Resolution 4940 - Resolution of Intent to Annex - 16th Street WestRESOLUTION NO.4940
A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF
KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 44, M.C.A.
(ANNEXATION OF CONTIGUOUS GOVERNMENT LAND), COMPRISING PLATTED
TRACTS OF LAND AND UNPLATTED LAND THAT HAS BEEN SURVEYED FOR
WHICH CERTIFICATES OF SURVEY HAVE BEEN FILED, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", TO BE DESIGNATED AS 16TH STREET WEST
ADDITION NO.355, DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF THIS
RESOLUTION AS PROVIDED BY LAW, AND SETTING A PUBLIC HEARING.
WHEREAS, in the judgment of the City Council of the City of Kalispell, Montana, it is in the best
interest of the City of Kalispell and the inhabitants thereof, that the contiguous
platted tracts and unplatted land that have been surveyed and for which certificates of
survey have been filed, as required by law, encompassed in Exhibit "A" attached
hereto and for purposes of this Resolution made a part hereof, be annexed to the City
of Kalispell, so that the boundaries of the City of Kalispell would be extended so as
to include the same within the corporate limits of the City, to zone said property in
accordance with the Kalispell Zoning Ordinance, Ordinance No. 1460, as amended;
and
WHEREAS, the City of Kalispell desires to annex the property to the City limits under the
provisions of Title 7, Chapter 2, Part 44 Montana Code Annotated (Annexation of
Contiguous Government Land); and
WHEREAS, on the 6th day of November, 1995, the City Council adopted, pursuant to Title 7,
Chapter 2, Part 47 Montana Code Annotated, an Extension. of Services Plan which
anticipated development of City services approximately five years in the future, said
Plan being amended on the 1st day of March, 1999, and
WHEREAS, the City Council shall, prior to annexing said property, cause to be developed an
Extension of Services plan for the territory described in Exhibit "A", and proposed by
this Resolution to be annexed, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission shall on the 9th day of
November, 2004, hold a Public Hearing, pursuant to 27.03.010, Kalispell Zoning
Ordinance, to recommend zoning for the territory described in Exhibit "A" in
accordance with the Kalispell Zoning Ordinance, in the event the territory is annexed
to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That it is the intention of the City of Kalispell that certain territory
described in Exhibit "A", be embraced within the corporate limits of
the City and the boundaries of the City be so extended so as to
include the same.
SECTION II. That it is further the intention of the City of Kalispell that said
property described in Exhibit "A" be zoned in accordance with the
Kalispell Zoning Ordinance, Ordinance No. 1460, as amended.
SECTION III. The City Clerk shall forthwith prepare and publish in the Daily Inter
Lake, a daily newspaper published at Kalispell, Montana, proper
notice of this Resolution of Intention at least once a week for two
successive weeks.
SECTION IV. For a period of twenty days after the first publication of said notice by
the City Clerk, said City Clerk will receive expressions in writing of
the approval or disapproval of the proposed extension of the
boundaries of said City of Kalispell.
SECTION V. At the regularly scheduled meeting of the City Council of the City of
Kalispell, the City Clerk shall forward all written communication
received by said Clerk for Council's consideration.
SECTION VI. The City Council, after considering all written communication, may
adopt a resolution approving the annexation and the boundaries of the
City shall thereby be extended to include the property described in
Exhibit "A".
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 4TH DAY OF OCTOBER, 2004.
f
Pamela B. Kenn ed,
Mayor }
Attest:
Theresa White
City Clerk
EXHIBIT "A"
215 16TI Street W
Parcel A — Tract 8Y
A tract of land in the SE1/4 SE1/4 of Section 18, Township 28 North, Range 21 West, P. M.,M.,
Flathead County, Montana, described as follows:
Commencing at the southeast corner of said Section 18; thence
S88°04'55"W along the south boundary of the SEI/4 of said Section 18 a distance of 688.95 feet to
the southeast corner of a Tract of land shown and described on Deed Exhibit Boob 518, page 729,
records of Flathead County, said corner being the TRUE POINT OF BEGINNING of the tract of
land herein described; thence
along the boundaries of said Deed Exhibit the following courses: S88°04'55"W 538.97 feet;
N08°30'00"E 105.84 feet; N38°00'00"W 69.32 feet; N00°13'26"E 257.42 feet; N89°02'01"E 35.00
feet; N00013'26"E 310.00 feet; N88021'49"E 174.99 feet; S00°56'45"W 121.00 feet; N88°21'49"E
360.00 feet; S00°56'45"W 202.70 feet; N88°29'01"E 33891 feet; S02°28'07"E 20.00 feet;
S88°29'01"W 340.11 feet; S00°56'45"W 132.45 feet; S00°21'51"E 248.46 feet to the point of
beginning containing 8.229 acres more or less, being subject to and together with all appurtenant
casements of record.