Ordinance 865 - Porta Villa Subdivision #2446
ORDINANCE NO. 865
AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARY OF THE
CITY OF KALSIPELL BY INCLUDING, THEREIN, AS AN ANNEXATION, CERTAIN
REALTY TO BE KNOWN AS "PORTA VILLA SUBDIVISION NO. 2, .ADDITION NO.
65
WITNESSETH:
WHEREAS, by petition of James L. Scharen, et al, resident
freeholders of more than 51% of the certain real property situated
outside the boundary of the City of Kalispell, but contiguous
thereto, the City of Kalispell, was, on August 9h , 1:
requested to adopt a Resolution.of Intention to consider annexation
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 August 9, 1976, adopt Resolution No. 3072 to consider the annexa-
tion of said realty to be known as "Porta Villa Subdivision No. 2,
Addition No. 65"; 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 request for annexation also requested said
premises be given a classification of No. 2 Residence District
under the Kalispell Zoning Ordinance although said premises would
abut a No. 1 Residence District of the City of Kalispell, and,
according to the provisions of the Kalispell Zoning Ordinance '
(Sec. 7, Zoning Ordinance, as amended) such classification cannot
be given without due notice and public hearing on said classifica-
tion request. The City Council did give proper notice that the
requested zoning classification would be heard and considered at
the same time and place; and
WHEREAS, said public hearing was duly held by the City Council
pursuant to said notice at its regular meeting on October 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 con-
sidered; and, the Council did also find that it is in the best
interest of the City as a whole that said premises be annexed to
the City with a No. 2 Residence District classification; and
WHEREAS, Lot 13 of Porta Villa Subdivision No. 2, as shown
by the plat thereof, was, by the City Council accepted as part
of the park dedication requirements; that cash in lieu of land will
be accented by said City Council for the remaining .883 acre
necessary to meet the park land requirements; 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 I
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 Countv Clerk and Recorder, a copy of the
record as entered on the minutes of the Council of these proceedings.
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
Kalispell and the boundary of the City is altered to so provide;
and
2. If, within twenty (20) days of the 4th day of October,
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. 3072, 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 proceedings 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
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.
4. All of said realty so annexed to the Citv shall be a No. 2
Residence District under the Kalispell Zoning Ordinance.
PASSED B"H ''CIT
BY THE�MAYOR;-THIS
i
ATT S/�
Y COUNCIL OF THEICITY OF KALISPELL AND APPROVED
25., DAY OF OctoaAr 1976.
' Norma E. Happ, Mav��
I, George Beardslee, City Cl of the Cit oCital ontana, do certify that on
the 26th day of October , 6 I posted a c of the foregoing ordinance
in my office, and the same remained po d for a perio o five days, and a foregoing
Is a true and correct copy of the ordi as ce as passed y t e City Couy%i�
448
EXHIBIT "A"
A Tract of land located in :the Northeast Quarter of Section Twelve (12),
Township Twenty-eight (28) North, Range Twenty-two (22) West, P.M.M.,
Flathead County, Montana, being a part of the tract of land described in
Book 605, page 793, records of Flathead County, Montana, and more particularl
described as follows:
Commencing at the Southeast Corner of Hawthorn Park, Adams Addition to
Kalispell, according to the plat thereof, records of Flathead County,
Montana, which corner is indicated by a found 5/8 inch Re -Bar, and
which point lies on the West boundary of a 51.00 foot deeded right-
of-way known as Hawthorn Avenue, and which point is the true point
of beginning; thence
South , on and along the boundary of said right-of-way, a distance of 185.05
feet to a point of curvature; thence
Southeasterly, on and along the boundary of said right-of-way, on a curve
to the left (Delta=11°00'00", Radius=598.50 feet), a distance of 114.90
feet to a point of tangency; thence
South 11000'00" East, on and along the boundary of said right-of-way, a
distance of 11.20 feet to a point of curvature; thence
Southeasterly, on and along the boundary of said right-of-way, on a curve
to the right (Delta=11100100", Radius-547.50 feet), a distance of
105.11 feet to a point of tangency; thence
South, on and along the boundary of said right-of-way, a distance of 614.86
feet to a point of curvature; thence
Southwesterly, on a curve to the right (Delta=89145108", Radius=14.76 feet),
a distance of 23.13 feet to a found 5/8 inch Re -Bar, which Re -Bar
indicates a point of tangency, and which Re -Bar lies on the North
boundary of a 51.00 foot deeded right-of-way known as Yellowstone
Street; thence
South 89045'08" West, on and along the boundary of said right-of-way, a
distance of 491.23 feet to a point, which point lies on the East bound-
ary of a tract of land described in Book 526, page 915, records of
Flathead County, Montana; thence
North 00°03'37" West, on and along said East boundary of the tract describ'
in Book 526, page 915, a distance of 785.75 feet to a point, which
point lies on the South boundary of Addition No. 16, Valley View
Apartments, according to the plat thereof, .records of Flathead County,
Montana; thence
North 89028105" East, on and along said South boundary of Valley View
:apartments, a distance of 359.70 feet to a found 5/8 inch Re -Bar,
which Re -Bar indicates the Northeast One -sixteenth corner of said
Section 12, as indicated on the plat of said Valley View Apartments;
thence
North 00*09122" West, on and along the East boundary of said Valley Veiw
Apartments, a distance of 256.22 feet to a point, which point is the
Southwest Corner of said Hawthorn Park; thence
North 89°27'17 East, on and along the South boundary of said Hawthorn
Park, a distance of 115.58 feet to a point; thence
North 89043'21" East , on and along the South boundary of said Hawthorn
Park, a distance of 9.00 feet to the true point of beginning.
AND
A tract of land located in the Northeast Quarter of Section Twelve (12),
Township Twenty-eight (28) North , Range Twenty-two (22) West, P.M.M., Flat-
head County, Montana, being a part of the tract of land described in Book
605, page 793, records of Flathead'County, Montana, and more particularly
described as follows:
Commencing at the Southwest Corner of Block Five (5), Adams Addition to
Kalispell, according to the plat thereof, records of Flathead County, Mon ..i+
which corner is indicated by a found 5/8 inch Re -Bar and which point is the
underlying true point of beginning; thence
North 89036128" East, on and along the South boundary of said Block 5, a dis-
tance of 216.64 feet to a found 5/8 inch Re -Bar, which Re -Bar indicates
the Northwest corner of a tract of land described in Book 577, page '74,
records of Flathead County, Montana; thence
South 00107'05" East, on and along the West boundary of said tract described
in Book 577, page 74, a distance of 256.44 feet to a found 5/8 inch
Re -Bar, which Re -Bar indicates the Southwest corner of said tract
described in Book 577, page 74, and which Re -Bar lies on the North
boundary of a tract of land described in Book 535, page 824, records
of Flathead County, Montana; thence
449
a Q 0 K 608 ?ACE 2Z .
South 89032155" West, on and along said North boundary of the tract des-
cribed in Book 535, page 824, a distance of 73.59 feet to a found 5/8
inch Re -Bar, which Re -Bar indicates the Northwest corner of said tract
described in Book 535, page 824; thence
South 00°08'07" East, on and along the West boundary of said tract described
in Book 535, page 824, a distance of 839.15 feet to a point, which
point is the Northeast corner of Block One (1), Porta Villa Subdivision,
according to the plat thereof, records of Flathead County, Montana;
thence
south 89°33'53" West, on and along the North boundary of said Block One ' (1}, a distance of 124.23 feet to a point, which point is the Northwest
corner of said Block One (1), and which point lies on the East boundary
of a 51.00-Foot deeded right-of-way known as Hawthorn Avenue; thence
'ortheasterly, on and along the boundary of said right-of-way, on a curve
to the left (Delta=06°21'17", Radius=598.50 feet), a distance of 66.38
feet to a point of Non -Tangency; thence
'orth, on and along the boundary of said right-of-way, a distance of 614.36
feet to a point of curvature; thence
o rthwesterly, on and along the boundary of said right-of-way, on a curve.
to the left (Delta=11100'00", Radius=598.50 feet), a distance. of 114.91
feet to a point of tangency; thence
:rth 11000'00" West, on and along the boundary of said right-of-way, a
distance of 11.20 feet to a point of curvature; thence
rthwesterly, on and along the boundary of said right-of-way, on a curve
to the right (Delta=11100'00", Radius=547.50 feet), a distance of
105.12 feet to a point of tancency; thence
.)r_th, on and along the boundary of said right-of-way, a distance of 185.29
feet to the True Point of Beginning.
aTATE OF MONTANA,
County of Flathead
led for record at the i
_s 7 day of__..7
.GE
e t-----`'
Iss
of
------------------------
---- _—__ 19-V_ at , o'clock M and recorded in VOL. --//--24-_
Records of Flathead County, State of Montana.
CEPTION NO. ___t p�zi_/,�—
ETURN TO
n c�«
Flathead County Recorder
--- ------Deputy