Resolution 4947 - Resolution of Intent - Road AnnexationsRESOLUTION NO.4947
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 ROADWAYS
CONTAINING PLATTED TRACTS OF LAND AND UNPLATTED LAND, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", 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
roadways containing platted tracts and unplatted land, 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; 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 1 st day of March, 1999, and
WHEREAS, the Kalispell City Council shall on the 6th day of December, 2004, hold a Public
Hearing, pursuant to MCA 7-2-406, to hear all persons and things relative to the
proposed annexation of 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 I ST DAY OF NOVEMBER, 2004,
Pamela B. Kennedy
Mayor
ATTEST:
J 'r
Theresa White
City Clerk
EXHIBIT "A"
Granrud Lane
A strip of land forty (40) feet in width lying along the South boundary line of the East Half of the
Northeast Quarter (E1/2, NE 1/4) of Section 31, Township 29 North, Range 21 West, P.M.M.,
Flathead County, Montana, as described in Warranty Deed recorded in Boole 81, Page 333,
records of Flathead County, Montana.
Woodland Avenue
A tract of land located in the Northeast Quarter of the Southeast Quarter of Section 17, Township
28 North, Range 21 West, Principal 'Meridian, Montana, Flathead County, Montana and more
particularly described as follows:
Commencing at the Northwest corner of Lot 1 of Leduc Addition, according to the map or plat
thereof on file at the Office of the Clerk and Recorder, Flathead County, Montana;
Thence Southeasterly along the Southerly boundary of Woodland Avenue to the intersection of
the West boundary of Willow Glen Drive; thence Northerly, on and along said West boundary, a
distance of 60 feet more or less to the Northerly boundary of said Woodland Avenue; thence
Northwesterly, on and along said Northerly boundary to a point which is 60 feet North more or
less from said Northwest corner of Lot 1 of Leduc Addition; thence South to the point of
beginning.
Also
A tract of land lying and being in Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, more particularly described as follows:
Commencing at the Northwest corner of Lot 1 of Leduc Addition, according to the map or plat
thereof on file at the Office of the Clerk and Recorder, Flathead County, Montana; thence
Northwesterly along the Southwesterly boundary of Woodland Avenue to the intersection of
Park Place; thence Northeasterly 60 feet more or less to the Northeasterly boundary of Woodland
Avenue; thence Southeasterly along said boundary to a point which is 60 feet North more or less
from the Northwest corner of Lot 1 of said Leduc Addition; thence South to the point of
beginning.
Willow Glen Drive
That portion of Willow Glen Drive located in Sections 16, 17, 20 and 21 of Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, described as follows:
Beginning at the point where the Southerly boundary of Kelly Road connects with Willow Glen
Drive in the SE1/4 NE1/4 of said Section 20;
Thence Northerly along the Westerly boundary of Willow Glen Drive in Sections 20 and 17 to
it's intersection with the Northerly boundary of Woodland Avenue in the NE 1/4 SE 1/4 of said
Section 17; thence Easterly 60 feet, more or less, to a point on the Easterly boundary of Willow
Glen Drive in said Section 16; thence Southerly along said Easterly boundary of Willow Glen
Drive in Sections 16 and 21, to a point lying 60 feet, more or less, east of the Southerly boundary
of Kelly Road in said Section 21; thence Westerly to the point of beginning.
Woodland Park Drive
A tract of land located in the West Half of the Southeast Quarter and in the Southwest Quarter of
the Northeast Quarter and in the Southeast Quarter of the Northwest Quarter of Section 8,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows:
Commencing at the South Quarter Corner of said Section 8; thence North 00'24' 11" West on and
along the Mid Section line, a distance of 960.94 feet to a set p.k. nail, and which point is the True
Point of Beginning; thence continuing
North 00'24' 11" West on and along said maid section line, a distance of 1039.26 feet to a set 5/8"
re -bar; thence
South 59'23' 11" East, and leaving said mid section line, a distance of 39.07 feet to a set 5/8"
rebar; thence
North 37023'49" East a distance of 111.37 feet to a set 5/8" rebar; thence
North 03°35'49" East a distance of 163.49 feet to a set 5/8" rebar; thence
North 33054'49" East a distance of 52.38 feet to a set p.k. nail; thence
North 30°17'l 1" West a distance of 517.98 feet to a found 3/4" iron pipe and which point lies on
the southerly right-of-way boundary of U.S. Highway 2; thence
North 75°45' 14" East on and along said southerly right-of-way boundary a distance of 53.61 feet
to a set 5/8" rebar; thence South 30°20'47" East, on and along said southerly right-of-way
boundary and an extension thereof, a distance of 5 04.3 8 feet to a found 518" rebar; thence
South 04'03' 13" West a distance of 31592 feet to a set 5/8" rebar; thence
South 77" 34'53" East a distance of 17.70 feet to a set 5/8" rebar; thence
South 47007'29" West a distance of 175.64 feet to a set 5/8" rebar; thence
South 00" 33'31" East a distance of 901.80 feet to a found 5/8" rebar; thence
North 89°25'58" West a distance of 54.02 feet to the True Point of Beginning as shown on
Certificate of Survey No. 13289, Records of Flathead County, Montana.