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Resolution 5064 - FAILED - Annexation - Autumn Creek Subdivision - Hershberger Addition #36910/03/05 Failed on a 7-2 vote RESOLUTION NO. 5064 A. RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES of THE CITY of KALISPE LL BY INCLUDING THERE IN AS AN ANNEXATION CERTAIN REAL . PROPERTY., MORE PARTICULARLY DESCRIBED AS ASSESSORS TRACTS .AAA 6DI AND 6AB LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, ,M*M,, FLATHEAD COUNTY, M N ANA, TO BE KNOWN AS HERSH ERGER ADDITION Not 3 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 Ue and Linda L ersh erger, the owners of property located north of Highway 2 West, on the east side of Hathaway Lane, requesting esting that the City of Kalispell annex the territory into the City, and WHEREAS, the Kalispell Planning Department has made a report on the Hershberger7s Annexation Request, KA.-o - A (Amended), dated September 7, 2005, and WHEREAS, the Kalispell City Planning Board and Zoning Commission io recommended that the territory be zoned City R-2, Suburban Residential. on approximately 8.69 acres upon annexation into the City of Kalispell, 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 KAL..1 S PFL ..., . S FO 1. J fOW SECTION 1. That all the read property as described above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as L ers.h erger Addition No. 369. SE C ' oN 11. Upon the effcctivc datc of this Resolution., the City Glen is dircctcd 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 rile said documents with the Flathead County Clerk and Recorder. 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 1s 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'111. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning ordinance. SECTION IV. This Resnintion &hall be effectiveimmediately upon the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPEL , THIS 3RD DAY OF OCTOBER, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk