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Resolution 5124/Annexationo U Return to: Theresa White Kalispell City Clerk, POBox 1997 --•.....:........._.-.._::__...:__._.....::. Kalispell, ..............:.__......._ _._.... _ - ...... too PAC - .. ..:.,. RESOLUTION NO. 5124 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF Uj THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN Ix REAL PROPERTY, MORE PARTICULARLY DESCRIBED ON "EXHIBIT A", LOCATED . IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS RIEBE/WEBSTER ADDITION NO.381.; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. 06 WHEREAS, the City of Kalispell has received a petition from Allen and Virginia Riebe, William rand Cindy Riebe and Polly Webster, the owners of property located along the cr southern side of Three Mile Drive approximately 400 feet west of the intersection of Three Mile Drive and Stillwater Drive, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Kalispell Planning Department has made a report on the Riebe/Webster Annexation Request, #KA-06-4, dated June 5, 2006, and r (I- WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-2, Single Family Residential, on approximately 12.84 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 be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Riebe/Webster Addition No. 38L 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 3RD DAY OF JULY, 2 0(r- ATTEST: Theresa White City Clerk Pamela B. Mayor EXHIBIT "A" A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the southwest corner of the Northwest Quarter of the Northwest Quarter of Section 1.2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana which is a found iron pin; Thence along the west boundary of said NW 1 /4 NW 1 /4 N04°42' 16" E 1248.78 feet to a found iron pin on the southerly R/W of Three Mile Drive; Thence along said R/W N89°58'44" E 450.09 feet; Thence leaving said R/W SO4°42'48" W 1246.27 feet to a found iron pin; Thence S89°39'33" W 450.11 feet to the point of beginning and containing 12.844 ACRES; Subject to and together with all appurtenant easements of record.