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Staff Report/Final Plat Amended Plat Lot 24 NATURAL STREA.MBED PERMIT #FL-IOI-2oo5/Bowser Spring CreeklKalispell Bowser Creek Assoc ■aaaaarERaaaaaaaraaasaaaarraaaaaaaaYa■Marraaaa■aaaaa■a■saaaaaaaaaaaaaaasaaaaaaaaaaaaaa As reviewed by the Montana Department of Fish, Wildlife, and Parks, the above project pursuant to MONTANA SURFACE Water QUALITY STANDARDS SHORT-TERM TURBIDITY EXEMPTION ARM 16.20.633(3)(a) as it applied to TURBIDITY ONLY: This project may cause a significant increase in turbidity. The APPLICANT should immediately contact the Department of Health Environmental Sciences, Water Quality Bureau, A-206 Cogswell Bldg. (406-449-2406), Helena, MT 59620 to determine narrative conditions required to meet short-term water quality standards and protect aquatic biota. a a a a a a a araaaaaaaraaaaaaaaaaraaaaaaaaaaaaaaaraaaaaaaaaaaaaaaaaaaA0aaaaaaaaaaasaaaa2aara The FCD Board of Supervisors advises that the issuance of a 310 permit dares not relieve the parties involved from securing other necessary permits which may include (but not be limited to): 1. The Federal Endangered Species Act, contact U.S. Fish & Wildlife Service, Helena (406-449-5225); 2. The Flathead County Planning & Zoning Office's Floodplains Permit& Lakeshore Protection Act (406-751-8200); 3. The DNRC Trust Land Management Use License or Easement on 1�1'avigable Waters (406-751-2240 or Fax 406- 751-2288); 4. The U.S. Army Corp of Engineers' 404Permit, 10 West l5a' Street, Suite 2200, Helena, MT 59626 (406-441-1375). 5. Although water may be on or flow across your property, you may not have the right to use that water. Check your water right, and your neighbor's water right, by contacting DNRC/Water Resources, (406-752-2288). 6. A FERC (Federal Energy Regulatory Commission) pernift may be required for energy generation, contact. FERC, 888 1" Street N.E., Washington, D.C. 20426 (202-219-2750). For further information access the FERC web site at www.ferc.fed.us. For energy generation inter -connections contact: Flathead Electric Coop, 2510 Hwy 2 East, Kalispell, MT 59901 (406-751-4483). 7. A Wild & Scenic River permit for the North and Middle forks of the Flathead River contact U.S.F.S., FIathead National Forest, 1935 3rd Avenue East, Kalispell, MT (406-758-5200). 8. In addition., if you will be disturbing the vegetative cover on more than five acres, or more than one acre whieb is less than 100 feet from a stream, you will need to obtain a permit from the Mt: Dep4 ofEnvironmenatal Quality, Permitting and Compliance Division, Box 200901, Helena, MT 59620-0901, (406-444-4323). �. Streanaide Management Zone Law, Department of Natural Resources and Conservation, State Land Management Office, 2250 Hwy 93 North, Kalispell, MT 59901 406-751-2240, must be notified by the landowner or operator prior to beginning any forest practices that will access, harvest, or regenerate trees on a defined land area for commercial purposes on private, state, or federal lands. NATURAL STRE"BED PERMIT #Fi-101-2005fBowserSpring Creek&allspellBowser Creek Assoc The permittee is hereby notified that any financial outlay or work invested in a project, pursuant to this authorization, is at the permittee's risk. The issuance of this authorization does not reduce the permittee's liability for damage caused by development of the authorized project. Nor does the Flathead Conservation District in issuing this authorization in any way acknowledge liability for damage caused by the permittee's development of the authorized project. Please call the Flathead Conservation District at 406-752-4220 if you have questions. Daniel C. Bangem Supervisor Eric.: 3 cc: Fisheries, Montana Fish, Wildlife and Parks, Kalispell ( 'his form must be filled out and returned.} TO: Flathead Conservation District FROM: Phone # RE: Landowner: Applicant: 30 Lower Valley Road Kalispell, MT 59901 Phone (406) 752-4220 & Fax (406) 752-4077 E Mail fcd0digisysnet 121 SPO,- 5�/-AkVr, `- zso L,415) z 24 z7-s0 RECEIVED + • y 1 1 ,;, F?2.A .A--,Sco , 64 -7 `! -5-- N1,4TURAL STREAMBED PERWT #FL-1012005/Bowser Spring C3radbW rfvell Bowser CreekAssoc Legal Description: S11, T28, R22 Kalispell Bowser Creek Associates 121 Spear Mreet, ,Suite 250 San p'rancrsco, CA 94105 Thomas, Dean & Hoskins, .Ina 31 nFeeMW Drim, Smite.101 Kalispell MT S9901 Project: stream crossing, road construction & maialvianre, utilities Date work was completed: fie. Z&L'>� Comments: We enco fr°ltoreyitolos of*yilill` comer eled proleci for 4/2003 NATURAL STREAMBED do LAND PRESERVATION ACT FOLLOW-UP INSPECTION RE: NAMRA1. STREAMBED PERMIT NFL-101-2005/Spring CrtekXalispeif Bowser Creek Assoc Legal Description: S31, T28, R22 Landowner: Kalispell Bowser CreekAssociates 121 Spear Stied, Suite 250 Sari Francisco, CA 94105 Applicant: W&H 31 Three Mile Drive, Suite 101 a7(N 6 Afterfallow-up fncpcction lc made, complete teems below, sign A date at bottom aced rMow fom to F`CD o 1. Date offollow-up inspection://,0*Time�Aa :FwMectingiocaticn: - I COMMENTS: 3. Please attach, any photos taken. 4. Please attach any cop' of maps, or other documents itappliesble, 1 SIGNATURE ; TITLE: �y DATE, d � Rrsr,rd+a— FL4THEAD CONSRRVATIONDISTRICT,133 INTERSTATE LONE, XALISPELL, MT S9901 PHONE: (406) 752-4220 FAX: (406) 7524077 For t'}#I'ice Use: Fallow -up Inspection form sent to: Dan Bangersapr Date 4/11/2008,,,, Initials GX 6 80H 91 UV OU) Nodi 29 EKISTING GROUND AT CENTER OF PIPE 298( 10+00 SCALE: H:1 "-30' V:1 " =3' BOWSER CREEK SUBDIVISION IMPROVEMENTS KALISPELL, MONTANA SPRING CREEK CROSSING DETAIL 2990 m 11+00- JAN 13 2006 f 1 ■wwwnr: ms I v"m 111710. --- WDS M5-074-00t MEWsl DMRP R D PED em sm Ran RsaDM,®. M PLAT OF R1. DR.ASPEN CREEK SUBDIVISION- PHASE 2 LOCATED N THE NOMEAST QUARTER OF TM NORTFEAST QUARTER OF SECTION n TOWWW W NORTH, RANGE M WEST, PAVA, FLATMM COUNTY. MONTANA. TRACT 1 C.D.S. 16858 n ° HOMEOWNERS \ PARKS ND.3 _ =T B1B� \y BSA 8j k 64A �a B4B R 68A x,— aD Ac.lo.tss 6 Ig 65B —` z ® § a61 t A s C °898 _i . q z e Be B j' 0. � s.r.R � ,. � 4-sue,.-- , � ;.- °�;✓ �„` ;��e -- _ - vp _E T _ 58� 51 ]e C 72 71 70 .te >` x %ry f B9 t $� O 2.tO .�-"=.t]oOAC. ?$.t ."4 tBe >- 87K .tOC. � m 7 � lO. rao° sw aw 'tet 1 ? z 3 74 75 p $ 76 2 ails m I517AC. s�.1Ac. � _ ft a .tOL. au J .2 e4Ac. � s, IN 12vOp 1 o Lserw�szw �oz.°e�-, I O .__,t.n�___ __,�.zi�___ _a�.zi�___ __.�.z��___ __]I.zl�__ ---- z g 00 T R I P L E s C R E E K > O 47 SAca 1v .Is e^e 524 4e m. 53 SMO51 8 1O48 C9 8- 48� 46 ' �W .]68 A . �Os.O.¢1O e tla1]525 AL. .1 A. 1 2 A 552 AG 9 O50 � r ".".' °Yuc' — ses•w ssw ]s t.]s ��. ��.ccEss m.P � � LOT ss LOT32 T W O WEST VIEW DRIVE M I L E T R A C T S P H A'. E 2 N BABE OF EEARNOB C.O.B. NO MN NOIS LOT ACREADB N1DxN NE rfr AFEAB wR anoes AFEA8166i A TARE IX18iB•T P LEGEND MD. 8/8' R— N/ESP —RE. MMIRED '9525 IS', OR AS N01ED o wARD. ', RESAR W— ED"ODx. 2— S" ° sw�xuEos..ssze /cAv —ROUSE ACCESS & UNLT' EASEMENT 41T EABEMEuryt - 5' L—. AND PARALLEL TO PRO E, N 65 OMEfivISf lOOED t' COM -D ACCESS STRIv MID PROPERTY LINE s1REEr AnDRcss SHEET 1 OF 2 1 91 THRB mT. D1 9UIT3 YIDI Pxoxe Iwe7 ]b5u' m�.Tie 5 0l a:fi� Ux dM � wra4eua�x r wnw amnb tM rdaaaq m rdam, cam a �H�iwmm Xa, ee:oa9 ?Xmreapane:eny lae�miee m PLAT OP ASPEN CREEK SUBDMSION- PHASE 2 LOCATED N THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 115 TOWNSHIP 28 NORTK RANGE 22 WEST, P.M M, FLATHEAD COUNTY, MONTANA. MAhrER OF PRMEST NET/GROSS AREA TABLE Xe a —1 o.w q u. cN m�rxmnll m m»A'are..�m eadee q ONd�4X/u:H)'�w'ma NM.e�w car NWe viceenee�r.rmm�vaa mn In m a rc� uw orr�wuen ei eerspxee o�bor� edi �titeei enx �ebq ua M'ue ewwlr a seX e. al nmvpewl Muen rw—me.en a Ue' M �H lelimn n�M pd d Me:r c.mx s:an.:alee- sw.:. DIMENSIONS FOR TOWNHOUSE ACCESS + UTILITY EASEMENTS 62A 82B r r. r-- s 89A A 44 818� � u' I. ur . m�w 5 ,. � � r I , 5 61A V;l ; 47 45 r mrww 48 � BO 48 caged ro�wenlwy nae. ouernm�ro 5� x] ]0.695[3%a�l. S.It w mt wT+�u,�. Nxns wba vxp wex��v.rd.s .��.rieeiy'm wee ue rqm me ileep.:W x la GeyaW a xh tl a� pptii. M: me an Nee:wswa o mxH ra me scan ar __ __ � _ permo ye wreo::6] «nw ::wrnl0 Igare) wwneaa a we Imrwnw6 PHA9E 2 AfEA TOTALS IAT9 '].288 AC. SOAD9 9.986 AC. PARK ARBA9 I.BSB AC. RECREATIOXAL AREA 0.000 AC. eizliA u xe aq rcmmq «mrv�o ro x q CERTIFICATE OF SURVEYOR SHEET 2 OF 2 City of Kalispell Planning & Building Department 201 1"Ave East, Kalispell, Montana 59901 Planning Telephone: (406) 758-7940 Building Telephone: (406) 758-7730 Fax: (406) 758-7739 Website: www.kalispell.com REPORT TO: Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner 11 James H. Patrick, City Manager SUBJECT Final Plat for the Amended Plat of Lot 2 of Western Acres MEETING DATE: April 21, 2008 BACKGROUND: This is a request for final plat approval for a three -lot subdivision of Lot 2 in Western Acres which is located on the west side of 7th Avenue West south of 11 Street West. The address for the property owned by Brett and Terry Kelly is 1308 7h Avenue West in Kalispell and can be legally described as Lot 2 of the Western Acres subdivision located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The preliminary plat process was waived for this subdivision on November 5, 2007 due to the minor nature of the project with 13 conditions of approval. To date, the mobile home and garage have been removed from the property and a Subdivision Improvements Agreement (SIA) has been submitted to cover the costs of installing a sidewalk and seeding and planting trees within the boulevard along 7h Avenue West. The work is to be completed by June 1, 2009 and two cashier's check in the amount of $3,119.00 were provided for 125 percent of these improvements. All of the conditions have been adequately met or otherwise addressed. RECOMMENDATION: A motion to approve the final plat for Lot 2 of Western Acres and to accept the Subdivision Improvements Agreement would be in order. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, C Nicole C. Johnso James H. Patrick Planner II City Manager Report compiled: April 16, 2008 Attachments: Letter of transmittal Final plat application and supporting documents RESOLUTION NO.5276 A RESOLUTION APPROVING THE FINAL PLAT OF THE AMENDED PLAT OF LOT 2 OF WESTERN ACRES, LOCATED IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Brett and Terry Kelly, the owner of certain real property described above, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on November 5, 2007, by the Kalispell Planning Department according to Section 2.06 of the Kalispell Subdivision Regulations subject to 13 conditions, all of which have been met, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report (KWP-08-1) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell. Planning Department Report #KWP-08-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Brett and Terry Kelly for final plat approval of the Amended Plat of Lot 2 of Western Acres in Section 1.8, Flathead County, Montana, is hereby approved. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Cleric and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 21 ST DAY OF APRIL, 2008. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of April 2008 by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Kellco LLC , (Name of Developer) a Limited Liability Corporation (Individual, Company or Corporation) located at 1045 South. Main St., Kalispell, MT 59901 , (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Amended Plat of Lot 2 of Western Acres (Name of Subdivision) located at 1309 7t' Ave West, Kalispell. MT 59901 (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Amended Plat of Lot 2 of Western_ Acres _ upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"• and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B'; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $2,200._. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 3,120 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 3 120 the estimated cost of completing the required improvements in Amended Plat of Lot 2 of Western Acres (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without farther action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by June of 2009 or before. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; . d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. ,Amended Plat of Lot 2 of Western Acres (Name of Subdivision/Developer/Firm) by Kellco_ LLC (Title) STATE OF MONTANA COUNTY OF On this day of _ , 20 , before me, a Notary Public for the State of Montana, personally appeared known to me to be the of , whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Notary Public for the State of Montana Printed Name Residing at My Commission Expires MAYOR, CITY OF KALISPELL MAYOR ATTEST. CITY CLERK EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLL•TION CONSTRUCTION COMPLETE hN PROVEMENITS DATE COSTS Street Grading/Paving Street Base Sidewalks X 6/1/09 $1740. 0% Curbs and Gutters Sanitary Sewers Mains Other ( ) On -Site Sewage Facilities Water Systems Mains Other ( ) On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping/Boulevard trees X 6/l/09 $755. 0% Other ( ) SUBTOTAL $2,495 FEES TOTALS COSTS 2,495 TOTAL COLLATERAL (TOTALS COSTS X 125%) $3,119y IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City detennines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. _Amended Plat of Lot 2 of Western Acres (Name of Subdivision/Developer/Firm) by _Kellco, LLC (Title) STATE OF MONTANA COUNTY OF On this ,��' day of 20_, before me, a Notary Public for the at of Montana, personally appeared re kw liyfknown to me to be the __60k ,;"e be r of 'fie l k w L , whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have this day and year first above writter. Notary,Public for the State of Print d Name Residing My Commis 'on Exp re MAYOR, CITY OF KALISPELL MAYOR and affixed any Notarial Seal �� Q,=-.. .. `........... v: a stxL Ihw• . !1flIEEi:ifill ATTEST: CITY CLERK City of Kalispell Planning & Building Department 201 1"Avenue East, Kalispell, Montana 59901 Planning; Telephone: (406) 758-7940 Building Telephone (406) 758-7730 Fax: (406) 751-1858 Website: www.kalispell.com MEMORANDUM To: Deb Deist, City Treasurer From: Michelle Anderson, Planning Office Date: April 7, 2008 Subject: Amd Plat Lot 2 Western Acres — Sidewalk & Boulevard Improvements SIA Attached is a check in the amount of$2750.00 for the Sidewalk and Boulevard Subdivision Improvement Agreement for the Amended Plat of Lot 2, Western Acres Final Plat. If you have any questions contact our planner Nicole Johnson. THIS DOCUMENT HAS AN ARTIFICIAL WATERMARK PRTNTED ON THE BACK, THE FRONT OF THE DOCUMENT HAS A DIICRO•FRINT SIGNATURE L[h'E. ASSENCE OF THESE FEATURES WILL INDICATE A COPY. ��,y First 406)255-00Bank 5055348756 1"ll�i {406j 255.5000 401 N. 31st St. P.O. Box 30RIS °0 Billings, Montana 59116 22-16761960 Bank AGENT FOR MONEYGRAM DATE4-3-2008 REMITTER Terry and Jean Kelly PAY $ 275 TO THE Cf.E]f1 ORDER OF***City of Kalispell*** CIS OFFICIAL CHECK DRAWER: FIRST INTERSTATE BANK DRAWER: MONEYGRAM PAYMENT SYSTEMS, INC. ` P.O. BOX 9476, MINNEAPOLIS, MN 55480 DRAWEE: US BANK, ST. PAUL, MN _ _ /4\ , T IIP �:09601.6?6511.00soS 5348?56Sill, J City of Kalispell Planning & Building Department 201 1"Avenue East, Kalispell, Montana 59901 Planning Telephone: (406) 758-7940 Building Telephone (406) 758-7730 Fax: (406) 751-1858 Website: www.kalispell.com MEMORANDUM To: Deb Deist, City Treasurer Cc: Theresa White, City Clerk From: Michelle Anderson, Planning Office Date: April 10, 2008 Subject: Amd Plat Lot 2 Western Acres — Sidewalk & Boulevard Improvements SIA Attached is an additional check in the amount of $370.00 for the Sidewalk and Boulevard Subdivision Improvement Agreement for the Amended Plat of Lot 2, Western Acres Final Plat. Therefore you should have 2 checks, one in the amount of $2750.00 and the other in the amount of $370.00 for this plat. If you have any questions contact our planner Nicole Johnson. THIS DOCUMENT HAS AN ARTIFICIAL WATERMARK PRINTED ON THE BACK, THE FRONT OPTHE DOCUMENT HAS A MICRO•PRINT s]GrgATUR2 LINE. ABSENCE OP THESE FEATURES WILL INDICATE A COPY. ��,, ft (FirstF.J.406 Interstate Bank 5 0 5 5 3 4 8 7 3 2 rT� i40fi) 255-5000 l� 401 N. 31 st St. P.O. Box 30918 Billings, Montana 59116 22.16761960 Bank AGENT FOR MONEYGRAM p I- ] f t_I ,01321 JEAN KELLY DATE REMITTER PAY.4a TOTHE 1v1T,V OF Kli'I'LISPE.L.L. ORDER OF PAY a as I 0 OFFICIAL CHECK IRSTINTERSTAT K 5`�...e..,r DRAWER: MONEYGRAM PAYMENT SYSTEMS, INC. P.O. BOX 9476, MINNEAPOLIS, MN 66460 DRAWEE: US SANK, ST, PAUL, MN AV 1:0gr3oL6765E:0o505 53467323113 City of Kalispell Planning & Building Department 201 1" Ave East, Kalispell, Montana 59901 Planning Telephone: (406) 758-7940 Building Telephone: (406) 758-7730 Fax: (406) 758-7739 Website: www.kalispell.com April 16, 2008 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Final Plat for Amended Plat Lot 2 of Western Acres Dear Jim: This is a request for final plat approval for a three -lot subdivision of Lot 2 in Western Acres which is located on the west side of 7th Avenue West south of 11 Street West. The address for the property owned by Brett and Terry Kelly is 1308 7th Avenue West in Kalispell and can be legally described as Lot 2 of the Western Acres subdivision located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The preliminary plat process was waived for this subdivision on November 5, 2007 due to the minor nature of the project with 13 conditions of approval. To date, the mobile home and garage have been removed from the property and a Subdivision Improvements Agreement (SIA) has been submitted to cover the costs of installing a sidewalk and seeding and planting trees within the boulevard along 7th Avenue West. The work is to be completed by June 1, 2009 and two cashier's checks equaling $3,119.00 were provided for 125 percent of these improvements. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition 1. That the final plat is in substantial compliance with the preliminary plat that was waived. • This condition is met. The final plat is in substantial compliance with the preliminary plat that was waived on November 5, 2007. Condition 2. Demonstrate that the existing buildings on the property that are to be retained comply with the setback requirements of the R-4 zoning district. Buildings not intended to be retained shall be removed prior to final plat. • This condition is met. The existing buildings have been removed from the subject property. An invoice from Nelson Brothers Construction dated March 1, 2008 includes the removal of the two buildings and landfill costs. Subsequent site inspection by staff confirmed this. Condition 3. Prior to final plat, the right-of-way along 7th Avenue West shall be improved to city standards or adequately bonded for and shall include a landscaped boulevard and sidewalk. The plan for improvements shall be reviewed and approved by the Public Works Department and installed prior to final plat. • This condition is met. A SIA is included in the application to cover the cost of the sidewalk and boulevard improvements along with two cashier's check in the amount of $3,119.00 (125 % of the bonding requirement) Sandon Construction provided the estimate (3/25/08) and both the Public Works Department and Parks and Recreation Department concur with the costs. Condition 4. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." • This condition is met. The note appears on the face of the final plat. Condition 5. Ten feet of right-of-way that includes the existing 5.5 foot pedestrian easement shall be dedicated to the City of Kalispell along the west side of the 7th Avenue West right-of-way and shall be shown on the face of the final plat. • This condition is met. The additional right-of-way has been included on the final plat for dedication to the City of Kalispell. Condition 6. A 10-foot public access easement shall be located along the southern edge of Lot 2 from 7th Avenue West to the western most edge of the property to provide access to city park land immediately adjacent to the property to the west. The five foot side setback required in the R-4 zoning district shall be measured from the northern boundary of the public pedestrian easement. The easement shall be dedicated to the City of Kalispell and shown on the face of the final plat. Note: The Parks and Recreation Department will provide signage indicating the pedestrian access. • This condition is met. The 10-foot public access easement is shown on the final plat for dedication to the City of Kalispell. Condition 7. A municipal facilities exemption shall be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer are available and will be provided to all lots. Existing and new utility easements shall be shown on the final plat. This condition is met. The municipal facilities exemption from the Montana Department of Environmental Quality dated February 1, 2008 along with a letter from the Kalispell Public Works Department dated January 4, 2008 stating that water and sewer services are available and will be provided to all lots was submitted with the application. There are no new easements and the existing easements are shown on the final plat. 2 Condition 8. Septic tanks shall be abandoned/removed per Flathead City -County Health Department guidelines prior to final plat. This condition is met. The septic tank that was previously located on the property was removed by Nelson Brothers Construction and taken to the County landfill. A copy of the invoice dated March 1, 2008 was included in the application. On-goinZ conditions Condition 9. The access design for the lots shall meet the provisions outlined in Chapter 5 of the International Fire Code regarding fire service features and the design shall be reviewed and approved by the Kalispell Fire Department. Prior to combustible construction, all-weather driving surfaces, water supply infrastructure, hydrants and street signs need to be in place." + This condition is met. At the time the lots are developed, the property owners will coordinate all applicable requirements for fire protection for review and approval by the Kalispell Fire Department. A note has been placed on the final plat to that effect. Condition 10. If Lot 3 of Western Acres to the south is proposed to be further subdivided via the use of a flag lot, the owners of Lot 2 and Lot 3 shall enter into a shared common access agreement. The access shall include a single paved driving surface 20 feet in width. Ten feet shall be located on the southern, most portion of Lot 2 and 10 feet shall be located on the northern most portion of Lot 3. • This condition is met. A note has been placed on the final plat that required the owners of Lots 2 and 3 to enter into a shared common access agreement with an access that would be developed to the above referenced standards. Condition 11. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. • The developer of each lot would have to comply with the city's storm water, erosion control and dust abatement programs prior to ground disturbing activities. Condition 12. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. • This condition has been met. A note has been placed on the final plat that requires any disturbed areas be revegetated with a weed free mix immediately after development. 3 Condition 13. This waiver of preliminary plat approval is valid for three years and will expire on November 5, 2010. The final plat for this subdivision has been submitted to the Kalispell Planning Department prior to the expiration of the preliminary plat waiver which expires on November 5, 2010. COMPLIANCE WITH APPROVED PRELINIINARY PLAT The final plat is in substantial compliance with the preliminary plat which was waived on November 5, 2007. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. All taxes are current and the title report indicates that Kellco, LLC have record title interest of the property. There are no liens or encumbrances on the property. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning designation. I zi Diors) T, IJ) I D)� i 7,�t�fT►` All of the conditions of the preliminary plat waiver have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Note that the SIA should be accepted along with the final plat approval. Please schedule this matter for the April 21, 2008 city council agenda if possible. You may call me at 758-7940 if I can be of assistance to you regarding this matter. Sincerely, Nicole C. John' on Planner II Attachments: 2 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 blueline of final plat 11 x 17" copy of plat Final plat application dated 4/3/08 Letter from Marquardt & Marquardt Surveying dated 4/3/08 Letter from MDEQ dated 2/ 1 / 08 Letter from Public Works dated 1/4/08 Nelson Brothers Construction Invoice dated 3/ 1 / 08 Sandon Construction Co., Inc. Invoice dated 3/25/08 Subdivision Improvement Agreement dated 4/3/08 4 Cashier's check For $2,750 dated 4/3/08 and Cashier's check for $370 dated 4/ 10/08 Title Report # 251777-FT Treasurer's certification dated 2/26/08 c: Kellco, LLC 1045 South Main Street Kalispell, Montana 59901 Narda Wilson, A1CP P.O. Box 1767 Whitefish, MT 59937 Theresa White, Kalispell City Clerk 5 FINAL PLAT FOR THE AMENDED PLAT OF LOT 2 OF WESTERN ACRES KALISPELL PLANNING DEPARTMENT STAFF REPORT KWP-08-01 REVIEW AND FINDINGS OF FACT APRIL 16, 2008 This is a report to the Kalispell City Council detailing findings of fact for a three lot residential subdivision. Preliminary plat approval for this minor subdivision was waived on November 5, 2007 with 13 conditions of approval. BACKGROUND: This is a residential subdivision that creates three lots. The proposed lots are located in a residential neighborhood with existing water and sewer services available. A. Applicant: Kellco, LLC 1045 South Main Street Kalispell, Montana 59901 (406) 261-0152 Technical Assistance: Narda Wilson 184 Midway Drive Columbia Falls, Montana 59912 (406) 892-4898 B. Location and Size: The property is located at 1308 7th Avenue West in Kalispell. The lot is approximately one-half of an acre in size and the home and garage have been removed from the property. The proposed subdivision would divide the one lot into three using a flag lot configuration for the larger rear lot intended for a single family home or duplex unit. Two smaller sublots are planned to front along 7th Avenue West and will be used for duplex type development. The property can be legally described as Lot 2 of the Western Acres subdivision located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Total area: 0.46 acre Flag lot: 10,974 square feet Sublot 1: 4,476 square feet Sublot 2: 4,476 square feet C. Existing and Adjacent Land Uses: The mobile home and garage have been removed from the subject property in preparation for development of the lot. The surrounding area is made up of single family residences and duplexes. D. Zoning: The property is zoned R-4, Two Family Residential. This zoning district has a minimum lot width requirement of 50 feet and a minimum lot size requirement of 6,000 square feet. The flag lot meets this requirement but, the two smaller lots do not meet this minimum lot size or lot width. However, 1 the proposed lots are considered sublots. Further discussion on how the proposed sublots meet the zoning district requirement can be found under Findings of Fact, Section G, of this staff report. E. Relation to Growth Policy: The property is designated as Urban Residential in the Kalispell Growth Policy Future Land Use Map. The existing R-4 zoning is consistent with this land use designation. F. Utilities: Water and Sewer: Electricity: Telephone: Gas: School: Police: Fire Protection: City of Kalispell Flathead Electric Coop CenturyTel Northwest Energy School District #5, Kalispell City of Kalispell City of Kalispell REVIEW AND FINDINGS OF FACT This application has been reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: The area is anticipated to be at low risk from wildfire due to the urban location and adequate access to the site. There is an existing fire hydrant located on 7th Avenue West within the road right-of-way. There are no other apparent health or safety hazards near the subdivision.. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not located in known big game habitat and the property is not considered suitable habitat for other significant wildlife. Local and migratory bird species and small mammals common to the area will not be affected by this action. C. Effects on the Natural Environment: The site exists in an established residential area of Kalispell. The site is level and is not in or near a designated 100-year floodpiain nor is it subject to slope failure, subsidence or severe erosion. The subdivision will be served by City of Kalispell water and sewer minimizing impacts to groundwater. Impacts to the natural environment are not expected to occur as a result of this subdivision. D. Effects on Local Services: Sewer and Water: The City of Kalispell will provide water and sewer service to the property. There are existing water and sewer mains directly accessible to the proposed lots within the 7th Avenue West right-of-way. 2 Access and Roads: Access to the property will be provided along 7h Avenue West. This road exists within a 40-foot right-of-way and is considered an urban collector street. Seventh Avenue West is paved and includes curb and gutter, but is considered substandard along this section of 7+h Avenue West. One condition of approval requires the owner to dedicate an additional 10 feet to the City of Kalispell for future widening of the road and to accommodate a landscape boulevard and sidewalk. Although the impacts to roadways in the area will be minimal with the addition of two single family homes, the Planning Department is requiring the property owners to waive their right to protest the creation of a special improvement district for future upgrades to 7th Avenue West. Sidewalks: The property does not currently contain sidewalks. Pursuant to Chapter 3 of the subdivision regulations, the owner is required to improve the right-of-way to city standards which would include a sidewalk, seeding and boulevard trees. The applicant has bonded for these improvements. The sidewalk would provide the start to a pedestrian path system in an area that is becoming more densely populated. The lot to the south is expected to develop in much the same way and together would provide access to Western Acres Park — a city owned park. Schools: This property is within the boundaries of School District #S, Kalispell. This subdivision is residential in nature and will have limited impacts on the enrollment of the school district. One to two school aged children may result from the addition of two single family homes. Parks: Western Acres Park exists immediately west of the property and access will be provided from 7th Avenue West by way of an easement on lots 2 and 3 of Western Acres. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Solid waste pick-up is currently provided by the City of Kalispell. No significant increased impacts are anticipated as a result of the proposed expansion. Medical Services: Emergency medical service is provided by the Kalispell Regional Medical Center; ambulance and life flight services are also available. E. Effects on Agriculture: This subdivision is in the urban area of Kalispell and the area has been developed to an urban density. This property has not been 3 used for agricultural purposes in the past and future residential development will have no effect on agricultural activities in the Valley. F. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.08 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there are no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental wildlife and wildlife habitat and the public health and safety. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. G. Compliance with the Kalispell Zoning Ordinance: The property is zoned R- 4, Two Family Residential. This zoning district has a minimum lot width requirement of 50 feet and a minimum lot size requirement of 6,000 square feet. Two of the proposed lots do not meet the minimum lot size or lot width under the R-4 zoning district. However, the two lots fronting 7th Avenue West are considered sublots which are defined as a portion of a platted lot designated for separate ownership from other portions of the lot and used for townhouse or other construction that has separate ownership of parcels. Section 27.22.130 of the Kalispell Zoning Ordinance requires sublots to be within a recorded subdivision lot whose area is at least 6,000 square feet; the sublot must be 2,000 square feet or greater in size. The proposed sublots meet these requirements. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-08-01 as findings of fact for the proposed subdivision and approve the final plat. NCJ 2 Narda A. Wilson, AICP Land Use Planning and Consulting April 3, 3008 Nicole Johnson, Planner II City of Kalispell Planning Department 201 First Avenue East Kalispell, MT 59901 184 Midway Drive Columbia Falls, MT 59912 (406) 892-4898 wilsonsbigsky@centurytel.net RE: Final Plat for the Amended Plat of Lot 2 of Western Acres Dear Nicole: Attached is an application for the final plat of the Amended Plat of Lot 2 of Western Acres. The preliminary plat for this three lot subdivision was waived on November 5, 2007. Along with the final plat application are the supporting documents and copies of the final plat for your review and for city council approval. The following is a list of conditions associated with the preliminary plat waiver and how they have been met or otherwise adequately addressed: 1. That the final plat is in substantial compliance with the preliminary plat that was waived. • The final plat is in substantial compliance with the preliminary plat that was waived with regard to lot size, design, dimensions and all other aspects. 2. Demonstrate that the existing buildings on the property that are to be retained comply with the setback requirements of the R-4 zoning district. Buildings not intended to be retained shall be removed prior to final plat. • None of the buildings that previously existed on the site will be retained and all of the buildings that previously existed on the site have been removed. See the attached invoice from Nelson Brothers Construction dated 3/l/08 which includes the cost of removal of the buildings and associated landfill fees. 3. Prior to final plat, the right-of-way along 7`s Avenue West shall be improved to city standards or adequately bonded for and shall include a landscaped boulevard and sidewalk. The plan for improvements shall be reviewed and approved by the Public Works Department and installed prior to final plat. • A subdivision improvements agreement has been included with this application to cover the cost of the sidewalk and boulevard improvements. The sidewalk improvements are estimated to be approximately $1,740 which is based on an estimate provided by Sandon Construction and is included with this application. As per Frank Castles with the Kalispell Public Works Department, a contractors estimate is adequate to determine those costs. Boulevard improvements include two boulevard trees at a cost of approximately $295 per tree and the boulevard seed and boulevard prep of an area. approximately 300 square feet at a cost of $.55 per square foot (Parks and Recreation estimate for trees and seeding). The total cost of the improvements is estimated to be $2495. Calculated at 1.25 percent of the improvements, total bonding requirements are estimated to be $3119. A cashiers check made out to the City of Kalispell in the amount of $3120 has been included with the SIA. There is no expiration on the cashiers check. Improvements will be completed by .Tune of 2009 or sooner as per the SIA. 4. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." • The required statement in noted in this condition has been placed on the face of the final plat. 5. Ten feet of right-of-way that includes the existing 5.5 foot pedestrian easement shall be dedicated to the City of Kalispell along the west side of the 7t' Avenue West right-of- way and shall be shown on the face of the final plat. • The additional right-of-way mentioned in this condition has been included on the final plat for dedication to the City of Kalispell. 6. A 10-foot public access easement shall be located along the southern edge of Lot 2 from 7 h Avenue West to the western most edge of the property to provide access to city park land immediately adjacent to the property to the west. The five foot side setback required in the R-4 zoning district shall be measured from the northern boundary of the public pedestrian easement. The easement shall be dedicated to the City of Kalispell and shown on the face of the final plat. Note: The Parks and Recreation Department will provide signage indicating the pedestrian access. • The 10 foot public access easement that is required in this condition has been shown on the final plat for dedication to the City of Kalispell. 7. A municipal facilities exemption shall be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer are available and will be provided to all Iots. Existing and new utility easements shall be shown on the final plat. • The municipal facilities exemption from the Montana Department of Environmental Quality along with a letter from the Kalispell Public Works Department stating that water and sewer services are available and will be provided to all lots has been included with this application. There are no new utility easements, but the existing easements are shown on the final plat. 2 8. Septic tanks shall be abandoned/removed per Flathead City -County Health Department guidelines prior to final plat. The septic tank that was previously located on the property was removed by Nelson Brothers Construction and taken to the County landfill for disposal. A copy of the invoice noting that work is included with this application. On -going conditions 9. The access design for the lots shall meet the provisions outlined in Chapter 5 of the International Fire Code regarding fire service features and the design shall be reviewed and approved by the Kalispell Fire Department. Prior to combustible construction, all- weather driving surfaces, water supply infrastructure, hydrants and street signs need to be in place." • At the time these lots are developed, the property owners will coordinate all applicable requirements for fire protection for review and approval by the Kalispell Fire Department. A note has been placed on the face of the final plat that includes the language in this condition. 10. If Lot 3 of Western Acres to the south is proposed to be further subdivided via the use of a flag lot, the owners of Lot 2 and Lot 3 shall enter into a shared common access agreement. The access shall include a single paved driving surface 20 feet in width. Ten feet shall be located on the southern most portion of Lot 2 and 10 feet shall be located on the northern most portion of Lot 3. • A note has been placed on the final plat that requires the owners of Lots 2 and 3 to enter into a shared common access agreement with an access that would be developed to the above referenced standards. 11. Prior to ggy excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. • Because this property contains less that one referenced stormwater management permit as 2007 and as per MDEQ administrative 17.30.1111(B)(i). acre, it is exempt from the above per Ordinance 1600 adopted April 7, rules, Sections 17.30.1102(28) and 3 12. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. • A note has been placed on the final plat that requires the revegetation of the disturbed areas with a weed free mix immediately after development. 13. This waiver of preliminary plat approval is valid for three years and will expire on November 5, 2010. • The final plat for this subdivision has been submitted to the Kalispell PIanning Department prior to the expiration of the preliminary plat waiver. If there is any additional information you need in order to process this final plat, please let me know. If possible, we would request that this subdivision be scheduled for the next available city council meeting which I believe would be April 21, 2008. Thank you. Sincerely, Narda A. Wilson, AICP c: Brett Kelly Marquardt Surveying 4 Montana Department of ENviRoNmENTALQUAHTY Brian Schweitzer, Governor P.O. Sox 200901 Helena, MT 59620-0901 (406) 444-2544 www.deq_mt.gov February 1, 2008 Narda Wilson Land Use Planning & Consulting 184 Midway Dr Columbia Falls MT 59912 RE: Western Acres Amended Lot 2 Municipal Facilities Exclusion EQ##08-2144 City of Kalispell Flathead County Dear Ms Wilson: 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. PIans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA) . 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. Sincerely4Aa,5,—(a—k_ ��' anet Skaarland Compliance Specialist Subdivision Section (406) 444-1801 — email jskaarland@vnit.tov cc: City Engineer County Sanitarian file Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division City of Kalispell Public Works Department .> Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720,. Fax (406)758-7831 January 4, 2008 Brett and Terry Kelly 1677 Foys Lake Road Kalispell, MT 59901 RE: Amended Lot 2 of Western Acres Dear Brett and Terry Kelly, The City has an existing water and sewer main within 7th Avenue West which is to be used to provide the water and sewer services to the proposed lots. If you have any questions, please do not hesitate to contact this office. Sincer t ly, i F ank Castles, P.E. Deputy Public Works Director/Assistant City Engineer CC: Nicole C. Johnson, Planner If Narda Wilson Land Use Planning and Consulting 180 Midway Drive Columbia Falls, MT 59912 592905 cu5mmerl's oi4DmR Id©. D PR�ITM7 NT pR L J MAMS aat3R�&5 r f -rot-0 By DISH 0. -El ARSE ON AGOT,, 9u M Rail} PAID OUT lAiijllTY •blmtor pin.. l 3 F µ 10 i� 74 is 17 to Fi~1Yt rd mr VEEP THIS SLIP FOR REFERENCE 1. MRR—as—oa 4 t q We hensby Submit spilofficationa and je ACE Llesm" We PrOPOSID hereby to furnish material and labor oomplete in accordance with abova.lap' 04i6qii6h6, :f4r iWiu1"A'O 47A4.6 — 7:�Ps r0Z4-------- *,6,W dollars 72 Pi rymrntFo be Ma0e as fQT1QWS: W.' 7 All material is guaranteed to be as *Dscified. All work to be completed in a Worik'Manlike Auihbrized manner arcoffring to standard practims. Any allemrion or deviation from above specikations involving oxwe costs vAll be executed only upon written order*, and will become an extra r charge over and above the stitimeto. All agreements contingent tjpqn 51rik45, ocC10q!nI* or Note- This pr dg1gys beyond mX control. C3wnar to carryfire, tomado and oMY nacesitary insurance. Our workers are fully OoVerad by WoWisn's Cornpansallon Insurance. withdrawn by v�if within Acceptionce Of PrOPOSM --the strove prices, specifications Signature IV, and conditions are satisfactory and are Hereby accepted. You are authorized to do the tvk as specified. Payment will be made as outlined above. Date olAcceptance; Signature Ta Rdarftr City of Kalispell Planning-n 201 V Avenue East, Kalispell, Montana 59901 Telephone: (406) 758-7940 Fax: (406) 758-7739 FINAL PLAT APPLICATION Project /Subdivision Name:_ _AMGAIMlJ PLAT OE' LET Z OF Yi/k�1iP Contact Person: Owner & Mailing Address: Name:------- _ /*9R& W1114011 — k wez. J�- Address: _ I# / RIPWA)� PR-.^ §# �#. Aftl ! 3r 1A1&9_" AAU13 Nf __ A4AV.AP AM 5#01 Phone No.:.Y& #B9fi Date of Preliminary Plat Approval: AliV. 5 , 1,01 - )AIA RJ R Type of Subdivision: Residential _►/" Industrial Commercial PUD Other Total, Number of Lots in Subdivision 3 Land in Project (acres) 0• W Parkland (acres) At LA Cash -in -Lieu $� Exempt � No. of Lots by Type: Single Family Duplex Commercial Condominium Townhouse Apartment Industrial Multi -Family Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property .................. Affl 1 MJ Ply{-Y, do Lnr Zt S% 5 /9 7"28A 1Z21 k/ FILING FEE ATTACHED $ 12Z5 40 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement $400 + $125/lot $800 + $125/lot //7S 1-$800 + $125/lot $50 SP I Attached Not Applicable (MUST CHECK ONE) Health Department Certification (Original) Title Report (Original, not more than 90 days old) 2_ Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) C Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy "The plat must be signed by all owners of record, the surveyor and the examining land surveyor. 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 Y I/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 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 Subdivision Guarantee Guarantee No.: 251777-FT GUARANTEE Issued by Insured Titles 120 First A ve. West/P. O. Box 188, Kalispell, MT 59903 Title Ofticer.• Belinda Doty Phone: (406)755-5028 FAX (406)755--3299 Form No. 1282 (Rev 12/15/95) Subdivision Guarantee Guarantee No.: 251777-FT Form 1349 w M P. P ., CLTA Guarantee Face Page (Revised 12/15/95) First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. ArrEMSIr Insured Titles AUTHORIZED SIGNATORY Subdivision Guarantee Guarantee No.: 251777-FT SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE Order No.: 251777-FT Guarantee No.: 251777-FT Fee: $150.00 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, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Marquardt & Marquardt Surveying, Inc. FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: LOT 2 OF WESTERN ACRES, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS AMENDED PLAT OF LOT 2 OF WESTERN ACRES. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Kellco, LLC (B) Parties holding liens or encumbrances on the title to said lands are: None (C) Easements, claims of easements and restriction agreements of record are: 1. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder to Title 70, Chapter 21, M.C.A., 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. Subdivision Guarantee Guarantee No.: 251777-FT 2. 2008 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2007 $554.74 Paid $554.71 Paid 75-0461380 3. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by the recorded plat of Western Acres, recorded April 26, 1974 , as Doc. No. 76-4136, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 4. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and Environmental Services, as recorded with the plat of Western Acres. 5. Covenants, conditions and restrictions recorded May 3, 1974 in Book 568, Page 86, as Doc. No. 4137, records of Flathead County, Montana, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). (AFFECTS: Parcel 1) Amendment to said covenants recorded July 8, 1974 in Book 571, Page 14, as Doc. No. 6506, records of Flathead County, Montana. Amendment to said covenants recorded December 13, 1993, as Doc. No, 93-347-16410, records of Flathead County, Montana. Amendment to said covenants, recorded April 20, 2000, as Doc. No. 2000-111-11590, records of Flathead County, Montana. 6. Waterline Easement as set forth in Warranty Deed recorded May 14, 1976, in Book 595, Page 994, as Doc. No. 4893, and as disclosed on the Plat of Western Acres. 7. Possible easement created by Notice of Water Rights recorded March 31, 1976 in Book 594, Page 487 and Amended Certificate of Water Right recorded May 19, 1976, in Book 598, Page 118, as Doc. No. 9786, records of Flathead County, Montana. 8. Easement for an electric transmission and distribution line granted to Pacific Power & Light, recorded June 28, 1977 in Book 618, Page 560, as Doc. No. 8399. Resolution No. 5000 by the City of Kalispell for annexation, recorded April 20, 2005, as Doc. No. 2005-110-12040. 10, Petition to Annex and Notice of Withdrawal from Rural Fire Department, recorded April 20, 2005, as Doc. No. 2005-110-12050. Date of Guarantee: March 13, 2008 at 7:30 A.M. Subdivision Guarantee Guarantee No.: 251777-Fr INSURED TITLES 120 First Ave. West/P.O. Box 188, Kalispell, MT 59903 Phone(406)755-5028 - Fax(406)755-3299 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -- particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 0 2001 The First American Corporation • All Rights Reserved Subdivision Guarantee Guarantee No.: 251777-FT SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (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 under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the 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, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following 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 constitute 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. Notice of Claim to be Given by Assured Claimant, An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title 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 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 the failure and then only to the extent of the prejudice. 3. 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. 4. 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 3 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 hereunder, 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 4(a) the Company shall have the right 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, an Assured shall secure to the Company the right to so prosecute or provide for the 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 obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 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 ninety (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 damage. 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 representative 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 necessary 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. Form No. 1282 (Rev. 12/15195) Subdivision Guarantee Guarantee No.: 2SI777-FT 6. 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, or 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 said 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 4, 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 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 4. 7. 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 From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 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 any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures 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 not 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 damage 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. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro Canto. 10. 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 thirty (30) days thereafter. 11. 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 Assured 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 Assured 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 shalt be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. 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. ]udgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) 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. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (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. 14. 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 the Company at 1 First American Way, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12115/95) "This plat is provided solely for the Purpose of assisting in locating the land and the Company assumes no liability for variations, if any, with actual survey." INSURED TITLES 4.63 --CENTERLINE 10' EASEMENT Lot 7 B 7 W EACH SIDE EXI5TING WAFER LINE) 4,476 Sq. Ft y 4 5 n; }OF 5' v (� /� � 0.103 AC, k o WES yn YZ1 y t CY v Lot 2a: �. ry _ )Q C 10,974 Sq. Ft. w 0.252 Ac. a p Lot ]A us V 4,476 Sq, Ft. a N - 0.103 Ac. L 10' WIDE PEDESTRIAN EASEMENT DEDICATED TO THE CITY. S82'.Iq'.�.�-N i89 83 SAS' S OF BF.aR'd;5'Eu P!.nI lF NEjYCGn nr•ncc c C nt - LEC,END W FOUND 5/8" REBAR WITH PLASTIC CAP MARKED "DOYLE 2516S" FOUND 5/8- REBAR (N(> CAP) SET S."B' By 24" REBAR WITH PLASTIC CAP MARKV0 "MARQUARDT 7328S" "7his plat is provided solely for the p the of assisting in locating the land for variations and the Company assumes no liability 1NSt1l, if any with actual survey, Sp TliLES 4ECor.L Sunny Sidi Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 58801 (406) 768-6510 This Form is for Subdivisions & Condominiums Only TAX SEARCH FOR CERTIFICATE OF SURVEYS: BY: MARQUARDT FOR: KELLY DESCP: WESTERN ACRES AMD L2 (18-28-22) YEARS ASSESSOR # 2003 THRU 2007 0461380 DATE 11/13/07 PURPOSE AMD SUB 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. FEB 2 6 2008 Deputy Treasurer p ,e (seal) � z sn � O AMENDED PLAT OF LOT 2 OF WESTERN ACRES S1/2 of Section 18, T28N R21W, P.M., M. Flathead County, Montana LpL � I I I � I NBRSi'I p'E 19 et58' ip5.5fi' ( I _ r I Lot 1 T v TCENTIALINE __ EACH SIDE p EASEMENT In 4FtfG� Sq. S.5' DEDICATED PLIGHT OF WAY PER PLAT OF (S' ,476 . c EXISTING WATER LINE) �ti w 0.103 Ac. `, WESTERN ACRES C f I Lot 2 n o o pC v I I i 10,974 Sq. Ft. m o� 0.252 Ac. Lot ]A `~ � I I j 4,476 Sq. Ft. a o f € 0.103 Ac_ n I I V� 588'4<'00"5Y 1p5.57' fl � I ___ b L______ __________________ ___..__.___-....-. erya T10' DEDICATED TO THE CITY. WIDE PEDESTRIAN EASEMENT IIT I� �co rrw f I I I I I c-at Z11 LEGEND FOUND 5/6' REGAR WITH PLASTIC CAP MARKED'DOYLE 2516S' U FOUND 5/8' REPA R INC) CA P) O 5ET 5/8' BY 24' kMAIL WITH PLASTIC CAP MARKE D 'MARQUARDT 73285" MADE FOR EMEMENT5 AFFECTING THIS PROPERTY AND T PURPORT TO NOW ALL APPURTENANT EASEMENTS.