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Resolution 4795 - Annexation - Grace Addition #329RESOLUTION NO. 4795 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 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS GRACE ADDITION NO.329; 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 Scott and Wanda Grace, the owners of property located at the southern terminus of Fourth Avenue West, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Scott and Wanda Grace's Annexation Request, #KA-03-10, dated May 5, 2003, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-4, Two Family Residential, 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 on Exhibit "A" be annexed to Cr the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Grace Addition No. 329. 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 2ND DAY OF JUNE, 2003. ATTEST: 'Theresa White City Clerk Pamela B. Mayor • MATE OF MONTAHA ag rity cd Fl }glad gyp¢ ¢V'' L�idb J 3 Ka., Ssi s i A q� t! Ne",�r F� 3 � i. .i{. ,�. E� F;. �Ev is Lil� b'S.Yu�Y.u944.-`S. is 3 J EXHIBIT A SCOTT AND WANDA GRACE LEGAL DESCRIPTION FOR ANNEXATION A TRACT OF' *LAND, SITUATED,; LYING, AND: BEING' IN TIM SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 18,, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.#M., FLATHEAD COUNTY, XQNTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLQWS TO WIT: BEG3XN1 NG'"-4t the`'iiox;,theasil...corner, of the Plat. of- HUWM 1 & 2- SUBDIVISION (records of Flathead County, Montana), which is a found iron pin on the easterly R/W of 4th AVENUE WEST; Thence along said R/W KOO 0 11116"E 25.98 feet 'to a set iron pin; Thence N88*23i-2,111E 232.21 feet to a set iron pin; Thence 500038137"B 205.13 feet to a found iron pin, - Thence S88*541330W 109.03 feet to a found iron pin; Thence U30*50,114"W 'Z4.76 feet to a set iron pin on the southerly R/W of a $0.00 foot radius cul-de-sac, concave northeasterly (radial bearing *58014,105"'W); Thence southwesterly and northwesterly along said cul-de-sac thrQug4 a central angle of 148'2114941 an aro length of 129-47 fdOt''ta'a'set iron pin on the east boundary of said Plat of HUNTER I & 2 SUBDIVISION; Thence along said east boundary N0000714411B 92-65 feet to the point of beginning And containing 0,.983 ACRES; Together with a 40 and 60 foot road and utility easement known as 4th AVENUE WEST as shown hereon; Subject to and together with all appurtenant easements of record.