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Resolution 4859 - Annexation - Ken Kramer Addition #3402004013 09 3�0 RESOLUTION NO. 4859 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 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS KRAMER ADDITION NO.340; 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 Ken Kramer, the owner of property located on the east side of Fifth Avenue East near the 1700 block, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Johnson's Annexation Request, KA-03-21, dated December 1, 2003, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City RA-1, Low Density Residential Apartment, on approximately 1.17 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 1. 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 Kramer Addition No. 340. *1 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 UJ and file said documents with the Flathead County Clerk and Recorder. cc 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 W. 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 5TH DAY OF JANUARY, 2044. r Pamela . Kenne Mayor ATTEST: Theresa White City Clerk 2004013 OLI EXHIBIT A KEN KRAMER ANNEXATION AND INITIAL ZONING OF RA-1 LEGAL DESCRIPTION A TRACT OF LAND LC ATED IN 7174E 5OU771FAST CUARTSR OF THE 52JIWNEST QUARTER OF 55CTION 17 TCNN55I1P 26 NOR7I4, RANGE 21 XEST, PRINCIPAL flERIDIAN, MONTANA, FLATNFAD COUN77r, MCNTANA AND n6RE PARTICULARL r DE5CRIBED A5 FOLLC;N6: BEGINNING AT A POINT'. 1098.05 FEET 513S7'3f'F FRCY7 7NE SOU7NWE5T CORNER OF BLOCK 246 OF KALISPELL 7CNN517F COPIPAWS ADDITION NO 7 TO KALISPELL, MONTANA AND NNIC 4 POINT 15 ON A LINE WN1CN 15 TNF 5OU774ERLr CONTINUATION OF THE NEST LINE OF SAID BLXX 248 AND N141C14 POINT 15 7 4E TRUE POINT OF BEGINNING; 774ENCE 513.57'31 #E ON AND ALONG SAID CONTINUATION OF TI4E WEST LINE OF SAID BLOCK 244 A DISTANCE OF 43.00 FEET TO A 51" T 5/8' RE -BAR, 774ENCE N76'04'32% AND LEAVING SAID LINE, A D15TANCE OF 173.35 FEET TO A 5ET 518' RE -BAR, THENCE 513'57'.310E, A DISTANCE OF 64.23 FEET 7`O A 5ET 515' RE -BAR; TNEdCE N76 04'32F A D157-ANCE OF 198.87 FEET TO A !POINT AND NNIW POINT LIES ON 774E NEST SWNDAR r OF BLGC'K 1 OF GR ACRES NORTH -NEST 5USD1VISICW, A FLAT OV FILS NIT1.1 T14E FLATI4EAD COUNT r CLERK AND RECORDEi.'S OFFICE, 774ENCE NO"09'37#N, CH AND ALONG SAID NEST BGUNDARI', A D15TANCE" OF 22a57 FELT TO A 5ET 618' RE -BAR; THENCE 576"04'.32'Nd, AND LEAVING SAID WE5T BWNDARY, A DISTANCE OF 210,% FEET TO A 5E7- 5/50 RE -BAR; 774ENCE 513-57'31'F, A DISTANCE OF 1Q2.00 FEET TO A 5ET 6/6" RE -BAR; THENCE 576 04'34'W, A 015TANCE OF 213.67 FEET TO 714F TRUE POINT OF BEGINNING. 774/5 PARCEL CONTAINS 1.170 ACRES AND SUBJECT TO AND TC CETI4ER WITH ALL APPURTENANT EA5B7 IEW5 OF RECORD. STATE OF UON TIAW COWN OF FLATHEAD) se 20040i-303&'c<"G