Resolution 4939 - Resolution of Intent to Annex - Highway 93 SouthRESOLUTION NO.4939
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 PLATTED
TRACTS OF LAND AND UNPLATTED LAND THAT HAS BEEN SURVEYED FOR
WHICH CERTIFICATES OF SURVEY HAVE BEEN FILED, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", TO BE DESIGNATED AS HIGHWAY 93 SOUTH
ADDITION NO.354, 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
platted tracts and unplatted land that have been surveyed and for which certificates of
survey have been filed, as required by law, 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, to zone said property in
accordance with the Kalispell Zoning Ordinance, Ordinance No. 1460, as amended;
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 City Council shall, prior to annexing said property, cause to be developed an
Extension of Services plan for the territory described in Exhibit "A", and proposed by
this Resolution to be annexed, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission shall on the 9th day of
November, 2004, hold a Public Hearing, pursuant to 27.03.010, Kalispell Zoning
Ordinance, to recommend zoning for 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 11. 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 111. 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 4TH DAY OF OCTOBER, 2004.
ATTEST;
Tl"ieresa White
City Clerk
EXHIBIT "A"
2500 Highway 93 South
Parcel 1: Tract 2D
A tract of land in the N1/2 NW1/4 NE1/4 SW1/4, Sec. 20, T28N, R21W, P.M.M., and more
particularly described as follows:
Commencing at the West 1/4 Corner of Section 20; thence
S89025'23"E 1318.54 feet to the true point of beginning of the tract herein described; thence
continuing
S89025'23"E 405.00 feet to the Westerly boundary of the Kalispell City Airport; thence along said
boundary
S32050'29"E 100.00 feet; thence leaving said boundary
S57°09'31"W 349.13 feet to the Easterly R,/W of a 60-foot roadway; thence along said R/W
N30052'29"W 323.25 feet to the true point of beginning, containing 1.683 acres of land.
(Certificate of Survey No. 4884)
2580 Highway 93 South
Parcel 1: Tract 2F
A tract of land located in the Northeast Quarter of the Southwest Quarter of Section 20, Township 28
North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana, and more
particularly described as follows:
Commencing at the Southwest One -Sixteenth corner of said Section 20 indicated by a found 5/8"
rebar; thence
N00° 14' 15" E, on and along the West boundary of said Northeast Quarter of the Southwest Quarter,
a distance of 240.17 feet to the True Point of Beginning;
Thence N00° 14' 15" E, continuing on and along said West boundary of the Northeast Quarter of the
Southwest Quarter, a distance of 968.52 feet to a point; thence;
S30°50'59" E, on and along the West boundary of a 60 foot private road and utility easement, a
distance of 811.89 feet to a point; thence
S57008'32" W, a distance of 500.40 feet to the True Point of Beginning.
This parcel contains 4.660 acres of land and together with a 60-foot private road and utility easement
as indicated hereon and subject to any easements of record.
(Certificate of Survey No. 8528)