Resolution 4488 - Annexation - Schulze - Addition #2931962
RESOLUTION NO. 4488
A RESOLUTION ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF
KALISPELL, DESCRIBED IN EXHIBIT "A TO BE KNOWN AS SCHULZE
ADDITION NO. 293.
WHEREAS, the City of Kalispell has received a request from George
Schulze, the owner 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-99-5 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-99-5) with a Neighborhood
Buffer District, City B-1, 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-99-5, and
WHEREAS, Schulze Addition No. 293 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.
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.
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SECTION III.
SECTION IV.
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
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.
The territory annexed by this Resolution shall
be zoned according to the Zoning Ordinances of
the City of Kalispell.
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:
Theresa White
City Clerk
Wri.E16ar5kl m
Wm. E. Boharski
Mayor
EXHIBIT A
LEGAL DESCIUPTION
SCH LZE ANNEXATION
Commencing at the northwest corner of Section 5, Township 28.North,
-. Range 11 West, P.M.,M., Flathead County, Montana; Thence along the
north boundary of said Section 5, 589*57138"E 30.00 feet to a
found iron pin on the easterly R/W of a 60 foot county road known
as Whitefish Stage Road and THE TWE POINT OF BEGINNING OF THE
TRACT OF LAND HEREIN DESCRIBED: Thence along said easterly R/W
N00'03'08"W 572.39 feet to a set iron pin; Thence leaving said R/W
N89*57900"E 237.55 feet to a set iron pin and the P.C. of a 180.00
foot radius curve, concave southwesterly, having a central angle of
45*03100"; Thence along an arc length of 141.53 feet to a set iron
pin; Tlience 545*00100"E 241.23 feet to a set iron pin and the P.C.
of a 180.00 foot radius curve, concave southwesterly, having a
central angle of 44053010"; Thence along an arc length of 141.01
feet to a set iron pin; Thence S00'06150"E 222.78 feet to a set
iron pin on the northerly R/W of a 60 foot county road known as
West Evergreen Drive and the south boundary of the Southwest
Quarterh of Section 32, Township 29 Borth Range 21 West, P.N.,M.,
Flathead County, Montana; Thence along said R/W and along said
south boundary N89'57'38"W 588.20 feet to the point of beginning.