Resolution 4957 - Annexation - Western Drive Addition #3532004350 O e� 3� o
RESOLUTION NO.4957
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION,
CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
TO BE DESIGNATED AS WESTERN DRIVE ADDITION NO.353, AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, on October 4, 2004, the City Council passed Resolution No. 4938 declaring an
intention to annex contiguous platted tracts of land and unplatted land that have been
surveyed and for which certificates of survey have been filed, which is more
particularly described in Exhibit "A", attached hereto and thereby made a part hereof,
pursuant to the provisions of Title 7, Chapter 2, Part 44 Montana Code Annotated
(Annexation of Contiguous Government Land); and
WHEREAS, notice of the resolution of intent was provided pursuant to MCA 7-2-4312 by
publishing such notice on November 15 and November 22, 2004, as provided in
MCA 7-1-4127; and
bO � WHEREAS, the City Clerk received, within the twenty -day comment period, and forwarded to the
rd City Council for Council consideration, zero (0) "Protest/Disapproval" letters
� 7 �' regarding the proposed extension of the boundaries of said City, and
C) a, WHEREAS, on November 6th, 1995, the City Council adopted, pursuant to Section 7-2-4305,
O O MCA, an Extension of Services Plan which anticipates development of City services
for approximately five years in the future, and
WHEREAS, said "Extension of Services Plan" provides for financing the municipal services and
maintenance of existing services by utilizing funds allocated and expended pursuant
to the annual City budget without incurring additional bonded indebtedness, and
WHEREAS, the Tri-City Planning Office has made an Annexation and Zoning Staff Report, No.
KA-04-17, on the annexation/zoning of the property dated November 1, 2004, and
WHEREAS, said real property described in Exhibit "A" is included within and conforms with the
Kalispell Growth Policy 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That all of the real property as is more particularly described in
Exhibit "A", attached hereto, shall be annexed to the City of Kalispell
and the boundaries of the City are altered to so provide.
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 said
territory and its citizens and property shall be 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 pursuant to,
and in accordance with, the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall become 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 6TH DAY OF DECEMBER, 2004.
a
Pamela B. Kenn y
Mayor
ATTEST:
\Tlie e a White
City Clerk.
60
EXHIBIT 44A"
1400 Western Drive
Known. As Tract 1 of Certificate of Survey No. 1775
Tract ID WEA 8 TRB & 9AA
A tract of land situated, lying and being in the Southwest Quarter (SWI/4) of Section Eighteen
(18), Township Twenty-eight (28) North, Range Twenty-one (21) West., P.M.M., Flathead
County, Montana and more particularly described as follows to wit:
Tract I
Beginning at the NE corner of Lot 8 of WESTERN ACRES of which a plat or map is on file in
the Clerk and Recorders office of Flathead County, Montana; thence S 0° 48' 00" West., and
along the easterly boundary line of said Lot 8, a distance of 384.23 feet to an iron pin; thence
S88° 44' 00"W., a distance of 30.00 feet to an iron pin; thence NO' 48' 00"E., a distance of
211.89 feet to an iron pin; thence West a distance of 205.00 feet to a point in the center of Ashley
Creek; thence N 12' 34' 16" W., and along said Creep center line, 58.22 feet to a point; thence N
41" 34' 50" W., and along same Creek center line, 116.21 feet to a point; thence North and
leaving the center line of Ashley Creek, a distance of 22.00 feet to an iron pin; thence N 88' 44'
00" E., a distance of 327.27 feet to the place of beginning and containing 1.227 acres of land
more or less.
Known As Parcel A & Parcel B of Certificate of Survey No. 3361
Tract ID 9B, 9BAA, SUP1-TRAAA, SUP-I-TRAB, SUP-1-TRAB100
PROPERTY BOUNDARY DESCRIPTION - PARCEL A
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18,
TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT 1, CERTIFICATE OF
SURVEY NO. 1775, RECORDS OF FLATHEAD COUNTY, MONTANA, WHICH POINT
IS INDICATED BY A POUND 518" RE -BAR; THENCE N88°44'00"E, ON AND
ALONG THE NORTH BOUNDARY OF SAID TRACT 1, A DISTANCE OF 203.94 FEET
TO A POINT, WHICH POINT IS THE SOUTHWEST CORNER OF THE TRACT OF
LAND INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND DESCRIBED IN
BOOK 567, PAGE 508, RECORDS OF FLATHEAD COUNTY, MONTANA, AND
WHICH POINT IS THE TRUE POINT OF BEGINNING;
THENCE NO3°48' 13"E, ON AND ALONG THE WEST BOUNDARY OF SAID
TRACT INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND IN BOOK
567, PAGE 508, A DISTANCE OF 141.28 FEET TO A POINT, WHICH POINT IS
THE NORTHWEST CORNER OF SAID TRACT INDICATED ON CERTIFICATE OF
SURVEY NO. 1176 AND IN BOOK 567, PAGE 508;
2 -13
THENCE N88054'41"E, ON AND ALONG THE NORTH BOUNDARY OF SAID
TRACT INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND IN BOOK
567, PAGE 508, A DISTANCE OF 76.01 FEET TO A POINT;
THENCE N00°55'55"E, A DISTANCE OF 104.84 FEET TO A POINT, WHICH
POINT LIES ON THE NORTH BOUNDARY OF A TRACT OF LAND DESCRIBED
IN BOOK 564, PAGE 245, RECORDS OF FLATHEAD COUNTY, MONTANA;
THENCE S88°59'36"W, ON AND ALONG THE NORTH BOUNDARY OF TRACTS
DESCRIBED IN SAID BOOK 564, PAGE 245, A DISTANCE OF 85.42 FEET TO A
POINT, WHICH POINT IS THE NORTHWEST CORNER OF SAID TRACT
DESCRIBED IN BOOK 564, PAGE 245;
THENCE S00023' 18"W, ON AND ALONG THE WEST BOUNDARY OF A TRACT
DESCRIBED IN SAID BOOK 564, PAGE 245, A DISTANCE OF 245.75 FEET TO
THE TRUE POINT OF BEGINNING.
BASIS OF BEARINGS: SOUTH BOUNDARY OF THE TRACT OF LAND INDICATED
ON CERTIFICATE OF SURVEY NO. 1176, RECORDS OF FLATHEAD COUNTY,
MONTANA, TAKEN AS N88044'00"E.
THIS TRACT CONTAINS .218 ACRE.
PROPERTY BOUNDARY DESCRIPTION - PARCEL B
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 18,
TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT 1, CERTIFICATE OF
SURVEY NO. 1775, RECORDS OF FLATHEAD COUNTY, MONTANA, WHICH POINT
IS INDICATED BY A FOUND 5/8" RE -BAR; THENCE N88°44'00"E, ON AND ALONG
THE NORTH BOUNDARY OF SAID TRACT 1, A DISTANCE OF 203.94 FEET TO A
POINT, WHICH POINT IS THE SOUTHWEST CORNER OF THE TRACT OF LAND
INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND DESCRIBED IN BOOK
567, PAGE 503, RECORDS OF FLATHEAD COUNTY, MONTANA, AND WHICH
POINT IS THE TRUE POINT OF BEGINNING.
THENCE CONTINUING N88044'00"E, ON AND ALONG SAID NORTH
BOUNDARY OF TRACT 1, A DISTANCE OF 83.10 FEET TO A POINT;
THENCE N00055'55"E, A DISTANCE OF 140.60 FEET TO A POINT, WHICH
POINT LIES ON THE NORTH BOUNDARY OF A TRACT OF LAND INDICATED
ON CERTIFICATE OF SURVEY NO. 1176 AND DESCRIBED IN BOOK 567, PAGE
508, RECORDS OF FLATHEAD COUNTY, MONTANA;
,2004350 0 0
THENCE S88054'41 "W, ON AND ALONG SAID NORTH BOUNDARY OF THE
TRACT OF LAND INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND IN
BOOK 567, PAGE 508, A DISTANCE OF 76.01 FEET TO A POINT, WHICH POINT
IS THE NORTHWEST CORNER OF SAID TRACT INDICATED ON CERTIFICATE
OF SURVEY NO. 1176 AND IN BOOK 567, PAGE 508;
THENCE S03°48' 13"W, ON AND ALONG THE WEST BOUNDARY OF SAID
TRACT INDICATED ON CERTIFICATE OF SURVEY NO. 1176 AND IN BOOK
567, PAGE 508, A DISTANCE OF 141.28 FEET TO THE TRUE POINT OF
BEGINNING.
BASIS OF BEARINGS: SOUTH BOUNDARY OF THE TRACT OF LAND INDICATED
ON CERTIFICATE OF SURVEY NO. 1176, RECORDS OF FLATHEAD COUNTY,
MONTANA, TAKEN AS N88°44'00"E.
THIS TRACT CONTAINS .257 ACRE.
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