Ordinance 876 - Annexation - Underhill_467
ORDINANCE NO. 876
pours S�8 PAGfB�`
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 "UNDERHILL SUBDIVISION NO. 2, ADDITION NO. 77".
WITNESSETH:
WHEREAS, by petition of Howard V. Doran and Irene V. Doran,
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, 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 City Council in response to said petition did,
on April 18, 1977 adopt Resolution No.3107 to consider the
annexation of said realty to be known as "Underhill Subdivision No.
2, Addition No. 77"; 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 June 6, 1177; 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, 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. 1
Residence District classification; 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 Underhill Subdivision
No. 2, Addition No. 77, would be unsuitable, uneconomical and
difficult to develop or maintain or is otherwise unsuitable for
aprk 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
468
eUGii 618 PACE823
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
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 Coundil
on the Petition to Annex and as a result of Resolution No. 313 07
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 City shall be as a
No. 1 Residence District under the Kalispell Zoning Ordinance.
PASSED Y THE ITY COUNCIL F T E CITY OF KALISPELL AND APPROVED
BY T MAYOR Is 13TH D OF/ JUNF , 1977.
/ Norma.E. Happ, Mayor
jUCVi%J D JJLCC�I.
I hereby certify the
of the original Ord!
Citg of Kalispell, M
egoing Ordinance o. 876 to be a true copy
e No, 87o passe' by tha Clt,7 ounci of the
na the 13th da of ,T12r- 1y7'",
ge bealeo, City` Clerk
_ 2 _
469
BOOK 618 PACE 824
(Ordinance No, 87i)
tract of 1—nd in t?le Noi-thl-Jest Quarter of Section Township7, Tonship
28 North, Range 21 Pest, ?•1.P.?•1_, Flathead County, t•iontana, par-
ticularly described as follows:
Beginning at the Southeast corner of Lot 6 of Block 2 of Underhill Subdivision of e•:;lich a riap or plat is on file in the office of the
Clerk and Recorder of Flathead County, ?•lontana; thence
North 0' 38'-18" West along the Easterly boundary .line of said -
Lot 6 a distance of 295.14 feet to a point; thence
North 89' 43' 50" East a distance of 264.72 feet to a point;
thence
North 89' 26' 40" East a di_stznce of 120.20 feet to a point on the
Westerly boundary line of Lot 7 of Block I of Cameron's Addition
to Kali -spell of which a plat or �:ap is on fi_l.e in the office of.
the CO-L:nty Clerk and Recorder of Flathead County, ?5ontana; thence
South 0' 18, 52" East along said Lot 7 boundary line a distance of
113.93 feet to a point; thence
South.89' 52' 45" Zdest a distance of. 6.99 feet to a.point; thence
South 0' 24' 20" East a distance of 178.14 feet to a point on the
Northerly boundary line of Arizona Street; thence
South 86' 55' 45" WEst along said Street right of way a distance
-of 90.59 feet to a point; thence
South 89'. 52' 45" West and continuing along said street right of
way a distance of 286.05 feet to the place of beginning.
To be knea;n as LJNDEr'LPTLL SUBDIVISION NO. 2.
STATE OF MONTANA,
County of Flathead ss
Filed for record at the! r qu st of _______._________-__—____ ----- ----- ----'v
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this / L day of__.---
G Y ---. __ _. _ .. 1972 at_�.1 o'c1od�M and recorded in VOL.__�?/�
PAGE _._.------ J :r ecords of Flathead County, State of Montana. -
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Fee - -- 'i 15
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Flathead Cpuiity Clerk ayd- ie
RECEPTION NO. ___ � y -___-_ 1 %corder•
J/ -----------------------
Deputy
RETURN TO �! G Clilc,.l1--- -- ✓--- ------------ ---
I, George Beardslee, City Clerk of t City o spe "o do certify that on
the 17th day of June 14 7 , I oste � oc ny o he foregoing ordinance
In my office, and the same remained posted r a period of ve days, and he f egoing
is a true and correct copy of the ordinan passed by t Ci y Council
�Cit}7 ,10 he7
of Kell zp-m, 11ontana