Resolution 4871 - Annexation - Highland Development - Northland Subdivision Addition #34300410 3i`
RESOLUTION NO. 4871
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 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS HIGHLAND ADDITION NO.343;
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 Highland Development, LLC, the
owners of property located west of the Northland subdivision, north of the
Meadowland subdivision and east of Stillwater 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 Highland Development's
Annexation Request, #KA-04-2 and KPUD-04-1, dated March 1, 2004, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-3, Single Family Residential, with a Planned Unit
Development overlay on approximately 67.49 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 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 Highland Addition No. 343.
SECTION H. 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.
20041-03)St CcC
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 5TH DAY OF APRIL, 2004.
Pamela B. Kennedy
Mayor
ATTEST
Theresa White
City Clerk
2004103 151(z
Exhibit A
LEGAL DESCRIPTION — NORTHLAND Planned Unit Development
That portion of land in the Northwest Quarter of Section 1, Township 28 North, Range 22
West, Principal Meridian Montana, Flathead County, described as follows:
BEGINNING at the Center Quarter section corner of said Section 1, Township 28 North,
Range 22 West; thence along the southerly boundary of said Northwest Quarter the
following two courses: North 890 22' 01" West 1316.61 feet and North 89' 18' 39" West
1287.45 feet to the easterly right of way of Stillwater Road, a 60.00-foot county road as
described in Book 345, Page 247, records of Flathead County, Montana; thence along
said easterly right of way of said Stillwater Road, North 0° 38'33" East 92.22 feet to the
southwesterly comer of Tract 2 of Certificate of Survey Number 3593 records of the
Flathead County, Montana; thence along the southerly and easterly boundaries of said
Tract 2 the following two courses: South 89' 49' 56" East 432.76 feet and North 0° 39'
26" East 878.57 feet to the northeasterly corner thereof and to the southerly boundary of
that parcel of land shown on Deed Exhibit Book 501, Page 162 records of Flathead
County, Montana; thence along the southerly and easterly boundaries of said parcel of
said Deed Exhibit Book 501, page 162, South 89' 49' 50" East 1143.61 feet and North 00
38' 30" East 880.25 feet to the southwesterly corner of Tract 2 of Certificate of Survey
Number 13923 records of Flathead County, Montana; thence along the southerly and
easterly boundaries of said Tract 2 on said Certificate of Survey 13923 the following
three courses: South 890 50' 13" East 833.17 feet and South 00 49' 48" West 736.78 feet
and South 89' 50' 13" East 833.17 feet and South 0°49'48" West 736.78 feet and South
890 45' 35" East 200.24 feet to the easterly boundary of said Northwest Quarter of
Section 1; thence along the easterly boundary of said Northwest Quarter, South 0°48' 55"
West 1136.5 feet to the Point of Beginning containing 67.49 acres of land, more or less,
as shown on this plat which is herewith incorporated in and made part of this legal
description.
SUBJECT to a Right of Way Easement as set forth in an instrument recorded July 31,
1987 in Reception Number 87-231-11450 records of Flathead County, Montana
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