Resolution 4147 - Resolution of Intent - Annex Evergreen StripRESOLUTION NO. 4147
A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO THE CITY OF
KALISPELL, COMPRISING THAT TERRITORY DESCRIBED IN EXHIBIT W
ATTACHED HERETO AND THEREBY MADE A PART HEREOF, TO BE DESIGNATED AS
THE EVERGREEN ANNEXATION NO. 255, TO FIX A DATE OF A HEARING
THEREON, AND TO PROVIDE FOR PUBLICATION OF NOTICE OF SAID HEARING.
WHEREAS, in the judgement 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, and the
inhabitants of the contiguous platted tracts or parcels
of land or unplatted land for which a certificate of
survey has been filed, which are contained in Exhibit
"A", attached hereto and thereby made a part hereof, that
the boundaries of the City of Kalispell, would be
extended so as to include the same within the corporate
limits of the City of Kalispell, General Business B-2, or
other appropriate zone in accordance with the City of
Kalispell Zoning Ordinance, Ordinance 1175, as amended,
and
WHEREAS, on the 3rd day of April, 1989, the City Council adopted,
pursuant to Title 7, Chapter 2, Part 47, Montana Code
Annotate, an Extension of Services Plan which anticipated
development of the City services for approximately five
years in the future, and
WHEREAS, the City Council shall, prior to annexing said property
cause to be developed an extension of services plan
specifically addressing the territory described in
Exhibit "A", and proposed by this Resolution to be
annexed, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission shall on the _ 10th day of _ May , 1994,
hold a public hearing, pursuant to Section 27.30.030,
-City of Kalispell Zoning Ordinance, to recommend zoning
.""':for the territory descr-0-- ' E,�hibit "A" in accordance
,th the Kalisp-3'in the event the
_�. Z+:.;;
territory is annexed to rL,_ c;, t:y, and
WHEREAS, the City of Kalispell desires to annex the property to
the City limits under the provisions of Title 7, Chapter
.2, Part 43 Montana Code Annotated (Annexation of
Contiguous Lands).
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RESOLUTION NO. 4147
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787
WHEREAS, the Montana Supreme Court pursuant to its decision in
urr tt v. rAty of Butte, 508, P.2d 683 (1973) has held
that a corporation is not a "resident freeholder" within
this contiguous annexation method and as best as can be
determined by City Officials there are no resident
freeholders residing on any land to be annexed pursuant
to this resolution; and
WHEREAS, the Montana Supreme Court pursuant to its decision in
Kunesh v. City of Great Falls, 317 P.2d 297, 299, 301
(1957) indicated that intention to establish a permanent
residence on property annexed is necessary in order to be
considered a resident freeholder for annexation protest
purposes as a resident freeholder.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That it is the intention of the City of
Kalispell that certain territory comprising
the Evergreen Addition No. 255 be embraced
within the corporate limits of the City of
Kalispell and the boundaries of said City be
so extended so as to include the same. Said
territory is more particularly described in
Exhibit "A", attached hereto and thereby made
a part hereof.
SECTION II. That is further the intention of the City of
Kalispell that property described in Exhibit
"A" be zoned as General Business, B-2 or other
appropriate zone in accordance with the City
of Kalispell Zoning Ordinance, Ordinance No.
1175, as amended.
SECTION III. The City Clerk of Council shall forthwJ.th
prepare and publish in the Dail Ater Lake-: P
daily newspaper publishes[ &,I.. K&:,.isp::y
Montana, proper notice of this Resolution of
Intention at least once a week for two
successive weeks next preceding the regularly
scheduled Council meeting at which said
Annexation will be considered; and give said
notice in writing, addressed to the address to
which tax notices are sent to all owners and
purchasers under contract for deed of the
property in the territory to be embraced.
. RESOLUTION NO. 4147 2
s
EC ION IV. For a period of twenty days after the first
publication of said notice by the City Clerk
of Council, said City Clerk of Council will
receive expressions in writing of approval or
disapproval of the proposed extensions of the
boundaries of said City of Kalispell from
freeholders of territory proposed to be
embraced therein.
SECTION V. At the regularly scheduled meeting of the City
Council of the City of Kalispell next
succeeding the expiration of said twenty days,
the City Clerk of Council shall lay before the
Council all communications in writing so
received by her for the City Council's
consideration. If after considering the same
such council shall duly and regularly pass and
adopt a resolution to that effect, the
boundaries of such city of the first class
shall be extended so as to embrace and include
such platted tracts or parcels of land or
unplatted land for which a certificate of
survey has been filed; the time when the same
shall go into effect to be fixed by such
resolution.
SECTION VI. Such resolution shall not be adopted by such
council if disapproved in writing by a
majority of the resident freeholders of the
territory proposed to be embraced.
PASSED BY THE CITY CWNCIL OF THE CITY OF KALISPELL, AND APPROVED
BY THE MAYOR THIS DAY OF APRIL, 1994.
w r' Rauthe - Mayor
Attest:
inanc Director
M
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EXHIBIT "A"
City of Kalispell: Evergreen Annexation
Those portions of Section 4, 8, and 9 of Township 28 North, Range 21 West, Principal Meridian, Flathead
County, Montana, described as follows:
Comneming at the northeast corner of the Southwest Quarter of the Northeast Quarter of Section 8,
Township 28 North, Range 21 West; thence West along the north line of said aliquot pat 723.3 feet; thence
South 30"34' West 1346.7 feet, to the POINT OF BEG71WWVG of the parcel being described, said point
being the most westerly comar of that parcel described in Book 277 Page 599, records of Flathead County,
Montana; thence along the westerly and southerly boundaries of said parcel, the following two courses:
South 30°24' Fast 540.9 feet, more or less, and South 4° West 206.25 feet, mom or less, to the northwest
corner of that parcel described in Book 285 Page 385, records of Flathead C.ourAy, Nbntana; thence along
the westerly and southerly lines of said pa=l, South 40 West 101.05 feet, more or less, and
South 77°4T East 740 feet, more or less; thence along the northerly line of the Phillips Addition to Kalispell
and the Arnmded Subdivision Plat of Lots 3, 4, and 5 of Block 1 of Phillips Addition to Kalispell, the plats
of said subdivisions being on record with the Flathead County Clerk and Recorder, South 77153' East
250 feet, more or less, to the northeast corner of said Phillips Addition to Kalispell; thence along the easterly
boundary of said Phillips Addition to Kalispell, South 23013' East 181 feet, more or less, and
South 0'24' West 641 feet, more or less, to the northerly boundary of Conrad Drive; thence along the
northerly boundary of Conrad Drive, North 62118' Fast 133 feet, more or less, to the westerly line of that
parcel described in Documernt 9401911460, records of Flathead County, Montana; thence along the westerly
line of said parcel North 0°24' East 506 feet, more or less, to the southerly boundary of that parcel described
in Book 85 Page 117; thence along the southerly and easterly boundary of said panel, the following courses:
South 76005' Fast 271 feet, more or less, South 77"57 Fast 200.8 feet, more or less,
South 86°48' East 332.5 feet, more or less, North 64'06 East 207.3 feet, more or less,
North 40° East 247 feet, more or less, North 18°40' East 240 feet, more or less, and
North 26°02' East 291.2 feet, more or less, to a point on the west boundary of Section 9, Township 28
North, Range 21 West; thence continuing in said Section 9 along the southerly and easterly boundary of said
parcel described in Book 85 Page 117, records of Flathead County, Montana, the following courses:
North 58°53' East 59.5 feet, more or less, North 28009' Fast 299.5 feet, more or less,
'N nth 56°28' Fast 207.2 feet, more or less, North 45°52' East 132 fee', -tnQre or
.;2r22' East 172.3 feet, more or less, North 26°2Y East Zu2.6 fect, n.(A-e u, if -Ss,
r1orth 26°53' East 264.7 feet, more or less, North 17° 38' East 140 fed., mare or less,
North 0'38' East 213 feet, more or less, and North 17' 17 West 123.1 feet, more or less, to the easterly line
of that parcel described in Book 331 Page 20, records of Flathead County, Nbntatra; thence along said
easterly line of said parcel, North to the right bank of the Stillwater River; thence northwesterly along the
right bank of said Stillwater River to a point on the south line of the Northwest 1/4 of the Northwest 1/4 of
Section 9, Township 28 North, Range 21 West; thence continuing in the Northwest 1/4 of the Northwest 1/4
of said Section 9, northerly along the right bank of the Stillwater River, the following courses:
North 75°2934" West 96.64 feet, more or less, North 68° 11' 18" West 49.61 feet, more or less,
North 40°1639" West 130.60 feet, more or less, North 16°5739" West 73.21 feet, more or less,
North 2903622" East 54.16 feet, more or less, North 7°2605" East 169.43 feet, more or less,
North 30°00' 15" East 64.83 feet, more or less, North 30°58'08" East 226.16 feet, more or less,
North 63*1657" Fast 29.54 feet, more or less, North 0°42'03" West 161.60 feet, more or less, and
North 19°07'25" West 194.67 fed, more or less, to the southeasterly right-of-way line of U.S. Highway
No. 2; thence North 66' W37" East along said southeasterly right-of-way line to the left bank of the
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Stillwater River, thence southerly along the left bank of said Stillwater River to the southwesterly line of
that parcel described in Document 9005815520, records of Flathead County, Montana; thence along said
southwesterly line of said parcel, South 75045' East 200 feet, more or less, and South 3745' East 287.0 feet,
more or less, to the most southerly corner of said parcel; thence along the easterly line of said parcel,
North 24029 East 395.5 feet; thence continuing along said easterly line of said parcel, North 46.07' West to
the most southerly comer of that parcel described in Document 9103610270, records of Flathead County,
Montana; thence northeasterly along the southeasterly line of said parcel southeasterly
line f that
parcel described in Document 9408211460, records of Flathead Co mty,
135 feet, more or less, North 1904U East 131.6 feet, more or less, and North 095' East to the southeasterly
right-of-way line of U.S. Highway No. 2; thence along said southeasterly right-of-way line,
North 65°0T East to the west line of that parcel described in Document 9302110270, records of Flathead
County, Montana; thence south along said west line of said parcel to the north line of the Northwest 1/4 of
the Northwest 1/4 of Section 9, Township 28 North, Range 21 West, said point being 1018 feet east, more
or less, from the northwest comer of the Northwest 1/4 of the Northwest 1/4 of said Section 9; thence
continuing along the west line of said parcel, South 1320 feet, more or less, to the south line of said parcel;
thence along the south line of said parcel, East 296.0 feet, more or less, to the east line of said parcel;
thence along the east line of said parcel, North 0°00'28" East 1030.5 feet, more or less; thence West
20.00 feet, more or less; thence continuing along the east line of said parcel, North 0°00'28" East
230.27 feet, more or less, to the north line of the Northwest 1/4 of the Northwest 1/4 of Section 9,
Township 28 North, Range 21 West; thence along the north line of said aliquot part, Fast 20 feet, more or
less, to the southwest comer of the Southeast 1/4 of the Souammst 1/4 of Section 4, Township 28 North,
Range 21 West; thence along the south line of said aliquot part North 89131' 18" East, a distance of
1312.05 feet, more or less, to the southeast corner of said aliquot part; thence along the east line of said
aliquot part, North 0-17,41" East 614.40 feat, more or less, to the southwest corner of that parcel described
as Tract 1 in Docwnent 8636316510, records of Flathead County, Montana; them along the south line of
said parcel, North 89*57' East, 219.9 feet, more or less, to the southeast corner of said parcel; thence along
the east line of said parcel, North 77.0 feet, more or less, to the southeast comer of that parcel described as
Tract 2 in Document 8636316510, records of Flathead Courity, Montana; thence along the east line of said
parcel, North 121.2 feet, more or less, to the southwesterly comer of Lot 4A of the Amended Plat of NI&S
Services Subdivision, the plat of which is on file with the Flathead County Clerk and Recorder; thence along
the south line of said Lot 4A, North 89057'00" East 167.35 fee., more or less, to the southwest corner of that
parcel denoted as "Conunon Area on saiO.,�,rrrm Plat of M&S Services Subdivision; thence along the
south line of said "Connnon Area," North 89°57'00" East 44.02 feet, more or less,. to the southeast comer
thereof; thence along the easterly line of said "Common Area," North 12°2613" West 109.70 feet, more or
less, to the southwest corner of that parcel described in Docurrm t 9119312280, records of Flathead County,
Montana; thence along the southerly line of said parcel, North 8302627" East 121.09 feet, more or less, to
the southeast corner of said parcel; thence along the easterly line of said parcel, North 1°42'20" West
165.88 feet, more or less, to the southerly line of that parcel described in Document 8507110250, records of
Flathead County, Montana; thence along the southerly line of said parcel, North 85°53'29" East 94.94 feet,
more or less, to the southeast comer thereof; thence along the easterly line of said parcel, North
3014'47" West 112.21 feet, more or less, to the southwest comes' of that parcel described in Document
8531211500, records of Flathead County, Nbntana; thence along the southerly line of said parcel,
North W59'38" East 264.40 feet, more or less, to the westerly right-of-way line of South Cedar Drive;
thence along said westerly right-of-way line, North 4142'00" West 328.00 feet, more or less, to the
southeasterly right-of-way line of old U.S. Highway No. 2 (now designated as Montana State Highway
No. 35); thence along said southeasterly right-of-way line, North 559500" Fast 69 feet, more or less, to the
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791
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Book 473 Page 878, records of Flathead County, Montana; thence along the southeasterly line of said parcel,
North 55°35' East 100.00 feet, more or less, to the southwesterly corner of that parcel described in
Document 9233612250, records of Flathead C Knity, Montana; thence two courses along the southeasterly
line of said parcel, North 76°53' East 206.3 feet, more or less, and Noah 36124' East 59.8 feet, more or less,
to the southeast comer of said parcel; thence along the easterly line of said parcel, North 1001 F West 185.7
feet, more or less, to the southeasterly right-of-way line of Old U.S. FEghway M. 2 (now designated as
Montana State FEghway No. 35); thence along said southeasterly right-of-way line, North 55035' East 22.5
feet, more or less, to the northwesterly comer of that parcel described in Document 9233612340, records of
Flathead County, Montana; thence along the westerly line of said parcel, South 10° 11' East 194.7 feet, more
or less, to the southwesterly comer of said parcel; thence along the southeasterly line of said parcel, North
66023' East 245.8 feet, more or less, to the southeasterly corner of said parcel; thence along the fly
line of said parcel, North 31058' West, 23.7 feet, more or less, to the southwesterly comer of that second
described parcel in Document 8614914500, records of Flathead County, Montana; thence along the
southeasterly line of said parcel, North 55031' East 112.56 feet, more or less, to the southwesterly comer of
that first described parcel in Document 86149145W, records of Flathead County, Montana; thence along the
southeasterly line of said parcel, North 55031' East 200 feet, more or less, to the southwesterly right-of-way
line of Shady Lane; thence at right angles to the southwesterly right-of-way line of Shady Lane,
North 56°30' East 60 feet, more or less, to the northeasterly riglt-of-way line of said Shady Lane, said point
also being on the southwesterly line of that parcel described in Document 9224116160; thence along said
southwesterly line of said parcel, and along said northeasterly right-0f4ay line of said Shady Lane, South
33030' East 124 feet, more or less, to the southerly bank of Little Spring Creek; thence along the southerly
bank of Little Spring Creek, and the southerly lines of said parcel and those parcels described as Parcels 1 &
2 in Document 8521913500, records of Flathead County, Montana, North 61°38' East 420.9 feet, more or
less, to the southeast corner of said Parcel 2 of Document 8521913500, records of Flathead County,
Montana; thence along the northeasterly line of said parcel, North 33030' West 450 feet, more or less, to the
northwesterly right-of-way line of Old U.S. Highway No. 2, now designated as Montana Highway No. 35;
thence along said northwesterly right-of-way line, and along the southeasterly line of Valley View Addition,
the plat of which is on record with the Flathead County Clerk and Recorder, North 55042' East to the north
right-of-way line of East Cottonwood Drive; thence westerly along said north right-of-way line of said East
-,aonwood Drive, to its intersection with the easterly right-of-way lin, of La 3e"�. ' : e ., wAfed as
J.g�ay No. 2; thence southerly along said easterly right-of-way lirw ol-? T.c'.:. atx�.6y ': ' ,. '9 feet,
more or less, to the south right-of-way line of the above -mentioned East Cottonwood Drive; thence westerly
along the westerly projection of said south right-of-way line of said Fast Cottonwood Drive, and continuing
along the south right-of-way line of West Cottonwood Drive, to the northwest comer of Lot 15 of Block 1
of Schuman and Anderson Subdivision, the plat of which is on file with the Flathead County Clerk and
Recorder; thence along the west line of said Lot 15 and the west line of Lot 16 of said Block_ 1 of said
Subdivision, South 179.6 feet, more or less, to the north line of that parcel described in
Docm=t 8902511110, records of Flathead County, Montana; thence along the north Ime of said parcel,
West 490 feet, more or less, to the west line of said parcel; thence southerly along the west line of said
parcel, to the southeasterly right-of-way line of West Cottonwood Drive; thence sciAhI westerly along said
southeasterly right-of-way line, to the south line of that parcel described in Document 9121908430, records
of Flathead County, Montana; thence along the south line of said parcel South 89015'54" West 320.26 feet,
more or less to the westerly line thereof; thence along the westerly line of said parcel, South 0°48'36" East,
159.71 feet, more or less, to the northwest comer of that parcel described in Book 550 Page 795, records of
Flathead County, Montana; thence along the westerly line of said parcel, South 7153' East 442.8 feet, more
lam.. a., +U, .ah'Iina of t1,rt wimp] A-crTihM in PivAr 7R6 PaoP RA1. rer.nrdc �f'In+N-,qd Cr—nfv
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of 329.40 feet, more or less, to the northwest corner of that parcel described in Document 9210816510,
records of Flathead County, Montana; thence along the west line of said parcel, South 0005'30" West
220 feet, more or less, to the north line of the Southeast 1/4 of the Southwest 1/4 of Section 4, Township 28
North, Range 21 West; thence west along the north line of said aliquot part, 333 feet, more or less, to a
point which is 330 feet east of the northwest comer of the Southeast 1/4 of the Southwest 1/4 of said
Section 4; thence South and parallel to the wrest line of said Southeast 1/4 of the Southwest 1/4, 658.2 feet,
more or less, to the northeast corner of that parcel described as Tract 6 in Document 9403313400, records of
Flathead County, Montana; thence west along the north line of said parcel, 127 feet, more or less, to the
northeast comer of that parcel described as Tract 7 on Document 9403313400, records of Flathead County,
Montana; thence west along the north line of said parcel, 203 feet, more or less, to the east line of the
Southwest 1/4 of the Southwest 1/4 of said Section 4, Township 28 North, Range 21 West, said point being
on the easterly right-of-way line of West Cottonwood Drive; thence South along the east line of said
Southwest 1/4 of the Southwest 1/4 and along the easterly right-of-way line of West Cottonwood Drive, to a
point which bears East 30 feet, more or less, from the southeast comer of that parcel described as Tract 1 in
DocumerA 91220,2220, records of Flathead County, Montana; thence West 30 feet, more or less, to the
southeast corner of said Tract 1 of said Document 9122012220, said point being on the west right-of-way
line of the above described West Cottonwood Drive; thence along said west right-of-way line of said West
Cottonwood Drive, and along the easterly line of said Tract 1 of said Document 9122012220, North 53 feet,
more or less, to the northeast corner of said Tract 1 of said Document 9122012220; thence along the north
line of said Tract 1 of said Document 9122012220, West 193.11 feet, more or less, to the northwest corner
of said Tract 1 of said Document 9122012220; thence along the west line of said Tract 1 of said
Document 9122012220, South 99.66 feet, more or less, to the northwesterly right-of-way line of the above -
described West Cottonwood Drive; thence along the northwesterly right -of --way line of said West
Cottonwood Drive, South 76025' West 90.52 feet, more or less, to the southeast corner of that parcel
described in Document 9316614070, records of Flathead County, Montana; thence along the south line of
said parcel, and continuing along the northwesterly right -of --way line of said West Cottonwood Drive, South
7603T 12" West, 20.73 feet, more or less, and South 79°37' 12" West 293.66 feet, more or less, to the east
right-of-way line of River Road, thence continuing South 79°3712" West 82 feet, more or less, to the
westerly right-of-way line of said River Road; thence northerly along said westerly right-of-way line of
River Road, to the northeast corner of that parcel described as Parcel One in Document 9123516160, records
of Flathead County, Montana; thence along the northwesterly line of said parcel, South 65°53'03" West
282.01 feet, more or less, to the low water mark on the left bank of the Stillwater River; thence along said
low water mark of the ,Stillwater River, South 8-2916" East 288.97 feet, more or less, and South
20°02'06" West 44.25 feet, more or less, tc, *he rrtih lire -If the .southwest 1/4 of the Southwest 1/4 of
Section 4, Township 28 North, Range 21 West; thence continuing southerly along the low water mark on the
left bank of the Stillwater River to the northwesterly right-of-way line of U.S. Highway No. 2, thence
southwesterly along said northwesterly right-of-way line to the east line of Section 8, Township 28 North,
Range 21 West; thence northerly along said east line of said Section 8, to the northerly right-of-way line of
Montclair Drive; thence along said northerly right-of-way line of said Montclair Drive, South 74°28' West
766.1 feet, more or less, and South 51 °40' West 734.96 feet, more or less, to the east line of the
Northwest 1/4 of the Northeast 1/4 of Section 8, Township 28 North, Range 21 West; thence continuing
westerly along the northerly right-of-way line of said Montclair Drive, to the northwesterly right-of-way line
of Flathead Drive; thence southwesterly along the northwesterly right-of-way line of said Flathead Drive and
continuing southwesterly along the southeasterly right-of-way line of the Burlington Northern Railroad, to a
point that bears North 30P24' West from the Point of Beginning thence South 30°24' East to the Point of
Beginning.
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Excluding therefrom the following tracts of land:
1)
Any portion of an island parcel designated on County Tract Maps as "Tract 21" which may lie in
the Northwest 1/4 of the Northwest 1/4 and/or the Southwest 1/4 of the Northwest 1/4 of Section 9,
Township 28 North, Range 21 West
2)
That parcel described in Docurrmt 9118314220, records of Flathead County, Montana (A wor's
Tract No. 4QAC, in the Northwest 1/4 of the Southeast 1/4 of Section 4, Township 28 North, Range
21 West)
3)
Those parcels described in Document 9000915130, records of Flathead County, Montana (Assessor's
Tract No. 4QB and 4NB, in the Northwest 1/4 of the Southeast 1/4 of Section 4, Township 28
North, Range 21 West)
4)
That parcel described in Book 460 Page 798, records of Flathead County, Montana (Assessor's Tract
No. 4SB, in the Northwest 1/4 of the Southeast 1/4 of Section 4, Township 28 North, Range 21
West);
5)
That parcel described in Book 466 Page 878, records of Flathead County, Montana (Assessor's Tract
No. 4SC, in the Northwest 1/4 of the Southeast 1/4 of Section 4, Township 28 North, Range 21
West);
6)
That parcel described in Book 595 Page 440, records of Flathead County, Montana (Assessor's Tract
No. 4SD, in the Northeast 1/4 of the Southeast 1/4 of Section 4, Township 28 North, Range 21
West)
7)
That parcel described in Document 8708414020, records of Flathead County, Montana (Assessors
Tract No. 4SA, in the Northeast 1/4 of the Southeast 1/4 of Section 4, Township 28 North, Range 21
West)
8)
That parcel described in Document 9236511570, records of Flathead County, Mod" (Assessor's
Tract No. 4NA, in the Northeast 1/4 of the Southeast 1/4 of Section 4, Township 28 North, Range
21 West)
9)
Those parcels described in Book 516 Page 60, records of Flathead County, Montana (Assessors
Tract No. 14, No. 15, and No. 30E in the SoWhvwest 1/4 of the Northeast 1/4 of Section 8, Township
28 North, Range 21 West)
10)
Those parcels described in Document 9313211480, records of Flathead_ Counrty, Montana (Assessor's
Tract No. 30RC and No. 30-8C, in the Southwest 1/4 of the Northeast 1/4 of 4:, TOWWNp
28 North, Range 21 West)
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