Resolution 3178 - Subdivision - Hawthorne West IA RESOLUTION TO APPROVE, AS A SUBDIVISION PF THE CITY OF, KALISPELL,
THE RESUBDIVISION OF A PORTION OF, Lot 6; Por'ta Vi*lla Subdivision
No. 3
6FTH_E__(f�12Y OF, KALISPELL, TO BE KNOWN AS Hawthorn- WE� �tl
Subdivisioh kio. 93
6—F THE CITY OF KALISFLT,.
W I T N E S S E T H:
WHEREAS, Garmen H. Meadows, et al the owners
of Lot 6, Porta Villa Subdivision No. 3,
of the City ofi
al of the resubdivision of
said premises to be known as Hawthorn - West 1, Subdivision No. 93-f-'
and all persons having an interest in said premises have, in writing
consented to the resubdivision of said prenises, as required by
Section 11-3865, R�C.M_ 1947, and
WHEREAS, said resubdivision does qualify for summary review and
approval under the provisions of -the Subdivision Regulations of the
City of Kalispell as now in effect, and
WHEREAS, said Flathead County -Areawide Planning Organization has
recommended the City approve such resubaivision, an.d
WHEREAS, the City Council, in considering this request has
found, from the preliminary plat and evidence relating thereto,
that said resabdivision is in the public interest,' and in making
such finding, the Council has considered and weighed (a) the basis
of the 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)
effect.s on the -public health and safety.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL, MONTANA,
SECTION 1. The Petition of
for the xesubdivision of Lot 6, Porta Villa Subdivision No.
is hereby approved and same shall hereafter he known as
Hawthorn West 1, Subdivision No- 5�3
of the City of Kalispell, Montana.
SECTION 2. The classification of said premises under the
Kalispell ZoDing Ordinance shall not be changed by this action.
SECTION 3- That no further portion of said premises need
be dedicated to the City for park purposes.
SECTION 4. That as a condition of this approval, however,
the petitioners must agree to and comply with the following
terms and conditions:
(a) That all water and sewer Systems necessary to serve
said area shall be provided by the petitioners in accord with
the specifiocations therefor imposed by the City of Kalispell
and the State of Montana� Department of Ilealth; easements
shall be provided to the City of Kalispell for necessary access
thereto for maintenance and repair of such facilities.
(b) That fire protection facilities vitbin the area sball
be installed as required by the City of Kalispell.
(c) That the, owners shall provide a waiver of protest to
creation of any and all storm drain system SIDS as may be� pro-
posed including or effecting any portion of said subdivi!�ion
as well as the sale of bonds or assessments to pay the costs
thereof; such waiver shall riin with the land and he binding on
the successors in interest to the parcels of said subdivision,
(d) That all private streets within, the dev ' elopment shall
be surfaced and maintained to a full twenty four foot (241)
width by the petitioners or the homeowners association that way
be established for common purposes.
. (e) -That a homeowners association will be established to
own, control and maintain all of the common - land within th;--
said subdivision and such association shall be responsible for
all maintenance and improvements of the stre.ets therein includ-
iD9, but not limited to, snow removal,- sanding, paving, sweeping,
flushing, signing and parking.
(f) The City of Kalispell will maintain and repair under-
ground water and sewer facilities, except service lines to
individual units,- and, in the course of excavating for such
purpose will backfill, bed and compact same to one foot'(I')
above 'the facility involved with further backfilling and final
Compaction and restoration of sur�ace and landscaping shall be
the responsibility of. the b6,rneowners association. The City
shall also be held harmles's for any damage to the surface and
landscaping that may result from the traffic of emergency
velii'cles- 'Into the are6.
SECTION 5. Upon the petitioner furnishing to the City
appropriate documents to -accomplish the condi�ions set forth
above and upon proper filing of the final plat of said re -
subdivision in 'the office of the Flathead County Clerk and
Recorder, said premises shall be a subdivision' of the City of
Kalispell.
PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
KALISPELL, THIS 5th DAY OF JUNE, 1978-
ATTEST:
A
Marjor�
Giermann, Acting City Cl rk
STATE OF MONTANA,
County of Flathead
Norma B. 1�5app, �,Iayor
Filedfor record at the request of -------------------------------- - - - ------------- _ --------------------------- ------------------------------- - --- ---------------- - - ----
this day of .... ---------- 19__ o'clock 2� M and recorded in VOL.---
- - - ----------
_8 ------ of Flathead County, State of Montana.
PAGE ) ------------ mord,
Fee $,.---
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Flathead County Clerk and Recorder
RECEPTION NO.
RETURN TO
f
Deputy
I, the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a true
copy of the Resolution duly passed by #ie City Council of the City of Kalispell, Montana at a
regular meeting held the LLZj_day of 19
City �le37k -or the City of Kalizpell, Montana
/6�
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