Resolution 4775 - NOT ACTED ON - Annexation - NIPO LLC - Four Corners Addition #321f�yAl, r 6-1�f
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RESOLUTION NO. 4775
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
LOCATED IN SECTION 29, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS FOUR CORNERS ADDITION
NO. 321; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL
INTERIM ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from NIPO, LLC, the owner of property
located between the east side of Highway 93 South and Willow Glen Drive north of
Lower Valley Road, requesting that the City of Kalispell annex the territory into the
City, and
WHEREAS, the Tri-City Planning Office has made a report on NIPO, LLC's Annexation Request,
#KA-03-1, dated February 4, 2003, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City B-2, General Business, 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 L That all the real property as described on 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 Four Corners Addition No. 321.
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.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF , 2003.
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Theresa White
City Clerk
Pamela B. Kennedy
Mayor
EXHIBIT "A"
Land located in the Northeast Quarter of the Northeast Quarter of Section 29, Township 28 North,
Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more particularly
described as follows:
Commencing at the Northeast section corner of said Section 29, indicated by a found aluminum
monument and which point is the true point of beginning;
Thence S00°19'08"E, on and along the East boundary of said Northeast Quarter of the Northeast
Quarter, a distance of 827.51 feet to a point; thence S89°40'52"W, and leaving said East boundary, a
distance of 30.00 feet to a found 5/8" rebar and which point lies on the West right-of-way boundary
of a 60-foot declared County road known as Willow Glen Drive; thence S 12' 11'34"W, on and along
said West right-of-way boundary, a distance of 94.70 feet to a found 5/8" rebar and which point is a
point of curvature; Southwesterly, on a curve to the right (delta = 26°07'05", radius = 328.08 feet
and radial bearing = N82°24' 19"W), an are length of 149.55 feet to a found 5/8" rebar and which
point intersects with the East right-of-way boundary of U.S. Highway 93 and which point is in the
midst of a curve; thence Northwesterly, on a curve to the left (delta = 09°5l' 17", radius = 2972.43
feet and radial bearing = S68°36'47"W), an arc length of 511.25 feet to a found 5/8" rebar; thence
N34°37'28"W, on and along said right-of-way boundary, a distance of 454.04 feet to a found 5/8"
rebar; thence N41 ° 12'07"W, continuing on and along said right-of-way boundary, a distance of
116.00 feet to a found 5/8" rebar; thence N33°04'41"W, continuing on and along said right-of-way
boundary, a distance of 173.83 feet to a found 5/8" rebar and which point lies on the North boundary
of said Northeast Quarter of the Northeast Quarter; thence S89°35'48"E, on and along said North
boundary, a distance of 753.33 feet to the true point of beginning.
These tracts contain a total of 9.333 acres and subject to and together with a 60-foot declared County
road along the East boundary as shown hereon and subject to and together with all appurtenant
easements of record.