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Resolution 4396 - Annexation - Hines - Addition #2851778 RESOLUTION NO. 4396 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT A, TO BE KNOWN AS HINES ADDITION NO. 285; TO ZONE SAID PROPERTY GENERAL BUSINESS, B-2, TO AMEND THE CITY ZONING NAP ACCORDINGLY AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Donald W. Hines, the owner of property located on the west side of Highway 93 South 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 with a General Business, B-2 zoning classification, and WHEREAS, the Flathead Regional Development Office has made a report on Hines Addition No. 285, Annexation and Zoning Request, #KA-98-2, dated March 2, 1998, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into -the City of Kalispell and be zoned General Business, B-2, and WHEREAS, Hines Addition No. 265 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, annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Hines Addition No. 285. 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 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 of Council, or on the j:\wp\res:Hines -1- 1 1 1 1`f 7 9 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 M . The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective 30 days from and after its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS DAY OF 1998. ATTEST: "�' -4e% Z'"' - 2yZZ=& Theresa White Clerk of Council j:\wp\Xes:Hines I wm,r- .Ba�arski . Wm. E. Boharski, Mayor 1,180 EXHIBIT A DONALD W. Knm REQUEST FOR ANNEX& #KA-98-2 LEGAL DESCRIPTION A tract of land in the NWIl4SEU4 of Section 20, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particulary described as follows: BEGINNING at the most Northerly corner of that tract as shown as Tract I, Certificate of Survey # 7123, records of Flathead County, said comer being on the Southwesterly Right -of -Way of U. S. Highway No. 93; thence SOUTH !7 Degrees 06 Minutes 30 Seconds WEST 259.44 feet to a set iron pin; thence NORTH 32 Degrees 53 Minutes 10 Seconds WEST 260.14 feet to a found iron pin; thence NORTH 57 Degrees 10 Minutes 05 Seconds EAST 259.70 feet to a point on the Southwesterly R/W of U. S. Highway No. 93; thence, SOUTH 32 Degrees 50 Minutes 29 Seconds EAST along said RJW 259.96 feet to the POINT OF BEGINNING and continuing 1.549 acres, more or less. Subject to and together with a 30 foot wide access and utility easement along the Southerly boundary, as shown hereon. Subject to and together with all easements of record. 1