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Resolution 5290 - Resolution of Intention & Call for PH - De-annexation - Lorna Wilson (River Glen Subdivision)RESOLUTION NO.5290 A RESOLUTION OF INTENTION TO EXCLUDE CERTAIN TERRITORY FROM THE CITY OF KALISPELL, UNDER THE PROVISIONS OF 'T"`ITLE 7, PART 48, M.C.A. (EXCLUSION OF LAND), COMPRISING A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", DIRECTING THE CITY CLERK. TO PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW, AND SETTING A PUBLIC HEARING. WHEREAS, on October 6, 2003, the City Council of the City of Kalispell, Montana, approved Resolution 4836, which annexed certain real property located on the east side of South Woodland Drive, south of Quincy Loop, and WHEREAS, Lorna M. Wilson, the owner of a portion of the real property annexed, petitioned the City of Kalispell to exclude that portion of the annexation which was incorrectly included in Resolution 4836 and is more particularly described in Exhibit "A", and WHEREAS, the City of Kalispell desires to exclude the property from the City limits under the provisions of Title 7, Part 48 of the Montana Code Annotated (Exclusion of Land), and WHEREAS, the Kalispell City Council finds that the petition to exclude the property was signed by a qualified elector, that the territory is Within and on the border of the corporate limits, and the granting of the petition is in the best interest of the City of Kalispell and its inhabitants and will not materially mar the symmetry of the City of Kalispell, and WHEREAS, the Kalispell City Council shall on the 2nd day of September, 2008, hold a Public Hearing, pursuant to MCA 7-2-4314, to hear all persons and things relative to the proposed exclusion of the territory described in Exhibit "A" in accordance With the Kalispell Zoning ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALIS PELL, AS FOLLOWS: SECTION I. That it is the intention of the City of Kalispell that certain territory described in Exhibit "A" be excluded from the corporate limits of the City and the boundaries of the City be so altered so as to exclude the same. SECTION II. That a public hearing shall be held to hear all persons and things relative to the proposed exclusion of the territory described in Exhibit "A" at 7:00 pm on the 2nd day of September, 2008 in the Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell, MT. SECTION III. The City Clerk shall immediately notify, in writing, all registered voters in the territory to be excluded and publish a notice in the Daily Inter Lake, a daily newspaper published at Kalispell, Montana, of this Resolution of Intention pursuant to 7-1-4127 MCA, said notice also stating the time and place set for the public hearing on the proposed exclusion. SECTION IV. The City Council, after considering all of the evidence, may adopt a resolution approving the exclusion and the boundaries of the City shall thereby be altered to exclude the property described in Exhibit "A" PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF AUGUST, ATTEST: Theresa White City Clerk EXHIBIT "A" A tract of land, situate, lying and being in the SE 1/4 SE 1/4 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the Northwest corner of Lot 25A of the Amended Plat of Lots 25 and 26, Block 1, of Greenacres, a map or plat on file and of record in the office of the Flathead County Clerk and Recorder; thence S 89' 17' 5 8" E, along the north line of said Lot 25A, 325.25 feet to the Northeast corner of said Lot 25A; thence S 00°04'33" E. along the east line of said Lot 25A, 10.47 feet to a point; thence N 89' 18' 3 8" W, 326.25 feet to a point on the West line of said Lot 25A; thence N 00°04'33" W. along the west line of said Lot 25A, 10.53 feet to the point of beginning. Containing 0.079 acres of land more or less.