Resolution 4735 - Annexation - Dennis CarverIt
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200223210030
RESOLUTION NO.4735
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 ASHLEY PARK PHASE IV; 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 Dennis Carver, of Somers Land
Company, the owners of property located on the west side of Airport Road and south
of Teal Drive -and 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
WHEREAS, the Tri-City Planning Office has made a report on Somers Land Company Group's
Annexation Request, #KA-02-9, dated July 2, 2002, and
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. describ ed. 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 Ashley Park Phase IV.
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.
2002232[D050
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 22ND DAY OFF, 2002.
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTH HALF OF THE
SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS TO WIT:
Commencing at the southeast corner of the Northeast Quarter of the Southeast Quarter of Section
19, Township 28 North, Range 21 West, P.M,M., Flathead County, Montana; Thence along the
south boundary of said NE1/4SE1/4 S89°03'52"W 30.00 feet to a found iron pin and THE TRUE
POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence continuing
S89003'52"W 862.21 feet to a set iron pin; Thence N01°21'29"W 169.65 feet to a set iron pin;
Thence N88°38'52"E 5.00 feet to a set iron pin; Thence N01 °21'29"W 487.12 feet to a found iron
pin on the south boundary of the Plat of ASHLEY PARK, Phase I (records of Flathead County,
- Montana); Thence -along said -south boundary N88°38'3 i "E 560.00 feet to a:found iron pin; Thence _ -
S01 °21'29"E 377.18 feet to a set iron pin; Thence N88°38'52"E 303.78 feet to a found iron pin on
the westerly R/W of a 60 foot deeded road known as Airport Road; Thence along said westerly R/W
S00°02'09"E 286.00 feet to the point of beginning and containing 10.455 ACRES; Subject to and
together with all appurtenant easements of record.
THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS:
ASHLEY PARK, PHASE IV
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377E OF f4i0A TEaN �,0,+, ;':
County of Flathead SS n nriti
Gity of Kalispell
I hereby coi lty that the instrimsnt to which this certificate Is
affixed is a true, ccr,'�),t o n' cornpared Copy of the original on Pile in
the office of the Clolk of tha City CA
:falisr il.
Witness my hand aid •l of C "s ' y of Kalisp 0, Rathead
County, Mon f�is,- ._day r
by '' - -- —
CPaAc
STATE OF MONTANA,
County of Flathead
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