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Resolution 4754 - Annexation - Makloski Addition #3192002339 I Z RESOLUTION NO.4754 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 AS ASSESSOR'S TRACT 7CF LOCATED IN SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA TO BE KNOWN AS MAKLOSKI ADDITION NO.319; (l�^J TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL INTERIM ^J ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Ken Makloski, the owner of property located on the west side of Highway 93 South approximately 600 feet north of Twin Acres Drive requesting that the City of Kalispell annex the territory into the 10 City, and WHEREAS, the Tri-City Planning Office has made a report on Ken Makloski's Annexation Request, #KA-02-13, dated November 4, 2002, and WHEREAS, the Kalispell City 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 above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Makloski Addition No. 319. 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 Interim Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. 20023391Z110 PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 2ND DAY OF DECEMBER, 2002. ATTEST: eresa White City Clerk STATE orMONTANA1 "'�y,00' jf(CP`.a County o1 Flathead j 89 ""rc:hmtmnan��"P�o City of Kalispell JJJ I hereby Wily that the Instrument to which this certificate Is affixed is a true, oorroot and ccmaarsd copy of the original on file In the offioe of the Clsrlx of the Ciiy of I{aiispol. - �WW n�shea] of the Ci f Kalispell, Flaw , Montar a I gm 2002339 1 Z, I t, O DESCRIPTION — PARCEL 1 A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER SECTION CORNER, INDICATED BY A FOUND BRASS CAP MONUMENT; THENCE N89°25'23"W, ON AND ALONG THE NORTH BOUNDARY OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2.06 FEET TO A POINT WHICH POINT LIES ON THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY 93; THENCE S32050'29"E, ON AND ALONG SAID WESTERLY RIGHT-OF-WAY BOUNDARY OF U.S. HIGHWAY 93, A DISTANCE OF 950.16 FEET TO THE SOUTHEAST CORNER OF PARCEL A OF CERTIFICATE OF SURVEY NUMBER 8340, RECORDS OF FLATHEAD COUNTY AND WHICH POINT IS THE TRUE POINT OF BEGINNING; THENCE S32050'29"E, CONTINUING ON AND ALONG SAID WESTERLY RIGHT- OF-WAY BOUNDARY OF U.S. HIGHWAY 93, A DISTANCE OF 100.00 FEET TO A POINT; THENCE S57009' 12"W, A DISTANCE OF 560.00 FEET TO A POINT WHICH LIES ON THE EASTERLY BOUNDARY OF A TRACT OF LAND DESCRIBED IN BOOK 479 PAGE 256, RECORDS OF FLATHEAD COUNTY; THENCE N32050'29"W, ON AND ALONG SAID EASTERLY BOUNDARY OF A TRACT OF LAND DESCRIBED IN BOOK 479 PAGE 256, A DISTANCE OF 100.00 FEET TO A POINT WHICH POINT IS THE SOUTHWEST CORNER OF SAID PARCEL A OF CERTIFICATE OF SURVEY NUMBER 8340; --THENCE N57009'12"E; ON AND ALONG THE SOUTH BOUNDARY OF SAID PARCEL A OF CERTIFICATE OF SURVEY NUMBER 8340, A DISTANCE OF 560.00 FEET TO THE TRUE POINT OF BEGINNING. THIS PARCEL CONTAINS 1.286 ACRES OF LAND AND SUBJECT TO AND TOGETHER WITH THE PRIVATE TAXIWAY, ROAD AND UTILITY EASEMENT AS SHOWN HEREON AND ANY OTHER EASEMENTS OF RECORD. STATE OF MONTANA, I ss County of Flathead Recorded at the reque of this �{ day of , 20 s the records of Flathead County, State of Montana. Fee $ � Pd. / RECEPTION N . 2002339 Z U RETA6 RN TO o'clock County Clerk and (Deputy) and recorded in