Resolution 5090 - Annexation - Montana Commerce Addition #377 (Town Pump)Return to:
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Theresa White
By—cl
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5090
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 29, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS MONTANA COMMERCE ADDITION NO.
377; 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 Montana Commerce, LLC, the
owners of property located on the southwest corner of Cemetery Road and US 93
South (Four Corners), requesting that the City of Kalispell annex the territory into the
City, and
WHEREAS, the Kalispell Planning Department has made a report on Montana Commerce's
Annexation Request, #KA-05-22, dated December 21, 2005, and
WHEREAS, the Kalispell. City Planning Board and Zoning Commission recommended that the
territory be zoned City B-2, General Business, on approximately one acre 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 Montana Commerce Addition No. 377.
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, laves and ordinances
and regulations in force in the City of Kalispell and shall be entitled
to the saute 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 OF THE
CITY OF KAI SPELL, THIS 6TH DAY OF FEBRUARY, 2006.
ATTEST:
Theresa White
City Clerk
Pamela B. Kenn y
Mayor
EXHIBIT "A"
A tract of land situated, lying and being in the Southeast Quarter of the Northeast Quarter (SEI/4NE'/4) of
Section 29, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana and more
particularly described as follows:
Commencing at the NE corner of the SEI/4NEI/4 cif said Section 29; thence
North 89042'28" West, a distance of 359.71 feet along the North boundary of said SEI/4N'/4; thence
South 00016' 19" West, a distance of 3 0. 00 feet to a point on the South right-of-way of the approach to
U.S. Highway No. 93 on Cemetery Road, being the True Point of Beginning of the tract of land herein
described; thence
South 89°42'28" East, a distance of 174.08 feet along said South right-of-way to a point on the West right-
of-way of U.S. Highway No. 93; thence Southerly along said right-of-way on a curve concave to the SW,
with a radial bearing of South 73°2541" West, a radius of 2805.12 feet, through a central angle of
05133'44", for an arc length of 272.32 feet to a point being a corner on the East boundary of Lot 5 of the
Amended Plat of Lots 3 and 5 of Ashley Business Park and the Amended Plat of the Amended Plat of Lot
4 of Ashley Business Park Subdivision; thence along the boundaries of said Lot 5 the following 2 courses:
North 8904335" West, a distance of 240.22 feet to a point and
North 001116' 19" East, a distance of 264.11 feet to the Paint of Beginning.
Shawn as Tract I of Certificate of Survey No. 16501.