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Resolution 3985 - Resolution of Intent - Annex Pack West Addition #239114 RESOLUTION NO. 3985 A RESOLUTION OF INTENTION TO ANNEX CERTAIN WHOLLY SURROUNDED TERRITORY TO THE CITY OF KALISPELL, SAID TERRITORY BEING LOCATED IN NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4), SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST; P.M.M., FLATHEAD COUNTY, MONTANA, TO BE DESIGNATED AS THE H�ARING THEREON, K ANDSTOAPROVIDE FOR 239, TO FIX A DATE OF PUBLIC DUE AND PROPER NOTICE OF SAID ANNEXATION. WHEREAS, certain real property as is more particularly described in Exhibit "A", attached hereto and for purposes of this Resolution made a part hereof, is contiguous to and wholly surrounded by the corporate limits of the City of Kalispell, and WHEREAS, in the judgment of the City Council of the City of Kalispell, Montana, it is in the best interest of the City of Kalispell and the inhabitants thereof that the contiguous and wholly surrounded platted tracts encompassed in Exhibit "A" be annexed to the City of Kalispell, so that the boundaries of the City should be extended so as to include the same within the corporate limits of the City of Kalispell, and WHEREAS, on the 3rd day of April, 1989, the City Council adopted, pursuant to Title 7, Chapter 2, Part 47, Montana Code Annotated, an Extension of Services Plan which anticipated development to City services for approximately five years in the future, and WHEREAS, the City Council shall, prior to annexing said property cause to be developed a "mini -extension of services plan" for the territory described in Exhibit "A", and proposed by this Resolution to be annexed, and . WHEREAS,he Kalispell City --County Planning Board and Zoning Commission shall on the llth day of June, 1991, hold a public Hearing, pursuant to Section 6.13, Kalispell Zoning Ordinance, to in recommend zoning the Kalispellitory Zoningdescribed ordinance, inExhibit hven " the accordance with territory is annexed to the City, and WHEREAS, the City Council intends that said territory, if annexed, shall be zoned in accordance with the recommendations of the Kalispell City -County Planning Board and Zoning Commission, and WHEREAS, the City of Kalispell desires to annex the property to the City of Kalispell under the provisions of Title 7, Chapter 2, Part 45, Montana Code Annotated. 1 E 115 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY KALISPELL AS FOLLOWS: SECTION I. That it is the intention of the City of Kalispell that certain territory comprising all of the contiguous and wholly surrounded property described in Exhibit "A" be embraced with the corporate limits of said City and that the boundaries of said City be extended to include the same. SECTION II. That it. is further the intention of the City of. Kalispell that the property described in Exhibit "A" upon annexation, be zoned as recommended by the Kalispell City -County Planning Board and Zoning Commission. SECTION III. That the City Clerk -Treasurer of the City of Kalispell shall give immediate notice of the passage of this Resolution, by notifying in writing all owners and purchasers under contract for deed of property in the territory, addressed to the address to which tax notices are sent; and further publish notice of the Resolution in the Daily Interlake, once a week for two successive weeks. SECTION IV. That the notice herein ordered published shall state that this Resolution has been duly and regularly passed and that for a period of twenty (20) days after the first publication said Clerk -Treasurer will receive expressions of approval or disapproval, in writing, from the freeholders with in the territory to be annexed except that, in accordance with Section 7-2- 4502, MCA, the territory shall be annexed, upon passage of a Resolution of Annexation, whether or not a majority of the resident freeholders in the territory object. SECTION V. That at the next regularly scheduled meeting of the City Council after the expiration of the twenty (20) days of Section IV, supra, the City Clerk - Treasurer shall lay before the Council all communications in writing received by him for said Council's consideration. SECTION VI. That if after considering the comments made the Council shall duly and regularly pass and adopt a Resolution of Annexation, the boundaries of the City shall be extended so as to embrace and include said territory, upon date fixed in said Resolution of 2 E 116 Annexation. PASSED BY THE CITY COUNCIL OF THE CITY .OF KALISPELL AND APPROVED BY THE MAYOR THIS 3rd DAY OF JUNE, 1991. Attest: L,11�2, A2�� )fffty erk-Treasurer 3 L� m 117 EXHIBIT A PACK WEST ADDITION NO. 239 A TRACT OF LAND IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, M.P.M., FLATHEAD COUNTY, MONTANA, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 412.4 FEET EAST OF THE WEST BOUNDARY OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND 208 FEET NORTH OF THE S-1[16 LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, WHICH IS THE TRUE POINT OF BEGINNING; THENCE 164 FEET NORTH AND PARALLEL WITH THE WEST BOUNDARY OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE EAST 157.95 FEET PARALLEL WITH THE SOUTH 1/16 LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 570 35' EAST 297.1 FEET TO A POINT 208 FEET NORTH OF THE SOUTH 1/16 LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND 828.4 FEET EAST OF THE WEST BOUNDARY THEREOF; THENCE WEST 416 FEET PARALLEL WITH THE SOUTH 1/16 LINE TO THE POINT OF BEGINNING. TOGETHER WITH A TRACT OF LAND DESCRIBED AS FOLLOWS: A TRACT 'OF LAND IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, M.P.M., FLATHEAD COUNTY, MONTANA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12; THENCE NORTH 87° 58' EAST AND ALONG THE SOUTHERLY BOUNDARY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 412.4 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND BEING DESCRIBED; THENCE NORTH 870 58' EAST AND ALONG THE SOUTHERLY BOUNDARY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 723.0 FEET TO A POINT; THENCE NORTH 570 55' WEST A DISTANCE OF 370.8 FEET TO A POINT 208.0 FEET NORTH OF THE SOUTHERLY BOUNDARY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12; THENCE SOUTH 87° 58' WEST AND PARALLEL TO THE SOUTHERLY BOUNDARY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 416.0 FEET TO A POINT; THENCE m %, 118 SOUTH 0048' WEST AND PARALLEL TO THE WESTERLY BOUNDARY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 208.0 FEET TO THE POINT OF BEGINNING. 1 1 r-I