Resolution 5290 - Resolution of Intention & Call for PH - De-annexation - Lorna Wilson (River Glen Subdivision)RESOLUTION NO.5290
A RESOLUTION OF INTENTION TO EXCLUDE CERTAIN TERRITORY FROM THE
CITY OF KALISPELL, UNDER THE PROVISIONS OF 'T"`ITLE 7, PART 48, M.C.A.
(EXCLUSION OF LAND), COMPRISING A TRACT 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 HEARING.
WHEREAS, on October 6, 2003, the City Council of the City of Kalispell, Montana, approved
Resolution 4836, which annexed certain real property located on the east side of
South Woodland Drive, south of Quincy Loop, and
WHEREAS, Lorna M. Wilson, the owner of a portion of the real property annexed, petitioned the
City of Kalispell to exclude that portion of the annexation which was incorrectly
included in Resolution 4836 and is more particularly described in Exhibit "A", and
WHEREAS, the City of Kalispell desires to exclude the property from the City limits under the
provisions of Title 7, Part 48 of the Montana Code Annotated (Exclusion of Land),
and
WHEREAS, the Kalispell City Council 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 mar the symmetry of the City of Kalispell,
and
WHEREAS, the Kalispell City Council shall on the 2nd day of September, 2008, hold a Public
Hearing, pursuant to MCA 7-2-4314, to hear all persons and things relative to the
proposed exclusion of the territory described in Exhibit "A" in accordance With the
Kalispell Zoning ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALIS PELL, AS FOLLOWS:
SECTION I. That it is the intention of the City of Kalispell that certain territory
described in Exhibit "A" be excluded from the corporate limits of the
City and the boundaries of the City be so altered so as to exclude the
same.
SECTION II. That a public hearing shall be held to hear all persons and things
relative to the proposed exclusion of the territory described in Exhibit
"A" at 7:00 pm on the 2nd day of September, 2008 in the Council
Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell, MT.
SECTION III. The City Clerk shall immediately notify, in writing, all registered
voters in the territory to be excluded 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
exclusion.
SECTION IV. The City Council, after considering all of the evidence, may adopt a
resolution approving the exclusion and the boundaries of the City
shall thereby be altered to exclude the property described in Exhibit
"A"
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 4TH DAY OF AUGUST,
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
A tract of land, situate, lying and being in the SE 1/4 SE 1/4 of Section 17, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows:
Beginning at the Northwest corner of Lot 25A of the Amended Plat of Lots 25 and 26, Block 1, of
Greenacres, a map or plat on file and of record in the office of the Flathead County Clerk and
Recorder; thence S 89' 17' 5 8" E, along the north line of said Lot 25A, 325.25 feet to the Northeast
corner of said Lot 25A; thence S 00°04'33" E. along the east line of said Lot 25A, 10.47 feet to a
point; thence N 89' 18' 3 8" W, 326.25 feet to a point on the West line of said Lot 25A; thence N
00°04'33" W. along the west line of said Lot 25A, 10.53 feet to the point of beginning. Containing
0.079 acres of land more or less.