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Resolution 4592 - Annexation - Dennis Carver2190 RESOLUTION NO. 4592 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 CARVER ADDITION NO. 301; 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 Dennis Carver, the owner of property located on the north side of Kelly Road and east of Highway 93 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 Dennis Carver's Annexation Request, #KA-00-8, dated October 2, 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 'WHEREFORE, 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 Carver Addition No. 299. 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. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS GTH DAY OF NOVEMBER, 2000. ATTEST: WM.E.Boha4 . Wm. E. Boharski Mayor Theresa White City Clerk 2191 EXHIBIT "A" Carver Annexation A Tract of land situated, lying and being in the Southwest Quarter, Northeast Quarter (SWl/4 NE 114) of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows: Commencing at the NW corner of the SW 1/4 NE 1/4 of Section 20, Township 28 North, Range 21 West to a point as per Certificate of Survey No. 2532; thence South 89°24'14" East and along the North boundary of the SW1/4 NE1/4 of Section 20 a distance of 300.00 feet to a point which is the NE corner of Certificate of Survey 2532, the NW comer of Tract "D" of Certificate of Survey 2730 and the True Point of Beginning of the tract herein described; thence continuing (as per Correction Certificate of Survey No. 2936) South 89024' 14" East and along the North boundary of the SW IA NE 1 /4 of Section 20 and the North boundary of said Tract "D" a distance of 109.75 feet to a point; thence South 00°00'25" West a distance of 403.90 feet to a point; thence North 81 °52'36" West a distance of 10.00 feet to a point which is the P.C. of concave Southwesterly curve to the left; thence Northwesterly along a 954.38 foot radius curve to the left, through a central angle of 06101' 14", an arc length of 100.28 feet to a point on said curve (radial bearing of S 02°06'00" W) which is also the SE comer of the aforementioned Certificate of Survey 2532; thence North 00°00'25" East along the Westerly boundary of Tract "D" Certificate of Survey 2730 a distance of 394.70 feet to the Point of Beginning. I 1