimum of one acre and is usually in an area which is not served by
community sewer. The subject property could not be developed in the R-1
zoning district with an on -site sewage treatment system because of the
topography. There is a small building site along the southern boundary of the
property and then a sharp drop down to a slough of the Stillwater River.
D. Proposed Zoning: The applicants are proposing City R-3 zoning, a Residential
zoning district which has a n-Linimum lot size requirement of 7,000 square feet
and would be required to be served by all public facilities and services. This
district is primarily single family residential. All of the surrounding residential
properties in the area are zoned R-3 and the proposed zoning would be
consistent with that which is in the area.
1
E. Size: The area proposed for annexation and zoning contains approximately 1.87
acres.
F. E�dsting Land Use: Currently this property is undeveloped. The property
owners plan to building a single family residence on the property and require
City water and sewer to do so, hence the request for annexation into the city.
G. Ad acent Land Uses and Zoning: The character of the immediate area is
i
residential. This property bounded on the south and west by property within the
city limits. The property to the east and north is in the county.
North: Lawrence Park, City P- 1 zoning
South: Single family homes, City R-3 zoning
East:: Undeveloped except for an old ice house, County R- 1 zoning
West: Single family homes and Lawrence Park, City P- 1 and
City R-3 zoning
H. General Land Use Character: The general land use character of the area is
single family residential to the south and open space to the north and east. This
property adjoins Lawrence Park on the north and west and then an undeveloped
parcel which also adjoins Lawrence Park to the east. There are single family
homes to the south and to the west.
1. Availability of Public Services: Public services are available in the immediate
area which include fire and police service, street maintenance as well and public
water and sewer. The reason for this annexation request is so that the property
owners can connect to the City of Kalispell water and sewer and thereby
construct a new single family home
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
L16n) I J1 F."t .. -� 111% 01 Czielcg�
Does the requested zone comply with the Master Plan?
This property is indicated on the Kalispell City County Master Plan Map as urban
residential. The proposed R-3 zoning district complies with that master plan
map designation, as well as the goals and policies of the document.
2. Is the requested zone designed to lessen congestion in the streets?
Rezoning this property may result in a potentially ten vehicle trips per day
associated with a single family home. No significant impact on traffic congestion
will result from bringing this property into the city and assigning it an R-3 zoning
designation.
K
3. Will the requested zone secure safety from fire, panic, and other dangers?
There would be no obvious increase in risk related to this zone designation
request. Access for fire and other emergency services are adequate.
4. Will the requested zone -promote the health and general welfare?
Because this annexation will enable the property owners to connect to public
sewer and construct a new home on full public services, the public health and
welfare of the community will be served by encouraging compact development
within the city core.
S. Will the requested zone provide for adequate light and air?
The proposed use, a single family residence, will be required to comply with the
development standards of the district which assures that there is adequate light
and air.
6. Will the reg ested zone prevent the overcrowding of land?
The requested zoning designation is consistent with other zoning in the area and
the type of development which would be anticipated under the master plan. The
requested zone will prevent the overcrowding of land.
7. Will the requested zone avoid undue concentration of people?
No significant increase in the population in the area will result under the
proposed zoning. Technically, one additional dwelling would be constructed
under this zoning. The lot size requirements for the district avoid the undue
concentration of people in the area.
8. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Public service, facilities and infrastructure are currently in place to accommodate
the use(s) in the area. No significant impacts to these services can be anticipated
as a result of this zoning proposal.
9. Does the requested zone give consideration to the -particular suitability of the
pro erty for -particular uses?
The proposed zoning is consistent with the zoning in the surrounding area and
the uses in the area. The proposed zoning is consistent with the master plan
map designation and anticipated development. The requested zone gives
appropriate consideration for the suitability of this area for the uses allowed
under the R -3 zone.
3
10. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is residential. The use proposed on the
property is residential and will be consistent and compatible with other uses in
the area. The requested zone gives reasonable consideration to the character of
the area.
11. Will the proposed zone conserve the value of buildings
Value of the buildings in the area will be conserved because they are consistent
with the uses allowed under the zoning and compatible with other uses in the
immediate area.
12. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
The most appropriate use of land throughout the jurisdiction appears to
currently be residential. This is consistent with the master plan designation and
promotes the stability and neighborhood character of the immediate area.
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board and Zoning
Commission adopt Staff Report #KA-98-1 as findings of fact and forward a
recommendation to City Council that the initial zoning for this property should be R-3,
Residential, upon annexation.
H: \ ... \REPORTS \KA\98 \KA98-1
F.
NTIONONUM-4
From: Ed& Margaret White
135 Birch Drive
Whitefish, Mont. 59937
To: City of Kalispell
Subject: Request for Annexation on the following tract of land for the purpose
of building a retirement home. We request zoning classification to be
the same as other single family homes adjoing the property.
Thank You,
11'A
P 7- T I T-1 0 N �� 10 .
BEFORE THE CITY CCUNCIL RECEIVED
OF THE
CITY OF KALISPELL JAN 8 1998
PETITION FOR ANNEXATION TO CITY FLATHEAD REGiONAL
0GVzL0PM9K1 QWC@
COME NOW tne undersianed and resuectfuily petition the City
Counc--'-' of the Citv a-L' Kaiisue-!]. requesting city annexation of the
following real property into the City of Kalispell and to remove
the following real property from the P, c-rxj — Rural
Fire District.
The petitioner(s) requesting City of Kalispell annexation of
the property described herein hereby mutually agree with the City
of Kalispell that immediately upon annexation of the land all City
of KaiisDell mun4CiDal services will be provided to the property
described herein on substantially the same basis and in the same
manner as such services are Drovided or made available within the
rest of the municipality prior to annexation. Petitioner(s) hereby
state that there is no need to prepare a Municipal Annexation
Service Plan for this annexation pursuant to Section 7-2-4610,
M.C.A. since the parties are in agreement as to the provision of
municipal services to the property requested to be annexed.
Dated this day of 19
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:
PROPERTY ADDRESS:
a WiZ7
OWNER
OWNER
PLEASE RETURN THIS PET T TION TO CITY CLERK'S OFFICE
;�AZTIISMTT A-f'
AND
-V� I t TJ LC X, J I t Li X XTIVI L1, 4 -1 F-4 - -,�- 11
W
TO WHOM IT MAY CONCERN:
TfHS AGREEMENT, made and entered into this. ';� 4--
day of 199?� by and between la- 6 11if, d & 171 N K9 1�tg �-7-4 , 6U 1-1272�-
hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDER(S), OR
CONTRACT SELLERS(S) ] and the CITY OF KALISPELL, Flathead County, Montana,
hereinafter CITY, WITNESSETH:
That for and in consideration of the sum of One Dollar and/or other good and valuable
consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions,
conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the
PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to
protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings
made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and
make a part of said City of Kalispell, more particularly described on Exhibit "N' attached hereto
and which, by this reference, is made a part hereof.
The PARTY(S) OF INTEREST do(es) further herein express an intent to have the
property as herein described withdrawn from the Fire District
under the provisions of Section 7-33-2127, Montana Coae Annotated; and that incorporated into
this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and that -
upon proper adoption of an ordinance or resolution of annexation by the City Council of the City
of Kalispell, the property shall be detracted from said district.
The PARTY(S) OF INTEREST further agree(s) that this covenant shall run to, with, and
be binding upon the title of the said real property, and shA be binding upon our heirs, assigns,
successors in interest, purchasers, and any and all subsequent holders or owners of the above
described real property.
This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of
Kalispell sewer system.
IN TESTIMONY AND WITNESS VTIEREOF, we have hereunto set our hands and
affixed our seals this —�) ye"' day of ) 1991F.
PARTY(S) OF INTEREST
�� e�� 6��' &1"
12AJ,�Z L2"
j
CITY OF KALISPELL
City Mana
ge�
ATTEST:
iri�i�-ce Drrector
STATE OF MONTANA
ss
County of Flathead
On this day of , 199 , before me,
the undersigned, a Notary Public for the State of Montana, personally appeared
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he/she executed the same.
IN WITNESS WI-IEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
STATE OF MONTANA
County of Flathead
On this
the undersigned,
appeared
the
ss
a Notary
Notary Public, State of Montana
Residing at
My Commission expires
- day of ) 199
Public for the State of Montana
and
and
before me,
personally
respectively, of . the corporation that
executed the foregoing instrument, and the persons who executed said instrument on behalf of
said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WBEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
STATE OF MONTANA
ss
County of Flathead
Notary Public, State of Montana
Residing at
My Commission expires
On this day of , 199 , before me, a Notary
Public in and for the State of Montana, personally appeared CLARENCE W. KREPPS and
AMY H. ROERTSON, known to me to be the City Manager and Finance Director of the City
of Kalispell, a municipality, that executed the within instrument, and acknowledged that such
City Manager and Finance Director respectively subscribed, sealed and delivered said
instrument as the free and voluntary act of said municipality, for the uses and purposed
therein setforth, and that they were duty authorized to execute the same or. behalf of said
municipality.
IN WITNESS VaMREOF, I have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
Notary Public, State of Montana
Residing at
My Commission expires
79
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LEGAL DESCRIPTIO_'�
5,
TRACT 1. (includina P a r c e 1---A-)
'N
A tract o f land, situate, lvin- and bein- in the 'SIA, NW-', of
2
;ection 8, T6wnshiD 28 North, Ran-e - I%'est, P.M.M. Flat-
head Countv Montana, and more particularIv described as
f o 11 o w s
1/16 Corner common to Sections 7 an
Be2innina at the North, d
LEI
8: thence 5 M ' 5 9 ' 56" E, 145.55 feet: thence
S 00 0 4 8 '. 31" 1%', 571.35) feet to a point on the northerIv R/V
S1
of California Street: thence S 76' 49' 03" t�- alonc, said R /IN* ,
10 0 . 63 f e e t L o a p o i n t : t h e n c e N I I ' I c) ' 3 3 9 0 . 7 9 F e e t
V�
thence \ 250 38' 53" IN*, 60.65 feet to a poi nLon the line
common to Sections 7 and 8: thence N 00' 48' 31" E alona s a i d
Se c t ion line. 453.52 feet to the point of beoinnina and"con-
OQ CE
t a i n i n 1.871''acres of land.
AA,
F C I
TRACT
A tract of land situate , lvinc, and beinp in the qE" NE',; of
4
S E
S e c t i o n _/ and the _�-W-4 '�I%_-'4 of- Section 8 , Townsh i p 2 8 N o r 1. 1
Rancye ' I I�-est , P M.M. , Flathead Countv , -Montana , and more
particularly described as foll.ows
Commencing at t he North 1/16 Cbrner common to Sections 7 and
8: thence S 00' 48'.31"W. along said Section line,
C3
453.52" feet to, the true point of beginning of the tract being
d escribed: thence S 76' 49' 03" IN', 87.37 feet: thence
S 130 10' 57" E, 1*50.00 feet to a point on the northerl v RN
of California S-treet; . thence N 761 49' 03" E along said R/W,
99.37 feet to a point; then'ce N.12' 29' 33" W, 90.79 feet;
thence N 25' 38.' 53", 1�', 60.65'feet to thF polint of beginning
and containing 0.336 acres of*land.
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ADJUSTMENT PARCEL
LEGAL DESCRIPTION
PARCEL A
f land� situate, lying and bei'ng..
f Section 8, Township 28 N o r t h R, a-jjg
.. Flathead County, Montana, and%4�
rly described as follovs:
at the Southwest Corner of T ra c't'
'4 5 thence N 13- 10' 57" W 96..42
15 3 0 5 7 - 9 2 f 4e t ; t h'e n c'e
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33" E, 90.79.feet to a -point.
R/t�' of California Street: thenc'e'�-."�� . �"-i
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of beginning and containing
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Citizen's Tit'
CT-2b428
Order No.
WARRANTY DEED
(JOINT TENANCY) Uv
11
For Value Received ALBERT M. JOHNSON and L0RE4ITA J. JOHNSON
the grantors, do hereby grant, bargain, sell and convey unto
EDGAR A. WHITE and NAFUAMT L. WHITE
135 Birch Drive, Whitefish, Mr 59937
the grantees , as joint tenants (and not as tenants in common), and to the survivor of said named joint tenants,
and to the heirs and assigns of such survivor, the following described premises, in
FLATHEAD County, Montana, to -wit:
SEE E.NHIBIT "A" ATTACHED HERETO AND MADE A PART HERETO
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees , as joint
tenants with right of survivorship (and not as tenants in common) and to the heirs and assigns of the survivor
of said named joint tenants forever. And the said Grantois do hereby covenant to and with the said
Grantees , that t he ythe owner in fee simple of said premises; that they are free from all incumbrances
and that they will warrant and defend the same from all lawful claims whatsoever.
,-,o �!)
11
STATE OF MONTANA, COUNTY OF FLATHEAD
'17, 101 MONTANA, COUNTY OF
On thi� day of June 19 91,
�Tl iy i in
�r , " if ha t h , "'ument was filed for rec rd, a(
na ni, i n 'umen'
'y was .. ed or ec
before me, ao"m-ary, public in and for said State, personally
the request o
0�
2C
C
a p e8' kZ'0R"Y"K. JOHNSON and
a t utes past o'clock M.,
u es p st o'cloc k
rr
Z
LO JOHNSON
this day
da y
k n �fw;� t me +or li�e, tk- prn S whose name S are
19 , in my office, and duly rec ed in Book
uly ,
> , 0
2
A: A
subscri_�;ecl to 1�le witVin insirti-nent, and acknowledged to me
of Deeds at page
0
11,10, executed the same.
-S
Ex-Officio Recorder
By
y
Notary Public
Residing at Montana
Fees $
Comm Expires
Mail to:
'91182 lltl;7_1
EXHIBIT A
A tract of land situated, lying and being in the SW�NWJ of
Section 8, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana, and more particularly described as follows:
Beginning at the North 1/16 Corner common to Sections 7 and 8;
thence
South 88'�59'56" East, 145.55 feet; thence
South 00*48'31" West 571.35 feet to a point on the Northerly R/W
of California Street; thence
South 76*49'03" West along said R/W, 100.63 feet to a point; therice
North 12'29'33" West, 90.79 feet; thence
North 25*38'53" West, 60.65 feet to a point on the line common to
Section 7 and 8; thence
North 00'48'31" East along said Section line, 453.52 feet to the
Point of Beginning.
SUBJECT TO The effect of restrictions contained in Certificate of
Subdivision Plat Approval recorded with Certificate of Survey No.
7945, records of Flathead County, Montana.
Return & Taxes:
Edgar A. & Margaret L. White
135 Birch Drive
Whitefish, MT. 59937 S)6,9—
STATE OF MONTANA,
ss
County of Flathead
Recorded at the request of
this — ) day -of _4A,�4 I a t o'cl-ockCZM and recorde(I in
the records of Flathead dunty, State of Montana.
Fee $ Pd. Z
RECEPTION NO. 91182 11q21
RETURN TO lity
116,
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CT— 2, 4 2 8
Order No.
WARRANTY DEED
(JOINT TENANCY)
For Value Received ALBERT M. JOHNSON and LORETTA J. JOHNSON
the grantors, do hereby grant, bargain, sell and convey unto
EDGAR A. WHITE and MA.W-.,A.RET L. WHITE;
135 Birch Drive, Whitefish, MT 59937
the grantees , as joint tenants (and not as tenants in common), and to the survivor of said named joint tenants,
and to the heirs and assigns of such survivor, the following described premises, in
FLATHEAD County, Montana, to -wit:
SEE ENHIBIT "A" ATTACHED HERETO AND MADE A PART HERETO
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees , as joint
tenants with right of survivorship (and not as tenants in common) and to the heirs and assigns of the survivor
of said named joint tenants forever. And the said Grantots do hereby covenant to and with the said
Grantees , that t he ythe owner in fee simple of said premises; that they are free from all incumbrances
and that they will warrant and defend the same from all lawful claims whatsoever.
n Q T-_'�'
F1
STATE OF MONTANA, COUNTY OF FLATHEAD
On this -z P day of JUne , 19 91,
before me. a,,novar�,, public in and for said State, personally
JOHNSON zmd
appg�A
JOHNSON
knf4b tb Fne +01 her 1�9 rr! whose name s are
,.z , � ��J S ,
sy5scri*��d tA. ��e'-Xit'Wjn instrilment, and acknowledged to me
executed the same.
Notary Public
Residing at Montana
Comm Expires
TE OF MONTANA, COUNTY OF
TE OF MON TAN C OU N
TY OF
I her certify that this instrument was filed for ire C�Fdl at
.2
the request o
10
at utes past o clock M.,
this day
'9 "1 'ce dul y re, 80
in my o1fice. and duly rer ed in Book
of Deeds at page
By
Fees $
mail to:
Ex-Officio Recorder
ty
7
C
EXHIBIT A
A tract of land situated, lying and being in the SWjNWj of
Section 8, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana, and more particularly described as follows:
Beginning at the North 1/16 Corner common to Sections 7 and 8;
thence
South 880-59156" East, 145.55 feet; thence
South 00*48'31" West 571.35 feet to a point on the Northerly R/W
of California Street; thence
South 76'49'03" West along said R/W, 100.63 feet to a point; thence
North 12*29'33" West, 90.79 feet; thence
North 25*38'53" West, 60.65 feet to a point on the line common to
Section 7 and 8; thence
North 00*48'31" East along said Section line, 453.52 feet to the
Point of Beginning.
SUBJECT TO The effect of restrictions contained in Certificate of
Subdivision Plat Approval recorded with Certificate of Survey No.
7945, records of Flathead County, Montana.
Return & Taxes:
Edgar A. & Margaret L. White
135 Birch Drive
Whitefish, MT. 59937
STATE OF MONTANA,
County of Flathead ss
Recorded at the request of
this I day.of 1" 19 at o'clockaM and recordec! in
the records of Flathead dunty, State of Montana.
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Fee $ 1, -0 Pd.
RECEPTION NO. 91182 114121 L--
RETURN TO ryfiuty
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LEGAL DESCRIPTION
TRACT 1. (including Parcel ---A-)
A tract of land, situate, lvina and beino in the S k�*-, N I� o f
1-8 1-1
e c t i o n 8 , T6wnship North, Ranae �%'est, P.M.M . Flat-
head Countv Montana, and more particularl% described as
follows:
t Be5zinnina ac the North 1/16 Corner common t o Sections 7 and
LE(
8: thence 59 - 5 6 E, 145.55 feet: thence
-
S 000 48', 31 " W , 5 7 1 . 3 feet to a point on the northerIv RN
S'E
of California Street : thence S- 761 49 ' 03" V along said R/W
100.6,3 feet to a point: thence N 12' 'q' 33" W , 9 0 . 7 9 F e E, t
-a
TIM
thence \ 2 5 ' 3 8 ' 5 3 60.65 feet to poi n t on the line
common to Sections and 8: thence N 001 48 ' 31" E alonp, s a i d
CEI
4
S e c t i o n line. 453.5-1 feet to the point of beo,innino and con-
tainino 1.8/ acres of land.
F 0
TRACT
A tract o f land, situate , lving and be inp in the NE", o F
0 S E
S, e c t i o n a nd t he SWI� NIA, o f Sec t 1 on 8 , Tovn sh i p 2 8 No u t� 1-1
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Ran-e 2 1 IN'e s t , P . M. 1-1. , F la Lhead Cou n ty , -Mon t ana , a nd mo re
particular 1%. described as f oll.ows
Commencino at the North 1/16 Corner common to Sections 7 and
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8 : thence S' 00' .48' .31"\,/, along said Sect ion line
453 . 52" feet to- the true point of beoinning of Lhe t racL be inp,
described: thence S 76' 49' 03" V, 87 . 37 feet -, thence
130 10' 57" E, 150.00 feet :to a point on the northerl ' v R/W
of California �--treet.: thence N 76' 49' 03" E alono said RN,
99.37 feet to a point: thence N, 120 29' 33" 1%', 90.79 feet:
thence N '5' 38.' 5'3" V, 60.65'feet to thF poJnt of beginning
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and containin- 0.33.6 acres of'land.
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LEGAL DESCRIPTION
PARCEL A
Of land, situate, lying and be'i'ng
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Of Section 8. Townsh'ip 28 North, Raln'
Flathead County, Montana, an&'!
3rlv described as follovs:
a t the
Southwest Corner of Tr4c
)4 5 ' thence N 130 10 5 7 " W 9 6 4 2t:�,�fi
3 5 0 30 ' ll,, 1�, �-4
57-92 f6et; thenc'e,`.,1-"11
53". E, 60-65 feet : thence
33" E, 90. 79 feet to a
.point on,
Of California Street, thence
03" E along said R/W., t
and containing 0,
of beginning 0.00 fee'
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AND
NOTICE OF WITHDRAWAL FROM
RURAL FIRE DISTRICT
TO WHOM IT MAY CONCERN:
TFHS AGREEMENT, made and entered into this. 5� 4--
day of --yptj - )199e,, by and between_ n-41?zr,,d &
hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDER(S), OR
CONTRACT SELLERS(S) ] and the CITY OF KALISPELL, Flathead County, Montana,
hereinafter CITY, WITNESSETH:
That for and in consideration of the sum of One Dollar and/or other good and valuable
consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions,
conditions and agreements, the receipt and sufficiency of wl-dch is hereby acknowledged, the
PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to
protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings
made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and
make a part of said City of Kalispell, more particularly described on Exhibit "N' attached hereto
and which, by this reference, is made a part hereof.
The PARTY(S) OF INTEREST do(es) further herein express an intent to have the
property as herein described withdrawn from the Fire District
under the provisions of Section 7-33-2127, Montana Cote Annotated; and that incorporated into
this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and that -
upon proper adoption of an ordinance or resolution of annexation by the City Council of the City
of Kalispell, the property shall be detracted from said district.
The PARTY(S) OF INTEREST further agree(s) that this covenant shall run to, with, and
be binding upon the title of the said real property, and shall be binding upon our heirs, assigns,
successors in interest, purchasers, and any and all subsequent holders or owners of the above
described real property.
This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of
Kalispell sewer system.
IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and
affixed our seals this — day of 199F.
PARTY(S) OF INTEREST
1Ma'h"ah'zz ""4;z
1 - j
CITY OF KALISPELL
City Manaje�)
ATTEST:
V'inance brre—ct -or
STATE OF MONTANA
ss
County of Flathead
On this day of ) 199 , before me,
the undersigned, a Notary Public for the State of Montana, personally appeared
, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
STATE OF MONTANA
ss
County of Flathead
On this day of ) 199 , before me,
the undersigned, a Notary Public fo r the State of Montana personally
appeared — and
the and
respectively, of the corporation that
executed the foregoing instrument, and the persons who executed said instrument on behalf of
said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WIIEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
STATE OF MONTANA
ss
County of Flathead
Notary Public, State of Montana
Residing at
My Commission expires
On this day of , 199 , before me, a Notary
Public in and for the State oTMontana, personally appeared CLARENCE W. KREPPS and
AMY H. ROERTSON, known to me to be the City Manager and Finance Director of the City
of Kalispell, a municipality, that executed the within instrument, and acknowledged that such
City Manager and Finance Director respectively subscribed, sealed and delivered said
instrument as the free and voluntary act of said municipality, for the uses and purposed
therein setforth, and that they were duly authorized to execute- the same on behalf of said
municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
Notary Public, State of Montana
Residing at
My Commission expires