Loading...
Ordinance 1083 - Annexation - Kalispell HotelORDINANCE NO. 1083 AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN REAL PROPERTY TO BE KNOWN AS "KALISPELL MOTEL ADDITION NO. 195 TO KALISPELL"; TO ZONE SAID PROPERTY AS "COMMUNITY BUSINESS, B-4" AND TO AMEND THE CITY ZONING MAP ACCORDINGLY. WHEREAS, the City Council of the City of Kalispell did on the 17th day of March, 1986, adopt Resolution No. 3638 to consider the annexation of certain real property, said real property being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof; to be kown as "Kalispell Motel Addition No. 195 to Kalispell"; and pursuant thereto, the City Council did set a Public Hearing to be held on said Resolution, and due and proper notice of said Public Hearing was given by the City Clerk -Treasurer; and WHEREAS, a Public Hearing was duly held by the City Council pursuant to said notice at its regular meeting on the 19th day of May, 1986, and at such Public Hearing, the City Council, after consideration of the report made and filed as required by Section 7-2-4731, M.C.A, and hearing all of the evidence presented on said Resolution did find that all standards for annexation set out in Section 7-2-4734, M.C.A., as amended, were met and duly considered; and WHEREAS, the owner of said real property, LSR, a Partnership, has consented to the annexation in writing by executing a Consent to Annex Agreement and Notice of Withdrawal from Rural Fire District; and WHEREAS, the City does intend to provide all services to said realty being annexed as set forth in the report made and filed with the City Clerk -Treasurer as required by Section 7-2-4731, M.C.A.; and WHEREAS, the effective date of said annexation should be the date that the City Clerk -Treasurer does, pursuant to an order of the City Council, file with the Flathead County Clerk and Recorder, a copy for the record as entered on the minutes of the City Council of these proceedings; and WHEREAS, upon the recommendation of the Kalispell City -County Planning Board and Zoning Commission therefore, a Public Hearing was duly noted and held on the 19th day of May, 1986, by the City Council concerning the designation of said area as Community Business B-4 District under the City of Kalispell Zoning Ordinance; and after hearing and considering the evidence presented at said Public Hearing, the City Council did approve such zoning classification as proper for all said realty; and WHEREAS, the proposed "Kalispell Motel Addition No. 195" to Kalispell is included within and conforms to the Kalispell City -County Master Plan. NOW AND THEREFORE, BE IT ORDAINED THAT: SECTION I. The real property as is more particularly described in Exhibit "A" attached hereto, shall be annexed to the City of Kalispell and the boundaries of the City are so altered to so provide. SECTION II. If within twenty (20) days of the 19th day of May, 1986, said date being the date of the Public Hearing held by the City Council on the Resolution of Intention No. 3638, there are not received by the City Clerk -Treasurer expressions of disapproval of this annexation made in writing by a majority of the resident freeholders of said area or the owners of more than 75% in assessed value of the real estate in the territory to be annexed, the City Clerk -Treasurer is directed to then 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. SECTION III. From and after the date of filing of said documents as prepared by the City Clerk -Treasurer, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and said territory and its citizens and property shall be subject to all debts, laws and ordinances and regulations enforced in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION IV. All of said realty so annexed to the City shall be "Community Business, B-4" district under the City of Kalispell's Zoning Ordinance; and the City zoning map shall be amended to so reflect. SECTION V. This Ordinance shall be effective thirty (30) days from and after its final passage by the City Council and approval by the Mayor. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 4th DAY OF August , 1986. /X ohn "Ed" Kennedy Jr'. , Mayor ATTEST: City Clerk -Treasurer EXHIBIT "A" Commencing at a found iron pin which is on the Southerly R/W of East Washington Street and being 16 feet easterly of the Northeast corner of Lot 1, Block 10 of Duncan's Addition to Kalispell (Records of Flathead County); thence N76011'0011E and along the Southerly R/W of said East Washington Street a distance of 141.88 feet to a found iron pin and the true point of beginning of the tract of land herein described; thence continuing along said Southerly R/W N76011100"E 161.14 feet to a set iron pin, thence leaving said R/W S13049100"E 283.00 feet to a set iron pin on the Northerly R/W of U.S. Highway No. 2; thence along the Northerly R/�V of said U.S. Highway No. 2 the following 3 courses: S7601110011W 112.14 feet; S1304910011E 13.00 feet, S76011'00"W 49.00 feet to a set iron pin; thence leaving said Northerly R/W N13049'00"W 296.00 feet to the point of beginning and containing 1.062 acres, subject to and together with a 20 foot private road easement as shown herein; subject to and together with all easements of record.