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Resolution 3186 - Subdivision - Summit RidgeRESOLUTION NO. 3186 A RESOLUTION TO APPROVE AS A SUBDIVISION OF THE CITY OF KALISPELL, MONTANA, SUMMIT RIDGE NO. 1, ADDITION 90. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION 1. That pursuant to the petition of J. Austin Miller, et al, filed with.the City Council of the City of Kalispell, and the submission to said Council by said petitioners of a plat reflect- ing 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: SUMMIT RIDGE NO, 1, ADDITION 90 SECTION 2. 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 Couiicil 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 3. As a condition of said approval, however, petitioners must agree to the following terms and conditions: (a) sewer and water facilities in said subdivision shall be installed by the owners to the specifications of and subject to approval of the City of Kalispell Director of Public Works and the State of Mont- ana Department of Health; (b) Standard roadways shall be dedicated but improvements of streets shall be to 44 feet width; (c) land shall be dedicated for park as required; (d) the "buffer" strip on the north side as proposed shall be deleted in its entirety; (e) the owners shall provide a waiver of protest to creation of any and all storm drain system SIDs as may be proposed including or effecting any portion of said subdivision as well as the sale of bonds or assessments to pay the costs thereof; such waiver shall run with the land and be binding on the successors in interest to the parcels of said subdivision; (f) the owners shall participate inthe costs of upgrading the existing water main system serving said area up to one-half the costs thereof but not more than Seven Thousand Five Hundred Dollars ($7,500.00); (g) the City will furnish city garbage collection services to said area only in accord with Section 11-526, R.C.M. 1947, as amended; (h) Lot 19 as described on lhe preliminary platwill be modified and dedicated to the City as a public street on the final plat, however same need not be developed as a street by the owners. Said parcel will not be used as a public street unless and until the area to the north of instant subdivision is annexed to the City and at that time the City or the owners of such newly annexed property will bear the.costs of development of same as a public street. SECTION 4. Upon preparation of a final plat in accord with the foregoing conditions, and upon approval thereof as provided by law and proper filing thereof in the office of the Flathead County Clerk and Recorder, said territory shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAY OF THE CITY OF KALISPELL, MONTANA, THIS 7th DAY OF JULY 1 1978. Norma E. Happ, Mayoi--f- ATTEST: ��ity C ye r k I, the unde--rsig gned, City Clerk of the City of Kalispell certify that the foregoino is a true copy of the Resolution duly passed by the City Council of the City of Kalispellp Montana at a regular meeting held the 7th day of July 1978. Acting CilSr Clerk of the City of Kalispell V - 2 -