Resolution 5625 - Annexation - Orchard Village Addition #419Return to:
Kalispell City Clerk
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Kalispell, MT 59903 Fesa21.00Paula Robinson, Flathead County MT by NW 6/5/2013 00 PM
RESOLUTION NO. 5625
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 TRACT 16A IN THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22
WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS ORCHARD
VILLAGE ADDITION NO. 419; 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 Orchard Village, LLP, the owner of
property located on the south side of Appleway Drive adjacent to and on the west
side of the Appleway Apartment complex, 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- 13 -0 1, dated May 3, 2013; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City B-2, General Business, on approximately .50 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 1. That all the real property described as Tract 16A in the Northwest Quarter of
the Northeast Quarter of Section 13, Township 28 North, Range 22 West,
P.M.M, Flathead County, Montana, be annexed to the City of Kalispell and
the boundary of the City is altered to so provide, and shall be known as
Orchard Village Addition No. 419.
SECTION 2. 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 3. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell Zoning Ordinance.
SECTION 4. 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 3 RD DAY OF DUNE, 2013. ,{ .
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Tammi Fisher
Mayor
ATTEST:
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Theresa White .AZIA
City Clerk° ��•'
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EXHIBIT'A'
That portion of the Northwest Quarter of the Northeast Quarter (NVt %NE%) of Section
13,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana and more
particularly described as follows:
A strip of land 68 feet in width along the East side of the NWY4NEY4 bounded on the
North by the South line of the county road, and on the South by the North line of the
Great Northern Railway right-of-way, and more particularly described as follows:
Beginning at a point 30 feet South of the NE corner of the said NV1 Y4NEI/4; thence along
the East line thereof
South a distance of 320 feet t the North line of the Great Northern Railway right-of-way;
thence along the North line of said right-of-way
Southwesterly a distance of 70.83 feet to a point; thence
North and parallel with and distant 68 feet West of the East line of the tract herein
described a distance of 336.12 feet to the South line of the county road; thence along
the South line thereof
East a distance of 68 feet to the Point of Beginning.
STATE OF MONTANA, COUNTY OF FLATHEAD
Recorded at the r� quest of this day,..of" , 20053
at o'clock and dui recorded in the records of Flathead County, unty, Montana.
Document No.
County Clerk and Recorder
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