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Resolution 4690 - Annexation - J&F Construction - Addition #3122002093 1016D RESOLUTION NO. 4690 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE (� CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", TO BE KNOWN AS THREE MILE ADDITION NO. 312; 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 J & F Construction, the owners of approximately 25 acres of property located on the north side of Three Mile Drive approximately 'A mile from its intersection with North \ \ Meridian Road and further described in Exhibit A, attached hereto and thereby made a part hereof, requesting that the City of Kalispell annex the territory into the City, and f 1 WHEREAS, the Tri-City Planning Office has made a report on J & F f� Construction's Annexation Request, ##KA-02-2, dated March 4, 2002, and L. Ci WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell, and WHEREAS, said territory is included within and conforms to the Kalispell City -County Master Plan, 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 in 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 Three Mile Addition No. 312. 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. 200209310 4 SI) 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 COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 1ST DAY-9£�,APRIL, 2002. ATTEST: eresa White City Clerk Pamela B . K6Ped Mayor cdo;, =, STATE OF MO',,ITANA ny� ti• :: County of Flathead S9 ��'�••,'' ••••..•• `' �� City of KalispelltA1�� I hereby C[ rtify that t' a inst.^.,me^t to vfiich i t �tC9te h affixed is a true, corgi ©ct and tern .rcd ^)ry of tho original on He in Me office of the Cleric of th© City ci Kalispell. Witness my nand i soal of tha Ch of lispell! a 0� County, M this day �Y Clerk 20o20931045_7 El EXHIBIT A The Southeast Quarter of the Southwest Quarter of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Excepting rights of way for public roads: EXCEPTING therefrom the following described tract: Beginning at a point on the north right-of-way line of a county road, commonly known as "Three Mile Drive", which said point is 50 feet North of the South quarter corner of said Section 1, thence North 10 01' East, a distance of 556.7 feet; thence North 820 43X1 West a distance of 571.3 feet; thence South 40 17' West, a distance of 625.5 feet; to a point on the North right-of-way line of said County Road and being 60.0 feet from the centerline of said County Road and 58.0 feet from the South section line of said Section 1; thence North 890 32' East, a distance of 34.6 feet along the north right-of-way line of said County Road; thence South 00 28' East, a distance of 10.0 feet to a point on the north boundary of said County Road right-of-way, which line is 50.0 feet from center line of said County Road; thence North 890 32' East, a distance of 568.8 feet to the place of beginning. ALSO EXCEPTING therefrom the following described tract: Commencing at a point on the North right-of-way boundary line of a County Road, commonly known as "Three Mile Drive", and which point is 50 feet North of the center line of said County Road, and which point is 47.4 feet North of the South Quarter corner of said Section 1; thence South 690 32' west, along the north boundary of said County Road, 568.8 feet; thence North 00 28' West, 10 feet to a point on the North boundary of said County Road; thence South 890 32' West along the North boundary of said County Road, 94.81 feet to a point which is the point of beginning of the tract to be described herein; thence North 40 17' East, 150 feet; thence South 8911 32' West, 100 feet; thence South 40 17' West 160 feet to a point on the north boundary of said County Road; thence North 890 32' East, along the north boundary of said County Road, 94.81 feet; thence North 00 28' West 10 feet to a point on the north boundary of said County Road; thence North 890 32' East 5.19 feet to the place of beginning. 2002093 1614 AND ALSO EXCEPTING THEREFROM the following described tract: Commencing at the point on the North right-of-way boundary line of the County Road commonly known as "Three Mile Drive", and which point is 50 feet North of the center line of said County Road, and which point is 47.4 feet North of the South Quarter corner of said Section 1; thence South 89032' West, along the North boundary of said County Road, 763.61 feet to a point, which is the southwest corner of that certain tract Conveyed to Orine E. Steubs and Dora C. Steubs by deed recorded on October 7, 1959 under Recorder's Fee No. 6233, and which point is the place of beginning of the tract to be described herein; thence North 40 17' East, along the West boundary of said Steubs tract 160 feet; thence South 890 32' West, 110 feet; thence South 40 17' West, 160 feet; thence North 890 32' East, 110 feet to the place of beginning. AND ALSO EXCEPTING THEREFROM, the following described tract: Commencing at a steel pin, the accepted Southwest corner of said Section 1; thence North 67043120" East, 1432.19 feet to a copperweld monument on the Westerly boundary of said Southeast Quarter of the Southwest Quarter; the true point of beginning; thence North 00057142" East, along the westerly boundary of said Southeast Quarter of the Southwest Quarter a distance of 318.54 feet to a copperweld monument; thence South 87017111" East, a distance of 591.69 feet to a copperweld monument; thence South 5036129" West 291.75 feet to a copperweld monument; thence South 69059,1611 West 567.87 feet to the point of beginning. Commonly known as Tract 6 of Section 1, Township 28N, Range 22W, P.M..M., Flathead County, Montana. STATE OF MONTANA, 55 County of Flathead Recorded at the request L/ this 3-- day of 4 �at op o'clock and recorded in the records of Flathead C_ou_nty, State of Montana. ev.00 Fee Pd. (Flathead }C�ou Clerk and Reco r) RECEPTION NO. 2002-093 �� �� / rl ' , TO