Ordinance 959 - Annexation - Roseglen ManorORDINANCE NO, 959
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 ROSEGLEN MANOR ADDITION -NO. 118.
WITNESSETH:
WHEREAS, by petition of Carl Baltrusch, a resident freeholder
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 June 2, 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 hereto which, by this reference, is made a part here-
of; and
WHEREAS, the City Council in response to said petition did,
on June 2, 1980, adopt Resolution #3292 to consider the annexation
of said realty, to be known as Roseglen Manor Addition No. 118;
and, pursuant thereto, the City Council did set a public hearing
to be held on said petition, and due and proper notice of said pub-
lic 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 July 7, 1980; and,
at such public hearing, the City Council, after consideration of
the report made and filed as required by #7-2-4731, M.C.A., and
hearing all evidence presented on said petition, did find that all
standards for annexation, set out in #7-2-4734, M.C.A., 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 #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
WHEREAS, pursuant to Section 6.17(A)._, of the City of Kalispell
Zoning Ordinance, the proper zoning district classification to be
applied to such annexed territory is: Residential Apartment RA-1.
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 the 7th day of July, 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
#3292, there are not received by the City Clerk expressions of dis-
approval of this annexation madein 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 min-
utes of the City, and forthwith file said document with the Flat-
head 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 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 a
Residential Apartment RA-1 under the City
of Kalispell Zoning Or-
dinance.
FINALLY
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND APPROVED
BY THE MAYOR THIS 21ST DAY OF
JULY, 1980.
Norma E. Happ, Mayor
ATTEST:
P/ 1 L(�t.7.�h i Y, An„ n J
Marjor' Giermann, City Clerk
EXHIBIT A
That portion of the Northeast quarter of the Northeast
quarter (NEkNE ) of Section 12, Township 28 North,
Range 22 West, Flathead County, Montana described as
follows:
Commencing at the Southeast corner of the Northeast
quarter of the Northeast quarter, Section 12;
thence
along the South line of the Northeast quarter of the
Northeast quarter South 89045124" West 248.90
feet to the Point of Beginning; thence
continuing along the South line South 89*45124" West
635.72 feet; thence
North 0001154" West 256.50 feet; thence
North 89*54138" East 632.85 feet; thence
South 0040139" East 254.81 feet to the. Point of Beginning.
I, Marjorie Gierm , City Clerk of the City of Kalispell, Montana, do certify that on the
day of 19-, I posted a copy of the foregoing ordinance in
my office and th s is a true copy of the ordinance that remained posted til final
passage of the second reading by the City Council on the day of , 19 �d
Clerk
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