The URL can be used to link to this page

H2. Reso 5974 & Ord 1842 - Vander Ark Ann & ZoningPlanning Department 201 1" Avenue East -00001 CITY OF Kalispell, MT 59901 Phone: (406) 758-7940 ALISPELL wwFax: (406) 758-7739 Kw.kalisgell.com/plan/glannin2 REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KA-19-02 — Vander Ark Annexation and Initial Zoning Request MEETING DATE: June 1, 2020 BACKGROUND: This matter is a request from Matthew Vander Ark for annexation and initial zoning of city R-3 (Residential). The property will be annexed under the provisions of Sections 7-2- 4601 through 7-2-4610, M.C.A., Annexation by Petition. It is currently zoned county SAG-10 and contains a single-family residence. Water and sanitary sewer service are in the vicinity of the property and upon annexation extensions can be constructed to serve the property. The surrounding area is primarily city R-3 zoning. The property is located at 155 Three Mile Drive. The property to be annexed can be described as Parcel 1 of COS 2031 in the SE 1/4, Section 1, T28N, R22W, P.M.M., Flathead County, Montana. The application was initially submitted in 2019 and a public hearing was held at the Planning Board meeting on September 10, 2019. There were two public comments received regarding existing septic systems, storm water, clarification of R-3 zoning, and speed limits on Three Mile Drive. The Board forwarded a unanimous recommendation to approve the annexation request with an initial zoning designation of R-3. The application was subsequently withdrawn before Council had considered the request. The Kalispell Planning Board again held a duly noticed public hearing on May 12, 2020, to re- consider the annexation and initial zoning request. Staff presented staff report KA-19-02 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 annexation and initial zoning request be granted. No public comments were received. The public hearing was closed and a motion was presented to adopt staff report KA-19-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed with an initial zoning of R-3. 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 Resolution 5974, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as an annexation Parcel 1 of COS 2031 in the SE 1/4, Section 1, T28N, R22W, P.M.M., Flathead County, Montana. It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1842, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Parcel 1 of COS 2031 in the SE 1/4, Section 1, T28N, R22W, P.M.M., Flathead County, Montana, as City R-3 (Residential), 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: Resolution 5974 Ordinance 1842 May 12, 2020, Kalispell Planning Board Minutes Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5974 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY DESCRIBED AS PARCEL 1 OF CERTIFICATE OF SURVEY 2031 IN THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS VANDER ARK ADDITION NO. 446, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell received a petition from Matthew Vander Ark, the owner of the above -referenced property, requesting the City of Kalispell annex the territory into the City; and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA-19-02, dated May 6, 2020; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the territory be zoned City R-3, Residential, upon annexation into the City of Kalispell; and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That all the real property described as Parcel 1 of Certificate of Survey 2031 in the Southeast Quarter of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, be annexed to the City of Kalispell and the boundary of the City is altered to so provide. SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION 4. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 1 ST DAY OF JUNE, 2020. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk ORDINANCE NO. 1842 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 PARCEL 1 OF CERTIFICATE OF SURVEY 2031 IN THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY SAG-10) TO CITY R-3 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Matthew Vander Ark, 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 R-3, on approximately 2.4 acres of land; and WHEREAS, the property is located at 155 Three Mile Drive; and WHEREAS, Vander Ark's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-19-02, dated May 6, 2020, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-3, Residential, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-3, Residential, 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-19-02. 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 R-3, Residential, on approximately 2.4 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 15TH DAY OF JUNE, 2020. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING May 12, 2020 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL 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, George Giavasis and Joshua Borgardt. PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Vomfell moved and Kauffman seconded a motion to approve the minutes of the March 10, 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. KA-19-02 — VANDER ARK File 4KA-19-02 — A request from Matthew Vander Ark to annex a ANNEXATION 2.39-acre parcel into the city and zone the land R-3 (Residential) upon annexation. The subject property is currently within the county and zoned county SAG-10. The property is developed with a single-family residence and accessory structure. Water and sanitary sewer service are in the vicinity of the property and upon annexation extensions can be constructed to serve the property. The property is located at 155 Three Mile Drive. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KA-19-02. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-02 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 R-3 (Residential). BOARD DISCUSSION Young asked that since this annexation would create an island between the city utilities and the parcels behind the subject property would the applicant be required to run the utilities to the very back property line for future connections? Sorensen advised that the applicant has not entered the design phase yet and that will be determined once designs are submitted. PUBLIC HEARING None. MOTION Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-02 as findings of fact and recommend to the Kalispell City Planning Board Minutes of the meeting of May 12, 2020 Page I 1 Kalispell City Council that the property be annexed and the zoning for the entire property be city R-3 (Residential). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Rory Young recused himself from #KA-20-01 & 4KGPA-20-01 because he is a representative for the applicant. KA-20-01 & KGPA-20-01 File #KA-20-01 and #KGPA-20-01 — A request from Colton Lee COLTON LEE COMMUNITIES Communities, LLC, to annex a 3.27-acre parcel into the city with an initial zoning designation of B-2 (General Business) upon annexation. The subject property is currently within the county and zoned county SAG-10. It is undeveloped at this time, although city services are available. The request also includes a growth policy amendment for the property. It is currently designated as Urban Residential and the proposed amendment would change the designation to Commercial_ The property is located at 216 Hutton Ranch Road. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-20-01 and #KGPA-20-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KGPA-20-01 and recommend to the Kalispell City Council that the Kalispell Growth Policy Future Land Use Map be amended from Urban Residential to Commercial on the entire property. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-01 as findings of fact and recommend to the Kalispell City Council that the subject property be annexed and zoned B-2 (General Business) upon annexation. BOARD DISCUSSION Graham asked for clarification on the undeveloped property between the subject property and Stillwater River. Sorensen clarified that the intent of this entry in the staff report was to show that on the other side of the river there is some single family and office use development near the subject property. PUBLIC HEARING None MOTION — KGPA-20-01 Vomfell moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Reports #KGPA-20-01 and recommend to the Kalispell City Council that the Kalispell Growth Policy Future Land Use Map be amended from Urban Residential to Commercial on the entire Kalispell City Planning Board Minutes of the meeting of May 12, 2020 Page 12 property. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KA-20-01 Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-01 as findings of fact and recommend to the Kalispell City Council that the subject property be annexed and zoned B-2 (General Business) upon annexation. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Young re -seated KA-20-02 — BEHE File #KA-20-02 — A request from Connie Behe to annex an ANNEXATION approximately 0.5-acre parcel into the city with an initial zoning designation of R-2 (Residential) upon annexation. The subject property is currently within the county and zoned county R-2. The property is developed with a single-family residence. The annexation request is due to an existing septic field for the residence which is failing. City sanitary sewer service is adjacent to the property as the Westside Interceptor sanitary sewer line was recently installed within the Two -Mile Drive right-of-way. The property is located at 1100 Two Mile Drive. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KA-20-02. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-20-02 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 R-2 (Residential). BOARD DISCUSSION None. PUBLIC HEARING Sorensen read the email from Sara Ebert (attached). MOTION - ORIGINAL Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KA-20-02 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 R-2 (Residential). Kalispell City Planning Board Minutes of the meeting of May 12, 2020 Page 13 BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Nygren updated the board on the status of the Kalispell Trail. NEW BUSINESS Nygren updated the board on June agenda and introduced new Planner II, Rachel Ezell. ADJOURNMENT The meeting adjourned at approximately 6:3lpm. NEXT MEETING The next meeting of the Kalispell Planning Board will be on Tuesday, June 9, 2020 at 6:00 p.m. and is in the Kalispell City Council Chambers, 201 1st Ave East. Chad Graham President APPROVED as submitted/amended: Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of May 12, 2020 Page 14 VANDER ARK ANNEXATION ANNEXATION AND INITIAL ZONING OF R-3 UPON ANNEXATION STAFF REPORT #KA-19-02 KALISPELL PLANNING DEPARTMENT May 6, 2020 This report to the Kalispell City Planning Board and the Kalispell City Council is regarding a request from Matthew Vander Ark to annex a 2.4 acre parcel into the city limits with an initial zoning designation of R-3 (Residential) upon annexation. A public hearing has been scheduled before the Planning Board for May 12, 2020, beginning at 6:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION This application is a request from Matthew Vander Ark to annex a 2.4-acre parcel into the city and zone the land R-3 (Residential) upon annexation. The subject property is currently within the county and zoned county SAG-10. The property is developed with a single-family residence and accessory structure. Water and Sanitary sewer service are in the vicinity of the property and upon annexation extensions can be constructed to serve the property. The application was initially submitted in 2019 and a public hearing was held at the Planning Board meeting on September 10, 2019. There were two public comments received regarding existing septic systems, storm water, clarification of R-3 zoning, and speed limits on Three Mile Drive. The Board forwarded a unanimous recommendation to approve the annexation request with an initial zoning designation of R-3. The application was subsequently withdrawn before Council had considered the request. This report evaluates the application in accordance with state and local regulations. The annexation request and initial city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. 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. A. Petitioner / Owner: Matthew Vander Ark P.O. Box 515 Kalispell, MT 59903 B. Location and Legal Description of Properties: The property is located at 155 Three Mile Drive. The property to be annexed can be described as Parcel 1 of COS 2031 in the SE4, Section 1, T28N, R22W, P.M.M., Flathead County, Montana. 1 C. Existing Land Use and Zoning: The subject property is developed with a single-family residence and appurtenant facilities. The zoning of the area to be annexed is county SAG-10. The SAG-10 Zoning District is intended to provide and preserve agricultural functions and to provide a buffer between urban and unlimited agricultural uses, encouraging separation of such uses in areas where potential conflict of uses will be minimized, and to provide areas of estate -type residential development. W D. Proposed Zoning: The proposed zoning is city 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." E. Size: The subject property is 2.4 acres. NOP I H Jk Kalispell Zoning Exhibit - March 23rd, 2020 = �Lpec-. PMPFV Zoning = OOWPOVa ibdwm Sualress UgN Dr FiEaVy P&LET3 P-1 Tw, Famy REIa_eqLL31 VO t NTY R M Je= I Re s de M a Apa MmWaMm R-3 r� R-4 2D ISalispe11 Planning Dept. 2DI= F. Adjacent Zoning: North: SAG- 10 East: City R-3 West: City R-3/City RA-1 South: County R-I/City RA-1 G. Adjacent Land Uses: North: Single-family (county large tract) East: Single-family West: Single-family South: Three Mile Drive and single-family 3 H. General Land Use Character: The general land use category of the area can be described as single-family residential development. To the east and west of the proposed annexation, there are city residential developments. To the north and south (across Three Mile Drive) are single-family homes on large county tracts. The area to the south will likely be subdivided sometime in the future as it would be logical expansion of existing city development. I. Utilities and Public Services: City water and sewer mains are both located within Three Mile Drive at the properties southern property line. When annexed, the developer will be required to pay the cost for the utility extensions to the property. The design of water and sewer extensions will be reviewed and approved by the Kalispell Public Works Department prior to development. Sewer: Private septic (city sewer available upon annexation) Water: Private well (city water available upon annexation) Refuse: Private (city collection available upon annexation) Electricity: Flathead Electric Cooperative Natural Gas: Northwestern Energy Telephone: CenturyLink Schools: School District 5 — Russell Elementary Fire: City of Kalispell if annexed Police: City of Kalispell if annexed I. ANNEXATION EVALUATION 1. Compliance with the growth polices Two primary mechanisms for managing growth in the City of Kalispell are (1) to rely on redevelopment and infill within the current city limits; and (2) annexation of outlying areas. A goal of the growth policy is to provide a comprehensive, effective growth management plan that provides for all the needs of the community, is adaptable to changing trends, and is attuned to the overall public welfare. Chapter 9, Public Infrastructure and Services, contains the following goal and policy that are relevant to this particular annexation request: Goal: 1. Make public water and sewer available to areas that are in close proximity to services. Policy: 2. Annexation to the City of Kalispell should be required when water and sewer services are extended to an unincorporated area to provide services for new development. M In addition to these cited provisions, the city council adopted an annexation policy in 2011, with a corresponding map as an addendum to the city's growth policy document. The purpose of the annexation policy is to give the Planning Board, the Council, and the development community direction when property owners outside of the city limits are requesting municipal services and annexation. The property proposed for annexation falls inside the city's direct annexation boundary. 2. Municipal Services: Municipal water and sewer mains are located within Three Mile Drive bordering the property on the south and can be readily extended by the applicant to serve the site. The site is currently protected by the West Valley Kalispell Rural Fire District and the Flathead County Sheriff's office. The applicant has submitted a Notice of Withdrawal from Rural Fire District. At the time of annexation, the property will be served by the Kalispell Fire Department. The site lies approximately 2.5 miles from fire station 61 and is readily serviceable by the city fire, police and ambulance services, all of which now respond to the adjacent neighborhoods within the City of Kalispell. Given the level of existing services available to and in place, annexation of the property will not overburden the municipal services in place. 3. Distance from current ci . limits: The subject property borders the city at its western and eastern property line, thus annexation will serve to be a logical expansion of the existing city limits. 4. Cost of services: Once annexed to the city, full city services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction Standards and any other development policies, regulations or ordinances that may apply. The analysis is only an estimate based on a variety of assumptions. The analysis does not take into consideration changes in methods of assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. The cost to serve the land proposed for annexation is shown in the attached cost of service analysis — Initial Annexation. The property is currently developed within a single-family residence. The total cost of services is estimated to be $1,076 per year. Based on the city's taxation and assessment policies, the property will generate approximately $2,320 per year in total annual revenue to the city ($1,133 in taxes and $1,187 in assessments). Based on this analysis, the annexation will be net gain to the city of $1,244. 5 II. 1 INITIAL ZONING AND ZONE CHANGE EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 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. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned county SAG-10. The applicants are requesting city R-3. The Kalispell Zoning Regulations state that 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." Does the requested zone comply with the growth polio A Kaispell Growth Policy Exhibit N ORi H ®SudjeClPmPenS' � W _ cornrneraal NeN1lbhnrntod C—nerdal Public ® Ind.tflal Urban W dUm Open Space Fes• - F991h Den" Realdentlal �# Urban ReWdendal 3uhurban ResWentlal clt� 1 —r!-G� . f PL] `_. 3s1 PL390,openapa.e I� a Urban Residential �* Subject Property s High Density Residential it Dale: 3-23-2020 Kalispell Planning Dept R.Path J20290M wnr i. The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. As mentioned above, the R-3 Zoning District would typically be found in areas designated as Urban Residential on the Kalispell Growth Policy Future Land Use Map. no 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The requested zone will have a minor effect on the motorized and non -motorized traffic, as the city R-3 Zoning District allows for higher density than the current county SAG-10 Zone. Although a small increase in traffic would be anticipated, it is not anticipated the development of the site will negatively impact the transportation system as only a few additional single- family lots could be created. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site 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 and fire protection, water, and sewer service are available to the area. 4. Will the requested zone promote the public health, safe . and general welfare? The requested zoning classification of R-3 will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to ensure adequate light and air is provided. 6. Will the requested zone promote compatible urban growth? The requested city R-3 Zoning District is the same zoning as the city residential development adjacent the property to the east and west. This zoning district maintains and is compatible with the established land use pattern in this area, which is single-family residential development. 7. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are currently available to the property. Upon annexation the property will not require any city services. The provision of public services will be defined when a development proposal is crafted for the property. 8. Does the requested zone give consideration to the particular suitabili . of the property for particular uses? The proposed R-3 Zoning District is consistent with the surrounding urban development of the area. The R-3 Zone also gives due consideration of the suitability of this property for the permitted uses in the zoning district, which in this area is single-family development. 7 9. Does the requested zone give reasonable consideration to the character of the district? The proposed R-3 Zone is the same zone given to neighboring city residential development and is consistent with the character of the area which has developed with single-family residences. 10. Will the requested zone avoid undue concentration of people? The requested R-3 Zone is consistent with the growth policy of Urban Residential and surrounding city zoning districts, which are also R-3. The R-3 Zoning District has a maximum density of 6,000 square feet per unit, which is an anticipated amount of density within this area of the city. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the R-3 Zoning District will promote compatible and like uses on this property as are found on other properties in the area. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban scale residential development should be encouraged in areas where services and facilities are available. In this case water and sewer lines are located immediately south of the property. The proposed zoning is consistent with the growth policy future land use designation and is compatible with current zoning in the immediate area. RECOMMENDATION: Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-19-02 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 R-3 (Residential). NORTH Vander Ark Annexation - Mailing List ® Subject Property I Sher y Ln ' Mailing List Parcels I I , I 0 I I Sunset Park 0 J 3 v L L � m O 2 % E r D J X c a y c t a o z z w Vtsta Loo m a J C S2I i y i y o � z ¢ c `o r 3 2 Hawth m I St Sources: Esri, HERE, Garmin, USGS, Interma , INCREMEN NRCan, Esri Japan, METI, Esri China (Hong Kong 1, Esri KiIoreL, I (Thailand), N ICC, (c) OpenStreetMap contribu ors, and t I GIS User CO. Date: 3-23-2020 c,V/0), Kalispell Planning Dept. File Path: J\2020\03232020 Mt. Cadastral Database: 3-23-2020 _. 0 275 550 MONT.4NA A-J.L. Feet A Kaispell Growth Policy Exhibit NORTH March 23rd 2020 Im AP ® Subject Propertya I ' Commercial Neighborhhod Commercial Public' Industrial - Urban Mixed Use Open Space High Density Residential W Urban Residential Suburban Residential _ M City Airport-Gov. I Public/Quasi Public, Openspace Floodway i - - � �� llllllllllllllll■ aIft Urban Residential 04 1 �'High Density OR Residential.. i6MJ%6 lift cznj OT mo Ina I Kalispell Planning Dept. 0 250 500 F Date: 3-23-2020 FilePath: J\2020\0323 JA N Kalispell Zoning Exhibit - March 23rd, 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 RA-1 P-1 R-3 11:Sub Prot RA-1 R-4 Date: 3-23-2020 RePath: J\2020\0323 Kalispell Planning Dept. 0 250 500 MON'rANA Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisi)ell.com/planning RECEIVE® AUG 0 9 2019 PETITION FOR ANNEXATION AND INITIAL ZONING 0MORMW NAME OF APPLICANT: AKw, MAIL ADDRESS: �d Box SAS CITY/STATE/ZIP: k A L 15PC c J_ M-U ,!j 4 Jo? PHONE: Yd & 9 -1 t- O 6 ac- INTEREST IN PROPERTY: ow Other Parties of Interest to be Notified: PARTIES OF INTEREST: 1►V4Ell W.11 03 Q:hi.Y►`i1 CITY/STATE/ZIP: INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: PHONE: Address of the property: 3 s5 irnitce mite DRkvt; kAu cc M T SQ9 1 Legal Description: P R c e E E- I C d S SA (Lot and Block of Subdivision; Tract #) 5w i?-AKT6A of Sc QuA+4El2 di' SEcrrom ._�. ►eusw�SH�P 1$ hla �4 r?AW&C )1 wESi (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac): -1 • 3 W1 Current estimated market value 1-151, 0 a 0 at 50% build out at 100% build out Is there a Rural Fire Department RSID or Bond on this property Yes No If yes remaining balance is $ The present zoning of the above property is: SAC? + a The proposed zoning of the above property is: R 3 State the changed or changing conditions that make the proposed amendment necessary: - -i L/Au l0 T 2ANSe:f-✓t TO S Pi-►T PR0Pre,:TY w l--rM The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Kalispell Planning staff to be present on the property for routine inspection during the annexation process. (Applicant) (Date) APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS 1. 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: the application procedure, compatibility and compliance with the Growth Policy, and compatibility of the proposed zoning with surrounding zoning classifications. 2. Completed application form. 3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form, including an Exhibit A, legal description of the property. 4. AppIication fee based on the schedule below and made payable to the City of Kalispell. Fee Schedule: Annexation (includes initial zoning) $250 plus $20/acre 5. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. 2 Return to: Aimee Brunckhorst Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the WE s-r VA Lc r 1 Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for a minimum of 5 years from date of annexation. Petit' ner/Own r g Date Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ) : ss County of Flathead County On this 4 ' day of miq before me�th!_e undersi ned, a Notary Public for the State of Montana, personally appeared �t�3 �.ix�2x� known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and ye ST trthis - CODILYN EVENSON cif,,4oTAFilq4- (VOTARY PUBLIC for the State of Montana E S EA% a Residing at Kalispell, .+r "uid Montana My Commission Expires July 24, 2022 A ss County of Flathead County Notary PuUc, Printed Name C Residing at My Commission of �•h On this R day of 4-- , 20k, before me, the undersigned, a Notary Public for the State of Montana, personally appeared . - i(' Get k— _ _ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affix e y Notary Seal the day and year in this certificate first above written. /7 '4 -- A CODILYN EVENSON Do1fy�V�N� A_ NOTARY PUBLIC for the State State of Montana SEAR. ; Residing at Kalispell, Montana My Commission Expires July 24, 2022 Notary Pt�b ic,Wdate of Printed Namecc�1 Residingat My Commission expire WESTCOR LAND TITLE INSLJPAi•OC'c COMPANY ALTA Commitment For Tide Insulrance (Adopted 06-17-06) (Revised 08-01-20I6) (WITH MONTANA MODIFICATIONS) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT —READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B. Part I —Requirements; Schedule B, Part II —Exceptions; and the Commitment Conditions, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A. only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I Requirements have not been met within six (6) months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and sea] to be hereunto affixed and by these presents to be signed in facsimlle under authority of its by-Iaws, effective as of the date of Commitment shown in Schedule A. WESTCOR LAND TITLE INSURANCE COMPANY Issued By: By; SF.Ae_ siikey�t First Title of Montana, Inc. +".. CAP% I 138 E. Center Street, Suite B ",'�M ; ,,�, Aucsl: r Kalispell, MT 59901 771is page is only apart of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1-Requirements; and Schedule B, Part If -Exceptions; and signed by the Company or its issuing agent that may be in electronic form. CM-21 MT ALTA 08-01-16 Comatittnent w-MT Mod (WLTIC Edition 02/02118) Nf� i f{g� Il li ~" Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form for any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. COMMITMENT CONDITIONS DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (1) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I —Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I —Requirements; and (f) Schedule B, Part II —Exceptions; and (g) signed by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I —Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II —Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Comntment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the Iesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5 (a) (i) through 5 (a) (III) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II - Exceptions; and signed by the Company or its issuing agent that may be in electronic form_ CM-21 MT ALTA 08-01-16 Commitment w-MT Mod (WLTIC Edition 02/02/18) (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I —Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing. (1) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies, The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. INTENTIONALLY OMITTED This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements and Schedule B, Part II - Exceptions; and signed by the Company or its issuing agent that may be in electronic form_ CM-21 MT ALTA 08-01-16 Commitment w-MT Mod (WLTIC Edition 02/02/18) ALTA COMMITMENT 6-17-06 WESTCOR LAND TITLE INSURANCE COMPANY Commitment/Order Number: 1906012 Agent Number: MT1007 Title Officer: Derek Elliott derek@firsttitleafmt.com Escrow Officer: Jessica Elliott jessica@firsttitleofmt.com SCHEDULE A 1. Effective Date: June 21, 2019 at 07:55 AM 2. Policy or Policies to be issued: (a) _X_ Owner's Policy ( ALTA Own. Policy (6/17106) } Proposed Insured: Matthew A. Vander Ark and Andrea N. Vander Ark (b) _X_ Loan Policy ( ALTA Loan Policy (6/17106) ) Proposed Insured: United Wholesale Mortgage, its successors and/or assigns as their respective interests may appear. Endorsements: 9-06, 22-06, 8.1-06 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: Bennie J. Rossetto 5. The land referred to in the Commitment is described as follows: Amount $449, 500.00 $1, 323.00 $382,075.00 $407.00 $75.00 PARCEL 1 OF CERTFICATE OF SURVEY NO. 2031, A TRACT OF LAND IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. EXCEPTING THEREFROM ANY PORTION OF THE ABOVE PROPERTY LYING WITHIN THREE MILE DRIVE. First Title of Montana, Inc. By: First Title of Montana, Inc. Property Address: 155 Three Mile Drive Kalispell, MT 59901 NOTE: This Commitment is of no force and effect unless Commitment cover, Schedules A, B-Section 1 and B-Section 2 are attached. CM-2S 1 ALTA (6-77-06) Commitment for Title Insurance Schedules A, Bl and BII (WLTIC Edition (10112/07) (1906012. PFD11906012/3) ALTA COMMITMENT 6-17-06 Westcor Land Title Insurance Company Commitment/Order dumber: 1906012 Agent Number: MT1007 SCHEDULE B-SECTION I REQUIREMENTS 1. The following requirements must be satisfied (unless otherwise noted, all documents required to be recorded must be recorded in the official real estate records of the county in which said property is located):: 1. Payment of the necessary consideration for the estate or interest to be insured. 2. Pay all premiums, fees and charges for the policy. 3. Documents satisfactory to the Company creating the estate or interest to be insured, must be properly executed, delivered and recorded, as follows: 4. Payment of all taxes and/or assessments levied against the Land which are due, payable or delinquent. 5. As an accommodation and not part of the commitment, no liability is assumed by noting the following conveyances describing all or a part of the subject property, which have been recorded within the last 24 Months: None 6. Other than as shown in Schedule B; we find no Judgment Liens, State Tax Liens, Federal tax Liens or Child Support Liens of record which attach to the name(s) or interest of the vested owner and/or proposed insured owner/borrower. 7. Additional Requirements: 8. A Warranty Deed to be recorded removing the seller and adding the buyers to title at closing. NOTE: This Commitment is of no force and effect unless Commitment cover, Schedules A, B-Section 1 and B-Section 2 are attached. CM-25 ! ALTA (6-17-06) Commitment for Title Insurance Schedules A, BI and BII (VVLTIC Edition (10112107) (1906012. PFD/190601213) ALTA COMMITMENT 6-17-06 Westcor Land Title Insurance Company Commitment/Order Number: 1906012 Agent Number: MT1007 SCHEDULE B-SECTION II EXCEPTIONS 2. Schedule BI I of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or Claims of parties in possession not shown by the public records. 3. Easements or claims of easements not shown by the public records. 4. Discrepancies, conflicts in boundary lines, encroachments, overlaps, variations or shortage in area or content, party walls and any other matters that would be disclosed by a correct survey and/or physical inspection of the land. 5. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Record. 6. Any water or well rights, or rights or title to water or claims thereof, in, on or under the land. 7. Unpatented mining claims; reservations or exceptions in patents or in Acts authoring the issuance of said patents. 8. All taxes, assessments, levies and charges which constitute liens or are due or payable including unredeemed tax sales. 9. 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. 10. 2019 taxes and special assessments are a lien; amounts are not yet determined or payable. The first half becomes delinquent after November 30th of the current year, the second half becomes delinquent after May 31st of the following year. General taxes are set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount state herein. 2018 taxes for Assessor No.: 05- 0659000: 1st half $2,409.34(paid), 2nd half $2,409.33(paid). 11. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Certificate of Survey No. 2031, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based an race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). NOTE: This Commitment is of no farce and effect unless Commitment cover. Schedules A, B-Section 1 and B-Section 2 are attached. CM-2S / ALTA (6-17-06) Commitment for Title Insurance Schedules A, 81 and BII (WLTIC Edition (10/12107) ({FILEINFOI} 12, Easement contained in Deed recorded on June 20, 1975 as Doc. No. 5206 in Book 581 at Page 887. 13. Water Users Agreement upon the terms, conditions and provision contained therein: Parties: Leonard L. Kaufman, etal Recorded: June 29, 1993 as Doc. No. 1993-180-13540. 14. Road Maintenance Agreement upon the terms, conditions and provision contained therein: Parties: Benjamin Rossetto, etal Recorded: June 29, 1993 as Doc. No. 1993-180-13550. 15. Abandonment of Easement as shown in Certificate of Survey No. 2031 recorded on June 29, 1993 as Doc. No. 1993-180-13560 and on July 14, 1993 as Doc. No. 1993-195-11460. 16. Terms and conditions if any for a Beneficiary's Deed in favor of The Rossetto Trust recorded on December 16, 2014 as Doc. No. 2014-000-25394. NOTICE TO APPLICANT: If you require copies of any documents identified in this commitment for title insurance, the Company will furnish the same specific request, either free of charge or for the actual cost of duplication for those copies requiring payment by the Company to obtain. NOTE: All notes are for information only and will be removed from the final title policy. ALTA Commitment Schedule B (6/17/06) (1906012. PF D1190601213) WESTCOR LAND TITLE INSURANCE COMPANY Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com. Re a • 01 [ SrctLm 1. T jmP 19 rw,tF., R.nen - vr.n w xr...,r,n...�ntane, ae.ccLl»a e,° o]Iwd: ' c.re ar u:r sactrmrrse eotner at Tr.t r]. r . - ., I lads, >rrn . a! ':athratl aun[Y' tneerr ROrrhtl• 45'°;l• r Ktwaary aF`x Ke erdrer�nt.w tl :ra[[ 37I.94 !we[: t k o - urx- sa.[n theeee .,uti nr [ [�. pkap sSmq Kenrvu Kontler'q[eln. ' corn ar ir,.5. � ! teq:n m9.n rarer, .- >t5 •i 9: PJO4YH SCALE le.rOO' L.E6iNO i � I a w •x ,«fir• R aa�F��ruwsru = I � R ad[awrsY i r�nrr•�w wrN��`� v �� 7Y r -:L- r,me• PAq[EL 5 1.9Bt wn.z y~ piltLA4 4 I. nee Ac.z PA I, LAl 41 qc.T PAR456 Z 1. 1— Ac-! C-EarIPICATE of SURVEY Ti2AC-• 42 CSIZTIFICATIr OF SUIZV" 4kI629 IDS TN{ SE1/4 SCE 1 -r?laW R22W PM,M FLATHEAD COUNTY °1 i 1/< Of hart wr. I. ahty :4.Mgth, vecYn :r yeas ' ,JI rr,ai+n.fllaneana. a.,rn,:ea a wvn...e: - L'! nn° a er.. sad[ha.rr rn.xr. ar itxce r], 'caw :ca[e P ` ::are-ary '`r:nr:x�.e :ro:r•rT. ` ! eW..9 th+ a 1� �. --rt gala!lsry a! Lw a re..en Ul• :r ]Tlc9] irrc .rY drs.a5snn:nn: theaea On[feuLnq K.1" •• .]5' -slon9 [.1• +•n�alua r �,[, .yyt lii :ants ehe�ySFtar• t]• o WT leFt w tnedu5 v. k.rv`e` �a .SOcawent Lthrrer 1- �� ar!tact t I"--° Ij •. a� acaq`[nn r••e. k,aunderr vs t4 atxada.;-nn .nx. 133 TI— '-f�w Il. ''a•'aafr TSss.,o !rat td thr Oath: .s , J• n �� I'dq•Py T IIl rx.kl+n, •bntesla, tlranrabrO .. rpl4»r[: �5 it +n° :d rR.ret r .... Tract . - txJr. ea e: rdrarY i''tatl:..a evdnen tn.�4'exar:h !•rev°^,• ✓ ::,� eladT h. :W af.:res a[xrxtp Trnr, la[. [] s cLr PaL`t of ]:e9:.:ern]I rld no .tta tr°aea]• Get IrP9 aNrt`}nanKsrY tM1T ivra- I qd •.ntlar"<°!:i elnx:norJ Tret�tlrna-e ILe,9rM1 l' 1:• r4af loaq Y nlrrareetana' Tre[t 1 x tMtx elt•we ,L st! Bt• I - .. .eeE e.Mtha Inlet a: ,tMl:exn9. trrel wn[axd[ ,tl err•t nn m .I :.S nl 3ext Lad ,. rc-drh:P v l..rtk, r r. t.,•., s _ _ 'tlrno N ilt[°9dar rtMrse[KocMLI'•::'°y.'•L'..[r alm: ilt:e !dead kr[ ,]a �.•rt relEa lrtrtt n• Fr9rnd- rt+ 1• aT' 51. 1 •'alm° rM1. W�r LruafeT I> tfir Pi r�1 °: Jc°:r el eLedrr • nIn`na• '_ l:' i 4 ':+ a tn. ar. r[r.mtton.enT R ;n. tt`i•ai;:.z'x�ra Tnle e. � .., +at d ar`' �•1 [ r eraeene. i � lS5 leer: I![r.:e •.ar Olwr >• , frrl rtna�M t'a.rt'rn r.garr.:nt. r.-c¢v _.ntv:earl. ilTT awl a to rural I r., ..I,drrna. aarar, —1.. - %r.y .n�er3 `Sorthnl• q3. 51• � - •.IL°4s��1 nn mirnrn•r n n. .1 t le m�'-n rf u acts l�•� r aoo. oR : L .n Lyr ��.n. nl Iw, c.c.y. lru. A�PiIOVID •I[AFMIJIMb IJWO ggYiyaR RF615TT]wYlel NR acic. i STATi OF /, COUHTY OF FL&VIMAO FLLEO ONTi! A_1DA? I I PAI[GEL I T yr: ' ..Tll.•i4tTa-'�r e.,5 19.-�', 4•�aeLO�K to �� ' I 2.iOl Ae.i M - - - - - - tx[- Thee enN.m.'a A1ar•roet,la nnv,e jr a>a • aw a dr u:Idrna �/ . :nr Lars eals. Tha a "'�ia^—+ d I •. .'�e� � x.Sdur ra�aet1°[ +rray xa trx �rM aty'e n a� ML.nra¢6 GIJRP( - ♦ � Ttit rtrtt'Icaer of 3maaT Ken PrrParad o E I r• :mace srpglvlelan an6 Glare In thr• 1 ,1-][ST BY •1 - �rf.C`"„ i, l'+I aaa i¢e a•Taiae t.ne .� L � etn. �,TYK ___ rrr'nesn15130K_.. .ter-ao-.rd u luxaur.TElPr :iltfGdrp Pka PCs•. ay-•�,,. cltlPrnc+cafri ar. - - "T1-IREEsla 5Gra1vL-Smarr/b',1Si,Z'-> - ra .l -lat rlet M1P•.nada:alery larlfne - =`4_- naNitY 1°renY verfel Nr¢ na M1the° ntl/a PNI.-Fb:t TIN of xtanlene Y commercial lots to be annexed: Iuare foot per lot: market value of properties to be annexed: 104,544 $451,000 F SERVICES UNDEVELOPED ACRES DEVELOPED ACREIS COST/ACRE TOTAL budget $2,923,815) 0 2.40 ($107.37) ($257.69) e (budget $4,890,061) 0 2.40 ($173.33) ($415.99) oral Gov't Services (budget $4,991,138) 0 2.40 ($167.50) ($402.00) Mal ($1,075.68) /ICE NO. OF UNITS COST/UNIT TOTAL Is (Lineal feet of road to be maintained) 0.00 ($5.05) $0.00 r (based on number of ERUs) 0.00 ($185.51) $0.00 �r (based on number of ERUs) 0.00 ($168.51) $0.00 ewater Treatment (based on number of ERUs) 0.00 ($227.38) $0.00 nwater 0.00 ($67.97) $0.00 Mal $0.00 \L ANTICIPATED COST OF SERVICE _ ($1,075.68) 'ATED CITY ASSESSMENT REVENUE GENERATED square foot to be annexed: 104,544 )er of lots: 1 SSMENT AVE SQ FT ASSESSMENT TOTAL n sewer assessment ($214.18 maximum over 1/2 acre): 104,544 0.009834 $ 214.18 �t maintenance assessment ($387 maximum over 1/2 acre): 104,544 0.017776 $ 387.00 n forestry assessment (capped at $413 per parcel): 104,544 0.0047025 $ 413.00 maintenance assessment: 104,544 0.00165 $ 172.50 age annual water and sewer usage charge $ - \L ANTICIPATED REVENUE FROM ASSESSMENTS and USAGE CHARGES = $ 1,186.68 ✓ENUE 3sed value per property: $ 451,000.00 NO. OF UNITS PROPERTY VALUE TOTAL assessed value: 1 $ 451,000.00 $ 451,000.00 TAXABLE MARKET VALUE REAL ESTATE TAX ASSESSED VALUE taxable value: $ 451,000.00 0.013 $ 5,863.00 MILLS LEVIED TOTAL tax revenue based on 800 mill levy: 0.8 $ 4,690.40 \L CITY TAX REVENUE (based on 193.3 mill levy) _ $1,133.31 FEES UNIT QUANTITY COST PER UNIT Sewer Impact Fee: ERU 0 $ 5,757.00 $0.00 Water Impact Fee: ERU 0 $ 6,418.00 $0.00 Storm Impact Fee: ERU 0 $ 1,121.00 $0.00 Police Impact Fee: Comm. Sq. Footage 0 $ 16.000 $0.00 Fire Impact Fee: Comm. Sq. Footage 0 $ 350.00 $0.00 Project Impact Fee = $0.00 kNTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) 1 $2,319.99