Staff Report/Final Plat Phase 51 4- Z ko) - 6 9
MEETING DATE.
Tri-City Planning Office
17 Second Street East -Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytei.net
Kalispell Mayor and City Council
Thomas R. Jentz, Director
Chris A. Kukulski, City Manager
Final Plat Approval - Buffalo Commons Phase 5
August 8, 2003
BACKGROUND. This is a request for final plat approval of an eleven lot subdivision
in the Buffalo Commons development containing approximately 15.09 acres. Five of
the lots front on the newly modified Sunny View Lane segment and the remaining six
lots front on Heritage Way. All of these lots are currently undeveloped and are
intended to be conveyed for development in the future. This subdivision plat falls
under the Buffalo Commons Planned Unit Development. All eleven lots are non-
residential in the area designated for Professional Medical Facilities. Ten of the lots are
in the 1 - 2 acre range; the eleventh lot is just under 1/2acre in size.
The preliminary plat for this phase was approved by the city council on November 15,
1999 subject to ten conditions. All of the *infrastructure for Phases I through IV of the
Buffalo Commons development including water and sewer services, roadways and
utilities were installed during previous development . Several final plats have
previously been filed and this phase will complete the final platting process for Buffalo
Commons.
Buffalo Commons was approved as a Planned Unit Development and as such is
subject to a development agreement with the City of Kalispell executed in July of
1995. The overall development plan was subject to access and street locations,
landscaping and the types of uses which would be allowed to occur with the
development. This development agreement also outlines the phasing plan with Phase I
being the single family area within the development located near the east portion of
the site; Phase II to the north has been designated for multifamily development; Phase
III is located to the west of the site along Hwy 93 and is designated for retail,
commercial and office uses while Phase IV is the northerly professional / medical
facilities area and Phase V is the southerly professional / medical facilities area.
RECOMMENDATION: A motion to approve the final plat for Buffalo Commons Phase
5 would be in order.
0
FISCAL EFFECTS. Minor positive impacts once developed.
Providing Community Planning Assistance To:
City of Kalispell * City of Columbia Fails City of Whitefish
Final Plat Approval — Buffalo Commons a Portion of Phase 5
August 8, 2003
Page 2
ALTERNATIVES:
Respectfully submitted,
%4
p,
lw
Thomas R. Jentz
Director
As suggested by the city council.
Report compiled: August 8, 2003
Chris A. Kukulsld
City Manager
Attachments: Letter of transmittal and evaluation of conditions
Final plat application and supporting documents
Final Plat of Buffalo Commons of Phase 5
August 12, 2003
Page 4 of 4
Thomas R. Jentz
Director
TRJ/sm
Attachments: I opaque Mylar of final plat
1 reproducible Mylar of final plat
1 copy of final plat
Ltr from David Greer dated 8/4/03
Final plat application dated 3/10/03
Letter from Robert Peccia &, Associates dated 9/22/01 (5 pages)
Letter from DEQ dated 4/12/01 (EQ 0 1-2116)
Title report from Chicago Title Insurance Company dated 7/18/03
Treasurers Certification dated 7/22/03
c: David Greer, 1867 Ashley Lake Rd., Kalispell, MT 59904
Jim Oliverson, NWHC, 310 Sunnyview Lane, Kalispell, MT 59901
Theresa White, Kalispell City Clerk
Tri-City Planning Office
i'T Second Street East -Suite 211
Kalispell, Montana 59901
August 12, 2003
Chris Kukulsl i, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final flat Approval - Buffalo Commons Phase 5
Dear Chris:
Phone: (406) 751-1850
Pax: (406) 751-1 S 5 8
tricit ce nturytel,net
wv w tricityplanning-mt.corn
This is a request for final plat approval of an 11 -lot subdivision in the Buffalo Commons
development containing approximately 15.09 acres. Five of the lots front on the newly
modified Sunny view Lane segment and the remaining six lots front on Heritage way. All of
these lots are currently undeveloped and are intended to be conveyed for development in the
future. This subdivision plat falls under the Buffalo Commons Planned Unit Development. All
11 lots are non-residential in the area designated for Professional Medical Facilities. Ten of
the lots are in the 1 2 acre range; the 11 th lot is just under �/2 acre in size. A development
agreement with the City of Kalispell was executed in 1995. All of the required infrastructure
for the subdivision such as the water, sewer, roads and utilities was previously installed and
have been accepted by the City of Kalispell.
The preliminary plat for this subdivision was approved by the Kalispell City Council on
November 15, 1999 subject to 10 conditions. Several of these conditions relate to the
development of other areas within the Buffalo Commons development, and are not applicable
to this plat. The following is a list of the conditions of preliminary plat approval and a
discussion of hover they have been met or otherwise addressed.
COMPLIANCE WITH CONDITIONS OF APPROVAL
Condition No. 1. Development of the subdivision will be platted in substantial compliance
with the approved preliam.in ary plat which shall govern the general location of the lots,
easements and roadways.
This condition has been met. 'These lots were indicated on the preliminary plat and are in
substantial compliance with the approved plat. Please note that the re -location of Sunny
View Lane and the associated SILK did alter the original 1999 design by pushing the 11 lots
more northerly and eliminating the need for a cul-de-sac however the general integrity of
the subdivision was maintained.
Condition No. 2e That the roadways within the subdivision shall be constructed in
accordance with. the City of Kalispell's Standards for Design and. Construction Standards
which includes the pavement, curbs, gutters, sidewalks and drainage system. A letter from
the Kalispell Public works Department shall be required stating that the improvements have
been installed according to the required specifications at the time of final plat approval..
Providing Community Planning Assistance To:
■ City of Kalispell ■ City of Columbia Falls ■ City of Whitefish •
Final Plat of Buffalo Commons of Phase 5
August 12, 2003
Page 2 of 4
This condition has been met. All of the required infrastructure such as roads, curb, gutter,
sidewalks, water, sewer and drainage have been reviewed and approved by the City of
Kalispell Public works Department when the roadways and related infrastructure were
previous accepted by the City in the platting of previous phases of Buffalo Commons.
Additionally, a letter from Robert Peccia and Associates certifying the improvements has
been submitted with the final plat.
Condition No. 3. That sidewalks shall be constructed on the north side of the Sunnyview
Lane neat to the property boundary with a minimum 5-foot boulevard space between the
sideway and roadway prior to filing Phase V.
This condition has been met. Sidewalks were part of the Sunnyview SID and verified per
site inspection and per letter from Peccia and Associates dated. 9--22.01 certifying
compliance.
Condition No. 4. Installation of curb and gutter on the north side of Sunnyview Lane for
Phase v, or posting a bond for said curb and gutter, or waiving the right to protest a special
improvements district for the same shall be required in conjunction with the final plat of
Phase V.
• This condition has been met. Curb and gutter were part of the Sunnyview SID and verified
per site inspection and per letter from Peccia and Associates dated 9-22-01 certifying
compliance.
Condition No. 5. That approach permits for the required road construction at Heritage way
and Sunnyview Lane be obtained from the Kalispell Public works Department.
* This condition was met as part of the Sunnyview SID project.
Condition. No. 6. That all 'water and sewer service plans and specifications shall be reviewed
and approved by the Department of Environmental Quality and the Kalispell Public warps
Department.
• This condition has been. met. The water and sewer improvements for Phase 5 have been
approved by the city and DBQ . Copies of the DBQ certification and the engineer's
certification are attached.
Condition No. 7. That a letter from. the Kalispell fire chief approving the location and
placement of the fire hydrants within the subdivision shall be submitted with the final. plat.
* This condition was met as part of the Sunnyview SID project which has been completed
and accepted by the city.
Condition No. S. That areas be landscaped according to the specifications outlined in the
development agreement with the City of Kalispell. All utilities shall be installed underground.
Final Plat of Buffalo Commons of Phase 5
August 12, 2003
Page 3 of 4
■ This condition has been met for this area per site inspection and as part of the Sunnyview
SID project.
Condition No. 9. A storm water drainage plan . which incorporates the drainage easements
indicated on the preliminary plat, along with a grading plan., shall be reviewed and approved
by the City of Kalispell prior to the filing of Phase V.
• This condition has been met. Storm crater drainage was part of the Sunnyview SID #343
and per letter from Peccia and .Associates dated 9.22-01 certifying compliance.
Condition No. 10. The parking lot on the north side of Sunnyview Lane and the proposed
temporary expansion of the parking lot must be brought into full conformance with the
Kalispell Zoning Ordinance with the infrastructure for Buffalo Commons is developed prior to
filing Phase V.
• This condition has beers. met. Parking has been relocated to the campus of KRMC. on the
south side of the re -aligned Sunnyview Lane.
_t...._... :JW1V
The final plat is in compliance with the preliminary plat which was reviewed and approved by
the city council on November 15, 1999.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS.
This subdivision plat is In compliance with the State and City Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision is in compliance with the Kalispell Zoning Ordinance and the Planned Unit
Development which governs the dimensional requirements of the lots within the subdivision
and well as the uses within the various areas of the development.
..All of the conditions of preliminary plat approval have been met or otherwise adequately
addressed. The staff would recommend that the Kalispell City Council approve the final plat
for this subdivision.. Please schedule this matter for the regular City Council meeting of
.August 18, 2003.
Sincerely,
David M Greer
1867 Ashley Lake Rd * Kalispell, MT 59901
406.756.9099 davesden@digisys.net
August 4,2003
Narda Wilson
Senior Planner
17 Second St East
Kalispell, MT 59901
RE: Final Plat Application — Phase 5, Buffalo Commons
Dear Narda:
Attached is the final plat application for Phase 5 of Buffalo Commons. The final layout of Phase 5
is a reflection of three previous land use actions by the city council. The preliminary plat was
approved (11/15/1999) prior to the relocation of Sunnyview Lane. The reconfiguration of
Sunnyview Lane was approved pursuant to a conditional use permit (CUP) issued for Kalispell
Regional Medical Center on June 5, 2000. A certificate of Survey (#14661) was recorded in June
2001 to dedicate the new alignment of Sunnyview Lane and the extension of Heritage Way, This
survey was recorded to facilitate the construction of those roads with financing from a Special
Improvement District. In compliance with the CUP, a two -lot subdivision (Kalispell Regional
Medical Center) was platted (October 2001) to demonstrate compliance with the site plan of the
CUP and to create a more "logical" legal description for the hospital campus.
Accordingly, the lots of Phase 5 have been squeezed to the north and have been decreased in
size to reflect the new alignment of Sunnyview Lane. Non -the -less, the resultant lots remain in
substantial compliance with the preliminary plat. The final plat area is almost 8 acres less than the
lot area of the preliminary plat and the number of lots remain the same. The cul-de-sac shown on
the preliminary plat has been eliminated due to a change in realignment of Heritage Way.
We look forward to your earliest review and approval of this final plat. Please let me know if you
need any other information.
Respectfully submitted,
David M Greer, AICP
attachments: final plat
application
fee
title report
tax certification
DECK approval
Engineer Certification statement
REC:EVIED
IPMI
Buffalo Commons, Phase 5
Narrative Response to Conditions of Preliminary Plat
City Resolution No. 4520
1. Development of the subdivision shall be platted in substantial compliance with the
approved Preliminary Flat ..................
All of the lots in Phase 3 and 4 have been platted. The roads in Phase 5 have been
adjusted since the preliminary plat based upon the issuance of a CUP for Kalispell
Regional Medical Center and the filing of a COS to define a new alignment for the
extension of Heritage way and Sunnyview Dane. The number of lots in Phase 5 is
consistent with the preliminary plat but are smaller due to the realignment of
Sunnyview Dane.
2. That the roadways within the subdivision shall be constructed in accordance with the
City of Kalispell's Standards for Design and Construction...............
The roads in Phase 5 were constructed to city standards under the specifications of
a city sponsored special improvement district.
3. That sidewalks shall be installed on the north side of Sunnyview Lane for Phase v next
to the property with
wwr...wwr...rr.wrwwwww.
Sidewalks have been constructed on both sides of Sunnyview Dane and Heritage
Way.
4. Installation of curb and gutter on the north side of Sunnyview Dane for Phase v, or
posting a bond...........
Curb and gutter parallel both sides of Sunnyview Dane and Heritage Way. An SID
was created to fund the roadway improvements.
5. That approach permits for the required construction at Heritage way and Sunnyview
Dane be obtained.......
This condition was satisfied when the roads were constructed with a city approved
SID.
6. That all water and sewer service plans and specifications shall be reviewed and
approved by the ...... w. w
The water and sewer improvements for Phase 5 have been approved by the City and
DEQ. Copies of the DEQ approval and engineer certification are attached with this
application.
7. That a letter from the Kalispell Fire Chief approving the location and placement of fire
hydrants.......... 00 00
Each hydrant was located to serve a 350-foot radius and the entire area of Phase 5 has
overlap with this radius. The locations were reviewed with the KRMC Master
Plan. -Site Development Issues, April 10, 2000. The hydrants were installed
concurrent with the construction of the internal roadways.
S . That areas he landscaped according to the specifications outlined in the development
agreement......
Boulevard trees are planted along the new road alignments and all utilities are
installed and underground. The final irrigation and landscaping of the boulevards
and parking areas adjacent to Health Center Northwest are underway at the current
time.
9. A storm water drainage plan which incorporates the drainage easements indicated on
the preliminary plat.........
An engineered storm water drainage system has been completed for 5 in accordance
to the designs approved for SID#343.
10. The parking lot on the north side of Sunnyview Lane and the proposed temporary
expansion.............
Parking has been relocated to the campus of KRMC, south of the realigned
Sunnyview Lane. Available parking for KRMC, following completion of the
medical campus facilities, exceeds the number of spaces required in the KRMC CUP.
Tri-City Planning Office
17 Second street East
Kalis ell, MT 59901
FINAL PLAT APPLICATION
Subdivision
Name: Buffalo Commons Phase 5
Contact Person:
Name: David M. Greer
Address: 1867 Ashley Lake Rd
Kaliell, MT 59904
.Phone No.: 406-756.9099
Date of Preliminary Plat Approval:
Type subdivision: I Residential
No, of Lots Proposed:
Land in Lots: (ac.)
Owner:
Jim Oliverson, NWHC
. . . . ................................ --------------- -
310 Su n nyview Lane
Kalispell, MT 59901
405.752.1724
15 November 1999
Industrial I Commercial WUQM Other
11 Park Land (ac.):
15.09 Cash -in -lieu:
PU D/Jon-residential
FILING FEE ATTACHED: $775-00
NOT
ATTACHED APPLICABLE
4X
Health Department Certification
Title Report
Tax Certification
Consent(s)to Plat
Sub. Improvements Agreement
Parkland cash -in -Lieu
Recorded Covenants
Recorded Homeowners By-Laws/Articles of Incorporation
Plats
RECEIVED
At
a
r,,
U U
Flat must be signed by all owners of record, the surveyor and 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
shall be submitted. Blanket statements stating, for example, "all improvements are in
place" are not acceptable.
A complete final application must be submitted no less than 30 days prior to expiration
date of preliminary plat.
When all final plat materials are submitted to the F . R. D.O. 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 final 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.
certify that all information submitted is true, accurate and complete. I understand that
incomplete information will be not accepted and that false information will delay the
application and may invalidate any approval. The signing of this application signifies
approval for F.R.D.O. staff to be present on the property for routine monitoring and
inspection during the approval and development process.
F'
Owner signature
3/17/03
Date
K
�E1lT
• a° �v CERTIFICATION OF COMPLIANCE
�d" WITH PLANS & SPECIFICATIONS
SUNNYVIEW LANE & HERITAGE WAY
a4ss0��pSSID #343
SEPTEMBER 2212001
In accordance with Resolution No. 4520 (a resolution approving the Preliminary
Plat of Buffalo Commons Phase III, IV, & v, Flathead County):
As of this date the roadways in SID #343 have been constructed. to City of Kalispell
Standards for Design and Construction.
These roads include Sunnyview Dane from Highway 93 east to the intersection with
-lacier view Drive, and Heritage way from the intersection of windward way
south to Sunnyview Dane.
The roads include asphalt pavement, curb and gutter, sidewalks, and a storm
drainage system.
By copy of this Certificate a letter is requested prior to Final Plat approval of the
feKai is ell Public works De artment stating that the irn rovements have been
installed accordinp, to the required s ecifications.
L.-�
Engineer:
Rob is s
Philip Porrini, P.E.
Project Manager
F:151TEDE''\NWHC\PHA,SE5NCDN5TADMXCERI_roads.doe
4��ERT pEcc�'�
� � l
SEPTEMBER. 22, 200
In accordance with Resolution 4520 (a resolution approving the Preliminary Plat of
Buffalo Commons Phase III, Iv, & v, Flathead County):
Section II:
2. See attached certification of roadways within the subdivision being constructed in
accordance with City of Kalispell standards.
5.
Road construction for the extension of Heritage way and the relocation of
Sunny view Lane have been reviewed and approved by the Kalispell Public works
Department. Individual dual approach roach permits will be submitted to serve each development
p
along these roads.
See attached letters from the Montana Department of Environmental Quality and
6. .
the City p of Kalispell approving the water and sewer extensions for this development.
7. The positioning of the existing and proposed Fire Hydrants for this area were
p g
addressed in the Kalispell Regional Medical Center Master Plan -- Site Development
Issues April 10, 2000. An attached drawing shows each fire hydrant and a 350 ft radius
circle. The entire development area is covered by one or more hydrants.
8. A g
n landscap iplan is being prepared by Bruce Boody, ASI....A for the areas
surrounding proposed the Kalispell Surgical and Diagnostic Center (fanner known as
LLC) 7
p 9. g
A storm water drainage plan has been reviewed and approved by the City of
Kalispell. The attacheplan lan is being incorporated into the construction of SID#�343
p
10. A parking plan has been prepared. The attached drawing indicates the existing
(490 spaces, including the unmarked 100 spaces in the temporary lot northwest of
Sunnyview Lane) and proposed parking spaces. The total future parking (746 spaces)
exceeds the number proposed in the Master Plan (652 spaces) and greatly exceeds the
minimum parking required (376 spaces).
R.o ci a & fates
Philip Porrini, P.E.
Project Manager
F:IS ITEDF,V\NiWHC\PH A SES1CO NS TADMICERT-i nc i. doc
r
CIVIL
TRANSPORTATION
ENVIRONMENTAL
ENGINEERS
P.O. Box 5653
825 Custer Avenue
Selena, Montana 59601
06)447-5000
AX (466)447-5036
www.rpa-hln.ccm
October 25, 2002
Walter M. Louder, Environmental Engineer Specialist
Department of Environmental Quality
Permitting and Compliance Division
109 Cooperative way
Suite 105
Kalispell, MT 59901-2389
R.e. City of Kalispell SID #343
Dear Max
The referenced Rwas started by A-1 Paving Company in June 2001 and
project
was substantially complete in November 2001. Final payment was recently
p
rocessed in October 2002 to complete this project in its entirety. The project
was inspected and was found to be in accordance with the approved plans and
specifications. Attached is a set of "As Built" drawings stamped and signed by
the Engineer of record, as they pertain to the site development for the above
cited project.
Water, sewer, and storrn drain testing was performed in accordance with the
Contract Specifications and accepted as noted on the attached sheet.
If you have any questions please let me know.
Sincerely,
ROBERT P:ECCIA AND ASSOCIATES
Philip Porrini, P.B.
Project Manager
cc: Jim Hansz, City Engineer, City of Kalispell Public Forks Department
(one set As Built Drawings + construction photographs)
F:SMDEVINi HCIPHASEV1CORRFSPDIDEQTSTSUM
City of Kalispell SID #343
Water Line / Services Testing
Hydrostatic Tests — Technical Spec 021713
Water Line .A (west Half)- Test accepted 07/ 12/01
Water Line A (Bast Half)- Test accepted 07/ 16/01
Water Line B- Test accepted 0712/01
ON A
Bacterial testing was acceptable on all samples taken. Samples were taken on 07111 /01 in two
locations flat at hydrant # 1 and #2 at hydrant #6.
Bacterial testing was acceptable on all samples taken. Samples taken on water Line A on
07/ 17101 in three locations at .hydrants 4,5, and 6.
Sewer Line 1 Services Testing- Technical Spec 02/722
Leaky e Tests Deflection Tests" Ali went rhtj Tests
D7- Accepted 07/ 11/01 Accepted 07/ 17.102 Accepted 07/ 11/01
D8
D8- Accepted 07/ 11 /01 Accepted 07/ 17/02 Accepted 07/ 11/01
D9
D9- Accepted 07/ 11/01 Accepted 07/16/02 Accepted 07/ 11/01
D10
D 10- Accepted 07/ 11101 Accepted 07/ 16/02 Accepted 07/ 11101
D11
D 12-
Accepted 07/ 11101
Accepted 07/ 16/02
Accepted 07/ 11/01
D13
DO-
Accepted 07/ 11/01
Accepted 07/ 16/02
Accepted 07/ 11101
D14
D 13-
Accepted 07/ 11/01
Accepted 07/ 16/02
Accepted 07/ 11/01
D15
D8-
Accepted 07/ 11/01
Accepted 07/ 17/02
Accepted 071' 11l01
F 1
F 1-
Accepted 07/ l l /01
Accepted 07/ 17/02
Accepted 07/ 11/01
F2
E+
P2- Accepted 07/ 11/01 Accepted 07/ 17/02 Accepted 07/ 11/01
P3
F3- Accepted 07/ 11/01 Accepted 07/ 17/02 Accepted 07/ 11/01
P4
B4- Accepted 07/ 11/01 Accepted 07/ 17/02 Accepted 07/ 11/01
F5
* Leakage tests on manholes D9-D 15 were performed on 07/ 16101- all tested satisfactory.
* Leakage tests on manholes D7-D8-F5 were performed on 07/17/01- all tested satisfactory.
** Grade Tests (water Ponding) were made after all deflection test- all tested satisfactory.
All tests performed in the presence of the contractor or sub -contractor.
Stonn Drain Testing. Technical Spec 02/721
Ali nrnent (Light) ht Tests
Storm Drain Line A- Accepted 07/17/01
Storm Drain Line B _ Accepted 07/17101
C
Philip P. Porrini April 1.2, 2001
Robert Peccia & Associates
825 Custer .Ave
P.o.Box 5653
Helena, MT 59604
Re: ECG 01-2116, Buffalo Commons Water/Sewer Extension
Dear Phil:
Plans and specifications and Certified Check Lists submitted on April 12, 2001 with respect to the above
referenced project have been reviewed in accordance with Department design standard DEQ-1 and DEQ-
21 1999 edition. At this time the plans submitted on have been found to meet the requirements of the
design standards.
This project, consisting of approximately 2500 feet of 12-inch water main and 2600 feet of 8-inch
sewer main extensions is, located in Flathead County, Montana. Project plans, specifications and
certified checklists were submitted by Philip P . Porrini, P . E . # 4371E . Approval is 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 designer shall certify in writing to the Department that the project was installed in accordance
with the plans and specifications approved by the Department. As -built record drawings shall also be
submitted at this time.
The review of this application was performed to ensure that the design meets Department of
Environmental Quality minimum design standards. The department does not warrant the design,
performance or structural integrity of the project by issuance of this approval statement. This approval is
given with the understanding that the improvements will be constructed and operated in a manner
consistent with the approved plans, specifications, and department regulations. Failure to construct or
operate the system accordingly may be considered a violation of the conditions of this approval.
Plans and specifications must be resubmitted for review and re -approval if construction is not
completed within three years of the date of this letter. Thank you for your efforts to meet our
requirements. If there is anything I can do to answer questions or assist in the future, please do not
hesitate to call me at 755-8985.
ce Division - P12nnin-&, Prevention & Assistance Division - Remediation Divisi
10, A
cc: Flathead County Sanitarian
City of Kalispell
Helena PWSS plan review files
Kalispell PWSS plan review files
1 RELI.MINARY SUBDIVISION CERTIFICATE OF TITLE
To the County of
Policy No. 7208926= 1164
REPLACES 7208926-1142
CHICAGO TITLE INSURANCE COMPANY
Flathead
.. . . . . .. ............... --
and the City of K a l i spel I in Montana
CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laves of the State
of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in
Montana hereby certifies that from its examination of these public records which impart constructive notice of
matters affecting the title to the real estate described in Schedule A hereof, as of the 18th day of
Jul y , 2 0 0 3 , at 5 o'clock P.M. , the title to the described real estate was indefeasibly vested in fee
simple of record in: N Healthcare hCar� Corporation,
Northwest eat
A Fontana Corporation
subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof.
The maximum liability of the undersigned under this certificate is limited to the sure of $ 1 o , 000 - o0
This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and
for the use of the County and City above named.
7.
Author' .-d Signatory
CHICAGO TITLE INSURANCE COMPANY
f/
BY axyll, r
ATTEST
Secretary
Reorder Form No. 9113 (Reprinted I2/00) Preliminary Subdivision Certificate of Title
For Use In Montana
SCHEDULE A
Page 2 Certificate No.: 7208926-1164 replaces 7208926-1142
Our File No.: CG-34994
Being the legal description of the real estate covered by this certificate.
The following -described parcels of real estate:
That portion of Government Lots 5, 6, 8 and 13, Section 6, Township 28 North, Range 21 West,
Principal Meridian, Flathead County, Montana described as follows:
BED at a point that bears South 89'05'39" West a distance of 858.32 feet from the
Northeast comer of Government Lot 13, Section 6, Township 28 North, Range 21 West;
thence
South 01'00'42" East a distance of 310.22 feet; thence
North 88'59'3 1 " East a distance of 278.53 feet; thence
South 52'43'33" East a distance of 82.11 feet; thence
South 02'54'08" West a distance of 396.35 feet; thence
South 87005'40" East a distance of 80.47 feet; thence
South 03'00'49" West a distance of 280.09 feet; thence
South 75'33'03" East a distance of 57.03 feet to the beginning of an 81.00 foot radius curve
concave Easterly having a radial bearing of South 45'03'19" East; thence along said
curve through a central angle of 38'55'40" an arc length of 55.03 feet; thence
South 05'09'22" East a distance of 25.63 feet; thence
South 03'01'38" West a distance of 76.46 feet to the Northerly fight -of -way line of Sunny View
Lane, a 60.00 foot city street and to a point on a 170.00 foot radius curve concave
Northeasterly having a radial bearing of North 2 1'24'13" East; thence along said
Northerly right-of-way line of said Sunny View Lane, along the Easterly and Southerly
right-of-way line of Heritage Way, a 60.00 foot city street and along the Easterly right-of-
way line of Windward Way, a 60.00 foot city street, the following fourteen courses: along
said curve through a central angle of 44'56'43" an arc length of 133.36 feet,
North 23039'04" West a distance of 133.68 feet to the beginning of a 350.00 foot radius curve to
the left concave Southerly, along said curve through a central angle of 84'11'39" an arc
length of 514.31 feet to the beginning of a 25.00 foot radius curve to the right concave
Northeasterly, along said curve through a central angle of 81'33'59" an arc length of
35-59 feet,
North 26016'43" West a distance of 28.74 feet to the beginning of a 50-00 foot radius curve to
the right concave Easterly, along said curve through a central angle of 47'23'23" an arc
length of 41.36 feet,
North 21006'39" East a distance of 126.29 feet to the beginning of a 307-00 foot radius curve to
the left concave Southwesterly, along said curve through a central angle of 106'40'05" an
arc length of 571.54 feet,
North 85033'26" West a distance of 253.02 feet to the beginning of a 25.00 foot radius curve to
the right concave Northeasterly, along said curve through a central angle 89057'57" an
arc length of 39-26 feet,
North 04024'3 1 " East a distance of 66.05 feet to the beginning of a 220.00 foot radius curve to
the right concave Easterly, along said curve through a central angle of 44' 18'40" an arc
length of 170.14 feet,
North 48'43'11" East a distance of 55.99 feet to the beginning of a 530.00 foot radius curve to
the left concave Northwesterly, and along said curve through a central angle of 08'08'28"
an arc length of 75.31 feet; thence
South 18'06'5 1 " East a distance of 148.56 feet; thence
South 5 8'42'00" East a distance of 113.74 feet; thence
South 76'52'16" East a distance of 165.28 feet; thence
North 72'00'21" East a distance of 219.17 feet to the Point of Beginning.
BEGINNING at a point that bears South 79'22'49" East a distance of 1149.56 feet from the
Northwest comer of Government Lot 6, Section 6, Township 28 North, Range 21 West
and a point on the Southerly right-of-way line of Heritage Way, a 60.00 foot city street;
thence along the Southerly and Westerly right-of-way line of Heritage Way and along the
Northerly right-of-way line of Sunny View Lane, a 60.00 foot city street, the following
ten courses:
South 85'33'26" East a distance of 49.17 feet to the beginning of a 247.00 foot radius curve to
the right concave Southwesterly, along said curve through a central angle of 106'40'05"
an arc length of 459.84 feet,
South 2 1'06'39" West a distance of 126.29 feet to the beginning of a 110.00 foot radius curve to
the left concave Easterly, along said curve through a central angle of 47'23'22" an arc
length of 90.98 feet,
South 26'16'43" East a distance of 28.75 feet to the beginning of a 25.00 foot radius curve to the
right concave Westerly, along said curve through a central angle of 81 '3 3'5 9" an arc
length of 35.59 feet to the beginning of a 350.00 foot radius reverse curve concave
Southeasterly, along said curve through a central angle of 34'10'38" an arc length of
208-78 feet'.
South 21'06'37" West a distance of 186.77 feet to the beginning of an 80.00 foot radius curve to
the right concave Northwesterly, along said curve through central angle of 62'02'25" an
arc length of 86.62 feet and
South 89'10'49" West a distance of 16.60 feet thence
North 03003 " 16" East a distance of 990.71 feet to the Point of Beginning.
To be known as: BUFFALO COMMONS PHASE 5
Page 3 Certificate No.: 7208926-1164 replaces 7208926-1142
Our File No.: CCU-34994
Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections
whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or
inheritance, or assessments of whatever nature), or encumbrances; and all other matters
whatsoever affecting said premises, or the estate, right, title, or interest of the record owners,
which now do exist of record.
1. Property taxes for the second half of the year 2002.
2. Property taxes, including any assessments collected with the taxes, for the year 2003.
3. Mineral rights, claims or title to minerals in or under said land, including but not limited to
metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other
rights relating thereto, whether express or implied, recorded or unrecorded.
4. Delinquent water and sewer charges of the City of Kalispell, if any.
5. Rights of way for ditches, tunnels, and telephone and transmission lines constructed, or to be
constructed, by the authority of the United States, as over land now or previously vested in
the State of Montana, as granted to the United States under the provisions of the Statutes.
(Ch. 535 L 1905) (portions of Tract I and all of Tract 2)
6. Easement for transmission line and related purposes granted Pacific Power & Light
Company, a corporation, recorded December 18, 1956 under Recorder's Fee #8290 in Book
389, page 588, records of Flathead County, Montana.
7. Terms and provisions contained in right of way easement for underground water main and
related purposes granted in instrument recorded December 29, 1961 under Recorder's Fee
#9039, in Book 443, page 630, records of Flathead County, Montana.
8. Terms and provisions contained in right of way easement for underground water main and
related purposes granted in instrument recorded December 29, 1961 under Recorder's Fee
#9040, in Book 443, page 632, records of Flathead County, Montana.
9. Terms and provisions contained in right of way easement for underground water and sewer
mains and related purposes granted in instrument recorded December 29, 1961 under
Recorder's Fee #9040, in Book 443, page 632, records of Flathead County, Montana.
to,
10. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers,
obligations, liens or charges as provided therein, but omitting any covenant or restriction
based on race, color, religion, sex, handicap, familial status or national origin, unless and
only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the
United States Code or (b) relates to handicap but does not discriminate against handicapped
persons, recorded July 10, 1980 under Recorder's Fee #8632, in Book 696, page 111, records
of Flathead County, Montana, and any amendments thereto, including but not limited to the
following amendments: None
11. Easement for transmission line and related purposes granted Northwestern Telephone
Systems, Inc., by instrument recorded December 17, 1980 under Recorder's Fee # 1805 6, in
Book 707, page 361, records of Flathead County, Montana.
12. Resolution No. 4174 regarding annexation and zoning recorded November 14, 1994 as
Document #9431814340, records of Flathead County, Montana.
13. Resolution No. 1114 regarding the vacated plat of Buffalo Hill Apartment and Commercial,
Addition 84 and Lots 3, 4, 5, 6 and 7 of Grandview Heights Addition No. I filed August 15,
1995 as Document #9522712050, records of Flathead County, Montana.
14. Ordinance No. 1226 regarding a planned unit development recorded October 3, 1995 as
Document #9527615080, records of Flathead County, Montana.
15. Terms and provisions contained in Grant of Conditional Use recorded June 8, 2000 as
Document #200016014490 and Amendment recorded July 10, 2000 as Document
#200019211260, records of Flathead County, Montana.
16. Ordinance No. 1276 regarding amendment to Declaration of Covenants, Conditions, and
Restrictions, recorded February 24, 1998 as Document # 199 8 0 5 5 12210, records of Flathead
County, Montana.
17. Ordinance No. 1281 regarding vacated Declaration of Covenants, Conditions and
Restrictions, recorded February 24, 1998 as Document #199805512220, records of Flathead
County, Montana.
18. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers,
obligations, liens or charges as provided therein, but omitting any covenant or restriction
based on race, color, religion, sew, handicap, familial status or national origin, unless and
only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the
United States Code or (b) relates to handicap but does not discriminate against handicapped
persons, recorded February 24, 1998 as Document #199805512230, records of Flathead
County, Montana, and any amendments thereto, including but not limited to the following
amendments: Amendment recorded September 29, 2000 as Document #200027311080 and
amendment recorded December 26, 2001 as Document #200136015330, records of Flathead
County, Montana.
19. Easement for transmission line and related purposes granted Flathead Electric Cooperative,
Inc., by instrument recorded January 8, 2003 as Document #200300808170, records of
Flathead County, Montana.
20. Certificate of parkland, utility easement, 10 foot utility easement and 20 foot utility
easements as shown on the unrecorded Plat of Buffalo Commons Phase 5.
21. No search has been made for water rights and unpatented mining claims, and liability
thereon is excluded from coverage of this Certificate.
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(40G) 75 8-5 510
This Form is for Subdivisions & Condol-nillifflIls OtIIY
"(F-ARS M-SESSOR
1993 Ti- RU
I t1(j tc-i)((-'�S 011 OIC! 1)1'( , )P( . '11 - t� I hereby Certify that thew, tive no outstam -I*I
assigned the assessor nurnbers listed tibov(!, lot- the Y(NII-S h1dic(Ited for
(--ach assessor nutribeir.
UL 2 2 2003
wiptity Treasm-er
(seal)
2ik
AA
COMMONS -WAY
18 1A
5c
+
COMMON AREA
BUFFALO COMMONS
�
E'
COMMONS L �
- � 4
31
X
.31
15 � 7
°" '4
���
5AA -
s
5�
.� 7ET +
U01,
Iwo
r
rr
.
1
3 7
1 2 . .
2
Comm s Wxy
7
..
O
r
iI
S
10 !
r
9
.4
C,
-"AGEHERfl,
Fl
PAW
1-4
3
.r,_....r....
COMMON AREk
_ ............ _....... -...,
UN
J
tEN
7 ; i
WAY
GR
��
T ,ax t#
i 1%
t
HERITAGE HM9
�
IW
� t" �
t
HALT# �
3 �
Lot
CENTER
D 161 1
a5ABB '5ABH
MERIDIAN F t
+Lot
SIMMONS ADD
.13
LW A N.
Rfu8
Hsu U) 7EE + + L I AM D
SvNW,�qE*� LX
L t
d:)
RESUS
Lrl
5
f
7E+
u t 5F+
5F+
L "_.
`......" SON AREA7EF
RE
NAL
AMD
NO. 14
MEDICAL CENTER
�
HAil,..
a 3A�.
AWE.
6EF
HALL
OWAY D
� 113
V 1 2
COW" ma
7
CON
68 +
ADD. No. 82
LO
HIGH%Aw
14
�.
5}PMESTOrr
-
i
■ �
~
cW0
�
I A
'T
Ze
li!
BERTd� AMD jp�� of �4.�T
�p�L ,
AD
2.
3A 3 & LA 41) PARK
4A
A]
k 7FH
.... ....-
n TRT A f 1� 4✓ rl ! -i S.� R P ifA P ter+ E L r �� 0
� , #- �y Y}- _ jr, E C -� � f CCU RACY
R...! �l..w.�:._�d i 0i is 1.:�i..Jf 1...
t /'1
r
_ t i i .
' , SNO yr» - �fr I _
/"�
'1 ',q 00C U RR N G BY
R•terl =bO• 4 i •n •.S.. xa
'µi ,.. • a..s >