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3. Resolution 5333 - Annexation - New Vistas Assisted Living LLCReturn to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ! ; 1 1 1 i. ,. , 1 /:�►i�i��;17f 1 WHEREAS, the City of Kalispell has received a petition from New Vistas Assisted Living LLC, the owner of property located on the south side of Three Mile Drive,100 feet west of the intersection with Three Mile Drive and North Riding 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-08-07, dated December 2, 2008, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City RA-1, Low Density Residential Apartment, on approximately 10.2 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 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 New Vistas Addition No. 406. 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. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF JANUARY, 2009. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor EXHIBIT A LEGAL DESCRIPTION NEW VISTAS ASSISTED LIVING, LLC That portion of the Northeast 1/4 of the Northwest 1/4, Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Beginning at the Southwest corner of Tract 2 as shown on Certificate of Survey No. 8725 records of Flathead County, Montana, said point being on the South line of the Northeast 1/4 of the Northwest 1/4 of Section 12; Thence along said South line, North 89°54'02" West 454.15 feet to the Easterly right of way of Kalispell By -Pass; Thence along said Easterly right of way through the following four courses: North 09° 10'48" East 765.25 feet, North 12°36'33" East 292.55 feet, North 01 °39'13" East 153.37 feet and North 75°36'01" East 213.35 feet to the Southerly right of way of Three Mile Drive; Thence along said Southerly right of way through the following three (3) courses: North 89°43'17" East 72.83 feet, South 00025'44" East 10.00 feet and North 89°34'18" East 3.71 feet to the Northwest corner of the above said Tract 2 as shown on Certificate of Survey No. 8725; Thence along the West line of said Tract 2, South 00°54'06" West 1238.63 feet to the Point of Beginning containing 10.20 acres of land. Subject to and together with easements of record.