Ordinance 954 - Annexation - Hansen145
ORDINANCE NO. 954
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 HANSEN ADDITION #114.
WITNESSETH:
WHEREAS, by petition of Nellie Mae Hansen and the Flathead
County Board of Commissioners, 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 January 23, 1980, 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 here-
to which, by this reference, is made a part hereof; and
WHEREAS, the City Council in response to said petition did, on
April 7, 1980, adopt Resolution No. 3281 to consider the annexation
of said realty, to be known as Hansen Addition #114; 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 premi-
ses be given a classification of Residential R-4 under the Kalispell
Zoning Ordinance. The City Council did give proper notice that the
requested zoning classification 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 June 2, 1980, after
having been postponed from May 19, 1980, and, at such public hearing,
the City Council, after consideration of the report made and filed
as required by Section 7-2-4731, M.C.A., as amended, and hearing all
evidence presented on said petition, did find that all standards for
annexation, set out in Section 7-2-4734, M.C.A., were met and duly
considered; and, the Council did also find that it is in the best in-
terest of the City as a whole that said premises be annexed to the
City with a Residential R-4 classification; 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, M.C.A.;
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
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 Kalis-
pell and the boundary of the City is altered to so provide; and
2. If, within twenty (20) days of June 2, 1980, said date be-
ing the date of the public hearing held by the City Council on the
Petition to Annex and as a result of Resolution No. 3281, 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 Re-
corder; and
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116 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 pro-
perty shall be subject to all debts, laws, ordinances and regula-
tions 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 Resi-
dential R-4 under the Kalispell zoning Ordinance.
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL.
AND APPROVED BY THE MAYOR THIS '74 DAY OF ��a k 1980.
Norma E. Happ, Mayor ✓
ATTEST;
EXHIBIT "A"
A tract of land in the SEgNW; of Section 8, Township 28
North, Range 21 West, M.P.M., Flathead County, Montana,
as follows:
Beginning at a point which is 224.00 feet in an Easterly
direction from the Southeasterly corner of Block 2 of
Duncan's Addition to Kalispell, and on a line which is a
continuation of the Southerly line of said Block 2; thence
running in an Easterly direction and on a line which is a
continuation of the Southerly line of said Block 2, a dis-
tance of 142.00 feet; thence running at right angles in a
Northerly direction and on a line which is parallel with
the Easterly line of said Block 2, a distance of 50.00
feet; thence running at a right angle in a Westerly direc-
tion and on a line which is parallel with the continuation
of the Southerly line of said Block 2, a distance of 142.00
feet; thence running at a right angle in a Southerly direc-
tion and on a line which is parallel with the Easterly line
of said Block 2, a distance of 50.00 feet to the place of
beginning.
Certain streets and/or public roads in the Southeast , of
the Northwest a of Sec. 8, T. 28, R. 21, more particularly
described as:
Eighth Avenue E. N. between the north boundary of California
Street and the south boundary of Oregon Street, not hereto-
fore lawfully annexed to the City of Kalispell and/or dedi-
cated as a public street; and
The West half of Ninth Avenue E.N. between E. Oregon Street
and E. California Street; and
The East half of Tenth Avenue E.N. between E. Oregon Street
and E. California Street; and
Oregon Street between the east boundary of Eighth. Avenue E.N.
to the east boundary of Tenth Avenue E.N., not heretofore
lawfully annexed to the City of Kalispell and/or dedicated
as a public street; and
The North half of E. California Street between the east
boundary of Tenth Avenue E.N., and the west boundary of Ninth
Aven77P F._N.
I, Marjorie Giermann, City Clerk of the City of Kalispell, Montana, do certify that on the
Z fd day of 19_, 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
passage of the second reading by the City Council on the 7f� day of 'TU k( , 19 $D .