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Resolution 3189 - Subdivision - Pack AddnRESOLUTION NO. 3189 A RESOLUTION TO APPROVE AS A SUBDIVISION OF THE CITY OF KALISPELL, MONTANA, PACK ADDITION, ADDITION NO. 91 TO KALISPELL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA- SECTION 1. That pursuant to the petition of Ronald E. Pack and the State of Montana, Department of Highways, 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 ast PACK ADDITION, ADDITION NO. 91 TO KALISPELL SECTION 2. Inasmuch as the zoning classification of said premises namely Community Business, B-4, pursuant to the City of Kalispell Zoning Ordinance as adopted November 30, 1977, is not a residential district zone and dwellings therein are not permitted as a permitted or conditional use, no park land dedication or payment of cash in lieu thereof is required therein to comply with Section 11-3864, R.C.M, 1947, as amended. 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 an 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 must agree to the following terms and conditions: (a) a 100 foot drainage easement will be furnished to the City; (b) water and sewer lines will be constructed therein in accord with specifica- tions of the City Department of Public Works and the State of Montana Board of Health; (c) a waiver of protest to Special Improvement District proceedings for storm drain in said area shall be furnished the City. SECTION 5. 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 becoine and be a subdivision of the City of Kalispell and same is classified as a community Business B-4 District of said City. PA53ED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 9th DAY OF AUGUST 1978. Norma E. Happ, Mayor� ATTEST: l rjori a Glermann, City Clerk STATE OF MONTANA, County of Flathead Filed for record at the request of ----------- - --- - — ----------------- ------------------- -----------------_ - - this /11 day of ----- 412i& ---- � 1977-if at-JA.0 ... o'clock Id M and recorded in VOL_ 6 ZP PAGE Records of Flathead County, State of Montana. Fee ---------- ------ lath ad County Cletk and Rec:order RE, CEPTION NO,(---7. ....... . . - --------- RETURN Deputy /"Oa ----------- - ---- _ ------------ ­ -------- ------ --------- ...... ... ---------- - ----------- - - - ------ — ------ - — ------------- - - ---------- 1, the 'undersigned, City Clerk of the City of Kalispell certify that the foregoing is a true copy of the Reoolution duly paooedby the City Council of the City of Kalispell, Montana at a regular mee Ling held 'the _q I L-_day of City Cl?*k of the City of Kalispell, Montana