G2. Cliff View Final PlatPLANNING FOR THE FUTURE
MONT"A
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
SUBJECT: Final Plat request for Cliff View Subdivision
MEETING DATE: July 16, 2018
Planning Department
201 1s' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
BACKGROUND: Our office has received an application for final plat approval from Larsen
Engineering and Surveying, on behalf of Skadi Properties, LLC, for a 3-lot single family residential
subdivision on a .615-acre tract of land. The subject property to be subdivided is located at the end of
Mile High Court. The description of the property is a tract of land in the NE4 of the NW4 of Section
10, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and is more specifically
described as Lot 7 of the amended plat of Lots 4 and 7 and Mile High Court of the Re -subdivision of
Lot 1 of the Minor Subdivision Plat Number 117.
The Kalispell City Council approved the preliminary plat with 13 conditions on May 6, 2013. All of the
conditions have been met or otherwise adequately addressed.
RECOMMENDATION: It is recommended that the City Council approve the final plat for Cliff
View Subdivision.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: July 9, 2018
Aimee Brunckhorst, Kalispell City Clerk
PLANNING FOR THE FUTURE
July 10, 2018
Doug Russell, City Manager
City of Kalispell
201 1st Ave E
Kalispell, MT 59901
145Cox,#1►W41
Re: Final Plat request for Cliff View Subdivision
Dear Doug:
Planning Department
201 1' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Our office has received an application for final plat approval from Larsen Engineering and Surveying,
Inc. on behalf of Scadi properties, LLC for Cliff View Subdivision, a 3 lot single family residential
development on .615 Acres of land. The subject property to be subdivided is located at the end of Mile
High Court. The description of the property is a tract of land in the NE4 of the NW4 of Section 10,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. It is more specifically
described as Lot 7 of the amended plat of Lots 4 and 7 and Mile High Court of the Re -subdivision of Lot
1 of the Minor Subdivision Plat Number 117.
The Kalispell City Council approved the preliminary plat with 13 conditions on May 6, 2013. All of the
conditions have been met or otherwise adequately addressed. The following report summarizes the
applicant's compliance with the conditions of approval contained within Resolution No. 5615.
COMPLIANCE WITH CONDITIONS OF APPROVAL
General Conditions:
That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
associated with the preliminary plat as approved by the city council.
Staff Response: This condition has been met. The submitted final plat is in substantial
compliance with the preliminary plat application documents.
2. The preliminary plat approval shall be valid for a period of three years from the date of approval.
Staff Response: This condition has been met. The submitted final plat is in compliance with the
applicable conditions of Resolution 5615 approved on May 6, 2013, and is still valid.
Prior to final plat:
3. An easement shall be granted to the city on the south side of the hammerhead turnaround on lot
3 for snow storage. The exact easement location shall be reviewed and approved by the Kalispell
Public Works department and shown on the final plat.
Staff Response: This condition has been met. An easement granted to the city is located on the
face of the plat.
4. The developer shall submit to the Kalispell Public Works Department for review and approval a
stormwater report and an engineered drainage plan that meets the requirements of the current city
standards for design and construction. Prior to final plat, a certification shall be submitted to the
public works department stating that the drainage plan for the subdivision has been installed as
designed and approved.
Staff Response: This condition has been met per letter dated August 1, 2013 from City Assistant
Engineer Rebekah Wargo and City Construction Manager Mark Crowley dated May 22, 2018.
5. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted to
Montana Department of Environmental Quality for the General Permit for Stormwater Discharge
Associated with Construction Activities.
Staff Response: This condition has been met per letter dated August 1, 2013 from City Assistant
Engineer Rebekah Wargo and City Construction Manager Mark Crowley dated May 22, 2018.
6. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for
unfinished work.
Staff Response: This condition has been met per letter dated May 22, 2018 from City
Construction Manager Mark Crowley.
7. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland
equal to 0.09 acres of land. The payment shall be based on the fair market value of undivided,
unimproved land. (Kalispell Subdivision Regulations, Section 3.11).
Staff Response: This condition has been met. The applicant has attached a cash in lieu of
parkland check in the amount of $3,600.
8. After completion of the water and sewer service line installation in Mile High Court the developer
shall repave that portion of the street impacted by the installations. The extent of repaving shall
be reviewed and approved by the Kalispell Public Works Department prior to the work being
completed.
Staff Response: This condition has been met per letter dated May 22, 2018 from City
Construction Manager Mark Crowley.
9. A note shall be placed on the face of the final plat prohibiting basements in future homes on the
three lots, and crawl space depths shall be determined by the engineer and will be submitted in
the stormwater design report.
Staff Response: This condition has been met per note on the face of the final plat.
10. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements
for city water and sewer shall be provided to allow for the logical extension of utilities from this
subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be
obtained stating that the required easements are being shown on the final plat.
Staff Response: This condition has been met per letter dated May 22, 2018 from City
Construction Manager Mark Crowley and so noted on the face of the final plat.
11. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the
right to the joint use of an easement for the construction, maintenance, repair, and removal of their
lines and other facilities, in, over, under, and across each area designated on this plat as "Utility
Easement" to have and to hold forever."
Developer's Signature
Staff Response: This condition has been met per note on the face of the final plat.
Onaoina conditions:
12. All utilities shall be installed underground.
Staff Response: This condition has been met. All utilities are constructed underground.
13. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
Staff Response: This condition has been met per site inspection of site on July 5, 2018.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City subdivision regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-3 PUD zoning on the property.
RECOMMWNDATION:
It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately
addressed. It is recommended that the Kalispell City Council approve the final plat for Cliff View
Subdivision. Please schedule this matter for the regular city council meeting on July 16, 2018.
Attachments: - Two mylars of final plat
- 11 x 17 copy of final plat and utility easements
- Application and applicant responses and final plat application dated 6/25/2018
- Old Republic National Title Insurance Company Title Guaranty Company Report
SG-8001738
- Montana Department of Environmental Quality municipal facilities exclusion letter
dated August 20, 2013
- Flathead County tax certification dated 9/26/2017 and updated 5/31/2018.
- Letter from Kalispell Public Works Department (engineering approval) from Rebecca
Wargo dated 8/1/2013
- Letter from Kalispell Public Works Department, Mark Crowley dated 5/22/2018
(utility easements) dated 4/30/2018
- Cash in lieu of Parklands in the amount of $3,600.
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: Larsen Engineering and Surveying
Attn: Ardis Larsen
P.O. Box 2071
Kalispell, MT 59903
LARSEN ENGINEERING & SURVEYING, INC., P.C.
1370 Airport Road
P.O. Box 2071
Kalispell, MT 59903-2071
June 25, 2018
City of Kalispell
Planning Department
201 15t Avenue East
Kalispell, MT 59901
Re: Cliff View Subdivision, Final Plat Submittal.
Dear Sir or Madam:
Tele (406) 752-7808
Fax (406) 257-4051
E-mail: jlarsen@montanasky.net
Attached with this letter is the Final Plat application and required attachments for
the above referenced project. Following is an item listing of how each condition of
approval was handled:
1. Attached letter from Mark Crowley Public Works.
2. Was granted Two Extensions.
3. Shown on the Final Plat.
4. Attached is letter from Rebekah Wargo Public Works for stormwater and
drainage plan.
5. Attached is letter from DEQ and Rebekah Wargo Public Works.
6. Attached is letter from Mark Crowley Public Works.
7. Attached is check for $3,600.00 for cash in lieu for parkland.
8. Repaving is done.
9. Notes on face plat.
10. Notes on face plat and attached letter from Mark Crowley Public Works.
11. Statement on face plat.
12.All utilities are in place underground.
13. All areas have been re -vegetated.
If you have any comments or questions, please call me at 752-7808.
Very truly yours,
Ardis M. Larsen
Punning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispeU.com/planninQ
FINAL PLAT APPLICATION
Project /Subdivision Name:
Contact Person:
Name: c Jew--G�iS
Address:,,D(� D__7
",[i_-Sl� I , rn 7^ ")
Phone No.:
Date of Preliminary Plat Approval:
Owner & Mailing Address:
Type of Subdivision: Residential X Industrial Commercial PUD Other
Total Number of Lots in Subdivision
Land in Project (acres) , LO!
Parkland (acres) Cash -in -Lieu $� Exempt
p
No. of Lots by Type:
Single Family
Townhouse _
Duplex
Apartment
Commercial
Industrial
Condominium
Multi -Family
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Other
Legal Description of the
ZA6�fv
FILING FEE ATTACHED $, lnD
Minor Subdivision with approved preliminary plat $400 + $125/lot
Major Subdivision with approved preliminary plat $800 + $125/lot
Subdivisions with Waiver of Preliminary Plat $800 + $125/lot
Subdivision Improvements Agreement $50
Zag
Attached Not Applicable (MUST CHECK ONE)
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification
(Property taxes must be paid)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
X Maintenance Agreement
Plats: 2 mylars 1 L 1X17 Copy
1 full size copy 1 Electronic Copy
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date
of the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The
governing body must act within 30 days of receipt of the revised preliminary plat application and
staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing
body for approval. Changes to the approved preliminary plat may necessitate reconsideration by
the planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application
and may invalidate any approval. The signing of this application signifies approval for Kalispell
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
Owner(s)Signature
Co•2;,,8
Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
S. A tie to either an existing subdivision corner or a corner of the public land survey system
E
Montana Department of
EMBONMENTL QUAJUITY Steve Bullock, Governor
Tracy Stone -Manning, Director
P. O. Sox 200901 • Helena, MT 59620-0901 • (406) 444-2544 Website: www.deq.mt.gov
August 20, 2013
Jeff Larsen PE
Larsen Engineering
PO Box 2071
Kalispell MT 59903
RE: Cliff View Subdivision
Municipal Facilities Exclusion
EQ# 14-1174
City of Kalispell
Flathead County
Dear Mr Larsen;
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA, this
subdivision is not subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 176-4-111 (3), MCAJ. Construction of water or sewer extensions prior to DEQ,
Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6
and Title 76, Chapter 4.
Sincerely,
Janet Skaarland
Compliance Specialist
Subdivision Section
(406) 444-1801 — email jskaarland@mt.gov
cc: City Engineer
County Sanitarian
file
Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division
Public Works Department
201 1" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831
www. kalisnell. eom
August 1, 2013
Jeff Larsen, PE, PLS
Larsen Engineering & Surveying, Inc., P.0
1370 Airport Road
P.O. Box 2071
Kalispeli, MT 599(13-2071
RE: Cliff View Subdivision
Dear Mr. Larsen:
The utility plan, drainage plan, and drainage report for Cliff View Subdivision are hereby
approved. Approval does not relieve you, nor the contractor from designing or
constructing this project in accordance with the standards currently in effect. If more
than 18 months lapse before completing construction, plans and specifications must be
resubmitted and approved before construction continues.
Please contact Mark Crowley at 249-2485 for a Right -of -Way permit and to set up a pre -
construction meeting prior to beginning construction. At project completion, please
provide the City with record drawings.
We look forward to working with you on this project.
Sincerely,
Rebekah Wargo, El
Assistant Civil Engineer
406-758-7859
05/31/201e 01:46 4067585519 PLAT ROOM PAGE 91/01
Plat Room
Flathead County, Montana
800 S. Main St,
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY : Larsen Surveying
FOR : Skadi Properties, LLC DATE: 9/26/2017
DESCP ; Cliff View PURPOSE: Plat
(L.7 of Amd L4 & 7 and Mile High Court
of Resub LI Minor Sub #117) 19-28-21 Lk-Ta-an i $,
YEARS ASSESSOR #
2D13 thru 2016 0505929
D i r.rn-Q.
i hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.
3IN 0 8 NIS Deputy a) asurer
Guarantee
SG-SG-8001738
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCWSION AND LIMITATION THAT NO GUARANTEE
IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT
TO THE VALIDITY, LEGAL EFFECTOR PRICRITY OF ANY MATTER SHOWN THEREIN.
Old Republic National Title Insurance Company, a Florida corporation, herein called the Company,
GUARANTEES
the Assured named in Schedule A, against actual monetary loss or damage not exceeding the liability amount of stated in Schedule A which the
Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
IN WITNESS WHEREOF, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its
duly authorized officers, the Guarantee to became valid when countersigned on Schedule A by an authorized officer or agent of the Company.
Issued by:
Authorized Signatory
ORT Form 37%
(aTA Guarantee {Rev. T94�
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A t;tock Comparry
4007 rcond Avf auf J'nuth, Mioncapo7is, Mhmf rota 5.5401
(612)371-1777
By President
Attest -WA secretary
GUARANTEE CONDITIONS AND STIPULATIONS
Definition of Terms.
The foliowing terms when used in the Guarantee mean:
a. the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the
Company.
b. "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law consti-
tute real property. The term "land" does not include any property beyond the lines of the area described or referred to in
Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes,
ways or waterways,
C. "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
d "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice
of matters relating to real property to purchasers for value and without knowledge,
e. "date": the effective date.
2. Exclusions from Coverage of this Guarantee.
The Company assumes no 1abilily for loss or damage by reason of the following:
(a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess-
ments on real property or by the public records.
(b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights,
claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records.
M Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule {A)(C)
or in Part 2 of this Guarantee, or title to streets, roads, avenues, alleys, lanes, ways or waterways in which such land abuts, or
the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein
unless such property, rights or easements are expressly and specifically set forth in said description.
(d) (1) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title, and as limited by
such assurances.
(2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are
created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured; or (c) which
do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and pur-
pose of assurances provided.
3. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case any knowledge shall come to an Assured hereunder of any claim of title or
interest which is adverse to the He to the estate or interest, as stated herein, and which might cause loss or damage for which the
Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company
shall terminate with regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify the
Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by such failure
and then only to the extent of the prejudice.
4. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the
nature of any allegation in such action or proceeding.
5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a
defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the
estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the
Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable here-
under, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights
under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the rights to select counsel of
its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable
for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured
in the defense of those causes of action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee,
the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the
right, in its sole discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the
Assured hereunder shall secure to the Company the right to prosecute or provide defense of any action or proceeding, and all
appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested
by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding,
securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company
may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the
Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obliga-
tions to the Assured under the Guarantee shall terminate.
6. Proof of Loss or Damage.
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company, a
proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within 90 days after the Assured shall
ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee
which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or dam-
age. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation
to such assured under the Guarantee shall terminate, In addition, the Assured may reasonably be required to submit to examination under
oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized representative of the company, all records, books, ledgers, checks, correspondence
and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized represen-
tative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided
to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is neces-
sary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that
claim.
Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result
in loss to the Assured within the coverage of this Guarantee, of to pay the full amount of this Guarantee or, if this Guarantee is
issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness
secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and
expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company
hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase the
indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security,
to the Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this
Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including
any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under
Paragraph 5, and the Guarantee shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this
Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by
the Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligations to the Assured under
this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options
under Paragraph 5.
8. Determination and Extent of Liability.
This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has
suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and
subject to the exclusions stated in Paragraph 2.
The liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(aj the amount of liability stated in Schedule A;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under
Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time
the loss or damage assured against by this Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as stated herein and the
value of the estate or interest
subject to the defect, lien of encumbrance assured against by this Guarantee,
9. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures
the any other matter assured
against by this Guarantee in a reasonably diligent manner by any method, including litigation and
the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that matter and shall riot
be liable for any loss or damage
caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall
have no liability for loss or dam-
age until there has been a final determination by a court of competent jurisdiction, and disposition
of all appeals therefrom,
adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily
assumed by the Assured in settling any
claim or suit without the prior written consent of the Company.
10. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses
pursuant to Paragraph 5 shall reduce
the amount of liability pro tanto.
11. Payment of Loss.
(a) No payment shall be made without producing this Guarantee for endorsement of the payment
unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction
shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with
these Conditions and Stipulations,
the loss or damage shall be payable within 30 days thereafter.
13. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation
shall vest in the Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had
against any person or property in respect to the claim had this Guarantee not been issued. If requested by the
Company, the insured claimant shall transfer to the Company all rights and remedies against any person or
property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue,
compromise or settle in the name of the Assured and to use the name of the Asured in any transaction or litigation
involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be
subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal,
interest, and costs of collection.
13. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to
the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include,
but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating
to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee
provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be
arbitrated at the option of either the Company or the Assured. All arbitrable matters when the Amount of
Liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the
Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys'
fees to a prevailing party. Judgment upon the award rendered by the Arbitrators) may be entered In any court
having jurisdiction thereof.
14, Liability Limited to this Guarantee; Guarantee Entire Contract
This Guarantee together with all endorsements, if any, attached hereto by the Company is the
entire Guarantee and contract between the Assured and the Company. In interpreting any
provision of this Guarantee, this Guarantee shall be construed as a whole.
Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim,
shall be restricted 10 thislGuarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed
hereon or attached hereto signed by either the President, a Vice President, the Secretary, an
Assistant Secretary, or validating officer or authorized signatory of the Company.
15. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to be furnished the
Company shall include the number of this Guarantee and shall be addressed to: Old Republic National Title
Insurance Company, 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111.
* OLD REPUBLIC
Subdivision Guarantee
SCHEDULE A
ORDER No. 372189 LIABILITY $10,000.00
FEE: $150.00 GUARANTEE No. SG-8001738
1. Name of Assured: Larsen Engineering & Surveying
2. Date of Guarantee: 191' day of April, 2018
The assurances referred to on the face page hereof are:
That, according to the Company's property records relative to the following described land
(but without examination of those Company records maintained and indexed by name):
A. Name of Proposed Subdivision Plat or Condominium Map:
Cliff View Subdivision
B. The public records purport that only the hereafter named parties appear to have an
interest affecting the land necessitating their execution of the named proposed plat or
map:
Skadi Properties, LLC, Montana Limited Liability Company
C. The estate or interest in the land hereonafter described or referred to covered by this
Guarantee is: FEE SIMPLE
D. The Land referred to in the Guarantee is situated in the State of MT, County of
Flathead and is described as follows:
Lot 7 of the Amended Plat of Lots 4 and 7 and Mile High Court of the Resubdivision
of Lot 1 of Minor Subdivision Plat Number 117, according to the official plat thereof
on file and of record in the office of the County Recorder of Flathead County,
Montana.
To be known as Cliff View Subdivision.
E. According to the public records, the following documents purport to affect the
described land:
1. County road rights -of -way not shown by the Public Records, including, but not limited to any
right of the Public and the County of Flathead to use and occupy those certain roads and trails
as depicted on County Surveyor's maps on file in the office of the County Surveyor of
Flathead County.
2. All minerals in or under said land including but not limited to metals, oil, gas, coal, stone and
mineral rights, mining rights and easement rights or other matters relating thereto, whether
expressed or implied.
3. Taxes, including any assessments collected therewith, for the year 2018 which are a lien not
yet due and payable.
4. General Taxes for the year 2017 a Lien, the first half is paid and the second half is now due
and payable.
Parcel No.: 75-0505929
In the original amount of. $1397.76
5. An easement for the purpose shown below and rights incidental thereto as set forth in a
document:
Granted To: Donald R. Peterson and Evelyn E. Peterson and Lester T. Truman
Purpose: grant a full and free right-of-way for all purposes over a strip on land
Recorded: November 1, 1950
Instrument No.: 5642
Book 317, Page 312
6. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions,
contained in a document
Purpose: full and free right-of-way for all purposes over a,strip of kind 14 feet in
width
Recorded: August 10, 1954
Instrument No.: 4343
Book: 320 Page: 413
7. An easement for the purpose shown below and rights incidental thereto as set forth in
document:
Granted To: The Montana Power Company
Purpose: Public Utilities
Recorded: February 2, 1966
Instrument No.: 813
Book 477 Page 455
An easement for the purpose shown below and rights incidental thereto as set forth in
document:
Granted To: Pacific Power & Light Company
Purpose: Public Utilities
Recorded: November 18, 1970
Instrument No.: 8426
Book 519 Page 509
9. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions,
contained in a document -
Purpose: Water Well Agreement and Grant of Interest in Water Well
Recorded: October 1, 1984
Instrument No.: 84-275-1535-0
10. Easements, reservations, restrictions notes and/or dedications as shown on Certificate of
Survey No. 7640 and on the Plat of Lone Pine View Estates.
11. Easements, reservations, restrictions, notes and/or dedications as shown on the official plat of
Minor Subdivision Plat Number 117.
12. An easement for the purpose shown below and rights incidental thereto as set forth in a
document:
Granted To: Reggie Lyman Lindsay
Purpose: roadway and utility casement
Recorded: July 25, 1995
Instrument No.: 95-206-1239-0
13. An easement for the purpose shown below and rights incidental thereto as set forth in a
document:
Granted To: Myke Dee Lindsay
Purpose: roadway and utility easement
Recorded: July 25, 1995
Instrument No.: 95-206-1240-0
14. An easement for the purpose shown below and rights incidental thereto as set forth in a
document:
Granted To: Vista Construction, Inc.
Purpose: roadway and utility easement
Recorded: July 25, 1995
Instrument No.: 95-206-1241-0
15. An easement for the purpose shown below and rights incidental thereto as set forth in a
document:
Granted To: The L.E. Lautaret Trust, et al
Purpose: roadway and utility easement
Recorded: July 25, 1995
Instrument No.: 95-206-1242-0
16. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions,
contained in a document
Purpose: Resolution No. 5157 for Annexation to the City of Kalispell
Recorded: December 18, 2006
Instrument No.: 2006-352-1547-0
17. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions,
contained in a document
Purpose: Petition to Annex and Notice of Withdrawal From Rural Fire
District
Recorded: December 18, 2006
Instrument No.: 2006-352-1548-0
18. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions,
contained in a document
Purpose: Ordinance No. 1599 to Amend the City of Kalispell Zoning Ordinance in
accordance with the Kalispell Growth Policy 2020
Recorded: April 10, 2009
Instrument No.: 2009-00009938
19. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions,
contained in a document
Purpose: Cahill Development Agreement
Recorded: January 10, 2011
Instrument No.: 2011-00000697
20. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions,
contained in a document
Purpose: Memorandum of Agreement and Security Agreement
Recorded: April 13, 2011
Instrument No.: 2011-00007696
21. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions,
contained in a document
Purpose: Subdivision Improvement Agreement
Recorded: April 13, 2011
Instrument No.: 2011-00007697
22. Easements, reservations, restrictions, notes and/or dedications as shown on the official plat of
The Resubdivision of Lot 1 of the Minor Subdivision Plat Number 117.
23. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate
of Subdivision Plat Approval, recorded with The Resubdivision of Lot I of the Minor
Subdivision Plat Number 117, of Official Records.
24. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions,
contained in a document
Purpose: Subdivision Improvement Agreement
Recorded: March 26, 2012
Instrument No.: 2012-00006453
25. Easements, reservations, notes and/or dedications as shown on the official plat of Amended
Plat of Lots 4 and 7 and Mile High Court of The Resubdivision of Lot 1 of Minor Subdivision
Plat Number 117.
26. An easement for the purpose shown below and rights incidental thereto as set forth in a
document:
Granted To: Skadi Properties, LLC
Purpose: 5' snow removal easement
Recorded: March 28, 2013
lnstrument No.: 201300007442
No guarantee is made regarding any liens, claims of liens, defects or encumbrances other than
those specifically provided for above, and, if information was requested by reference to a
street address, no guarantee is made that said land is the same as said address.
Countersigned,
Authorized icer or Agent
DRT Form 3797m
Subdivision Guarantee
9-28-21
"This plat is provi
the purpose of
locating the land, i;r
assumes no liability
any, with actu;
ALLIANCE
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assumes no liability for variations, if
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ALLIANCE TITLE
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Public Works Department
MONTA NA
2011'r Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 —Fax (406)758-7831
www. kalispell. coin
Jeff Larsen, PE
Larsen Engineering & Surveying, Inc.
P. O. Box 2071
Kalispell, MT 59901
May 22, 2018
Re: Cliff View Subdivision
Dear Jeff,
Our office is in receipt of your certification letter dated May 10, 2018 regarding required
infrastructure. We have also received the Record Drawings dated November 27, 2017. The
required easements have been shown on the final plat. We accept the improvements, drawings
and easements.
Thank you for your help in bringing this project to completion.
Professionally,
Mark Crowley
Construction Manager
CC: Jarod Nygren
Rr BRECKENRIDGE SURVEYING & MAPPING, PLLC
2302 US HIGHWAY 2 EAST, STE 6 AS-$ UlLT DRAWING
KAUSPELL, MT 59901
(406)752-3539 CLIFF VIEW SUBDIVISION
NE4 OF THE NW4 OF SECTION 19, T. 28 N., R. 21 W., PM., FLATHEAD COUNTY,
MONTANA
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* BRECKENRIDGE
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--LW WILLIAM P BRECKENRIDGE. PLS SCALE; P= 20'
■
RESOLUTION NO.5866
A RESOLUTION APPROVING A TWO-YEAR EXTENSION TO THE PRELINIINARY
PLAT OF CLIFF VIEW SUBDIVISION.
WHEREAS, the city council of the City of Kalispell granted preliminary plat approval for Cliff
View Subdivision on May 6, 2013; and
WHEREAS, the city council of the City of Kalispell granted a two-year extension of the
preliminary plat for Cliff View Subdivision on February 1, 2016; and
WHEREAS, Noah Bodman, on behalf of Skadi Properties, LLC, has requested an additional two-
year extension to the preliminary plat of Cliff View Subdivision due to economic
conditions; and
WHEREAS, Section 28.2.06.E.7.b of the Kalispell Subdivision Regulations states that if a final
plat has not been filed at the end of the additional two-year extension period, the
owner may appeal to the city council in writing for one final extension not to exceed
two years provided certain conditions are met; and
WHEREAS, Skadi Properties, LLC has met the certain conditions and it is in the best interests of
the city that the two-year extension be given.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the application of Skadi Properties, LLC for an additional two-year
extension of the preliminary plat of Cliff View Subdivision, Kalispell,
Flathead County, Montana is hereby approved.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 16TH DAY OF APRIL, 2018.
Mark 7ohns�
Mayor
ATTEST:
�l!,r
OAT:
Aimee Brunckhorst, CMC .0 `
City Clerk
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