Loading...
Ordinance 861 - Annexation - SlamaBOOR S11 PACE 83 AN ORDINANCE TO PR( CITY OF KALISPELL ] REALTY TO BE KNOWN WITNESSETH: WHEREAS, by pe of more than 51% of boundary of the Cit of Kalispell, was, a Resolution of Int the City of Kalispe in Exhibit "A" atta part hereof; and WHEREAS, the C June 21, 1976 adopt of said realty; to suant thereto, the on said petition, a was given by the Ci NO. 861 DE FOR -THE ALTERATION OF THE BOUNDARY OF THE INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN "SLAIdA ADDITION NO. 19". ition of Richard W. Slama, a resident freeholder the certain real property situated outside the of Kalispell, but contiguous thereto, the City n June 21 , 197 6 , requested to adopt ntion to consider annexation of said realtv to 1; said realty being more particularly described hed hereto, which,.by this reference, is made a ty Council in response to said petition did, on Resolution No. 3058 to consider the annexation e known as "Slama Addition No. 19"; and, pur- ity Council did set a public hearing to be held d due and proper notice of said public hearing y Clerk; and WHEREAS, said 'public hearing was duly held by the City Council pursuant to said notice at its regular meeting on August 4, 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, 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 Slama Addition No. 19 would be unsuitable, uneconomical and difficult to develop or maintain or is otherwise unsuitable forpark 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 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. i 439 - A - BOOK 611 PAGE 85 EXHIBIT "A" 77 A tract of land situated, lying and being in Government Lot Two (2) of Section Seven (7), Township Twenty-eight (28) North, Range Twenty-one (21) "West, P.M.M., Flathead County, Montana, and more particularly described as follows to -wit: Commencing at the S17 corner of Lot 3 of Block 3 of Cameron's Addition to Kalispell, Montana; thence S 00 04' 00" 17., a distance of 25.00 feet to a point which represents the NE corner of Gov't. Lot 2 and the center of Colorado Street, said point being the true point of beginning of the tract of land being described; thence S 00 04' 00" W., and"along the westerly boundary line of Cameron's Addition, a distance of 582.95 feet to a iron pin on the northerly R/W of a 50 foot deeded County Road; -.thence S 890 52' 45" W., and along said road R/W, 224.10 feet to an iron pin; thence 17 00 04' 00" E., a distance of 582.95 feet to an iron pin on the extension of the center of Colorado Street; thence N 890 52' 45" E., a dis- tance of 224.10 feet to the place of beginning and containing 2,99 acres of land, more or less. STATE OF MONTANA, 1 County of Flathead Jr ss 'Filed for record at the request of --____-__-- _- _ - _ f�- - this as day of----- 19_2' at o clock ! . M 'PAGE --- 3__________--__ Records of Flathead County, State of Montana. Fee'1zJ--- ------ --- — in VOL.1 � 4_1/ qJ� - Flathead County Clerk and 'RECEPTION NO. T ` __-_- —7;4, I ---) _ _r J TO F�-6-#-/ --- 0 BOOK 611 PACE 84 NOW THEREFORE, BE IT ORDAINED THAT! 1. The real property as is nore particularly described in Exhibit "A" attached hereto, shall be annexed to the Citv of Kalispell and the boundary of the City is altered to so provide; and 2. If, within twenty (20) days of the 4th day of August, 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. 3058 , there are not received by the City 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 pro- ceedings as are entered on the minutes of the City, and forthwith file said document with the Flathead County 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 part of the City of Kalispell and said territory and its citizens and property shall be subject to all debts, laws, ordinances and regu- lations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. 4. A1.1 of said realty so.annexed to the Citv shall be a No. 1 Residence District under the Kalispell Zoning Ordinance. PASSED BY BY THE MA: to f • GeOr �B < TY COUNCIL Th-N CITY OF KALISPELL AND APPROVED S 4_ Y OF AUGUST ,1976. Norma E. Happ,'Mayor yo Z itv Clerk I, George Beardslee, City Cl of certify this to be a true opy of 0 by the City Council an approved i� 4th day of.August 197 c finCity of K spell ance #8 passe the Mayo the r slee, City Clerk..