07. Resolution 5326 - Annexation - Gardner Investments LLCReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5326
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS TRACTS 1, 1F, 6,61 AND LOTS 1 AND 2 OF THE
MERGENTHALER SUBDIVISION LOCATED IN SECTION 28, TOWNSHIP 28 NORTH,
RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA; AND TRACT 7C AND
LOTS 4 AND 5 OF THE LOST CREEK SUBDIVISION LOCATED IN SECTION 33,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND
INCORPORATED HEREIN BY THIS REFERENCE, TO BE KNOWN AS GARDNER
INVESTMENTS ADDITION NO.405; 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 Gardner Investments, LLC, the
owners of properties located on the east side of Highway 93 south between the
intersection of Highway 93 and Lower Valley Road and Highway 93 and Snowline
Lane, 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-08-05, dated September 30, 2008, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City B-5, Industrial/Commercial, with a PUD placeholder on
approximately 81.59 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 Gardner Investments Addition No. 405.
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 17TH DAY OF NOVEMBER, 2008.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk