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Resolution 4487 - Annexation - Berger - Addition #292Ineffi RESOLUTION NO. 4487 A RESOLUTION ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF KALISPELL, THE BERGER ADDITION NO. 292. WHEREAS, the City of Kalispell has received a request from David and Deanne Berger, the owners of the Berger Addition, 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-99-4 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 June 8, 1999, pursuant to Chapter 27.30, Kalispell Zoning Ordinance, to recommend 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-99-4) with Two Family Residential, R-4, on the property, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission passed a motion recommending approval for annexing and zoning 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 4KA-99-4, and WHEREAS, Berger Addition No. 292 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 the Berger Addition No. 292 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 City Clerk 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 City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory and its 1 1 1 1961 1 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 immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 21st DAY OF JUNE, 1999. ATTEST: i heresa White City Clerk Wm l • bcharski Wm. E. Boharski -Mayor 12414 r: W LEGAL. DESCR7110N OF PORTION OF HWE R PROPMTY TO BE AMEM TO CM OF RALU r_ Thdpmfim dheNAead'/. of the Northcast `4 of Section 19, Townes 28 Nor&, Range Zl W* Flathead Cam, Moab= desansled as tollom Commmei ng at &e Na to iest corner of the Norte % offie Narfted'/� 6mce alaogthe Westlioa d e Nmteast % offfie Nary/.5aodh Qns"4Z" East 635.56 £net to the Point of Be&wing thence todia ag along the West lice of the NerthmA 14 of&e Norte'/, Sam 0OW4Z" East 125.00 Seel to the Worth lime dBBehar Ad&= bm shine North line of Belmar Ad on North W5r45" East 216.19 got dw=Nor& 0OW42" Wet 125.00 fiet It on! Sooth W52'45" West 216.19 fleet to the Point afBeimaim codainiag 0.62 acre of land