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Resolution 5220 - Annexation - Touchstone, LLC/Mountain Vista Estates Phase 4 Addition #395200700025913 Fees: $21.00 by: TM RESOLUTION - PROPERTY by KALISPELL CITY ATTN/T Return to: date 8/24/2007 Time 11:20 AM Page: 1 of 3 Theresa White Paula Robinson, Flathead County Montana Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5220 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF Cj THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 1BFA IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS TOUCHSTONE, LLC/MOUNTAIN VISTA ESTATES PHASE 4 ADDITION NO.395; 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 Touchstone, LLC, the owners of property located on the north side of Three Mile Drive one-half mile west of Stillwater Road, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA-07-12, dated July 5, 2007, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-3, Urban Single Family Residential, on approximately 7.6 acres upon annexation into the City of Kalispell, 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 above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Touchstone, LLC/Mountain Vista Estates Phase 4 Addition No. 395. 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 6TH DAY OF ATTEST: Theresa White City Clerk IIIIIIII IN IIIII III II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII III Document Number: 200700025913 Page: 2 EXHIBIT A LEGAL DESCRIPTION FOR MOUNTAIN VISTA ESTATES SUBDIVISION ANNEXATION AND INTIAL ZONING Parcel B QIC eo5 /7/Zo A trcoct of land situated, lying and being in /he SW 114 of the SE 114 and The SE 114 of the SW 114 of Section 2, Township 28 North, Range 22 Wes', Principol Aferidion, Elothead County, Montano, more particularly described as follows_• Ctofnmencing of the Center-soulh 1116 Corner of Section 2; thence 5 69'46'55" 1W c distance of 650. 43' to Me TRUE POINT or BE611vNiN&; thence N 89046'55"E a distance of 326.49' to the thread of Spring Creek thence along said creek the following courses: S 14"33'82"Err distance of 32_60' to a pooint; 5 40-43'56" E, a distance of 29..0 9' to to print, S 87039'38"E a distance of 37 06' to a point; S 18"02'43"E a distance of 4418' fo a point,• S 62a46 YS" ,E a distance of 10 68' to a point;' N 62°27'09"E a distance of 1125' fo a point; N 32�,?0'44 " E a distance of 29_ 73 ` tra a poinl; N 75"21'04"4' a distance of 10-51' fo a point; S 53°.58'07" E a distance of 19.24' to o paint; S 00 ,?1'46" E a distance of 13.66' fo a paint.. S . 2p25:2 "Err distance of 23.63' to a point, N 35'38'45"E a distance rof 34.32' to a polnl; S 50a405" E a distance of i? 55' lro G point; S 00'33`58" W a distance of 6169f to a paint, S 34°25'35"C o distance of 40..50' Tn a point; S 3D°41 �'8" " a distance of 34. 79' to a paaint; N 86006'34"E a distance of 28.46' to e point;- S 52".32`36 E a dis lance of 25.52' to a pooint; S 15'2154E a distance of 62.C4' to Q paint;• S 28 51Y6 W a distance of 25-85' to a ooint,- lV 82011'59 W a distance of 24.67' to a patrol; 5 56 °40'06" W a distance of 28. 5T' t'o a point,• S 1400,?'06" ft' ca distance of ?J 3.3' to a PoinI; S 16a19 `38" W a distance of 43.24' to a point.- S 62049190" for 'a distance of 17 65' to a painl,- S 13147�?0" W a di aftcs of 19.43' to a point,- * 44"44'49" E a dislance of 14-37' to a point; S 08038 `35" W a dislance of 34. 86' fo a point; S 54,30`l5"'E a distance of 27 35` to a point; 5 28,00"41" W C distance of 20.14' to a point;- * 86"49 50" W a .distance of 48 38' to a po nl; S 46'00'08" W a distance of 80. 71' to a pooint; S 1614255" W a distance of 44.68' fo a Point,- S 09°03:5 "E a dislonce of J9.87' Yo a point; S 78027YO "' E a distance of 50.88' to a poinl,- S 01°'32'39" E a distance of 14-18' to a paint; theme leaving said creeh S 89©54'0.9" E o dislonce of 483 .31' to a 518'rebar; thence N 00131'23a a distance of 656.94' to ra Point of Beginning. containing 76.3 odes more or less- rog,elher with aed subject to a/1 easements as .shown and of record. Iillllll IIII 111111111111111111111111 lilll IIIII 11111111111111111111111111111111111111111111111111111 Document Number: 200700025913 Page: 3