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07. Resolution 5167 - Annexation - Owl CorporationTheresa White Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION No. 5167 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS THE NORTH HALF OF ASSESSOR'S TRACT 5, LOCATED IN SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, To BE KNOWN AS OWL ADDITION NO. 386; 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 Owl Corporation, the owner of property located approximately 2,000 feet north of the intersection of Stillwater Road and West Reserve Drive, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Kalispell Planning Department has made a report on Owl Corporation's Annexation Request, #KA-06-12, dated October 31, 2006, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-3, Urban Single Family Residential, on approximately 5 S. S 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 RESOLVER BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS SECTION L 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 Owl Addition No. 386. 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 SITED BY THE MAYOR of THE CITY of KALISPELL, THIS 4TH DAY of DECEMBER, 2006. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor