Ordinance 951 - Annexation - Circle K106
ORDINANCE NO. 951
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 "CIRCLE K ADDITION NO. 104".
WITNESSETH:
WHEREAS, by petition of the Circle K Corporation, a Texas Corpora-
tion, and the Board of Commissioners of Flathead County, resident free-
holders 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 May 18, 1979, and June 12, 1979, respectively,
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
October 15, 1979, adopt Resolution No. 3263 to consider the annexation
of said realty, to be known as "Circle K Addition No. 104" 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 pur-
suant to said notice at its regular meeting on December 3, 1979; and,
at such public hearing, the City Council, after consideration of the re-
port 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 proceedings; and
WHEREAS, said premises to be annexed to the City does adjoin and
abut a portion of the City classified as General Business B-3 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: General Business B-3.
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 3rd day of December, 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. 3263, 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 pro-
ceedings 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 pre-
pared by the City Clerk, said annexed territory is a part of the City
I
ORDDANCE #951
"Exhibit A"
A tract of land in the Southeast'lQuarter of the Southeast
Quarter (SE4SE4), Section Twelve',(12), Township Twenty-eight
(28) North, Range Twenty-two (22) West, P.M.M., and more
particularly described as follows:
Commencing at the Southeast Section Corner of Section 12;
thence
South 89016'40" West 264.00 feet; thence
North 0030' East 30.00 feet to the true point of beginning
of the tract herein described; thence continuing
North 0030' East 100.00 feet; thence
North 89016'40" East 234.00 feet thence
South 0030' West 100.00 feet; thence
South 89016'40" West 234.00 feetito the true point of
beginning.
ALSO:
The westerly 20 feet of the Southwest Quarter of the South-
west Quarter (SW;SW;) of Section!7, Township 28 North, Range
21 West, P.M.M., described as being that portion of Meridian
Road as shown on the recorded subdivisions of Kalispell
Lumber Company Addition Number 27 to Kalispell, Walters
Addition Number 40 to Kalispell and Weismans Addition Number
48 to Kalispell, on file and recorded in the office of the
Flathead County Clerk and Recorder.
Also the easterly 30 feet of the ',Southeast Quarter of the
Southeast Quarter (SEaSE;) of Section 12, Township 28 North,
Range 22 West, P.M.M., and being'ithat portion of Meridian
Road as shown on the recorded subdivision of Roy -Stanley
Addition Number 42 to Kalispell and Certificate of Survey
Number 4405, on file and recorded in the office of the Flat-
head County Clerk and Recorder.
Also, that portion of the CountylRoad known as "Meridian
Road" extending southerly from the above described two parcels
thereof to join the City Street known as "Meridian Road" in
the plat of Holister's Meridian Addition to the City of
Kalispell as filed and recorded in the records of the -Flat-
head County Clerk and Recorder.
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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 General
Business B-3 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 21 VC day of April, 1980.
ATTEST:
City C rk l ��
Norma E. Happ, Mayor
Y
I, Marjorie. Giermann, ity Clerk of the City of Kalispell, Montana, do certify that on the
_day of , 19 �o , I posted a copy of the foregoing ordinance in
my office and the same is a true copy of the ordinance that remained posted until final
>sage of the second reading by the City Council on the ' 2/ dar of
_ N
Marjor a Giermann, City Clerk