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Resolution 5122 - Annexation - Eisinger/Davis Addition #380Qj .return to: Theresa white Kalispell City Clerk o Box 1997 Kalispell, MT 59903 RESOLUTION NO. 55122 A RESOLUTION To PROVIDE FOR THE ALTERATION of THE BOUNDARIES of THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED ON "EXHIBIT A", LOCATE N SECTION 30, TOWNSHIP 29 NORTH, RANGE 21 WEST, . ,M.M., FLATHEAD COUNTY, MONTANA, To BE KNOWN .AS L SINGER/I A.V S ADDITION No. 38 , TO ZONE SAID .PROPERTY IN ACCORDANCE WITH THE KALIS ELL ZONING ORDINANCE,, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Ei i ger Properties, LLC and Lyle and Joanne Davis, the owners of property located on the northeast corner of the intersection of Highway 93 and West Reserve Drive, requesting that the City o Kalispell annex the territory into the City, and WHEREAS, the Kalispell Planning Department has made a report on the isinger/Davis Annexation Request, KA-o -3, dated April 19, 2006, and WHEREAS, the Kalispell City Plan in .hoard and Zoning Commission recommended that the territory be zoned City B-2, General Commercial, on approximately 15.4 acres upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell l desires to annex said property in accordance with Title 7, Chapter 2, Fart 46, Montana Code .Annotated. NOW THEREFORE,, BE IT RESOLVED Y THE CITY COUNCIL of THE CITY of KALISPELL AS FOLLOWS: SECTION .I. That all the real property as described above be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Eisi ;er/Davis Addition No. 380. SECTION 11. Upon the effective date of this Resolution, the City Clerk is directed to make; and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Coil and file said documents with the Flathead County Clerk and Recorder. ;40061,92 0""S I 10 From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laves and ordinances and recrulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION 111. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinauce. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. _PASSED AND APPROVED Y THE CITY COUNCILAND SIGNED Y THE MAYOR of THE CITY of KALISPELL, THIS .19TH DAY of . UNE, Zoo . ATTEST: Theresa White City Clerk 20061ta EXHIBIT "A" Tract 4C (Davis) That portion of Government Lot 4, Section 30, Township 29 North, Range 21 West, 1 .M.K, Flathead County, Montana, described as follows: Commencing at the Southwest comer of Section 30; thence North '5 " East 124.22 feet to the West lino of U.S. Highway No. 3; thence along the vest line of the highway, North 0 0 3' 1 }' East 734.40 Feet to the Point of Beginning; thence continuing along the West line o the bigbway, North 00'23' 1 " East 273.09 feet; thence South 89' 3'05"' East 823 feet, more or less, to the thread of Stillwater River; thence Southerly along the thread of the river 281 Feet., more or less, to a point which bears South 89'3'05"' East from the Point of Beginning; thence North 890 3' 5-' West 829 feet, more or less, to the .point of Beginning containing 5.29 acres, more or less, of land all as shown hereon. Subject to and together with easement of record. Tract 41 (El*singer) That portion of the Southwest 1 , Section 30, Township 29 North, Range 21 West, 1 .M.M., Flathead County, Montana described as follows: Commencing at the Southwest corner of Section 30; thence North '0 '5 " East 124.22 feet to the intersection of the North line of West Reserve Drive with the East line of U.S. Highway No. 93; thence along the East line of U.S. Highway No. 93 North 00°15'55"' East 734.40 feet to the point of Beginning> thence retracing South 00'15'5 5 "' West 7 3 4.40 feet; thence South 8 8'0' 31� East 400.46 Feet, along the North line of the Vest Reserve .Drive; thence South 899 l '5 " East 104.15 Feet., along the North line of the West Reserve Drive; t enee North 00'2 '21" East 454.73 .beet; thence South 89 33' " East 260.80 feet; thence North. 00'25' 1 " East 14 feet more or less to the centerline of Stillwater River; thence Northerly along the centerline of the river 385 feet more or less to a point which bears South 891 3'05" East from the Point of Beginning; thence North 8 9 04 YO5" west 831 Feet more or less to the Point of Beginning containing 1 . 10 acres o land all as shown hereon. Subject to easements of record.