Ordinance 943 - Annexation - El Dorita Village95
ORDINANCE NO. 943
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 EL DORITA VILLAGE, ADDITION NO. 111.
WITNESSETH:
WHEREAS, by petition of Clifford Dale Collins, resident free-
holder of more than 51% of the certain real property situated out-
side the boundary of the City of Kalispell, but contiguous thereto,
the City of Kalispell was, on October 2, 1979, 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 November 19, 1979, adopt Resolution No. 3268 to consider the
annexation of said realty, to be known as E1 Dorita Village, Addition
No. 111; 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 7, 1980;
and, at such public hearing, the City Council, after consideration
of the report made and filed as required by Section 7-2-4731, MCA,
and hearing all evidence presented on said petition, did find that
all standards for annexation, set out in Section 7-2-4734, MCA,
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 7-2-4731, MCA; 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 of these proceed-
ings; and
WHEREAS, 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. Residential Apartment RA-1 District.
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 (20) days of the 7th day of January, 1980,
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.
3268, there are not received by the City Clerk expressions of dis-
approval 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
-1-
96
the City of Kalispell and said territory and its citizens and
property shall be subject to all debts, laws, ordinances and re-
gulations 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
Residential Apartment RA-1 District under the City of Kalispell
Zoning Ordinance as adopted November 30, 1977. M
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
APPROVED BY THE MAYOR THIS J8 DAY OF 1980.
7 C.rx � �{✓rz�fi
Norma E. Happ, Mayo
ATTEST:
Marjorke Giermann, City Clerk
EXHIBIT A
That portion of the Northwest Quarter of the Northeast,Quarter of
Sect.on 12, Township 28 North, Range 22 West, Flathead County, Mon-
tana, described as follows:
Beginning at the Southwest corner of Addition No. 16, Valley View
Apartments; thence S 89°43'00" W, 250.0 feet; thence N 0*33'00" W,
177.90 feet; thence S 89*49140" W, 50.0 feet; thence N 0*24115" E,
260.09 feet; thence N 89*45100" E, 300.0 feet to the Northwest cor-
ner of said Addition No. 16, which point is on the North right-of-
way line of Liberty Street; thence along the west line of said
Addition No. 16, S 0001100" W, 43,7.90 feet to the point of beginiling
containing 2.821 acres of land.
STATE OF MONTANA, 1 ss
County of Flathead Jr
Filed for record at the requestA
this O day of 19 at _ o'clock M and recorded in V
PAGE -'3cQ I— Records of Flathead County, State of Montana. ��-�
Fee S � Pd.
/ Flathq d County Clen�c and
RECEPTION N , � /i
RETURN TO
r
Rorie Giermann, City Clerk of the City of Kalispell, Montana, do certify that on the
day of ,, 19_le , I posted a copy of the foregoing ordinance in
y office and theisame is a e copy of the ordinance that remained post d til final
.a.ssage of the second rea by the City Council on the If � day of , 19-Z-4.
Ci
Clerk