Ordinance 896 - Annexation - PackORDINANCE NO. 896
AN ORDINANCE TO PROVIDE FOR THE ALTERATION OF THE BOUNDARY OF
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
CERTAIN REALTY TO BE KNOWN AS PACK ADDITION, ADDITION NO. 91
TO KALISPELL
WITNESSETH-
WHEREAS, by petition of Ronald E. Pack and the State of
Montana, Department of Highways, resident freeholders of more
than 51% oE the certain real property situated outside the
boundary of the City of Kalispell, but contiguous thereto,
the City of Kalispell was, on April 14, 1978, requested to
adopt a Resolution of Intention to consider annexation of
said realty to the City of Kalispell; said realty being more
particularly described in Exhibit "A" attached hereto which,
by this reference, is made a part hereof; and
WHEREAS, the City Council in response to said petition
did, on May 15, 1978, adopt Resolution No. 3174 to consider
the annexation of said realty, to be known as Pack Addition,
Addition No. 91 to Kalispell; and, pursuant thereto, the City
Council did set a public hearing to be held on said petition,
and due and proper notice of said public hearing was given by
the City Clerk; and
WHEREAS, said public hearing was duly held by the City
Council pursuant to said notice at its regular meeting on
August 7, 1978; and, at such public hearing, the City Council,
after consideration of the report made and filed as requireO
by Section 11-518, R,C.M., 1947, as amended, and hearing all
evidence presented on said petition, did find that all
standards for annexation, set out in Section 11-519, R.C.M.,
1947, as amended, were met and duly considered; and
WHEREAS, the City does intend to provide all services
to said realty being annexed as are set forth in the report
made to and filed with the City Clerk as required by Section
11-518, R.C,M., 1947, as amended; and
WHEREAS, the effective crate of said annexation should
be the date that the City Clerk does, pursuant to order of
the Council, file with the Flathead County Clerk and Recorder,
a copy of the record as entered on the minutes of the council
of these proceedings; and
I WHEREAS, said premises to be annexed to the City does
adjoin and abut a portion of the City classified as a No. 4
Main Business District under the Kalispell City Zoning
Ordinance, and no reason has been shown pursuant to said
zoning ordinance that said property to be annexed should take
any other or lesser classification; and, pursuant to Section
6.17(A), of the City of Kalispell Zoning Ordinance, as
adopted November 30, 077, the proper zoning district clas--
litication to be applied to Tract Ilonch annexed territory
is: Community Business B-4. Tract I will be uVed as a public
highway. I .
NOW THEREJ�'ORE, 00 IT OR5410EO TMAT-
1. The real prcppyty an in more par kicuhariy describe(.1
Ln AMU "A" attacbed hero � o, shall' be annexed to the City
of Kalispell and the boundary of the City is altered to so
provide; and
2. If, within twenty (20) days of the 7th day of August,
1973, said date being the date of.the public hearing held by
the City Council. on the Petition to Annex and as a result of
Resolution No. 31.74, there are not received by the City Clerk
expressions of disapproval of this annexation made in writing
by a majority of the resident freeholders of said area to be
annexed, the City Clerk is directed to then make and certify,
under Une seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City, and
forthwith file said document with the Flathead County Clerk
and Recorder; and
3. From and after the date of said filing of said
document as prepared by the City Clerk, said annexed territory
is a part of the City of Kalispell and said territory and its
citizens and property shall be subject to all debts, laws,
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, except, however, Tract I shall
not be subject to any debts of the City.
4. All of said realty so annexed to the City shall be
a Conum-ulli-ty Business B-4 District under the City of Kalispell
Zoning Ordinance as adopted November 30, 1977 and Tract I
shall be used as a public highway.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
BY THE MAYOR THIS 9th DAY OF AUGUST, 1978.
ATTEST:
Marjori,r'77 Giermann, City Clerk
2 -
Norma E. Happ, May6r� TA
EXHIBIT "A" OF CG-3967
A tract of land in the SE34SEI- of Scctiol- 1.2, Township 28
Range 22 t*_st, M.P.M., Flathead County, Montan<-a, and more
larly described as follows to wit:
Beginning at the Northeast- corner of Stanley Addition No. 42, ac-
cording -to the reap or plat thereof on file and of record in
the off ice of the County Clerk and Recorder of 1"lathearl
County, Montaliz--i., said point being on the Sout .herly
ti.,ay of U.S. Highway No. 2 Tmd being on a 1-850.00 foot" radius
curve concave Sout-heast-erly and having a radial bearing of
South 00 481 35" East, thence in a
South-westerly 6irection. and along said right of way through a
central angle of 39' 38' 45" an arc length of 1.280.12 feet
to a point which is the P.C. of said CLIrVC; thence
South 490 321 4011 West and continuing along same i-.-ight of way a
distance of 319.95 feet to a point; thence
South 400 271 20" East a distance of 10.00 feet to a point; tj)(? .lice
South 490 32' 40" 14est a distance of 200.00 feet to a pol-l-it; thence
South 40') 27' 20" East a distance of 20.00 feet to a point,- thlence
South 480 361 4011 iVest a distance of 300.04 feet to a point; thoylcc
Sout'fl (320 441 1411 N 1 est a distance of zib.91 feet to a poi
nt (radial
bearing North 401 02' 27" West) on a 1216,,00 foot radius
curve concave northwesterly; thence through a central angle
of
1306' 05" an arc length of 278.05 feet to, a point (radial bearirg
of South *260 56' 22" East); thence J
Soill"O 261 58' 40" East a distance of 11.90 feet to a poill-L"; t11i(-,-2ncC2
SOU'k-li 890 16' 09" West a of 1.53.92 feet to ZI point; thrence
Noy_Li 200 091 04" West a distance of 82.11 feet to a point, s,--dd
-Point being the Soutnwest corner of Gibson Addition, according
to the map or plat tlicreof on file and of record in the
r) f the County Clerk and Recorder of Flathead County, Montana
and having a -radial bearing of North 20' 09' 04" West and
a radius of 1086.00 feet; thence
through a central angle of .8' 24' .16" an arc leng—C-1-i
of 1.59.30 feet to a point,- thence
N0,CLIA ."MY 15' 33" West (radial bearip(g) a distance of 30.00 feet to
a L_,)oint on a 1056.00 foot radius curve; thence
through a central angle of 10' 32' 57" an arc- le.ncrt-i
of 194.43 feet to a point; 'thence
�,!ort.h 490 Ill 33" East a distance of 596.76 feet to a point-; the; -Ice
_)titih CIO 381 00" West a distance of 26.21 feet to a point; thence
;,!orth 4 0 27 ' 56" East a distance of 298.1.9 feet to a point, t_henc,:�
South 00 38' 31" _Nlest a distanco of 12.89 feet: to a point; thence
X o r th 490 321 40" East a distance of. 21.98 feet to P.C. -of
19 70. 0-0 foot radius- curve to the rigilt; thence through a
central angle of
36' 24' 34" an arc length of 1.251.86 feet to a poi _nt x%,hich is;
Sout;!least corner of Tiewis and Clark Addition, according to t h e.
Ell Or plat thereof on file and of record in- the of fico, of
L
Lho Clerk and Recorder of r1athe
3131 a(.1 county, Montanay 4- * hencc
31" East a
_--1. of171.95 feet 1--o a F-)oi _nt oil
• .o rimflit of1y omeridiall Road; toce
9
56" East a distance of 50.00 e 0 t I
cas Lc:�,v-ly boundary line of sa' d Sect'ion 121- the, -ace
Soi.itth 00 291 04" West a distance of 258.40 feet and P01-01-Ig said
Section line to a Point,tia ,ice
89- 30- 56" W
OF3 L a `15.sLaM-Y�
B e g.i. -nn i n cj to the Place of
X-MOW11 a�Tract L'
Li
See "ext page for tract 2
PMGE87P�
EXHIBIT "Alf
A tract of Land in Rj!"ge 22 1 the SE of Section 12, Township 28 JI-P-M,, Flathead County, North
"3—IrlY descrij)ed as follows to Wit: Montana, and more parti--
COMmencing at the Northwest corner Of McDonalds Addition N
accordilig to the map or Plat thereof on file and'of recKTAIn
thO Office of the county Clerk and Recorder of F, Said Point bei lathead county
119 on a 1850.00 foot radius curve concave
Southeasterly and having a radial bearing of South go 03,
; thence
and along said curve through a central
cif 351 03'' an are length of 374-04 feet to a p angle of
SOut_h 300 381 21" East) Oint (radial
and being the True Place Of Beginning
bear i.ng
of the tract herein described; thence
•350 481 00" West a distance of 235-84 feet to a ;
Outh 540 41' 29" West a distance of 200.00 fee
the Center Of Spring Creek; thence t to a point in
jDoint
"th 890 11' 42" West a distance of 340-50 feet to a Point; then(,,
"Uh 00 38' 31" East a distance of 35-75 feet to a point on th
Southerly night
490 32' 40" of way of U.S. Highway No. 2; thence
East a distance of 141.Go
the 1"'C> Of -1 1850.00 feet to a point
foot radius curve to the right;
central angle of
481 59" an arc length of 316.96 feet to the Place of Begi thence
nning.
_11YNG PU):)1J_c roads and _--ghts of way.
KNOWNT AS PACK ADDITION. ADDITION No, 91 to
)WIIa s tra(::t: 2
4:�'f,ATE � OF MONTANA,
COUPAY 01 Flathead ss
for record at the request Of --- ---------------------------- - -- — ------ -------------------------------
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Records of Flathead County, State of Montana.
$
MCA
APTION' 11cl 202
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+`Ur%.N TO
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and recorded in VOL._-_ 4_15_F:
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COMAY Clerk and,,f,,
Deputy
1, Us= Board -- U, Rity cler< of the c1tv of Kallspell, Montana, do certify that or,
Y of
T r"S"A 1 WY Of the fnYegulng ordinnnc`,7
My I k!" I
in ny office, aid thi j" -"j!�,,,,Ti7,�,�i ��W TOV a per0d of five fC11 e
in o Wue and corract copy of the or&nauce as paused by the Cjty Counc1l.
CVY CIA
of the City of Kalispell, Montaqa
WAIVER 01" PROTEST
The undersigned, pursuant to and in consideration of the
conditions and -terms of Resolut-.ion No. 3-1-89 as passed. by t1ne
City Council and approved by the 14ayor of the City of Kalispell,
Montana on the 9-th day of August, 1978, does hereby wa: . Lve an-v
and all rights to pro-U-st the format -on of a s7-ecial improve'
me-n.L district for the purpose (,-)f co-is-truction "of a ,:.,an4taf-,
sewer and/or storm drain system and/or for the work tIL-lerefor
to be performed, and bonds to be. sold or assessments to be
levied for the payment of the costs thereof effecting or
including the following described parcels of property in the
City of Kalispell, [Flathead County, Montana:
See Exhibit "A" attached hereto and by this reference
made a part hereof.
This waiver shall attach to and run with the said nreiiii.,ses
I
of said subdivision and shall be binding upon the heirs, assigns
or ,,Uccessors in interest of the undersigned in and to said
parc,.�:,Is.
Dated this day of 1978-_
X,
� J.
ATE OF, MONTANA
ss.
COURty of Flathead
Rrr
On this day of 1978, before me, the
'P ub 1 i C for flae State of Mont.-,ina pero.na.J.Iy
appeare'-d A
'Known. to e to be the persons— whose naII19's are subscribed to
Lhe- ;,,Tithin Instrument, and acknowledged to me that they
executed the same.
IN WITPIESS WHEREOF, I have hereunto set my hand and af-f`_xe.d
my Notaric-al Seal ,.he day and, year in this (_-e_-(,LAficat0 above Writ.-J--en.
Notary .P — X!I-"L i c for the State of 1111ontana
Kalispell, Montana
S E At
Residing at
j My Commission expires
V,
T( `J!" !�U
PIZ, ( .1k'V)N i, *I , L
C'w,iaty of.IWIathePd
J'oi: rc-ccrrl at tliL, r(��;qua,,t of ------------
Clay of.IIAII!� ".nd rqcord:A J-0,
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Cuu`-� CIerk
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Oput JJ y