Resolution 5623 - Excluding Certain Territory from City - Sherry WellsN
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Fees: .0awKalispell City Clerk Paula Robinson, Flathead Countv MT bv NW 6/18/2013 $214:35
PO Box 1997
Kalispell, MT 59903
A RESOLUTION EXCLUDING CERTAIN TERRITORY FROM THE CITY OF
KALISPELL, UNDER THE PROVISIONS OF TITLE 7. PART 48, M.C..A. (EXCLUSION
OF LAND), COMPRISING A TRACT OF LAND MORE PARTICULARLY DESCRIBED
AS PARCEL B OF LOT 14A OF THE AMENDED SUBDIVISION PLAT OF A PORTION
OF LOT 14, BLOCK 2, DAY9S ACRES, AND SETTING AN EFFECTIVE DATE.
11'VHEREAS, in 1996, the City of Kalispell exchanged a small tract of land it owned for a similar
adjacent piece of property owned by a private citizen, thereby transferring to the
private citizen a small parcel of property annexed into the city; and
WHEREAS, Sherry Wells, the current owner of the previously traded annexed property, has
petitioned the City of Kalispell under the provisions of Title 7, Part 48 of the
Montana Code Annotated (Exclusion of Land) to exclude the annexed tradeit
property from the city for the reason that the property receives no practical benefit
from its inclusion; and
the City Council of the City of Kalispell finds that the petition to exclude the property
was signed by a qualified elector, that the territory is within and on the border of the
corporate limits, and the granting of the petition is in the best interest of the City of
Kalispell and its inhabitants and will not materially impair the symmetry of the City
of Kalispell; and
WHEREAS, the City Council of the City of Kalispell, on May 20,2013, passed Resolution 5620, a
Resolution of Intention to Exclude Certain Territory from the City of Kalispell and
setting a public hearing for June 17, 2013; and
WHEREAS, on June 17, 2013, the City Council of the City of Kalispell held a public hearing after
due and proper notice, and received no protests on the request to exclude that certain
property; and
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WHEREAS, at the conclusion of said public hearimy, and after consideration of the proposet
exclusion, the City Council of the City of Kalispell finds that it is in the best interest
of the City to exclude that territory more particularly described as Parcel B of Lot
14A of the Amended Subdivision Plat of a Portion of Lot 14, Block 2, Day's Acres.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That the certain territory described as Parcel B of Lot 14A of A
Amended Subdivision Plat of a Portion of Lot 149 Block 2. Day'
Acres is hereby excluded from the corporate limits of the City and th
boundaries of the City are so altered so as to exclude the same. I
SECTION 2. This resolution shall become effective thirty (30) days after th
passage by the City Council. I
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 17TH DAY OF JUNE, 2013.
Tamn-ii Fisher
Mayor
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Theresa White
City Clerk