Loading...
Resolution 5152 - Annexation - Hershberger Addition #383 - Autumn Creek SubdivisionReturn to: Theresa White Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 2006291 1 ()py() � t �, �.1F � �1 ' �,:'c �tc".,.� �3 �'jY 1�� w.{ sF� �_,t. �j��.�:.,�.� � �r-.,.-, �•a r. � RESOLUTION NO. 5152 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 AS ASSESSORS TRACTS 6AAK, 6DI AND 6AB LOCATED IN SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.,M., ,, ~~~ FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS HERSHBERGER ADDITION NO. 10 383, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING 60 1 ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS on April 29 2005 the City of Kalispell received a petition from Lee and Linda p � � Y p Hershberger, the owners of property located north of Highway 2 West, on the east side of Hathaway Lane, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, on June 14, 20051 the Kalispell City Planning Board and Zoning Commission held a public hearing on the matter, and continued the public hearing in order for the developers to address concerns raised by the Board and the public, and WHEREAS, the Kalispell Planning Department made a report on the Hershberger's revised Annexation Request, #KA-05-8A (Amended), dated September 7, 2005, and WHEREAS, on September 13, 2005, the Kalispell City Planning Board and Zoning Commission held a public hearing and recommended that the territory be Zoned City R-2, Suburban Residential on approximately 8.69 acres upon annexation into the City of Kalispell, and WHEREAS, on October 3, 2005, the Kalispell City Council denied the annexation request due to concerns including a lack of a second access out of the development, unresolved traffic issues at the intersection of Hathaway Lane and US 2 West, a cul-de-sac which exceeded the C ity's 600 foot maximum, and neighborhood compatibility issues, and WHEREAS, since that time, the applicants have made revisions to the subdivision, resolved the traffic issues to MDT's satisfaction, applied for a variance for the cul-de-sac, attempted to resolve the neighbor's concerns, and on July 27, 2006, resubmitted the subdivision for annexation, and WHEREAS, the Kalispell Planning Department has made a report on the Hershberger's most recent Annexation Request, #IAA--06-7, dated July 25, 2006, and 2006291 1()oy0 WHEREAS, on August 8, 2006, the Kalispell City Planning Board and Zoning Commission held a public hearing and denied a recommendation that the territory be zoned City R-2, Suburban Residential on approximately 8.69 acres upon annexation into the City of Kalispell, due to a vote of two in favor and two opposed, and WHEREAS, the City Council has considered all evidence provided by the proceedings of the Kalispell City Planning Board, including all testimony and written comments of the public, and hereby adopts the Kalispell Planning Department Report #KA-06-7 as its findings of fact and determines that it is in the best interests of the City to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY 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 Hershberger Addition No. 383. SECTION H. 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 Council and file said documents with the Flathead County Clerk and Recorder. 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, laws and ordinances and regulations 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 III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 2ND DAY OF OCTOBER, 2006. ATTEST; Theresa White City Clerk Pamela B. Kenned Mayor 2006291L 10 0 q 0 EXHIBIT A Legal Deriptons County, Monona, mom paMcWarly doscabcd a5 folio s, Cowamciag ar a point are thenorth &e of Old US. ffthvivay . 16. 2, crossing to p ly: Domion ofad s'i melon, sd point being NbAb VW080' F=4 ak&g the sou th sector &e, a dis€n cc of 1145.06 feet d N011h 00"] 3 5" Wes4 z dishuwe of A 00 &et from the southwest per off above said Semen 12, rownsh `p 8 Nam, :fie 22 said�# the southwest Comer of that cam. &aafland de�bed � cd to amwl S, Pam ,and Leo= L Da ' ceded fungi 7, 1965 ao&,r ccorder's Fee goy 4779 m .Bo6k 473, Nge 563, raoarc& offbthead County, Mb Via; thawx Nor& #13"35'* West along the west bowuluy ofsaid Davis SOWPOiat 4-hug t& PoiVI of Bogiubg QAk parccl Wigg d�;dbcd; mm along� nor � of�Davis T=4 North "4612 "East 115.36 fee to the mdhcast cot= therm tbwce along o east boua&ry ofsaid Uw4 South 00'.13"35'East 234.80 feet to the nartha cow of del descnWin Book 305, Page 311, racorak ofllathrad Cry, Mbnbma� tie dmg tho of said P=el and n along fha nortb hw of Wtp=cf descfibed M Book 300, Page 84, rw"ds ofFhfhwd C'bm.tyt Mon North 95P45' *0 EAS( .34.$5 fr tbc wcst Inv ofMatparcof dmilbed B m* ge 207t rem offla th cad Styr Montana; a; =cc along the west lin t ofsa dparcel, otO "145 " West 11441 kvt to the nor wcst Corn= crta , throve along me north ae Ord t04 aid con dmi'qg akag tk aoTth I&a ofthat pal d s aribed in Book 387, Rigo 232, girds of Rathead COUn Montmaa, Nortb 89v4Y " East 17 a 6 few erOOVTOOg Wftt 215.61 fba� dwwo Norte 89`38'W fAst 327,85 feet to the C&q &e off West Half of the Sauthe� Quarnr of ft Southwest Quaitw th� abovesaid Secdon 1 # tfimce alogg sad cast Yhp off :aUquorart Now "011520 We4t 3,0.,00 feek Wince St) 043r08" esr� 66 feet to a -point Wbkh is on the ply extemiaon of the west &e of tP&=1 &scribW M B ook 484 Pap 207, revords ofFlatbeaaC Cauni)� Mont die= South 0 011 1415r' Eas # 152- 14 feet the nath lim of thstpmel dexm'bcd in Documwt.No. 2W428114320, rids ofF.adwad minty, l`utw. Oefica alaug the noffb Ase a sa parcot South 89115 141 " Wiest 350,01 foci to the eaMr�y. bow afHathaway Drive, a 60 foa vdide deeded cwmty row descnvd in Bmk 445, Page 341, mards a Ila thead Cbus 1)� Mafttw,�; dimce, alongsaid easterly bmaduy of said Hathaway Df m Son th 00 01315 " Eas t 304.62 toot to thopoint beginnincanirz g &694 acres afland All as Amnon the ached CuWKWo of urvoy. wfriob is h�,rrwftb inv rpormcd fa, and made a paa of f lei e:g�p m, 3LS AND h ,a - CSC.