Resolution 5778 - Exclusion of Property - Kraig TrippelReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903 II 201600020637
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Debbie Pierson, Flathead County MT by NC 9/23/2016 A'7 PM
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RESOLUTION NO. 5778
A RESOLUTION EXCLUDING CERTAIN TERRITORY FROM THE CITY OF
KALISPELL, UNDER THE PROVISIONS OF TITLE 7, PART 48, M.C.A. (EXCLUSION
O OF LAND), COMPRISING A TRACT OF LAND DESCRIBED ON EXHIBIT "A" AND
FURTHER DESCRIBED AS TRACT lAE IN SECTION 7, TOWNSHIP 28 NORTH,
RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND SETTING AN
.� EFFECTIVE DATE.
WHEREAS, two adjacent property owners, Montana Chip, LLC and Kraig Trippel, seek to
exchange portions of property located at the western end of West Montana Street,
through a boundary line adjustment, one parcel being outside the city, but wholly
surrounded by the city and the other parcel being in the city; and
WHEREAS, as an element of this transaction a petition has been made to annex a portion of the
property into the city and a petition has been made to exclude a portion of the
property from the city; and
WHEREAS, as further consideration in this petition to exclude property from the city, the
petitioner has agreed to abandon all use of its portion of private railway track
currently in place; and
WHEREAS, the City Council of the City of Kalispell finds that the petition to exclude the property
was signed by a qualified elector, that the territory is within and on the border of the
corporate limits, and the granting of the petition is in the best interest of the City of
Kalispell and its inhabitants and will not materially impair the symmetry of the City
of Kalispell; and
WHEREAS, the City Council of the City of Kalispell, on August], 2016, passed Resolution 5766,
a Resolution of Intention to Exclude Certain Territory from the City of Kalispell and
setting a public hearing for September 6, 2016; and
WHEREAS, on September 6, 2016, the City Council of the City of Kalispell held a public hearing
after due and proper notice, and received no protests on the request to exclude that
certain property; and
WHEREAS, at the conclusion of said public hearing and after consideration of the proposed
exclusion, the City Council of the City of Kalispell finds that it is in the best interest
of the City to exclude that territory more particularly described on Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That the certain territory described on Exhibit "A" is hereby excluded
from the corporate limits of the City and the boundaries of the City
are so altered so as to exclude the same.
SECTION 2. This resolution shall become effective contemporaneous with the
action of the Flathead County Commissioners to apply a county
zoning land use designation to the subject property.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 6TH DAY OF SEPTEMBER, 2016.
Mark las6n
Mayor
ATTEST:
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tXHIBIT "A'
BEGINNING at the northwest corner of Parcel l of Certificate of Survey No. 18419 (records of
Flathead County), which is a found iron pin; Thence S 13'41'08"E 77.00 feet to a found iron pin and
the point of curvature of a 468.30 foot radius curve, concave to the northwest (radial bearing of
S75°51'47"W); Thence southwesterly along a curve to the right, through a central angle of
30°48'26", for an arc length of 251.80 feet to a set iron pin; Thence N13'42' 14"W 317.35 feet to a
set iron pin; Thence N76° 18' 52"E 64.29 feet to the point of beginning and containing 15,472 Square
Feet; Subject to and together all appurtenant easements of record.