Resolution 5251 - Annexation - Willow Creek Addition #398Return to: Theresa White 11111111 IN 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 IT IN
Kalispell City Clerk 200700037957 Fees: $35.00 by: DD
PO Box 1997 RESOLUTION -PROPERTY by KALISPELL CITY AITN/T
Kalispell, MT 59903 Date 12/18/2007 Time 2;36 PM Page: 1 of 5
0 Paula Robinson, Flathead County Montana
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RESOLUTION NO. 5251
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A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY LOCATED WITHIN THE NORTH HALF OF THE NORTH HALF OF
THE SOUTH HALF OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M,M.,
FLATHEAD COUNTY, MONTANA AND DESCRIBED AS CERTAIN TRACTS WITHIN
CERTIFICATE OF SURVEY NO.18086 AND MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO, TO BE KNOWN AS WILLOW CREED ADDITION
NO. 395; 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 Wayne Turner, the owner of
o property located on the north side of. Foys Lake Road 1/4 mile west of the current city
limits along Meridian Road, requesting that the City of Kalispell annex the territory
Into the City,and
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WHEREAS the Kalispell Planning Department has made a report on the petitioner's
Annexation
Request, #KA-07-13, dated November 27, 2007, and
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o WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
` territory be zoned City R-3, Urban Single Family Residential, on approximately 165
acres upon annexation into the City of Kalispell, and
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WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter Z, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
o, 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 Willow Creek Addition No. 398.
SECTION 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.
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 3RD DAY OF DECE ViBERz 2007.
ATTEST:
Sn' W ';
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
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EXHIBIT "A"
DESCRIPTION: TRACTS 6 - 12 C.O.S. 18086 (KA-07-03)
SEVEN TRACTS OF LAND, SITUATED, LYING AND BEING IN THE
NORTHEAST QUARTER, IN THE EAST HALF OF THE NORTHWEST QUARTER
and IN THE NORTH HALF OF THE SOUTH HALF OF SECTION 13, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
BEGINNING at the southwest corner of the Southeast Quarter of the Northwest Quarter
of Section 13, Township 28 North., Range 22 west, P.M.,M., Flathead County, Montana
which is a found iron pin; Thence along the west boundary of said SE 114NW 114
N 01 ° 2 3 ' 11 "E 113.67 feet to the approximate centerline of Ashley Creek; Thence along
said centerline the following forty-seven (47) courses: S80'05'06"E 171.35 feet;
S62032'54"E 71.38 feet; N78°02'43"E 47.67 feet; N43037'57"E 37.60 feet;
N36°55'34"W 109.85 feet; N70°34'00"W 79.56 feet; N43°21'40"w 41.65 feet;
N06010' 51 "W 48.92 feet; N80003' 00"E 93.85 feet; N27019' 31 "E 85.09 feet;
N800 16' 11 "E 40.93 feet; S40053' 57"E 108.50 feet; S84°32' 52"E 58.99 feet;
N51011'26"E 163.69 feet; N69a24'28"E 243.84 feet; N23010' 14"E 69.84 feet;
N56050' 16"W 73.43 feet? S78052'33"W 62.38 feet; N84°47'041"W 117.18 feet;
N35051'01"W 67.06 feet; NORTH 100.11 feet; N32008'53"E 62.54 feet; N57015' 18"E
139.16 feet; N06 a46' 10"E 41.80 feet; N3 3 ° 19' 40"W 120.19 feet; N2 5 ° 04' 46"w 3 02.52
feet; N15a20'09"W 89.41 feet; N30°07'31"E 31.48 feet; N82°18'53"E 171.13 feet;
S88')54'04"E 299.25 feet; S50037'19"E 126.73 feet; S62°38'27"E 139.54 feet;
S48016' 12"E 145.20 feet; S590I 1'05"E 83.07 feet; S31 °42'40"E 90.66 feet;
N81 °56'26"E 23.44 feet; N38033'03"E 91.97 feet; S84033' 16"E 42.63 feet;
S21054'48"E 139.19 feet, S36003'50"E 177.44 feet, S69053'59"E 86.77 feet,
S48008'52"E 140.96 feet; S57033'33"E 197.73 feet; S84°41'20"E 53.40 feet;
N48030' 21 "E 76.31 feet; N17042' 51 "E 3 56.28 feet; N80015' 3 81"E 30.92 feet to the
westerly R/W of the Proposed Highway by-pass; Thence leaving said centerline and
along said RAW S25023'01 "E 72.19 feet; Thence S37'03'03"E 292.85 feet to a found
iron pin; Thence S 14°29'29"E 1591.33 feet to a found iron pin; Thence S22°53' 11 "E
189.98 feet to a found iron pin, which is on a 1500.1.4 foot radius curve, concave
northwesterly (radial bearing N28'33'39"W); Thence southwesterly along said curve
through a central angle of 05018' 18" an arc length of 138.90 feet to a found iron pin;
Thence S52°44' 16"W 50.92 feet to a found iron pin and the P.C. of a 1513.27 foot radius
curve, concave northwesterly (radial bearing N21 "2 3' 06"W); Thence southwesterly
along said curve through a central angle of 10°24'24" an arc length of 274.86 feet to a
found iron pin; Thence S60°52'44"W 69.26 feet to a found iron pin and the P.C. of a
1536.25 foot radius curve, concave northwesterly (radial bearing N08°31'22"W); Thence
southwesterly along said curve through a central angle of 05°56'38" an arc length of
15 9.3 7 feet to a found iron pin; Thence S 8 8 a47' 44"W 112.46 feet to a found iron pin;
Thence S 75 °47' 04"W 94.61 feet to a found iron pin on the northerly R/W of Foys Lake
Road; Thence leaving said bypass RAW and along said Foys Lake Road R/W
S 89° 3 5' 22"W 2810.48 feet to a found iron pin on the centerline of a 60 foot private road
and utility easement; Thence leaving said R/W and along said centerline N00124' 14"E
1258.55 feet to a found iron pin; Thence leaving said centerline N88°52'46"E 282.93 feet
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to the paint of be g and containing 138.940 .ACRES; Subject to and together with. a
0 foot private roads and utility easements; Subject to and together with all appurtenant
easements of record.
DESCRIPTION: A PORTION of TRACT 3 of C.O.S. 18086 (KA-07-13)
A PORTION OF TWO TRACTS of LAND, SITUATED, LAG AND BEING IN
THE NORTHEAST QUARTER., IN THE EAST HALF OF THE NORTHWEST
QUARTER and IN THE NORTH HALF of THE SOUTH HALF of SECTION 13 ,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY,
MONTANA, .AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
Commencing at the northeast corner of the Northwest Quarter of the Southwest Quarter
of Section 13, Township 28 North, Range 22 west, P.M.,M., Flathead County, Montana,
which is a found iron pin; Thence along the north boundary of said NW 1 /4SW 114
S88°52'46"W 282.93 feet to a found iron pin on the centerline of a 60 foot private road
and utility easement; Thence along said centerline S o0'24' 14"W 1258.55 feet to a found
iron pin on the northerly R1W of Foys Lake Road.; Thence leaving said centerline and
along said RAV N89°3 5' 22"E 2810.48 feet to a found iron pin on the northerly and
westerly RIW of the Proposed Highway by-pass and THE T LTE POINT OF
BEGR4NING OF THE TRACT of LAND HEREIN DESCRIBED: Thence leaving said
Foys Labe Road RIW and along said by-pass RfW N75°47'04"E 94.61 feet to a found
iron pin; Thence N8 8447' 44"E 112.46 feet to a found iron pin and the. P .C. of a 1536.25
foot radius curve, concave northwesterly (radial bearing NO2 ° 3 4' 44"W); Thence
northeasterly along said curve through a central angle of o 5 ° 5 6' 3 8" an arc length of
159.37 feet to a found iron pin; Thence N60°52'44"E 69.26 feet to a found iron pin and
the P.C. of a 1513.27 foot radius curve, concave northwesterly (radial bearing
N 10' 5 8' 42"W); Thence northeasterly along said curve through a central angle of
10'24'24" an are length of 274.86 feet to a found iron pin; Thence N52°44' 16"E 50.92
feet to a found iron pin and the P.C. of a 1500.14 foot radius curve, concave
northwesterly (radial bearing N23 ° 15'21 "W); Thence northeasterly along said curve
through a central angle of o 5 ° 18' 18" an arc length of 13 8.90 feet to a found iron pin;
Thence N22'53' 11"W 189.98 feet to a found iron pin; Thence N1.4129'29"W 1591.33
feet to a found iron pin; Thence N37°o3'03" W 2 92.8 5 feet; Thence N25°23'01"W 72.19
feet to the approximate centerline of Ashley Creek; Thence along said centerline the
following eighteen (18) courses. N80°1.5'39"E 19.89 feet; S26°34'33"E 53.14 feet;
S72044' 18"E 97.23 feet; S82`41'58"E 350.50 feet; S72051'01"E 95.70 feet;
S22003' 11"E 78.74 feet; S57°23'38"E 148.56 feet; S28°03'48"E 160.49 feet;
S23048' 18"W 45.45 feet; S67°56' 56"W 142.17 feet; S08°3 3' 19",'SST 53.79 feet;
S 3 6 ° 12' 49"E 13 2.46 feet; S 5 5 ° 54' 0 8 "E 92.74 feet; Thence S 10 ° 04' 14"E 57.11 feet;
S08028'49"'W 155.36 feet; S171)59' 19"E 65.38 feet; S470211311!'E 282.49 feet,
S27029'40"E 147.23 feet to the westerly RIW of Burlington. Northern Railroad; Thence
leaving said centerline and along said RfW S 10°3 8' 34"E 390.95 feet to a found iron pin
on the northerl, RAV of Foys Lake ?load; Thence leaving said railroad R1W and along
said Foys Lake Road RIW S27°37' 51 "T 21.96 feet to a found iron pin; Thence
N55029'31"w 11.84 feet to a found concrete monument; Thence S32°53'35"W 24.55
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feet to a found iron pin and the P.C. of a 1086.00 foot radius eme, concave
northwesterly (radial bearing N56°27'343'W); Thence southwesterly along said curve
through a central angle of 44°3 5' 12" an arc length of 845.11 feet to found concrete
monument; Thence S64'02'40"'W 3 8.7 5 feet to a found concrete monument and the P.0
of a 1096.40 foot radius curve, concave northwesterly (radial bearing N09°43' 3 8"W);
Thence southwesterly along said curve through a central angle of 09'3 a'42" an arc length
of 181.94 feet to a found concrete monument; Thence S89°35'22"W 399.59 feet to the
point of be'ng and containing 23.386 ACRES; Subject to and together with all
appurtenant easements of record.
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