Resolution 5107 - RESCIND RESOLUTION 5095 - DMK Additon #378Twq
F v.{6 i
r
��:" RESOLUTION N. 1.'
Q
A. RESOLUTION RESCINDING RESOLUTION 5095 PASSED BY CITY COUNCIL ON
MARCH 6, 2006 THAT PROVIDED 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 1. , TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MON TANA, AND TO DECLARE AN EFFECTIVE DATE*
WHEREAS, the City of Kalispell received a petition from Donald and Marc Kruse, the owners of
.property located on the north side of Ssie Drive, vest and south of Ashley
Drive, requesting that the City of Kalispell annex the territoryInto the City, are
WHEREAS, following review and recommendations by the Kalispell Planning Board and a report
thereby issued, the Kalispell City Council passed Resolution No, 5095 on March 6,
2006 approving said petition and aDnexed the property more fully described on
Exhibit "A" attached .e to, and
WHEREAS, the second reading of the ordinance zoning said -property has not occurred, therefore
the property does .got yet have a City zoning designation; and
WHEREAS, Donald and Mary Kruse, the owners of property, have now determined that they are
not able to develop the property as they intended and have made a formal request to
the City of Kalispell to rescind d the annexation; and
WHEREAS, the property has -not yet been zoned, city taxes have not been collected from the
propertyowner and no city services have yet been provided, the City of Kalispell has
the statutory authority within Title 7, Chapter 2, Part 46, Montana Code Annotated to
rescind the annexation of this property.
Nov THEREFORE, , IT RESOLVED BY THE CITY COUNCIL OF THE CITY of
KA ISPELL AS FOLLOWS:
S CTI N I. That Resolution No. 5095 annexing all. the real property as described
above to the City of .Kalispell is hereby rescinded.
2006103 C":`MSoU
SECTION II. Upon the effective date of this Resolution, the City Clerk is directed
to make and certify ander the seal of the City, a copy of the record o
these proceedings as are entered on the minutes of the City Council
and fie said documents with the Flathead County Clerk and
Recorder.
SECTION III.. This Resolution shall be effective immed .t ly upon passage by the
City Corgi.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE
CITY of T AL.ISPELL, THIS 3RD DAY of APR.IL, Zoo .
ATTEST:
Theresa White
City Clerk
Pam . � dy
Mayor
EXHIBIT 44A"
TRACT of LAND LOCATED IN THE SOUTH fIALF of THE SOUTHWEST QUARTER
F SECTION - . , TOWNSHIP 28 NORTH, RANGE 21. WEST, PRINCIPAL MERIDIAN,
MONTANA. FLATHEAD COUNTY, MONT.ANA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER. of LOT 6 of SUNNY SIDE PARK
K
SUBDIVISION WHICH IS ON FILE WITH THE FLATHEAD COUNTY CLERK AND
RECORDER' S OFFICE AND WHICH POI LIES ON THE SOUYI"H BOUNDARY Y OF SAID
SOUTHWEST QUARTER of SECTION ..8 AND WHICH POINT IS THE TRUE POINT OF
BEGINNING;
THENCE N00048sE* ON AND ALONG THE WEST BOUNDARY OF SAID LOT 6., A
DISTANCE of 307.0 FEET TO A. POINT AND WHICH INT IS THE NORTHWEST
CORNER of SAID LOT ; THENCE CONTfNUING N0o' 8'E, A DISTAi CE 01'40.0-1
FEET To A. POINT AND WHICH POINT IS THE SOUTHWEST CORNER. OF LOT 13 OF
SAID SUNNY SIDE PARK SUBDIVISION; THENCE N88'44E, 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 CORDER OF SAID LOT 13; THENCE CONTINUING
200610.3 C 94 S
N ° i`Ei A DISTANCE OF 40.03 FEET TO A. POINT; THENCE SOO'48W, A DISTANCE
OF 7.0 FEET TO A POINT AND WHICH POINT IS THE NORTHWEST CORNEA OF T
OF SAID SUNNY SIDE PARK SUBDIVISION, THE-NCTHE-NCE CONTINUING S 48�W. ON AND
ALONG THE WEST BOUNDARY OF SAID 5, A DISTANCEOF 300.0 FEET TO A
POINT AND WHICH POINT IS THE SOUTHWEST CORNER OF SAID LOT , THENCE
CON'Tl�I .[ G S ° ' W., A_ DISTANCE F 40.03 FEET TO A POINT AND WHICH POINT
LIES ON SAID SOUTH BOUNDARY OF THE SOUTHWEST QUARTER, THENCE
S ° " Wl, ON AND ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 354.53 .BEET
TO THE TRUE NT OF BEGINNING.
THIS TRACT CONTAINS 2.82 ACRES .AND SUBJECT TO .AND TOGETHER WITH ALL
APPURTENANT EASEMENTS OF RECORD.