Ordinance 869 - Annexation - Gillman454
y"
ORDINANCE NO. 869
AN 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 GILMAN ADDITION NO. 67.
WITNESSETH:
WHEREAS, by petition of Martin E. Gilman and Laurie Anne
Gilman, 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 October 15, 1976
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 January 17, 1977 adopt Resolution No.3102 to consider the
annexation of said realty, to be known as Gilman Addition No. 67;
and pursuant thereto, the City Council did set a public hearina
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 March 6, 1977; and
at such public hearing theCity 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, said City Council did weigh the following
criteria therefor: a) the basis of the need for the subdivision;
b) expressed public opinion; c) effects on agriculture; d) effects
on local services; e) effects on taxation; f) effects on the
natural environment; a) 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 Gilman Addition No. 67
would be unsuitable, uneconomical and difficult to develop or
maintain or is otherwise suitable 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 in the sum of 16.6
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
455
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
.Kalispell and the boundary of the City is altered to so provide; and
2. If, within twenty (20) days of the 6th day of March, 1977,
said date being the date of the public hearing held by the Citv
Council on the Petition to Annex and as a result of Resolution No.
102 , there was 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 Citv, a
copy of the record of these proceedings as are entered on the
minutes of the City, and forthwith file said documents 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 req_u-
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. All of aid realty
Residence Dist under th
PASSED,1K THE CITY COUNCIV OF 1THE
HA
r
THE OR THI 21 ST D
.IV OF
I, George Beardslee,'City Clerk �f the
certify that on the 24th day March,
foregoing ordinance in my o ice, and
posted for a period of fi3re days there
record is a true copy o the ordinance
d to the City shall be a No. 1
1 Zoning Ordinance.
OF KALISPELL AND APPROVED BY
1977.
a1aNN,
City of Kalisp 11, do her by
197 , I poste a copy of the
Ifserpassed
the same e�ain�ocegoing
and th the
by/the Coil.
1 Witness my hand t 1st o 1
`456 -
EXHIBIT"A" Ordinance 869
IL
- - ----
1
A parcel of land in Lot One (1), Section One (1), Township Twenty-eight
(28) North, Range Twenty-two (22) West, Principal Meridian.,, Montana
described as follows:
Beginning at the boundary common to Sections One (1) of thetabove named
Towship and Section Six (6) of Township Twenty-eight (28) North,
Range Twenty-one (21) West, Principal Meridian, Montana, said being
a common corner of Lots One (1) and Thirteen (13) of Park View Ter.,.;
as recorded in Flathead.Countg; thence
• South 1039100" West along the aforesaid Range line 34.20 feet to a 5/8 x
aluminum capped rebar stamped 2343S, which narks the Northeast corner
of the O'Neil Additions as recorded in Flathead County; thence
North 67022112" west 164.73'feet along the North boundary of the aforesaid
O'Neil Addition to a 5/8 inch found rebar which marks the int+s ct" r_
of the North boundary of the O'Neil Addition and the West boon,;,-,:.-x
of U.S. Highway No. 93; thence
North 0017105" East along said highway boundary 211.83 feet to a 5/8` x _"
aluminum capped rebar stamped 2343S; thence
South 89053'03" East 158.91 feet to a 5/8" x 24" aluminum capped rebar
stamped 2343S on the aforementioned Range line; thence
South 103910011.west along said Range line 275 feet to the point of beginning
I I
as
I I
I I
458
1
1
1