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Ordinance 1380 - Zoning and PUD - Crosswell - Mountain View PlazaORDINANCE NO. 1380 178 AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT ON CERTAIN REAL PROPERTY OWNED BY PACK AND CO., REPEALING ORDINANCE NO. 1324, AND. DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the Planned Unit Development proposed by CROSSWELL DEVELOPMENT LLC upon the real property described in Exhibit "A", attached hereto, incorporated herein, and thereby made a part hereof, is hereby approved, subject to: A) Development Agreement, dated May 2 1 2001, between CROSSWELL DEVELOPMENT LLC, PACK AND COMPANY, and the CITY OF KALISPELL, Exhibit attached hereto, incorporated herein and thereby made a part hereof. SECTION II. Ordinance No. 1324 ("Domesite") is hereby repealed. SECTION III. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 2ND DAY OF APRIL, 2001. ATTEST: Z Theresa White City Clerk 1 Cis s . arsk! , - — Wm. E. Boharski Mayor The land referred to in this policy Ic situated in the Slate of Montana, {".aunty of Flathead and'Is described as follows- 176. PARCELS 1 s A traclrof land located -in the Northwest Quarter of Section 31, Township 29 Nod Range 21 West, P.M.M.;, Flathead•Cotinty, Montana and lilUSe pssriicularly described as follows: Cn-mmencing at the Northeast .corner of ParCEI 1 of Cartificate Of Survey No. 12230, rrrnrft nF F1aL4ead county and which point is the True Point of Beginningo' thence westerly, Northerly and Southerly, on and along said North boundary of Parcel 1 and the South rignc-of-waY bouudazy ut WeoL- heaerve Drive, the following five coveea 09*37,2011 Wont, a dist,anoo of 363.6.7 fftFkt to a point; No00 -50, 40" Bast, a distance of 1995 fact to a points wnrth R9'37122" West, a distance of 375.37 feet to 8 point; North 02'15152" East, a distance of 5.59 feet to a Point; North 89'57'101, west, a distance of 107.63 feet to a point which point is the _._, .Qrthgast corner ct that tract indicated Vis CegLi.ricatQ of ouzvay We. 7090, records of Flatheac�Ccurt`y;: Suuih co'14'p1" want. on aad along the Bast boiinft y of said tract, a diatancn of 252.46 feet to a point; thence North 89*54108" west, on and along the South boundary of said tract, a -distance of 233.25 feet to a point which point lies on the Fast right-of-way boundary of U.S. Highway 93; thence South 00'06'49" West:, on and along Said Edtlt; s1y11L-Q -►ray boundary, a cllotanco tee.. of 640.6d feet to a point which point: is the Northwest corner of Parcel 2 of nail Cort~ificate of Survey No. 122303 thence South 88,59,570 East, on. and along the North boundary of said Parcel 2, a distance of 464.36 feet to a point which point is the Northeast corner of said Parcel 2; thence South 30016,191, East. a distance of 490.29 feet to a point and which point is the ]past corner of said Pal"I 2; 4hencc South 35'17137° Vest, a distance of 267.05;fe0t to a point Which point is the Northeast corner of Parcel 3 of said Certificate of survey No. 12230; thenuce North 89108'35" west, a distance of 558.48 feet to a point which point lies on said East right-of-way boundary of U.B. Highway 93 and which point 18 tea Northwest corner of. said Parcel 3t thence s'uutit 00'11.10" West:, on avid along caid Last right-of-vay boundary, a d.is3tanee of 375.07 feet to a point which point is the Southwest: corner of said Parcel 3; thanca South 89'57'53" East:, on and along tha South boundary of said Parcel 3, a distones of 559.98 feet to a point and which point is the Southwest corner of said Parcel 1 of Certificate at Survey No. 12234; theneu South 89,56,280 East, on and along the South boundary of said Parcoi 1, a distance of 50.39 foot to a poiritr thsnca South 00'07110" West 9d0.71 fact tc the Point of Raginaing of the parcel being described, thrnca leaving said Right -of -Way, South 89 ' 04' S 8•" East 464.06 feet; thence South 30'17134" Last 490.59 feet; .thence South 35'16'49" Wart 267,00 feet] thence Nurth•89'09'50" Wret 558.60 feat ju t+htj Easterly line of U.B. Highway No. 93 Right -of -Way; thence along the Easterly line of said Right -of -Way, North 00'47110" East 6d0.91 feet to the Point of geginainq. Parcel 2 of CQrt;ificatc o!: Survey No. 1Z230. TUT. DND Exhibit "B" ABSTRACT OF DOCUMENTS The Mountain View Plaza PUD Application, dated December 11, 2000; the FRDO Staff Report #KPUD 00-1; Report of City/County Planning Board based upon its meeting of January 9, 2001; and the Conditions of Approval of the PUD as passed by the Kalispell City Council on February 20, 2001 are on file with the Kalispell City Clerk, 312 1"t Avenue East, Kalispell, MT.