Resolution 4546 - Annexation - Deloris Partnership Group12096
RESOLUTION NO. 4546
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE
CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", TO BE
KNOWN AS APPLEWAY OFFICE COMPLEX ADDITION NO. 291; TO ZONE SAID
PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO
DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from
Deloris Partnership Group, Stanley W. Pine and Marie M.
Sterner, the owners of property located on the north side
of Appleway Drive and east of its intersection with
Highway 2 approximately 1/4 mile 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, and
WHEREAS, the Flathead Regional Development Office has made a
report on Deloris Partnership Groups Annexation Request,
#AKA-00-1, dated March 6, 2000, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the territory be annexed into
the City of Kalispell, and
WHEREAS, said territory 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, be annexed to the City of Kalispell and the
boundary of the City is altered to so provide, and shall
be known as Appleway Office Complex Addition No. 291.
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 of said documents as
prepared by the City Clerk, or on the 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 III. The territory annexed by this Resolution
shall be zoned in accordance with the Kalispell Zoning
Ordinance.
SECTION IV. This Resolution shall be effective
immediately upon passage by the City Council.
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2097
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 3RD DAY OF APRIL, 2000.
ATTEST:
"4"' '
Theresa white
City Clerk
Wry , E . 5CjhDrLk_ i .,
Win. E. Boharski
Mayor
ENMIT A
LEGAL DESCRIPTION
Deloris/Pine/Sterner - Annexation and Initial Zoning
Deloris Group (Tract 1BA)
Commencing at the Southeast Section corner of said Section 12; thence South 89° 16'09" West, on
and along the South boundary of said Southeast Quarter of Section 12, a distance of 902.52 feet to
a point; thence North 00"37'03" East, a distance of 30.00 feet to a point which lies on the North
boundary of a 60 foot road known as Appleway Drive, and which point is the True Point of
Beginning; thence continuing North 00°37'03" East, on and along the West boundary of a tract of
land described in Book 638, Page 476, records of Flathead County, a distance of 630.00 feet to a
point which lies on the South boundary of a tract of land described in Book 730, Page 457, records
of Flathead County; thence South 89° 16'09" West, on and along said South boundary of a tract of
land described in Book 730, Page 457, a distance of 66.00 feet to a point which point is the Northeast
corner of a tract of land described in Book 679, Page 767, records of Flathead County; thence South
00°3703" West, on and along the East boundary of said tract of land described in Book 679, Page
767, a distance of 630.00 feet to a point which lies on said North boundary of a 60 foot road known
as Appleway Drive; thence North 89' 16'09" East, on and along said North boundary of Appleway
Drive, a distance of 66.00 feet to the True Point of Beginning.
Pine (Tract 1 B)
Commencing at the southeast corner of the southeast Quarter of Section 12, Township 28 North,
Range 22 West, P.M.,M., Flathead County, Montana, which is a found brass cap on the centerline
of a 60 foot county road known as Appleway Drive; Thence along the south boundary of said
Southeast 1/4 and along said centerline South 89° 16'29" West 902.53 feet; Thence leaving said
centerline North 00°37'03" East 30.01 feet to a found iron pin and THE TRUE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence continuing North
00"3703" East 526.98 feet to the approximate thread of Spring Creek; Thence along said thread the
following courses: South 36°06'53" East 15.43 feet; South 34029'55" East 18.83 feet; South
71 °36'41" East 130.46 feet; South 75°02'04" West 22.38 feet; South 80°49'07" East 14.76 feet;
North 73 "41'43" East 20.13 feet; North 85"58'01" East 49.11 feet; South 80° 18'30" East 76.32 feet;
South 00° 19'32" West 9.77 feet; South 41 °02'24" East 8.60 feet; Thence leaving said thread South
00037103" West 425.53 feet to a found iron pin on the northerly right-of-way of said Appleway Drive;
Thence along said right-of-way South 89° 16'29" West 330.00 feet to the Point of Beginning and
containing 3.516 acres.
Sterner (Tract IE)
Commencing at the Southeast comer of Section 12; thence along the South line of the Southeast 1/4,
also being the center line of Appleway Drive South 89° 16'29" West 264.06 feet to the Point of
Beginning; thence continuing along said line South 89° 16'29" West 308.57 feet; thence North
00"3703" East 470.52 feet; thence South 89°22'57" East 117 feet more or less to the South bank
of Spring Creek; thence Northeasterly along the North 00 ° 22'30" East from the Point of Beginning;
thence South 00°22'30" West 598 feet more or less to the Point of Beginning containing 3.64 more
or less acres of land all as shown hereon.