Resolution 5463 - Annexation - AKB Investments Addition #412Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
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Paula Robinson, Flathead County MT by NC
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A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
AL PROPERTY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY NO.1662
ITHIN SECTION 28, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.., FLATHEAD
COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
TO BE KNOWN AS AKB INVESTMENTS ADDITION NO. 412; 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 AKB Investments, LLP, the owners
of property located on the east side of Highway 93 South at the intersection of
Highway 93 and the Highway 93 alternate route, 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-10-02, dated September 7, 2010, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City B-5, Industrial Business, on approximately 9.46 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 on Exhibit "A" below be annexed to
the City of Kalispell and the boundary of the City is altered to so provide, and
shall be known as AKB Investments Addition No. 412.
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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Paula Robinson, Flathead County M7 by NC
10/6J2010 11:43 AM
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 OCTOBEF. 2010.
Duane Larson
ATTEST: Council President
Theresa White °$®a,
City Clerk : r
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EXHIBIT A �` `"
LEGAL DESCRIPTION
AKB INVESTMENTS, LLP
(TRIPLE W EQUIPMENT)
Tract 6E, Section 28, Township 28 North, Range 21 West is further described as follows:
A tract of land, situated, lying, and being in the southwest quarter of the southwest quarter of Section
28, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana, and more particularly
described as follows to wit:
Tract l:
Beginning at the northeast corner of Lot 1 of the Plat of Montana Tractor Tracts (records of Flathead
County, Montana), which is a found iron pin; Thence along the north boundary of said Lot 1,
NSA050'33"W 621.83 feet to a found aluminum cap on the easterly R/W of U.S. Highway No. 93;
Thence leaving said boundary and along said easterly R/W N00°04' 36"E 660.98 feet to a found iron
pin; Thence leaving said R/W N 89°57'49"E 622.04 feet to a found iron pin; Thence S00°05'42"W
663.09 feet to the point of beginning and containing 9.452 acres; Subject to and together with all
appurtenant easements of record.