Resolution 3091 - Subdivision - Porta Villa #26�4 Z
RECORDED AT CLERK & RECORDER'S OFFICE
AT 12:17 P. M., NOVEMBER 24th, 1976 - Book 608 Page 221 #13347
RESOLUTION NO. 3091
A RESOLUTION TO APPROVE AS A SUBDIVISION OF THE CITY OF KALISPELL,
MONTANA, PORTA VILLA SUBDIVISION NO. 2, ADDITION NO., 65.,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KALSIPELL, MONTANA:
SECTION 1. That pursuant to the petition of James L. Scharen,
et al, filed with the City Council of the City of KalisDell, and
the submission to the said Council by said petitioners of a plat
reflecting the survey and designation of that territory within
the City of Kalispell which said petitioners request be auproved
as a subdivision therein, and pursuant to those portions of Chap-
ter 38, Title 11, R.C.M., 1947, as amended, that are applicable
thereto and the duly adopted and enforced subdivision regulations
of the City of Kalispell, the Council and Mayor do hereby approve
that said territory shall become and be a subdivision of the City
of Kalispell to be known as: r
PORTA VILLA SUBDIVISION NO. 2, ADDITION NO. 65
SECTION 2. The Council has accepted as a portion of the park
requirements Lot 13, as shown by the plat thdreof; in accordance
with Title 11, Chapter 38, R.C.M., 1947, cash in lieu of park
land will be accepted to meet the remaining park requirements
of .883 acre. It is ordered that the amount to be paid to the
City in lieu of the remaining park requirements is $ 1,996-75
which shall be deposited in the Park Fund of the City to be u�_e_d
according to law.
SECTION 3- The City Council, in considering this request, has
found from the preliminary plat and evidence relating thereto,
that said subdivision is in the public interest, and in making
such finding, the Council has considered and weighed: (a) basis
of need for the subdivision; (b) expressed public opinion;
(c) effects on agriculture; (d) effects on local services;
(e) effects on taxation; (f) effects on wildlife habitat, and
(h) effects on the public health and safety.
SECTION 4. As a condition of said approval, however, said
petitioners will forthwith enter into an agreement with the
City that they and their heirs and assigns will not protest
any future special improvement districts that may be instituted
to install storm drains. In addition, they will upon demand
convey to the City "Lot A" to be used for the develooment of
Yellowstone Street development only. Further, petitioners, their
heirs and assigns, shall install curbs and sidewalks within
twenty (20) months from the date hereof.
SECTION 5. ,,Upon the payment of the aforesaid amount ordered in
lieu of p,atk dedication, and upon 65�`ecutiori of the agreement as
outlined"in Section 4 above, and upon)proper filing of said plat
in the"office of the County,Clerk �n Recorder of Flathead Couq��
Montana, said,territory shall becop and b subdivision of,-,rhe
City of Kalispell and same is cl ssifi as a o. 2 Re s e
District of�said City/
PASSED AND APPROVED 1jYTHE CIT
,Y,-COU1.11CIL AND/THE NA
OF KALI SPE THIS F�t DAY OF 0Ztober
Georq'e_,Be(ards1ee-j rjtv Clerk
I, the un� , e rs ign ed, Cit Cl;r�kof�
a true c6py of the Resolution duly
Montana at a regular meeting held/
ma E.
City of Kalis
q,ed by the Ci
Dp TH ITY
1976 .
y that the foregoing i
of the CiV of Kalispe