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I2. Ord 1838 - Sulewski Zoning1131111?00khkb -0000) CITY OF KALISPELL Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KZC-20-01 — Sulewski Zone Change MEETING DATE: March 2, 2020 BACKGROUND: This matter is a request from Sandra Sulewski to rezone property currently zoned R-3 (Residential) to B-1 (Neighborhood Business). The property is currently used for residential purposes and there are no specific development plans at this time. Most of the properties fronting along the west side of North Meridian in the vicinity are also zoned B-1, with residential zoning to the west and primarily commercial/industrial zoning along the east side of the road. The property is located at 1260 North Meridian Road and can be more particularly described as Lot 17, Block 1 of Northwest Tracts, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder, Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on February 11, 2020, to consider the zone change request. Staff presented staff report KZC-20-01 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend to the Council that the request be granted. There being no public testimony, the public hearing was closed and a motion was presented to adopt staff report KZC-20-01 as findings of fact and recommend to the Kalispell City Council that the zoning for the property be changed to B-1 (Neighborhood Business). Board discussion concluded that the request was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1838, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by rezoning certain real property described as Lot 17, Block 1 of Northwest Tracts to City B-1 in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1838 February 11, 2020, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1838 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS LOT 17, BLOCK 1 OF NORTHWEST TRACTS, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED R-3, RESIDENTIAL) TO B-1 (NEIGHBORHOOD BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Sandra Sulewski, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-1, on approximately 0.93 acres of land; and WHEREAS, the property is located at 1260 North Meridian Road; and WHEREAS, Sulewski's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-20-01, dated February 5, 2020, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Business, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-1, Neighborhood Business, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy Plan -It 2035 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-20-01. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance (Ordinance No. 1677) is hereby amended by designating the property described above as B-1, Neighborhood Business, on approximately 0.93 acres of land. SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 3. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF MARCH, 2020. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMIVIISSION NIINUTES OF REGULAR MEETING February 11, 2020 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Kurt Vomfell, Rory Young, Doug Kauffman, Ronalee Skees and George Giavasis. Joshua Borgardt was absent. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Vomfell moved and Skees seconded a motion to approve the minutes of the January 14, 2020 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KZC-20-01— SANDRA SULEWSKI File #KZC-20-01 - A request from Sandra Sulewski to rezone property ZONE CHANGE currently zoned R-3 (Residential) to B-1 (Neighborhood Business). The property is currently used for residential purposes and there are no specific development plans at this time. Most of the properties fronting along the west side of North Meridian in the vicinity are also zoned B-1, with residential zoning to the west and primarily commercial/industrial zoning along the east side of the road. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KZC-20-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-20-01 as findings of fact and recommend to the Kalispell City Council that the subject property zoned R-3 (Residential) be rezoned to B-1 (Neighborhood Business). BOARD DISCUSSION None. PUBLIC HEARING None. MOTION Vomfell moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-20-01 as findings of fact and recommend to the Kalispell City Council that the subject property zoned R-3 (Residential) be rezoned to B-1 (Neighborhood Business). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KA-19-05 — MDT ANNEXATION File #KA-19-05 — A request from the Montana Department of Transportation for annexation and initial zoning of city RA-1 (Residential Apartment). The property is currently zoned county R-1 (Suburban Residential) and is used for residential purposes. There are no Kalispell City Planning Board Minutes of the meeting of February 11, 2020 Pagel specific development plans at this time. The surrounding area is a mix of R-4 (Residential) and RA-1 zoning. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KA-19-05. Sorensen noted that city utilities do come up Two Mile Drive and stop at the intersection of Two Mile Dr and Greenbriar Dr., they are approximately 120 feet from the northeast corner of the subject property. MDT has no plans to develop the property. The land is excess property that was purchased for the bypass construction and now have plans to sell it. It is within the annexation boundary. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-05 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city RA-1 (Residential Apartment). BOARD DISCUSSION Young asked if the zoning could be either RA-1 or R-4 since the R-4 is the next most contiguous zoning on the property directly to the east. Sorensen confirmed and noted that there is a mix of RA-1 and R-4 in the area so it could be either or. Nygren noted that both zones comply with the growth policy and that an RA-1 zoning does not necessarily mean it will be developed as multi -family, but the option is there if the developer chooses to with an approved conditional use permit. PUBLIC HEARING Dave Hoerning — Land Section Supervisor, Montana Department of Transportation — representing the applicant, offered to answer any questions the board or public may have. Heinz Henke — 122 Greenbriar Dr. — concerned that if large multi -family units were to be developed it would block their views and cause safety issues with increased traffic. Kris Omhret — 130 Greebriar Dr. — would like to see the subject property zoned so that multi -family is not an option of being developed. Colleen Sullivan — 130 Greenbriar Dr. — concerned with increased traffic ifmulti -family is developed and the safety of pedestrian traffic. Nicholas Ramlow — 977 Foys Lake Rd. — commented on his past dealings with MDT and encroachment permits. Bill Yaris — commenting on behalf of his mother, Alice Yaris, who lives at 114 Greenbriar Dr. — she is against multi -family being developed on the subject property. MOTION Kauffman moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-05 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city RA-1 (Residential Apartment). Kalispell City Planning Board Minutes of the meeting of February 11, 2020 Page 12 BOARD DISCUSSION Vomfell asked if there was a feasibility aspect to staff choosing RA-1 zone over R-4 or is RA-1 what MDT specifically requested. Sorensen advised that a lot of the concerns that the public has are somewhat hypothetical at this point and specific impacts of a development will be addressed when the property develops. Right now, we are just looking at the annexation and zoning and making sure it's consistent with the city's growth policy, annexations boundaries, etc. This area is designated as urban residential under the growth policy which is primarily RA-1. Graham noted that he appreciates the annexation of the subject property into the city. He feels it not only protects the property but also ensures that proper building codes are being enforced if the property is ever developed on. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Stillwater Bend was approved by City Council, the trail committee has officially chosen the name for the trail, it will be named Kalispell Parkline. NEW BUSINESS March 10 agenda update — two conditional use permits for apartments as well as a work session for a PUD on Stillwater and Four Mile Drive. ADJOURNMENT The meeting adjourned at approximately 6:45pm. NEXT MEETING The next meeting of the Kalispell Planning Board will be on Tuesday, March 10, 2020 at 6:00 p.m. and is in the Kalispell City Council Chambers, 201 Pt Ave East. Chad Graham President APPROVED as submitted/amended: Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of February 11, 2020 Page13 SANDRA SULEWSKI REQUEST FOR ZONE CHANGE FROM R-3 to B-1 STAFF REPORT #KZC-20-01 KALISPELL PLANNING DEPARTMENT FEBRUARY 11, 2020 The following is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request to change the City of Kalispell Zoning Map from R-3 (Residential) to B-1 (Neighborhood Business) at 1260 North Meridian Road. A public hearing has been scheduled before the Kalispell City Planning Board for February 11, 2020, beginning at 6:00 PM, to consider the zone change request. The planning board will forward a recommendation to the Kalispell City Council for consideration. BACKGROUND INFORMATION This application is a request from Sandra Sulewski to amend the city zoning map from R-3 (Residential) to 13-1 (Neighborhood Business). The property is located at 1260 North Meridian Road (Lot 17, Block 1 of Northwest Tracts). It contains approximately 0.93 acres with a house and cabin along with a detached garage. There are currently no specific development plans for the property. The request will be reviewed in accordance with Chapter 27.29 of the Kalispell Zoning Ordinance. A. Petitioner / Owner: Sandra Sulewski 196 Zimmerman Rd Kalispell, MT 59901 B. Location and Legal Description of Property: The property is located at 1260 North Meridian Road and can be legally described as Lot 17, Block 1 of Northwest Tracts, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder, Flathead County, Montana. C. Existing Land Use and Zoning: The existing use is residential. The property contains both a single-family residence and a cabin, although much of the property is undeveloped. The subject property is currently zoned R-3 (Residential). The Kalispell Zoning Regulations state that the intent of the R-3 zoning district is "to provide areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designated as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map." D. Proposed Zoning: The proposed zoning for the subject property is B-1 (Neighborhood Business). The Kalispell Zoning Regulations state that the B- 1 Zone is: "A business district intended to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. This district would typically serve as a buffer between residential areas and other commercial districts. Development scale and pedestrian orientation are important elements of this district. This district is also intended to provide goods and services at a neighborhood level. The district is not intended for those businesses that require the outdoor display, sale and/or storage of merchandise, outdoor services or operations to accommodate large-scale commercial operations. This zoning district would typically be found in areas designated as neighborhood commercial or urban mixed use on the Kalispell Growth Policy Future Land Use Map." E. Size: The zone change covers a total area of approximately 0.93 acres. F. Adjacent Zoning: North: R-3/B-I East: B-2 South: B-1 West: R-3 OA G. Adjacent Land Uses: North: Single-family residences East: Automotive repair and offices South: Dental office with undeveloped commercial pad to the front West: Single-family residential H. General Land Use Character: The property fronts on North Meridian Road and the character of the neighborhood has a mix of uses. The east side of the road is predominantly commercial, with auto repair, a tire shop, and offices in the immediate vicinity and the UPS facility just to the south, along with some residential use. The west side of the road has a mix of offices, a Centurylink utility yard, and older single-family homes. The strong trend in the neighborhood with frontage along Meridian is towards office/commercial and away from residential. 3 I. Utilities and Public Services: Sewer: City sewer Water: City water Refuse: City collection services Electricity: Flathead Electric Cooperative Telephone: CenturyLink Schools: Kalispell School District #5 - Russell Elementary Fire: Kalispell Fire Department Police: Kalispell Police Department J. Public Comment: Notices of the proposed zone change request were sent to adjacent landowners within 215 feet of the affected areas. To date, no public comments have been received. EVALUATION BASED ON STATUTORY CRITERIA This report evaluates the zoning map amendment request in accordance with state and local regulations. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. The subject property is currently zoned city R-3. The applicant is requesting city B-1. 1. Does the requested zone comply with the growth policy? The proposal is consistent with the goals and policies of the growth policy (Plan -It 2035). The growth policy maps shows those properties fronting on - Kaispell Growth Policy Exhibit North Meridian Road as being urban NDRTH mixed use, which is an appropriate designation for B-1 zoning. Chapter nab Mi.ed 4B on Business and Industry includes High Density Resden[ial a goal to provide buffer areas between wburban Residential incompatible uses. Extending the B-1 ".blic`wsi Wblic, Openzpace zone along the west side of the road 1 r , helps provide that buffer. In addition the policies section of that chapter SUBJECTPROPP which relates to urban mixed use areas calls for zoning to "concentrate more intensive uses along traffic arterials," "expand small business opportunities," and "create a gradual transition into the residential neighborhoods by encouraging multi- family, offices and other compatible uses as a transition tool [along urban highways] ." This proposal serves all of _. those purposes. il 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The requested zoning of 13-1 will have minimal effect on the motorized and non -motorized transportation system. The zone allows for both single- family and multi -family residential uses. As a zone intended to buffer residential areas from higher intensity commercial uses, it also allows offices and smaller scale commercial development. The property has frontage on Meridian Road as well as the possibility of utilizing a common access to Meridian through property on the south. The adjacent road has sufficient capacity to serve uses which may go on the property and specific access design will be reviewed when the property is developed. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the property in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police/fire protection, water and sewer service are available to the property. 4. Will the requested zone promote the public health, safety and general we, 1 fa rP? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed. In this case, the requested zoning classification of 13-1 will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties and those in the vicinity. 5. Will the requested zone provide reasonable provisions for adequate light and air? Setback, height, and lot coverage standards for new development on the area of the zone change are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. The requested B-1 Zone has the same setbacks as the existing R-3 Zone, which are 15 feet in the front, 5 feet on the side, and 10 feet in the rear. The maximum lot coverage requirements are similar with 45% in the R-3 and 50% in the B-1. The proposed 13-1 Zone would allow for additional height beyond the current maximum height of 35 feet, with a maximum height of 60 feet or more with a conditional use permit. 6. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The property is already within city limits and all public services and facilities are currently available to the property. The requested zone will not alter k, any of the public requirements, as there are city standards in place to address all the public requirements individually depending on how the site develops in the future. 7. Will the requested zone promote compatible urban ram? The character of the neighborhood has a mix of different uses. The area to the east has established commercial development with a tire shop, alignment shop, retail, and quasi -industrial (UPS) being the primary uses. The area to the south has offices and the Centurylink utility yard. To the north along Meridian are older single-family residential homes on larger tracts with B-1 zoning already in place setting the stage for further transition of those adjoining properties. The area to the west includes a mix of older residential uses on large tracts with higher density residential that has relatively recently developed or has been proposed. The proposed B-1 zoning for this property would help serve the buffering role between the residential area to the west and the commercial area on Meridian. 8. Does the requested zone give consideration to the character of the district and its particular suitability of the properlyparticular uses? The proposed 13-1 Zone is consistent with surrounding development to the north and the south along North Meridian Road. It is also a logical location for a neighborhood buffer district due to its location between higher intensity commercial to the east and residential areas to the west. The uses and development standards within the 13-1 are designed to provide a transition between those types of uses. The growth policy recognizes the lots fronting on Meridian as an appropriate location for this type of buffer zone. 9. Will the proposed zone conserve the value of buildings? Future development in the area will be reviewed for compliance with the dimensional standards and design review criteria, to ensure its appropriateness for the area and compatibility with the surrounding neighborhoods. The conservation of values of the existing buildings in the vicinity depends largely on the design and construction quality of the potential development in the area of the zone change, as opposed to the change of the zoning or potential use of the property. 10. Will the requested zone encourage the most appropriate use of the land throughout the municipality? The most appropriate land uses throughout the jurisdiction are promoted by encouraging complementary and compatible uses which promote the general well-being of all citizens of the community. In this case, the proposed B-1 Zone is consistent with surrounding development and zoning on the west side of North Meridian Road. It is also a logical location for a neighborhood buffer district due to its location between higher intensity commercial to the east and residential areas to the west. on RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-20-01 as findings of fact and recommend to the Kalispell City Council that the subject property zoned R-3 (Residential) be rezoned to B-1 (Neighborhood Business). 7 ylc Zb-o\ PLANNING POP. THE FUTUR>; M01ff"A Planning Department 201 1-t Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalis ell.com la Etta QED PETITION FOR ZONING MAP AMENDMENT AA� "t.1 `* rT J NAME OF APPLICANT: j ,n c Jv., ch eWS MAIL ADDRESS:/ 7—Vv\�� r\. CITY/STATE/ZIP: v r� !r` 1 PHONE:�� INTEREST IN PROPERTY: OW vt -Q-r PLEASE COMPLETE THE FOLLOWING: A. Address of the property: [ 7-Go B. Legal Description: (Subdivision Name, Lot 8, Block and/or Tract Number (Section, Township, Range) r p 4 (Attach sheet for metes and bounds) C. Land in zone change (ac) f aC' p D. The present zoning of the above property is: - 3 E. The proposed zoning of the above property is: f3 - i F. State the changed or changing conditions that make the proposed amendment necessary: HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy S ri B. Lessening congestion in the streets and providing safe access a ✓�' a -� � Gd c,-C-C&— -<5 -fir, � i U!� �,�U , v� ,� e� � ►� �. c� i �k� Z�l 1 �5JD C. Promoting safety from fire, panic and other dangers + (1 raft " u.�s D. Promoting the public interest, health, comfort, convenience, safety and general welfare e, tk 'P- U P D P Y''1 Q- y1 E. Preventing the overcrowding of land 4-0 e-,�50-r.f- (' P- V — n io)�� � i' ctiC- cwr o C- KS vi F. Avoiding undue concentration of population G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities E H. Giving reasonable consideration to the character of the district k.0 Giving consideration to the peculiar suitability of the property for particular uses Ot S' � i P- Y, J. Protecting and conserving the value of buildings K. Encouraging the most appropriate use of land by assuring orderly growth The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during approval process. (Applicant Signature) (Date) 3 APPLICATION PROCESS APPLICABLE TO ALL ZONING APPLICATIONS• A. Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: Growth Policy compatibility with the application, compatibility of the proposed zone change with surrounding zoning classifications, and the application procedure. B. Application Contents: 1. Completed application form. 2. Petition for zone change signed by the real property owners representing at least 65% of the land area for which the change in zoning classification is sought. 3. A map showing the location and boundaries of the property. 4. A title report of the subject property. S. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to lannin ,kalis ell. com (Please note the maximum file size to email is 20mg) 6. Application fee per schedule below, made payable to the City of Kalispell. Zone Change: Base fee $550.00 For first 80 acres of area of the request add $20/acre For next 81 + acres add $10 / acre PUD Zoning Review: Residential (no subdivision) $750.00 + $105/unit Commercial (no subdivision) $950.00 + $50/acre Residential (with subdivision) $550 + $50/ac Commercial (with subdivision) $750 + $50/ac C. The application must be accepted as complete by the Kalispell Planning staff thirty five [35j.days prior to the date of the planning board meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. 0 GUARANTEE Issued by First American Title Company 219 East Center Street/PO Box 1310, Kalispell, MT 59901 Title Officer: Ted Gigrich Phone: (406)752-5388 FAX (406)752-9617 Form 5010500 (7-1-14) Page 1 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form S010500 (7-1-14) First American Title Guarantee First American Tirle Insurance Cornpany Guarantee race Page -Exclusions, Conditions and Stipulations Guarantee Face Page ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5010500-875075-CT Form 5010500 (7-1-14) Page 2 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances 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 tide 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, tide, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of tide or interest which is adverse to the tide 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 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 tide 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 Gable 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 Form 5010500 (7-1-14) Page 3 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations GUARANTEE CONDITIONS AND STIPULATIONS (Continued) this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection 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 Form 5010500 (7-1-14) Page 4 of 8 Guarantee Face Page - Exclusions, Conditions and stipulations GUARANTEE CONDITIONS AND STIPULATIONS (Continued) Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro 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 situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone:888-632-1642. Form 5010500 (7-1-14) Page 5 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations H First American Title Guarantee Subdivision or Proposed Subdivision: (Undisclosed) Order No.: 875075-CT Reference No.: Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5010500-875075-CT Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Sandra Sulewski and Leeta M. Thomas and Jaerin C: Thomas FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: LOT 17 OF BLOCK 1 OF NORTHWEST TRACTS, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. (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: Sandra Sulewski and Leeta M. Thomas and Jaerin C. Thomas, as Joint Tenants (B) Parties holding liens or encumbrances on the title to said lands are: 2019 taxes and special assessments are a lien; amounts are determined and 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 2019 $1,63&90 $1,636.88 75-0944385 (PAID) (NOT PAID) Form 5010500 (7-1-14) Page 6 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations (C) Easements, claims of easements and restriction agreements of record are: 2. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant 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. 3. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the recorded plat of NORTHWEST TRACTS, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 4. Resolution No. 3877 executed by the City of Kalispell for annexation, recorded June 9, 1989 as Instrument No. 89-160-08430. 5. Easement for telephone facilities granted to North Western tele d/b/a PTI Communications Inc., recorded January 16, 1992 Instrument No. 92-016-15050. ....... ...... 6. Resolution No. 1055A adopting the North Meridian Neighborhood Plan, recorded January 3, 1995 as Instrument No. 95-003-14250. 7. Resolution No. 4652 executed by the City of Kalispell amending Resolution No. 3877, recorded September 6, 2001 as Instrument No. 2001-249-10370. 8. Easement for highway purposes granted to Montana Department of Transportation, recorded February 28, 2005 Instrument No. 2005-059-08220. Date of Guarantee: December 10, 2019 at 7:30 A.M. First American Title Company By: Authorized Countersignature Form 5010500 (7-1-14) Page 7 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations First American 4 - � Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain Information. We understand that you may be concerned about what we will do with such information - particularly any personal or Manual Information. We agree that you have a right to know how we will utilize the personal information you provide to us, Therefore, together wldi our subsidiaries we have adapted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that 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 informahon Values. Types of Information Depending upon which of our services you at utilizing, the types of nonpublic personal information that we may collect Include: Information we receive from you an applications, fors and in other communications to us, whether in wring, In person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not trelease your information to nonaffiliated parties except: (I) as necessary for us to provide the product or service you have requester] of us; or {2) as permitted by law. We may, however, store such informadon Indefinitely, inducting 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 affi€sated 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 celled, as described above, to companies that perform marketing services an our behalf, on behalf of our affiliated companies or to other financial institutions with wham we of our affiliated companies have joint marketing agreements. Former Customers Even d you are no Imiger 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 resinct access to nonpublic pesonal tnforatfon 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 wkb federal regulations to guard your nonpublic personal information, Information Obtained Through Our Web Site First American Financial Corpomum is sensitive W privacy issues on the fntemet. We believe it is important you know huw we treat the inforation about you we receive on the fntemet, In general, you can visit First American or Itr affiliates Web sites on die World Wfde Web without telling us who you are or revealing any information about yourself, Our Web servers tolled the domain names, not die e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar Enformadon. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site, There are times, however, when we may need information from you, such as your name and email address. When information is needed, we wIH use our best efforts to let you know at the time of collection haw we will use the personal Information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/pronle Information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Cnrporation's site and its affiliates' sites may contain links to other Web sites, While we try to link only tastes that share cur high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of `cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is air element of data that a Web site can send to your browser, which may then store the cookie on your hard drive, FIrsUAm.com uses stored cookies. The goal or this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy, Public Record We believe that an open pubftc record creates significant value for society, enhances consumer choice and creates consumer upportuniry, We actively support an open public record and emphasize its importance and cantributrm to our economy. Use We believe we sboufd behave responsibly when we use information about a consumer Fn our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to liefp assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct Inaccurate information, we will take all reasonable steps to assist consumers in Identifying die source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the Importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. security We will maintain appropiiata fadlities and systems to protect against unauthorized access to and conuption of the data we maintain. Form 50-PRIVACY (9-1-10) Page 1 of 1 I Privacy Imfunnation (2001-2010 First American Financial Corporation) Form 5010500 (7-1-14) Page 8 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations tiI S7'r4, CdirlA 57,'oq GDl�J 74hX 41:5-f -5, AIAOC-40,4 E-A q to F+ ,221 ri.c ri QUIT CLAIM DEED L11, -JgoI �r THIS QUITCLAYM DEED, Executed this a day of Awl,, s� , 20 Ea- by first party Sandy ' chomas (aka Sandy Sulewski), whose post office address is: 200 Zimmerman Rd., Kalispell, MT 59901 To Joint Tenants with Right of Survivorship, Sandra Sulewski, Leeta M. Thomas and Jaerin C. Thomas, whose post office address is: 200 Zimmerman Rd. Kalispell, MT 59901 (Sandra Sulewski) and, 4555 Beachcomber Ct., Boulder, CO 80301 (Leeta M. and Jaerin C. Thomas) WITNESSETII, That the said first party, for good consideration and for the sum of $0 (zero) Dotars paid by the said second parties, the receipt whereof is hereby acknowledged, does hereby remise, rele ase and quitclaim unto the said second parties forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in I he County of Flathead, State of Montana to wit: Houses/land located at 1258 & 1260 North Meridian, Kalispell, MT 59901 Lot 17, Block 1, North West Tracts IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in resence of: r First Party Signature Joint Tenant errant Tenant S4-,\ Kc,, S 4,j s - Type or Print Name s Type or Print Name Type or Print Name n_P r C. 73 � 5 Type of Print Name State of I'l , County of I, Notary Public in and for the state of , d o hereby certify that on this 13 day off{ & , 20a personally appeared before me �ii,nnsjtr��=t ,kno to the the individual described in and who executed the wit!zin acknowledged that0n'tits signed the same as Sk 5 free and vol act and deed for the uses and purposes herein met >tioned. Given under my hand and official seal the 1 � day of i� , 20-j _- Commission expires ZQj , 20�- +:r WEN McREYN=S NOTARY PUBLIC for 001P!141 Swe of Montana 9IMAL Red*Q at CojuNM Fee, Montana 4NoPublic My common Expires April 28Ih. 20, IIIIII I111NI1111 IN AII1111I IN III 1III11�11II1111NIIRII11111111111IN F;; $i pe s Paula Robinson, Flathead County MT by TM 8/13/2012 12:58 PM * 0 St A"ER` P C4 -28 2L Q� ti I LOT 2 e tot +��oavnara ion ptE CNOt4z RALC6MCC G ,e p` I 1oa +NSA ( Jl.,ti 1 2 2OCC I + � � f� �"-+ E M�� W � 5 R MI PAwt�w M12 t 97 fib lL � a 9e "17r4`�x � IB 17 1fi a a5 2 1 I LOT 3 J p' 21 22 23 24 a m NORTH HAVEN OR 10 LOT 1 74 MEG S D x , I c1 19 18 17 16 15 14 21tA 3 p I �+ s 13 7 = 2 18 2 P NO TH EN a 17 o ee 7 9 10 11 12 8 3 ,8 1 IC,A + z B/ 5 TIONTH HAVEN OR 16 HE G S 1S { TPAX This map s provided soiely for the purpose o es 5 3 2 1 2 1 2 1 45 — A Lt C Tsy DOE 1 14 20C Of assistin Z in locating the Land, and the & 9 4 5 5 6 T 1 H3 � M r —r Company assumes no liability for variations, swAlr R r, 19 9 12 1 if any, Wit actual survey. 25 11 3 9 10 1 i 13 14 i8 1 17 � 11 I ,5 9 Z ?g 19 6 Z7 24 23 9 m e 2 8 7 B 5 4 ; PARK 2w �T 910 Q € I I OQ- 82 O H 12 e BLIS 4 T t T B I e`ry r 8 Y� 8 2 ° T ,a 2 5 I Z 18 17 18 i5 M 13 1 2 3 { iU 5 1 4 e C� 112 0 A'r u w HLLTGPAYE (a 7 8 9 50 tf 5 8 3�h' 73 HLLTOPAVE 14 1 2 '` 5 Z in ,jr T � 0 1 I fi 7 75 I T4 6 z 5 { 3 2 1 1 e e 138 1 10 B 13 5 T D I NORTHRIDGE OR � I BTA T3 74 3 � 33 4 4 2 10 8 I ssA NORTHLAND SUB f3 34 6 5 eLKt2 P�+F I RV11r AJ PARK 4RLA 8 e1 82 83 & 4 3 t1 6L1( 11 R� IGHTS NO 4 12 •� 1 pT e� �,1 p �0p 8 7 1 NR 1 P/1AfLRlOGE DR RgFMRIOGE DR � 2 W 8 1 1 � t � 3 { 259 i0 4B {6 47 {8 45 4a {3 42 1 2 4 23p 32 31 30 29 28 — 5 4 3 2 1 — 1 24 14 a 27 Z 33 Z M 2 z 1 { 5 5 13 26 25 24 3. 1e 7 6 y 1 t 3 2 M 24 ] 2 23 'R 7 8 5 11 7 9 Q� 1 46 4 3 H 23 4 2 jz 10 _ ] 9HERWOOD 11 a Q O 7e 48 O 26 5 22 1 1t 25 { 5 8 T 8 g 9 U 1U 12 11 25 1 21< 3 g 24 23 22 12 2 37 4' y \ 1r 7 8 21 19 18 IT 18 15 14 i3 13 R,O _h4 24 1, 4r5(;,trED 12 19 � 2 WEDGEWOOD LN 14 18 3 ,5� 38 3e 23 1 to 9 7 3 1� 1T i SCHOOL DISTRICT x 18 42 1a 4O10 10 3 a o 17 �Q 40 23 R 8 5 ,5 11 n 4 5 ry tiOniJl �'E4Ti_ _ \ NO 5 JUNIOR HIGH 18 T 1�' 2 1 3, 8 6 15 G� 5 4 I \\V 14" 25 4 T 14 SCHOOL SITE 2I. 0 15 18 4Q 20 5 5 RY L,H f +L 2 2 � 1 2 3 { 1 2� tl 3 2 t 9 10 11 12 77 18 19 + N 7 I tN El H P 2 fA � — — — 3 4 5 6 —"� — — — — — _ 45 44 3 {2 {7 44.B 3B 31 36 35 w xp111�x[wm e.a iw,�.[nm � 5 ]A m z S't0 snnr.w {T 47 28 30 31 32 3{ 22 21 204 ,8 PARK� I i 1615 4 73 2 20A 11 se rj 49 27 25 24 '? 1&Li 7 8 5 6 1T e 5 QPi4 i 16 1 I 26• 181 f CILK wHa.�..4wm 23 4 18 ,g y T 8 15 7 NWS 17 SUC3jECT BT NOA,I'VZWIOOP 1n a 9 142 13 fykK 9 7 4 t Cl 16 i5 14 13 t2 11 10 12 30 a 7 23 t9 t 20 G 19 11 ! 0 11 5AF 15 9 1Q 22 ITT 18 ,7 5 53 2 SAG 12 o 10 5 e 210 Gp 24 6 b „ 8 4 17 io 1i IV 4 Y HOG 8 N 13 t2 11 10 19 e 14 5 ; 3 VIP7 a 21 20 � is 1t G 1uu�no. I 4 15 2 N��6• 7 4t, n 29 SG 68 2 °° � r � _ 2 24 23 22 %, 451 A rh E q / C � SS f Yi r Y7 L Ar 7 TS 6 d M JI ! JS /a J! aJ� i w, yna. ----�nti..�7n-%r'---^--�---'--•---III PLY9T ClAr NORTh'WZ"3 T TRACTS /N SArC !, 77067 N., JF 22 W ,{Gv[l R�a'�/' Nor 191E �Itrer a +solo► This map is provided solely for the Purpose of assisting in locating the Land, and the Company assumes no liability for variations if any, with actual survey. GERT/f/GATE Di' PED/Gf77/pN 4-3-71 JTAYI Ol M.N'TANA ] r,r• [alv `rrrfe.rm�nio M.9 hri w�-ife, erd rYirry Reiland rl+/ /Ya:el-X, Hw/rnd h%s .rifc/ �a hrra,4y <arhfy l'h rrc Al a errsai Ae rb sarraJ'ed end Ytr/ rir/h /eh B/re,fs -r Strdf/Y rr rrirr-n by ri*, p6} //eewly r// A/- fr//o irk !..[ribrd nwr/ eef /s.+✓ /.x/}: A// aF1he Z. ens Av/f of AAA S. E. seeds.; T. 2erY /v. t 2 !s- srrirA'61�7'NrorHryf/fwh/e✓ssi..r ..,.s WEST' TRACTS snd frle Strarri, row►!s sr Arrqu�e• rr+ Mie.6y /s//ceir/ end /ar+rfid Fer hir visa e} the -4vAlAr Ai *r r- r A! N arsn'YA A� 1.5. 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M E 4c ei w1w This map is provided solely for the purpose of assisting in locating the Land, and the .7 Company assumes no liability for variations, if any, with actual survey. t z SUBJECT 97 6 61 t 99 nl SO /Y 0 29 SOV, " Af 219 14f "..'A 14 z 9-Y 19 Mr 7 V rer 20 22 21 Ob -JA i 7' TRR67 TS IVOR TH Wf 75 T IAI sec '?" r2'q'V.' IF22W. 2jv'- / Page 1/1 Nor /9vc 2 2r I zr' 1 jJ 1 2z she. p9•^ rrej yy e.�. Jr r #M y I I x _ f � 77 r I ?< 6 ?T i i 99 rl • 8 I 3? - 9 rt ?Y 1JRr ie I . I a N 4' JeI.L 8La /2 M1I r 2.9 Jrr.a 3 1p A.J iy I 27 r r I 2i ]a! /L r I zr i9 I I Py ri I I 2.2 2e i ; .lrJ 2O � e v 4 I �r S.ECan Sr_/ r �T2PN., R,11 N; S/enr I f'L r9 T OF NOR TH wf-5 T TRf7G TS /N SCALE 2pp � / ' NOS: /99L RkkYCC FlWwSUi7DE1 , s, a� 4_ C£RT1F/CRTE OF DEO/Ci9T/ON 4w3_7 !TA E ar iN TFNN s J �NTY ar FLRjNEAO iYe m.AWuc6ben/iersi prJd A/rii�a Ffae66en/Jer.Jt his .wife, �d f/orry Hai/and a.�d a/Yr. Hoi� nd his wife da heie61 certif/1 thcf we h Jr eeutee /a 6air'11 0 hy!/eQESrri t and ccrfificatG ofSnrYey fiesta pYfeched ell 7%e fa//orrinp descrr6ed Mxt of fond /vwit; A// afthe Evsf ene Av/f of /be S.E. Yy aP se r1�.G 7-29N/.v. 2 z W. ercepii�yy the�efrpm rryhf-ef J.=ey vfSfilG Hyflway Na 93 .nd t be .E.,v,rn aa, irn.V7.v'ar£sr TRACTS " and Je SJ'reeiS, Rxa�s ai rFrrruu ara rSare6y aed/cale&' 04", arflrreted f r trie vrc aF Me],� Pv--�3,,n�/ e f rave. y YTw � pE pJaNTRNR) J f % on th.s thr rir andf �serrHD. 1-9 a7 6efenhoary P6 ho afe©wstyefr �rare4 /NA. e6dr !hers/and Alr ira 66e .Sersf, him wifp arr� � ryy �/ er/d nd hb xa/rf: Hr//and hYi wifr c J i rwir Ao me 7`a 6e /he•Ferlaris wlreas r+.orrJas +a6atr.bed Jb }hr fe ®e eer/L.fi�efr nd a� owjedyed Yp trr t fii rr eracufzd +r..x . /n wi%rKss i WWm /halr se/i 'y frcGd my Nefa r-o/9ia/ !fie m✓ y n d year -Aerc wrriYen p /tJy ea rarFsioa .lyire� / / 9 CERT/F/CATS OF COLJNTi ATTO/P'NEY lrsT ar proN»N�T• P J nbNTr pr /LIJNCRO //rr //yy� / .J�Yridrare _l7``CGa.-c.0 r4, Carrnfy. ,y/tdrney it sNd /oar thr ainrr�a�Cewr>y, /a fisrpby y >'.S / /hare rrsc/ Yhr a6rir c/ of /:>y of t/ic fond describes sir we antlered of M H. iYve66c %h j end Ho. y of/.nd e s f aw-Hers ria fcc si raP,/e of f� f nd ra p/eli`ed. lyrWf�ty A/yy ne/y Oat d of /sflG/� enforT+ ,sFi - _ 4 // af. V_+�F-P->-J..vLr. /9e� CERT/F/Cf�TE OF SURYEY V/! sTRrr aE rrvNnvN.f , c /lY as E/A7MlAb J F. r4Scai� a Cr✓i/ sCny/�Ger and Sarrry e j de herx6y cc fiFy /ha/YefJs-een ffir 27rz/aQy of S�fern6Gr and /hc /o �' da of ac/afiet J9lL, /rs do oe �F�/ arrd accrir'o� winey o�ifae /rrrcf Shawn err fhe o �e+ed P/of of iVORTH WE9T TRRC y'S, lt4a7r,rard'� f was mode rii sfrrct earifarir rly fa said Svrvc/yyr arTd /16c cacrrscs a?S �ir t�r9Cej i7LrCrG G/T eEr fir C OYre/ cPrrB''ef ya Jrfi'er' S]F Of rrTy rig%rmafiars nrs� fe/�}' ird tfrdf fhe tdrirarr of d// Loh ers4 6/oc.Fs i.-err pja/ram/ mar�Fcd on fhe yreY✓rrd oErd sfwAt mequr?se Sucre sc>` / vrJdei r'e ririd rTrar.Fed Wow X of a//PaN�fs /i�dco �hvr 4 err y/e>` 5`fro/ 94/d surrey r^ s mode rrr s�irclacca.n'eo^.e+r srr/iilsccfinr �9Bo 'te p9FV os 4rr t++.u+'d6e; of frSr �a%frcn/rodsr oi' /• ✓ �r h�' ivrycy/a/: /1 S'vBscrrbrd an/ sworn fp /ref rne 1-hlJ _-gZtDZm -m �ay af. CERT/FyCFT� RF COUNTY GOMM/SS/ONERS AT OF M �'YRN.7 `sr. CpnNTY aF FL RYH6Ab , iYe Ra/say Za//e � Cherirrrarr f posrd of Co vasty Cersrm/rri ne s rrd ♦Y..7 5A, now ty C/crlfr - de her -by ce�lryy !lief rt d m�e� � of for 9vera/ of Gavnfy Care . �Jiarirrs ha/� err f/re _ .�' d y a� mod. /9H�Y Yhey exeir rNes snot ap�rnvss f7!e e�elcre�Y/ot pf iY T// y^Es7 Ti4/FC TS ease! fee%rr<ar rhr �fr rt✓ ons ©rre ra- ys 7yrr/f/ii fti�/rJs'oys ,q '" � dcv,_, Gaun/y CERT/F/Cfl7"E OF GOUNTY SURY£YOR rr >'c ar me.vr..X.r rl tevrrrr er rxRrr F. F- Sea///` Coun/�r S rJrypi i%l nd 1tar i/iir nferrsod Gouniryi a e Aere6y ecrfrfy thvf /frwrr erarrr/ned f/rr a rrtrtd � r` of %�aRTN W�sr TR/Jt Ysend firrrby fro rbre the selrrrG- m / � _ . ,�,_1VJ�ur�! Ccurr/y .$vireyor Feted of .Ys/spG/; MnRtenv TiSir _ �- _-dy of _ �tetd . _ _ . _ /FO 19y� L�COMPLIMENTS OF; CITIZEN' 5 TITLE & ESCROW CO, INC.; 704 SOUTH MAIN,, KALISPELL MT 59901 (406)752-5388 OrderNo.CT-62811 200031.3 -2 � WARRANTY DEED For Value Received KENNY HENDRICKSON AND ARGYLE HENDRICKSON the Grantors do hereby grant, bargain, Sell and convey unto SANDY THOMAS the Grantee, and to the heirs and assigns forever, the following described premises, in FLATHEAD COUNTY, MONTANA, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TO HAVE AND TO HOLD the sold promises, with their appurtenances unto the said Grantee, forever, ld And the sold Grantor does hereby covenant to and with the said Grantee, that he is the owner in fee simple of said premises: that said premises are free from all encumbrances, EXCEPT covenants, conditions, restrictions, reservations, easements, rights and rights of way apparent or of record, and µu that he will warrant and defend the some from ail lawful claims whatsoever. DATED: , d WoV-clxJ(7er , H , ZO-0 .t—.,�,•rr-� I<l, �c����r� (���5 � , i .�n �/��r -tom,. KENNY KNDRICKSON DRICKSON STATE OF _MkLyr KkW COUNTY On Phis _ day of O A R 2000, before me, a Notary Public in and for said 51afe, personally ,d' feat tlT .....Y. HENDRICKSON AND ARGYLE HENDRICKSON the persons? whose name(s) is/are subscribed to the wijtyri lnstfumen'�•p11l acknowledged. to methat she/he/they executed the some. ;' w IN6fary Public for fhe State pf Residing at:�� cY�CxCZ My Commission Expires7i--Q,0\ \(01N1ANA, COUNTY OF FLATHEAD +aby cerfi y that this instrument was filed for record at minutes past `o'clo6lr Vim. #kris day of 20_ in my office, and my recorded in Book of Deeds Page __---,records of Flathead County, State of Montana. County Clerk d Recorder Fee S Paid ------- deputy RETURNITAX NOTICES TO: r" 2000313 6� EXHIBIT A FILE NO.: CT-62811 Lot 17, Block 1, North-west Tracts, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana. SUBJY-CT TO Resolution No. 3877 executed by the City of Kalispell, by including therein, as an annexation, certain real property to be known as Northwest Tracts Addition No. 234, recorded June 9, 1989 as Doc. No. 89-160-98430, records of Flathead County, Montana. SUBJECT TO EaSement for an exclusive easement of right-of-way ten feet in, width to accommodate telephone wires, towers, poles, props, guys, anchors, and other supports and/or underground facilities granted to North western tele doing business as PTI Communications Inc., recorded January 16, 1992, as DOC. No. 92-016-15050, records of Flathead County, Montana. (AFFECTS: Premises and other property) SUBJECT TO Resolution No. 1055A executed by the Board of County Commissioners, Flathead County, Montana, for an amendment to the Kalispell City -County Master Plan, by adding the North Meridian Neighborhood Plan as an addendum to the Kalispell City -County Master Plan, recorded January 3, 1995 as Doc. No. 95-043-14250, records of Flathead County, Montana. SUBJECT TO AND TOGETHER WITH rights of way and easements established or of record. ?e�urrt tkj a'�d — ,- --"— STATE OF MONTANA, ss County of Flathead Recorded at the request of l Lr this _9� day of 2Q �Iat 3"� o'clock, and recorded in the records roof Flathead County, State of Montana. Fee $ j — Pd. Y. X4,6/ �' (Flathea Coun Cler a eco ) RECEPTION NQ ,ETURN TO (Deputy) - JA Kaispell Zoning Exhibit NORTH Jan 29th. 2020 ® Subject Property Zoning Commercial Neighborhood Business Light or Heavy industrial Health Care Residential/Professional Office Residential Two Family Residential Multi -family Residential - Residential Apartment/Office Public -91, Kalispell Planning Dept. 0 250 500 Feet Date: Jan 29th, 2020 RePath: J\2020\1260