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Ordinance 875 - Annexation - Hallrecorded-book621 page771 772 773 ORDINANCE NO. 875 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 "HALL ADDITION NO. 82". WITNESSETH: WHEREAS, by petition of Kenneth E. Hall and Doris J. Hall, resident freeholders of more than 51% of the certain real property situated outside the boundary of the City of Kalispell, but contigu- ous thereto, the City of Kalispell, was, by petition, 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 May 2, 1977 adopt said realty to be thereto, the City said petition, an was given by the i City Council in response to said petition did, on Resolution No. 3111 to consider the annexation of known as "Hall Addition No. 82"; and, pursuant Council did set a public hearing to be held on 3 due and proper notice of said public hearing �ity Clerk; and , WHEREAS, said request for annexation also requested said premises be given two classifications, Lots 3, 4 and 5 as a No. 3 Residential District and Lots 1 and 2 as a No. 5 Business -Residence District under the Kalispell Zoning Ordinance of the City of Kalis- pell, and, according to the provisions of the Kalispell Zoning Ordinance (Section 7, Zoning Ordinance, as amended) such classifica- ' tion cannot be given without due notice and public hearing on said classification request. The City Council did give proper notice that the requested zoning classification would be heard and con- sidered 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 June 6, 1977; and at such public hearing, the City Council, after consideration of the report made and filed as required by Section 1.1-518, 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, 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. 3 Residence District on Lots 3, 4 and 5 and a No. 5 Business -Residence District on Lots 1 and 2 classifications; 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 Hall Addition No. 82 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 MEMMEFEM IV-01 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. NOW THEREFORE, BE IT ORDAINED THAT: 1. The real property as is more particularly described in I 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 days of the 6th day of June, 1977, 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. 3111 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 Kalippell and said territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City of Kalisepll 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 City shall be as follows: Lots 3, 4 and 5 as a No. 3 Residence District and Lots: 1 and 2 as a No. 5 Business-R ence District under the Kalisocl) Zoning ordi e. PASWBY T ' CITY COU CIL OF TH CITY OF KALISPELL AND APPROVED BY/'THE THE NL,:t THIS 9rif DAY OF July 1.97 1. Norma E. Happ, Mayor , I, George iieardslee, City Clerk of the 2 of Ka spe. tl':e 27th day of Juhv 19 77 , 1 posted a c iaa my office., and the Sams remained posted for a period is a true and .correct copy of the ordinan, as passed o ntana, do certify that on f the foregoin,, ordlnznce f ve clays, and tha oregoing he .ity CounciV.. �� 'J�'. e-= Kalispell, Montana "EXHIBIT A" Ordinance #875 HALL Legal Description for Annexation Those portions of Lots 6 and 7, Section 6, Township 28 North, Range 21 West, Flathead County, Montana described as follows: Commencing at the Southwest corner of Section 6; thence along the West line of Section 6 North 30 02100" East 443. 89 feet; thence South 85° 33102" East 29. 99 feet to a point in the Easterly line of Meridian Road, at the Point of Beginning; thence continuing South 85° 33t02" East 482. 50 feet - to a point on the Westerly line of Lot 1, Block A, Northridge Heights Section 1; thence along the Westerly line North 15a 30'17" West 1517.15 feet to the Easterly line of Meridian Road; thence along the Easterly line South 3° 02100" West 1427. 00 feet to the Point of Beginning.