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Resolution 4312 - Annexation - Appleway-Two Mile Drive1534 RESOLUTION NO.___4312 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF TIE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN PROPERTIES KNOWN AS APPLEWAY DRIVE AND A PORTION OF TWO MILE DRIVE ANNEXATION NO. 277, LOCATED IN SECTIONS 12 AND 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA; AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from the Flathead County Board of Commissioners, the owner of certain properties known as Appleway Drive and a portion of Two Mile Drive located in Section 12 and 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, requesting that the City of Kalispell Annex the territory into the City, and WHEREAS, the Flathead Regional Development Office has made a report on Appleway Drive and Two Mile Drive Annexation and Zoning Request, #KA-96-07, dated December 2, 1996, and WHEREAS, Appleway Drive and Two Mile Drive are included within and conform 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 44 Montana Code Annotated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Certain properties know as Appleway Drive and a portion of Two Mile Drive, located in Sections 12 and 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, as are more particularly described in Exhibits "A" and "B" , shall be annexed to the City of Kalispell and the boundary of said City is altered to so provide. SECTION II. Upon the effective date of this Resolution, the City Clerk of Council is directed to make and Certify, under the seal of the city a copy of the Record of these proceedings as are jlwplreslapp1may 1 R 12535 1 1 1 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 of Council, 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, 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. This Resolution shall be effective 30 days from and after its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF KALISPELL, THIS !n DAY OF 16-bN Lk n yu 1997. ATTEST: um Debbie Giff r C Clerk of Council jlwplreslappleway •mot.:.. �. - , Mayor U 1536 EXHIBIT A A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND IN THE SOUTH HALF OF THE NORTHEAST QUARTER AND IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER_ AND IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 12; THENCE S890 57129"W, ON AND ALONG THE SOUTH BOUNDARY OF SAID SOUTH HALF OF THE NORTHEAST QUARTER, A DISTANCE OF 30.62 FEET TO A POINT WHICH POINT IS A POINT ON THE WEST RIGHT-OF-WAY BOUNDARY OF MERIDIAN ROAD AND WHICH POINT IS THE TRUE POINT OF BEGINNING; THENCE CONTINUING S890 57'29"W, ON AND ALONG SAID WEST RIGHT-OF-WAY BOUNDARY OF MERIDIAN ROAD AND SAID SOUTH BOUNDARY OF THE SOUTH HALF OF THE NORTHEAST QUARTER, A DISTANCE OF 19.38 FEET TO A POINT; THENCE S00° 02131"E, ON AND ALONG SAID WEST RIGHT-OF=WAY BOUNDARY, A DISTANCE OF 9.87 FEET TO A POINT WHICH POINT INTERSECTS THE SOUTH RIGHT-OF-WAY BOUNDARY OF TWO MILE DRIVE; THENCE ON AND ALONG SAID SOUTH RIGHT-OF-WAY BOUNDARY OF TWO MILE DRIVE, THE FOLLOWING ELEVEN (11) COURSES: S890 57'48"W, A DISTANCE OF 440.50 FEET TO A POINT; S89° 57148"W, A DISTANCE OF 549.58 FEET TO A POINT; S890 57148"W, A DISTANCE OF 253.09 FEET TO A POINT; N00° 02113"W, A DISTANCE OF 10.12 FEET TO A POINT AND WHICH POINT IS THE CENTER EAST ONE -SIXTEENTH CORNER OF SAID SECTION 12; NORTHWESTERLY ON A CURVE TO THE LEFT (DELTA = 560 34'56", RADIUS = 100.00 FEET AND RADIAL BEARING = S560 261230N), AND ARC LENGTH OF 98.75 FEET TO A POINT OF TANGENCY; S890 51127°W, A DISTANCE OF 1000.00 FEET TO A POINT OF CURVATURE; SOUTHWESTERLY, ON A CURVE TO THE LEFT (DELTA = 180 54'548, RADIUS = 500.00 FEET), AN ARC LENGTH OF 165.06 FEET TO A POINT OF REVERSE CURVATURE; SOUTHWESTERLY,. ON A CURVE TO THE RIGHT {DELTA = 180 54154", RADIUS = 500.00 FEET, AN ARC LENGTH OF 165.06 FEET TO A PONT OF TANGENCY; S890 51'27"W, A DISTANCE OF 257.65 FEET TO A POINT WHICH POINT LIES ON THE CENTERLINE OF SPRING CREEK; N140 09110"E, ON AND ALONG SAID CENTERLINE, A DISTANCE OF 13.03 FEET TO A POINT; N890 59'49'W, A DISTANCE OF 287.47 FEET TO A POINT; 1 1537 1 i THENCE N00° 41125"W, AND LEAVING SAID SOUTH RIGHT-OF-WAY BOUNDARY, A DISTANCE OF 40.'70 FEET TO A POINT WHICH POINT LIES ON THE NORTH RIGHT-OF-WAY BOUNDARY OF SAID TWO MILE DRIVE; THENCE ON AND ALONG SAID NORTH RIGHT-OF-WAY BOUNDARY OF TWO MILE DRIVE, THE FOLLOWING SEVENTEEN (17) COURSES: N890 18135"E, A DISTANCE OF 438.29 FEET TO A POINT; N830 48135"E, A DISTANCE OF 100.50 FEET TO A POINT; N770 48135"E, A DISTANCE OF 102.78 FEET TO A POINT; N00° 44147"E, A DISTANCE OF 20.78 FEET TO A POINT; S890 57142"E, A DISTANCE OF 39.42 FEET TO A POINT WHICH POINT LIES ON THE WEST BOUNDARY OF SAID SOUTH HALF OF THE NORTHEAST QUARTER; CONTINUING S89057'42"E, 894.35 FEET TO A POINT; N00° 50'54"E, A DISTANCE OF 7.39 FEET TO A POINT WHICH POINT IS THE SOUTHWEST CORNER OF PORTA VILLA SUBDIVISION; N890 27'04"E, ON AND ALONG THE SOUTH BOUNDARY OF SAID PORTA VILLA SUBDIVISION, A DISTANCE OF 344.72 FEET TO A POINT; N890 24136", CONTINUING ON AND ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 33.16 FEET TO A POINT; SOO° 1611711E, CONTINUING ON AND ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 42.22 FEET TO A POINT; S740 56147"E, CONTINUING ON AND ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 106.59 FEET TO A POINT; N89° 17116"E, CONTINUING ON AND ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 180.84 FEET TO A POINT WHICH POINT IS THE SOUTHEAST CORNER OF SAID PORTA VILLA SUBDIVISION; S850 36117"E, AND LEAVING SAID SOUTH BOUNDARY OF PORTA VILLA SUBDIVISION, A DISTANCE OF 37.39 FEET TO A POINT; N890 39126"E, A DISTANCE OF 24.81 FEET TO A POINT; N890 53144"E, A DISTANCE OF 224.20 FEET TO A POINT; N890 17152"E, A DISTANCE OF 96.00 FEET TO A POINT; N890 58100"E, A DISTANCE OF 595.66 FEET TO A POINT AND WHICH POINT LIES ON SAID WEST RIGHT-OF- WAY BOUNDARY OF TWO MILE DRIVE; THENCE S00° 02'13"E, ON AND ALONG SAID WEST RIGHT-OF-WAY BOUNDARY OF MERIDIAN ROAD, A DISTANCE OF 40.13 FEET TO THE TRUE POINT OF BEGINNING. THIS TRACT CONTAINS 4.123 ACRES AND SUBJECT TO AND TOGETHER WITH ALL APPURTENANT EASEMENTS OF RECORD. 5µ ' 1538 1 .14 ._Ili ALL OF THE RIGHT-OF-WAY OF APPLEWAY DRIVE LOCATED IN SECTIONS 12 AND 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, PMM, FLATHEAD COUNTY, KALISPELL, MONTANA, LYING BETWEEN THE WEST BOUNDARY LINE OF MERIDIAN ROAD AND THE SOUTHEASTERLY BOUNDARY LINE OF HIGHWAY 2 WEST. I- 1