Loading...
Resolution 4581 - Resolution of Intent - Annex Glacier Village Greens2148- RESOLUTION NO. 4581 A RESOLUTION OF INTENTION TO ANNEX. TERRITORY INTO THE CITY OF KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 43, M.C.A. (ANNEXATION OF CONTIGUOUS LAND), COMPRISING PLATTED TRACTS OF LAND AND UNPLATTED LAND THAT HAS BEEN SURVEYED FOR WHICH A CERTIFICATE OF SURVEY HAS BEEN FILED, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO BE DESIGNATED AS GLACIER VILLAGE GREENS ADDITION NO. 295, AND DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW. WHEREAS, in the judgment of the City Council of the City of Kalispell, Montana, it is in the best interest of the City of Kalispell and the inhabitants thereof, that the contiguous platted tracts and unplatted land that has been surveyed and for which a certificate of survey has been filed, as required by law, encompassed in Exhibit "A" attached hereto and for purposes of this Resolution made a part hereof, be annexed to the City of Kalispell, so that the boundaries of the City of Kalispell would be extended so as to include the same within the corporate limits of the City, to zone said property in accordance with the Kalispell Zoning Ordinance, Ordinance No. 1175, as amended; and WHEREAS, on the 6�h day of November, 1995, the City Council adopted, pursuant to Title 7, Chapter 2, Part 47 Montana Code Annotated, an Extension of Services Plan which anticipated development of City services approximately five years in the future, said Plan being amended on the 1st day of March, 1999, and WHEREAS, the City Council shall, prior to annexing said property, cause to be developed a "mini -extension" of services plan for the territory described in Exhibit "A", and proposed by this Resolution to be annexed, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission shall on the loth day of October, 2000, hold a Public Hearing, pursuant to 27.03.010, Kalispell Zoning Ordinance, to recommend zoning for the territory described in Exhibit "A" in accordance with the Kalispell Zoning Ordinance, in the event the territory is annexed to the City, and WHEREAS, the City of Kalispell desires to annex the property to the City limits under the provisions of Title 7, Chapter 2, Part 43 Montana Code Annotated (Annexation of Contiguous Land). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That it is the intention of the City of Kalispell that certain territory described in Exhibit "A", be embraced within the corporate limits of the City and the boundaries of the City be so extended so as to include the same. 2149 SECTION II. That it is further the intention of the City of Kalispell that said property described in Exhibit "A" be zoned in accordance with the Kalispell Zoning Ordinance, Ordinance No. 1175, as amended. SECTION III. The City Clerk shall forthwith prepare and publish in the Daily Inter Lake, a daily newspaper published at Kalispell, Montana, proper notice of this Resolution of Intention at least once a week for two successive weeks next preceding the regularly scheduled Council meeting at which said Annexation will be considered; and give said notice in writing, addressed to all registered voters in the territory proposed to be embraced. SECTION IV. For a period of twenty days after the first publication of said notice by the City Clerk, said City Clerk will receive expressions in writing of the approval or disapproval of the proposed extension of the boundaries of said City of Kalispell from the registered voters residing in the area proposed to be annexed. SECTION V. At the regularly scheduled meeting of the City Council of the City of Kalispell, next succeeding the expiration of said twenty days, the City Clerk shall forward all written communication received by said Clerk for Council's consideration. SECTION VI. The City Council, after considering all written communication, may adopt a resolution approving the annexation and the boundaries of the City shall thereby be extended to include the property described in Exhibit "A". PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF SEPTEMBER, 2000. WMT.Baharski Wm. E. Boharski Mayor Attest: eresa white City Clerk 2150 Exhibit A Page 1 of 3 GLACIER VILLAGE GREENS, PHASE I A SUBDIVISION IN THE SE1/4 & SW1/4 SEC. 32, T.29.N., R.21W., P.M., M., FLATHEAD CO. MONTANA AMENDED PLAT LOT II, GLACIER VILLAGE GREENS, PHASE I A SUBDIVISION IN THE SE1/4 & SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO., MONTANA AMENDED PLAT LOTS 1, 82 and 83 GLACIER VILLAGE GREENS, PHASE I A SUBDIVISION IN THE SE1/4 & SW1/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA GLACIER VILLAGE GREENS, PHASE II A SUBDIVISION IN THE SE1/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE III A SUBDIVISION IN THE S1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA AMENDED PLAT OF LOTS 70 & 71 GLACIER VILLAGE GREENS, PHASE III A SUBDIVISION IN THE S1/2 SEC. 32, T.29N., R 21W., P.M., M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE III A A SUBDIVISION IN THE S1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA GLACIER VILLAGE GREENS, PHASE IIIB A SUBDIVISION IN THE E1/2SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO., MONTANA AMENDED PLAT OF LOT 127 OF THE PLAT OF GLACIER VILLAGE GREENS, PHASE IIIB A SUBDIVISION IN THE E1/2SW1/4, SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA 2151 Exhibit A Page 2 of 3 GLACIER VILLAGE GREENS, PHASE IV .A SUBDIVISION IN THE W1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA GLACIER VILLAGE GREENS, PHASE V A SUBDIVISION IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA AMENDED PLAT OF Homeowner's Park A of Glacier Village Greens, Phase III Lots 160, 216 and the Homeowner's Park of Glacier Village Greens, Phase IV IN THE W1/2SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE VIII A SUBDIVISION IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA AMENDED PLAT OF LOTS 1 &2 GLACIER VILLAGE GREENS, Phase VIII A SUBDIVISION IN THE NW1/4SE1/4 SEC. 32., T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE IX A SUBDIVISION IN THE W1/2SE1/4 SEC. 32, T.29N., R.21W., PM.,M., FLATHEAD COUNTY, MONTANA AMENDED PLAT OF GLACIER VILLAGE GREENS, PHASE IX A SUBDIVISION IN THE W1/2SE1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE X A SUBDIVISION IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA AND A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE WEST HALF OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana; Thence along the north boundary of said Section 5, N89055109"E 30.00 feet to a set iron pin on the easterly R/W of a 60 foot county road known as Whitefish Stage Road, which is THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W N0000310811W 1146.61 feet to a found iron 2152 Exhibit A Page 3 of 3 pin; Thence leaving said R/W N89059145"E 213.61 feet to a found iron pin; Thence N01024' 27"W 207.48 feet to a found iron pin; Thence S89055' 59"W 10.00 feet to a found iron pin; Thence N0202413611E 411.97 feet to a found iron pin; Thence N20008133"E 100.12 feet to a found iron pin; Thence N1803010411E 223.97 feet to a set iron pin; Thence N79037127"E 71.92 feet to a found iron pin; Thence S17013' 4111W 261.53 feet to a found iron pin; Thence S02042' 43 "W 225.00 feet to a found iron pin; Thence S0104714311W 235.46 feet to a found iron pin; Thence S0304614511E 138.54 feet to a found iron pin; Thence S2101015011E 104.45 feet to a found iron pin; Thence S4502812511E 169.53 feet to a found iron pin; Thence S4001012911E 138.50 feet to a found iron pin; Thence S7004214311E 137.36 feet to a found iron pin; Thence S4402411911E 294.91 feet to a found iron pin; thence S25007153"E 185.26 feet to a found iron pin; Thence S2803211511E 216.19 feet to a found iron pin; Thence S89054139"W 370.00 feet to a set iron pin; Thence S0000512011E 299.48 feet to a set iron pin on the north boundary of said Section 5; Thence along said boundary S89055109"W 701.12 feet to the point of beginning and containing 21.606 ACRES; Subject to and together with all appurtenant easements of record. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, which is a found brass cap; Thence along the north boundary of said Section 5, S8905713811E 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 TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; Thence along said easterly R/W N0000310811W 572.39 feet to a set iron pin; Thence leaving said R/W N8905710011E 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 45003100"; Thence along an arc length of 141.53 feet to a set iron pin; Thence S4500010011E 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 44053110"; Thence along an arc length of 141.01 feet to a set iron pin; Thence S0000615011E 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 north boundary of Section 5; Thence along said R/W and along said north boundary N8905713811W 588.20 feet to the point of beginning and containing 6.826 ACRES; Subject to and together with all appurtenant easements of record. 1