Resolution 5152/AnnexationReturn to:
Theresa White
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
2006291 ) () C) H ()
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PAULA ROR N'SON E ! A !':rl AD �0fJt17Y it',f�i'� jrti drl
RESOLUTION NO. 5152
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 ASSESSORS TRACTS 6AAK, 6DI
AND 6AB LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
-- FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS HERSHBERGER ADDITION NO.
383; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, on April 29, 2005, the City of Kalispell received a petition from Lee and Linda
rJ' Hershberger, the owners of property located north of Highway 2 West, on the east side of
Hathaway Lane, requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, on June 14, 2005, the Kalispell City Planning Board and Zoning Commission held a
public hearing on the matter, and continued the public hearing in order for the developers
to address concerns raised by the Board and the public, and
WHEREAS, the Kalispell Planning Department made a report on the Hershberger's revised
Annexation Request, #KA-05-8A (Amended), dated September 7, 2005, and
WHEREAS, on September 13, 2005, the Kalispell City Planning Board and Zoning Commission held
a public hearing and recommended that the territory be zoned City R-2, Suburban
Residential on approximately 8.69 acres upon annexation into the City of Kalispell, and
WHEREAS, on October 3, 2005, the Kalispell City Council denied the annexation request due to
concerns including a lack of a second access out of the development, unresolved traffic
issues at the intersection of Hathaway Lane and US 2 West, a cul-de-sac which exceeded
the City's 600 foot maximum, and neighborhood compatibility issues, and
WHEREAS, since that time, the applicants have made revisions to the subdivision, resolved the traffic
issues to MDT's satisfaction, applied for a variance for the cul-de-sac, attempted to
resolve the neighbor's concerns, and on July 27, 2006, resubmitted the subdivision for
annexation, and
WHEREAS, the Kalispell Planning Department has made a report on the Hershberger's most recent
Annexation Request, #KA-06-7, dated July 25, 2006, and
2006291 10oy0
WHEREAS, on August 8, 2006, the Kalispell City Planning Board and Zoning Commission held a
public hearing and denied a recommendation that the territory be zoned City R-2,
Suburban Residential on approximately 8.69 acres upon annexation into the City of
Kalispell, due to a vote of two in favor and two opposed, and
WHEREAS, the City Council has considered all evidence provided by the proceedings of the Kalispell
City Planning Board, including all testimony and written comments of the public, and
hereby adopts the Kalispell Planning Department Report #KA-06-7 as its findings of fact
and determines that it is in the best interests of the City 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 be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and shall
be known as Hershberger Addition No. 383.
SECTION H. 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 2ND DAY OF OCTOBER, 2006.
ATTEST:
11, �-- � Z' �/-/ 0 1
Theresa White
City Clerk
Pamela B. Kenned
Mayor
2006291 10 0 y ()
EXHIBIT A
Legal Descr7ptloms
parcel 1
An thatportim ofthe Southwest Quarter, Section 12, Township 28 North, I angc 22 West, I? M.M, Flathead
County, M mians, amm particularly described as follows.
Cuu:Gr meing at a point on the north tine of Old US. flovvay Alo. 7, crossing the southerly portion afraid
,subdivision, said point being North 8r4YOS" Eass4 alaag the south sectiaA line, a distance of I14.5.06 feet and
Noah 000139150 hest+ a disbmee of2&00 f from the southwest career ofthe above said Swnn 12, Township
28 North, RmP22W64 sakipoIntbefug the southwest comer of tW cerhik act ofland dmanbedits deed to
Samuct S. Davis and Leona I. Dsv* recdrdcd Amc 7, 1965 under Recordar's Fee No. 47791n Book 473,
563s records ofFlathead County, Morrta o; Me= North 00'1395" Vest along the west bowdacy ofsWd Davis
tract, 630.84 to the rrorihwest cow" thercots swpoiut #c rag sloe PViUtQfDOgiUuiqg of the parcel king
desd nibea t cue along the north boundary ofsaidDavis Try, North 89 -46'25" East 115.36 foot to die norihmf
cortrcr tbrreog thence along the east boumdary of said tract: South C,t '13"3r East 234480 feet to the northwest
caratr ofthat prarcet descrifwd in Book 305, Page 3I .I, rcccrds ofF athuad County; Murton tbm= d wg the
north Ions afraid peel and continuing along the north tine of that pmreI descrgbsd in Book 300, Page 84,
records ofFiathead County, MonMOA North 8.9 O'08"East 234.85 feet to the west Inv ofthat parcel d=bbed
in Beak 484, Page.207, records ofFlathead Cb unty, Montana; thencc along the west liar ofsaid parcels
North 00*1452"West 114.41feet tothe nord tcornerthorcol thence along thenorthDineofswdtract;aad
con the nmth here of pal described in Book387, Pagc232, records ofFiat eadCouuty,
Montana, North 89114 YOS"Fast 179.96fee!4 thence NWth 00 T71009 West215.61 feet! thence
,North 8903814P East 32715 feet to the cast line ufthe West Flaff of the Southeast Quartrs- of the Southwest
QLartrxoftheabovesaid Section 12; thence along sAamt lice ofsaid.aligturr part, North tr 01'1�" West 360.00
feet thence South 8,9'° 08" West 500.66 feet to a point wlti€h .Is on the fly extension afthe west line of
thatpawd min Bock484 Page207, records ofFlathead County, A fo amaa; Oence South OV141521"East
15.2.14faettotlenedklWaofthetparrd desenbedinDocrarzwtNo 20MOI14320,recordsofFhdread
Coiw%.Mbmta" theuca along the words Iftte afraid parcet South 89054141" West 350,01 fat to tho eaverty
bouncEnyoflladmayI)ri 4 a 60 toot wide deeded county =4 destxrlredin Book 445, FAp 341, rwe wds of
Flathead testy, lea; thence alto n d to *crty bmwdery ofswd Kathaway Dam South 00"13"35" Last
304.62 foot todwpoint afbegiuuning, conbiWaa 8.694 acres ot=land,
AV as shown on the attached Caidficato of Survey. which is trcrcwitb invogwrated in and made a part of tWs
legal dese pd=
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