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Resolution 4473 - FAILED - Chokecherry Annexation - Addition 2901936 RESOLUTION NO. 4473 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. 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 approval for 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. V 1937 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. 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 I11. 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 3rd DAY OF MAY, 1999. ATTEST: Theresa White City Clerk 1 Wm. E. Boharski Mayor 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 S00009'57"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 S54055'22"E, A DISTANCE OF 90.71 FEET TO A POINT; THENCE S42039'54"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 TRACT CONTAINS 2.628 ACRES AND SUBJECT TO AND TOGETHER WITH ALL APPURTENANT EASEMENTS OF RECORD. 5