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5. Ordinance 1281 - Buffalo Commons PUD Amendments - 2nd ReadingAgenda -February 2, 1998 AGENDA ITEM 5 - ORDINANCE 1281-BUFFALO COMMONS-PUD AMENDMENTS-2ND READING This is the 2" a reading for the amendment to the Buffalo Commons PUD that was discussed at the last council meeting. I recommend the completion of this process. ORDINANCE NO. 1281 AN ORDINANCE AMENDING ORDINANCE NO. 1226 (PLANNED UNIT DEVELOPMENT, BUFFALO COMMONS) BY ALLOWING THE VACATION OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, BUFFALO COMMONS, (COMMON AREA, RETAIL/COMMERCIAL/OFFICE, MtTLTI-FAMILY, SINGLE FAMILY AND MEDICAL FACILITIES) BY VACATING THOSE COVENANTS, CONDITIONS, AND RESTRICTIONS, BUFFALO COMMONS DESIGNATED IN ORDINANCE NO. 1226, SECTION I, (A),(B),(C), (D) AND (E) AND REPLACING SAID VACATED SECTIONS WITH COVENANTS, CONDITIONS AND RESTRICTIONS, BUFFALO COMMONS AS SET FORTH HEREIN, AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the Declarations of Covenants, Conditions, and Restrictions, Buffalo Commons, (A), (B), (C),(D) and (E), Section I, Ordinance No. 1226, (Records of Flathead County, Doc. No. 9527615080) are hereby vacated subject to the execution of revised Covenants, Conditions and Restrictions, Buffalo Commons, by Northwest Healthcare and the successors in interest. SECTION II. That the Planned Unit Development, Buffalo Commons is hereby amended by including therein the following Declarations of Covenants, Conditions and Restrictions, Buffalo Commons: A) Declarations of Covenants, Conditions and Restrictions, Buffalo Commons (Common Area) [Exhibit "A", attached hereto, incorporated herein, and thereby made a part hereof]; B) Declarations of Covenants, Conditions and Restrictions, Buffalo Commons (Retail/Commercial/ Office) [Exhibit "B", attached hereto, incorporated herein, and thereby made a part hereof]; C) Declarations of Covenants, Conditions and Restrictions, Buffalo Commons (Multi -Family) [Exhibit "C", attached hereto, incorporated herein, and thereby made a part here of]; j:wp/ord/buffcommpud 1 D) Declarations of Covenants, Conditions and Restrictions, Buffalo Commons (Single Family) [Exhibit "D", attached hereto, incorporated herein, and thereby made a part hereof]; E) Declarations of Covenants, Conditions and Restrictions, Buffalo Commons (Medical/Professional Facilities) [Exhibit "E", attached hereto, incorporated herein, and thereby made a part hereof]; SECTION III. All other parts and portions of Ordinance No. 1226, not amended hereby, shall remain the same. SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, THIS DAY OF JANUARY, 1998. Wm. E. Boharski - Mayor ATTEST: Debbie Gifford, CMC/AAE Clerk of Council j:wp/ord/buffcommpud 2