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11. Ordinance 1652 - Removing Property from Kalispell Zoning Map - Bay Ridge Estates - 1st ReadingORDINANCE NO. 1652 AN ORDINANCE TO AMEND ORDINANCE 1627, WHICH AMENDED SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1.460), BY REMOVING THE ZONING FOR CERTAIN REAL PROPERTY AS DESCRIBED ON EXHIBIT "A" LOCATED IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA FROM CITY R-3 (SINGLE FAMILY RESIDENTIAL) AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, on January 22, 2008, the City Council of the City of Kalispell, Montana, approved Ordinance 1627, which changed the zoning on certain real property located at the northern end of Meadows Lane, which connects to Three Mile Drive approximately one-fourth mile west of the intersection of Three Mile Drive and Stillwater Road, from County AG-80, Agricultural, and SAG-5, Suburban Agricultural, to City R-3, Single Family Residential, and WHEREAS, Bay Ridge Development, LLC, the owner of the real property zoned, is now defunct and the owners of the individual properties have petitioned the City of Kalispell to exclude that property which was zoned in Ordinance 1627 and is more particularly described on Exhibit "A". NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by removing the property described on Exhibit "A" from the Official Zoning Map upon exclusion from the City of Kalispell. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. 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 I ST DAY OF DECEMBER, 2008. Pamela B. Kennedy Mayor ATTEST. Theresa White City Cleric EXHIBIT "A" Tract 1 A Tract of land situated, lying and being in the Southwest 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southwest 1/4 of Section 2, Township 28 North, Range 22 West, principal Meridian, Flathead County, Montana, more particularly described as follows: Beginning at the Center -south 1/16 Corner of Section 2; thence South 89°46'55" West a distance of 323.94 feet to the thread of Spring Creek; thence along said creek the following courses: South 14'33'02" East a distance of 32.68 feet to a point; South 40043'56" East a distance of 29.29 feet to a point; South 87039'38" East a distance of 37.06 feet to a point; South 18°02'43" East a distance of 44.18 feet to a point; South 62'46'16" East a distance of 10.68 feet to a point; North 62°27'09" East a distance of 11.25 feet to a point; North 32°20'44" East a distance of 29.73 feet to a point; North 75°21'04" East a distance of 10.51 feet to a point; South 53°58'07" East a distance of 19.24 feet to a point; South 00°21'46" East a distance of 13.66 feet to a point; South 52°25'27" East a distance of 23.63 feet to a point; North 35°38'45" East a distance of 34.32 feet to a point; South 50°40'15" East a distance of 17.55 feet to a point; South 00°33'58" West a distance of 61.69 feet to a point; South 34'26'35" East a distance of 40.50 feet to a point; South 30°41'28" East a distance of 34.79 feet to a point; North 86°06'34" East a distance of 28.46 feet to a point; South 52°32'36" East a distance of 25.52 feet to a point; South 15°21'54" East a distance of 62.04 feet to a point; South 28°51'l6" West a distance of 25.85 feet to a point; North 82' 11'59" West a distance of 24.67 feet to a point; South 56°40'06" West a distance of 28.57 feet to a point; South 14°02'08" West a distance of 23.33 feet to a point; South 16° 19'38" West a distance of 43.24 feet to a point; South 62°49'00" West a distance of 17.65 feet to a point; South 19'47'20" West a distance of 19.43 feet to a point; South 44°4449" East a distance of 14.37 feet to a point; South 08°38'35" West a distance of 34.86 feet to a point; South 54°30'15" East a distance of 27.35 feet to a point; South 28°00'41" West a distance of 20.14 feet to a point; South 86°49'50" West a distance of 48.38 feet to a point; South 46°00'08" West a distance of 80.71 feet to a point; South 16°42'55" West a distance of 44.68 feet to a point; South 09°03'53" East a distance of 39.87 feet to a point; South 78°27'10" East a distance of 50.88 feet to a point; South 01°32'39" East a distance of 14.18 feet to a point; thence leaving said thread North 89°54'09" East a distance of 575.15 feet to a 5/8" rebar; thence North 01 °02'33" East a distance of 661.27 feet to a 5/8" rebar; thence South 89°4655" West a distance of 414.05 feet to the Point of Beginning. Shown as Parcel A of Certificate of Survey No. 17120, Tract 2 That portion of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the Northwest corner of the North 1/2 of the Southwest 1/4 of the Southeast 1/4; thence along the North line of the North 112 of the Southwest 1/4 of the Southeast 1/4 North 89°48'21" East 414.02 feet to the Point of Beginning; thence continuing along the North line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 North 89°48'21" East 732.27 feet; thence South 34009'48" West 370.78 feet to a point on a 100.00 foot radius curve concave Southwesterly having a radial bearing of North 33°55'04" East; thence Northwesterly along the curve thru a central angle of 32°51'29" 57.35 feet; thence North 88°56'26" West 475.33 feet; thence North 01 °03'34" East 278.57 feet to the Point of Beginning. Shown as Parcel B of Certificate of Survey No. 14672. Tract 3 That portion of the North 1/2 of the Southwest 1/4 of the Southeast 1/4, Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the Southwest corner of the North 1/2 of the Southwest 114 of the Southeast 1/4; thence along the South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 North 89°5 F28" East 406.74 feet to the Point of Beginning; thence continuing along the South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 North 891151'28" East 575.59 feet; thence North 01 °01'50" East 269.65 feet to a point on a 100.00 foot radius curve concave Southwesterly having a radial bearing of North 88°2546" West; thence Northwesterly & Westerly along the curve thru a central angle of 90°30'40" 157.97 feet; thence North 88°56'26" West 475.33 feet; thence South 01°03'34" West 382.62 feet to the Point of Beginning. Shown as Parcel C of Certificate of Survey No. 14672. Tract 4 That portion of the Southwest Quarter of Section 2, Township 28, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Beginning at the Southwest corner of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter of said Section 2, which point is also the Northeast corner of that parcel described in instrument recorded in Book 515, page 800, .records of Flathead County, Montana; thence along the east Line of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter North 00°43'00" East, a distance of 179.00 feet to a point; thence West, a distance of 326.13 feet to a point; thence South 01°10'40" West, a distance of 179.02 feet to the South line of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter; thence along the South line of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter, also being the North line and its Westerly projection of the aforesaid parcel, East, a distance of 327.57 feet to the Point of Beginning. Shown as Parcel A of Certificate of Survey No. 6127.