Resolution 4958 - Annexation - Highway 93 South Addition #3542004350 0g31::,0
RESOLUTION NO.4958
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A","
TO BE DESIGNATED AS HIGHWAY 93 SOUTH ADDITION NO.354, AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, on October 4, 2004, the City Council passed Resolution No. 4939 declaring an
intention to annex contiguous platted tracts of and unplatted land that have been
surveyed and for which certificates of survey have been filed, which is more
particularly described in Exhibit "A", attached hereto and thereby made a part hereof,
pursuant to the provisions of Title 7, Chapter 2, Part 44 Montana Code Annotated
(Annexation of Contiguous Government Land); and
�9 WHEREAS, notice of the resolution of intent was provided pursuant to MCA 7-2-4312 by
publishing such notice on November 15 and November 22, 2004, as provided in
MCA 7-1-4127; and
WHEREAS, the City Clerk received, within the twenty -day comment period, and forwarded to the
City Council for Council consideration, zero (0) "Protest/Disapproval" letters
regarding the proposed extension of the boundaries of said City, and
WHEREAS, on November bth, 1995, the City Council adopted, pursuant to Section 7-2-4305,
MCA, an Extension of Services Plan which anticipates development of City services
for approximately five years in the future, and
WHEREAS, said "Extension of Services Plan" provides for financing the municipal services and
maintenance of existing services by utilizing funds allocated and expended pursuant
to the annual City budget without incurring additional bonded indebtedness, and
WHEREAS, the Tri-City Planning Office has made an Annexation and Zoning Staff Report, No.
KA-04-15, on the annexation/zoning of the property dated November 1, 2004, and
WHEREAS, said real property described in Exhibit "A" is included within and conforms with the
Kalispell Growth Policy 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That all of the real property as is more particularly described in
Exhibit "A", attached hereto, shall be annexed to the City of Kalispell
and the boundaries of the City are altered to so provide.
SECTION II. Upon the effective date of this Resolution, the City Clerk is directed
to 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 Council
and file said documents with the Flathead County Clerk and
Recorder.
200,1350
From and after the date of filing of said documents as prepared by the
City Clerk, or on the effective date hereof, whichever shall occur
later, said annexed territory is part of the City of Kalispell and said
territory and its citizens and property shall be to all debts, laws and
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.
SECTION Ill. The territory annexed by this Resolution shall be zoned pursuant to,
and in accordance with, the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall become effective immediately upon passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 6TH DAY OF DECEMBER, 2004.
ATTEST:
Theresa White
City Cleric
EXHIBIT `rA"
2500 Highway 93 South
Parcel 1: Tract 2D
A tract of land in the N1/2 NW1/4 NE1/4 SW1/4, Sec.
particularly described as follows:
Commencing at the West 1/4 Corner of Section 20; thence
S89°25'23"E 1318.54 feet to the true point of beginning
20, T28N, R21 W, P.M.M., and more
of the tract herein described; thence
continuing
S89025'23"E 405.00 feet to the Westerly boundary of the Kalispell City Airport; thence along said
boundary
S32°50'29"E 100.00 feet; thence leaving said boundary
S57009'31"W 349.13 feet to the Easterly R/W of a 60-foot roadway; thence along said R/W
N30052'29"W 323.25 feet to the true point of beginning, containing 1.683 acres of land.
(Certificate of Survey No. 4884)
2580 Highway 93 South
Parcel 1: Tract 2F
A tract of land located in the Northeast Quarter of the Southwest Quarter of Section 20, Township 28
North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana, and more
particularly described as follows:
Commencing at the Southwest One -Sixteenth corner of said Section 20 indicated by a found 5/8"
rebar; thence
N001 14' 15" E, on and along the West boundary of said Northeast Quarter of the Southwest Quarter,
a distance of 240.17 feet to the True Point of Beginning;
Thence N0094' 15" E, continuing on and along said West boundary of the Northeast Quarter of the
Southwest Quarter, a distance of 968.52 feet to a point; thence
S30150'59" E, on and along the West boundary of a 60 foot private road and utility easement, a
distance of 811.89 feet to a point; thence
S57°08'32" W, a distance of 500.40 feet to the True Point of Beginning.
This parcel contains 4.660 acres of land and together with a 60-foot private road and utility easement
as indicated hereon and subject to any easements of record.
(Certificate of Survey No. 8528)