3. Resolution 5335 - Annexation - Siderius Family Limited PartnershipReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5335
1. 0 DO NJ • W.1111t] 011 N so 1011.110 1 D101 11 DO 1► i] N 9111 ME, RIM I I N OLVA H 10 104 0M Vill
COUNTY,i MORE PARTICULARLY ON
ATTACHED HERETO AND INCORPORATED' BY THIS REFERENCE,TO BE
ACCORDANCEKNOWN AS SIDERIUS ADDITION NO. 407; TO ZONE SAID PROPERTY IN
•ELL ZONING ORDINANCE,i DECLARE
DATE.AN EFFECTIVE
WHEREAS, the City of Kalispell has received a petition from the Siderius Family Limited
Partnership, Josephine R. Siderius Living Trust, Jo Lynn Yenne, Patricia A. Sanders,
Raymond E. Siderius, and Linda L. Siderius, the owners of properties located on the
west side of Highway 93 South between Cemetery Road and Ashley Meadows Road,
requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-08-03, dated January 6, 2009, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City B-2, General Business, with a PUD placeholder, and RA-1,
Low Density Residential Apartment, with a PUD placeholder, on approximately 207
acres of land upon annexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said properties 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 above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and shall be
known as Siderius Addition No. 407.
SECTION II. 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, 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 immediately upon passage by the City
Council.
Lei I mej wmn� • • 11•
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
EXHIBIT "A"
Siderius Commons Annexation Parcel Descriptions
A tract of land situated, lying and being in the south half of the northeast and in the southeast quarter
of Section 29, and in the north half of the northeast quarter of Section 32, all in Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows:
Tract 1 of Correction Certificate of Survey No. 17744:
Beginning at the southwest corner of the SE1/4 of Section 29, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana, which is a found aluminum monument; Thence N00° 19' 14"W
332.53 feet to a found iron pin on the southwesterly right-of-way of the old Burlington Northern
Railroad; Thence S41 °46'31 "E along said right-of-way 2221.73 feet to a found iron pin on the south
boundary of the NE1/4NE1/4 of Section 32, Township 28 North, Range 21 West, P.M.M.; Thence
N89043'36"W 162.55 feet to a found iron pin being the southeast corner of the NW 1/4NE1/4 of said
Section 32; Thence N89°48'24"W 1313.07 feet to a found iron pin being the southwest corner of said
NW 1/4NE1/4; Thence N00°06'58"W 1319.16 feet to the point of beginning, containing 27.954 acres
more or less.
•
Commencing at the southwest corner of the SE1/4 of Section 29, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana, which is a found aluminum monument; Thence
N00° 19' 14"W 332.53 feet to a found iron pin on the southwesterly right -of way of the old Burlington
Northern Railroad; Thence N00°20' 14"W 150.97 feet to a found iron pin on the northeasterly right-
of-way of the old Burlington Northern Railroad and the TRUE POINT OF BEGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED: Thence N00° 18' 19 "W 2160.10 feet to a found iron pin
being the southwest corner of the SW 1/4NE1/4 of said Section 29; Thence S89°44'40"E 1352.40 feet
to a found fence post; Thence N00°21'14"W 1288.17 feet to a found iron pin on the south right-of-
way of a 60 foot declared county road known as Cemetery Road; Thence N89°42'07"W along said
right-of-way 1351.96 feet to a found iron pin on the west boundary of said SW1/4NE1/4; Thence
N00020'01 "W 30.00 feet to a found iron pin being the northwest corner of said SW 1/4NE1/4;
Thence S89°4223"E along the north boundary of the SU2NE1/4 of said Section 29 a distance of
2057.73 feet to a found iron pin; Thence S00°01'31 "E 3447.47 feet to a found iron pin; Thence
N89045'40"W 699.89 feet to a found iron pin; Thence S00° 12'49"E 409.27 feet to a found iron pin;
Thence S89052'28"W 20.00 feet to a set iron pin; Thence S00°12'58"E 104.05 feet to a found iron
pin being the northeast corner of the NW1/4NE1/4 of Section 32, Township 28 North, Range 21
West, P.M.M.; Thence S00°09' 17"W 987.57 feet to a found iron pin on the northeasterly right-of-
way of the old Burlington Northern Railroad; Thence N41 °46'41 "W along said right-of-way 1980.36
feet to the point of beginning, containing 145.610 acres more or less; for a grand total of 173.564
acres more or less.
Together with:
A tract of land in the SE1/4SE1/4 of Section 29, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, described as follows:
Parcel A of Certificate of Survey No. 8369:
Commencing at the southeast corner of said SEl/4SE1/4 of Section 29; Thence N89°44'36"W along
the south boundary of said SE1/4SE 1/4 a distance of 77.55 feet to the west right-of-way boundary of
U.S. Highway 93; Thence N00°00'56"W along said right-of-way 104.00 feet to the northeast corner
of Parcel 2 as shown and described on Certificate of Survey No. 5066 of records of Flathead County,
Montana, said corner being the TRUE POINT OF BEGINNING OF THE TRACT OF LAND
HEREIN DESCRIBED; Thence N89°44'36"W along the north boundary of said Parcel 2 and its
extension thereof 1222.27 feet; Thence N00° 12'40"W 409.55 feet; Thence S89°44'36"E 823.67 feet;
Thence S00°00'56"E 209.54 feet to the northwest corner of Tract 1 as shown and described on
Certificate of Survey No. 6048 of records of Flathead County, Montana; Thence S89°44'36"E along
the north boundary of said Tract 1 a distance of 400 feet to said west right-of-way of U.S. Highway
93; Thence S00°00'56"E along said right-of-way 200 feet to the point of beginning, containing 9.574
acres more or less.
Together with
Lots 3,4 and 5 of ASHLEY BUSINESS PARK AMD L3&5 & AMD L4 AMD located in the
E1/2 of the NE1/4 of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.