Ordinance 897 - Annexation - Buffalo Hill Apartmentsl
ORDINANCE NO. 897
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 "BUFFALO HILL APARTMENTS AND COMMERCIAL
ADDITION NO. 84".
WITNESSETH:
WHEREAS, by petition of Brian T. Grattan, on behalf of Arrow-
head, Inc., a Montana corporation, freeholder 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 as follows:
A tract of land in Government Lot 13, Section 6, Township
28 North, Range 21 West, M.P.M., Flathead County, Montana,
described as follows:
Beginning at the Northwest corner of Government Lot 13,
Section 6, Township 28 North, Range 21 West; thence
North 890 16' 23" East a distance of 357.14 feet to a
pointb thence
South 3 33' 14" West a distance of 1223.64 feet to a
point on the Northerly right of way of a road known
as Sunny View Lane; thence
South 890 26' 40" West and along said right of way a
distance of 357.06 feet to a point on the westerly
boundary line of Government Lot 13 as shown in Book
535, page 98 records of Flathead County; thence
North 30 33' 14" East and along said boundary line a
distance of 1222.57 feet to the place of beginning.
WHEREAS, the City Council in response to said petition did,
on June 6, 1977 adopt Resolution No. 3117 to consider the annexa-
tion of said realty to be known as "Buffalo Hill Apartments and
Commercial Addition No. 84"; 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 request for annexation also requested said premises
be given a classification of No. 5 Business Residence District under
the Kalispell Zoning Ordinance although said premises would abut a
No. 3 Residence District of the City of Kalispell, and, according to
the provisions of the Kalispell Zoning Ordinance (Section 7, Zoning
Ordinance, as amended) such classification cannot be given without
due notice and public hearing on said classification request. The
City Council did give proper notice that the requested zoning classif-
ication would be heard and considered 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 July 5, 1977; and,
at such public hearing, the City Council, after consideration of
the report made and filed as required by Section 11-513, 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 findvthat it is in the best interest of the City as a whole
that said premises be annexed to the City with a No. 5 Business Res-
idence District- classification; and thereafter further meetings were
held relative to raid area and, pursuant to the City of Kalispell
Zoning Ordinance as adoi.ted Nov�,mber 30, 1977, the proper zoning
classification to be applied to such annexed territory is: Lots 1,
2, 3 and 4 to be zoned B-4 and ]:lots 5 through 28 to be zoned RA-1..
NOW THEREFORE, BE IT ORDAINED THAT:
1. The real property, described as follows:
A tract of land in Government.Lot 13, Section 6, Township
28 North, Range 2.1 West, M.P.M., Flathead County, Montana,
described as follows:
Beginning at the Northwest corner of Government Lot 13,
Section 6, Township 28 North, Range 21 West; thence
North 890 16' 23" East a distance of 357.14 feet to a
point; thence
South 30 33' 14" West a distance of 1223.64 feet to a
point on the Northerly .right of way of a road known
as Sunny View Lane; thence
South 89° 26' 40" West and along said right of way a
distance of 357.06 feet to a point on the westerly
boundary line of Government Lot.13 as shown in Book
535, page 98 records of Flathead County; thence
North 30 33' 14" East and along said boundary line a
distance of 1222.57 feet to the place of beginning.
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 7th day of July, 1978,
said date being the date of the final public hearing held by the
City Council on the Petition"to Annex and as a result of Resolution
No. 3117, 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. Said realty so annexed to the City of Kalispell shall
be as follows under the City of Kalispell Zoning Ordinance
adopted November 30, 1977: Lots 1, 2, 3 and 4 thereof shall
be zoned B-4 and Lots.5 through 28 shall be zoned RA-1.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
APPROVED BY THE MAYOR THIS .7`FH DAY OF DULY , 1978.
Norma E. Happ, Mayot
ATTEST:
STATE OF MONTANA, 1 as
County of Flathead I _
Filed for record at the requestof 7'
this day of 19�_ at
o do
PAGE Records Flathead County, State of Montana.
- Fee
RECEPTION NO. e) 200
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M and recorded in VOL. /zLi,�
Flathead County Clerk and Recorder
Deputy
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