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Resolutions 4525/Annexation Phase III2034 RESOLUTION NO. 4525 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNE]CATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", TO BE KNOWN AS ASHLEY PARK PHASE III; 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 Dennis Carver, of Somers Land Company, the owners of property located on the west side of Airport Road and south of Ashley Creek and described in Exhibit A, attached hereto and thereby made a part hereof, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Flathead Regional Development Office has made a report on Somers Land Company Group's Annexation Request, #KA-99-7, dated December 7, 1959, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell, and WHEREAS, said territory is included within and conforms to the Kalispell City -County Master Plan, 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 in 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 Phase III. 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. 2035 PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF JANUARY, 2000. ATTEST: Theresa White City Clerk EXHIBIT A WM.F_.5aharSk1 . Wm. E. Boharski Mayor LEGAL DESCRIPTION FOR ASHLEY PARK PHASE M ANNEXATION AND INITIAL ZONING OF R-4 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: Commencing at the northeast 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 S88'3911011W 120.00 feet to a set iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence S01'2112911E 107.05 feet to a set iron pin; Thence N8 8 ' 38 ' 31 "E 13.00 feet to a found iron pin; � Thence S01 ' 21' 29"E 66.00 feet to a found iron pin; Thence S88.3813111W 33.00 feet to a found iron pin; Thence S01'21129"i 487.00 feet to a set iron pin; Thence S88'39'10"W 560.00 feet to a set iron pin; Thence N01'2112911W 487.00 feet to a set iron pin; Thence N38'13133"E 85.62 feet to a set iron pin; Thence NOL'21129"W 107.05 feet to a set iron pin on the north boundary of said NW1/4SE1/4; Thence along said north boundary N88'39'10"E 525.44 feet to the point of ■ beginning and containing 8 - 409 ACRES: Subject to and together with n7 1 �r�r���rtenan� ewe erwant� n,G ror�n rr7