Resolution 5251/AnnexationReturn to:
Theresa White 11111111111 IN 111111111111111111111 gill gill 11111111111111111111111111111111111111111111111111111111111111
Kalispell City Clerk 200700037957 Fees: $35.00 by: DD
P0 Box 1997 RESOLUTION - PROPERTY by KALISPELL CITY ATTN/T
Kalispell, MT 59903 Date 12/18/2007 Time 2:36 PM Page: I of 5
Paula Robinson, Flathead County Montana
RESOLUTION NO. 5251
r1n
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY LOCATED WITHIN THE NORTH HALF OF THE NORTH HALF OF
THE SOUTH HALF OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA AND DESCRIBED AS CERTAIN TRACTS WITHIN
CERTIFICATE OF SURVEY NO. 18086 AND MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO, TO BE KNOWN AS WILLOW CREEKADDITION
0
NO. 398; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL
ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
a.
a-
WHEREAS, the City of Kalispell has received a petition from Wayne Turner, the owner of
property located on the north side of Foys Lake Road 1/4mile west of the current city
limits along Meridian Road, requesting that the City of Kalispell annex the territory
Ir
,V
into the City, and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-07-13, dated November 27, 2007, and
1711-
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-3, Urban Single Family Residential, on approximately 165
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.
14) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
t�� KALISPELL AS FOLLOWS:
fl-
SECTION 1. 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 Willow Creek Addition No. 398.
Q)
SECTION 11. 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 111. 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
ATTEST:
Theresa White
City Clerk
III III IIII ITI 11111 11111 1111111
Document Number: 200700037957
Page: 2
EXHIBIT 46A99
DESCRIPTION: TRACTS 6 -12 C.O.S. 18086 (KA-07-03)
SEVEN TRACTS OF LAND, SITUATED, LYING AND BENG IN THE
NORTHEAST QUARTER, IN THE EAST HALF OF THE NORTHWEST QUARTER
and IN THE NORTH HALF OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND
MORE PARTICULARLY DESCREBED AS FOLLOWS TO WIT:
BEGINNING at the southwest comer of the Southeast Quarter of the Northwest Quarter
of Section 13, 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 SEl/4NWl/4
N01 023'l 1"E 113.67 feet to the approximate centerline of Ashley Creek; Thence along
said centerline the following forty-seven (47) courses: S80'05'06"E 171.35 feet;
S62032'54"E 71.38 feet; N78'02'43"E 47.67 feet; N43'37'57"E 37.60 feet;
N36"55'34"W 109.85 feet; N70'34'00"W 79.56 feet; N43'21'40"W 41.65 feet;
N060 10'5 1 "W 48.92 feet; N80*03'00"E 93.85 feet; N27'1 9'3 1 "E 85.09 feet;
N80016'1 1 "E 40.93 feet; S40053'57"E 108.50 feet; S84*32'52"E 58.99 feet;
N5 101 1'26"E 163.69 feet; N69'24'28"E 243.84 feet; N2301 0'14"E 69.84 feet;
N56050'16'V 73.43 feet; S78052'33"W 62.38 feet; N84'47'04"W 117.18 feet;
N35051'01"W 67.06 feet; NORTH 100.11 feet; N32008'53"E 62.54 feet; N57'15'18"E
13 9.16 feet; N06'46'1 0"E 41.80 feet; N3 3 019'40"W 120.19 feet; N2 5'04'46"W 3 02.52
feet; N 15 "20'09'V 8 9.41 feet; N3 0'07'3 1 "E 3 1.48 feet; N82'1 8'5 3 "E 171.13 feet;
S88054'04"E 299.25 feet; S50037'19"E 126.73 feet; S62038'27"E 139.54 feet;
S48016'12"E 145.20 feet; S59'1 1'05"E 83.07 feet; S3 1'42'40"E 90.66 feet;
N81056'26"E 23.44 feet; N38033'03"E 91.97 feet; S84033'16"E 42.63 feet;
S21054'48"E 139.19 feet; S36003'50"E 177.44 feet; S69'5359"E 86.77 feet;
S48008'52"E 140.96 feet; S57033'33"E 197.73 feet; S84'01'20"E 53.40 feet;
N48030'21"E 76.31 feet; N17042'51"E 356.28 feet; N80015'38"E 30.92 feet to the
westerly RiW of the Proposed Highway by-pass; Thence leaving said centerline and
along said R/W S25023'01"E 72.19 feet; Thence S37'03'03"E 292.85 feet to a found
iron pin; Thence S 14029'29"E 1591.33 feet to a found iron pin; Thence S22053'1 I "E
189.98 feet to a found iron pin, which is on a 1500.14 foot radius curve, concave
northwesterly (radial bearing N28033'39"W); Thence southwesterly along said curve
through a central angle of 05' 18'18" an arc length of 13 8.90 feet to a found iron pin;
Thence S52*44'16"W 50.92 feet to a found iron pin and the P.C. of a 1513.27 foot radius
curve, concave northwesterly (radial bearing N21 02) 3'06'V); Thence southwesterly
along said curve through a central angle of 10'24'24" an arc length of 274.86 feet to a
found iron pin; Thence S60'52'44"W 69.26 feet to a found iron pin and the P.C. of a
15' ) 6.25 foot radius curve, concave northwesterly (radial bearing N08'3 1'22"W); Thence
southwesterly along said curve through a central angle of 05'56'38" an arc length of
t 59.37 feet to a found iron pin; Thence S88'47'44'V 112.46 feet to a found iron pin;
Thence S75'47'04"W 94.61 feet to a found iron pin on the northerly R/W of Foys Lake
Road; Thence leaving said by-pass R/W and along said Foys Lake Road R/W
S89035'22"W 2810.48 feet to a found iron pin on the centerline of a 60 foot private road
and utility easement; Thence leaving said R/W and along said centerline N00024'14"E
1258.55 feet to a found iron pin; Thence leaving said centerline N88'52'46"E 282.93 feet
Document Number: 200700037957
Page: 3
to the point of beginning and containing 138.940 ACRES; Subject to and together with a
60 foot private roads and utility easements; Subject to and together with all appurtenant
easements of record.
DESCRIPTION: A PORTION OF TRACT 3 OF C.O.S. 18086 (KA-07-13)
A PORTION OF TWO TRACTS OF LAND, SITUATED, LYING AND BEING IN
THE NORTHEAST QUARTER, IN THE EAST HALF OF THE NORTHWEST
QUARTER and IN THE NORTH HALF OF THE SOUTH HALF OF SECTION 13,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M-,M., FLATHEAD COUNTY,
MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
Commencing at the northeast comer of the Northwest Quarter of the Southwest Quarter
of Section 13, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana,
which is a found iron pin; Thence along the north boundary of said NW1/4SW1/4
S88052'46"W 282.93 feet to a found iron pin on the centerline of a 60 foot private road
and utility easement; Thence along said centerline S00024'14"W 1258.55 feet to a found
iron pin on the northerly R/W of Foys Lake Road; Thence leaving said centerline and
along said R/W N89'3 5'22"E 2810.48 feet to a found iron pin on the northerly and
westerly R/W of the Proposed Highway by-pass and THE TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence leaving said
Foys Lake Road R/W and along said by-pass RfW N75'47'04"E 94.61 feet to a found
iron pin; Thence N88'47'44"E 112.46 feet to a found iron pin and the P.C. of a 1536.25
foot radius curve, concave northwesterly (radial bearing NO2'34'44"W); Thence
northeasterly along said curve through a central angle of 05'56'38" an arc length of
159.3 )7 feet to a found iron pin; Thence N60'52'44"E 69.26 feet to a found iron pin and
the P.C. of a 1513.27 foot radius curve, concave northwesterly (radial bearing
N 10'5 8'42"W); Thence northeasterly along said curve through a central angle of
10'24'24" an arc length of 274.86 feet to a found iron pin; Thence N52'44'1 6"E 50.92
feet to a found iron pin and the P.C. of a 1500. 14 foot radius curve, concave
northwesterly (radial bearing N23'1 5'21 "W); Thence northeasterly along said curve
through a central angle of 05*18'18" an arc length of 138.90 feet to a found iron pin;
Thence N22*53'1 1"W 189.98 feet to a found iron pin; Thence N14129'29"W 1591.33
feet to a found iron pin; Thence N37*03'03"W 292.85 feet; Thence N25'23'01"W 72.19
feet to the approximate centerline of Ashley Creek, Thence along said centerline the
following eighteen (18) courses: N80'1 5'39"E 19.89 feet; S26'34'33"E 53.14 feet;
S72044'18"E 97.23 feet; S8204115811E 350.50 feet; S72051'01"E 95.70 feet;
S22003'11"E 78.74 feet; S57'23'38"E 148.56 feet; S2800314811E 160.49 feet;
S23 048'1 8"W 45.45 feet; S67'56'56"W 142.17 feet; S08'33'1 9"W 53.79 feet;
S36`12'49"E 13 )2.46 feet; S55'54'08"E 92.74 feet; Thence S10'04'14�'E 57.11 feet-,
S08028'49"W 15536 feet; S17059'19"E 65.38 feet; S47021'31"E 282.49 feet;
S27029'40"E 147.23 feet to the westerly R/W of Burlington Northern Railroad; Thence
leaving said centerline and along said RfW S 10'38'34"E 390.95 feet to a found iron pin
on the northerly RAV of Foys Lake Road; T hence leaving said railroad R/W and along
said Foys Lake Road R/-\V S27137'51"W 21.96 feet to a found iron pin; Thence
N550229'33 1"W 11.84 feet to a found concrete monument; Thence S' )2'5-' ) '35"W 24.55
111111111111111111 HE III III 11111111 11111111111111111111111111111111111111111111111111111111111111111
Document Number: 200700037957
Page: 4
feet to a found iron pin and the P.C. of a 1086.00 foot radius curve, concave
northwesterly (radial bearing N56127'34"W); Thence southwesterly along said curve
through a central angle of 44135'12" an arc length of 845.11 feet to found concrete
monument; Thence S64'02'40"W 38.75 feet to a found concrete monument and the P.C.
of a 1096.00 foot radius curve, concave northwesterly (radial bearing N09'43'38'V);
Thence southwesterly along said curve through a central angle of 09'30'42" an arc length
of 181.94 feet to a found concrete monument; Thence S89135'2TV 399.59 feet to the
point of beginning and containing 23.386 ACRES; Subject to and together with all
appurtenant easements of record.
Document Number: 200700037957
Page: 5