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Resolution 4998 - Annexation - Lone Pine EstatesRESOLUTION NO. 4998 A 1PFC(11.1TTt"N TO PR(1V111F. M112 T"IP A1.TFRAT1flN "F TNF RnTIN11A1210C f1F THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", LOCATED IN SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS LONE PINE ADDITION NO.359; 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 Lone Pine Development, LLC, the owners of property located south of Foys Lake Road and west of Valley View Drive, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on Lone Pine Development, LLC's Annexation Request, #KA-05-3, dated March 1, 2005, and WHEREAS, the .Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City R-2, Single Family Residential, with a Planned Unit Development overlay on approximately 23.1.6 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 Lone Pine Addition No. 359. 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 OP THE CITY OF KALISPELL, THIS 4TIi DAY OF ATTEST: Theresa White City Clerk EXHIBIT A LONE PINE ESTATES Qn% A IT 7'!T7'fAT'1T JL7! A ^C ^0% QrlLr'r K%jar"ViCr 7rrAft-vim1W0 Legal Description That portion of the Southwest 1/4 Southeast 1/4 Section 13, Township 28 North, Range 22 West, Flathead County, Montana Described as follows: Commencing at the South 1/4 corner of Section 13; thence along the South line of Section 13 North 89°5748" East 294.26 feet to the point of beginning; thence continuing along the South line North 89°5748" East 1020.41 feet; thence North 0°00'23" West 889.98 feet to the Southeast corner of Lot 11 as shown on instrument recorded in Book 466, Page 498, records of Flathead County; thence along the South line of those parcels shown on instrument recorded in Book 466, Page 498, records of Flathead County South 89°3425" West 1160.00 feet to the Easterly line of a County Road; thence along the Easterly line South 6°30'00" West 586.62 feet; thence South 79'06'10" East 213.10 feet; thence South 0°42'20" West 258.89 feet to the point of beginning, containing 23.165 acres of land. Legal Description for 60' Access Easement to Lone Pine Estates Subdivision i An easement situated, lying and beginning in the SE 1 / 4 of the SE 1 / 4 of Section 13, Township 28 North, Range 22 West, Principal Meridian, Flathead County, Montana, and more particularly described as follows: Commencing at a point 33.69 feet South 00°05'56" West of the northwest corner of Tract 2 as indicated on COS 16326 recorded in Flathead County, Montana to the true point of'beginning; thence South 00°00'23" East for a distance of 87.15'; thence North 43°30'01" East for a distance of 137.19 feet; thence along a curve to the East 56.72 feet, radius 70' with a delta angle of 46°25'26"; thence North 89°48'31" East for a distance of 349.35 feet North 20°01'00" West for a distance of 63.78 feet; thence South 89°48'31" West for a distance of 328.26 feet; thence along a curve to the Southwest 104.68 feet, radius 130 feet with a delta angle of 46°07'58"; thence South 43°30'01" West for a distance of 73.98 feet back to the true point of beginning. r 1 q q 910 1