Staff Report/Final Plat Phase 1REPORT TI]:
FROM:
City of Kalispell
Planning Department
17 - 2"dStred East, Suite 21 I , Kalispell, Montana 59901
Kalispell Mayor and City Council
Sean Conrad, Senior Planner
James H. Patrick, City Manager
Telephone: (406) 751-1850
Fax: (406) 7 51- 1 S 5 8
Website: kalispellplanning. com
SUBJECT Final Plat for Spring Prairie Center Phase
MEETING DATE: October 16, 2006
BACKGROUND: This is a request from Morrison Maierle, Inc. for final plat approval
of Spring Prairie Center Phase I that plats 4 commercial lots on approximately 17
acres. The property is located on the west side of US Hwy 93 approximately 14 mile
south of the intersection of west Reserve Drive and US Hwy 93. The property can be
described as being within the NE 1/4 of Section 36, Township 29 North, Range 22 west,
P.M.M., Flathead County, Montana.
The Kalispell City Council approved this subdivision subject to 20 conditions on
December 1, 2003. All of the conditions have been adequately met or otherwise
adequately addressed.
RECGATIGN: A motion to approve the final plat for Spring Prairie Center
Phase I would be in order.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATP4ES: As suggested by the city council.
Respectfully sub ' t d,
Sean Conrad
Senior Planner
Report compiled: October 4, 2006
� <
H. Patrick
City Manager
Attachments: Letter of transmittal
Final plat application and supporting documents
City of Kalispell
Planning De partme nt
17 - 2nd Street Fast, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751--1350
Fax: (406) 751-1858
website: kalispellplanning. corn
October 4, 2006
James H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
De: Final Plat for Spring Prairie Center Phase I
Dear Jim:
Our office has received an application from Morrison Maierle, Inc. for final plat
approval of Spring Prairie Center Phase I that plats 4 commercial lots on
approximately 17 acres. The property is located on the west side of US Hwy 93
approximately 'A mile south of the intersection of West Deserve Drive and US
Hwy 93. The property can be described as being within the NE 1/4 of Section
36, Township 29 North, Range 22 west, P.M.M., Flathead County, Montana.
The Kalispell City Council approved this subdivision subject to 20 conditions
on December 1, 2003. All of the conditions have been adequately met or
otherwise adequately addressed.
The following is a list of the conditions of preliminary plat approval for this
subdivision and a discussion of how they have been met or otherwise
addressed.
COMPLIANCE WITH CONDITIONS OF APPROVAL
Condition 1. That the development of this site will be in compliance with
the adopted Spring Prairie PUD and PUD agreement adopted in December 2001
as amended. (Spring Prairie PU D) .
This condition is met. The design and development of the site has been
in accordance with the December 2001 Spring Prairie PUD and the PUD
amendment approved on December 1, 2003.
Condition 2. That the development of the site will be in substantial
conformance with the approved preliminary plat documents entitled Spring
Prairie center and associated submittal drawings which shall govern the
general location of the lots, easements, roadways freestanding signage,
landscaping and pedestrian access facilities except as modified by the
conditions listed herein. Those documents are listed below. (Kalispell Sub.
Regs. Appendix C - Final Plat I(A) Contents of final plat.)
• Spring Prairie center Site plan dated 10/ 16/03
• Spring Prairie center Preliminary Plat Document A- 1 dated 10 / 6/ 03
• Spring Prairie center Site Drainage Concepts DP dated 9 / 30 / 03
• Spring Prairie Proposed Infrastructure Section 36, T29N, R22W as
approved by DNRC
• Spring Prairie Center Phasing Schedule dated 10/ 1 6/ 03
* Spring Prairie center Phase one Utility and Road Infrastructure dated
9/30/03
+� This condition is met. The design and development of the site is in
substantial conformance with the approved preliminary plat and
associated submittal drawings.
Condition 3. That the public streets serving the subdivision shall be
constructed in accordance with the adopted Design and construction
Standards for the city of Kalispell for local streets. (Kalispell Sub. Regs.
Section 3.01 & 3.09A) .
• This condition is met. The public streets serving the subdivision have
been constructed to either meet or, in the case of Treeline Road, exceed
the Design and construction Standards for the City of Kalispell for local
streets.
Condition 4. The road within the subdivision shall be named and signed
in accordance with the policies of the Kalispell Public works Department and
the Uniform Traffic Control Devices Manual and be subject to review and
approval of the Kalispell Fire Department. (Kalispell Sub Regs. Sections 3.09
K(7) & M).
• A letter from the Kalispell Public Works Department dated June 21, 2006
states that the road within the subdivision has been named and signed
in accordance with the policies of the Kalispell Public Works Department.
A letter from Jim Stewart, Assistant Fire chief, dated January 18, 2005
approved of the naming of Treeline Road for the subdivision.
Condition S. A storm water drainage plan which has been designed by an
engineer licensed in the State of Montana shall be prepared which complies
with the City's Design and Construction Standards and said plan shall be
reviewed and approved by the Kalispell Public Works Department. (Kalispell
Sub. Regs. Section 3.12 A) .
* A letter from the Kalispell Public Works Department dated March 26, 2004
states that the Department has reviewed and approved the plans and
specifications for the subdivision. This includes a storm water drainage
plan.
Condition 5. That a letter be obtained from the Kalispell Public Works
Department approving the plans and specifications for water, sewer and
drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 -
3.15).
A letter from the Kalispell Public Works Department dated March 26, 2004
states that the Department has reviewed and approved the plans and
specifications for the subdivision and that K.alispell's water and sanitary
sewer systems have adequate capacity to serve the subdivision.
Condition 7. A letter from an engineer licensed in the State of Montana
certifying that the improvements have been installed according to the required
specifications shall be submitted at the time of final plat approval along with a
letter from the Kalispell Public Works Department stating that the required
improvements have been inspected and comply with the City standards.
(Kalispell Sub Regs. Sections 3.09, 3.1.1 -- 3.15).
• A letter from William Buxton, P.E. dated December 17, 2004 states that
the improvements have been built in general accordance with the
approved plans and specifications. A letter from Frank Castles, P.E.
dated December S, 2005 states that the Kalispell Public Works
Department has approved the existing, completed city owned
improvements for the subdivision.
Condition S. The two major east -wrest roads (one on the north and the
other on the south) exiting out onto proposed traffic lights will be dedicated to
the City. All remaining roads will be private in terms of ownership and
maintenance. (Site Review Committee) .
• A sixty-five foot wide right-of-way for Treeline Road is being dedicated to
the city of Kalispell as part of Phase I. The southerly east -west city
street (Reserve poop) is part of Phase lI and will be dedicated to the City
of Kalispell as part of Phase II. The private roads within the subdivision
will be maintained by the property lessee in accordance with the
Amended and Restated Easements, Covenants, Conditions and
Restrictions.
Conditiion. 9. The two city streets extending east -west form the proposed
traffic signals should be designed to minimum Collector Road Standards.
(Kalispell Subdivision regulations Sec. 3.09, Table 1).
Treeline Road, the City street being dedicated as part of Phase I, has
been designed to exceed the Collector Road Standards in the Kalispell
Subdivision Regulations by an expanded right -of way of 65 feet and a
pavement width of 39 feet.
Condition 10. The southerly east -west City street which forms the
southerly boundary to the subdivision shall be accessible and available to
provide coordinated access to the lands to the south including the DNRC State
Office Complex and the Kalispell Kid's Sports site.
* The southerly east --vest city street (Reserve Loop), which forms the
southern boundary of the subdivision, is part of Phase II, and therefore
this requirement is not relevant at this time.
Condition 11. The applicants engineer shall certify to the City that it has
received access approach permits from MDT and that all conditions of each
access permit, including required traffic studies and required improvements
have been achieved and or installed to the satisfaction of MDT. (Per request of
Steve Herzog, Maintenance Supervisor, MDT Kalispell office).
This condition is met. A letter from MDT dated August 15, 2006 states
that all necessary improvements for the two approaches into Phase I
have been completed.
Condition 12. Pedestrian access shall be provided as shown on the Spring
Prairie Center "Site Plan" dated 10 J 16/ 03. In addition to and for clarification.
the following shall apply:
a. A pedestrian bile trail (typically a minimum of 10 feet wide) shall
be constructed along the entire US Highway 93 frontage with each
phase. The bile path shall be integrally designed into the
landscape plan required between the curb line of US 93 and the 20
foot required landscape buffer required by the PU D .
b. All sideways extending westerly from the three main access roads
shall integrate into and connect with the Highway 3 bike path.
C. In lieu of a sidewalk, a bike trail should be constructed along the
south side of the southerly major east -west access road which
farms the southern boundary of phase 2 of the subdivision..
d. In addition, one east --west sideway corridors per major tenant
parking lot are shown and will be required to extend through the
main tenant parking lots in Phases 1 and 2. The sidewalk should
be coordinated with the plain entrance of the major tenant store.
e. North -south sidewalks will be required along two north -south
corridors provided in this subdivision. First, a sidewalk will be
required along the complete length of the internal private access
road that parallels US 93 and bisects the traffic circle. Second, a
sidewalk will be required along the fronts of the major building
pads including Lowe's extending from the south boundary bike
trail to the north boundary of the subdivision in a continuous
fashion
f. Phase 3 shall have the same pedestrian access treatment as
specified above for Phases 1 & 2. Each internal street shall have
detached sidewalks with landscaped boulevard. Sidewalk
corridors should be extended through major parking lots in the
same theme as phases 1 and 2.
g. Unless sidewalks and trails are located inside tenant parking lots
they shall be detached in nature with a landscape boulevard
between the walk/ trail and the curb.
h. Sidewalks shall be extended from adjacent trails and sidewalks
into actual parcels to provide a connected and continuous walking
area.
i. All sidewalks located within parking lots shall have a raised
concrete surface for separation from traffic and parking. where
sidewalks cross traffic lanes, the sidewalk may be at grade but
shall be constructed of colored or textured concrete, stone or other
contrasting material to visually denote a pedestrian way. Simply
painting the walk area is not adequate. Per Section 3.03 (B) of the
PU D Agreement, Section 1 # 3 of the PU D ordinance and submitted
site plan dated 10/ 16/ 03)).
• All applicable sidewalk construction as part of Phase I has been
completed.
Condition 13. The fire access and suppression system shall comply with
the Uniform Fire Code and a letter from the Kalispell Fire Department
approving the access, placement of fire hydrants and fire flows within the
subdivision shall be submitted with the final plat. The fire access and
suppression system shall be installed and approved by the Fire Department
prior to final plat approval. (Uniform Fire Code) .
• The final plat application notes the fire access and suppression system
has been designed in accordance with the Uniform Fire Code. A letter
from the Kalispell Fire Marshall dated January 18, 2005 states that the
fire department has approved of the fire hydrant locations, access and
fire flows for the site. The letter also notes that one hydrant needed to be
relocated. This relocation has occurred and a letter from the fire
department dated May 19, 2006 is attached approving the new hydrant
location.
Condition 14. All new utilities shall be installed underground. (Kalispell
Sub. Regs. Section 3.17A) .
This condition is met. All new utilities have been installed underground
pursuant to the approved utility plan for the project.
Condition 15. Development of an overall landscape plan addressing public
and private street boulevards, street trees; perimeter project landscaping,
parking lot landscaping and all common area landscaping shall be submitted
to the city Parks Director for approval in writing prior to installation. The plan
shall address all PUD requirements and compliance with attached plans and
applications materials. The landscaping improvements in the public R/ELT and
the landscape strip described in (c) below shall be accomplished at the time of
final plat. The landscaping improvements on private property shall be address
at the time of building permit issuance. In particular the landscape plan shall
address:
• A letter from Mike Baker, Director of the Parks and Recreation
Department, dated December 1, 2004, states that the landscaping plans
for Phase I have been reviewed and approved. A subsequent email from
the Parks and Recreation Department dated September 25, 2006 states
that the landscaping has been installed per the approved plan.
a. All landscape buffers, boulevards, tree planters, landscape islands,
tree wells, etc. and common areas with live landscape materials
shall be provided with adequate irrigation.
41
* A landscaping irrigation plan was created to provide
adequate irrigation to all of the landscaped areas.
b. The applicant or future leases shall be responsible to insure the
live landscaping as approved on the original landscape plan and
installed is maintained in a "live" condition.
The responsibility for ongoing maintenance of the
landscaping is addressed in the Amended and Restated
Easements, covenants, conditions and Restrictions.
C. An irrigated landscape corridor of at least 20 feet in width shall
parallel the R/ ELT of US Highway 93 including undulating
topography and have a min of tree plantings with a ground cover
predominately of lawn. A similar 1 o-foot landscape treatment shall
be developed along the west Side Bypass corridor.
These landscape corridors are in place and meet the
minimum width requirements.
d. In developing the landscape plan, the developer shall comply with
the definition of landscaping as defined in the Kalispell zoning
ordinance as follows: "Some combinations of planted, living trees,
shrubs, hedges, vines, living ground cover and flowers suitable for
the climate exposure and site conditions. In addition, the
combination or design may include earth sculpture, cobble, bark,
mulch, edgers, flower tubs, rock and such structural features as
foundations, pools, art works, screens, walls, fences or benches,
but such objects alone shall not meet the requirements of this
provision." Bark, mulch, rock, etc. may augment live landscape
features but the primary feature in all landscaping treatments
shall be growing materials unless specifically modified as in special
cases such as internal parking lot sidewalk corridors where trees
would be in a protective grate as they line a sidewalk and form a
canopy.
• The proposed landscaping complies with the definition of
landscaping as defined in the Kalispell zoning Ordinance.
e. Landscape islands within parking lots shall incorporate
predominately living materials. one exception would be the raised
sidewalk corridors extending through the parking lots as shown on
the submitted October 16, 2003 Spring prairie Center colored site
plan where trees within tree grates lining sidewalks is acceptable.
Note that in parking lot landscape islands, shade trees shall be
placed in such intensity and location as to form a canopy where
they cover or line sidewalks and where ever they are used, a visual
break from the open asphalt parking areas surrounding it. The site
plan shows two shade trees at the ends of islands and 4 trees
within internal islands. This may or may not be adequate
depending on species selected.
• Landscape islands within parking lots are fully landscaped
with living materials.
f. The major landscape corridor extending north -south through the
major tenant parking lots of phases 1 8, 2 are intended to raised
curb planters measuring approximately 18' x 36' or typically 4
parking spaces in size. (PUD Section 2.01 (E(2 (F-G))) ) .
• The nine raised curb planters, extending in a north -south
line through the center of the Lowe's parking lot, are each
18' wide by 40' long.
Condition 16. All exterior lighting within the subdivision shall be shielded
and directed downward so that it does not intrude unnecessarily onto adjoining
properties or cause excessive glare or otherwise excessively light the site. In
doing this all exterior lighting futures on buildings, streets and in parking lots
shall be shielded with cut-offs and baffles with a minimum cut-off angle of 20
degrees below horizontal and the maximum light standard height is set at 30
feet above adjacent grade. This is not meant to discourage low intensity
exterior lighting for architectural or landscape accent purposes. (Site review,
PUD Section 2.02 H (3).
+ The exterior lighting complies with this condition and the City's lighting
standards.
Condition 17. The applicant shall certify that Phase 3 is developed within
the requirements of the BPA transmission corridor. (BPA requirements) .
• A letter from BPA dated June 30, 2004 allows the use BPA's easement for
construction, installation, use and maintenance of a detention pond.
Although this condition concerns Phase 3, the detention pond also serves
Phase I and therefore, the applicants have included it in the final plat
application.
Condition 18. That a minimum of two --thirds of the necessary
infrastructure for each phase of the subdivision shall be completed prior to
final plat submittal. With the filing of the final plat for each phase, an
additional three-year extension shall be automatically granted for subsequent
phases. (Site Review).
This condition is met. All of the necessary infrastructure improvements
for Phase I have been completed.
Condition 19. With the development of Phase 1, the infrastructure as
illustrated in the Phase One Utility and Road Infrastructure Exhibit A-1 dated
9 j 30 j 03 and issued 10 J 6 103 shall be complied with. Specifically the northern
most east -west city street shall be fully constructed from the traffic light on the
east to the westerly subdivision line. In addition the 14" water main and the
12" severer main shall be extended to this boundary as well unless otherwise
proven unnecessary by the Public Works Department. (Kalispell Standards for
Design and Construction).
The construction of Treeline Road, the east -west city street located on
the north side of the development, is complete from the traffic light on
Highway 93 to the northwestern Lowe's driveway entrance. The final
extension of Treeline Road is considered part of Phase 3 of Spring Prairie
Center and is not required to be constructed at this time pursuant to a
letter from Frank castles, Assistant city Engineer, dated June 21, 2006.
A letter from William Buxton, P.E. of Morrison and Maierle, Inc. dated
December 17, 2004 states that water, sewer, stormwater and site grading
improvements have been installed per the approved plans by the
Kalispell Public Works Department. A subsequent letter from Frank
Castles, Assistant city Engineer, dated December 3, 2005, states that
the Department approves of the existing completed city owned
improvements.
Condition 20. The preliminary approval shall be valid for a period of three
years from the date of approval. Upon the filing of each successive phase, an
additional two years from date of final plat approval of the previous phase shall
be granted. Prior to the expiration of any phase, a one --year extension may be
requested. (Kalispell Sub. Regs. Section 2.04 (E (7)).
This condition is met. The final plat submittal falls within the required
time frame.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
approved by the Kalispell city council on December 1, 2003.
COMPLIANCE TH TIME SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and
City Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULA'T`IONS
This subdivision can be found to be in compliance with the Kalispell Zoning
Ordinance and the B-5 / PUD, Industrial --Commercial/ Planned Unit
Development, zoning designation for the property which governs the
dimensional requirements of the lots within the subdivision as well as the uses.
RECOMMENDATION:
It can be found that the conditions of preliminary plat approval have been met
or are otherwise adequately addressed. The staff would recommend that the
Kalispell City council approve the final plat for Spring Prairie center Phase I.
Please schedule this matter for the regular city council meeting of October 16,
2006.
Sincerely,
Sean Conrad
Senior Planner
Attachments: Vicinity map
1 opaque Mylar of final plat
1 reproducible Mylar of final plat
1 copy of final plat
11 x 17" Copy of plat
Final plat application dated 1 / 13 / 06
Lettters from Kalispell Public Works dated 3 f 26/04 (2),
6/21/06 and 12/8/05
Ltr from Morrison and Maierle, Inc. dated 12/ 17/04
Ltr from Kalispell Fire Department dated 1 / 18/ 05 and
5/19/06
Ltr from Kalispell Parks and Recreation dated 12 / 1 / 04 and
email dated 9/25/06
Title report # G-145305-FT dated 9/ 18/06
Ltr from Montana Department of Transportation dated
8/15/06
Ltr from DEQ dated 5/5/04
Copy w/ att: Theresa White, Kalispell city clerk
Copy w/o att: Morrison Maierle, Inc
Attn: Keith Belden
306 '"L7V. Railroad St. Suite 105
Missoula MT 59802
Montana Department of Natural Resources and conservation
Attn: Steve Lorch
2250 Hwy 93 N.
Kalispell, MT 59901
Goldberg Properties, Inc.
Attn: Don Lawhead
195 west 12 th Avenue
Denver, CO 80204
City of Kalispell
Planning Department
17 - 2 a Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
FINAL PLAT APPLICATION
Project /Subdivision Name: Spring P `
Contact Person:
Name: Keith Belden, PE, LS
Address: 306 West Railroad Street
Missoula, MT 59802
Phone No.: (4 0 6) 54 2-888 0
Date of Preliminary Plat Approval: November 4 2 0 0 3
Owner & Mailing Address:
M o n f- a n a -De la,t..,,..,.._Qf N a t~ l i r a ll
Resources and Conservation
1625 Eleventh Avenue
P.O. Box 201 601
Helena, MT 59620-1601
Type of Subdivision: Residential Industrial Commercial X_PUD Other
Total Number of Lots in Subdivision 4
Land in Project (acres) T 7. 38
Parkland (acres) Cash -in -Lieu $
No. of Lots by Type:
Single Family
Townhouse _
Duplex
Apartment
Commercial 4
Industrial
Condominium
Multi -Family
Exempt X
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Other
Legal Description of the Property Spring Prairie Center Phase I subdivision
located in the NE 1/4 section 36 T29N R22W P.M.M,
FILING FEE ATTACHED $ 1 1 0 0_ 0 �
Minor Subdivision with approved preliminary plat $400 + $100/lot
Major Subdivision with approved preliminary plat $650 + $100/lot
Subdivisions with Waiver of Preliminary Plat $600 + $100/lot
Subdivision Improvements Agreement $ 50
1
Attached Not „Applicable MUST CHECK oNE)
X Health Department Certification (Original)
X Title Report (Original, not more than 90 days old)
X Tax Certification (Property tomes must be paid)
X Consent(s) to Plat (Originals and notarized)
X Subdivision Improvements Agreement (Attach collateral)
X Parkland Cash -in -Lieu (Check attached)
X � Maintenance Agreement
X 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 hour
each condition has specifically been met. In cases where documentation is required, such as an
engineers 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.
/)(1 j a, V4�.. 1�� 2006
Owner(s) Signature Date
**A digital copy of the final plat in a Drawing, Interchange File (D F) 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
2
Dec 07 04 03: 42p Morr i son -Ma l er 1 e 406-752-2391 P. 1
City of Kalispell Public Works Department
Post Office Boy 1997, Kalispell, Montana 59903-1997 -Telephone (406)755-7720, Fax (406)758-7831
March 26, 2004
Morrison Maierle, Inc.
306 West Railroad Street, Suite 105
Missoula. ' Montana 59802
Attention: Keith Belden, P.E.
Project Manager
RE. Spring Prairie center
Phase I (Love's)
Kalispell, Montana
Dear Keith:
The construction puns and supporting documents for the referenced project are hereby
approved. Attached is your copy of the letter of approval for the Flathead city county
Health Department.
We look forward to working with you on this project.
Sincerely,
Arrankastles, P.E.
Assistant city Engineer
Attachment: As Stated
Dec 07 04 03 : 41 p Morrison-Maierle 400 -752 -2331 F.1
Ci*tv of Kalispell Public Works Department
Post Mce Box 1997, Kalign1l, Montana 59903-199'7 -'telephone (406)7587720. Fax (406)759-7831
March 26, 2004
Dick Montgomery, R.E.
Environmental Health Services
Flathead City -County Health Department
1035 First Avenue West
Kalispell, Mt. 59901
Re: Spring Prairie Center
Lowe's (Phase 1)
Kalispell, Montana
Dear Dick,
This letter is to confirm that the City of Kalispell has reviewed and approved the
construction plans and specifications prepared by Morrison Maierle, Inc., for the
referenced project. The Kalispell water and sanitary sewer systems have adequate
capacity to serve the project.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
Frank Castles, P.E.
Assistant City Engineer
cc: Morrison Maierle, Inc.
Post -it" Fax dote 7671 Date #s°F�s F n
TO17.17 From
Co. Go J
Phone M phoft �►
Fax #R Fax 0
Phase I (Lowers)
Kalispell, Montana
Dear Keith:
The construction plans and supporting documents for the referenced project are hereby
approved. Attached is your copy of the letter of approval for the Flathead City -County
Health Department.
We look forward to working with you on this project.
Sincerely,
Frank Castles, P.E.
Assistant City Engineer
A++►r-hrr,or,�- At- Ct�+^A
City of Kali*spell Public Works Department
Post ce fox 99'7, Kalispell, Montana 59903-I997 - Telephone (406)758-7720, Fax (406)758-7831
June 21, 2005
Morrison Maierle, Inc.
1228 Whitefish Stage Road, Unit 3A
Kalispell MT 59901
Attention: Tony Feilzer, F.I.
Re: Spring Prairie center Phase I Final Plat
Gear Tony:
D
IE� IE 9IE
KALISPELL PLANNING DEPARTMLE T
The city of Kalispell Public Works Department has determined that Treeline Read
(formerly Spring Prairie Road) is signed in accordance with the policies of the Kalispell
Public Works Department and the Manual of Uniform Traffic control Devices.
Tree Line Road is improved to the most westerly intersection serving Love's. This is in
accordance with the Basis of Design Report and the construction documents approved
in February, 2004.
If you have any questions, please do net hesitate to contact this office.
Sincerely,
Frank sties, P.E.
Assistant City Engineer
Cc: Sean Conrad
Kalispell Planning Office
City of Kalispell Publi*c Wanks Department
Post Office Box 1997, Kalispell, Montana 59903-I997 -Telephone (406)758-7720, Fax (406)758-7831
REC7:nVre
-�. �...
December 8, 2005
Morrison Mamie, Inc.
P.O. Box 8057
Kalispell, MT 59904-1057
Attention: William A. Buxton, P.E.
Re: Spring Prairie center Phase I (Lowes)
Dear Mr. Buxton
The City of Kalispell Public Works Department hereby approves the existing, completed
city owned improvements for the referenced subdivision. Approval by the City of
Kalispell for the City owned and maintained improvements is granted based on the
following:
1. Morrison Maierle, Inc., letter certifying that the city owned improvements within
the referenced subdivision have been inspected and installed in accordance with
the City of Kalispell standards and the approved plans and specifications.
Z. our video records of the sanitary sewer system.
If you have any questions, please do not hesitate to contact this office.
Since ly/
A
Frank Cases, P. E.
Assistant city Engineer
Cc: Narda Wilson, Senior Planner
Kalispell Planning office
E ENGINEERS
— . SURVEYORS
_`__MORRISON
=f PLANNERS
--_- --_ _ ----_—, SCIENTISTS
-- MAIERLE, INC. 1228 WHITEFISH STAGE ROAD - BOX 8057 KALISPELL, MT 59904-1057 406-752-2216 FAX: 446-752-2391
An Employee -Owned Company
December 17, 2004
Mr. Frank Castles
Assistant city Engineer
312 Vt Avenue East
Po Box 1997
Kalispell, Montana 59903-1997
RE: Spring Prairie Center Phase 1 (Lowe's)
Dear Frank,
DEC 2 7 2004
The purpose of this letter is to certify that the Spring Prairie center Phase 1
(Lowe's) water, sewer, storm water and site grading improvements have, to the
hest of our knowledge, been built in general accordance with the approved plans
and specifications. Any modifications that were made during construction are
shown on the Record Drawings that will be forwarded to you soon.
Sincerely,
MORRISONMMAIERLE, INC.
,0,4
William A. Buxton, P.E.
Project Manager
cc: Goldberg Properties
Lowe's H I c
= i h Id n--Maierle Inc.
..,
........................................................................................
"Providing resources in partnership with clients to achieve their goals"
KALISPELL FIRE DEPARTMENT
Randy Brodehl - Fire Chief
Jun Stewart - Assistant Chief/Prevention
Dee McCluskey — Assistant Chief/Operations
January 18, 2005
Morrison Maierle, Inc.
Attn: William A. Bunton, PIS
PO Box 8057
Kalispell, MT 50004-1057
Re: Final plat approval -- Spring Prairie Center Phase I
Dear Bill,
3 12 First Avenue East
Kalispell, Montana 59901
(406) 758-7760
FAX: (406) 758-7952
In response to your request for approval of the above -referenced project, our department
approves final plat for Spring Praise Center Phase I, with the following information and
conditions.
• Fire hydrant locations, fire department access, and fire flows are approved by this
department.
• The proposed street name of Treeline Road is approved by this department.
• It is understood that the fire hydrant located at the northwest corner of Lowe's will be
bagged "out of service" pending relocation per the Bonneville Power Administration
requirements. Hydrant relocation shall be in accordance with city specifications at the
location approved by this department. Timing of installation will occur as soon as
practical, weather permitting.
Please contact me if you have any questions.
Sincere) ,
Jim Stewart
Assistant Fire Chief/Fire Marshal
Kalispell Fire Department
cc: Narda Wilson, Td-City Planning Office
Frank Castles, City of Kalispell Pudic works
Fred Zavodny, City of Kalispell Public Works
"Assisting our community in reducing, preventing, and mitigating emergencies. "
May 19,2006
Morrison Maiede, Inc.
Attn: Tony Feilzer, PE
PO Box 8057
Kalispell, MT 59904- 1057
Dear Tony,
Re: Final plat approval -- Spring Prairie Center Phase I
As follow-up to our letter of January 18, 2005, with regard to the above -referenced project,
our department approves final plat for Spring Prairie Center Phase I, with the following
Information and conditions.
• The fire hydrant located at the northwest corner of Lowe's has been successfully
relocated per the Bonneville Power Administration requirements.
• The relocation of the hydrant to the green area on the north side of Lowe's is
approved.
Please contact me if you have any questions.
Sincerely,
B nt L. Christophe n
A istant Chief/Prev tion
c' Tom Jentz, City of Kalispell Planning Department
City �.
Frank Castles, of Kalispell Public Works P
i;
"'Assisting our community in reducing, preventing, and mitigating emergencies. "
of Kalisp,
A/
Parks and Recreation
December 1, 2004
3515` Ave East — P O Box 1997 —Kalispell MT 59903-1997
Phone: (406) 758-7718 Fax: (406) 758-7719
Email: parknrec@kalispell.com
Oic o 0, JDzf
Mr. Keith Belden, PE LS
Morrison-Maierle, Inc.
306 West Railroad Street, Suite 105
Missoula, MT 59802
Re: Lowe's Home Improvement Warehouse/Spring Prairie Center Phase 1
Landscaping
Dear Mr. Belden:
This letter is confirmation that the landscaping plans for the above referenced project
have been reviewed and approved by Kalispell Parrs and Recreation. When
installation of the landscaping is complete, please give us a call and we will review the
site for final approval.
Should you have any concerns or questions regarding the landscaping, please feel free
to give meacall.
Sincerely,
< yy)v---
Michael Baker, Director
Vic: Narda Wilson, Td -City Planning
Page 1 of 1
Sean Conrad
From: Lisa Simmer [Isimmerkalispell.com]
Sent: Monday, September 25, 2006 2:15 PM
To: sconrad@kalispell.com
Cc: Jennifer Young
Subject: Lowes
Sean,
I just spoke to Jennifer Young and she confirmed that Lowe's followed through and replanted the planter
beds and tree(s) as needed to make their landscaping requirements. She may or may not have a letter on
her computer giving final approval, however please let this email serve as approval to your office.
If you have any questions, please do not hesitate to give us a call.
Lisa
9/25/2006
COrvinej Y"iI with pride
Montano_ __........ ..............................................._ =- : _ ...........
Kalispell Area Office
85 Fifth Avenue East North
PO Box 7308
Kalispell, MT 59904-0308
August 15, 2006
Mr. Tom J entz
Kalispell Planning Department
nd
17 Street East, Suite 2 11
Kalispell, Montana 59901
Subject: DNRC r--- Final Permits for Access Lowe's - US 93
Spring Prairie Center
Tom,
LISPELL PLANNING DEPARTMENT
DNRC has completed the necessary improvements as required by the Montana
Department of Transportation for the two northern approaches to Section 36 — Spring
Prairie Center. Specifically, the full access signalized intersection at Treeline Road and
the middle 3/4 movement approach on US 93 that leads to the roundabout are done.
We are in the process of getting the final permits prepared for final processing. We do
not have any outstanding issues regarding the initial construction of these approaches.
If you have any subsequent issues or need additional information give me a call.
Sincerely,
.E.
Kalispell Area Maintenance Engineer
copies: Area File
t r'
Phone: (406) 751-2000 T7Y (800) 335--7592
Fax: (406) 752 5767 Web Page: www. mdt. mt gov
�tAl' 0 7 209�
Montana Department of
ENmomwFNTAL QumJudy Martz Governor
109 Cooperative Way - Suite 105 - Kalispell, MT 59901-2389 - (406) 755-8985 - FAX (406) 755-8977
Keith Belden, P.E. L.S. May 5, 2004
Morrison Maierle, Inc.
306 West Railroad Street, Suite 105
Missoula, Mt 59802
RE: Spring Prairie Center Water & Sanitary Server- Kalispell, EQ#04-2569
Dear Mr. Belden:
Plans and specifications for the above -referenced project have been reviewed by personnel with
the Permitting & Compliance Division utilizing the certified checklist procedure. The plans and
specifications are hereby approved. One set of plans and specifications bearing the approval
stamp of the Department of Environmental Quality is enclosed.
Approval is based on plans and specifications received April 27, 2004 under the seal of: Keith S.
Belden, P.E.# 10692ES.
Approval is also given with the understanding that any deviation from the approved plans and
specifications will be submitted to the Department for reappraisal and approval. Within 90 days
after the project has been completed the project engineer shall certify to the Department that the
project was inspected and found to be installed in accordance with the plans and specifications
approved by the Department. This certification shall be accompanied by a set of "as -built" record
drawings signed by the project engineer.
It is further understood that construction will be completed within three years of this date. If
more than three years elapse before completing construction, plans and specifications must be
resubmitted and approved before construction begins. This three-year expiration period does not
extend any compliance schedule requirements pursuant to a Department enforcement action
against a public water or sewage system.
Please be aware that this project may need a storm grater general permit. Please contact the
Water Protection Bureau at 406-444-3080 for more information.
S inc er0y,
01
4.1
iZ r au er nvironmental p
Engineer Specialist
g
Public water S pply Section
Public Water Supply and Subdivisions Bureau
cc: Lowes, HIW, Inc.
Goldgerb Properties Inc.
City of Kalispell, Department of Public Works
Flathead County Sanitarian
File
Centralized Services ❑ivi,-`14 } Enforcement Division Permitting & Compliance Division Planning, Prevention & Assistance Division Remediation Division
Subdivision Guarantee
Issued by
Guarantee No.: 145305-FT
Flathead County Title Company
120 First A ve,, WestlP,O. Box 188, Kalispell, MT 59901
Title Officer. Jessica Elliott
Phone,.,' (406)755-5028
FAXw,w (406)755-3299
Form No. 1282 (Rev 12/15/95)
Subdivision Guarantee
Form 1349
CLTA Guarantee Face Page
(Revised 12/15/95)
A jR
Guarantee No.: 145305-FT
First American Tit/e 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.
Flathead County Title Company
AUTHORIZED SIGNATORY
Subdivision Guarantee
Guarantee No.: 145305-FT
SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE
Order No.: 145305-FT
Guarantee No.: 145305-FT
Fee: $12 5.00
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:
Morrison Maierle, 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:
Legal Description attached hereto as Exhibit A, and by this referenced incorporated herein.
(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:
State of Montana
(B) Parties holding liens or encumbrances on the title to said lands are:
(C) Easements, claims of easements and restriction agreements of record are:
1. Any right, title or interest in any minerals, mineral rights, or related matters, including but not
limited to oil, gas, coal, and other hydrocarbons.
2. 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.: 145305-FT
3. 2006 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
2005 $108,315.56(paid) $108,315.55(paid) 0008504 AFFECTS:
Leasehold
Interest Only -
Imp 1576
( Lease on Pt
Tr 5)
2005 $615.90 (Paid) $615.89 (Paid) 75µ EO00703
(affects this and other property)
4. 2006 taxes and special assessments are a lien; amounts due and payable. There is only one
instalment for the current year, due that year and will become delinquent after July 31st.
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 2005 2006 Parcel Number
2005 $22,105.46(paid) $40,319.79(paid) P204566
AFFECTS: Leasehold Interest only -(Lease on Pt Tr 5)
5. B.P.A. Transmission Line Easement as shown on available county maps.
AFFECTS: Fee Simple Interest
6. Resolutions by the State Highway Commission of the State of Montana for Designation of Limited
Access Highway, recorded Arpii 15, 1095, as Doc. No. 85-105-15010 and December 6, 1989, as
Doc. No. 89-340-09150, records of Flathead County, Montana.
AFFECTS: Fee Simple Interest
7. Easement for a right of way for highway construction and maintenance, including occupancy by
public utilities (also includes access control), granted to Montana Department of Transportation,
recorded August 27, 1992, as Doc. No. 92-240-10080, records of Flathead County, Montana.
AFFECTS: Fee Simple Interest
8. Resolution by the Transportation Commission of the State of Montana for Designation of Limited
Access Highway, recorded November 14, 1997, as Doc. No. 1997-318-10050, records of Flathead
County, Montana.
AFFECTS: Fee Simple Interest
9. Resolution No. 4584 by the City Council of the City of Kalispell for annexation, recorded October
181 2000, as Doc. No. 2000-292-13260.
10. Terms and conditions of ordinance No. 1404 approving a Planned unit Development and
Declaration of Covenants, Conditions and Restrictions, recorded January 15, 2002, as Doc. No.
2002-015-11180, records of Flathead County, Montana.
AFFECTS: Fee Simple Interest and Leasehold Interest
Subdivision Guarantee
Guarantee No.: 145305-FT
11. Covenants, Conditions and Restrictions recorded as on January 15, 2002, as Instrument No.
2002-015-11180 , but omitting any covenant, condition or restriction based on race, color,
religion, sex, handicap, familial status, or national origin to the extent that such covenants,
conditions or restrictions violate 42 USC 3604(c).
AFFECTS: Fee Simple Interest and Leasehold Interest
12. Terms and conditions of Ordinance No. 1486, an Ordinance Authorizing and Adopting an
Amendment to the Developer's Agreement for the Planned Unit Development for Spring Prairie
Center, recorded April 12, 2004, as Doc. No. 2004-093-16210, records of Flathead County,
Montana.
AFFECTS: Leasehold Interest
13. Memorandum of Commercial Ground Lease upon the terms, conditions and covenants contained
therein:
Recorded: April 29, 2004 , as Doc. No. 2004-120-14410
Lessor: The State of Montana By and Through the State Board of Land Commissioner In Trust
For Common Public Schools
Lessee: Kalispell Goldberg, LLC..
AFFECTS: Leasehold Interest
14. Memorandum of Agreement for option to Expand Premises upon the terms, conditions and
provisions contained therein:
DATED : April 27, 2004
PARTIES : The State of Montana by and through The State Board of Land Commissioners in Trust
for Common Public Schools, and Kalispell
Goldberg, LLC, a Colorado limited liability company
RECORDED: April 29, 2004, as Doc. No. 2004-120-14420,
records of Flathead County, Montana.
15. Memorandum of Ground Lease dated April 28, 2004, by and between Kalispell Goldberg, LLC, a
Colorado limited liability company, and Lowe's, HIW, Inc., a Washington corporation, recorded
April 29, 2004, as Doc. No. 2004-120-14430, records of Flathead County, Montana.
16. Easements, Covenants, Conditions and Restrictions by and between The State of Montana by and
through The State Board of Land Commissioners in Trust for Common Public Schools; Kalispell
Goldberg, LLC, a Colorado limited liability company, and Lowe's HIW, Inc., a Washington
corporation, recorded April 29, 2004, as Doc. No. 2004-120-14440, 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).
Amended and Restated Easements, Covenants, Conditions, and Restrictions recorded November
1, 2004, as Doc. No. 2004-306-14430.
AFFECTS: Leasehold Interest
17. The following matters disclosed by and ALTA/ACSM Survey made by Eby & Associates, Inc. dated
February 2004:
An unrecorded easement or Lessor Right for overhead transmission lines located on the
Northwest corner of the land.
Subdivision Guarantee
Guarantee No.: 145305-FT
18. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 13423, 14292,
16925, 16927, 16928, 17217, 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 restriction violate 42 USC
3604 (c).
19. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the recorded plat of Fire Station No. 62
Subdivision recorded March 30, 2006 , as Instrument No. 2006-089-16450, 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).
20. Grant of Conditional Use executed by City of Kalispell to DNRCJGoldberg Properties, Inc. recorded
June 10, 2004, as Instrument No. 2004-162-15020
21. Amended Resolution Designation of Controlled Access Highway and Facility, recorded October 8,
2004, as Doc. No. 2004-282-08180,
22. wells Fargo Bank building as shown by an Inspection of the property.
23. Unrecorded leaseholds; rights of parties in possession, rights of secured parties, vendors and
vendees under conditional sales contracts of personal property installed on the premises
herein, and rights of tenants to remove trade fixtures.
24. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the Unrecorded Survey in our possession 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).
We find the described property to be in an Unknown Fire District.
Date of Guarantee; September 18, 2006 at 7:30 A.M.
Subdivision Guarantee Guarantee No.: 145305-FT
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
I. 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 stare 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.
5. 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 parry, 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/ 15/95)
Subdivision Guarantee
f. Options to Pay or Otherwise Settle Claims; Termination of Liability.
In case of a claim under this Guarantee, the Company sha44 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.
Guarantee No.: 145305-FT
(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 tanto.
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 shall 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. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the sites of the land shall apply to an arbitration under the Tide 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. 12/ 15/95)
Subdivision Guarantee
Flathead County��
=-��Title c:o pany
120 First Ave. West/P.O. Box 188, Kalispell, MT 59901
Phone(406)755-5028 - Fax(406)755-3299
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
Guarantee No.: 145305-FT
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;
0 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.
2001 The First American Corporation ■ Al! Rights Reserved
Subdivision Guarantee
EXHIBIT A
Guarantee No.: 145305-FT
A tract of land located in the Northeast Quarter of the Northeast Quarter and the Southeast
Quarter of the Northeast Quarter of Section 35, Township 29 North, Range 22 West,
Principal Meridian, Montana, Flathead County Montana, being more particularly described as
follows:
Commencing at the Southeast corner of the Southeast Quarter of the Northeast Quarterr
Section 35, Township 29 North, Range 22 West; thence along the southerly boundary of said
aliquot part,, N89°58'05'"W 135.74 feet to the westerly boundary of U.S. Highway No. 93
Kalispell -Whitefish as shown on State of Montana Right of Way Plans No. F5-3(32)115,
records of Montana Department of Transportation,. Helena, Montana; thence along said
westerly boundary of said U.S. Highway 93 Kalispell -Whitefish the following three Courses;
N00007"29"E 190.12 feet, N 14° 14"42"E 61.83 feet, and N00010"38"E 499.70 feet to the Point
of Beginning of the parcel being described; thence S90000'00"W 938.17 feet; thence
N00°00'00'"1N 871.28 feet to the beginning of a 382.50 foot radius non -tangential curve
concave to the southwest having a radial bearing of S091140"52"W; thence along said curve
through a central angle of 17057"25"' an arc length of 119.88 feet to the beginning of a
317.50 foot radius reverse curve concave to the northeast; thence along said curve through
a central angle of 27038"17" an arc length of 153.15 feet; thence N90000000'"E 680.23 feet to
said westerly boundary of said U.S. Highway No. 93 Kalispell -Whitefish; thence along said
westerly boundary of said U.S. Highway No. 93 Kalispell -Whitefish, S0001038""W 796.85 feet
to the Point of Beginning.
The following described tract of land will be known and dedicated Spring Prairie Center
Phase i Subdivision
THE FrNAL PLAT OF
SPRING PRAIRIE CENTER PHASE I SUBDIVISION
LOCATED IN THE NE t 4 SECTION 36, T29N, R22W, P.M.M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA 25
OWYE ENGINEER PURMSE NCRTW- �a�� 3
THE STATE OF MOWANA A1ORMSON--PrWl;RI..E, INC. 51jSpiWiSIi7N PLAT F!OLMPAS$ OAF' ' MA
DEPAR�T3� W OF NATURAL RESOURCES 306 W. "tJU OAC S7. SUITE 105 � � r
AND CONSERVATION MISSOULA. MT 59802 R AXM
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