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Resolution 4886/Annexation011 16 I RESOLUTION NO. 4886 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS NOLAN ADDITION NO.344; 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 Nolan Holdings, LLC, the owner of property located in the southwest corner of the intersection of US 93 North and Four Mile Drive, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri--City Planning Office has made a report on Nolan Holdings, LLC's Annexation Request, KA-04-6 and KPUD-04-3, dated April 6, 2004, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-S, Residential/Professional Office with a PUD overlay, on approximately 3.9 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 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 Nolan Addition No. 344. 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. t 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 MAY, 2004, Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk NOLAN MOLDINGS, LLC LEGAL DESCRIPTION The property is described as: Parcel A of Certificate of Survey No. 7966 in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and including that portion of Four Mile Drive that abuts Parcel .A extending to the centerline of the RIW of Four Mile Drive, and excepting therefrom State of Montana right of way as described more particularly in Document No. 198525214470 of record of Flathead County. EC QED rN 7i e0Q65OFaA 7CAD XW ZYa7-A7 idr P