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Resolution 5175/Annexation2Q0'�iJ86 I d Z.. (v f7 Return to: Theresa White Kalispell City Clerk PO Box 1997� Kalispell, MT 59903 C)AT E, �-� ��. - �. T /0'Z (o _ C' mc., 'i"I ! POVIINSON FLATHEAb COUNTY AA.rJNTANA RESOLUTION NO. 5175 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS PARCELS A & B OF CERTIFICATE OF SURVEY NO.14634 AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS BLUE SKIES ADDITION NO. 388; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. g WHEREAS, the City of Kalispell has received a petition from James and Peggy Mathiason, the owners of property located on the east side of Valley View Drive approximately 1,000 feet south of the intersection of Foys Lake Road, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA-06-16, dated December 26, 2006, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-3, Urban Single Family Residential, on approximately 2 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 above and 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 Blue Skies Addition No. 388. 20owsr. ) o-z (vO 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. SECTION III. 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 5TH DAY OF FEBRUARY, 2007. ATTEST: Theresa White City Clerk 2007086 COO Exhibit A Mathiason Annexation KA-06-16 Legal Description The property is described as: Parcels A 8v B of Certificate of Survey No. 14634 in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Parcel A A tract of land, situated, lying, and being in the SE 1/4 of the SE 1/4 of Section 13, Township 28 North, Range 22 West, Principal Meridian, Flathead County, Montana, and being more particularly described as follows: Beginning at a 5/8" rebar from which the south one -sixteenth section corner for Section 13, Township 28 North, Range 22 West and Section 18, Township 28 North, Range 21 West bears N 18°51'58" E a distance of 885.27 feet; thence S 82'29'11" W a distance of 342.70 feet to a 5/8" rebar on the easterly right of way of Valley View Drive; thence continuing S 82'29'11" W a distance of 30.78 feet to a point; thence N 20°27'06" W a distance of 104.47 feet to a point; thence N 77°58'57" E a distance of 30.33 feet to a 5/8" rebar; thence continuing N 77°5857" E a distance of 360.23 feet to a 5/8" rebar; thence continuing N 77°58'57" E a distance of 1.94 feet to a 5/8" rebar; thence S 09155'35" E a distance of 132.75 feet to the Point of Beginning; Containing 1.03 acres more or less. Subject to all appurtant easements of record. Parcel B A tract of land, situated, lying, and being in the SE 1/4 of the SE 1/4 of Section 13, Township 28 North, Range 22 West, Principal Meridian, Flathead County, Montana, and being more particularly described as follows: Beginning at a 5/8" rebar from which the south one -sixteenth section corner for Section 13, Township 28 North, Range 22 West and Section 18, Township 28 North, Range 21 West bears N 18°51'58" E a distance of 885.27 feet thence S 82'29'11" W a distance of 342.70 feet to a 5/8" rebar on the easterly right of way of Valley View Drive; thence continuing S 82'29'11" W a distance of 30.78 feet to a point; thence S 20°27'06" E a distance of 104.47 feet to a point; thence N 89°29'40" E a distance of 31.91 feet to a 5/8" rebar; thence continuing N 89°29'40" E a distance of 329.48 feet to a 5/8" rebar; thence continuing N 89°2948" E a distance of 2.68 feet to a 5/8" rebar; thence around a curve to the right through a central angle of 03°3246", an arc distance of 124.39 feet, a chord bearing of N 12"16'25" W a distance of 124.37 feet to a 5/8" rebar; thence N 09°55'35" W a distance of 22.32 feet to the Point of Beginning; Containing 1.03 acres more or less. Subject to all appurtant easements of record.