Resolution 5814 - Annexation - Stillwater BendN
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Debbie Pierson, Flathead County MT by SC 7/20/2017 10 37 AM
RESOLUTION NO. 5814
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACTS 1F AND 3A IN SECTION 25,
TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
AND AS FURTHER DESCRIBED ON EXHIBIT "A"; TRACT 3AD IN SECTION 25,
TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
AND FURTHER DESCRIBED AS PARCEL B OF COS 13982; AND ASSESSOR'S TRACT
2B IN SECTION 24, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS STILLWATER BEND ADDITION NO. 428;
TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell received a petition from Spartan Holdings, LLC, the owners of
the above -referenced property, requesting the City of Kalispell annex the territory
into the City; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-17-01, dated March 30, 2017; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the
territory be zoned RA-2, Residential Apartment, on approximately 37 acres of land
and B-2, General Business, on approximately 19 acres of land upon annexation into
the City of Kalispell; and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That all the real property described as Assessor's Tracts 1F and 3A in Section
25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana
and as further described on Exhibit "A"; Tract 3AD in Section 25, Township
29 North, Range 22 West, P.M.M., Flathead County, Montana and further
described as Parcel B Of COS 13982; and Assessor's Tract 2B in Section 24,
Township 29 North, Range 22 West, P.M.M., Flathead County, Montana be
annexed to the City of Kalispell and the boundary of the City is altered to so
provide.
SECTION 2. 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.
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 its citizens and property
shall be subject 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 3. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell Zoning Ordinance.
SECTION 4. This Resolution shall be 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 5TH DAY OF JUNE, 2017.
Mark Johnsonl,,3
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
EXHIBIT "A"
All that part of the North Half of the Northeast Quarter lying Easterly and Northerly of the center of
Stillwater River, of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana.
EXCEPTING THEREFROM a strip of land described as:
Commencing at a point 33 feet West of the Northeast corner of the Northeast Quarter of the Northeast
Quarter of said Section 25; thence
West and along the North line of the North Half of the Northeast Quarter a distance of 1320 feet to a
point; thence
South a distance of 33 feet to a point; thence
East a distance of 1320 feet to the West line of the State Highway; thence
North a distance of 33 feet to the Place of Beginning.
ALSO EXCEPTING THEREFROM
Parcels A, B and C of Certificate of Survey No. 12011, located and being in the North Half of the
Northeast Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County,
Montana.
ALSO EXCEPTING THEREFROM
That portion conveyed in Bargain and Sale Deed to the State of Montana Department of Transportation,
recorded May 7, 1992 as Document#9212809570, records of Flathead County, Montana.
ALSO EXCEPTING THEREFROM
That portion conveyed in Bargain and Sale Deed to the State of Montana Department of Transportation,
recorded May 7, 1992 as Document #9212809580, records of Flathead County, Montana.