Resolution 4959 - Annexation - 16th Street West Addition #3552004350 0�)3e710
RESOLUTION NO.4959
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
O THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
.J, TO BE DESIGNATED AS 16TH STREET WEST ADDITION NO.355, AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, on October 4, 2004, the City Council passed Resolution No. 4940 declaring an
Q intention to annex contiguous platted tracts of land and unplatted land that have been
surveyed and for which certificates of survey have been filed, which is more
particularly described in Exhibit "A", attached hereto and thereby made a part hereof,
pursuant to the provisions of Title 7, Chapter 2, Part 44 Montana Code Annotated
(Annexation of Contiguous Government Land); and
WHEREAS, notice of the resolution of intent was provided pursuant to MCA 7-2-4312 by
publishing such notice on November 15 and November 22, 2004, as provided in
MCA 7-1-4127; and
WHEREAS, the City Clerk received, within the twenty -day comment period, and forwarded to the
City Council for Council consideration, zero (0) "Protest/Disapproval" letters
regarding the proposed extension of the boundaries of said City, and
WHEREAS, on November 6th, 1995, the City Council adopted, pursuant to Section 7-2-4305,
MCA, an Extension of Services Plan which anticipates development of City services
for approximately five years in the future, and
WHEREAS, said "Extension of Services Plan'' provides for financing the municipal services and
maintenance•of existing services by utilizing funds allocated and expended pursuant
to the annual City budget without incurring additional banded indebtedness, and
WHEREAS, the Tri-City Planning Office has made an Annexation and Zoning Staff Report, No.
KA-04-16, on the annexation/zoning of the property dated November 1, 2004, and
WHEREAS, said real property described in Exhibit "A" is included within and conforms with the
Kalispell Growth Policy 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION L That all of the real property as is more particularly described in
Exhibit "A", attached hereto, shall be annexed to the City of Kalispell
and the boundaries of the City are altered to so provide.
SECTION It. 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.
OO' ADO 0'/'! q&
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 said
territory and its citizens and property shall be 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 III. The territory annexed by this Resolution shall be zoned pursuant to,
and in accordance with, the Kalispell Zoning Ordinance.
fiFCTIQN IV. This Resolution shall become 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 6TR DAY OF DECEMBER, 2004.
Pamela B. Ken,edy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
215 16r" Street W
Parcel A —Tract 8Y
A tract of land in the SEI/4 SEIA of Section 18, Township 28 North, Range 21 West, P. M.,M.,
Flathead County, Montana, described as follows:
Commencing at the southeast comer of said Section IS; thence
S 88°04' 5 5"W along the south boundary of the SE I A of said Section 18 a distance of 688.95 feet to
the southeast corner of a Tract of land shown and described on Deed Exhibit Book 518, page 729,
records of Flathead County, said corner being the TRUE POINT OF BEGINNING of the tract of
land herein described; thence
along the boundaries of said Deed Exhibit the following courses: S88°04'55"W 538.97 feet;
N08030'00"E 105.84 feet; N38100'00"W 69.32 feet; N001113'26"E 257.42 feet; N89°02'01"E 35.00
feet; N00°13'26"E 310.00 feet; N88°21149"E 174.99 feet; S00056'45"W 121.00 feet; N88°21'49"E
360.00 feet; S00°56'45"W 202.70 feet; N88'29'01"E 338.91 feet; S02128'07"E 20.00 feet;
S88029'01"W 340.11 feet; S00056145"W 132.45 feet; S00021'51"E 248.46 feet to the point of
beginning containing 8.229 acres more or less, being subject to and together with all appurtenant
easements of record.