Resolution 5363 - Annexation - Bertelsen Addition #408Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
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Paula Robinson, Flathead County MT by NC 5/29/2009 4:05 PM
RESOLUTION NO. 5363
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACTS 11FAA,11KA,11K,11W,11S,
11J, 11H, AND 11V LOCATED IN THE NORTHEAST QUARTER OF SECTION 29,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", TO BE KNOWN AS
BERTELSEN ADDITION NO.408; TO ZONE SAID PROPERTY IN ACCORDANCE WITH
` THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
IrN WHEREAS, the City of Kalispell has received a petition from Neil Bertelsen, the owner of
Aliproperty located on the west side of Highway 93 approximately 300 feet west of the
intersection of Highway 93 and Cemetery 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-09-01, dated April 7, 2009, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City B-2, General Business, with a Planned Unit Development
placeholder on approximately 2.48 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 Bertelsen Addition No. 408.
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
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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 4TH DAY OF MAY, 2009.
Pamela B. Kennedyy v
Mayor
ATTEST:
Y E
9
Theresa White
City Clerk �_
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EXHIBIT A
LEGAL DESCRIPTION
NEIL BERTELSEN
Four tracts of land in the Northeast Quarter of the Northeast Quarter (NE1/4NE1/4) of Section
Twenty-nine (29), Township Twenty-eight (28) North, Range Twenty-one (21) West, P.M.M.,
Flathead County, Montana further described as follows:
PARCEL 1: Commencing at the Southwest corner of the said NE1/4NE1/4; thence Northerly, a
distance of 30 feet to the North boundary of the county road; thence East, along the said North
boundary of the county road, a distance of 690 feet to the Point of Beginning; thence continuing East,
along said county road, a distance of 192 feet; thence North 297 feet; thence Westerly, parallel with
the South boundary of the NE1/4NE1/4, 192 feet; thence South 297 feet to the Point of Beginning.
PARCEL 2: Starting from the Southwest corner of said 40 acre subdivision; thence Northerly, along
the West line of said subdivision, a distance of 30 feet; thence Easterly on a line parallel to the South
boundary of said subdivision, a distance of 530 feet to the True Point of Beginning; thence North 165
feet; thence West 12 feet; thence North 132 feet; thence East 172 feet; thence South 297 feet; thence
West 162 feet to the Place of Beginning.
PARCEL 3: Beginning at the Southwest corner of the NE1/4NE1/4 of Section 29, Township 28
North, Range 21 West, P.M.M.; thence Northerly, along a line of said subdivision, a distance of 30
feet; thence Easterly, along a line of said subdivision, a distance of 472 feet to the Place of
Beginning; thence North, a distance of 165 feet; thence East 58 feet; thence South, a distance of 165
feet; thence West, along the line of said subdivision, a distance of 58 feet to the Place of Beginning.
PARCEL 4: Beginning at the Southwest corner of NE1/4NE1/4, Section 29, Township 28 North,
Range 21 West, P.M.M.; thence North, along the West boundary of said subdivision, a distance of
195 feet; thence East, a distance of 512 feet to the Place of Beginning; thence North, a distance of
132 feet; thence East, a distance of 6 feet; thence South, a distance of 132 feet; thence West, a
distance of 6 feet to the Place of Beginning.