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Resolution 2870 - Affirming Hennessy's Right to Continue OperationI Rr ESOWUON 2870 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KALISPELL MEETING MONDAY-42NIGHT, June 12, 1972 WHEREAS, Hennessy's Steak House and Motel has been operating a cocktail lounge, restaurant and dance hall on the premises located on the real property described in Exhibit "A" attached hereto and by this reference made a part hereof; and WHEREAS, the present zoning of said property is a Class 4 zoning permit and the above -referred to real property is outside the boundaries of the inner fire zoning, permitting all categories of commercial use with the exception that such zoning prohibits any drinking establishments or dance halls; and WHEREAS, the use made of said property by Hennessy's Steak House and Motel was a pre-existing use, in that it existed prior to the creation of said zoning; and WHEREAS, it is the intention of the owners of Hennessy's Steak House and Motel to expand and enlarge said facilities to encompass a convention center and Travel Lodge Motel, together with the restaurant, cocktail lounge and dancing facilities presently existing; and WHEREAS, it is the desire of the owners of Hennessy's Steak House and Motel to have confirmed their non -conforming use of said property; NOW, THEREFORE, BE IT "RESOLVED, that the City Council of Kalispell, Montana, at a meeting held Monday night, the 12th day of June, 1972, do hereby authorize the owners of Hennessy's Steak House and Motel and any successor owners thereof, to continue with the operation of a cocktail lounge, restaurant, and dance hall facility at such location and to include such facilities in their proposed develop- ment of a Travel Lodge Motel,,.,'convention center, restaurant, cocktail lounge I and dance hall as related facilities." The foregoing resolut on/was meeting of the City Council of he City on the 12th day of June, 1972. ASTEST: 0 Laumnee G. Bjorr.-aby, Nayor ly paps&d at a pe-11-, Montana City Clerk of the City of X crtify that the f o a trua, and CO?Y Of tha rp4t lution duly d by the City of t1je City of Kalispell, Ywnt.azia, at, I a n June 12. 1972 i d v ,l A EXHIBIT Beginning at the Southeast corner of Block 251 of Kalispell Townsite Company's Addition No. 7 to Kalispell, Montana, according to the plat thereof on file and of record in the office of the County Clerk and Recorder of Flathead County, Montana; thence South 13' 49' East along the West boundary of Third Avenue East 852.0 feet to the true point of beginning; thence South 13° 49' East along the West boundary of Third Avenue East 322. 1 feet to a point of the Easterly boundary of Old U. S. Highway No. 93; thence along a left bearing curve being the Easterly boundary of Old U. S. High- way No. 93, the chord of which has a bearing and distance of North 47' 43' West 168. 5 feet to a point; thence North 48' 45' West along the Easterly boundary of Old U. S. Highway No. 93 a distance of 222. 2 feet to a point; th enc e North 760 11' East 221. 3 feet to the true point of beginning, containing 0. 82 acres, more or less. AND TRACT 1: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Block 2 of Ryker Addition, according to a map or plat thereof, records of the County Clerk and Recorder of Flathead County, Montana; TRACT 2: That part of the South Half of the Southwest Quarter of Section 17, Township 28 North, Range 21 West, M.P. M. , Flathead County, Montana, particularly described as follows: Commencing at the Southeast corner of Block 251 of Kalispell Townsite Company's Addition Number Seven to Kalispell, Montana, according to the recorded plat thereof, records of County Clerk and Recorder of Flathead County, Montana; thence South 13' 49' East along the West boundary of Third Avenue East extended Southerly a distance of 852 feet; thence South 76' 11' West a distance of 221.3 feet to the Easterly boundary of Old U. S. Highway No. 93 and the place of beginning of the tract to be herein described; thence North 76' 11' East a distance of 221. 3 feet to the Westerly boundary of Third Avenue East extended Southerly; thence North 13' 49' West along the West boundary of Third Avenue East a distance of 120 feet; thence South 76' 11' West a distance of 305. 1 feet, more or less, to the Easterly boundary of U. S. Highway No. 93; thence South 461 45' East and following the Easterly boundary of said Old U. S. Highway NTo. 93 a distance of 146. 4 fee+ more or less, to the place of beginning.