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Resolution 5108 - RESCIND RESOLUTION 5004 - North Pointe Professional SubdivisionRESOLUTION NO. 5108 A RESOLUTION TO RESCIND RESOLUTION NO, 5004 WHICH APPROVED THE FINAL PLAT FOR THE NORTH POINTE PROFESSIONAL SUBDIVISION DESCRIBED AS AN AMENDED PLAT OF LOT 2A OF THE AMENDED PLAT OF LOT 2 OF THE AMENDED PLAT OF THREE MILE DRIVE CORNER AND A PORTION OF LOT 20, BLOCK 1 OF NORTHWEST TRACTS LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 2.1 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, on February 23, 2005 the Tri-City Planning Department waived the preliminary plat requirements of the North Point Professional Subdivision, subject to five conditions; and WHEREAS, on April 1.8, 2005 the City Council approved the final plat for the subdivision; and WHEREAS, subsequent discussions with the landowner revealed that the waiver of the preliminary plat requirements was legally insufficient due to the creation of a remainder parcel that failed to comply with subdivision regulation, and WHEREAS, the final plat was not recorded to afford the landowner the opportunity to further consult with his professional advisors, upon which the landowner is now requesting that the City Council rescind its action approving the final plat so that be may proceed with a new preliminary plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. Resolution No. 5004 is hereby rescinded and the City Clerk is directed to prominently mark on the face of the North Pointe Professional Subdivision plat previously approved by Council as rescinded and to not file it with the Flathead County Clerk and Recorder. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF �, 2006. Pamela B. Mayor ATTEST: 'Tiferesa White City Clerk