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Resolution 3299 - Subdivision - Roseglen ManorRESOLUTION NO. 32 cjC� A RESOLUTION TO APPROVE AS A SUBDIVISION OF THE CITY OF KALISPELL, MONTANA, ROSEGLEN MANOR ADDITION #118. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION 1. That pursuant to the petition of Carl Baltrusch, filed with the City Council of the City of Kalispell, and the sub- mission to said Council by said petitioners of a plat reflecting the survey and designation of that territory within the City of Kalispell which said petitioners request be approved as a subdivi- sion therein, and pursuant to those provisions of Title 76, Chapters 2 and 3, M.C.A., as amended, that are applicable thereto and the duly adopted and enforced subdivision regulations of the City of Kalispell, the Council and Mayor do hereby approve that said terri- tory shall become and be a subdivision of the City of Kalispell to be known as: ROSEGLEN MANOR ADDITION #118 SECTION 2. The Council has accepted, in accordance with Sec. 476-3-606, M.C.A., cash in lieu of park land requirements. It is ordered that the amount to be paid to the City in lieu of the park requirement is $1500.00, which shall be deposited in the Park Fund of the City to be used according to law. SECTION 3. The City Council in considering this request, has found from the preliminary plat and evidence relating thereto, that said subdivision is in the public interest, and in making such find- ing, the Council has considered and weighed: (a) basis of need for 1 he subdivision; (b) expressed public opinion; (c) effects on agri- ':-alture; (d) effects on local services; (e) effects on taxation; 01 effects on wildlife habitat, and (h) effects on the public health �id safety. SECTION 4. As a condition of said approval, however, petitioner must agree to the following terms and conditions: a) All City water and sewer extensions into said subdivision shall be constructed at the expense of the said petitioner to City specifications and be subject to the approval of the City Director of Public Works; b) That all City street extensions extending into said subdivision shall be constructed at the expense of said petitioner to City specifica- tions and be subject to the approval of the City Director of Public Works. Installation of sidewalks is not required at this time. c) A ten -foot (10') storm drain way easement must be provided and constructed along the south line of Lots #7 and #12; no structure or ob- struction may be placed in said easement way and right of maintenance shall be granted the city. d) A temporary turning cul-de-sac shall be estab- lished and maintained in Lot #12 and retained for such purpose until such time as Rosewood Street is further extended southerly. e) A Waiver of Right to Protest formation of a Storm Drain Special Improvement District in- cluding any or all of said subdivision shall be furnished the City. SECTION 5. Upon the payment of the aforesaid amount ordered in lieu of park dedication, and upon execution of the agreement as outlined in Section 4 above, and upon proper filing of said plat in the office of the County Clerk and Recorder of Flathead County, Montana, said territory shall become and he a subdivision of the City of Kalispell and same is classified as Residential Apartment RA-1 of said City. PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS aj DAY OF N 1 1930. Norma E. Happ, Mayor 0 ATTEST: Marjol ? Giermann, City Clerk the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a true y of the Resolution passe by the City Council of the City of Kalispell, Montana at a ular meeting held City Cle of the City of Kalispell