Ordinance 955 - Annexation - Opsand1117
ORDINANCE NO. 955
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 OPSAND ADDITION #107.
WITNESSETH:
WHEREAS, by petition of John Opsand and Ethel Opsand, resident
freeholders of more than 51% of the certain real property situated
outside the boundary of the City of Kalispell, but contiguous there-
to, the City of Kalispell was, on July 16, 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
April 7, 1980, adopt Resolution No. 3280 to consider the annexation
of said realty, to be known as Opsand Addition #107; 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 interest 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 re-
cord 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
Kalispell and the boundary of the City is altered to so provide;
and
2. If, within twenty (20) days of June 2, 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. 3280, there
are not received by the City Clerk expressions of disapproval of
this annexation made in writing by a majority of the resident free-
holders 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 re-
cord 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
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3. From and after the dace 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 regu-
lations 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
Residential R-4 under the. Kalispell Zoning Ordinance. '
FINALLY, PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND APPROVED BY THE MAYOR THIS 7TH DAY OF JULY, 1980.
Norma E. Happ, Mayor
ATTEST:
Mara ri Giermann, City Clerk
1
EXHIBIT A
EXCEPTING the North 100 feet of the following described tract
of land:
A tract of land located in the SWhSE;, Section 1, Township 28 North,
Range 22 West, M.P.M., Flathead County, Montana, more particularly
bounded and described as follows:
Beginning at the Southeasterly corner of Lot 11, Block 9, Sunset
Addition No. 4; thence
South 01047146" West on and along the westerly line of Sunset Addition,
a distance of 290.0 feet to a point on the northerly right of
way line of Three Mile Drive; thence
South 89034141" West on and along said northerly right of way line
a distance of 109.24 feet to a point which is the northerly
right of way line of Garland Street; thence
North 01047142" East on and along said easterly right of way line a
distance of 290.0 feet to the southwesterly corner of said
Lot 11; thence
North 89034141" East a distance of 109.25 feet to the point of
beginning. '
Tract 2, Certificate of Survey No. 2133.
EXCEPTING THEREFROM public roads and rights of way.
I, Marjorie Giezm nn City Clerk of the City of Kalispell, Montana, do.certify that on the
day of I A 44 f , 196 , I posted a copy of the foregoing ordinance in
my office and the s�b is a true copy of the ordinance that mained posteq until final
passage of the second reading by the City Council on the Z _day of , 19 d