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Resolution 4736 - Annexation - NGS Partners (Ole's Country Store) Addition #316a r r 0 �J 4 } 20022321 DN o RESOLUTION NO.4736 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 OLE'S COUNTRY STORE ADDITION NO.316; 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 MGS Partners, the owners of property located on the southeast corner of Highway 93 North and West Reserve 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 MGS Partner's Annexation Request, 9KA-02-8, 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 described in Exhibit A, be annexed to the - -City of Kalispell- and the boundary of the City is-aitered-to "so provide; aria shall -be known as Ole's Country Store Addition No. 316. 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. Art 20022321 CD140 PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF AUGUST, 2002. ATTEST: Theresa White City Clerk Mayor EXHIBIT "A" 10 A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW1/4NW1/4) OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: Commencing at the Northwest comer of said Section 31; thence South 89°34'39" East and along the North boundary of said Section 31 a distance of 69.32 feet to a point; thence South 0002F21" West and leaving the North boundary of said Section 31, a distance of 60.00 feet to the true point of beginning of the tract of land herein described and which is the point of intersection of the Southerly R/W of a county road known as West Reserve Drive and the Easterly US Highway-No-9 ; thence-----_ South 89"42'44" East and along the Southerly R/W of said county road a distance of 311.50 feet to a point; thence South 18°27'35" West and leaving said Southerly R/W a distance of 252.60 feet to a point; thence North 89042'44" West a distance of 233.01 feet to a point which is on the Easterly R/W of Highway No. 93 a distance of 240.00 feet to the Place of Beginning. Shown as Tract 1 on Certificate of Survey No. 7860. STATE CF M014 AAA County of Flatha_d SS City of herAy cattily that the insimmont to which th; certificate is affixed is a true, ocv:)(A c.r J cornrl,-,'&d cmy of the aiginal on IRG in the clfics of the Cisr; o; i::e C;_ al kl� iEPEii. VJdneL,a my d l oft .3 C'' of Kalil eh Whsaa d b the Clerk STATE OF MONTANA, 55 County of Flathead