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06. Resolution 4403 - Buffalo Stage Phase III AnnexationRESOLUTION NO. 4403 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT A, TO BE KNOWN AS BUFFALO STAGE PHASE III; TO ZONE SAID PROPERTY LOW DENSITY RESIDENTIAL APARTMENT, RA-1, AND RESIDENTIAL/PROFESSIONAL OFFICE, R-5; TO AMEND THE CITY ZONING MAP ACCORDINGLY; AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Buffalo Chip Partners, the owners of property located west of Whitefish Stage Road 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 with Low Density Residential Apartment, RA-1, and Residential/Professional Office, R-5, zoning classifications, and WHEREAS, the Flathead Regional Development Office has made a report on Buffalo Stage Phase III, Annexation and Zoning Request, #KA-98-3, dated May 4, 1998, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell and be zoned Residential Apartment, RA-1, and Residential/Professional Office, R-5, and WHEREAS, Buffalo Stage Phase III 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 I. That all the real property as described in Exhibit A, annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Buffalo Stage Phase III. SECTION II. Upon the effective date of this Resolution, the City 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. E:\wp\res\annexation\buffstageIII.wpd - 1 - From and after the date of filing of said documents as prepared by the City 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 III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective 30 days from and after its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS DAY OF , 1998. Wm. E. Boharski, Mayor ATTEST: Theresa White Clerk of Council E:\wp\res\annexation\buffstageII I.wpd -2 EXHIBIT A BUFFALO STAGE PHASE III LEGAL DESCRIPTION DESCRIPTION OF BUFFALO STAGE PHASE III, Excepting PARR `A': A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 31 AND THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the southeast corner of LOT 75, of BUFFALO STAGE PHASE II, (records of Flathead County, Montana); Thence N00003100"W 156.77 feet to a found iron pin; Thence N3000712811E 62.57 feet to a found iron pin; Thence N0000311111E 142.03 feet to a found iron pin; Thence 57905014811E 91.42 feet to a set iron pin; Thence S8300810111E 90.64 feet to a set iron pin; Thence S8905711311E 513.90 feet to a set iron pin; Thence S5302810711E 60.00 feet to a set iron pin on a 100.00 foot radius curve, concave southeasterly (radial bearing S5302810711E); Thence southwesterly along said curve through a central angle of 3602213711 an arc length of 63.49 feet to a set iron pin; Thence S0000911611W 29.89 feet to a set iron pin; Thence N 8905615211E 137.37 feet to a set iron pin on the westerly R/W of Whitefish Stage Road; Thence along said R/W S0004114311W 245.66 feet to a found iron pin; Thence S0001613911W 207.23 feet to a found iron pin; Thence S0000310911E 17.14 feet to a found iron pin; Thence S8905615211W 330.00 feet to a found iron pin; Thence N0000310811W 270.00 feet to a found iron pin; Thence S8905615211W 556.92 feet to the point of beginning and containing 8.546 acres. Subject to and together with all appurtenant easements of record. E:\wp\res\annexation\buf£stageIll.wpd -3