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Resolution 5183 - Annexation - Fox Trotter Addition #389A 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 TRACT 2 O CERTIFICATE OF SURVEY 7084 AND A PORTION OF PARCEL A OF CERTIFICATE OF SURVEY 15697, AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT `'A" IN SECTION 2 TOWNSHIP 28 NORTH RANGE 22 WEST P.M.M. FLATHEAD COUNTY MONTANA, TO BE KNOWN AS FOX TROTTER ADDITION NO.389; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from FESN, LLC, the owners of property - located at the northwest corner of the intersection of Stillwater Road and Parkridge C. Drive, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA-06 -14, dated November 15, 2006, and WHEREAS, the Kalispell City Planning Board and zoning Commission recommended that the territory be zoned City R-2, Single Family Residential, on approximately 11 acres upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires 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 and on Exhibit "A" be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Fax Trotter Addition No. 389. 200*n2.91 1 S5 D SUCTION II. 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. SECTIONN 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 STH DAY OF MARCH,.'.'. ATTEST: Theresa White City Clerk 20047129 /15� Exhibit A Fox Trotter Meadows Annexation and Initial zoning Legal Description Three tracts of land in the South Half of the Southeast Quarter of the Northeast Quarter of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Tract 2 of Certificate of Survey No. 7084, further described as Commencing at the East Quarter corner of said Section 2; thence North 000'38'45" East, on an along the East boundary of said Northeast Quarter, a distance of 30.00 feet to the True Point of Beginning; thence North 00° 38'45" East continuing on and along said East boundary of the Northeast Quarter, a distance of 631.88 feet; thence South 89°43'32" West, on and along the North boundary of said South Half of the Southeast Quarter of the Northeast Quarter, a distance of 689.85 feet' thence South 00'38'45" West, a distance of 632.00 feet-, thence North 89°42'57" East, a distance of 689.85 feet to the True Point of Beginning. A portion of Certificate of Survey No. 15697, further described as Commencing at the Northwest corner of the Northeast Quarter of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana; thence N89°57'50" East a distance of 200.00 feet to the Point of Beginning; thence South 00°26'06" West a distance of 330 feet, thence North 89°57'50" East a distance of 118.76 feet, thence North 00°26'26" East a distance of 330 feet, and thence South 89°57'50" West a distance of 118.76 feet to the Point of Beginning.