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4. Resolution 5282 - Annexation - Wayne GrilleyReturn to: Theresa White Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5282 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF IALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY DESCRIBED AS TRACTS 5A.A. AND 5G LOCATED IN SECTION 28, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTA.NA , AND FURTHER DESCRIBED ON EXHIBIT "A", TO BE KNOWN AS GRILLEY ADDITION NO. 402; 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 Wayne Grilley, the owner of property located on the east side of Willow Glen Drive just north of the intersection With US Highway 93 South, 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-08-01, dated April 1, 2008, and WHEREAS, the Kalispell City Planning Board and zoning Commission recommended that the territory be zoned City B-2, General Business, on approximately 1 acre 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 Grilley Addition No. 402. 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 KALIS PELL, THIS l 9TH DAY OF MAY, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa white City Clerk Exhibit "A" Wayne Grilley Annexation & Initial Zoning Legal Description A tract, piece or parcel of land situated, lying and being in the northwest quarter of the northwest quarter (NW 114NW 114) of Section 28, Township 28 North, Range 21 'Nest, P.M.M., Flathead County, Montana, and more particularly described as follows, to -wit: Commencing at the northwest corner of the Nw 114Nw 114 of Section 28: thence south 0°07 east, and along the westerly boundary line of the NW 114Nw 1 I4, 323.0 feet to a point; thence north 89°53' east, and at right angles to the last described point, 30 feet to a point on the easterly boundary line of a county road and the true point of beginning of the tract of land being described; thence north 89°53' east 200 feet to a point; thence south 0°07' east, and parallel to the westerly boundary line of the NW 1 14Nw 114, 212.0 feet to a point; thence south 89°53' west, and parallel to the north line of the property being described, 200.0 feet to a point on the easterly boundary line of said county road; thence north 0'07' west, and along the easterly boundary line of said county road, 212.0 feet to the point of beginning. SUBJECT TO Covenants, Conditions, Restrictions, Provisions, Easements and encumbrances apparent or of record.