3. Resolution 5333 - Annexation - New Vistas Assisted Living LLCReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
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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.