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Resolution 5257/AnnexationReturn to: Theresa White Kalispell City Clerk r' PO Box 1997 r Kalispell, MT 59903 r II II pp N Mn 200800004401 l- IIIIII tl II I III IIYI IIYI II I IIII �I III III I III IIYI IIIII IIIII III III III Page: i of 6 Fees: $42.00 Paula Robinson, Flathead County MT by NC 2/20/2008 9:43 AM Ro r RESOLUTION NO. 5257 in �4 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF aO THE CITY OF KALISPELL BY INCLUDING THEREINAS AN ANNEXATION CERTAIN r REAL PROPERTY, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" AND C1„ LOCATED IN PORTIONS OF SECTIONS 19 AND 30 OF TOWNSHIP 29 NORTH, RANGE j�► 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS GLACIER Z) 9 TOWN CENTER ADDITION NO.401; TO ZONE SAID PROPERTY IN ACCORDANCE tr WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE I DATE. WHEREAS, Wolford Development Montana, LLC owns approximately 485.5 acres of real property described within Exhibit "A" attached hereto and incorporated fully herein �- rJ by this reference, and included within assessor's tracts 2C, 2D, 6A, 1, 3, 4, 1 B, 1C, Q ,1CA, 1E, 1F, 1G, 2C, 2CA and located in portions of Sections 19 and 30 of Township 29 North, Range 21 West, Flathead County, Montana which currently has Q Flathead County zoning classifications of B-2, General Business, SAG-10, Suburban Agricultural, SAG-5, Suburban Agricultural and R-1, Suburban Residential; and WHEREAS, the property is located above West Reserve Drive and spans the distance between Highway 93 North and Whitefish Stage Road. The project site is generally bounded by Glacier Memorial Gardens Cemetery, the Stillwater River, West Reserve Drive and Semitool along its southern boundary, Highway 93 North along it's western boundary, Whitefish Stage Road along it's eastern boundary and a combination of dU r state owned land and lands within the city and county along it's northern boundary; and WHEREAS, Wolford Development Montana, LLC filed all necessary documents and waivers to petition the City of Kalispell to annex the above described real property into the City and receive initial zoning as required by state law; and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, Amended Staff Report #KA-07-17, dated December 11, 2007; and IIII I I I I II I�IIIII�III6IIIIIIIIII II I I II ( III IIIIIII IIIIIIII P200800 age: 2of6401 Fees:$42.00 Paula Robinson, Flathead County MT by NC 2/20/2008 9:43 AM WHEREAS, the Kalispell City Planning Board properly noticed and held a Public Hearing on the matter on November 27, 2007 and on December 11, 2007 and after considering all written and oral public comment as well as all other evidence provided through the above described staff reports recommended that the initial zoning be R-3 - Urban Single Family Residential, R-4 - Two Family Residential, B-1- Neighborhood Buffer District, and B-3 - Community Business, with two Planned Unit Development overlays, upon annexation to the City of Kalispell; and WHEREAS, the Kalispell City Council properly noticed and held a Public Hearing on the matter on January 7, 2008 and received oral and written evidence from the public at that time; and WHEREAS, in making these findings of fact the Kalispell City Council considered the following evidence: a) Amended Kalispell City Planning Office Staff Report KA-07-17, KPUD-07-6 and KPP-07-12 b) All application and other materials provided by applicant including letters received by applicant from the Montana Department of Transportation dated November 27, 2007 and November 28, 2007 c) Minutes of the Kalispell City Planning Board meetings and public hearing dated 11/27/07 and 12/11/07 d) Submittal materials of Kalispell City Planning Board President Bryan H. Schutt dated December 20, 2007 e) Response letter from CTA, applicant's agent, commenting on conditions of approval for Glacier Center PUD and Preliminary Plat approval dated November 27, 2007 f) All evidence, written and oral, provided by the public at the City Council Public Hearing dated January 7, 2008 g) All other written evidence provided in public comment materials received in to the City Clerk's Office prior to 5:00 p.m. on January 22, 2008 including the January 4, 2008 Montana Department of Transportation letter to Representative Jon Sonju h) All oral testimony provided at the "Public Comment" portion of the January 22, 2008 Kalispell City Council meeting WHEREAS, the City of Kalispell finds it in the best interests of the City and its citizens to annex the above described 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 Glacier Town Center Addition No. 401. 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 COUNCILAND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 22ND DAY OF JANUARY, 2008. ATTEST: Theresa White City Clerk B. Kenne Mayor IIII�IIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIII IIIIII�IIINIIII Page: 3 of6401 Fees. $42.00 Paula Robinson, Flathead County MT by NC 2/20/2008 9:43 AM LEGAL DESCRIPTION Exterior Boundary of Parcels 1 through 11 As Detailed in Commitment For Title Insurance Issued by: Chicago Title Insurance Company Order Number: CG-46420 Effective Date: March 14, 2007 at 8:00 AM. A tract of land located in Sections 19 & 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Beginning at the northeast corner of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the north line of said Section 30, North 89040'28" West, 687.81 feet to the northwest corner of that parcel described in Document No. 200436509500, records of Flathead County, Montana; thence along the west line of said parcel, and continuing along the west line of that parcel described in Document No. 200221914230, records of Flathead County, Montana, South 00'12'44" East 1324.27 feet to the southwest corner of the first above described parcel and the north line of the Southeast Quarter of the Northeast Quarter of the above said Section 30; thence along the south line of said parcel and the north line of said aliquot part, South 89042'14" East 687.92 feet to the northeast corner of the Southeast Quarter of the Northeast Quarter of said Section 30; thence along the east line of said aliquot part, South 00013'02" East 1323.95 feet to the southeast corner thereof; thence along the south line of said aliquot part, North 89042'18" West 30.00 feet to the westerly right-of-way line of Whitefish Stage Road, a sixty foot wide Declared County Road; thence along said westerly right-of-way line of said Whitefish Stage Road, North 00013'02" West 1032.35 feet to the northeast corner of that parcel described in Document No. 200713611350, records of Flathead County, Montana; thence along the north line of said parcel, South 89007'19" West 726.99 feet to the northwest corner of said parcel; thence along the west line of said parcel, South 00012'59" East 1017.47 feet to the south line of the above -said Southeast Quarter of the Northeast Quarter of Section 30; thence along the south line of said aliquot part, North 89042'18" West 567.43 feet to the southeast corner of the Southwest Quarter of the Northeast Quarter of the above -said Section 30; thence along the south line of said aliquot part, North 89041'29" West 993.26 feet to the northwest corner of that parcel described in Document No. 9407612280, records of Flathead County, Montana; thence along the west line of said parcel, South 00015'21" East 1324.29 feet to the northwest corner of that parcel described in Document No. 8430608100, records of Flathead County, Montana; thence along the west line of said parcel, South 00015'21" East 1294.33 feet to a point on the northerly right-of-way line of West Reserve Drive (Montana Highway Project No. RS 548-1(2)4); thence along said right-of-way line of said West Reserve Drive, North 89044' 17" West 330.86 feet to a point on the IIII�IIIIIII I I III III I III9I�IIIIINI�IIIIIII I I IIII I IIIIIIII Page4 o6401 : f Fees:$42.00 Paula Robinson, Flathead County MT by NC 2/20/2008 9:43 AM west line of the Southwest Quarter of the Southeast Quarter of the above -said Section 30; thence along said west line of said aliquot part, North 00°15'40" West 694.72 feet to the northeast corner of that parcel described in Document No. 200119710190, records of Flathead County, Montana; thence along the north line of said parcel, North 89044'43" West 1383.36 feet to the approximate thread of the Stillwater River; thence along said thread of said Stillwater River, the following ten (10) courses: North 51043'38" West 36.49 feet; North 75013'30" West 65.45 feet; South 50042'04 West 291.30 feet; South 75°30'07" West 128.45 feet; North 55032'34" West 100.35 feet; North 01 007'27" East 92.74 feet; North 48020'43 East 191.54 feet; North 14048'53" East 122.29 feet; North 12011'01" West 142.46 feet; and North 22022'01" West 265.55 feet, more or less, to the north boundary of Government Lot 4 of the above -said Section 30; thence along said north boundary of said Government Lot 4, South 89043'03" East a distance of 530.65 feet to the southwest corner of the Northeast Quarter of the Southwest Quarter of said Section 30; thence along the west line of said aliquot part, North 00023'28" West a distance of 1325.29 feet to the southeast corner of Government Lot 2 of said Section 30; thence along the south line of said Government Lot 2, North 89042'28" West 933.90 feet to the southeast corner of that parcel described in Document No. 200323114280, records of Flathead County, Montana; thence along the south line of said parcel, North 89042'28" West 319.63 feet to the easterly right-of-way line of U.S. Highway No. 93 (Highway Project F5-3(32)115); thence along said easterly right-of-way line of said highway the following four courses: North 04029'58" East 189.11 feet; North 00011'13" East 340.08 feet; North 04034'11" West 60.20 feet; and North 00011'13" East 11.62 feet to a point on the south line of that parcel described as Tract 6 in Document No. 200700026471, records of Flathead County, Montana; thence continuing along the easterly right-of-way of said U.S. Highway 93 the following three courses: North 00011'13" East 28.38 feet, North 13036'03" West 41.31 feet, and North 00011'13" East 591,75 feet to the northwest corner of the first above said parcel; thence continuing along said easterly boundary of said highway right-of-way, North 00*11'13" East 64.13 feet to the south line of Government Lot 1 of the above said Section 30; thence continuing in said Government Lot 1, through five courses along the above said east boundary of U.S. Highway 93 right-of-way: North 00011'13" East 164.00 feet; North 14'13'23" East 61.85 feet; North 00011'01".East 940.05 feet;. North.13°56'35" West _61.89_feet; and North 00010'44" East 100.60 feet to a point on the north line of the above said Government Lot 1; thence along said north line of said Government Lot 1, South 89041'25" East 1237.84 feet to the southeast corner of that parcel shown as Tract 6 on Certificate of Survey No. 4491, Records of Flathead County, Montana; thence continuing in Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana and along the east line of said Tract 6, North 00033'31" West 660.25 feet to the southeast corner of that parcel shown as Tract 5 on the above -said Certificate of Survey No. 4491; thence along the east line of said Tract 5, North 00033'31" West 660.25 feet to the southwest corner of that III�III III I II II III I IIIIIIIIIIIIIIIIIIIII I I III IIIII III III IN2008 Page05 0046 Fees: $42.00 Paula Robinson, Flathead County MT by NC 2/20/2008 9:43 AM parcel shown as Tract 8 on the above -said Certificate of Survey No. 4491; thence along the south line of said Tract 8, South 89046'02" East 1327.80 feet to a point on the west line of the Southwest Quarter of the Southeast Quarter of said Section 19; thence along said west line of said aliquot part, North 00°34'07" West 5.45 feet to a point on the north line of said aliquot part; thence along the north line of said aliquot part, and along the south line of that tract of land shown on Certificate of Survey No. 3813, records of Flathead County, Montana, South 89053'06" East 1377.15 feet to the west line of that parcel described in Document No. 200316211510, records of Flathead County, Montana; thence along said west line of said parcel, South 00012'54" West, 34.20 feet to the southwest corner thereof; thence along the south line of said parcel and continuing along the south line of that parcel described in Document No. 200221414500, records of Flathead County, Montana, South 89052'49" East, 1272.80 feet to the east line of the Southeast Quarter of the Southeast Quarter of the above said Section 19; thence along the east line of said aliquot part, South 00037'31" East 1303.19 feet to the Point of Beginning. The exterior boundary surrounding Tracts 1 through 11, as described above, encompasses 485.481 acres of land. SUBJECT TO those exceptions shown on Commitment For Title Insurance, issued by Chicago Title Insurance Company, order number CG-46420, effective date: March 14, 2007 at 8:00 AM. IIIIII I II IIIII IIUIIIVIIIIIIIIIIIIIIIIIIII III IIIIIII�IIIIIIIIIIII Page: 6 of6401 Fees:$42.00 Paula Robinson, Flathead County MT by NC 2/20/2008 9:43 AM