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05. Resolution 4147 - Intent to Annex EvergreenRESOLUTION NO. 4147 A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO THE CITY OF KALISPELL, COMPRISING THAT TERRITORY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND THEREBY MADE A PART HEREOF, TO BE DESIGNATED AS THE EVERGREEN ANNEXATION NO. 255, TO FIX A DATE OF A HEARING THEREON, AND TO PROVIDE FOR PUBLICATION OF NOTICE OF SAID HEARING. WHEREAS, in the judgement of the City Council of the City of Kalispell, Montana, it is in the best interest of the City of Kalispell and the inhabitants thereof, and the inhabitants of the contiguous platted tracts or parcels of land or unplatted land for which a certificate of survey has been filed, which are contained in Exhibit "A", attached hereto and thereby made a part hereof, that the boundaries of the City of Kalispell, would be extended so as to include the same within the corporate limits of the City of Kalispell, General Business B-2, or other appropriate zone in accordance with the City of Kalispell Zoning Ordinance, Ordinance 1175, as amended, and WHEREAS, on the 3rd day of April, 1989, the City Council adopted, pursuant to Title 7, Chapter 2, Part 47, Montana Code Annotate, an Extension of Services Plan which anticipated development of the City services for approximately five years in the future, and WHEREAS, the City Council shall, prior to annexing said property cause to be developed an extension of services plan specifically addressing the territory described in Exhibit "A", and proposed by this Resolution to be annexed, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission shall on the day of , 1994, hold a public hearing, pursuant to Section 27.30.030, City of Kalispell Zoning Ordinance, to recommend zoning for the territory described in Exhibit "A" in accordance with the Kalispell Zoning Ordinance, in the event the territory is annexed to the City, and WHEREAS, the City of Kalispell desires to annex the property to the City limits under the provisions of Title 7, Chapter 2, Part 43 Montana Code Annotated (Annexation of Contiguous Lands). RESOLUTION NO. 4147 WHEREAS, the Montana Supreme Court pursuant to its decision in Burritt v. City of Butte, 508, P.2d 683 (1973) has held that a corporation is not a "resident freeholder" within this contiguous annexation method and as best as can be determined by City Officials there are no resident freeholders residing on any land to be annexed pursuant to this resolution; and WHEREAS, the Montana Supreme Court pursuant to its decision in Kunesh v. City of Great Falls, 317 P.2d 297, 299, 301 (1957) indicated that intention to establish a permanent residence on property annexed is necessary in order to be considered a resident freeholder for annexation protest purposes as a resident freeholder NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That it is the intention of the City of Kalispell that certain territory comprising the Evergreen Addition No. 255 be embraced within the corporate limits of the City of Kalispell and the boundaries of said City be so extended so as to include the same. Said territory is more particularly described in Exhibit "A", attached hereto and thereby made a part hereof. SECTION II. That is further the intention of the City of Kalispell that property described in Exhibit "A" be zoned as General Business, B-2 or other appropriate zone in accordance with the City of Kalispell Zoning Ordinance, Ordinance No. 1175, as amended. SECTION III. The City Clerk of Council shall forthwith prepare and publish in the Daily Inter Lake, a daily newspaper published at Kalispell, Montana, proper notice of this Resolution of Intention at least once a week for two successive weeks next preceding the regularly scheduled Council meeting at which said Annexation will be considered; and give said notice in writing, addressed to the address to which tax notices are sent to all owners and purchasers under contract for deed of the property in the territory to be embraced. RESOLUTION NO. 4147 2 SECTION IV. For a period of twenty days after the first publication of said notice by the City Clerk of Council, said City Clerk of Council will receive expressions in writing of approval or disapproval of the proposed extensions of the boundaries of said City of Kalispell from freeholders of territory proposed to be embraced therein. SECTION V. At the regularly scheduled meeting of the City Council of the City of Kalispell next succeeding the expiration of said twenty days, the City Clerk of Council shall lay before the Council all communications in writing so received by her for the City Council's consideration. If after considering the same such council shall duly and regularly pass and adopt a resolution to that effect, the boundaries of such city of the first class shall be extended so as to embrace and include such platted tracts or parcels of land or unplatted land for which a certificate of survey has been filed; the time when the same shall go into effect to be fixed by such resolution. SECTION VI. Such resolution shall not be adopted by such council if disapproved in writing by a majority of the resident freeholders of the territory proposed to be embraced. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AND APPROVED BY THE MAYOR THIS DAY OF APRIL, 1994. Douglas D. Rauthe - Mayor Attest: Finance Director RESOLUTION NO. 4147 3 EXHIBIT "A" City ofKalispell: Evergreen Annexation Those portions of Sections 4, 8, and 9 of Township 28 North, Range 21 West, Principal Meridian, Flathead County, Montana, described as follows: Commencing at the northeast corner of the Southwest Quarter of the Northeast Quarter of Section 8, Township 28 North, Range 21 West; thence West along the north line of said aliquot part 723.3 feet; thence South 30034' West 1346.7 feet, to the POINT OF BEGINNING of the parcel being described, said point being the most westerly corner of that parcel described in Book 277 Page 599, records of Flathead County, Montana; thence along the westerly and southerly boundaries of said parcel, the following two courses: South 30024' East 540.9 feet, more or less, and South 4° West 206.25 feet, more or less, to the northwest corner of that parcel described in Book 285 Page 385, records of Flathead County, Montana; thence along the westerly and southerly lines of said parcel, South 4° West 101.05 feet, more or less, and South 77°42' East 740 feet, more or less; thence along the northerly line of the Phillips Addition to Kalispell and the Amended Subdivision Plat of Lots 3, 4, and 5 of Block 1 of Phillips Addition to Kalispell, the plats of said subdivisions being on record with the Flathead County Clerk and Recorder, South 77°53' East 250 feet, more or less, to the northeast corner of said Phillips Addition to Kalispell; thence along the easterly boundary of said Phillips Addition to Kalispell, South 23°13' East 181 feet, more or less, and South 0024' West 641 feet, more or less, to the northerly boundary of Conrad Drive; thence along the northerly boundary of Conrad Drive, North 62° 18' East 133 feet, more or less, to the westerly line of that parcel described in Document 9401911460, records of Flathead County, Montana; thence along the westerly line of said parcel North 0°24' East 506 feet, more or less, to the southerly boundary of that parcel described in Book 85 Page 117; thence along the southerly and easterly boundary of said parcel, the following courses: South 76105' East 271 feet, more or less, South 77°57' East 200.8 feet, more or less, South 86149 East 332.5 feet, more or less, North 64°06 East 207.3 feet, more or less, Page 2 North 40° East 247 feet, more or less, North 18°40' East 240 feet, more or less, and North 26°02' East 291.2 feet, more or less, to a point on the west boundary of Section 9, Township 28 North, Range 21 West; thence continuing in said Section 9 along the southerly and easterly boundary of said parcel described in Book 85 Page 117, records of Flathead County, Montana, the following courses: North 58153' East 59.5 feet, more or less, North 28°09' East 299.5 feet, more or less, North 56028' East 207.2 feet, more or less, North 45052' East 132 feet, more or less, North 32022' East 172.3 feet, more or less, North 2602Y East 262.6 feet, more or less, North 26053' East 264.7 feet, more or less, North 170 38' East 140 feet, more or less, North 0138' East 213 feet, more or less, and North 17° 17' West 123.1 feet, more or less, to the easterly line of that parcel described in Book 331 Page 20, records of Flathead County, Montana; thence along said easterly line of said parcel, North to the right bank of the Stillwater River; thence northwesterly along the right bank of said Stillwater River to a point on the south line of the Northwest 1/4 of the Northwest 1/4 of Section 9, Township 28 North, Range 21 West; thence continuing in the Northwest 1/4 of the Northwest 1/4 of said Section 9, northerly along the right bank of the Stillwater River, the following courses: North 75020'34" West 96.64 feet, more or less, North 68'11'18" West 49.61 feet, more or less, North 40016'39" West 130.60 feet, more or less, North 1605739" West 73.21 feet, more or less, North 2903622" East 54.16 feet, more or less, North 7°2605" East 169.43 feet, more or less, North 30°00' 15" East 64.83 feet, more or less, North 30°58'08" East 226.16 feet, more or less, North 6301657" East 29.54 feet, more or less, North 0°42'03" West 161.60 feet, more or less, and North 1900725" West 194.67 feet, more or less, to the southeasterly right-of-way line of U.S. fliighway No. 2; thence North 660 0937" East along said southeasterly right-of-way line to the left bank of the Stillwater River; thence southerly along the left bank of said Stillwater River to the southwesterly line of that parcel described in Document 9005815520, records of Flathead County, Montana; thence along said southwesterly line of said parcel, South 75°45' East 200 feet, more or less, and South 37045' East 287.0 feet, Page 3 more or less, to the most southerly corner of said parcel; thence along the easterly line of said parcel, North 24°20' East 395.5 feet; thence continuing along said easterly line of said parcel, North 46007 West to the most southerly comer of that parcel described in Document 9103610270, records of Flathead County, Montana; thence northeasterly along the southeasterly line of said parcel and the southeasterly line of that parcel described in Document 9408211460, records of Flathead County, Montana, North 30°33' East 135 feet, more or less, and North 19°40' East 131.6 feet, more or less, to the north line of the Northwest 1/4 of the Northwest 1/4 of Section 9, Township 28 North, Range 21 West; thence East along the north line of said Northwest 1/4 of the Northwest 1/4 of Section 9, Township 28 North, Range 21 West, to the west line of that parcel described in Document 9302110270, records of Flathead County, Montana; said point being 1018 feet east, more or less, from the northwest corner of the Northwest 1/4 of the Northwest 1/4 of said Section 9; thence along the west line of said parcel, South 1320 feet, more or less, to the south line of said parcel; thence along the south line of said parcel, East 296.0 feet, more or less, to the east line of said parcel; thence along the east line of said parcel, North 0°00'28" East 1030.5 feet, more or less; thence West 20.00 feet, more or less; thence continuing along the east line of said parcel, North 0°00'28" East 230.27 feet, more or less, to the north line of the Northwest 1/4 of the Northwest 1/4 of Section 9, Township 28 North, Range 21 West; thence along the north line of said aliquot part, East 20 feet, more or less, to the southwest corner of the Southeast 1/4 of the Southwest 1/4 of Section 4, Township 28 North, Range 21 West; thence along the south line of said aliquot part North 899 F 18" Fast, a distance of 1312.05 feet, more or less, to the southeast corner of said aliquot part; thence along the east line of said aliquot part, North 001741" East 614.40 feet, more or less, to the southwest comer of that parcel described as Tract 1 in Document 8636316510, records of Flathead County, Montana; thence along the south line of said parcel, North 89°57 East, 219.9 feet, more or less, to the southeast comer of said parcel; thence along the east line of said parcel, North 77.0 feet, more or less, to the southeast corner of that parcel described as Tract 2 in Document 8636316510, records of Flathead County, Montana; thence along the east line of said parcel, Page 4 North 121.2 feet, more or less, to the southwesterly corner of Lot 4A of the Amended Plat of M&S Services Subdivision, the plat of which is on file with the Flathead County Clerk and Recorder; thence along the south line of said Lot 4A, North 8905700" East 167.35 feet, more or less, to the southwest corner of that parcel denoted as "Common Area" on said Amended Plat of M&S Services Subdivision; thence along the south line of said "Common Area," North 89°57'00" East 44.02 feet, more or less, to the southeast corner thereof; thence along the easterly line of said "Common Area," North 1202613" West 109.70 feet, more or less, to the southwest corner of that parcel described in Document 9119312280, records of Flathead County, Montana; thence along the southerly line of said parcel, North 8302627" East 121.09 feet, more or less, to the southeast comer of said parcel; thence along the easterly line of said parcel, North 1042'20" West 165.88 feet, more or less, to the southerly line of that parcel described in Document 8507110250, records of Flathead County, Montana; thence along the southerly line of said parcel, North 85°5329" East 94.94 feet, more or less, to the southeast corner thereof; thence along the easterly line of said parcel, North 3014'47" West 112.21 feet, more or less, to the southwest corner of that parcel described in Document 8531211500, records of Flathead County, Montana; thence along the southerly line of said parcel, North 86°59'38" East 264.40 feet, more or less, to the westerly right-of-way line of South Cedar Drive; thence along said westerly right-of-way line, North 4°42'00" West 328.00 feet, more or less, to the southeasterly right-of-way line of old U.S. Highway No. 2 (now designated as Montana State Highway No. 35); thence along said southeasterly right-of-way line, North 55°35'00" East 69 feet, more or less, to the easterly right-of-way line of the above -mentioned South Cedar Drive; thence along said easterly right-of-way line, South 4038' East 303.8 feet, more or less, to the southwest comer of that parcel described in Document 8615516310, records of Flathead County, Montana; thence along the southerly line of said parcel, North 841136' East 736.50 feet, more or less, to the centerline of Spring Creek; thence northerly along the centerline of Spring Creek to its intersection with the southwesterly right-of-way line of Shady Lane; thence along the southwesterly right-of- way line of Shady Lane, North 3390' West 355 feet, more or less, to the southeasterly right-of-way line of Page 5 Old U.S. Highway No. 2, (now designated as Montana State F-Eghway No. 35); thence along said southeasterly right-of-way line, North 55031' East 60.00 feet, more or less, to the northeasterly right-of-way line of the above -mentioned Shady Lane; thence along said northeasterly right-of-way line of said Shady Lane and the southwesterly line of that parcel described in Document 9224116160, records of Flathead County, Montana, South 33°30' East 325 feet, more or less, to the southerly bank of Little Spring Creek; thence along the southerly bank of Little Spring Creek, and the southerly lines of said parcel and those parcels described as Parcels 1 & 2 in Document 8521913500, records of Flathead County, Montana, North 61038' East 420.9 feet, more or less, to the southeast corner of said Parcel 2 of Document 8521913500, records of Flathead County, Montana.; thence along the northeasterly line of said parcel, North 33030' West 450 feet, more or less, to the northwesterly right-of-way line of Old U.S. Highway No. 2, now designated as Montana Highway No. 35; thence along said northwesterly right-of-way line, and along the southeasterly line of Valley View Addition, the plat of which is on record with the Flathead County Clerk and Recorder, North 55042' East to the north right-of-way line of Fast Cottonwood Drive; thence westerly along said north right-of-way line of said East Cottonwood Drive, to its intersection with the easterly right-of-way line of LaSalle Road, now designated as U.S. Highway No. 2; thence southerly along said easterly right-of-way line of U.S. Highway No. 2, 60 feet, more or less, to the south right-of-way line of the above -mentioned East Cottonwood Drive; thence westerly along the westerly projection of said south right-of-way line of said East Cottonwood Drive, and continuing along the south right-of-way line of West Cottonwood Drive, to the northwest corner of Lot 15 of Block 1 of Schuman and Anderson Subdivision, the plat of which is on file with the Flathead County Clerk and Recorder; thence along the west line of said Lot 15 and the west line of Lot 16 of said Block 1 of said Subdivision, South 179.6 feet, more or less, to the north line of that parcel described in Document 8902511110, records of Flathead County, Montana; thence along the north line of said parcel, West 490 feet, more or less, to the west line of said parcel; thence southerly along the west line of said parcel, to the southeasterly right-of-way Page 6 line of West Cottonwood Drive; thence southwesterly along said southeasterly right-of-way line, to the south line of that parcel described in Document 9121908430, records of Flathead County, Montana; thence along the south line of said parcel South 89015'54" West 320.26 feet, more or less to the westerly line thereof; thence along the westerly line of said parcel, South 004836" East, 159.71 feet, more or less, to the northwest corner of that parcel described in Book 550 Page 795, records of Flathead County, Montana; thence along the westerly line of said parcel, South 7°53' East 442.8 feet, more or less, to the north line of that parcel described in Book 786 Page 861, records of Flathead County, Montana; said point being on a 1910.00 foot radius curve concave northwesterly, having a radial bearing of North 7'00'27" West; thence southwesterly along the curve through a central angle of 9°5T53", an arc length of 329.40 feet, more or less, to the northwest comer of that parcel described in Document 9210816510, records of Flathead County, Montana; thence along the west line of said parcel, South 0°05'30" West 220 feet, more or less, to the north line of the Southeast 1/4 of the Southwest 1/4 of Section 4, Township 28 North, Range 21 West; thence west along the north line of said aliquot part, 333 feet, more or less, to a point which is 330 feet east of the northwest comer of the Southeast 1/4 of the Southwest 1/4 of said Section 4; thence South and parallel to the west line of said Southeast 1/4 of the Southwest 1/4, 658.2 feet, more or less, to the northeast corner of that parcel described as Tract 6 in Document 9403313400, records of Flathead County, Montana; thence west along the north line of said parcel, 127 feet, more or less, to the northeast corner of that parcel described as Tract 7 on Document 9403313400, records of Flathead County, Montana; thence west along the north line of said parcel, 203 feet, more or less, to the east line of the Southwest 1/4 of the Southwest 1/4 of said Section 4, Township 28 North, Range 21 West, said point being on the easterly right-of-way line of West Cottonwood Drive; thence South along the east line of said Southwest 1/4 of the Southwest 1/4 and along the easterly right-of-way line of West Cottonwood Drive, to a point which bears East 30 feet, more or less, from the southeast corner of that parcel described as Tract 1 in Document 9122012220, records of Flathead County, Montana; thence West 30 feet, more or less, to the southeast comer of said Tract 1 of said Document Page 7 9122012220, said point being on the west right-of-way line of the above described West Cottonwood Drive, thence along said west right-of-way line of said West Cottonwood Drive, and along the easterly line of said Tract 1 of said Document 9122012220, North 53 feet, more or less, to the northeast corner of said Tract 1 of said Document 9122012220; thence along the north line of said Tract 1 of said Document 9122012220, West 193.11 feet, more or less, to the northwest corner of said Tract 1 of said Document 9122012220; thence along the west line of said Tract 1 of said Document 9122012220, South 99.66 feet, more or less, to the northwesterly right-of-way line of the above -described West Cottonwood Drive; thence along the northwesterly right-of-way line of said West Cottonwood Drive, South 76°25' West 90.52 feet, more or less, to the southeast corner of that parcel described in Document 9316614070, records of Flathead County, Montana; thence along the south line of said parcel, and continuing along the northwesterly right-of-way line of said West Cottonwood Drive, South 76032' 12" West, 20.73 feet, more or less, and South 79°37' 12" West 293.66 feet, more or less, to the east right-of-way line of River Road; thence continuing South 79037' 12" West 82 feet, more or less, to the westerly right-of-way line of said River Road, thence northerly along said westerly right-of-way line of River Road, to the northeast corner of that parcel described as Parcel One in Document 9123516160, records of Flathead County, Montana; thence along the northwesterly line of said parcel, South 65°53'03" West 282.01 feet, more or less, to the low water mark on the left bank of the Stillwater River; thence along said low water mark of the Stillwater River, South 8029' 16" East 288.97 feet, more or less, and South 20002'06" West 44.28 feet, more or less, to the south line of the Southwest 1/4 of the Southwest 1/4 of Section 4, Township 28 North, Range 21 West; thence continuing southerly along the low water mark on the left rank of the Stillwater River to the northwesterly right-of-way line of U.S. 1- Ommy No. 2, thence southwesterly along said northwesterly right-of-way line to the east line of Section 8, Township 28 North, Range 21 West; thence northerly along said east line of said Section 8, to the northerly right-of-way line of Montclair Drive; thence along said northerly right-of-way line of said Montclair Drive, South 74028' West 766.1 feet, more or less, and South 51°40' West 734.96 feet, Page 8 more or less, to the east line of the Northwest 1/4 of the Northeast 1/4 of Section 8, Township 28 North, Range 21 West; thence continuing westerly along the northerly right-of-way line of said Montclair Drive, to the northwesterly right-of-way line of Flathead Drive; thence southwesterly along the northwesterly right-of- way line of said Flathead Drive and continuing southwesterly along the southeasterly right-of-way line of the Burlington Northern Railroad, to a point that bears North 30-24' West from the Point of Beginning thence South 30024' East to the Point of Beginning. Excluding therefrom the following tracts of land: 1) Any portion of an island parcel designated on County Tract Maps as "Tract 211" which may lie in the Northwest 1/4 of the Northwest 1/4 and/or the Southwest 1/4 of the Northwest 1/4 of Section 9, Township 28 North, Range 21 West 2) That parcel described in Document 9118314220, records of Flathead County, Montana (Assessor's Tract No. 4QAC, in the Northwest 1/4 of the Southeast 1/4 of Section 4, Township 28 North, Range 21 West) 3) Those parcels described in Document 9000915130, records of Flathead County, Montana (Assessor's Tract No. 4QB & 4NB, in the Northwest 1/4 of the Southeast 1/4 of Section 4, Township 28 North, Range 21 West) 4) That parcel described in Book 460 Page 798, records of Flathead County, Montana (Assessor's Tract No. 4SB, in the Northwest 1/4 of the Southeast 1/4 of Section 4, Township 28 North, Range 21 West); 5) That parcel described in Book 466 Page 878, records of Flathead County, Montana (Assessor's Tract No. 4SC, in the Northwest 1/4 of the Southeast 1/4 of Section 4, Township 28 North, Range 21 West); Page 9 6) That parcel described in Book 595 Page 440, records of Flathead County, Montana (Assessor's Tract No. 4SD, in the Northeast 1/4 of the Southeast 1/4 of Section 4, Township 28 North, Range 21 West) 7) That parcel described in Document 8708414020, records of Flathead County, Montana (Assessor's Tract No. 4SA, in the Northeast 1/4 of the Southeast 1/4 of Section 4, Township 28 North, Range 21 West) 8) That parcel described in Document 9236511570, records of Flathead County, Montana (Assessor's Tract No. 4NA, in the Northeast 1/4 of the Southeast 1/4 of Section 4, Township 28 North, Range 21 West) 9) Those parcels described in Book 516 Page 60, records of Flathead County, Montana (Assessor's Tract No. 14, No. 30E, No. 30L, and No. 301D in the Southwest 114 of the Northeast 114 of Section 8, Township 28 North, Range 21 West) 10) Those parcels described in Document 9313211480, records of Flathead County, Montana (Assessor's Tract No. 30RC and No. 30-8C, in the Southwest 1/4 of the Northeast 1/4 of Section 8, Township 28 North, Range 21 West) 04 Apr-94 Wgatel upWnWn-wx3.leg