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Resolution 5077 - Annexation - Northwest Investments Addition #371po I�c.4igp�I, m-r59903 2o05313111,e �2 RESOLUTION NO. 5077 k'EC Or,<-1) BAY �IM ,T, P A 3,r LR A RESOLUTION TO PROVIDE FOR THE ALTERATION of THE BOUNDARIES OF THE CITY of KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS A PART of LOT � WILLIS ADDITION LOCATED 1N SECTION 1.8, TOWNSHIP28 NORTH, RANGE 21 WEST, ,M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS NORTHWEST INVESTMENTS ADDITION No. 1 ; To ZONE SAID PROPERTY 1N ACCORDANCE WITH THE KA ISPEL ..x ZONING ORDINANCE,,AND 1 CIARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition ftom Northwest Investments, LP, the owners of property located on the north side of S-rnyslde Drive, near the Intersection of Denver Avenue, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Kalispell Planning; Department has made a report on Northwest Investments Annexation Request, KA-05 -15, dated October 3, 2005, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R- , Two Family Residential on approximately 0.23 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 KALISPELL AS FOLLOWS: SECTION 1. That all the real property as described above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall e known as Northwest est Investments Addition No. 371. SECTION 11. 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. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whi hev r shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all dents, 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. 0-1 // I;vb 2005313 LP SECTION 111. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately neon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS TTH DAY OF NOVEMAE9r2,005. Pamela B. Kenned Mayor ATTEST: Theresa White City Clerk EXHIBIT EB IE s NoR HWESER.N INVESTMENTS, LP ANNEXATION ON MTV ZoNINGt KA- 5- 5 LEGAL DESCRIPTION A sip of land, situated, lying and being in the southeast qua.rteof the southwest quarter of Section 18, Tovmship 28 North, Range 21 West, . M. M Flathead. Count, Mona, and more particularly described as follows to merit: Commencing at the southwest corer of the Southeast Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21 West ,M.M* 51 Flathead County, Montana which is on the southerly of a 40 foot County Road know as Sun ys Drive; Thence along said W N8 ' .' .8" E 37811 feet, Thence leaving said R W No ° ' 2" W 40.00 feet to a found iron pin o the northerly W of said road; Thence along said northerly RW N88" 1' 1" 8.00 feet to a found iron m and THE TRUE POINT OF BEGINNING OF THE STRIP OF LAND HEREIN DESCRIBED: Thence continuing along sail R W N *2 7' 18"El 10.50feet to a found it on pin; Thence S7 °2 ' 2 E 155.13 feet to the approximate thread of Ashley Creek; Thence along said, thread the foRowing two 2courses: S 6' ' " W 3.37 feet S 9 2 ' 2 " W 17.28 feet; Thence leaving said thread S 8° 1 217.63 feet to the point of begmig and containing 0.227 acres- Subject and, together With all appurtenant as ments of record, Also described as Road. Abandonment #43.