Resolution 5293 - Annexation - Wholly Surrounded PropertiesReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
I 2008 0031893
1111 IN Page: 1 4f 4
Fees:
Paula Robinson, Flathead bounty MT by TM �.1 f 20 f 2�3a8 3:52 3:5z PM
RESOLUTION NO, 5293
A RESOLUTION TO PROVIDE FOR. THE ALTERATION OF THE BOUNDARIES OF
THE CITY
OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
V_Nr (CERTAIN
TRACTS OF LAND, MORE PARTICULARLY DESCRIBED IN EXHIBIT 4`A",
AND DECLARING AN EFFECTIVE DATE.
WHEREAS,
on July 21, 2008, the City Council passed Resolution No. 5288 declaring an intention
to annex wholly surrounded tracts of land, which are more particularly described in
"A",
Exhibit attached hereto and thereby made a part hereof, pursuant to the
provisions of Title 7, Part 45 Montana Code Annotated (Annexation of wholly
�.
Surrounded Land); and
WHEREAS,
notice of the resolution of intent was provided pursuant to MCA 7-2-4312 by
publishing such notice on July 28 and August 11, 2008, as provided in MCA 7-1-
4127; and
WHEREAS,
the City Clerk received, within the twenty -day comment period, and forwarded to the
City Council for Council consideration, one (1) "Protest/Disapproval" letter
regarding the proposed extension of the boundaries of said Cit and
g pro p yy,
WHEREAS,
on November 6th, 1995, the City Council adopted, pursuant to Section 7-2-4305,
MCA an Extension of Services Plan which ' anticipates development of City services
for approximately five years in the future, and
WHEREAS s
said "Extension of Services Plan" provides for financing the municipal service
p g p Sand
maintenance of existing services by utilizing funds allocated and expended pursuant
to the annual City budget without incurring additional bonded indebtedness, and
WHEREAS,
said real property described in Exhibit "A" is included within and conforms with the
Kalispell Growth Policy 2020.
1111111IIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIYIIII Paae°=o�49i
Fees: $28.00
Paula Robinson, Flathead County MT by TM 11J20/2008 3:52 PM
NOW, THEREFORE, -BE IT RESULVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION L That all of the real property as is more particularly described in
Exhibit "A", attached hereto, shall be annexed to the City of Kalispell
and the boundaries of the City are altered to so provide.
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 said
territory and its citizens and property shall be 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 pursuant to,
and in accordance with, the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall become effective December 15, 2008.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 18TH DAY OF AUGUST, 200F..._,,
Pamela B. Kenndy
Mayor
ATTEST:
Theresa White
City Clerk
IIIiifliiiAiuuui�iiiiiiiiNiiu Fase°s�aoos3
Paula aobireonf Flathead County HT by TM 11/30/200e 3:52- PM
Resolution No. 5293 — Exhibit A
1. Tract 2DCA - A tract of land located in the NE4 of the NE4 of Section 1, Township 28
North, Range 22 West, Flathead County, Montana , more particularly described as follows:
Beginning at the southwest corner of Tract 1 of Certificate of Survey No. 4129, records of
Flathead County, Montana, said Point of Beginning being the intersection of the east line of
U.S. Highway 93 and the north boundary of Indian Trail Road; thence Soo°23' 17"W along
the east line of Highway 93 a distance of 80.0 feet; thence N89°50'00"E along the south line
of Indian Trail Road a distance of 116.27 feet; thence continuing along the south line of
Indian Trail Road, N59°50'00"E a distance of 20 feet to the east line of Section 1; thence
northerly along the section line No I °39'00"E a distance of 60.03 feet to the north line of
Indian Trail Road; thence continuing westerly along the north line of Indian Trail Road
S89°50'00"W a distance of 117.40 feet to the Point of Beginning, containing 0.242 acres
more or less. The tract can also be described as that portion of Indian Trail Road as shown on
the Plat of Park View Terrace lying in Section 1, of Township 28 North, Range 22 West.
2. Northwest Triangle of Lot 1 of the Amended Plat of Lot 1, Block 14 of Northridge Heights,
Section No.5. - A tract of land located in the SW4 of the NE4 of Section 1, Township 28
North, Range 22 West, Flathead County, Montana , more particularly described as follows:
Commencing at the southwest corner of Lot 1, Block 14 of Northridge Heights, Section No.
5, a platted subdivision of Flathead County; thence N00°51'56"E along the west boundary of
said Lot 1 a distance of 85.07 feet to the Point of Beginning of the tract herein described;
thence N00° 51 ' 5 6"E a distance of 30.41 feet to the southwest corner of Lot 12 of Summit
Ridge No. 1; thence S89°43' 11 "E along the south boundary of said Lot 12 a distance of
25.35 feet; thence along a curve to the right with a radial bearing of N73'00' 23 "W, a radius
of 50 feet, through a central angle of 46'53'32" for an arc length of 40.92 feet, to the Point of
Beginning having a radial bearing of S26°06' 49"E, containing 0.011 acres more or less.
3. Tract 2Z - A tract of land lying in the S 1/2 S -1/2 NE 1/4 of Section 1, T-28N-22W PMM more
particularly described as follows:
Beginning at a buried rock, said rock being drilled and tapped with a concrete nail to mark
the point, on the east boundary of the NW 1/4, SE 1/4 Section 1-T28N-R22W, which marks the
NE corner of Lot 13, Block 1 of Sunset Addition to Kalispell, Montana, a plat of which is on
file in the Clerk and Recorders office, Flathead County, Montana; Thence from this point
S89° 5 5' W 370 feet along the mid 1/4 section line to the true point of beginning; Thence
S89°55'W 180.70 feet to the NE corner of Lot 4 of Sunset Addition No. 2; Thence
N00°23' E 1.50 feet to a point; Thence S S 9°3 6' E 180.71 feet to a point, said point being the
true point of beginning. This tract contains 135.52 sq. feet, more or less.
IIIIIIIIIII 11111IIIII1111111111111111111111111111111111 IIII Page: of 4 93
Fees: $26.00
Paula Robinson, Flathead County MT by TM 11/20/2008 3:52 PM
4. Tract 2M - A tract of land, situated, lying, and being in the Southwest Quarter of the
Northeast Quarter (SW1/4NE1/4) of Section 1, Township 28 North, Range 22 West, Flathead
County, Montana, and more particularly described as follows:
Beginning at the NE corner of Lot 13 of Block 1 of Sunset Addition No. 1, according to the
plat thereof; thence South 89°55'00" West, along the North boundary of said Lot 13, a
distance of 120 feet to the NW corner thereof; thence North 01 °01' 00" East, a distance of 10
feet to the SW boundary of Lot 2 of Block 1 of Crestview Addition No. 2, according to the
recorded plat thereof; thence North 89°55'00" East along the South boundary of said Lot 2, a
distance of 120 feet to the SE corner thereof; thence South 00°03' East, a distance of 10 feet
to the Point of Beginning. This tract contains 0.03 acres, more or less.
'6.
5. Tract 5ACA - A tract of land located in the NW4 of theSW4 of Section 6, Township 28
North, Range 21 West, Flathead County, Montana, more particularly described as follows:
A parcel of land described as being a 20 feet wide strip of land extending easterly a distance
of 617 feet, more or less, along the south boundary of a portion of Government Lot 12 in
Section 6, Township 28 North, Range 21 West, from the easterly line of Grandview Drive to
the west line of a formerly existing county road; said county road was duly abandoned,
discontinued and vacated by the Flathead Board of County Commissioners on May 8, 1972.
The tract contains 0.27 acres more or less.
6. Tract 2XBA - A tract of land located in the NE4 of the NE4 of Section 1, Township 28
North, Range 22 West, Flathead County, Montana , more particularly described as follows:
Beginning at the southeast corner of Lot 7 of The Greenery Park as shown on the Corrected
Plat thereof; thence NOV 11'00"E a distance of 3.06 feet to the Point of Beginning; thence
N09°09'47"W a distance of 184.72 feet; thence N66°01' 03"W a distance of 98.12 feet to the
northwest corner of the parcel herein described; thence N89°55'27"E a distance of 119.78
feet, more or less, to the northeast corner of the parcel herein described; thence Soo° l 1'00"W
a distance of 222.40 feet, more or less, to the Point of Beginning, containing 0.132 acres,
more or less. The tract can also be described as the Montana Department of Highways right
of way adjacent to and between the east boundary of The Greenery Park and the West
boundary of U.S. Highway 93.