Ordinance 911 - Annexation - WalkerMW
ORDINANCE NO. 911
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 WALKER ADDITION NO. 96. I
WITNESSETH:
WHEREAS, by petition of William W. Walker and Kathleen
D. Walker, 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, on October 18, 1978, 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 December 4, 1978, adopt Resolution No. 3207 to
consider the annexation of said realty, to be known as Walker
Addition No. 96; 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
January 15, 1979; and, at such public hearing, the City
Council, after consideration of the report made and filed ,
as required by the Planned Community Development Act of 1973,
and hearing all evidence presented on said petition, did
find that all standards for annexation, set out in said
Planned Community Development Act of 1973 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 the
Planned Community Development Act of 1973; and
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
o.f 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. 2
Residence 'Lone 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 6.17(A), of
the City of Kalispell Zoning Ordinance, as adopted November ,
30, 1977, the proper zoning district classification to be
applied to such annexed territory is: Residence Apartment RA-1.
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
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2. If, within twenty (20) days of the 15th day of January,
1979, 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. 3207, 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
a Residence Apartment RA-1 District under the City of Kalispell
Zoning Ordinance as adopted November 30, 1977.
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
APPROVED BY THE MAYOR THIS 5TH DAY OF FEBRUARY, 1979.
Norma E. Happ, May r
ATTEST:
-sad �CLLd/c p�[w al
Marjor3if Giermann, City Clerk
I, Marjo ie Giermann, ity Clerk of the City of Kalispell, Montana, do certify that on
the Z day of� 19 , I posted a copy of the foregoing ordinance in
my office, and the same rem ed posted for a period of five days, and the foregoing is
a true and correct copy of the ordinance as passed by the City Council.
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Exhibit "A"
All that portion of the Northeast Quarter of the
Northwest Quarter (NEaNWa) of Section 20, Township '
28 North, Range 21 West, M.P.M., described as follows:
Commencing at the Northeast corner of said Northwest
Quarter (NW;); thence
West along the North boundary line of said Section 20,
a distance of 363 feet; thence
South 13021' East a distance of 175 feet to the true
point of beginning; thence
Westerly at right angles, a distance of 333 feet; thence
Southerly at right angles, a distance of 211.6 feet; thence
Easterly at right angles a distance of 333 feet; thence
Northerly at right angles a distance of 211.6 feet, more
or less to the point of beginning,
COS It.� ✓ t
STATE OF MONTANA, $s
County of Flathead l'' D I;led for record at the re uest oGL� ✓
this. may of e�t— 19 79 at /a � o'clock
PAGE __ 3 Records of Flathead County, State of Montana.
Fee
RECEPTION NO. `?I�
and recorded in
Flathead ounty Clerk and Recorder
�Jyyv%+����Y-�
Deputy
�I
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Luc,, 664 mA18
I,AIVl_::3 OF PRCY"_ST
The undersigned, Pursuant to :. d in consideratio-_ of the
conditio-,as and ter:,s of Resolutio__3zo7 as -passed br t_:: City
Council and ap*roved by tie I`a ;or of theCit;, of Kalispell,
T_ontaua on the 44ja d;-of Q��,�1 does hereb aivc Ed
and all rit-iits to protest the for�_ation o_' a soeci_l in:?)rove-
uent district for t'.e rar,o:_e o* cc,:atr ctln_; o" a sanit:�ry-
sewer aff./or store, drain s_gste:: e.nd/or 'or the ;ror_c therefor
' to be nerf=red, and bonds to be sold or nose ns is to b_
levied for the eat of the costs t ereof e: iec � nr or
including the o' llowin_ described. -pa c_;l of property is t _e
Cite of Kali.s^ell, _mil:-.thea.d County, iiontana:
Tract 87,B, a.ccordLig to the ::lat tI_ereo£
on file and of record in the office of t:_e
Fl:.t.ead County Clerk and Recorder,
This ;;,-aiver shall attach to and run ;riti the said parcel
and shall be binding u-)on the 1:_eirs, assi ,a or succ:�ssors. in
interest of the undersigned in and to said parcels.
Dated this day of �Atr�92 , 1979
=illiam ;1. Walker
gati_leen D 4a,dler
S TA'i' E C lP '. `01-T.4 TA )
as
C0!__.TY OF I'L!'.T':'EAD )
On this 0>rc1 day= o£ 1 97g, before ,e, t' e under-
signed Nortary Puel7c for the S to of l'ontana, rersonall: an -eared
William W. "^alker and Kathleen D. ,Talker, no;,n to Le to be the
persons n1jose na;_.es- are subscrib::.d to ti,e vdthi'r- instru:._ent, and
ackno.rled-ed to .e that the; executed the sa_e,
IYi -,tITIFESS .:.Efi;EGF, 2 havemereunto set i;ly i:and and affixed
mr Yotarial Seal the day and year /in this certificate above *.•:ritten•
`'�°•'' U - '•;`-ot::ry Public for the State of
t�OTaR/q i^ '_ i ontana Residing at. Ka.lispell, hontana
Coaxiission expires w-o2y-7g
L
...........
STATE OF MONTANA, �.L, l.D J
County of Flathead
Filed for record at the request of /
this !2 ay of - H-�19 �
PAGE / a di o'clock and recorded in VOL.
Records of Flathead County, State of Montana. 0 Fee $ Pd.
RECEPTION
//NO. Flathead my Clerk and Recorder
RET RN Td@C�4A t � s� j
Deputy