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Resolution 5288 - Resolution of Intention & Call for PH - Wholly Surrounded PropertiesRESOLUTION NO, 5288 A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF KALISPELL, UNDER. THE PROVISIONS OF TITLE 7, PART 45, M,C.A, (ANNEXATION OF WHOLLY SURROUNDED LAND), COMPRISING TRACTS OF LAND, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW, AND SETTING A PUBLIC NEARING. WHEREAS, in the judgment of the City Council of the City of Kalispell, Montana, it is in the best interest of the City of Kalispell and the inhabitants thereof, that the tracts of land wholly surrounded by the City of Kalispell and described in Exhibit "A", be annexed to the City of Kalispell, so that the boundaries of the City of Kalispell would be extended so as to include the same within the corporate limits of the City; and WHEREAS, the City of Kalispell desires to annex the property into the City limits under the provisions of Title 7, Part 45 of the Montana Code Annotated (Annexation of wholly Surrounded Land); and WHEREAS, on the 6th day of November, 1995, the City Council adopted, pursuant to Title 7, Chapter Z, Part 47 Montana Code Annotated, an Extension of Services Plan which anticipated development of City services approximately five years in the future, said Plan being amended on the 1st day of March, 1999 and again on the 20th day of September, 2004, and WHEREAS, the Kalispell City Council shall on the 4th day of August, 2008, hold a Public Hearing, pursuant to MCA 7-2-4314, to hear all persons and things relative to the proposed annexation of the territory described in Exhibit "A" in accordance with the Kalispell Zoning ordinance, in the event the territory is annexed to the City. Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I, That it is the intention of the City of Kalispell that certain territory described in Exhibit "A" be embraced within the corporate limits of the City and the boundaries of the City be so extended so as to include the same. SECTION II. That it is further the intention of the City of Kalispell that said property described in Exhibit "A" be zoned in accordance with the Kalispell Zoning ordinance, ordinance No. 1460, as amended. SECTION III. That a public hearing shall be held to hear all persons and things relative to the proposed annexation of the territory described in Exhibit "A" at 7:00 pm on the 18th day of August, 2008 in the Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell, MT. SECTION IV. The City Clerk sham immediately notify, in writing, all registered voters in the territory to be embraced and publish a notice in the Daily Inter Lake, a daily newspaper published at Kalispell, Montana, of this Resolution of Intention pursuant to 7-1-4127 MCA, said notice also stating the time and place set for the public hearing on the proposed annexation. SECTION V. The City Council, after considering all of the evidence, may adopt a resolution approving the annexation and the boundaries of the City shall thereby be extended to include the property described in Exhibit "X` PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 21ST DAY OF JULY, 2008. ATTEST: Theresa white City Clerk EXHIBIT "A" Southwest Corner of Four Mile Drive and US 93 -- Approximately .13 acres Owner — State of Montana A tract of land located in Section 1, Township 2$ North, Range 22 west, Principal Meridian Montana, Flathead County, Montana and more particularly described as Tract 2XBA in Government Lot 1 with Assessor Number E004095 records of Flathead County, Montana. Highway 93 and Indian Trail Owner — Flathead County A tract of land located in Section 6, Township 28 North, Range 21 Nest, Principal Meridian, Montana, Flathead County, Montana Lot 3 & 4 and more particularly described as Tract 3CA with Assessor Number E003000 records of Flathead County, Montana Also A tract of land located in Section 1, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana Lot 1 and more particularly described as Tract 2DCA with Assessor Number E003000 records of Flathead County, Montana. Portion of Lot 1 Block 14 of Northridge Heights 5 -- Approximately .01 acres Owner — Craig & Charmalee Drew A tract of land located in Section 1, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as that Northwest Triangle Northridge Heights Section 5 of Amended Lot 1 in Block 14 with Assessor Number 0001072 records of Flathead County, Montana. Parcel Near Northridge Drive — Approximately .01 acres Owner — Linda M. Cloutier A tract of land located in the SWI/4NE1/4 of Section 1, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract 2Z with Assessor Number 0974513 records of Flathead County, Montana. Parcel Near Northridge Drive and Hilltop Avenue -- Approximately .03 acres Owner - Chris & Marcie west A tract of land located in the SWI/4NEI/4 of Section 1, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract 2M with Assessor Number 0360736 records of Flathead County, Montana. Parcel Located in Buffalo Bills Golf Course Owner — Kalispell Golf Association A tract of land located in Section 6, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as Tract 5ACA in Lot 12 with Assessor Number 0428005 records of Flathead County, Montana.