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Resolution 5308 - De-annexation - Lorna WilsonReturn to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 N 200800026088 Im��IIII�III"I�II��II'uIIIIIIIINI�II page: 1 of 2 Fees: $14.00 Paula Robinson, Flathead County MT by NC 9ig/2008 10:43 AM RESOLUTION No, 5308 A RESOLUTION EXCLUDING CERTAIN TERRITORY FROM THE CITY OF KALISPELL, UNDER THE PROVISIONS OF TITLE 7, PART 48, M.C.A. (EXCLUSION OF ), COMPRISING TRACT OF LAND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", AND SETTING AN EFFECTIVE DATE. CD WHEREAS, on October 6, 2003, the City Council of the City of Kalispell, Montana, approved 2CL Resolution 4836, which annexed certain real property located on the east side of CL South Woodland Drive, south of Quincy Loop, and An WHEREAS, Lorna M. Wilson, the owner of a portion of the real property annexed, petitioned the City of Kalispell to exclude that portion of the annexation which was incorrectly included in Resolution 4836 and is more particularly described in Exhibit "A" and WHEREAS, the City of Kalispell desires to exclude the property from the City limits under the provisions of Title 7, Part 48 of the Montana Code Annotated (Exclusion of Land), and WHEREAS, the City Council of the City of Kalispell finds that the petition to exclude the property Was signed by a qualified elector, that the territory is within and on the border of the corporate limits, and the granting of the petition is in the best interest of the City of Kalispell and its inhabitants and will not materially mar the symmetry of the City of Kalispell, and WHEREAS, the City Council of the City of Kalispell, on August 4, 2008, passed Resolution 5290, a Resolution of Intention to Exclude Certain Territory from the City of Kalispell, and WHEREAS, on September 2, 2008, the City Council of the City of Kalispell held a public hearing, after due and proper notice, and received public comment upon, the request to exclude that certain property, and WHEREAS, at the conclusion of said public hearing and after consideration of the proposed exclusion, the City Council of the City of Kalispell finds that it is in the best interest HII�IIINIIIRIIIVIIIDIIIflIIINIIIVIIIVIIIIIIIINIIIVIIINIIIullll FeQe,°$°4DOas Paula Robinson, Flathead county MT by xc s/ie/looe 1o:43 AM of the City to exclude that territory as more particularly described on Exhibit "A", attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the certain territory described in Exhibit "A" is hereby excluded from the corporate limits of the City and the boundaries of the City are so altered so as to exclude the same. SECTION II. 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 SEPTEMBE 08. Pamela B. Kennedy Mayor ATTEST: S Theresa White O. 0 City Clerk A 9680000000600 / W 92 EXHIBIT "A" A tract of land, situate, lying and being in the SE 1/4 SE 1/4 of Section 17, Township 28 North, Range 21 Nest, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the Northwest corner of Lot 25A of the Amended Plat of Lots 25 and 26, Block 1, of Greenacres, a neap or plat on file and of record in the office of the Flathead County Clerk and Recorder; thence S 89' 17' 5 8" E, along the north line of said Lot 25A, 326.25 feet to the Northeast corner of said Lot 25A; thence S 00°04'33" E, along the east line of said Lot 25A, 10.47 feet to a point; thence N 8 9° 18' 3 8" W, 326.25 feet to a point on the west line of said Lot 25A; thence N 00004' 3 3" W. along the west line of said Lot 25A, 10.53 feet to the point of beginning. Containing 0.079 acres of land more or less.