Ordinance 956 - Annexation - Double LL-f 19
ORDINANCE NO. 956
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 DOUBLE LL ADDITION #76.
' WITNESSETH:
WHEREAS, by petition of Raymond Lembke and Eugene Lenz, resi-
dent freeholders of more than 51% of the certain real property
situated outside the boundary of the City of Kalispell, but contig-
uous thereto, the City of Kalispell was, on November 28, 1979, re-
quested 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.. 3262 to consider the annex-
ation of said realty, to be known as Double LL Addition #76; 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 hear-
ing was given by the City Clerk; and
WHEREAS, said request for.annexation also requested said premi-
ses be given a classification of Neighborhood Business B-1 for the
easterly 290 feet of said premises and the remainder as a Residen-
tial Apartment RA-1 district, 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 December 3, 1979,
but postponed further hearing thereon until June 2, 1980, and on
June. 2, 1980, 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 Neighborhood Business B-1 for the east-
erly 290 feet of said premises and the remainder as a Residential
Apartment RA-1 district classification; and
WHEREAS, the City does intend to provide all servicestosaid
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 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. 3262, 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
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. Said realty so annexed shall be. Neighborhood Business B-1
for the easterly 290 feet of said premises and the remainder as a
Residential Apartment RA-1 district under the Kalispell Zoning
Ordinance.
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALI,SPELL
AND APPROVED BY THE MAYOR THIS21st DAY OF JOLY, 1980.
Norma E. Happ, Mayo
ATTEST:
Mario Ve Giermann, City Clerk
EXHIBIT "A"
That portion of the Southeast Quarter of the Northeast
Quarter, (SE4NEh), of Section 12, Township 28 North, Range
22 West, Flathead County, Montana, described as follows:
Commencing at a point on the East line of the Northeast Quar-
ter, Section 12, which point is 1.39 feet north of the North-
east corner of the Southeast quarter Northeast quarter;
thence along the East line of the Northeast Quarter South
0*46100" East 825..14 feet (827.0 feet Record); thence
South 89039102" West 29.49 feet (South 89040' West 30.0 feet
Record) to the westerly line of Meridian Road, at the point
of beginning; thence continuing South 89a39'02" West 594.03
feet (South 89040' West 593.2 feet Record); thence South
0°22'33" East 275.49 feet (South 0*24130" East 275.5 feet
Record); thence North 89042122" East 345.49 feet (North '
89°40' East 344.9 feet Record); thence North 0°45'58" West
137.87 feet (North 0°46' West 137.5 feet Record); thence
North 89038138" East 250.15 feet (North 89040' East 250.0
feet Record);. to the Westerly line of Meridian Road; thence .
along the Westerly line North 0039115" West 137.93 feet
(North 0'46' West 138.O,feet Record) to the point of
beginning.
Marjorie Gie , City Clerk of the City of Kalispell, Montana, do certify that on the
day of v�1A , 190 , I posted a copy of the foregoing ordinance in
f office and the ame is a true copy of the ordinance that remained posted til final
assage of the second reading by the City Council on the ay of r,`�, 19 �o