Resolution 3072 - Resolution of Intent - Annexation - Porta VillaRESOLUTION NO. 3072
A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO THE CITY OF
KALISPELL, TO BE KNOWN AS "PORTA VILLA SUBDIVISION NO. 2,
ADDITION NO. 65" AND TO FIX THE DATE OF PUBLIC HEARING THEREON;
TO PROVIDE FOR PUBLICATION OF NOTICE OF SAID HEARING; TO ANNEX
SAID PREMISES WITH NO. 2 RESIDENCE DISTRICT USE CLASSIFICATION.
WHEREAS, James L. Scharen, et al, have made petition to
the City of Kalispell for annexation to said City of certain
territory to be known as "Porta Villa Subdivision No. 2,
Addition No. 65"; and
WHEREAS, a preliminary plat thereof has been reviewed and
considered in accord with the laws of the State of Montana and
the subdivision regulations of the City of Kalispell by the
Kalispell City -County Planning Board and said Board has, by
communication dated June 18, 1976 recommended that said petition
be granted under certain conditions; and it appears that said
conditions are or will be adequately satisfied, and that it is
to the best interest of the City of Nalispell that said petition
be granted; and
WHEREAS, in said petition -said James L. Scharen, et al, have
requested that said premises be given a use classification of a
No. 2 Residence District under the provisions of the City of
Kalispell zoning ordinance and, inasmuch as said premises does
abut a No. I Residence District within the City of Kalispell,
therefore, as provided by Ordinance No. 850, a public hearing
on said request must be held by the City Council,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL, AS FOLLOWS:
1. It is the intention of the City of Kalispell that territory
comprising "PorLa Villa Subdivision No. 2, Addition No. 65" shall
be annexed to the City of Kalispell and shall be classified a
No. 2 Residence District. Said territory is more particularly
described as follows:
See Exhibit A attached hereto and by this reference made
a part hereof..
2. A public hearing on said petition for annexation will be
held by the Kalispell City Council at its regular meeting held in
the Council Chambers of the Kalispell City Hall commencing at 7:30
p.m. on the 14 Oh day of L1�6�,qLek, , 1�76. At the same time
and place a Fu—blic hearing will be hii—ld on the petition to annex
said premises with a No. 2 Residence District use classification
applicable thereto.
3. The City Clerk will forthwith prepare and publish in the
Daily Inter._L-7Ffke a daily newspaper published at Kalispell, Montana,
proper notice Qf said publ c hearing. Said petitioner shall pay
c
all costs of p'ublicatioW'of aid np-ti-c-in
PASSED . BY THE CITY COU OF THE CITY OF KALISPEL AND APPROVED
BY/ T HE 1&7�40R THIS 4�h day,,)Uf August, 1976. L\
6-
NOrM4( E. HaPf
I, the undersigned, City Clerk of he City' of isP 11 certify that the foregoing is
I pa.. the City of Kalispell,
a true copy of the Resolution passed bytt Cit Council of
1
Montana at a regular meeting h� AU st 1 016
ity Ierl� of the
NOTICE
NOTICE IS HEREBY GIVEN, that the owners of the territory described
as follows:
See j3xhibit "A" attached hereto and by this reference made
a -o,3rt hereof.
have filed a petition to the City of Kalispell that same be annexed
to the City of Kalispell.
On August 9, 19�6 the City Council of the City of Kalispell
did pass a resolution of intention to grant said petition. Said
city C gcil, at its regular meeting commencing at 7:30 p.m.,
the day of 1976, to be held in the Council
Cham.bii-rsof the Kalispell Ci�E-y Hall, will hold a public hearing
on the question of said annexation.
A report, as required by Section 11-518, Revised Codes of
Montana, 1947, as amended, will be available for public inspection
in the office of the Kalispell City Clerk, Kalispell, montana, at
least fourteen (14) days prior to said public hearing.
At the same time and place a publi_c,-hearing will also be held
-)City of Kalis-
on the petition that said premises ��anne,Od to �,he
pell under a No. 2 Residence Distrpi�ct use/cl S 'f'cafion under the
Kalispell zoning ordinance; said/'premise,s"does abut a portion of
the City of Kalispell now clasdifled as,/a No./I Re;/idence District.
At said public hearin,�Y'all persons rez,� enpz'in or owning
id , . - oq:y��rei n described, and
property included in sai
iF.erri i
all residents of the C ti f Ka�-I�speil, W, Q/i- be given an, opportunity
to be heard on said que ons. j .--A
tv
Publication dates:
EXHIBIT "A"
TRACT 1:
A tract of land in the Northeast Quarter of the Northeast Quarter of
Section 12, Township 28 North, Range 22 West, M.P.M., Flathead County,
Montana, particularly described as follows:
Beginning at a point on the Southerly boundary line of said subdivisi I
a distance of 884 feet west of the southeast corner of said Nortina�
Quarter of the Northeast Quarter; thence
North and parallel with the east boundary line of said Northeast Quarter
of the Northeast Quarter, a distance of 255 feet to a point; thence
West and parallel with the south boundary of said subdivision, a distanc,
of 412 feet'to the west boundary line of said Northeast Quarter of
the Northeast Quarter; thence
South along said west boundary line a.distance of 255 feet to the South
boundary line of said subdivision; thence
Easterly along the south boundary line of said subdivision a distance of
43.0 feet more or less to the point of beginning.*
TRACT 2:
That part of the Southwest Quarter of the Northeast Quarter of Section
12, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana,
particularly described as follows:
Beginning at -the northeast corner of said Southwest Quarter of the
Northeast Quarter; thence
West along regular subdivision line a distance of 359.7 feet; thence
South and parallel. with the east line of said Southwest Quarter of the
Northeast Quarter, a distance of 1211 feet to a point on the
north boundary line of the County Road; thence
East along the said north boundary line of the County Road a distanco
of 359.7 feet to its intersection with the said east line of saJ
Southwest Quarter of the Northeast Quarter; thence
North along regular subdivision line a distance of 1211 feet to the
place of beginning.
TRACT 3:
The West Half of the West Half of the Southeast Quarter of the Nortbeasl
Quarter of Section 12, Township 28 North, Range 22 West, M.P.M.,
Flathead County, Montana,
EXCEPTING therefrom the following described tracts:
Commencing at a point where the west line of said described tract
intersects the south line of the public road lying to the south
of said described tract; thence
Easterly along the south line of said road a distance of 296 feet to th,
place of beginning; thence
Northerly parallel with the west line of said tract, a distance of 360
feet; thence
Easterly parallel with the south line of said road to an intersection w
the east line of the West Half of the West Half of the Southeast
Quarter of the Northeast Quarter of, said Section; thence
EXHIBIT "A"
TRACT 1:
A tract of land in the Northeast Quarter of the Northeast Quarter of
Section 12, Township 28 Nbrth, Range 22 West, M.P.M., Flathead County,
Montana, particularly describea as follows:
Beginning at a point an the Southerly boundary line of said subdivision,
a distance of 884 feet west of the southeast corner of said Northea!
Quarter of the Northeast Quarter; thence
North and parallel with the east boundary line of said Northeast Quarter
of the Northeast Quarter, a distance of 255 feet to a point; thence
West and parallel with the south boundary of said subdivision, a distanc�
of 412 feet'to the west boundary line of said Northeast Quarter of
the Northeast Quarter; thence
South along said west boundary line a.distance of 255 feet to the South
boundary line of said subdivision; thence
Easterly along the south boundary line of said subdivision a distance of
410 feet more or less to the point of beginning.'
TRACT 2:
That part of the Southwest Quarter of the Northeast Quarter of Section
12, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana,
particularly described as follows:
Beginning at the northeast corner of said Southwest Quarter of the
Northeast Quarter; thence
West along regular subdivision line a distance of 359,7 feet; thence
South and parallel with the east line of said Southwest Quarter of the
Northeast Quarter, a distance of 1211 feet to a point on the
north boundary line of the County Road; thence
East-alonq the -said north boundary line of the County Road a distance
of 359.7 feet to its intersection with the said east line of said
Southwest Quarter of the Northeast Quarter; thence
North along regular subdivision line a distance of 1211 feet to the
place of beginning.
TRACT 3:
The West Half of the West Half of the Southeast Quarter of the Northeast
Quarter of Section 12, Township 28 North, Range 22 West, M.P.M.,
Flathead County, Montana,
EXCEPTING therefrom the following described tracts:
Commencing at a point where the west line of said described tract
intersects the south line of the public road lying to the south
of said described tract; thence
Easterly along the south line of said road a distance of 296 feet to thl
place of beginning; thence
Northerly parallel with the west line of said tract, a distance of 360
feet; thence
Easterly parallel with the south line of said road to an intersection w
the east line of the West Half of the West Half of the Southeast
Quarter of the Northeast Quarter of. said Section; thence