Ordinance 891 - Annexation - South MeadowsORDINANCE NO. 891
AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARY OF
THE CITY OF KALISPELL BY INCLUDINC THEREIN, AS AN ANNEXATION,
CERTAIN RF�ALTY TO BE KNOWN AS SOUTH MEADOWS ADDITION NO. 89.
WTTNESSETH:
WHEREAS, by petition of Darwin Hamilton, et al, 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 September 6, 1977,
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 March 20, 1978, adopt Resolution No. 3144 to consider
the annexation of said realty, to be known as South Meadows
Addition No. 89; 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
May 1, 1978; 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, 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 My Clerk does, pursuant to order of
the Council, file with .-,he Flathead County Clerk and Recorder,
a copy of the record as entered an 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; and, pursuant to Section VIVA), of
the City of Kalispell Zoning Ordinance, as adopted November
30, 1977, the proper zoning district classification to be
appLied to such annexed torritory is: Residential R-4; and
it also appears that said premises should also be a MH Special
District in adcord with Section 3.03.2 of the City of Kalispell
Zoning Ordinance as adopted November 30, 1977.
NOW ViEREFORE, BE IT ORDAIN.ED THAT:
1. TO.(-, real property as is more particularly described
in Llxhibit. "/V' attached here -to, shall be annexed to the City
o J.Kali spei I- and the, boundary of -the City is altered to so
-
ovide;
2. )J", within twenty (20) (lays of the ist day of May,
1978, sai(.'y date being the date of the public hearing held by
the City Counci 1� the Petition to Annex and as a result of
)Nl n o. there are not received by the City
4 '�x I
Clerk of disapproval of this annexation made in
writing I.--y a majority of the resident freeholder's of said
area to be annexed, the City Clerk is directed to.then make
and certif`y, under the seal of the City, a copy of the
record of these proceedings as are entered on the minutes of
the City, -yid forthwith file said document with the Flathead
County C.)';. s.-k and Recorder; and
3. .:xq and after the date of said filing of said
document prepared by the City Clerk, said annexed territory
.is a pa.i,.1-*1 the City of Kalispell and said territory and
-its citi7, and property shall be subject to all debts,
laws, or6,.:.-Ioi.,,nces and regulations in force in the City of
1 -nd shall be entitled to the same privileges and
Kalispell i
I
(-:� ., -n efii-s are other parts of the City.
4.
a Resi&-�,
Ordinance .
.L
of said realty so annexed
O Rf Xo the City shall be
i*--4-1viH under the C,i ty"' 0:1 Kalispell Zoning
a6opt" 6d November 10 197V
BY,/'THE C I TY C
1, THE CITY OF KALISPELL AND
TAE, MAYOR. THIS/St )4AY OF MAY, 19-78..
6
Norma E..:' Happ, Ma'yor
2 -
P , 1. T "A" CC- 3 348
t1 -11-racL of land in the NE'-4- of Section 19, Township 28 North, Range
21 VCOst, M.P.1,11., Flathead County, Montana, more particularly de.-
sc.ribod as follows:
Com,:-,iencing at the East Quarter Corner of said Section 19; thence
South 880 361 09" West and along -the South boundary of the NE14
of said Section 19, a distance of 464.51. feet ' - to the centerline
of i,shley Creek and the True Point of Beginning; thence along the
centerline of Ashley Creek the following two courses:
'-o�-th 660 221 15" West a distance of 304.81 feet; thence.
.1 L
h 540 05' 43" West a distance of 89.26 feet; thence wl
720 1') 07" East a distance of 779.81 feet to tile Wes I: e r 1 y
!:_i Oh t of way boundary of the Kalispell South Loop Road (Montana
HI
Project, No. S4 4(7)); thence
'Or',
-11 11' 48' 47" East along the said right of way boundary a distance
c � 68. 55 feet; thence
720 56' 07" !lost a distance of 840.27 feet the centerline
o'. Ashley Crock; thence meandering along the centerline of said
Ti-,!11ey Crook the following three courses:
53" West a distance of 1.22.89 feet; thence
1-0 " 05' 55" East a distance of 129.22 feet; thence
750 501 48" East a distance of 622.91 feet; thence continuing
No r t _- i 1 7 !i 0 501 48" East a distance of 50.00 feet to the So"uthwest.
(Orm�?-r of that certain tract- described in Deed recorded in Book
353 ,�,-aqe 833, records of Flathead County, Montana; thence
890 59' 2211 East a distance of 208.71 feet to a point on the
Mentioned right of way boundary of the Kalispell South toop
F, -� a 3 Clontana Highway Project No. S-404(7)); thence
C r t 02' 0111 East a distance of 50.0 feet along said riall t o 5
boundary; thence
5 9 ' 2211 Vvlest a distance of 208.68 feet; thence
h
1- 0' 04' 25" East a distance of 434.61. feet; thence
c h 890 55' 35" Vv7est a distance of 50.00 feet; thence-
0' 25" East a distance of 161.64 feet; thence
1
52' 01" West a distance of 256.23 feet to the cent-erline
al-ffore mentioned Ashley Cree thence along the centerline
said Ashley Creek the following three courses -
C' 41 4505" East a distance of 180.0 feet; thence
04' 55" VIest a distance of 1.15.0 feet; thence
:t.h 030 401 05" Viest a distance of 245.17 feet, thence
c : t It 1 80 491 25" East a distance of 155.0 feet to a point the
'Nr
�h boundary of the S, V- of said Section 19,, thence
80' 19' 53" ;test a. distance 1-771.25 feet along said North
thence
0' 18' 20" West a distance of 1305.10 feet to the North boundar,.-
0- said Section 19; thence
6,80 031 44" West a distance of 80.04 feel' al once said North
boundary'; thence
""0', - _L -
2011 East a distance of 1304.72 -feet -t:o the North
cunaary of the S13NEII of said Section 19; thence.
SOut-h 880 19' 53" West a distance of 131-48 feet along said North
i�oundary to the West boundary of said SkNE"-; thence
4
C'O',Tla.'_'UED O:Ii PACE 2
Pago 2 CG- 334
:th 0' 1,3' 20" East a distance of 1304.10 feet along said West
lionniary to the South boundary of the NE'-4 of said Section 19; thenc(_.
uh 333 3GI 09" East a distance of 2210.95 feet along said South
-,r, y to the center of Ashley Creek and the Point of Beginning.
"-1EADOWS o,, .,*:) as SOUTII 1
'-31'&TE OF MONTANA
County of Flathead
i for record at t r of ------- 10L.�Aev,"
quest ------- ---- -----
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day VS ------------------------
at_ o'clock M and recorded in VOL-6
., ,_ 1901
--Records of Flathead County, State of Montana.
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,,,`EPTION NO,
�`UPN TO ------
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FlatheadrCounty Cok and Recmder
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Deputy
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1, George Be; rdslee, City Clerk of the City of Kalispell, Montana, do certify that oil
tile 2111 61Y of 99ef , I posted a copy of the foregoing ordinence
in my bffict, and thAS_Tflt� mained posted for a period of fivedays, nQ the foregoing
4;
!L,, trun. e,iltl correct copy of the ordinance as passed J)y tile, City Cov.1.1ci.l.
City Clerk the City of Kalispell, Montam
0A
14
51'%
A G R B E M E N T
f
TH;-S AQ!RE.EME'1\'f1j.', made and entered into this day of
1978, by and between the CITY'OF KALISPELL,
a mul-O'cipal Corporation, hereinafter called "City"; and DARWIN
HAMIBITON and MEADOWS INCORPORATE'D, doing business as SOUTH, MEADOWTS,
a Partnership, hereinafter referred to as "Partnership";
WITNESSETH:
WHEREAS, City has approved Partnership's Petition for Annexa-
tion to the City of Kalispell South Meadows Addition No. 89 as a
subdivision; and
WHEREAS, City has imposed certain conditions required for
approval of said subdivision which are as follows:
(a) the petitioner shall. install within said subdivision
water and sewer facilities to meet or exceed minis-lum
specifications of the State of Montana, Department of
Health and the City of Kalispell, Director of Public
Wo r k.,.-, ;
(b) the petitioner shall set aside those lots on the final
plat numbered 7, 27, 39 and 87 on the preliminary plat
for future access purposes and provide by appropri-ate
agreement or dedication -that they may not be sold and,
upon demand by the City will be conveyed to the '-'it.y
for public use only; and
(c) all streets and curbs in the subdivision shall be
constructed in accord with existing City required
,-;'-_.andards and specifications;
and
WHEREAS, with respect to said conditions Utie Partnership and
City have reached -the following agreement:
1. Partnership shall install within said subdivision water
and sewer facilities to meet or exceed minimum specification,-,, of
the State of Montana, Department of Health, and the City of
Kalispell, Director of Public Works.
2. Partnership shall construct all streets and curbs in
the subdivision in accord with existing City required standards
and specifications,
3. Pa.rtr)ersliip shall set aside Lots numbered 7, 27, 39 and
87 on Lhe fina.1 plat of said subdivision for future access p-arposes
and agrees 1-:hat said lots shall not be sold and, upon de-mand. by
the City will. ,be conveyed to the City for public use oniy.
- i -
City agrees with Partnership that if the City has not
demanded, for public use only, Lots Nos. 7, 27, 39 and 87, or any
of them individually, within ten (10) years from the date of this
agreement, this restriction shall be null and void and said lots
miiy- be, sold or disposed of by Partnership. It is furl her agreed
i-Jiat un-tJJ. said lots are conveyed to the City for public use, only
or a pe3--,.od of ten years passes without such demand, whichever
first Occurs, Partnership may utilize such lots in any -reasonable
manner; however, Partne"rship shall be responsi"l-le for the SID
assessments against the said four lots, regardless of whether the
City demands them. If the City demands them, Partnership shall
pay all `AID assessments in full before transferring them to City.
5. The parties agree that the original copy of this agreei,-ient
shall be affixed to the final plat of South Meadows and recorded
with said plat in -the office of the Flathead County Clerk and
Recorder.
IN WITNESS WHEREOF, this agreement is executed the day and
year aforesaid.
ATTEST:
1c Giermann) City Clerk
(Marj 7 . _
CITY OF NALISPELL
(Norma E. Happ) Rvtayor
SOUTH MEADOWS, a Partners hj
By:
(Da win Hamilton)
By: MEADOWS INCORPORATED
By:c
(Linda' L.
ATTEST: Olt (Partners)
(,Jer,�f G,,//Begg-) Xgetary
'A5
STATE OF MONTANA
ss.
County of Flathead
On this 6 day of "��P 1978 before me, the
undersigned Notary Public fo_50tC1iE_'e State of Montana, personally
appeared NORMA E. HAPP, known to me to be the Mayor of the City
of Kalispell, and MARJORIE GIEPMANN, known to me to be the City
Clerk of the City of Kalispell, the persons who executed the
within instrument on behalf of said City of Kalispell, and
aci<hbi lle.rjqed -'Clo me that such Ci,ty executed the same.
')-L4 I -_1141 hereunto set my hand and Jri d
VZITL �;SS WHEREOF, I ha aff x4E'
4"
"'No Seal the day and year in this certificate above writte-n.
al'n
Mon-ana
Notary Public for the State of
3 E Z-,X Residing at Kalispell, Montana
I � - a '%
My commission expires:
)-.AA.
STATE OF MONTA14A
ss.
County of Flathead
01
On this _5 day of 1978, before me, the
undersigned Notary Public for the State of Montana, personally
app(.'iared DARWIN HAMILTON, one of ,the partners of SOUTH MEADOWS,
a :r.- tner ship, known to me to be the person whose narae is sub-
-d to the within instrument, and acknowledged to me that
h,(,->cuted the same.
....1N.WITNESS WHEREOF, I have hereunto set my hand and affixed
_,taria]. Seal the day and year in this certificate above written.
-
Notary Public for the State of Montana
Residing at Kalispell, Montana
My commission expires:
STA2.1T,, OV MO&TANA
ss.
`oant-y of ?lathead
On this day of'�' t-� tl! 1978,.before me, the
Public -or the State of Montana, personally
undersigned N6 , 4't
appeared LINDA L. MENGWASSER, known to me to be the President of
MEADOWS INCORPORATED, the corporation that executed the within
instrument, and acknowledged to me that said corporation executed".
the same as a partner of SOUTH MEADOWS, a Partnership. ,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my b1otarial Seal the day and year in this certificate above. writte.n.
Notary Public
or the State of Mon a
izesidinq at Kalispell., Montana
My commission expire
_.2
3
4
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STATEOF MONTANA,
st-
of Flathead
.001-Ulty
,ct ff,.c recorcl at the)f
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da of -------------
iq/."' a4 "jo(A M
and recoi -ded in V01,
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o:"' F1at12eacl
Coun, Stato of
Fee
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jjlalffi,,A Covmy Clerk and 1�,ccoider
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Dr,qputy
? A
RECEPTION NO, -------- YZ'_o ------ - -
RETUR J R�f TO ------------ _ ---------