Loading...
Resolution 4826/Annexation Phases V-VIIRESOLUTION NO. 4826 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", LOCATED IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS ASHLEY PARK PHASES V-VII ADDITION NO. 334; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from the Somers Land Co., the owner of property located on the west side of Airport Road, south of Ruddy Duck Drive and west of Merganser Drive in the Ashley Park Subdivision, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Somers Land Co.'s Annexation Request, #KA-03-14, dated August 5, 2003, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-4, Two Family Residential, on approximately 31 A acres, 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 I. That all the real property as described on Exhibit "A" be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Ashley Park Phases V-VII Addition No. 334. SECTION II. 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. s O I SECTION 111. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. 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 ISTH DAY OF AjjGKST, 2003. ATTEST: �a Theresa White City Clerk M STATE OF MONTANA I County of Flathead SS ayf�Q� City of KaCspel[ia�aa�anaa�3l s>? I hereby certify that the instrum M to vvtkh tf 13 affixed is a true, c:carred and aamnared CCN Of ttaa 06ml on fps In office of the Clef of tlta CRY Of Kaf'Wae8, ltiitraess my hand and the Mal a-- the Cjtpt tali, Fathead, li�tRtti'Sr to� l b r ,t 003Z M-00' EXHIBIT A ASHLEY PARK PHASES 5, 6 & 7 PURPOSE OF SURVEY: ANNEXATION DESCRIPTION: A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the northwest corner of the Northwest Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana; Thence along the north boundary of said NW1/4SE1/4 N8803911011E 692.53 feet to a found iron pin on the west boundary of the Plat of ASHLEY PARK, PHASE 3 (records of Flathead County, Montana); Thence along said boundary S01021129,,E 107.05 feet to a found iron pin; Thence S3801313311W 85.62 feet to a found iron pin; Thence SOla21'29"E 487.00 feet to a found iron pin and the southwest corner of said Phase 3; Thence along the south boundary of said Phase 3, N88039110"E 560.00 feet to the southeast corner of said Phase 3; Thence along the east boundary of said Phase 3, N01021129"W 37.00 feet to a found iron pin and the southwest corner of the Plat of ASHLEY PARK, PHASE 2 (records of Flathead County, Montana); Thence along the south boundary of said Phase 2, N88038131"E 286.00 feet to a found iron pin; Thence S0102112911E 37.00 feet to a found iron pin; Thence N8803813111E 274.00 feet to a found iron pin and the northwest corner of the Plat of ASHLEY PARK, PHASE 4 (records of Flathead County, Montana); Thence along the west boundary of said Phase 4, S0102112911E 487.12 feet to a found iron pin; Thence S88038152"W 5.00 feet to a found iron pin; Thence SO1o2112911E 169.65 feet to a found iron pin on the south boundary of the North Half of said Southeast Quarter of Section 19; Thence leaving said west boundary of Phase 4 and along said south boundary of said N1/2SE1/4 S8900315211W 1194,31 feet to the northeasterly R/W of Burlington Northern Railroad; Thence along said R/W N36a44147"W 586.27 feet to a found iron pin and the P.C. of a 5399.14 foot radius curve, concave southwesterly, having a central angle of 02055100"; Thence along an arc length of 274.85 feet to a found iron pin; Thence N3903914711W 103.97 feet to a found iron pin on the west boundary of said NW1/4SE1/4; Thence leaving said R/W and along said west boundary.N00a16'00"W 528.89 feet to the point of beginning and containing 31.395 ACRES; Subject to and together with all appurtenant easements of record. STATE OF MONTANA County of Flathead n RECORDED AT THE REQUEST OF THIS DAY OF 20 0,3 AT O'CLOCK AND RECORDED IN THE RECORDS O FLATHEAD COUNTY, S ATE OF MONTANA. FEE $ Ig- PD. n, (Flathead County tlerk and Recorder) RECEPTION NO. RETURN TO _ t_ 0�r; L�_.Q (Deputy Clerk)