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H5. Res. 6057 Alder Homes Final PlatDevelopment Services Department 201 Ist Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KWP-20-03 - Final Plat request for Alder Homes Subdivision MEETING DATE: December 6, 2021 BACKGROUND: Our office has received a request from APEC Engineering Surveying on behalf of Santa Properties, LLC, for final plat of the Alder Homes Subdivision based on a waiver of preliminary plat for a two -lot subdivision. Each lot will be broken into two sublots for a total of four townhome units. As a waiver of preliminary plat, the request proceeds to City Council at the time of final plat along with a supporting staff report. The preliminary plat was waived on January 7, 2021, 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 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-20-03. The property is located at 1221 6th Street West and can be described at Assessors Tract 5DT in Lot 2 of Section 18, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana. RECOMMENDATION: It is recommended that the Kalispell City Council approve the final plat request for Alder Homes Subdivision. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 6057 Final plat compliance letter Staff report KWP-20-03 Application Materials c: Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO. 6057 A RESOLUTION APPROVING THE FINAL PLAT FOR ALDER HOMES SUBDIVISION, DESCRIBED AS ASSESSORS TRACT 5DT IN LOT 2 OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, APEC Engineering Surveying, on behalf of Santa Properties, LLC, 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 January 7, 2021 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 ten (10) conditions, all of which have been met; and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report (#KWP-20-03) 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-20-03 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of APEC Engineering Surveying, on behalf of Santa Properties, LLC, the owners of the certain real property described as Assessors Tract 5DT in Lot 2 of Section 18, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Alder Homes 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 6TH DAY OF DECEMBER, 2021. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor CITY OF KALISPELL December 1, 2021 Doug Russell, City Manager City of Kalispell 201 1st Avenue East Kalispell, MT 59901 Re: KWP-20-03 - Final Plat for Alder Homes Dear Doug: Development Services Department 201 1' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Our office has received a request from APEC Engineering Surveying on behalf of Santa Properties, LLC, for final plat of the Alder Homes Subdivision based on a waiver of preliminary plat for a two -lot subdivision. Each lot will be broken into two sublots for a total of four townhome units. As a waiver of preliminary plat, the request proceeds to City Council at the time of final plat along with a supporting staff report. The preliminary plat was waived on January 7, 2021, 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-20-03. The property is located at 1221 6th Street West and can be described at Assessors Tract 5DT in Lot 2 of Section 18, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana. COMPLIANCE WITH CONDITIONS OF APPROVAL: Prior to final plat 1) That the final plat is in substantial compliance with the preliminary plat that was waived. Staff Response: This condition has been met. The submitted final plat substantially complies with the preliminary plat and conditions of approval. 2) This waiver of preliminary plat approval is valid for three years and will expire on January 7, 2024. Staff Response: This condition has been met. The waiver of preliminary plat was granted on January 7, 2021, and has not expired. 3) The plat shall be updated to conform with requirements in the Kalispell Subdivision Regulations including (a) identifying the sublot lines; (b) showing street addresses for each sublot; (c) identifying the right-of-way dedication and including a note dedicating the right-of-way; (d) a certification by the examining land surveyor; (e) a certification by the city attorney; (f) deleting the certification from public works; (g) amending the certification by the city council to reflect the language in Appendix E of the subdivision regulations, including acceptance of the dedication; and (h) not showing the building locations on the plat. Staff Response: This condition has been met. The final plat included the required updates. 4) New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. Staff Response: This condition has been met. The applicant submitted a letter from the Public Works Department dated November 10, 2021, stating that all public infrastructure has been designed and constructed according to those standards. 5) Prior to final plat, all sublots 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. Individual service lines were constructed and approved by Public Works (see letter dated November 10, 2021). 6) Ten (10) feet of additional street right-of-way shall be dedicated to the city adjacent to the subdivision. Staff Response: This condition has been met. The dedication of the additional right-of-way is included on the plat. 7) A sidewalk, curb/gutter, and landscape boulevard shall be installed across the full frontage of the property on 6th Street West. Staff Response: This condition has been met. The frontage was improved according to the design approval by Public Works and the improvements were accepted according to Public Works' letter of November 10, 2021. 8) Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. Staff Response: This condition has been met. A letter from Public Works dated November 10, 2021, was submitted accepting the infrastructure improvements. 9) All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. Staff Response: This condition has been met. The utilities are underground and installed in accordance with city standards (see letter from Public Works dated November 10, 2021). 10) All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. The boulevard area has been improved with topsoil and seed, and was reviewed and accepted by the Parks Department. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was waived on January 7, 2021. 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. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance R-4 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 Alder Homes Subdivision. Attachments: - Staff Report KWP-20-03 - 2 Mylars of final plat - Copy of final plat - Applicant responses and application dated 11/18/21 - Waiver of Preliminary Plat dated 1/7/21 - City of Kalispell Parks boulevard tree letter dated 11/12/21 - City of Kalispell Public Works infrastructure acceptance letter dated 11/10//21 - First American Title Report Guarantee Number 501055-985689-FT dated 10/29/21 - Tax Certification dated 11/15/21 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk ALDER HOMES SUBDIVISION REQUEST FOR FINAL PLAT STAFF REPORT #KWP-20-03 KALISPELL PLANNING DEPARTMENT DECEMBER 1, 2021 This is a report to the Kalispell City Council detailing findings of fact for a two -lot (four townhome) residential subdivision. Preliminary plat approval for this minor subdivision was waived on January 7, 2021, with 10 conditions of approval. BACKGROUND INFORMATION Santa Properties, LLC, has submitted an application for final plat based on a waiver of preliminary plat for a two -lot subdivision. Each lot will be broken into two sublots for a total of four townhome units. The preliminary plat was waived based on a finding 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. As a waiver of preliminary plat, the request proceeds to City Council at the time of final plat along with a supporting staff report. A: Applicant: Santa Properties, LLC 36 Hillcrest Dr Kalispell, MT 59901 B: Location: The property is located at 1221 6t' Street West and can be described at Assessors Tract 5DT in Lot 2 of Section 18, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana. 1 C: Existing Land Use and Zoning: The subject property is currently vacant, but did have a single-family home on the property which has recently been removed as part of the redevelopment of the site. The property is zoned as R-4 (Residential), which is a district "comprised of primarily single-family and duplex dwellings. Development within the district will require all public utilities, and all community facilities. This zoning district would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map." Kalispell Zoning Exhibit - November 24th, 2021 ASsessorO327950 Su6�ec1 Property Residential IT W * ResiderNalPrd..ional 0­1 _ ■Cenb-d 9usiness RA -I ' Residenfial Aparhnent ResiderNalAparhn 03ifi� - '- General E3usiness _.•=Brea Business } Sri agar g I ► -4 P - Subject �property�n - County r = l HS ��pY 9R RA-4 County „uwx, Kalispell Development Services RALI5PEU o zso soots D. Size: The subj ect property approximately 0.45 acres. E: Adjacent Zoning: North: R-4 East: R-4 South: R-4 West: R-4 F: Adjacent Land Uses: North: Residential East: Residential South: Residential West: Residential is G: General Land Use Character: The area is primarily a residential area with established single-family, townhome, and multi -family developments on three sides. The area begins to transition to the west of the property into single-family urban development on the south side 2 of Two Mile and mostly undeveloped land on the north side of Two Mile. About'/4 mile to the west is the Highway 93 Bypass, although there is no access to the bypass from Two Mile. 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. a Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 45 Peterson/Flathead High School Fire: City of Kalispell Police: City of Kalispell �A ri REVIEW AND FINDINGS OF FACT FOR THE PRELINHNARY PLAT This report is based on an application for final plat based on a waiver of preliminary plat for a two -lot subdivision. Each lot will be broken into two sublots for a total of four townhome units. The proposed final plat is shown below. 3 PLAT OF W%R'AIHANAtIENAry, LLG ALDER HOMES SUSDIVISIDN ASUSDIOWN .£ v�sa�o �nuFasm �m wF IN GOVT LOT2, SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST,P.M.M, JAV k,El1�s�01werPEadrN4araxlleFIln[rmfHrErcuxBm wio rvnrdnrwa�cu. AI]nXIlTO rrc CITY of KALfSPFLL, FLATHEAD COUNTY, MT. CISW i W },NMiiYX dx(IMeM[e9 MMGVP(�PBYRLhTE ' �rhNSTiErrt6}llf savarerAEDtcY w6�ErAR AaFn rHAfF,Alw.vaeoaaAlRfn B:(£STENx1YiMMn]A r-0utrawmrtvamw.Ar MEILAIBSrIXx�sin lLSr,imf5m3sMEmiuurwuSNo mnrarvomPo£-nr arirnrcuinwsva�sw ic. nExo� �amxsrz�ar�rer r>ex�uaa awamxa�r�srn�E ww•roneFart �.yrmirea LFa<a�Na vnumaemmFr. ��aw. IICNgE2.9RN:N rrwcro•wwurorEwc�m�un n!nswrmu xawFurea�a..w. ,vw nrwNn rcruaco rvu� oaetra+�s£.ca.wex nnueu mFiauawmmsauwur rgcr'.f£Aa _ 6 SW MrAr{ ti1uv aauRa£aoAVAfrtnm r��o�rxerAsc£[rtiet �Nr�F R,�.-l. PB"MHfNIeC YATARWlFh3UL WR �yA 5 3 t� $ i1RP?'lnRs1YR9&A,WOiHA1ttYlHN.fORf(�c OSHA d]9tINdLCG y yr� j3� a LEGENDS dssxoraayswwsaoxami.wNos p rama£ET%a91•�rR vCi]C erus�Ya.�mtne!wv. • a•110.�3FVMSPIdBIlAIF1AOA o crmrsnw�•xieo-r � m.,�aa„an a�a�rwa � . � � bw cERTFFlcaTEoFSlmvEros r�l. raasrers aA Aaax� sine ._ 5Vx1H5SREETWFS'F x RAnr�ncaunr ExAnrnnrs s�xu�mR CERTIFICATE OFLRYCOUNC+I r�mauw:aarFecmorrtri!rs�Nr«nax swnwnuaewoxatwv.nwx�crouon�e CERifFl(kTE OfGRYAITORNEV oowreaav osrr-rrv.rn�ws w.Emcaruwi ro uw,,mm••Fr rt. ssei�m":.., �.r�ireu®��aern.�� ��,znva®m sairta.avvn � ss oueroAAndn i v�rorwe�m mruru�aaarcuur�rsnaloum'aex uu NantiR uriaAvcanin,xwwa oaax �rAs �"iuiicrr�ire'wW wrawar. m rumua xa vna¢a�vwonms waaumv�vyaimarr,�a�sArvraaieAmrt �a� Wno ____� Arias.oeA �� . dearni A. Effects on Health and Safety: Fire: The property is considered to be at low risk of fire. Buildings within the subdivision will be constructed in accordance with the building and fire codes adopted by the City of Kalispell and have access which meets city standards. The area to be built upon does not have steep slopes or woody fuels. There is an existing hydrant across the street and in compliance with the requirements of the International Fire Code. Flooding: The subject property is not located within the 100-year floodplain per the Flood Insurance Rate Map (panel number 30029C 1805J, effective date November 4, 2015). Access: The development will have access onto 6th Street West as well as the alley along the north side of the lots. Under Section 28.3.15 of the subdivision regulations, alleys are required for townhomes averaging 40 feet or less per unit in width. The sublots in this instance are 31 feet wide and alleys are required. The applicant plans to use the alley to access the garages for the townhomes. A traffic impact study is not required for the proj ect. 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 4 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 density of less than 5 deer per square mile and no significant elk or moose habitat. C. Effects on the Natural Environment: Topography, Geology and Soils: The overall site is generally flat. There are no topographic features or slopes that would impact this development. A Geotech report is not required for minor subdivisions. Surface and Groundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. No streams or other surface water creates concerns regarding this development. Drainage: The subject property is located within a developed neighborhood adjacent to an existing city street. Curb and gutter were installed on the frontage consistent with Public Works requirements. In conjunction with the building permit, the developer will need to obtain an erosion/sediment control plan for review and approval by Public Works. These plans provide for managing storm water on the site during construction. D. Effects on Local Services: Water: Water service to the subdivision would be provided by the City of Kalispell from an existing water main in 6th Street West. There is adequate capacity within the city's water system to accommodate this development. Sewer: Sewer service will be provided by the City of Kalispell with a connection to the existing main in the adjacent alley to the north. There is adequate capacity within the city's sewer system to accommodate this development. Access and Roads: The property is accessed by 6th Street West and an alley. The frontage of 6th Street West was improved to urban standards with curbing, sidewalk, and a landscape boulevard. The improvements include a dedication of ten feet of additional width to the existing right-of-way. Schools: The property is within the boundaries of School District 95 (Peterson and Flathead High School). On average, based on 4 units, it would be anticipated that there would be about 2 students 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 5 E. protection. Fire station 61 is located approximately 0.9 miles away providing good response time. Parks and Recreation: As a minor subdivision where only one additional lot is created, there is no open space or parkland as part of the subdivision. The residents would have access to the city park system, including the park adjacent to Peterson School about two blocks to the north. 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 approximately 1.75 miles from the site. Effects on Agriculture and agricultural water user facilities: This property is located within the boundaries of the city of Kalispell, and has been surrounded by urban residential development for decades. The development of the property would have little to no impact on agriculture or agricultural water user facilities. * Kalispell Growth Policy Exhibit - November 24th, 2021 Assessor0327950 - �--A _ High Density �una.Mwee U. Resi rren o.ay Res�—i U�.R.id—A Public Suh . R—d—al city -m�w. MP�a'.n— P�er�, oa«nwace D-dway �,ntlustrul � Nei¢�bo�hmd Cumireicul Urban Residential Subject Property Industrial Il_M 11� 1 Kalispell Development Services risax :umz;,,,zaxaz, KALISPELL F: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. Areas designated as Urban Residential are served by urban infrastructure and services and are generally developed at densities of 4 to 12 dwelling units per acre. The overall density is about 8.9 units per acre and does not exceed the density limits of the land use designation. The proposed subdivision can be found to be in compliance with the Kalispell Growth Policy and its goals and policies. 10 G. Compliance with Zoning: The request complies with the R-4 zoning regulations, including minimum lot size and width requirements. Minimum lot size in the zone is 6000 square feet and minimum lot width is 50 feet. Both of those dimensions apply to the parent lots, which are both about 9147 square feet and 62 feet wide. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-20-03 as findings of fact for the proposed subdivision and approve the final plat for Alder Homes Subdivision. 7 OF %G<ERNNONTANALANDSEI.,UG DwNERs .PRovEenEs u�c. nP�LAT f (� � ( (� n(�� ALDER / LDER HOMES SUBDIVISION CERTIFICATE OF DEDICATION - FINAL PLAT PROlECISTOWER' APEOPRO EERING DATE: 81ZO1202a A SUBDIVISION wE, THE LMOE9SGNECPRC4ERYOWNERS DOHEAEBYGHiIIFY iHAiwE HAVE '.. INGOV7. LOT2, SECTION 18, 7OWNSHIP28NORTH, RANGE21 WEST,P.M.M., CAUSED TOSS SURVEYED, SUBDIVIOEDAA'D PLAiTE01NTR LOTS BLOCKS, STREETS AGAGRALL LINcCTYDFKNATMEPLarr"EMANNEEXED.WCOLLAVANGDESMARM CITY of KALISPELL, FLATHEAD COUNTY, MT. BEGINNING AT MESWTFOREST PERNEROFLOT 2,N ASSO, ROMES TUXAWPSE PROXEGT, T ENC ALONG CUP WESTIINE OF RAN LOTP NC'DRETY ITS BD'TOA FOUND W UN CAPPED REBAR ON THE SOUTHERN EOGE OF AN —a ALLENTHENCE, ALONG NOR TURHERN WORD 51B99. NI, FDA OUNOUNCFPFGOflEBAR,A ENORTNEASTCORNEROFLCi4,SIXiHSi TWEST WASRMSESAND TAACT SOY.AA SAID SOUTHERN E06EOFE%ISDNCA LEY' THENCE ALONGTHEEASiERLYE0GE0FSAl0 LOid S18'3129'E 157N TO A FRONT I` BOGARD WARNER DOLT, THE SOUTHEAST CORNER OFSAID LDT4, 71TWORMSEN TRACT NATIDA EDGE OFSIXM9REET YYESi iHEM1'CE,ALIX4G SAIDSI%INSTREEi WESTNiS'D5'SS E 1P§ 85 i0 iNEPoINi OP BEGINNING CONTAINING ANN S4 FT_ IFAGT 53111 THEA904C'CESCRIRE6 TR4Gi OF IAND ISi08Eh'NOVYNANO DESYCrNAiEO AS'PLDERHIXNESSL'DOIVISION', — -- AND THE UNDSINCLUDED NALL STREETS,AVENUE$ALLEYS, AND PARKS ORP(IRLICCOUP iESSI AN SAID FtATARF HERESY GRMREOANDDONA1FD i8 tHE USEOF THEPIIBLICEOREVER iRACLSWC SS.E T29$P'� 3+NA ._--Ni9'LE St2A - REPRESENTING iANiA PROPc'RPESLLC. DATE -" TAACi 5pT8 sTA XNt, STATED COUNTYOF_ LOT iS,Pt o MISDOCI;MENTWAS SIGNED ORACkNO'J:M1EDGEDBEfCRc G1A'B 28 iHiSDAiE Sum m e+ae easaET z Y BY By N- z w m �" (PIN.NTNAME) A CMG IN THE CAPACITY OF SANTA PROPERTIES LL C. ONBERALFOF LEGEND & � NOiARY51GNANRE BASISCEBEARINSUBLEE IDNDIWOM. 9 DENOIESSEi5E'%E4'REDAR."Il4-YPC -` YAO HrANA I—. PS CA451-eP I I.EUS', z IB'wlDEvcnreFwnr MARcd. a DEPOTS FOUND DECRESSFAMNOW .OF.TIGN ---T CERTIFICATE OF SURVEYOR CPRSTENS G DENOTEGFOUND i'SD BUT 3t➢' 4 RW S4B LS POD ECTU TESPOMTOFBEG.RING s,AF y,pg sz.as e MARC J. CAR57EN5 s 'Ra ss1oRP a� NQ `� DENOTES GITYADCRE98 a1 Cr - "� — SU RV E{ SevY 1240'"� _._5]9'd'SG"V( SIXTH STREET WEST FLATHEAD COUNTY EXAMINING SURVEYOR CFFnFICA1E DF FILING BY CLERK AND REEDWER STATEOFMON.", ) CGUNiY OT YS"EAD ) RUSOFERACTORDMISDAYCF 20 .AT O'CIOfA(. (SIGNATUREOFCLERKAN➢RECDRDER)CWNiYGLERK CERTIFICATE OF CITY COUNCIL CERTIFICATE OF CITY ATTORNEY AND RECORDER, F AHEADCMNTY. MDNTANA INC. 0TFVMTOWNAMi. i MIS FLALNAS BEEN E%AMINEORY i4E OFFICE OF MECiiYAiTORM1'EYACCORDING TO SECiIGN 1 UDDIVISICNPLA ONAVINGEPIN M f SUFFt}iCNFLA ANGLAR GFAWAT ,iHAS VESI IES CAREi.YINCCNHE EREPIXtTNo. ANDAFPROVEDBASED ON GO ANDHEE BYA ANOCWFG.9MTDLAW,APPROTHIS IN-M TI ANOHERESYACCE'CATEN0EOiG UNiOTHEPU9!ICUBEOEANYANOALLLANOSSHOYIN IXi THIS INFOYAAiiDN WSMii]EDBYTHEDEVELMERRNDiOfi HISAGENT FIAiAGBE1NG OE0iGATEO LOGUGH USE.iN1G 04Y01Nr AT O'CIDOK DAT A.11 DAYCF 29 MAYOROFKN.ISPSY A-1. CLERK CE—CF TNECIIYATTORNEY NAGGAR .MONTANA O SHEETi OF November 18, 2021 P. J. Sorensen, Senior Planner City of Kalispell Development Services Dept. 201 1"Avenue East Kalispell, MT 59901 Re: Final Plat Application (First Minor Subdivision) Alder Homes Subdivision, S 18, T 28N, R 21 W, TR 5DT in Lot 2, Flathead County, MT Dear P. J., We are submitting the following materials for Final Plat review for Alder Homes Subdivision. Included are the Final Plat application (application fee was pre -paid), and the following required materials as requested in the Conditions for Final Plat, as met below: Preliminary Plat Waiver with Conditions for Final Plat Approval Final Plat Drawing (copies and sizes as required): In accordance with the approved preliminary plat; Sublot Lines are identified, Street Addresses are shown; Right -of -Way Dedication is included; see Certification by Examining Land Surveyor, also City Attorney; attached. Current Title Report Certification of all Real Property Taxes Paid Certification by Kalispell Public Works for water, waste water & stormwater drainage facilities, and sidewalk, curb/gutter, and landscaped boulevard improvements (approved by the City Engineer). All utilities have been installed underground, and soil disturbed during development of the above described improvements has been re -vegetated with a weed -free mix, as a part of landscaping. Conditions for Final Plat Met: Please see following pages. Please review the enclosed materials and respond at your earliest convenience. Sincerely, Tamara Tanberg, APEC Engineering, Inc. Cc: Project File APEC, Inc. Civil Engineers 75 Somers Road, Somers MT 59932 Tel 406.393.2127 www,APEC-MT.com Final Plat Application — Alder Homes Subdivision 11/18/2021 Page 2 of 3 CONDITIONS FOR FINAL PLAT MET: 1. That the final plat is insubstantial compliance with the preliminary plat that was waived. The final plat does comply with the drawing submitted for preliminary plat waiver. 2. This waiver of preliminary plat approval is valid for three years and will expire on January 7, 2024. The owner acknowledges the deadline. 3. The plat shall be updated to conform with requirements in the Kalispell Subdivision Regulations including (a) identifying the sublot lines; (b) showing street addresses for each sublot; (c) identifying the right -of way dedication and including a note dedicating the right-of-way; (d) a certification by the examining land surveyor; (e) a certification by the city attorney; (0 deleting the certification from public works; (g) amending the certification by the city council to reflect language in Appendix E of the subdivision regulations, including the acceptance of the dedication; and (h) not showing the building locations on the plat. (a) The sublot lines have been identified. (b) Addresses are shown for each sublot. (c) The right-of-way dedication note and the 10' wide notation have been included on the final plat. (d) A certification by the examining land surveyor is included on the final plat. (e) A certification by the city attorney is included on the final plat. (f) The certification from public works has been deleted from the final plat. (g) The certification by the city council has been amended to reflect acceptance of the right-of-way dedication. (h) The building locations shown on the preliminary plat waiver submittal have been removed. 4. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell 's Standards for Design and Construction. All design shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. The owner has worked in conjunction with the Kalispell Public Works Department, prior to construction, to meet city standards. 5. Prior to final plat all sublots shall have individual water and sewer service lines constructed in accordance with the City of Kalispell Construction and design standards. All sublots have individual water and sewer service lines in place, and certified by Kalispell Public Works. Final Plat Application — Alder Homes Subdivision 11/18/2021 Page 3 of 3 6. Ten (10) feet of additional street right -of way shall be dedicated to the city adjacent to the subdivision. Ten feet of additional right -of way is indicated on the final plat, as described. 7. A sidewalk, curb/gutter, and landscape boulevard shall be installed across the full frontage of the property on 6th Street West. These improvements have been completed, as described. 8. Prior to final plat, a letter from Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. A letter from Kalispell Public Works Department certifying completion of all required private infrastructure (described in the previous conditions) has been included in the final plat submittal. Another letter from Kalispell Parks and Recreation describes a landscaping agreement, providing for the installation of four trees within the boulevard, scheduled at the completion of development and landscaping. 9. All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. All required utility improvements have been installed underground and within approved locations. 10. All areas disturbed during development shall be re -vegetated with a weed free mix immediately after development. Construction of the proposed townhouse units will begin in Spring 2022, and finished landscaping will take place at completion. The disturbed soil of the boulevard strip has received topsoil and grass seed (please see letter from Kalispell Parks and Recreation ). Development Services crrY ot= Department 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 KALISPELL Phone FINAL PLAT Email: planning(@kalispell.com WebSite: www.kalisr)ell.com Project Name ALDER HOMES Property Address 1221 6th Street West, Kalispell, MT NAME OF APPLICANT Santa Properties, LLC Applicant Phone (406) 253-0307 Applicant Address 36 Hillcrest Drive City, State, Zip Kalispell, MT 59901 Applicant Email Address johnlsanta@gmail.com and santawoodwork@gmaii.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Santa Properties, LLC Owner Phone same as above Owner Address same as above City, State, Zip same as above Owner Email Address same as above CONSULTANT (ARCHITECT/ENGINEER) APEC Engineering, Inc, Phone (406) 393-2127 Address 75 Somers Road City, State, Zip Somers, MT 59932 Email Address tamara@apec-mt.com and tobias@apec-mt.com POINT OF CONTACT FOR REVIEW COMMENTS Tamara Tanberg Phone (406) 393-2127 Address 75 Somers Road City, State, Zip Somers, MT 59932 Email Address tamara@apec-mt.com List ALL owners (any individual or other entity with an ownership interest in the property): Santa Properties, LLC Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): S 18, T 28N, R 21 W, Tract 5DT in Gov't Lot 2 T.T. Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. KALISPELL Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 1. Date of Preliminary Plat Approval January 7, 2021 2. Type of Subdivision: ResidentialR] Industrial Commercial PUDD OtherD 3. Total number of lots in Subdivision: TWO 4. Land in Project (acres) 0.448 ACRES 6. Cash -in -lieu $ o : N/A 5. Parkland (acres) o: N/A 7. Exempt YES 8. Number of lots by type: Single Family Multi -Family TWO LOTS Commercial/Industrial Mobile Home RV Park Townhouse (sublots) Other INSTRUCTIONS FOR FINAL PLAT 1. 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. Blank statements stating, for example, "all improvements are in place" are not acceptable. 2. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. 3. Please verify the final plat with staff and submit to the county 509 committee prior to submitting mylars. REQUIRED SUBMITTALS Attached Not Applicable Cover letter addressing preliminary plat conditions w/ attachments X Title Report (Original, not more than 90 days old) Tax Certification (Property Taxes must be paid) X, Consent(s) to Plat (Originals and notarized) Subdivision Improvement Agreement (Attach signed original & collateral) Parkland Cash -in -lieu (Check attached) Water rights transfer Copy of CCR's Plats (2 mylars & 1 electronic copy) - other attachments required per appendix D of subdivision regulations ` x hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staffto be pr nt o pro erty for routine monitoring and inspection Burin the approval and development process. ILZZ App cant Signature Date KALISPELL APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 30 days prior to the City Council Meeting) Application Contents: Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 1. Completed application form & attachments 2. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) 3. Electronic copy of the .dwg files of the final plat 4. Application fee based on the schedule below, made payable to the City of Kalispell: Minor Subdivision with approved preliminary plat $400 + $125 per lot Major Subdivision with approved preliminary plat $800 + $125 per lot Subdivisions with waiver of preliminary plat $800 + $125 per lot Subdivision Improvement Agreement $50 1 050.00 Filing Fee Attached $ 7 CITY O� KALISPELL January 7, 2021 Tamara Tanberg APEC Engineering 75 Somers Road Somers, MT 59932 Development Services Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannina Re: Waiver of Preliminary Plat Approval — Alder Homes/Santa Properties Dear Tamara: This letter is in response to your request for an amendment to the waiver of preliminary plat for a two -lot minor subdivision (2 parent lots with 2 sublots each) that was provided on December 29, 2020. The subdivision will subdivide an existing 0.448-acre single-family lot into two parent lots, each approximately 9767 square feet in size. Each sublot would be approximately 4883.5 square feet. The properties to be subdivided are zoned R-4 (Residential). The subject property is located at 1221 6<1' Street West. The property can be legally described as Tract 5DT in Section 18, 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 January 7, 2024. 3) The plat shall be updated to conform with requirements in the Kalispell Subdivision Regulations including (a) identifying the sublot lines; (b) showing street addresses for each sublot; (c) identifying the right-of-way dedication and including a note dedicating the right- of-way; (d) a certification by the examining land surveyor; (e) a certification by the city attorney; (f) deleting the certification from public works; (g) amending the certification by the city council to reflect the language in Appendix E of the subdivision regulations, including acceptance of the dedication; and (h) not showing the building locations on the plat. 4) New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. 5) Prior to final plat, all sublots lots shall have individual water and sewer service lines constructed in accordance with the City of Kalispell Construction and Design Standards. 6) Ten (10) feet of additional street right-of-way shall be dedicated to the city adjacent to the subdivision. 7) A sidewalk, curb/gutter, and landscape boulevard shall be installed across the full frontage of the property on 6"' Street West. 8) Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. A minimum of two-thirds of the necessary infi-astructure for the subdivision shall be completed prior to final plat submittal. 9) All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 10) All areas disturbed during development shall be re -vegetated with a weed -free mix iummediately after development. 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. Since ly, Jar d Nygren, a cto`6 r Kalispell Development Service Department -"f%1"046 CITY OF KALISPELL November 12, 2021 Santa Properties, LLC. 990 McGregor Ln. Marion, MT 59925 Re: Alder Homes Dear Santa Properties, LLC, Kalispell Parks & Recreation 306 1' Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7718 Fax (406) 758-7719 This letter is to serve as approval of the landscaping agreement submitted for boulevard trees and planting in Alder Homes subdivision. This agreement stipulates that developer will pay the city $444.15 per tree to be planted. A total of four (4) trees will be planted for a total cost of $1776.00. The developer and/or property owner will be responsible for any boulevard prep, seeding or sod. This developer's agreement is solely for trees and no other landscaping in Alder Homes subdivision. We are in receipt of your check numbered 1352 for the amount of $1,776.00 to cover the planting of four (4) trees in Alder Homes subdivision. As the lots are developed and landscaping completed, please have the property owners call our office to schedule the tree plantings. If you have questions regarding the timing involved to plant trees or any concerns, feel free to contact me. Sincerely, Fred Bicha, Parks Superintendent CC: Chad Fincher, Parks and Recreation Director Jarod Nygen, Planning Department Julie Hawes, Finance Department 30611 Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7718— Fax (406)758-7719 www.katispell.com 1. CITY OF Y�'tJ-,JSPEJ-41 November 10, 2021 Mr. Sean Santa 36 Hillcrest Drive Kalispell, MT 59901 Re: Alder Homes 1221 6`" Street West Dear Santa, All public infrastructure constructed for the Final Plat of Alder Homes and proposed to be transferred to the City of Kalispell, has been designed and constructed in accordance with MDEQ and City Design and Construction Standards. It has been accepted by the Department of Public Works. Sincerely, i Mark Crowley, CPII 201 1" Avenue E Phone (406)758-7720 Po Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.coni Issued by Insured Titles 44 4th Street West/P. O. Box 188, Kalispell MT 59901 Title Officer: Sheri Smith Phone: (406)755-5028 FAX.- (406)755-3299 File No. 985689-FT Cover Pa e P 5 t A M E R l C 9 t` a FirstAmerrean Title" Form 5010500 (7-1-14) Guarantee Number: 501055-985689-FT Guarantee Face Page Issued By FIRST AMERWAN TITLE INSURANCE COMPANY First American Title Insurance Company GTeq L 4m4b S«,'crptafy This jacket was created electronically and constitutes an original document File No. 985689-FT 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. 985689 FT 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 any liability of the Company under this Guarantee to the to final determination by a court of competent jurisdiction Assured for that claim. and expressly reserves the right, in its sole discretion, to 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: appeal from an adverse judgment or order. TERMINATION OF LIABILITY. (d) In all cases where this Guarantee permits the Company In case of a claim under this Guarantee, the Company shall to prosecute or provide for the defense of any action or have the following additional options: proceeding, an Assured shall secure to the Company the (a) To Pay or Tender Payment of the Amount of Liability or right to so prosecute or provide for the defense of any to Purchase the Indebtedness. action or proceeding, and all appeals therein, and permit The Company shall have the option to pay or settle or the Company to use, at its option, the name of such compromise for or in the name of the Assured any claim Assured for this purpose. Whenever requested by the which could result in loss to the Assured within the Company, an Assured, at the Company's expense, shall coverage of this Guarantee, or to pay the full amount of give the Company all reasonable aid in any action or this Guarantee or, if this Guarantee is issued for the proceeding, securing evidence, obtaining witnesses, benefit of a holder of a mortgage or a lienholder, the prosecuting or defending the action or lawful act which in Company shall have the option to purchase the the opinion of the Company may be necessary or indebtedness secured by said mortgage or said lien for desirable to establish the title to the estate or interest as the amount owing thereon, together with any costs, stated herein, or to establish the lien rights of the reasonable attorneys' fees and expenses incurred by the Assured. If the Company is prejudiced by the failure of Assured claimant which were authorized by the Company the Assured to furnish the required cooperation, the up to the time of purchase. Company's obligations to the Assured under the Such purchase, payment or tender of payment of the full Guarantee shall terminate. amount of the Guarantee shall terminate all liability of S. PROOF OF LOSS OR DAMAGE. the Company hereunder. In the event after notice of In addition to and after the notices required under Section 2 claim has been given to the Company by the Assured the of these Conditions and Stipulations have been provided to Company offers to purchase said indebtedness, the the Company, a proof of loss or damage signed and sworn to owner of such indebtedness shall transfer and assign said by the Assured shall be furnished to the Company within indebtedness, together with any collateral security, to the ninety (90) days after the Assured shall ascertain the facts Company upon payment of the purchase price. giving rise to the loss or damage. The proof of loss or Upon the exercise by the Company of the option provided damage shall describe the matters covered by this Guarantee for in Paragraph (a) the Company's obligation to the which constitute the basis of loss or damage and shall state, Assured under this Guarantee for the claimed loss or to the extent possible, the basis of calculating the amount of damage, other than to make the payment required in the loss or damage. If the Company is prejudiced by the that paragraph, shall terminate, including any obligation failure of the Assured to provide the required proof of loss or to continue the defense or prosecution of any litigation damage, the Company's obligation to such Assured under the for which the Company has exercised its options under Guarantee shall terminate. In addition, the Assured may Paragraph 4, and the Guarantee shall be surrendered to reasonably be required to submit to examination under oath the Company for cancellation. by any authorized representative of the Company and shall (b) To Pay or Otherwise Settle With Parties Other Than the produce for examination, inspection and copying, at such Assured or With the Assured Claimant. reasonable times and places as may be designated by any To pay or otherwise settle with other parties for or in the authorized representative of the Company, all records, books, name of an Assured claimant any claim assured against ledgers, checks, correspondence and memoranda, whether under this Guarantee, together with any costs, attorneys' bearing a date before or after Date of Guarantee, which fees and expenses incurred by the Assured claimant reasonably pertain to the loss or damage. Further, if which were authorized by the Company up to the time of requested by any authorized representative of the Company, payment and which the Company is obligated to pay. the Assured shall grant its permission, in writing, for any Upon the exercise by the Company of the option provided authorized representative of the Company to examine, inspect for in Paragraph (b) the Company's obligation to the and copy all records, books, ledgers, checks, correspondence Assured under this Guarantee for the claimed loss or and memoranda in the custody or control of a third party, damage, other than to make the payment required in which reasonably pertain to the loss or damage. All that paragraph, shall terminate, including any obligation information designated as confidential by the Assured to continue the defense or prosection of any litigation for provided to the Company pursuant to this Section shall not be which the Company has exercised its options under disclosed to others unless, in the reasonable judgment of the Paragraph 4. Company, it is necessary in the administration of the claim. 7. DETERMINATION AND EXTENT OF LIABILITY. Failure of the Assured to submit for examination under oath, This Guarantee is a contract of Indemnity against actual produce other reasonably requested information or grant monetary loss or damage sustained or incurred by the permission to secure reasonably necessary information from Assured claimant who has suffered loss or damage by reason third parties as required in the above paragraph, unless of reliance upon the assurances set forth in this Guarantee prohibited by law or governmental regulation, shall terminate and only to the extent herein described, and subject to the File No. 985689 FT Page 4 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone:888-632-1642. File No. 985689-FT Page 5 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Guarantee Subdivision or Proposed Subdivision: Alder Homes Order No.: 985689-FT Reference No.: Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5010500-985689-FT 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: John L. Santa and Apec Engineering FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: Legal Description attached hereto as Exhibit A, and by this referenced incorporated herein. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Santa Properties, LLC (B) Parties holding liens or encumbrances on the title to said lands are: 2021 taxes and special assessments are a lien; amounts are determined and payable. The first one- half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2021 $1260.92 paid $1260.89 paid 0327950 (C) Easements, claims of easements and restriction agreements of record are: 2. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of File No. 985689 FT Page 6 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 3. Terms and conditions of Grant of Conditional Use recorded July 13, 2016 as Doc. No. 2016-000- 13696. Date of Guarantee: October 29, 2021 at 7:30 A.M. Insured Titles By: Authorized Countersignature File No. 985689-Fi" Page 7 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 EXHIBIT A A TRACT OF LAND IN GOVERNMENT LOT 2 (SWNW) OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 6, BLOCK 12, WESTERN ADDITION TO KALISPELL, MONTANA; THENCE WESTERLY ON A LINE PARALLEL WITH THE NORTH BOUNDARY OF SIXTH STREET, A DISTANCE OF 16 FEET; THENCE SOUTHERLY ON A LINE PARALLEL WITH THE WESTERN BOUNDARY OF THE ALLEY IN LOT 12, WESTERN ADDITION TO KALISPELL, MONTANA, A DISTANCE OF 13 FEET, THENCE WESTERLY ON A LINE PARALLEL TO THE NORTH BOUNDARY OF SIXTH STREET, A DISTANCE OF 378 FEET TO A POINT WHICH IS THE POINT OF BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED; THENCE NORTHERLY AT A RIGHT ANGLE PARALLEL TO THE WEST BOUNDARY OF TENTH AVENUE WEST, A DISTANCE OF 346 FEET; THENCE WESTERLY AT A RIGHT ANGLE ON A LINE PARALLEL TO THE SOUTH BOUNDARY OF FIFTH STREET, A DISTANCE OF 126 FEET; THENCE SOUTHERLY AT A RIGHT ANGLE ON A LINE PARALLEL TO THE WEST BOUNDARY OF TENTH AVENUE WEST, A DISTANCE OF 346 FEET, THENCE EASTERLY AT A RIGHT ANGLE ON A LINE PARALLEL TO THE NORTH BOUNDARY OF SIXTH STREET, A DISTANCE OF 126 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT CERTAIN TRACT CONVEYED TO GUSTAV A. ANDERSON, ETUX IN DEED RECORDED FEBRUARY 6, 1956 IN BOOK 385, PAGE 140, RECORDS OF FLATHEAD COUNTY, MONTANA. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF KALISPELL IN GRANT DEED AND DEDICATION RECORDED MAY 15, 1956 IN BOOK 387, PAGE 500, RECORDS OF FLATHEAD COUNTY, MONTANA. File No. 985689-FT Page 8 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Fir.stArnerrearx Tit/el Privacy Notice Effective: October 1, 2019 Notice Last Updated: January 1, 2021 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, when you interact with us and/or use and access our services and products ("Products'D. For more information about our privacy practices, including our online practices, please visit https://www.firstam.com/privacy-policy. 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 a variety of categories of information about you. To learn more about the categories of information we collect, please visit https://www.firstam.com/privacy- oli How Do We Collect Your Information? We collect your 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 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. To learn more about how we may use your information, please visit httr)s://www.firstam.com/i)rivacy-policy/. How Do we Share Your Information? We do not sell your personal information. We only share your 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. To learn more about how we share your information, please visit https://www.firstam.com/privacy-policy/. How Do We Store and Protect your Information? The security of your information is important to us. That is why we take commercially reasonable steps to make sure your information is protected. We use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your information. How Lone Do We Keep Your Information? We keep your 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 information. You can learn more about your choices by visiting https://www.firstam.com/i)rivagy-i)olicy/. International Jurisdictions: Our Products are 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 information to us in the US, and you consent to that transfer and use of your 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. @ 2020 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10-PRIVACY20 (12-18-20) Page 1 of 2 Privacy Notice (2020 First American Financial Corporation) English x FirstAmerieaxa 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 (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/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 policy at www.firstam.com/privacy-policy to submit your request or by calling toll -free at 1-866-718-0097. Right of Deletion. You also have a right to request that we delete the personal information we have collected from and about 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. 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 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. Notice of Sale. We do not sell California resident information, nor have we sold California resident information in the past 12 months. We have no actual knowledge of selling the information of minors under the age of 16. Riaht 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. Notice of Collection. To learn more about the categories of personal information we have collected about California Residents over the last 12 months, please see `What Information Do We Collect About You" in www.firstam.com/privacy-policy. To learn about the sources from which we collected that information, the business and commercial purpose for is collection, and the categories of third parties with whom we have shared that information, please see "How Do We Collect Your Information", "How Do We Use Your Information", and 'How Do We Share Your Information" in www.flrstam.com/privacy-policy. Notice of Sale. We have not sold the personal information of California residents in the past 12 months. Notice of Disclosure. To learn more about the categories of personal information we may have disclosed about California residents in the past 12 months, please see "How Do We Use Your Information", and "How Do We Share Your Information" in www.firstam.com/privacy-policy. © 2020 First American Financial Corporation and/or its affiliates. All rights reserved, NYSE:FAF Form 10-PRIVACY20 (12-18-20) Page 2 of 2 Privacy Notice (2020 First American Financial Corporation) English 5X G1lRK CP ' 5g 5uo 5, 5 5Fgg 12 _..� solely "This plat is provided for the purpose of misting in locating the 50E0 `� land and the Company assumes no 50E o liability for variations, if any, with 5D actual survey."" Insured Titles 50D6 1 1 11 2 500A T 1 2 11 3 10 10 4 i 3 9 5 8 50AB 5 7 8 9 ZND S1 W RTMT ,� 1�` ��• � � � �•�� ...♦fit. ,..t�l '� y,r�waa'x".re •. � �,� Wpm— � 6!,,ri� 'I�, � � � - - � ��. vim`© ��' �•\.s�' '�`r© �i► . m'�5,�p. mom' - i _:.:,.. -���, i1/� � VPMW `� cs► �..� rri► aJ/ ,�' IAA �niI� S. � �ii 1IL To� � �' Ili � .�© � t� � � '�► '� 1s � .4_ II�I�IIIII'II1I�It'II�I�II'11I�I"II��I�I'�II)�'ll'IIII�'IIII�I'IIII'II��I'IIIII�II�l1"IJ13/2017011 '0 Debbie Pierson, Flathead AND WHEN RECORDED MAIL TO: John L. Santa Filed for RO'cord at Request of: Insured Titles Order No.: 662068-FT Parcel No.: 0327950 FOR VALUE RECEIVED, Angela S. Cahoon Space WARRANTY DEED This Line for Recorder's Use Only hereinafter called Grantor(s), do(es) hereby grant, bargain, sell and convey unto Santa Properties, LLC whose address is: 99d �%CC "7l n��k Sns�L59�i'ol Hereinafter called the Grantee, the following described premises situated in Flathead County, Montana, to -wit: A TRACT OF LAND IN GOVERNMENT LOT 2 (SWNW) OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 6, BLOCK 12, WESTERN ADDITION TO KALISPELL, MONTANA; THENCE WESTERLY ON A LINE PARALLEL WITH THE NORTH BOUNDARY OF SIXTH STREET, A DISTANCE OF 16 FEET; THENCE SOUTHERLY ON A LINE PARALLEL WITH THE WESTERN BOUNDARY OF THE ALLEY IN LOT 12, WESTERN ADDITION TO KALISPELL, MONTANA, A DISTANCE OF 13 FEET; THENCE WESTERLY ON A LINE PARALLEL TO THE NORTH BOUNDARY OF SIXTH STREET, A DISTANCE OF 376 FEET TO A POINT WHICH IS THE POINT OF BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED; THENCE NORTHERLY AT A RIGHT ANGLE PARALLEL TO THE WEST BOUNDARY OF TENTH AVENUE WEST, A DISTANCE OF 346 FEET; THENCE WESTERLY AT A RIGHT ANGLE ON A LINE PARALLEL TO THE SOUTH BOUNDARY OF FIFTH STREET, A DISTANCE OF 126 FEET; THENCE Page 1 of 2 Page: 2201700030470 f Fees: $14.00 12/13/2017 11:23 AM SOUTHERLY AT A RIGHT ANGLE ON A LINE PARALLEL TO THE WEST BOUNDARY OF TENTH AVENUE WEST, A DISTANCE OF 346 FEET; THENCE EASTERLY AT A RIGHT ANGLE ON A LINE PARALLEL TO THE NORTH BOUNDARY OF SIXTH STREET, A DISTANCE OF 126 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT CERTAIN TRACT CONVEYED TO GUSTAV A. ANDERSON, EfUX IN DEED RECORDED FEBRUARY 6, 1956 IN BOOK 385, PAGE 140, RECORDS OF FLATHEAD COUNTY, MONTANA. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF KALISPELL IN GRANT DEED AND DEDICATION RECORDED MAY 15, 1956 IN BOOK 387, PAGE 500, RECORDS OF FLATHEAD COUNTY, MONTANA. 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 and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated: December %, 2017 �24wk Cj Angela S. ahoon STATE OF Montana ) ss. COUNTY OF Flathead ) This instrument was acknowledged before me on December /Z , 2017, by Angela S. Cahoon. ROSIN R CLOSTIO `` NOTARY PUBLIC for the State os Ma,nrxna Residing at Wispe!" Montana My Commission Expires Octuhsr C3, 2320 Notary Public for the State of Montana Residing at: My Commission Expires: Page 2 of 2 Nov 15 2021 10:32AM Flathead County C&R 4067585865 page 1 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Western Montana Land Services FOR: Santa Properties LLC DATE: 05/21 /2021 DESCP : Alder Homes Subdivision PURPOSE : Subdivision YEARS ASSESSOR # 0327950 Same (updated 11/15/2021) I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for o-Arh accccone ni imhor c