Ordinance 895 - Annexation - Summit RidgeORDINANCE NO. 895
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 SUMMIT RIDGE NO. 1, ADDITION 90
611TNI';`'SETH �
WHIE'REAS, by petition of J. Austin Miller, et al, freeholders
of mo.,,-,-e than 51% of the certain real property situated
outside the boundary of the City of Kalispell, but contiguous
thereto, (--he City of Kalispell was, on May 1, 1978, requested
to adopt a Resolution of Intention to consider annexation of said
realty to the City of Kalispell; said realty being more par-
tict.3.1arly 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 May 1, .1.978, adopt Resolution No. 3176 to consider the ann;--xa-
ti-on of said.realty, to be known as Summit Ridge No. 1, Addition.
90; and, pursuant thereto, the City Council did set a public
hearing to be held on said petition, and due and proper notice of
sa.-id puLlic hearing was given by the City Clerk; and
WHEREAS, said p-ubl-i..c hearing was duly held by the City
Council pursuant to said notice at its regular meeting on July 3,
1978 and recessed to July 7, 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 heari,-)q all evidence presented on said petition, did find
that. all :-�Landards for annexation, set out in Section 11-519,
1947, as amended, were met and duly considered; and
I WHEREAS, the Cj.-ty does intend to provide all services -to
said rca1.Ly 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., .1,947, as amended; and
the ef.fective date of sziid annexation should be
tl:ie da-'Ce that the City Clerk does, pursuant to order of the
Couiicil, Cile with the Flathead County Clerk and Recorder, a
copy record - as entered on the minutes of the council of
these. P:--f:\ceedings; and
Wil w.AS, said premises. to be annexed.to the City does
adjoin �,iid abut a portion of the City classified as a No. I
Re,s,idence District under the Kalispell City Zoning Ordinance, and
no rea-scii has been shown pursuant to said zoning ordinance that
said property to be 'annexed should take any other or lesser
ciassilri(:.-ation; and, pursuant to Section 6.17(A), of. the City of
KZ,14-pell.
-.
.t Zoning Ordinance, as adopted November 30, 1977, the
-:oning district: classification to be applied to such
annexed te-rritory is> R-4.
fc
NOW '1'ij-_i',REF())RE, BF, IT O_RD.A_.(.'N1413D THAT-
1. The real property as is more particularly described in
ExiAb-it "A" attached hereto, sb.all be annexed -to the City of
I Ka,lispell. -and the boundary of the City is altered to so provide;
Z� t-id
2. 14--', wii.-Ihin '.ienty (2,0) 'Jays of, 1--he ,J'uly 7, 1978,, :2,aid
e be i of ti-.ie 1po)-6...�.c hea_rirtq., !-c.1d '�),v c
i n�f the- (� 'tat e
-Ey
Counc-il on the Petition to Annex and as a result of Resolution
Mo, 3176, there are not received by the City Clerk expressions of
di_,,a,pproval of this annexation made in writing by a majority of
the rosident freeholders of said area to be annexed, the C.i.'L---y
Cl,-'r.lk is directed to then make, and certify, under the seal of the
C-0--y, a copy of the record of these proceedings as are enterc.-A on
1-c -2 minutes of the City, arid. forthwith rile said document Y�,ith
th(. ;?fathead County Clerk. a.nd. Recorder; and
3. Front and after the data of said filing of said document
a�3 prepared by the City Clerk, said annexed territory is a part
of the City of Kalisp6ll and said territory and its citizens and
Prop,-.rty shall be subject to all debts, laws, ordinances and
rgulations in force in the Cit* v of Kalispell. and shall be
eat.-Jtled to the same privileges and benefits as are other parts
ot., City.
4. All of said realty so annexed to the City shall be a
.R
f'.'t Linder the City of Kalispell Zoning Ordinance as adopted
'Nos/omber 30, 1977.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
APPROVED BY THE MAYOR THIS PAY Y OF 1978.
6
Norma E. Happ,, Mayor C
'j- C E!f k
rFity Clerk Of the City of Kalispell, Montana, do certify thl-it 0,11
day 0. 1 192L, I posted a copy of tl--te for-ecloing orcu-pallce
and th-, ' S_;;-, rkenlalnod posted for a perl'o"d of five days,, tell fo-'�.egoing
t-"I I '
and col%tlr-�X copy of tho ordinance as passed )-)y the City Coun�,Cl"-
C City of k-alispelll
C i"" y 00 of
- 2 -
14AIVER OF PROTEST
The undersigned, pursuant to and in consideration of the conditions and
terms of Resolution 3186 as passed by the City Council and approved by the
Mayor of the City of .Kalispell, Montana, on the 7th day of July, 1978, do
hereby waive any and all rights to protest the formation of a special improve-
ment district for the purpose of construction of a sanitary sewer and/or storm
drain system and/or for the work therefor to be performed, and bonds to be sold
or assessments to be levied for the payment of the costs thereof effecting or
including the following described parcels of property in the City of Kalispell,
Flathead County, Montana:
All lots of Summit Ridge No. 1, Addition No. 90 to the
City of Kalispell.
This waiver shall attach to and run with the said parcels of said sub-
division and shall be binding upon the heirs, assigns or successors in interest
of the undersigned in and to said parcels.
Dated this M4 day of _ d' , 1979.
+ ,
STATE OF MONTANA )
ss<
COUNTY OF FLATHEAD )
On this day of No VtA 6,f4 , 1979, before me, the under-
signed Notary Public for the State of -Montana, personally appeared J. AUSTIN
MILLER, MARTHA C. MILLER, HOLLISTER A. LARSON,and JEAN ELIZABETH LARSON, known
to me to be the persons whose names are subscribed to the within instrument,
and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year in this certificate above written.
Notary Public for the State of Montana
R esi'ding at Kalispell, Montana
•; eta,. �+ x ; ..
s'� t 4y'Commission Expires June 12, 1980
C'
STATE OF MONTANA, ss
County of Flathead
Filed for record at the request of ;G
this G _zX� day of
PAGE `� Records of Flathead County, State of
Fee $
o'clock 4 M and recorded in VOL. Z��
Flathead County Clerk and Recorder
RECEPTION NO. f76 9- 3
_ '-7 _
s
r9
RETURN TO `� �a'"" Deputy
01
EXt1IBIT A
An irregular, parcel of land contiguous to the City of Kalispell,
Montana, located in a portion of the East 1/2 of Section 1,
Township 28N, Range 22W, P.M.M. , Flathead County, Montana, being
more particularly bounded and described as follows: To twit.
Beginning at the Southwest corner of Lot 12, Block 8, Northridge
Heighcs,Section 3; thence S89054'E a distance of 183.9 feet to
the Southeast corner of Lot 11 of said Block 8; thence S250 101W
a di!;tance of 349.0 feet to the Southwest corner of Lot 6 of said
Bloclk 8; thence on and along the Northerly and Westerly bosRdaries
of Northridge Park, West a distance of 375.2 feet to a point on a
circular curve and along said curve to the left with a radius of
703.7 feet to the Northeasterly corner of Lot 4, Block 1, Northridge
Heights, Section 2; thence S45017'35"W on and along the Northerly
boundary of said Northridge Heights, Section 2 a distance of 297.30
feet to a point on the Northerly boundary of Northridge Heights
Ser,�tlon 5; thence on and along last said Northerly boundary,
N4,Sc'4l'34'V a distance of 144.24 feet, N64029241V a distance of
178.0 feet, N74 0 09'11"W a distance of 95.13 feet, N81049'20"W a
distance of 91.84 feet, West a distance of 113.33 feet, N13 0 05'E a
distla-nc e of 28.62 feet, N76 0 55'W a distance of 1.57.19 feet, N50 0 00 Ili
a distance of 89.53 feet, S51 0 30'W a distance of 52.53 feet, Wegt a
di',-.,nce of 173.09 feet, N40000'W a distance of 58.41 feet, S43 30'W
a distance of 61.68 feet, West a distance of 64.83 feet, to a. point
on a circular curve, and along said curve to the right with a radius
of 10.0 feet a distance of 41.03 feet to a point on the North -South
cen,t(�rline of said Section 1; thence NOO 0 51'5611E a distance of
ap,,,r,oximately 490 feet to the Southwesterly corner of First Addition
Haven Heights; thence S89 0 39'E on and along the Southerly
bourdary of said First Addition a distance of 1,315.40 feet to the
Soi.,�L-_fieasterly corner of North Haven Heights; thence South a distance
of i,24,93 feet to a point on the Northerly line of proposed Summit
Ri-!,,e Drive; thence S89 0 33'07"E a distance of 16.76 feet to the
of a circular curve; thence along said curve to the left
a radius of 320.0 feet a distance of 202.67 feet, thence
N 5 6.- 04133"E a distance of 253.84 feet; thence D135 0 55'27"W a distance
0�*A� 0
5.0 feet; thence N54 04'33"E a distance of 53.01 feet to the
be%-*T.nning of another circular curve; thence along said other curve to
thc right with a radius of 395.0 feet a distance of 249.39 fcet.; thence.,
S890 4.5'E a distance of 166.85 feet to a point on the Westerly boundary
of ':p.rkway Drive; thence SOOO 15'W a distance of 101.8 feet to the
intp.rsectiori of last said Westerly boundary with the Northerly boundary
of3lission Lane; thence N89 0 54'W a distance of 302.5 feet; thence
SOO () 06 W a distance of 160.0 feet to the point of beginning including
all of Certificate of Survey No. 2009, Instrument Rec. No. 3860. (and
containing 23.4 acres more or less.)
STATE OF MONTANA, SS
County of Flathead I
Fi 10 for record at the request of
this day of __ xf1_ '0__Z:F aLzz_1_11� o'clock A M and recorded in VOL.
PAGE Redords of Flathead County, State of Montana.
Fee $__
'7y
V,
Flathead County Clerk and Recorder
RECEPTION NO. ZZZ, 5L5F
RETURN TO
Deputy