Resolution 3121 - Subdivision - Hall Addn 82M
LeESOLUTION NO, 31el
LL,
A RESOLUTION TO APPROVE AS A SUBDIVISION OF THE CITY OF KALISPELL,
MONTANA, HALL ADDITION NO. 82.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA:
SECTION 1. That pursuant to th T petition of Kenneth E. Hall and
Doris J. Hall, filed with the City Council of the City of Kalispell,
and the submission to 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 approved
as a subdivision therein, and pursuant to those provisions of Chapter
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:
HALL ADDITION NO. 82
SECTION 2. The Council has accepted, in accordance with Title 11,
Chapter 38, R.C.M., 1947, cash in lieu of park land requirements.
It is ordered that the amount to ai to the City in lieu of
the park requirement is $ 1;3 which shall be deposited
in the Park Fund of the to be used according to law.
SECTION 3. The City Council, in conisdering 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, petitioners
agree to the following terms and conditions: (a) the northern
point of Lot 1 shall be set out and maintained by petitioners
with ascetic� considerations; the City will assume no responsibility
for maintenance of this area, (b) petitioners will provide the
City with a five foot right of way easement along the entire
western edge of the proposed subdivision; the area covered by
such right of way will not be included in the total area of the
subdivision in calculating the land, cash in lieu thereof, to be
granted to the City for park purposes, (c) all sewer and water
lines within the subdivision will be required to be constructed
to city specifications, (d) the City be a party to the covenants
running with the land imposed on Lots 3, 4 and 5, with the use
restrictions imposed by the City-C.ounty Planning Board by letter
dated April 28, 1977.
SECTION 5. Upon . the payment/6f e aforesaid amount ordered in
lieu.of p�r dedication, an pon execution of the agreement as
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ayme t/ 6f
upon
and
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p a p n ' a )
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outline in ection 4 abo , and pon proper filing of said plat
ut In v4
in t off' - e of the Coun y Cler and Recorder of Flathead County,
M ana s i�d territory hall be ome and be a subdivision of the
f ' s
0 K s s me is c s
c s r
C ty 11
ity of K lispell and s me is c assified as follows: Lots 3, 4
and 5 as a No. 3 Resid e Dis rict and Lots 1 and 2 as a No. 5
s i
Busine -Residence Di rict said City.
--TEE CITY COUNCIL AND THE MAYOR OF THE CITY
THIS 25rH DAY OF July 1977.
'j 'y
77;�
I, George Beaxdslee, City Clerk, certify �t� dtthe
pasoed by the City Council of the Cit X Kalispe
copy of Resolution No. 3121.