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2. Resolution 5289 - Annexation - Tom TonkinsonReturn to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5289 A RESOLUTION TO PROVIDE FOR. THE A.LTERA.TION OF THE BOUNDARIES OF THE CITY OF KAL.ISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY DESCRIBED AS TRACT 7ARRR LOCATED IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA , AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO BE KNOWN AS 'T"ONKI.NSON ADDITION NO. 404; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Tom Tonkinson, the owner of property located on the west side of Meridian Road between 5th and 6th Streets West, 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--08-04, dated July 8, 2008, and WHEREAS, the Kalispell City Planning Board and zoning Conunission recommended that the territory be zoned City R-4, Two Family Residential, on approximately one-half acre of land 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 KALIS PELL 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 Tonkinson Addition No. 404. 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 shah 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 4TH DAY OF AUGUST 2008. ATTEST: Theresa white City Clerk Pamela B . Kennedy Mayor Exhibit "A" A tract of land situated, lying and being in the SE 114 of the NE 1I4 of Section 13, Township 28 North, Range 22 west, P.N1.P., Flathead County, Montana, more particularly described as follows: Commencing at the East 1l4 corner of Section 13, which is a found rebar; thence N 26° 10' 35" west a distance of 64.14' to a 518" rebar; thence N 01 °39' 39" East a distance of 97.75' to a 518" rebar and the True Point of Beginning of the tract of land being described; thence N 01 °39'40" East a distance of 74.50' to a 314" pipe; thence N 88°35'49" ,'Lest a distance of 256.50' to a 518" rebar; thence S 02°36' 59" a distance of 82.74' to a 518" rebar; thence S 89' 18' 10" East a distance of 47.00' to a 518" rebar; thence N 89' 18' 11" East a distance of 203.50' to the Point of Beginning; containing 0.46 acres more or less. Subject to all easements on shown and of record.