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Resolution 4889 - Annexation - Willis Addition #3462()06J 6 rJ2 1 RESOLUTION NO. 4889 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 WILLIS ADDITION NO.346; 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 Debbie Willis, the owner of J property located on the north side of Sunnyside Drive near the intersection of Denver Avenue, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on the Willis Annexation Request, J #KA-04-4, dated April 6, 2004, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-4, Two Family Residential, on approximately one and one- half 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" be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Willis Addition No. 346. 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 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 3RD DAY OF ATTEST: Theresa White City Clerk 14+0041 G,2' 1 EXHIBIT A DEBBIE WILLIS/RICHARD & PATRICIA RILEY ANNEXATION AND INITIAL ZONING OF R-4 LEGAL DESCRIPTION The land referred to in this policy is situated in the State of Montana, County of Flathead and is described as follows: A parce- of land in Lot 5 of Sunny Side Park, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, more particularly described as follows: Beginning at the Southwest corner of Lot 5 of Sunny Side Park; thence North 86'44'00" East, a distance of 2660.10 feet to a point to the True Point of Beginning; thence North 03'56100" West, a distance of 227.90 feet North 84'31'00" East, a distance of 148.40 feet Ashley Creek; thence continuing North 84'31'00" East, a distance of 30.00 feet, of Ashlev Creek; thence Southeasterly along the center of Ashley Creek t road as shown on the Sunny Side Plat; thence said road North 73°48'00" West, a distance of 180.00 feet, the North boundary of said road South 49°00'00" West, a distance of 110.50 feet South 88'44'00" West, a distance of 198.00 feet Beg4 nning. THE END to a point; thence to a point on the bank of more or less, to the center the North boundary of the along the North boundary of more or less; thence along to a point; thence to the True Point of STATEOFMONTAN4 COUNTYOFFLA7NEAD) SS RE`C0'QDED CG DSOFFL SAD PY, STATEOFA TA , A7'77-IE REQUE5TOF a C s' ✓C .L'U P, D � A'rsv , a KAND REC DER Sy AN -e