Resolution 4453 - NOT ACTED ON - Approve Chokecherry AnnexationRESOLUTION NO. 4453
1891
3��s
A RESOLUTION ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF
KALISPELL, SAID TERRITORY BEING APPROXIMATELY 2.628 ACRES OF THE
NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA, TO BE DESCRIBED AS CHOKECHERRY
ADDITION NO. 290.
µ WHEREAS, the City of Kalispell has received a request from Unicore
Development Inc. and John J. and Brenda Lee Vincent, the
owners of the property, which is described in "Exhibit
A", requesting annexation into said territory and zoning
by the City, and
WHEREAS, in the judgment of the City Council of the City of
Kalispell, Montana, it is in the best interest of the
City and the inhabitants thereof that said property be
annexed to the City, and
WHEREAS, on November 6, 1995, the City Council adopted pursuant to
Section 7-2-4732, MCA, an Extension of Services Plan
which anticipated the development of City services for
approximately five years in the future, and
WHEREAS, the Flathead Regional Development Office in Staff Report
#KA-99-2 indicated that sewer, roads, police, and fire
services are either available or already in service to
said property, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a hearing on February 9, 1999, pursuant
to Chapter 27.30, Kalispell Zoning Ordinance, to recom-
mend zoning for the property in accordance with the
Kalispell Zoning Ordinance, in the event the property is
annexed to the City, and
WHEREAS, the Flathead Regional Development Office recommended
annexation of the property (#KA-99-2) with Residential,
R-3, on a portion of the property and Public, P-1 on
another portion, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission passed a motion recommending against annexing,
zoning and subdividing the property, and
WHEREAS, the City Council intends that said territory, if annexed,
shall be zoned in accordance with the recommendations of
the Flathead Regional Development Office staff report
#KA-99-2, and
WHEREAS, Chokecherry Addition No. 290 is included within and
conforms to the Kalispell City -County Master Plan, and
WHEREAS, the City of Kalispell desires to annex the property
under the provisions of Title 7, Chapter 2, Part 46, MCA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That all the real property as is more
particularly described in Exhibit "A",
attached hereto and thereby made a part
hereof, shall be annexed to the City of
Kalispell and the boundary of the City is
altered to so provide.
1892
SECTION II.
Upon the effective date of this Resolution,
the 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 said
documents as prepared by the Clerk of Council,
or on the effective date hereof, whichever
shall occur later, said annexed territory 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 according to the zoning Ordinances of
the City of Kalispell.
SECTION IV. This Resolution shall be effective thirty (30)
days from and after its passage and approval
by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS DAY OF MARCH, 1999.
ATTEST:
Theresa White
Clerk of Council
Wm. E. Boharski
Mayor
1893
EXHIBIT A
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21
WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF TRACT I OF CERTIFICATE OF
SURVEY NUMBER 10223, RECORDS OF FLATHEAD COUNTY AND WHICH POINT
IS THE TRUE POINT OF BEGINNING;
THENCE N00009'57"E, ON AND ALONG THE EAST BOUNDARY OF SAID TRACT 1,
A DISTANCE OF 571.93 FEET TO A POINT WHICH POINT IS THE NORTHEAST
CORNER OF SAID TRACT 1 AND WHICH POINT LIES ON THE NORTH BOUNDARY
OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE S890,45'42"E, ON AND ALONG SAID NORTH BOUNDARY, A DISTANCE
OF 90.88 FEET TO A POINT;
THENCE S00"09'57"W, AND LEAVING SAID NORTH BOUNDARY, A DISTANCE OF
281.48 FEET TO A POINT;
THENCE S80036'21 "E, A DISTANCE OF 38.02 FEET TO A POINT;
THENCE N82049'21 "E, A DISTANCE OF 116.94 FEET TO A POINT;
THENCE S54°55'22"E, A DISTANCE OF 90.71 FEET TO A POINT;
THENCE S42"39'54"E, A DISTANCE OF 121.06 FEET TO A POINT;
THENCE S31 °15'22"E, A DISTANCE OF 59.62 FEET TO A POINT WHICH POINT
LIES AT THE INTERSECTION OF THE NORTH RIGHT -OF- WAY BOUNDARY OF
EAST CALIFORNIA STREET AND THE EAST RIGHT-OF-WAY BOUNDARY OF
SIXTH AVENUE EAST NORTH;
THENCE S76011'00"W, ON AND ALONG SAID NORTH RIGHT-OF-WAY
BOUNDARY, A DISTANCE OF 445.36 FEET TO THE TRUE POINT OF BEGINNING.
THIS BRACT CONTAINS 2.628 ACRES AND SUBJECT TO AND TOGETHER WITH
ALL APPURTENANT EASEMENTS OF RECORD.
LJ