Ordinance 858 - Annexation - HolloAN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARY OF THE
CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN
REALTY TO -BE KNOWN AS HOLLO ADDITION, NO. 62.
WITNESSETH:
WHEREAS, by petition of Holgrim G. Hollo and Diane E. Hollo,
resident freeholders of more than 51% of the certain real property
situated outside the boundary of the City of Kalispell, but con-
tiguous thereto, the City of Kalispell was, on December 8, 1975,
requested to adopt a Resolution of Intention to consider annexa-
tion of said realty to the City of Kalispell; said realty being
more particularly described in Exhibit "A" attached hereto; which,
by this reference, is made a part hereof; and
WHEREAS, the City Council in response to said petition did, on
February 16, 1976 adopt Resolution No. 3043 to consider the annexa-
tion of said realty, to be known as Hollo Addition No. 62: and,
pursuant thereto, the City Council did set a public hearing to be
held on said petition, and due and proper notice of said public
hearing was given by the City Clerk; and
WHEREAS, said public hearing was duly held by the City Council
pursuant to said notice at its regular meeting on May 3, 1976; and,
at such public hearing the City Council, after consideration of the
report made and filed as required by Section 11-518, R.C.M., 1947,
as amended, and hearing all evidence presented on said petition,
did find that all standards for annexation, set out in Section 11-
519, R.C.M., 1947, as amended, were met and duly considered; and
WHEREAS, at said public hearing the City Council did further
find in relation to said premises as a subdivision of the City of
Kalispell, that same is a development in the public interest and;
in reaching such finding, the said City Council did weigh the
following criteria therefore: (a) the basis of the need .for the
subdivision; (b) expressed public opinion; (c) effects on agricul-
ture; (d) effects on local services; (e) effects on taxation;
(f) effects on the natural environment; (g) effects on wildlife
and wildlife habitat, and (h) effects on the public health and
safety; and
WHEREAS, pursuant to Section 11-3864, R.C.M., 1947, as amended,
and because of the size, topography, shape and location of said
premises, the City Council did find that inasmuch as dedication
of park land within said platted area of Hollo Addition No. 62
would be unsuitable, uneconomical and difficult to develop or
maintain or is otherwise unsuitable for park and playground
purposes, the City Council did order that dedication of land in
said area for park purposes be waived and in lieu thereof the
City will accept a cash donation from said petitioners; and
WHEREAS, the City does intend to provide all services to said
realty being annexed as are set forth in the report made to and
filed with the City Clerk as required by Section 11-518, R.C.M.,
1947, as amended; and
WHEREAS, the effective date of said annexation should be the
date that the City Clerk does, pursuant to order of the Council,
file with the Flathead County Clerk and Recorder, a copy of the
record as entered on the minutes of the Council of these
proceedings; and
Boon 598 FAcE.757
WHEREAS, said premises to be annexed to the City does adjoin
and abut a portion of the City classified as a No. 1 Residence
District under the Kalispell City Zoning ordinance, and no reason
has been shown pursuant to said zoning ordinance that said property
to be -annexed should take any other or lesser classification.
NOW THEREFORE, BE IT ORDAINED THAT:
1. The real property as is more particularly described in
Exhibit "A" attached hereto, shall be annexed to the City of Kalis-
pell and the boundary of the City is altered to so provide; and
2. If, within twenty (20) days of the 3rd day of May, 1976,
said date being the date of the public hearing held by the City
Council on the Petition to Annex and as a result of Resolution No.
3043, there are not received by the Citv Clerk expressions of
disapproval of this annexation made in writing by a majority of
the resident freeholders of said area to be annexed, the City Clerk
is directed to then 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, and forthwith file said document with the
Flathead Countv Clerk and Recorder; and
3. From and after the date of said filing of said document as
prepared by the City Clerk, said annexed territory is a past o£ the
City of Kalispell and said territory and its citizens and property
shall be subject to all debts, laws, 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 Citv.
4. A17�10'f)said realty so anne d to the Cit7l shall be a No. 1
Residence, -Dist ict under tkl� Kalisp 11 Zoning Ordinance.
i
PASSF15 BY THE/CITY COUNgl OF THE CITY OF KALISPELL AND APPROVED BY
THR,1 T4AYOR TIIS 17th DAY1 OF MAY, � 976.
Norna E. I:apn, _:. for
ST:
brde. Bea ds. ee, Ci _ Clerlc
a®�
r.
I, Geo ga ardslee Pity Clerk of t� of Kalispell, on na, do certify that on
the iJ sy of i / O , 19"" E-, Iosted a copy of t foregoing ordinance
In my office, and the sal remained posted fo a period five ays, and the foregoing
is a true and correct copy of the ordinance a passed by the Cit Council.
C k o of Kalispell, Montana
414 _
t portion of the Southwest 1/4 Southeast 1/4, Section 1, Township 28 North
ge 22 West, Flathead County, Montana,
inning at the Southeasterly corner of Lot 11, Block 9, Sunset Addition
No. 4; thence
th 01a47146" West on and along the westerly line of Sunset Addition a
distance of 100.0 feet; thence
th 89°34'41" West on and along the southerly line of said Tract l a dis-
tance of 109.25 feet to a point on the Easterly right-of-way line of
Garland Street; thence
th_ 01a47'42" East on and along said easterly.right-of-way line a distance
of 100.0 feet to the southwesterly corner of said Lot 11, thence
th 89134'41" East a distance of 109.25 feet to the point of beginning.
--above described.tracf of land'is to'be known and designated as HOLLO'
ITION.
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