Resolution 3170 - Subdivision - GreendaleRESOLUTION NO. 3170
A RESOLUTION TO APPROVE AS A SUBDIVISION OF THE CITY OF KALISPELL,
MONTANA, GREENDALE SUBDIVISION NO. 88.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA:
SECTION 1. That pursuant to the petition of Patricia A. Hansen,
Trustee, filed with the City Council of the City of Kalis ' Pell,
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:
GREENDALE SUBDIVISION NO. 88
SECTION 2. The Council has accepted, in accordance with Title
11, Chapter 38, R.C.M. 1947, cash in lieu o'f_park land require-
nients. It is ordered that the am jaid to the City in
the park requirement is �'7z'x Ywl' which shall be
lieu of
deposited in the Park Fund of the City to be used 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 considred 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, petitioner
must agree to the following terms and conditions: (a) The petitioner
shall install within said subdivision water and sewer facilities to
meet or exceed minimum specifications of the State of Montana,
Department of Health and the City of Kalispell, Director of Public
works. (b) The petitioner shall also furnish to the City of
Kalispell an agreement running with the land and lots of said
subdivision that the owners thereof, their heirs, assigns or
successors in interest, waive the right to Protest the formation
of a Special Improvement District for the construction of a sanitary
sewer and/or storm drain system to serve all or any portion of said
subdivision and, further, waive the right to protest the work to
be performed by such a S.I.D. (c) All streets in said subdivision
shall be constructed in accord with specifications therefore as
a dopted by the city Council of the City of Kalispell.
SECTION 5. Upon the payment of the aforesaid amount ordered in
lieu of park dedication, and upon execution of the agreement as
outlined in Section 4 above, and upon proper filing of said plat
in the office of the County Clerk and Recorder of Flathead County,
Montana, said territory shall become and be a subdivision of the
City of Kalispell and same is classified as Residential R-5 Zone
of said City.
PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY
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STATE OF MONTANA, ss
County of Flathead
Filed for record at tpd r`e� jest of __ -----------
this 7da of, o'clock M and recorded in VOL
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1, the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a true
copy of the Resolvtion duly passed by the City Council of the City of Kalispell, Montana at a
regular meeting held the day of
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City Cler of the City of Kalispell, Montana