Ordinance 1652 - Removes Zoning - Bay Ridge EstatesORDINANCE NO, 1652
AN ORDINANCE TO AMEND ORDINANCE 1627, WINCH AMENDED SECTION
27.02.010, OFFICIAL ZONING MAP, CITY OF RALISPELL ZONING ORDINANCE,
(ORDINANCE NO. 1464)9 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:
SEC'T'ION 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 1ST DAY OF DECEMBER, 2008.
amela B. Kenn6dy
ATTEST: Mayor
Theresa White
City Clerk
EXHIBIT t`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 14033'02" 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 1800243" East a distance of 44.18 feet to a point;
South 62046'16" East a distance of 10.68 feet to a point;
North 62027'09" East a distance of 11.25 feet to a point;
North 32020'44" East a distance of 29.73 feet to a point;
North 75021'04" 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 3503845" East a distance of 34.32 feet to a point;
South 50040'15" East a distance of 17.55 feet to a point;
South 0003358" West a distance of 61.69 feet to a point;
South 34026'35" 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 86006'34" 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 28051'16" 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 56040'06" 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 16019'38" 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°44'49" East a distance of 14.37 feet to a point;
South 08038'35" 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°0041" West a distance of 20.14 feet to a point;
South 86049'50" West a distance of 48.38 feet to a point;
South 46000'08" West a distance of 80.71 feet to a point;
South 16042'55" West a distance of 44.68 feet to a point;
South 09003'53" East a distance of 39.87 feet to a point;
South 78027'10" East a distance of 50.88 feet to a point;
South 01 °3239" 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 ❑1°02'33" East a distance of 661.27 feet to a 5/8" rebar; thence
South 89046'55s' Vilest 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
114; thence along the North line of the North 1/2 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 34°09'48" 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 88056'26" West 475.33 feet; thence North o 1 °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 1/4 of the Southeast 1I4;
thence along the South line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4
North 89051'28" 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 89°51'28" 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 01003'34" 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 Soo, 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.