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H1. Reso 6003 - Final Plat Rhodes Sub
-00001 141%kh CITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Director Development Services Department 201 Ist Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Resolution 6003 - Final Plat request for Rhodes City Subdivision MEETING DATE: October 19, 2020 BACKGROUND: Our office has received a request from Marquardt Surveying on behalf of Mark and Amy Rhodes for a two -lot residential subdivision. The subdivision will subdivide an existing 0.33- acre lot into two lots (one being 7,242 square feet and the other 6,958 square feet). The property to be subdivided is zoned R-3 (Residential) and contains two single-family residences. The subdivision will result in each home being on its own lot. The preliminary plat was waived on May 8, 2020, because it was found that the proposed subdivision met the criteria for preliminary plat waiver as outlined in Section 28.2.08 of the Kalispell Subdivision Regulations. All of the conditions of the preliminary plat waiver have been met or adequately addressed. The findings of fact for approval of the plat are found in attached staff report KWP-20-02. The subject property is located at 362 and 370 2nd Avenue West North and can be described as Assessor's Tract 2BA in the Northwest Quarter of the Southeast Quarter of Section 7, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana. RECOMMENDATION: It is recommended that the Kalispell City Council approve the final plat request for Rhodes City Subdivision. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 6003 Final plat compliance letter Staff report KWP-20-02 Application Materials c: Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO. 6003 A RESOLUTION APPROVING THE FINAL PLAT FOR RHODES CITY SUBDIVISION, DESCRIBED AS ASSESSOR'S TRACT 2BA IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND AS FURTHER DESCRIBED ON EXHIBIT "A". WHEREAS, Marquardt Surveying, on behalf of Mark and Amy Rhodes, the owners of the certain real property described above, has petitioned for approval of the final Subdivision Plat of said property; and WHEREAS, the preliminary plat was waived on May 8, 2020 as the subdivision met the criteria for preliminary plat approval waiver, as outlined in Section 2.08 of the Kalispell Subdivision Regulations (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), subject to seven conditions, all of which have been met; and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report (#KWP-20-02) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report #KWP-20-02 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Marquardt Surveying, on behalf of Mark and Amy Rhodes, the owners of the certain real property described as Assessor's Tract 2BA in the Northwest Quarter of the Southeast Quarter of Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Rhodes City Subdivision is hereby approved. SECTION 3. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION 4. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 19TH DAY OF OCTOBER, 2020. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT "A" That portion of the Northwest 1/4 of the Southeast 1/4 of Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the intersection of the centerlines of Second Avenue West North and West Washington Street: Thence along the centerline of West Washington Street, South 76°09'55" West 33.00 feet to the Westerly right of way of Second Avenue West North; Thence along said Westerly right of way, North 13°45'23" West 83.00 feet to the POINT OF BEGINNING; Thence continuing along said Westerly right of way of Second Avenue West North, North 13°45'23" West 100.00 feet; Thence South 76°14'37" West 150.00 feet; Thence South 13°45'23" East 100.00 feet; Thence North 76°14'37" East 150.00 feet to the Point of Beginning, containing 0.33 acres of land, all as shown hereon. Subject to and together with easements of record. CTTY OF KALISPELL October 14, 2020 Doug Russell, City Manager City of Kalispell 201 1st Avenue East Kalispell, MT 59901 Development Services Department 201 1' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Re: Resolution 6003 - Final Plat for Rhodes City Subdivision Dear Doug: Our office has received a request from Marquardt Surveying on behalf of Mark and Amy Rhodes for a two -lot residential subdivision. The subdivision will subdivide an existing 0.33-acre lot into two lots (one being 7,242 square feet and the other 6,958 square feet). The property to be subdivided is zoned R-3 (Residential) and contains two single-family residences. The subdivision will result in each home being on its own lot. The preliminary plat was waived on May 8, 2020, because it was found that the proposed subdivision met the criteria for preliminary plat waiver as outlined in Section 28.2.08 of the Kalispell Subdivision Regulations. All of the conditions of the preliminary plat waiver have been met or adequately addressed. The findings of fact for approval of the plat are found in attached staff report KWP-20-02. The subject property is located at 362 and 370 2nd Avenue West North and can be described as Assessor's Tract 213A in the Northwest Quarter of the Southeast Quarter of Section 7, Township 28 North, Range 21 West, M.P.M, Flathead County, Montana. COMPLIANCE WITH CONDITIONS OF APPROVAL: Prior to final plat: 1) That the final plat is insubstantial compliance with the preliminary plat that was waived. Staff Response: This condition has been met. The final plat is insubstantial compliance with the waiver of preliminary plat. 2) This waiver of preliminary plat approval is valid for three years and will expire on January 11, 2022. Staff Response: This condition has been met. Final plat application is occurring prior to expiration. 3) The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Staff Response: This condition is not applicable. There are not water or sewer plans necessary for this subdivision. 4) Prior to final plat, both lots shall have individual water and sewer service lines constructed in accordance with the City of Kalispell Construction and Design Standards. Staff Response: This condition has been met. Public Works confirmed that there are individual lines for each lot. 5) Prior to final plat, 8 feet of alley right-of-way shall be dedicated to the city adjacent to the subdivision. Staff Response: This condition has been met. The alley right-of-way is dedicated on the face of the plat. 6) A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Staff Response: This condition is not applicable. There is no new infrastructure associated with the subdivision. 7) Prior to final plat, Lot 2 shall have installed two off-street parking spaces in accordance with Chapter 27.24 of the Kalispell Zoning Ordinance. Staff Response: This condition has been met. Two parking spaces have been installed. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was waived on May 8, 2020. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. All taxes are current and there are no liens or encumbrances on the property. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-3 Zoning designation, which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECOMMENDATION: It can be found that the conditions of the waiver of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat for Rhodes City Subdivision. Please schedule this matter for the regular City Council meeting on October 19, 2020. Attachments: - Staff Report KWP-20-02 - 2 Mylars of final plat - Copy of final plat - Applicant responses and application dated 9/23/20 - First American Title Report 5010500-915314-CT dated 7/14/20 - Tax Certification dated 7/28/20 - Consent to Platting from Glacier Bank dated 8/7/20 - Montana Department of Environmental Quality MFE letter dated 7/20/20 - Waiver of Preliminary Plat Approval dated 5/8/20 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk RHODES CITY SUBDIVISION REQUEST FOR FINAL PLAT STAFF REPORT #KWP-20-02 KALISPELL PLANNING DEPARTMENT OCTOBER 14, 2020 This is a report to the Kalispell City Council detailing findings of fact for a two -lot residential subdivision. Preliminary plat approval for this minor subdivision was waived on May 8, 2020, with 7 conditions of approval. BACKGROUND: A request from Mark and Amy Rhodes for a two -lot residential subdivision. The subdivision will subdivide an existing 0.33-acre lot into two lots (one being 7242 square feet and the other 6958 square feet). The property to be subdivided is zoned R-3 (Residential) and contains two single-family residences. The subdivision will result in each home being on its own lot. The preliminary plat was waived on May 8, 2020, because it was found that the proposed subdivision met the criteria for preliminary plat waiver as outlined in Section 28.2.08 of the Kalispell Subdivision Regulations. Specifically, it meets the following criteria: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. A: Applicant: Mark and Amy Rhodes 55 Maple Ridge Kila, MT 59920 Technical Assistance: Marquardt Sureying 201 Yd Ave West Kalispell, MT 59901 B: Location: The property is located at 362/370 2nd Avenue West North and can be described as Assessor's Tract 2BA in the Northwest Quarter of the Southeast Quarter of Section 7, Township 28 North, Range 21 West, M.P.M, Flathead County, Montana. A specific metes and bounds description is listed on the face of the plat, which is included with this report. 1 C: Existing Land Use and Zoning: The zoning of the subject property is R-3 (Residential). It currently contains two single-family residences. The R-3 zone is intended "to provide lot 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. i Kaispell Zoning Exhibit - October 9th, 2020 NOM 363 & 370 2nd Ave WN Zoning � ccmmerda Au _ -HHgroom000 6uGnew B-1 - ugM p He y InGuehlal - H.M Care `1 - R[ denlal�ProfeasWN Croce - I R.denlal Twe Family ReslO =I - - Multl-family Res We 1 R-3 - Re nIa paNnem —. Subject Property oIK�,YON Ss 74 _ - - ------ R P Y v N{Gli'N0. z Y 6-2 { ,N �ONTANAS Dare: C mber arh 2C,2C FilePafi: Jf2 M10b-2020 iC I KAL SPE KMi,IAI Planning Dept. - - - D. Size: The subject property is approximately 0.33 acres. E: Adjacent Zoning: North: R-3 East: B-2 South: B-2 West: B-2 & RA -I F: Adjacent Land Uses: North: Single-family East: Single-family South: Single-family and commercial West: Single-family G: General Land Use Character: The property is in a single-family residential area. About one-half block to the south, the area transitions into a general commercial area along West Idaho Street. H: Availability of Public Services and Extension of Services: The property is currently located within the City of Kalispell and all services are available to the property. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District #5 - Russell Elementary/Glacier High School Fire: City of Kalispell Police: City of Kalispell REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT Plat of w� RHODES CITY SUBDIVISION NW19 50/4, S=o- 7. -MN R21%. P.M., M. Ckty of "iispWL. FlaMeaA C—tv, Mo Mne ...is�...a..Wo.nr EF4 E— ===..,.,.. .: �..�..... ll E x LOT1 7, f°>onw..--.............,..,....r.-.,.�.......v.,...,..� LOT 2 PrYtiMFNf - _ # 1 [i —I sxti4•srw - .dpp•— _ Lot 2 I5-/o5j2ZZC- 4 A. Effects on Health and Safety: Fire: The property is considered to be at low risk of fire. There are no unusual aspects of the site which would contribute to fire danger, and fire hydrants are located in the adjoining street right-of-way. Flooding: The subject property is located entirely outside of the 100-year floodplain per the Flood Insurance Rate Map (panel number 30029C1805J). Access: Frontage for both lots would be on 2nd Avenue West North, but both properties would have alley access and are constructed with the garages in back for access off of the alley. B. Effects on Wildlife and Wildlife Habitat: There are no water features which would provide aquatic or riparian habitat. There also does not appear to be any significant wildlife impacts. The Resources and Analysis Section of the Kalispell Growth Policy includes information from the Montana Department of Fish, Wildlife and Parks relating to deer, elk and moose habitat. The maps show a whitetail deer density of less than five per square mile, and no significant elk or moose habitat. Lastly, the property is not considered suitable habitat for wildlife since the subject property is within an urban area and currently surrounded by development. C. Effects on the Natural Environment: Topography, Geology and Soils: The overall site is generally flat without significant topography or slopes. A Geotech report is not required because it is a minor subdivision. Surface and Groundwater: The subdivision will be served by public water and sewer thereby minimizing any potential impacts to groundwater. There is no surface water on or near the site. Drainage: There is curb/gutter and a stormwater system within the adjacent right-of-way. No special on -site drainage improvements would be required. D. Effects on Local Services: Water: Water to the subdivision will be provided by the City of Kalispell via existing mains. The homes are already served with city water (one house undergoing work does not have the water currently turned on) with individual lines serving each lot. There is adequate capacity within the city's water system to accommodate this subdivision. Sewer: Sanitary sewer to the subdivision will be provided by the City of Kalispell via existing mains. The homes are already served by city sewer service with individual lines serving each lot. There is adequate capacity within the city's sewer system to accommodate this subdivision. 5 Access and Roads: Frontage for both lots would be on 2nd Avenue West North, but both properties would have alley access and are constructed with the garages in back for access off of the alley. No improvements to the public right-of-way is required. Schools: The property is within the boundaries of School District 95 (Russell Elementary and Glacier High School). On average, it would be anticipated that there would be about one student from the neighborhood at full build -out. Section 76-3-608(1) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire protection and there is a hydrant in the adjacent street. Fire station 61 is located approximately 0.6 miles away, providing good response time. Parks and Recreation: There is no open space or parkland as part of the subdivision, as the size of the subdivision is an exception to the general park dedication requirement. The residents would have access to the city park system, including Washington Park about four blocks to the west. Solid Waste: Solid waste will be handled by the City of Kalispell. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is about 0.8 miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has not recently been used for agricultural purposes. It has been used for single- family purposes as part of a larger sized parcel. The subdivision would have minimal effect on agriculture or agricultural water use. 6 Kaispell Zoning Exhibit - October 9th, 2020 NORTH 363 & 370 2nd Ave WN ® SP - Comnten;; I gr 11649 orhhod Commercial bd-bW urban ui-c! use - High Density Residential U rban Ihb- Residential Suburban Residen5a1 Residential City Ripan-G v. Public O Public, Openspace OK 1A ST - Flood—y m f Subject Property r t sn+�C"OH ss z � Commercial F Nw %IN x MONTI, A5T W Date: ocmoe• ath 2026 FilePath: J'•=❑2C1W-0- 37 Kalispell Planning Dept. KALISPELL a F: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are in the vicinity and available to the subj ect property. G. Compliance with Zoning: The request complies with the R-3 zoning regulations. A minimum lot area of 6000 square feet and minimum width of 50 feet are required under the R-3 development standards. The minimum dimensions are met for both lots. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.08 of the regulations which include the following: (1) the subdivision contains five or fewer lots; (2) there is no public dedication of streets or public or private parkland; (3) all lots have legal and physical access conforming to the subdivision regulations; (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal water and sewer are adequate and in place; (6) the subdivision complies with the subdivision and current zoning regulations; and (7) no significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environmental, wildlife and wildlife habitat and the public health and safety. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-20-02 as findings of fact for the proposed subdivision and approve the final plat for Rhodes City Subdivision. 7 Rhodes PJ Sorensen <psorensen@kalispeII.com> Tue 10/13/2020 4:21 PM To: Kari Barnhart <khernandez@kalispell.com> That portion of the Northwest 1/4 4f the Southeast 1/4 of krfion 7. Township 28 North. Range 21 West. P.K4-, M_, FlatF"d comfy. Montana, described as follows: Commencing at the Intersection of the centerlines of Second Avenue West North end West Washington Street; Thence along the centerline of West Washington Street. South 76'09'55" West 33.00 feet to the Westerly right of way of Second Avenue West North: I hence along said Westerly right of wey, Nvrrh 13.4323" West 83.00 feet W the P'QINT OF f3E60NING. Thence cohtlnuing along said Westerly right of way of Second AvenueWest North. North 13'45'23" West 100.00 Feet; Thence South 76`I4337" West 150.OU feet; Thence South 1 Y45'23' East I 00 feet; Thence North 76'14'37' East 15000 feet to the Pbint of Beginning, containing O.33 acres of land, all as shown hereon. Subject to and together with easemwnb pf record_ 5 R his a x £1 £ t g g c yE \ •\\ kC fin. c ' � � L t�qq a ���zi .a Na a � � 3 � � e� rq • � �y � T i 3 E _ _Z � 3t � k � dui oEn r ; A � Ede 23 t g31 � YM 31 1G 9t 3i s5 `� _ g € . jp I., 8 �4I Ho o Y � e a i gS tA {) v iyt3ay uj W - T p„tl�` "� .t ry pEpiCR��4 41 1' "v 1�rqu�rc�t :�,j Sup-veying September 23`d, 2020 City of Kalispell Planning & Zoning 201 1" Avenue East Kalispell, MT 59901 RE: Rhodes City Subdivision Final Plat Application W20131d Ave. West Kalispell, MT 59901 infoCPmm5uwey.net P (406) 755-6285 F (406) 755-3055 Job No. 18-246 (Rhodes City) Enclosed is the Final Plat application for Rhodes City Subdivision. The following items required in conjunction with the application are also enclosed: • Final PIat application fee (ck #235 for $1050.00) • A title report prepared by First American Title Company • Certification from the County Treasurer's Office stating that all real property taxes and special assessments assessed and levied on the land have been paid. • Consent to Platting from Glacier Bank Waiver of Preliminary plat approval was granted on May 8, 2020. The conditions of approval have been met as follows: 1. That the final plat is in substantial compliance with the preliminary plat that was waived. 2. The waiver of preliminary plat approval is valid for three years and will expire on January 11, 2022. 3. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Municipal Facilities Exclusion Letter enclosed. 4. Prior to final plat, both lots shall have individual water and sewer service lines constructed in accordance with the City of Kalispell Construction and Design Standards. The 2 existing houses are currently connected to City water and sewer service lines. 5. Prior to final plat, 8 feet of alley right-of-way shall be dedicated to the city adjacent to the subdivision. Dedicated on Subdivision Plat. Pagel of 2 6. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. No new infrastructure was required. There were two existing homes on the property. Prior to final plat, Lot 2 shall have installed two off-street parking spaces in accordance with Chapter 27.24 of Kalispell Zoning 4ridance. Notice the enclosed pictures. If you have any questions, please do not hesitate to contact our office. Sincerely, Dawn Marquardt Page 2 of 2 Planning DCDartment 201 1" Avenue East CIT Y CIF Kalispell, MT 59901 -I S P ELL Phone: (406) 940 Fax: (406) 758-7738-7734 www.kalispell.com/planning FINAL PLATAPPLICATION Project /Subdivision Name:_ ,-S l;, Contact Person: Address: _J.0I AVe,ln�u Wnf 5CIRO 1 Phone No.:Kul� --Tss- - (a2,g s Date of Preliminary Plat Approval: w GL Owner & Mailing Address: M Y- A04 LA k1106es 55 K-16 nnT 5qctlo CDC) 8�5 ^ 73'welc Type of Subdivision: Residential ✓ Industrial Commercial PUD Other Total Number of Lots in Subdivision Land in Project (acres) �aLyes Parkland (acres) Cash -in -Lieu $ Exempt No. of Lots by Type: Single Family Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development _ Condominium Multi -Family �� Other Legal Description of the Property � 1/11 I /'* SE i /4 Se on J � C FILING FEE ATTACHED $ Q90 . Minor Subdivision with approved preliminary plat $400 + $125/lot Major Subdivision with approved preliminary plat $800 + $125/lot VSubdivisions with Waiver of Preliminary Plat $800 + $125/lot Subdivision Improvements Agreement $50 NV 1 Attached Not Applicable (MUST CHECK ONE) Health Department Certification (Original) Title Report (Original, not more than 90 days old) �- Tax Certification (Property taxes must be paid) �— Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) ✓ Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: 2 mylars 1 11X17 Copy 1 full size copy 1 Electronic Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. "NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. Owner(s) Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 GUARANTEE Issued by First American Title Company 219 East Center Street/PO Box 13101 Kalispell, MT 59901 Title Officer: Ted Gigrich Phone. (406)752-5388 FAX- (406)752-9617 File No. 915314-CT Cover Pane SE a�Ekl. ..III\ai, FirstArnerican Title Form 5010500 (7.1-14) Guarantee Number; 501055- Guarantee Face Page Issued By FIRST AMERICAN TITLE INSURANCE COMPANY A M IE R FirstAmerican Title's'` First American Title Insurance Company Dennis J Gilmore, Pfesfdent Greg L Smith- Secretary This jacket was created electronically and constitutes an original document No. 915314-CT Page 2 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 (7-1-14) 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 title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice 3. NO DUTY TO DEFEND OR PROSECUTE. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS, DUTY OF ASSURED CLAIMANT TO COOPERATE. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of File No. 915314-Cr Page 3 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 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 lienhofder, 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 prosecbon 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 No. 915314-CT Page 4 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 (7-1-14) GUARANTEE CONDITIONS AND STIPULATIONS (Continued) 8. 10. 11. 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. 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. 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. 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. 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. 23. 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. No. 915314-CT Page 5 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 (7-1-14) Subdivision Guarantee FirstAmerican erica l dc- ISSUED BY "41reo First American Title Insurance Company GUARANTEE NUMBER Guarantee 5010500-915314-CT Subdivision or Proposed Subdivision: RHODES CITY SUBDIVISION Order No.: 915314-CT Reference No.: 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: Mark Rhodes and Amy Rhodes 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: A TRACT OF LAND IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, M.P.M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH IS 66 FEET IN A WESTERLY DIRECTION FROM THE SOUTHWEST CORNER OF BLOCK 240 OF KALISPELL TOWNSITE COMPANY'S ADDITION NUMBER SIX TO KALISPELL, MONTANA, AND ON A LINE WHICH IS A CONTINUATION OF THE SOUTHERLY LINE OF SAID BLOCK 240; THENCE NORTHERLY IN A STRAIGHT LINE, PARALLEL WITH THE WESTERLY LINE OF SAID BLOCK 240, A DISTANCE OF 50 FEET TO THE PLACE OF BEGINNING; THENCE FROM SAID PLACE OF BEGINNING AT RIGHT ANGLES WESTERLY, A DISTANCE OF 150 FEET TO A POINT; THENCE AT RIGHT ANGLES NORTHERLY, A DISTANCE OF 100 FEET TO A POINT; THENCE AT RIGHT ANGLES EASTERLY, A DISTANCE OF 150 FEET TO A POINT; THENCE AT RIGHT ANGLES SOUTHERLY, A DISTANCE OF 100 TO THE PLACE OF BEGINNING. MORE ACCURATELY DESCRIBED AS FOLLOWS: A TRACT OF LAND IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, M.P.M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH IS 66 FEET IN A WESTERLY DIRECTION FROM THE SOUTHWEST CORNER OF BLOCK 240 OF KALISPELL TOWNSITE COMPANY'S ADDITION NUMBER SIX TO KALISPELL, MONTANA, AND ON A LINE WHICH IS A CONTINUATION OF THE SOUTHERLY LINE OF SAID BLOCK 240; THENCE NORTHERLY IN A STRAIGHT LINE, PARALLEL WITH THE WESTERLY LINE OF SAID BLOCK 240, A DISTANCE OF 50 FEET TO THE PLACE OF BEGINNING; THENCE FROM SAID PLACE OF le No. 915314-CT Page 6 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form S010500 (7-1-14) BEGINNING AT RIGHT ANGLES WESTERLY, A DISTANCE OF 150 FEET TO A POINT; THENCE AT RIGHT ANGLES NORTHERLY, A DISTANCE OF 100 FEET TO A POINT; THENCE AT RIGHT ANGLES EASTERLY, A DISTANCE OF 150 FEET TO A POINT; THENCE AT RIGHT ANGLES SOUTHERLY, A DISTANCE OF 100 FEET TO THE PLACE OF BEGINNING. (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: Mark Rhodes and Amy Rhodes and Glacier Bank (B) Parties holding liens or encumbrances on the title to said lands are: 2020 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2019 $1175.57 $1175.53 75-0040950 (PAID) (PAID) 2. Deed of Trust dated October 30, 2018, to secure an original indebtedness of $188,000.00, and any other amounts and/or obligations secured thereby Recorded: October 30, 2018, as Instrument No. 2018-00026643 Grantor: Mark Rhodes and Amy Rhodes Trustee: Insured Titles Beneficiary: Glacier Bank (C) Easements, claims of easements and restriction agreements of record are: 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. 4. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Record of Survey recorded May 9, 1957, in Book 402 of Deeds, Page 86, 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). Easement for a natural gas pipeline granted to The Montana Power Company, recorded October 11, 1995 Instrument No, 95-284-09200. 6. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the pending plat of RHODES CITY SUBDIVISION, 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). No. 915314-CT Page 7 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 f7-1-141 Date of Guarantee: July 14, 2020 at 7:30 A.M. First American Title Company By: I Authorized Countersignature File No. 915314-CT Page 8 of 11 Guarantee Face Page - Exclusions, Conditions and Stipuiations Form 5010500 (7-1-14) r. r i ' � FirstArnerican Title'"' Privacy Notice Effective: November 1, 2019 Notice Last Updated: November 1, 2019 This Privacy Notice describes how First American Financial Corporation and its subsidiaries and affiliates (together referred to as "First American," "we," "us," or "our") collect, use, store, and share your information. This Privacy Notice applies to information we receive from you offline only, as well as from third parties. For more information about our privacy practices, please visit https://www.firstam.com/privag-poliindex.html. The practices described in this Privacy Notice are subject to applicable laws in the places in which we operate. What Type of Information Do We Collect About You? We collect both personal and non -personal information about and from you. Personal Information is non -pubic information that can be used to directly or indirectly identify or contact you. Non -personal information is any other type of information. How Do We Collect Your Information? We collect your personal and non -personal information; (1) directly from you; (2) automatically when you interact with us; and (3) from third parties, including business parties and affiliates. How Do We Use Your Information? We may use your personal information in a variety of ways, including but not limited to providing the services you have requested, fulfilling your transactions, comply with relevant laws and our policies, and handling a claim. We may use your non -personal information for any purpose. How Do we Share Your Personal Information? We do not sell your personal information to nonaffiliated third parties. We will only share your personal information, including to subsidiaries, affiliates, and to unaffiliated third parties: (1) with your consent; (2) in a business transfer; (3) to service providers; and (4) for legal process and protection. If you have any questions about how First American shares your personal information, you may contact us at dataprivacy@firstam.com or toll free at 1-866-718-0097. How Do We Secure Your Personal Information? The security of your personal information is important to us. That is why we take commercially reasonable steps to make sure your personal information is protected. We use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your personal information. How Long Do We Keeu Your Personal Information? We keep your personal information for as long as necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use, storage, and sharing of your personal information. In accordance with applicable law, your controls and choices. You can learn more about your choices, and exercise these controls and choices, by sending an email to dataprivacy@firstam.com or toll free at 1-866-718-0097. International Jurisdictions: Our Products are hosted and offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Products from another country, please be advised that you may be transferring your personal information to us in the US, and you consent to that transfer and use of your personal information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Products, and your agreements with us. We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on this page, and where appropriate provided in person or by another electronic method. YOUR CONTINUED USE, ACCESS, OR INTERACTION WITH OUR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE. Contact us dataprivacy@firstam.com or toll free at 1-866-718-0097. O 2019 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF FirstArne. can Title' For California Residents If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018 ("CCPA"). All phrases used in this section shall have the same meaning as those phrases are used under California law, including the CCPA. Right to Know. You have a right to request that we disclose the following information to you: (1) the categories of personal information we have collected about or from you; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for such collection and/or disclosure of your personal information; (4) the categories of third parties with whom we have shared your personal information; and (5) the specific pieces of your personal information we have collected. To submit a verified request for this information, go to our online privacy policy at www.firstam.com/privagy-poligl to submit your request or call toll -free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online policy at www.frstam.com/privacy-policy to submit your request or by calling top -free at 1-866-718-0097 and submitting written proof of such authorization to dataprivacy@firstam.com. Right of Deletion. You also have a right to request that we delete the personal information we have collected from you. This right is subject to certain exceptions available under the CCPA and other applicable law. To submit a verified request for deletion, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll -free at 1-866-718-0097, You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy-policy to submit your request or by calling toll -free at 1-866-718-0097 and submitting written proof of such authorization to dataprivacy@firstam.com. Verification Process. For either a request to know or delete, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the personal information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury. Rat to Ogt-Out. We do not sell your personal information to third parties, and do not plan to do so in the future. Right of Non -Discrimination. You have a right to exercise your rights under California law, including under the CCPA, without suffering discrimination. Accordingly, First American will not discriminate against you in any way if you choose to exercise your rights under the CCPA. Collection Notice. The following is a list of the categories of personal information we may have collected about California residents in the twelve months preceding the date this Privacy Notice was last updated, including the business or commercial purpose for said collection, the categories of sources from which we may have collected the personal information, and the categories of third parties with whom we may have shared the personal information: Categories of The categories of personal information we have collected include, but may not be limited to: real name; signature; Personal alias; SSN; physical characteristics or description, including protected characteristics under federal or state law; Information address; telephone number; passport number; drives license number; state identification card number; IP address; Collected policy number; file number; employment history; bank account number; credit card number; debit card number; financial account numbers; commercial information; intemet or other electronic network activity; geolocation data; audio and visual information; professional or employment information; and inferences drawn from the above categories to create a qrofile about a consumer. Categories of categories of sources from which we've collected personal information include, but may not be limited to: the Sources consumer directly; public records; governmental entities; non-affiliated third parties; social medial networks; affiliated third oarties. Business The business purposes for which we've collected personal information include, but may not he limited to: Purpose for completing a transaction for our Products; venfyfng eligibility for employment; facilitating employment; performing Collection services on behalf of affiliated and non-affiliated third parties; debugging to identify and repair errors that impair existing intended functionality on our Websites, Applications, or Products; protecting against marrcious, deceptive, fraudulent, or illegal activity, Categories of The categories of third parties with whom we've shared personal information include, but may not be limited to: Third Parities advertising networks; internet service providers; data analytics providers; service providers; government entities; Shared L opwat[ng systems and latforms; social media networks non-affiliated third artier; affiliated third partes. © 2019 First American Financiaf Corporation and/or its affiliates. All rights reserved. NYSE: FAF FirstAmerican Title — Categories of Personal Information we have Sold In the Past Year. We have not sold any personal information of California residents to any third party in the twelve months preceding the date this Privacy Notice was last updated. Categories of Personal -Information Disclosed for Business Purpose In The Past Year. The following is a list of the categories of personal information of California residents we may have disclosed for a business purpose in the 12 months preceding the date this Privacy Notice was last updated: The categories of personal information we have collected include, but may not be limited to: real name; signature; alias; SSN; physical characteristics or description, including protected characteristics under federal or state law; address; telephone number; passport number; driver's license number; state identification card number; IP address; policy number; file number; employment history; bank account number; credit card number; debit card number; financial account numbers; commercial information; internet or other electronic network activity; geolocation data; audio and visual information; professional or employment information; and inferences drawn from the above categories to create a profile about a consumer. © 2U14 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF 3y{b4 va Ty O31Y:a3 ! 9g 70 a aNr � o Am • � N � � d �„K�• v td w` � o c/i �aa aani�'" � i A -nN pp✓ s� . . q .c itr ' fit 4 ppp cc } F a r tp Sall= t a 3 wp" g A M E R 7 � C � 4 F y This map is provided solely for the purpose NW4 of assisting in locating the Land, and the Company assumes no liability for variations, if any, with actual survey. SE4 7 28 21 SCALE V =100' �o--llLI,.ea THIS MAP IS PREPARED ONLY FOR THE ADMINISTRATIVE LISE OF FLATHEAD COUNTY AND tS NOT NECESSARILY AN ACCURATE REPRESENTATION OF THE LOCATION OR EXISTENCE OF TRACTS OF RECORD, THEIR BOUNDARIES OR EASEMENTS AND ROADWAYS. ---------- - 11 - 3 - - -� ----- 7 ------ 2GE 2Cg 4 6 10 8 xCF MCP 9 5 7 51 12 G 2G UGH 8 6 og GO A 1 11 2C 7 12 2 10 2G0 ?,cc WEST 1 3 2�PP SEA 12 2 10 4 7AY'5A 2E 2�GA 11 3 9 5 2gDD 2s 6 2a�C �gE 2 2gDE ZgB 2o - r nA 10 8 7 1Dp,Ho 12 U 10 '----a Z012 N) b ,C ZZ 16 8 `-� 15 10 m 14 1 5 KQ Ci 13 - ---- ----- ----- Page 1/1 ISUBJECTI J III�Il�IIIIIIIIIIIH11IIfl�illllll�llli'I1I�1II�IIIi11III�IIIIIII�II1111110 P:Qea°=of342 00 Debbie Plsrson, Fletheed County MT by RC 10/30/201lf 2 & PM AND WHEN RECORDED MAIL TO: Mark Rhodes and Amy Rhodes 47aa Fled For Record at Request of- Space Above This Line for Recorder's Use Only Insured Titles Order No.: 697641-BT Parcel No.: 0040650 Q. WARRANTY DEED p (3oint Tenancy) a FOR VALUE RECEIVED, Randy Hogue ki hereinafter called Grantor(s), do(es) hereby grant, bargain, sell and convey unto Mark Rhodes and Amy Rhodes 144 whose address is: 370 znd Ave WN, Kalispell, MT 59901 hereinafter called Grantees, as joint tenants (and not as tenants in common) and to the survivor of said G named joint tenants, and to the heirs and assigns of such survivor, the following described premises, in WFlathead County, Montana, to -wit: C7 A TRACT OF LAND IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, IL TOWNSHIP 28 NORTH, RANGE 21 WEST, M.P.M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS �L FOLLOWS: COMMENCING AT A POINT WHICH IS 66 FEET IN A WESTERLY DIRECTION FROM THE SOUTHWEST CORNER OF BLOCK 240 OF KALISPELL TOWNSiTE COMPANY'S ADDITION NUMBER SIX TO KALISPELL, MONTANA, AND ON A LINE WHICH IS A CONTINUATION OF THE SOUTHERLY LINE OF SAID BLOCK 240; THENCE NORTHERLY IN A STRAIGHT LINE, PARALLEL WITH THE WESTERLY LINE OF SAID BLOCK 240, A DISTANCE OF 50 FEET TO THE PLACE OF BEGINNING; THENCE FROM SAID PLACE OF BEGINNING AT RIGHT ANGLES WESTERLY, A DISTANCE OF 150 FEET TO A POINT; THENCE AT RIGHT ANGLES NORTHERLY, A DISTANCE OF 100 FEET TO A POINT; THENCE AT RIGHT ANGLES EASTERLY, A DISTANCE OF 150 FEET TO A POINT; THENCE AT RIGHT ANGLES SOUTHERLY, A DISTANCE OF 100 TO THE PLACE OF BEGINNING. Page 1 of 3 f I�11111111111011111110%11111111111111111 Page: 2 of 3 Fees. $21.00 10/30/2018 2:12 PM MORE ACCURATELY DESCRIBED AS FOLLOWS: A TRACT OF LAND IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, M,P.M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH IS 66 FEET IN A WESTERLY DIRECTION FROM THE SOUTHWEST CORNER OF BLOCK 240 OF KALISPELL TOWNSITE COMPANY'S ADDITION NUMBER SIX TO KALISPELL, MONTANA, AND ON A LINE WHICH IS A CONTINUATION OF THE SOUTHERLY LINE OF SAID BLOCK 240; THENCE NORTHERLY IN A STRAIGHT LINE, PARALLEL WITH THE WESTERLY LINE OF SAID BLOCK 240, A DISTANCE OF 50 FEET TO THE PLACE OF BEGINNING; THENCE FROM SAID PLACE OF BEGINNING AT RIGHT ANGLES WESTERLY, A DISTANCE OF 150 FEET TO A POINT; THENCE AT RIGHT ANGLES NORTHERLY, A DISTANCE OF 100 FEET TO A POINT; THENCE AT RIGHT ANGLES EASTERLY, A DISTANCE OF 150 FEET TO A POINT; THENCE AT RIGHT ANGLES SOUTHERLY, A DISTANCE OF 100 FEET TO THE PLACE OF BEGINNING. SUBJECT TO Covenants, Conditions, Restrictions, Provisions, Easements and encumbrances apparent or of record. TO HAVE AND TO HOLD, the said premises, with its appurtenances unto the said Grantees, as joint tenants with the right of survivorship (and not as tenants in common) and to the heirs and assigns of the survivor of said named tenants forever, And the said Grantor(s) do(es) hereby covenant to and with Grantees, he(she or they) is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances except for taxes and assessments for current and subsequent years and he (she or they) will warrant and defend same from all lawful claims whatsoever, Dated: OctoberL�2018 Page 2 of 3 Page•03 of 3642 Fees: $21.00 20/30/2018 2:12 PM Randy Hogue STATE OF Dt-- % 55. COUNTY OF This instrument was acknowledged before me on October zie. 2018an ogue. Page 3 of 3 Real Pr6perty Inquiry Screen — Page 1 of I Options I inquiry Overview Unpaid Taxes Pay Taxes Tax History Tax Sill Disclaimer Email: Email Overview Rpt Active Header Year: 20 Assessor: 0040950 SD: 75 Names . 1M RHODES, MARK & AMY Addresses: Mailing Address PO BOX 445 KILA MT 59920 Physical Address Multiple Physical Addresses Present Legal Descriptions Record #01 Sec:07 Twp:28 Rng:21 DescriptioniTR 2BA IN NW4SE4 Acres: 0.34 Value record(s) for year 2020 Catcd Description Acres 1 22010 RESIDENTL CI 0.34 1 35010 IMPS ON RES 0.00 Value TaxableVal Geocode 41750 564.00 07396607437090000 1667DO 2250.00 07396607437090000 https:Hlandpublic.flathead.mt.gov/lipublic/?LAND_Web_Public 7/21/2020 Real Property Inquiry Screen... Page 1 of 1 Options Inquiry Overview Unpaid Taxes Pay Taxes Tex History Tax Bill Disclaimer Assr: 0040 550 Year SD Ins Taxbill Date Du Date Pai ax Am oid/P.bat Pen/In Total https://Iandpublic.flathead.mt.gov/lipublic/?LAND-Web-Public Pai - � - 02012 N 2019 75 2 01949684 8/31/201 05/26/2 1175.53 1.175.5 2019 75 1 0194968411/30/1 11/27/1 1175.57 1175.57 2016 75 2 201849268 5/31/1 05/26/1 1153.9 1163.951 2018 75 1 20i84925811/30/18 1D/31/Y$1153.9 1163.9 2017 75 2 201748848 5/31 18 05/18/1 1166.3 1166.3 2017 75 1 0174884811/30/17 11/21/171156.9D 1166.4 2016 75 2 20164848 5/31/1 05/19/171010.21 1010.21 2016 75 1 016484B9111/30/161 1 11/15/1 1010.2 1010.2 2015 75 2 015481991 5/31/161 05/23/1 1009.08 1009.08 2015 75 1 01548199111/30/151 1 11/20/1 1009.11 1009.11 2014 75 2 01448018 /151 05/26/1 1075.9 1075.90 2019 75 1 0144801 11/30/1 11/28/141075.9 1075.91 2013 75 2 20134794 5/31/14 05/28/141060.88 1060.B8 2013 75 1 0134794 11130/1 11/22/1 1060.88 1060.88 75 2 20126056 5/31/1 05/29/1 1056.39 1D66.34 2012 75 1 0125056 11/30/12 11/29/1 Z066.3 1066.3 2012 75 2 0124790E 5/31/1 Voidecl 0.001 1068.57 2012 75 1 20124790 11/30/12 Voide 0.0 1068.5 2011 75 2 201147752 5131/12 05/29/1 1089.57 1p89.5 2011 75 1 Oi14775211/30 11 11/29/111089.57 1089.57 2010 75 2 01047619 5/31/1 05/2611 1088.9 41.14 1086.98 2010 75 1 120104761411/30/10 11/30/1 YY30.1 1130.1 200975 2 00947274 611/1 10/29/1 1151.69 70.9 1222.52 2009 75 1 0094727411/30/0 10/29/1 1151.69 128.7 1280.3 2008175 2 200846364 5/31/0 10/29/1 1182.09 191.3 1373.4 2008 75 1 20084636911/30/08 10/29/1 1182.0 250.3 1432.38 2007 75 2 200744678 5/31/08 09/29/081144.3 61.12 1205.4 2007 75 1 20074467811/30/07 11/30/071144.3 1144.331 200675 2 00643081 5/31/07 05/31/071125.9 1125.9 2006 75 1 20064308111/30/0 11/19/0 1126.00 1126.00 2005 75 2 0054153 5/31/0 06/21/0 1141.98 32.2 1174.1 2005 75 1 0054153 11 36 D 12 30 0 1142.02 32.531 1174.5 7/21/2020 FLATHEAD COUNTY i 2019 REAL ESTATE TAX BILL Adele Krantz, Treasurer f 111 = I 936 let Ave W Sit T Kella ell MT $0901 A 11� (4061 768-5680 111 http:llflathead.mt.govlpropeny_ta a ASSESSOR NUMBER: 0040950 TAX BILL NUMBER; 201949684 MARK & AMY RHODES SCHOOL DISTRICT: 75 PO BOX 445 GEO CODE: 07396607437090000 KILA MT 59920 Property Location: MWap4 Physical Add r .5 Pree t Parties with ownership Interest as of January 1, 2019 Property Description Owner or Remid.. RHODES. MARK&AMY 012821 TR 2BA IN NW45E4 Type of Property 14arket Real Estate valve TaXabIt value 41, 750 564.00 pescriptien County Functions P ercentwQl 20.04% Amount 471.27 Improvements 126.910 1, 712.00 Education 45.6t% 1072. 36 ------------------------ City Functions 34.18% 803.80 Totals 168,560 2,276.00 Other 0.15% 3.67 SUMMARY OF TAXES, LEVIES & FEES COUNTY 062220 141.61 COUNTY LIBRARY .006390 14. 54 SHERIFF ,042750 97.30 CO PERM MEO LEVY .013430 30.57 NOXIOUS WEEDS .001840 4.19 COUNTYWIDE MOSQUITO .000930 2.12 911 GENER ORLIG BOND .001880 4.28 PERM S a S LEVY .000690 1.57 BOARD OF HEALTH .DO5990 13.63 COUNTY LANDFILL 161.46 SUBTOTAL - TAXES FOR COUNTY FUNCTIONS... .1361,20 471-27 STATE - UNIVERSITY .006000 13,66 GENERAL SCHOOLS .102910 234.22 STATE - SCHOOL AID .G40000 91.04 FLAT VAL COM COLLEGE .015000 34.14 FLATHEAD HIGH SCHOOL .092230 209,92 KAL CITY ELEM 75 .ZU8560 474.68 FVCC PERMIS MED LEVY .006460 14. 70 SUBTOTAL - TAXES FOR EDUCATION......,,,, .471160 1072.36 KALISPELL CITY .172000 191.47 KAL PERM MED LEVY .021300 48.48 KAL GARBAGE 111.00 KAL LIGHTING 50 23.43 KAL STORM SEWER 69.82 KAL URBAN FOREST DST 33.39 KAL STREET MAINT 126. 21 SUBTOTAL - TAXES FOR CITY FUNCTIONS,.... .193300 803.80 SOIL & WATER CONSERV .001610 3.67 SUBTOTAL - OTHER TAXES AND FEES......... .001610 3.67 Total Mills Levied 0.802190 Total Taxes and Fees - 2351.10 49154 1st Installment due 11/30/2015 - 1175.57 2nd Installment due 05/31/2020 e, 1175.53 Tax paid receipts will be malled only if a self-addressed stamped envelope is enclosed. To pay or view taxes online, go to http://flathead.mt.gov/property_tax. A 3% fee will be charged on all credit/debit card payments. There Is no fee to pay by e-cheek. Payments made after 5:00 pm or postmarked after the due date must Include 2% penalty & monthly Interest of 5/6 of 1% (0A08333). Flathead County no loneer accepts checks drawn on Canadian Banks Keep upper portion for your records, Return stub with payment. Payment must be hand dellvf„red, paid online, or postmarked by 5:00om on; MAY 31, 2020 Make checks payable t0 FLATHEAD COUNTY TREASURER Please Inciude your tax bill number on your check. ASSESSOR NUMBER: 00409511 Pay by e-check, credit/debit card online at http://flathead.mt.gov/property_tax TAX BILL NUMBER: 201949684 SCHOOL DISTRICT: 75 DO NOT PAY THIS IF IT IS INCLUDED IN YOUR MORTGAGE PAYMENT If your address has changed, please make corrections below. No additional notice will be MARK & AMY RHODES sent for this Installment. PQ BOX 445 KILA MT 59920 Tax Amount Due: 1175.53 2 NO 2019 REAL ESTATE ----------------------------------------------------------------- Return stub with payment Payment must be hand 08liVeFed-PH[d orilime,or m en: NOVEMBER 30, 2019 Make checks payable t0 FLATHEAD COUNTY TREASURER Please inciude your tax bill number on your check. ASSESSOR NUMBER: 0040950 Pay by e-cheCk, credit/debit card online at http://flathead.mt.gov/property_tax TAX BILL NUMBER: 201949684 DO NOT PAY THIS IF IT 15 INCLUDED IN YOUR MORTGAGE PAYMENT SCHOOL DISTRICT: 75 If your address has changed, please make corrections below. Tax Amount Due: 1175.57 MARK & AMY RHODES PO BOX 445 2351.10 KILA MT 59920 `` II11 II IINN II iiY 1ST 2019 REAL ESTATE �II�I1i�i���I������IIIII1dII��I111�.I��II�I�I 7/21/2020 PrintProperty Record Card Property Record Card Summary Primary Information Property Category: RP Subcategory: Residential Property Geocode: 07-3966-07-4-37-09-0000 Assessment Code: 0000040950 Primary Owner: Prop"Address: 370 2ND AVE WIN RHODES MARK & AMY KALISPELL, MT 59901 PO BOX 445 COS Parcel: KILA, MT 59920-0445 NOTE: See the Owner tab for all owner information Certificate of Survey: Subdivision: Legal Description: S07, T28 N. R21 W, TR 2BA IN NW4SE4 Last Modified: 7/16/2020 6:08,10 PM General Property Information Neighborhood: 207.111.0 Property Type: IMP_U - improved Property - Urban Living knits: 2 Levy District: 07-0310-75 - MAIN Zoning: Ownership %: 100 Linked Property: No linked properties exist for this property Exemptions: No exemptions exist for this property Condo Ownership: General: 0 Limited: 0 Property Factors Topography: 1 Fronting: 4 - Residential Street Utilities: 1 Parking Type: 3 - On and Off Street Access: 1 Parking Quantity: 2 - Adequate Location: 5 - Neighborhood or Spot Parking Proximity: 3 - On Site Land Summary Land Type Acres Value Grazing 0.000 00.00 Fallow 0.000 00.00 Irrigated 0.000 00.00 Continuous Crop 0.000 00.00 Wild Hay 0.000 00.00 Farmsite 0.000 00.00 ROW 0.000 00.00 NonQual Land 0.000 00.00 Total Ag Land 0.000 00.00 Total Forest Land 0.000 00.00 Total Market Land 0.344 41,750.00 Deed Information: Deed Date Book Page Recorded Date Document Number Document Type 10126/2018 10/30/2018 201800026642 Warranty Deed svc.mt.govlmsl/MTCadastrailP rintProp"Reco rdCard/GetPropertyRecordCardL)ata?Geocode=07396607437090000&year=2020 1 /5 7121120 0 Owners Pri ntPrope rtyReco rd Card Party #1 Default Information Ownership %: Primary Owner: Interest Type: Last Modified: Other Names Name Appraisals Appraisal History RHODES MARK & AMY PO BOX 445 100 "Yes" Conversion 3/5/2019 11:52:25 AM Type Other Addresses Tax Year Land Value Building Value Total Value Method 2020 41750 166700 208450 COST 2019 41750 126810 168560 COST 2018 49500 110220 159720 COST Market Land Market Land Item #1 Method: Sqft Width: Square Feet: 15,000 Valuation Class Code: 2201 Dwellings Existing Dwellings Type: Primary Site Depth: Acres: Value: 41750 Dwelling Type Style Year Built SFR 03 - Ranch 1956 SFR 10 - Old Style 1945 Dwelling Information Residential Type: SFR Year Built: 1956 Effective Year: 1995 Story Height: 1,0 Grade: 5 Class Code: 3501 Year Remodeled: 0 Mobile Home Details Manufacturer: Model: Basement Information Foundation: 2 - Concrete Basement Type: 1 - Crawl Heating/Cooling Information Type: Central Fuel Type: 3 - Gas Living Accomodations Style: 03 - Ranch Roof Material: 10 - Asphalt Shingle Roof Type: 3 - Gable Attic Type: 0 Exterior Walls: 1 - Frame Exterior Wall Finish: 2 - Shingle Degree Remodeled: Serial #: Width: 0 Length: 0 Finished Area: 0 Quality: System Type: 5 - Forced Air Heated Area: 0 Daylight: svc.mt.govlmsllMTCadastral/Prin(PropertyRecordCardlGetPropeftyRecordCardL)ata?Geocode=0739660743709000O&year=2020 215 7/2 t12020 PrintPropertyRecordCard Bedrooms: 3 Full Baths: 2 Addl Fixtures: 3 Family Booms: 0 Half Baths: 0 Additional Information Fireplaces: Stacks: 0 Stories: Openings: 0 Prefab/Stove: 0 Garage Capacity: 0 Cost & Design: 0 Flat Add: 0 % Complete: 0 Description: Description: Dwelling Amenities Vfew: Access: Area Used In Cost Basement: 0 Additional Floors: 0 Attic: 0 First Floor: 1120 Half Story: 0 Unfinished Area: 0 Second Floor: 0 SFLA: 1120 Depreciation Information CDU: Physical Condition: Average (7) Utility: Average (7) Desirability: Property: Average (7) Location: Average (7) Depreciation Calculation Age: 23 Pct Good: 0.77 RCNLD: 113390 Additions / Other Features Additions Lower First Second Third Area 1 1 Year Cost 11 - Porch, Frame, Open 135 1 0 I 2904 There are no other features for this dwelling Dwelling Information Residential Type: SFR Style: 10 - Old Style Year Built: 1945 Roof Material: 10 - Asphalt Shingle Effective Year: 1985 Roof Type: 3 - Gable Story Height: 1.0 Attic Type: 0 Grade: 3 Exterior Walls: 1 - Frame Class Code: 3501 Exterior Wall Finish: 6 - Wood Siding or Sheathing Year Remodeled: 0 Degree Remodeled: Mobile Home Details Manufacturer: Serial #: Width: 0 Model: Length: 0 Basement Information Foundation: 4 - Wood Finished Area: 0 Daylight: Basement Type: 1 -Crawl Quality: Heating/Cooling Information Type: Central System Type: 5 - Forced Air Fuel Type: 3 - Gas Heated Area: 0 Living Accomodations Bedrooms: 1 Full Baths: 1 Addl Fixtures: 3 Family Rooms: 0 Half Baths: 0 Additional Information Fireplaces: Stacks: 0 Stories: Openings: 0 PrefablStove: 0 Garage Capacity: 0 Cost & Design: 0 Flat Add: 0 % Complete: 0 Description: Description: Dwelling Amenities View: Access: Area Used In Cost Basement: 0 Additional Floors: 0 Attic: 0 First Floor: 666 Half Story: 0 Unfinished Area: 0 Second Floor: 0 SFLA: 666 Depreciation information svc.rnt.govlmsllMTCadastrallPrintPropertyRecordCard/GetPropertyRecordCard0ata?Geocode=O7396607437090000&year=2020 3/5 712112020 CDU: Physical Condition: Poor (5) Desirability: Property: Poor (5) Location: Fair (6) Depreciation Calculation Age: 33 Pct Good: 0.49 Additions i Other Features Additions Lower First 14 - Porch, Frame, Enclosed 11 - Porch, Frame, Open 11 - Porch, Frame, Open There are no other features for this dwelling Other Buildings/improvements Outbuilding/Yard Improvement #1 PrintPropertyRecordCard Utility: Poor (5) RCNLD: 40060 Second Third Area Year Cost 64 0 2997 50 0 1074 64 0 1375 Type: Residential Description: AAL1 - Lean-to, 1 story, pole frame Quantity: 1 Year Built: 1995 Grade: L Condition: Functional; Class Code: 3501 Dimensions Width/Diameter:8 Length:28 Size/Area:224 Height: Bushels: Circumference: Outbuilding/Yard Improvement #2 Type: Residential Description: RRS1 - Shed, Frame Quantity: 1 Year Built: 2000 Grade: A Condition: Functional: Class Code: 3501 Dimensions Width/Diameter:8 Length:8 Size/Area:64 Height: Bushels: Circumference: Outbuilding/Yard Improvement #3 Type: Residential Description: RRS1 - Shed, Frame Quantity: 1 Year Built: 2000 Grade: A Condition: Functional: Class Code: 3501 Dimensions Width/Diameter:6 Length:10 Size/Area:60 Height: Bushels: Circumference: Outbuilding/Yard Improvement #4 Type: Residential Description: RRG3 - Garage, frame, detached, unfinished Quantity: 1 Year Built: 1970 Grade: 4 Condition: Functional: Class Code: 3501 Dimensions Width/Diameter:24 Length:28 Size/Area:672 Height: Bushels: Circumference: Commercial Existing Commercial Buildings No commercial buildings exist for this parcel svc.mt.gov/msIYMTCadasiral/PrintPropertyRecordCardiGetPropertyRecordCardData?Geocode=07396607437090000&year-2020 415 7/21 /20,20 Ag/Forest Land PrintPropertyRecordCard AglForest Land No ag/forest land exists for this parcel svc.mt.gov/msi/MTCadastrallPrintPropertyRecordCard/GetPropertyRecordCardData7Geocode=07396607437090000&year-2020 5/5 To First American Title Company 219 East Center StreWPO Box 1310 Kalispell, MT 59901 Phone: (406)752-5388IFax: (406)752-9617 PR: AFFGRP Marquardt & Marquardt Surveying 201 3rd Avenue West Kalispell, MT 59901 Attention; Your Ref.: RE: Property: 370 & 362 2nd Ave WN, Kalispell, MT 59901 Buyers: Sellers: Mark Rhodes, Amy R]iodes Description of Charge Guarantee -Subdivision Guarantee Comments: Final Invoice Ofc: 0066(5254) Invoice No.: 5254 - 66113121 Date: 07/21/2020 Our File No.: 915314-CT Title Officer: Ted Gia ich Escrow Officer: Customer ID: MS 19 Liability Amounts Invoice Amount $150.00 INVOICE TOTAL $150.00 Thank you for your business? To assure proper credit, please send a copy of this Invoice and Pavntent to: Attention: Accounts Receivable Department NOTE NEWPEMITTANCE ADDRESS, LB# 1083, Fir stAnierican Title Company, PO Box 35146 Seattle, WA 98124-5146 Printed On: 07/21l2020, 1 La2 AM Requester: tg Page: 1 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: MARQUARDT FOR' RHODES DATE' 5/26/20 DESCP : RHODES CITY SUB PURPOSE . SUB jr. 2BA in 7-28-21) YEARS ASSESSOR # 2016 THRU 2019 0040950 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. JUL 2 $ ���� Deputy reasurer (seal) CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, GLACIER BANK, Beneficiaries as recorded, October 30t", 2018, instrument No. 2018-00026643, hereby consent to platting and dedication of land included in the plat of Rhodes City Subdivision IN WITNE S WHE OF, said parties have caused their names to be subscribed thereto, on this -IL day of , 20% STATE OF MONTANA ) ss. County of Flathead ) This instrument was acknowledged before me on AmA 4,2, by b L , of GLACIER BANK. JULIA MCDANIE1 NOTARY PUBLIC for the 6 EAL ' State of Montana Residing at Kalispell, Montana " PAP My Commission Expires °x April 12, 2023 Pri ted Name q kj Notary Public for the State of Erik)-wAki0, Residing at - My Commission expires LA- 12- L _ Montana Department of Environmental Quality July 20, 2020 Dawn Marquardt Marquardt & Marquardt Surveying 201 3rd Avenue West Kalispel MT 59901 Dear Mr. Marquardt; RE: Rhodes City Subdivision Municipal Facilities Exclusion EQ# 21-1025 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not subject to review, and the Declaration can be filed with the county clerk and recorder. )_Plans and specifications must be s�-ibnilctcd when extensions of municipal facilities for the supply of water or disposal'of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water SupplySection's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Rhodes City Subdivision Municipal Facilities Exclusion will consist of 2 Residential Lots. Sincerely, Ashley Kroon 57 Departlr_-ient of Enviroimiental Quality Engineering Bureau Public Water & Subdi'lrision Review (406) 461-9844 email akroon d,,nit. �o' CC. City Engineer County Sanitarian Owner file Steve Bullock, Governor I Shaun McGrath, Director I P.O. Box 200901 1 Helena, M7 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov Planning Department 20t V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.lralispell.com/plannin2 May 8, 2020 Marquardt Surveying ATTN: Dawn Marquardt 201 Yd Avenue West Kalispell, MT 59901 Re: Waiver of Preliminary Plat Approval — Rhodes - AMENDED Dear Dawn: This letter is in response to your request for an amendment to the waiver of preliminary plat for a two -lot minor subdivision that was provided on January 11, 2019. The subdivision will subdivide an existing .34-acre single-family lot into two lots, each approximately .17 and .17 acres in size. The properties to be subdivided are zoned R-3 (Residential). The subject property is located at 362 and 370 2nd Avenue West North. The property can be legally described as Tract 2BA Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided under Section 28.2.08 of the Kalispell Subdivision Regulations. Specifically, it meets the following criteria if the applicants agree to these terms: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. Due to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval subject to the following conditions: Prior to final plat 1) That the final plat is in substantial compliance with the preliminary plat that was waived. 2) This waiver of preliminary plat approval is valid for three years and will expire on Janntiary 11, 2022. 3) The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concun•ent review, with approval of both required prior to construction. 4) Prior to final plat, both lots shall have individual water and sewer service lines constructed in accordance with the City of Kalispell Construction and Design Standards. 5) Prior to final plat, S feet of alley right-of-way shall be dedicated to the city adjacent to the subdivision. 6) A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. 7) Prior to final plat, Lot 2 shall have installed two off-street parking spaces in accordance with Chapter 27.24 of the Kalispell Zoning Ordinance. Waiver of preliminary plat approval does not constitute approval of the subdivision, nor does it constitute approval of the site plan for the proposed lot. Please note that prior to final plat approval all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please contact me. Sincerely, Jarod Nygren Director