Resolution 5095 - Annexation - DMK Addition #378Return to:
Theresa White
Kalispell City Clerk
PO Box 1997
Kalispell, NIT 59903
RESOLUTION NO. 5095
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED ON "EXHIBIT A", LOCATED
IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WE, P.M.M., FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS DMK ADDITION NO.378; 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 Donald and Mary Kruse, the owners
of property located on the north side of Sunnyside Drive, west and south of Ashley
Drive, requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the Kalispell Planning Department has made a report on the Kruse's Annexation
Request, #KA-06-1, dated January 31., 2006, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-2, Single family Residential, on approximately 2.82acres
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 above be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and
shall be known as DMK Addition No. 378.
SECTION 11. 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 Couucil.
PASSED AND APPROVED BY THE CITY COUNCILAND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 6TH DAY OF MARCH, 2006.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
EXHIBIT "A"
A TRACT OF LAND LOCATED IN THE SOUTH HALF OF 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 SOUTHWEST CORNER OF LOT 6 OF SUNNY SIDE PARK
SUBDIVISION WHICH IS ON FILE WITH THE FLATHEAD COUNTY CLERK AND
RECORDER'S OFFICE AND WHICH POINT LIES ON THE SOUTH BOUNDARY OF SAID
SOUTHWEST QUARTER OF SECTION 18 AND WHICH POINT IS THE TRUE POINT OF
BEGINNING;
THENCE N00°48'E. ON AND ALONG THE WEST BOUNDARY OF SAID LOT 6, A
DISTANCE OF 307.0 FEET TO A POINT AND WHICH POINT IS THE NORTHWEST
CORNEIR OF SAID LOT 6; THENCE CONTINUING N00°48E, A DISTANCE OF 40.03
FEET TO A POINT AND WHICH POINT IS THE SOUTHWEST CORNER OF LOT 13 OF
SAID SUNNY SIDE PARK SUBDIVISION; THENCE N88°44'E. ON AND ALONG THE
SOUTH BOUNDARY OF SAID LOT 13, A DISTANCE OF 31.4.5 FEET TO A POINT AND
WHICH POINT IS THE SOUTHEAST CORNER OF SAID LOT 13; THENCE CONTINUING
N88044'E, A DISTANCE OF 40.03 FEET TO A POINT; THENCE S00°48' W, A DISTANCE
OF 7.0 FEET TO A POINT AND WHICH POINT IS THE NORTHWEST CORNER OF LOT 5
OF SAID SUNNY SIDE PARK SUBDIVISION; THENCE CONTINUING S00°48' W, ON AND
ALONG THE WEST BOUNDARY OF SAID LOT 5, A DISTANCE OF 300.0 FEET TO A
POINT AND WHICH POINT IS THE SOUTHWEST CORNER OF SAID LOT 5; THENCE
CONTINUING S00048' W, A DISTANCE OF 40.03 FEET TO A POINT AND WHICH POINT
LIES ON SAID SOUTH BOUNDARY OF THE SOUTHWEST QUARTER; THENCE
S88°44'W, ON AND ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 354.53 FEET
TO THE TRUE POINT OF BEGINNING.
THIS TRACT CONTAINS 2.82 ACRES AND SUBJECT TO AND TOGETHER WITH ALL
APPURTENANT EASEMENTS OF RECORD.