Spring Creek Park Ph 1A Final Plat-7w
CITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: Final plat request for Spring Creek Park Phase IA
MEETING DATE: September 6, 2022
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
BACKGROUND: WGM Group has submitted a request, on behalf of GMK Associates, LLC, for final
plat approval of Spring Creek Park Phase IA, which is a one -lot subdivision on 41.68 acres. The property
is located to the east of West Springcreek Road between Two Mile Drive and Three Mile Drive and can
be described as a portion of Tract 1 of Certificate of Survey No. 20588, a tract of land, situated, lying and
being in the Northwest Quarter of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana. The full legal description of the subject property is attached to the final plat
compliance letter as Exhibit A.
The City Council approved the preliminary plat with 44 conditions in March 2022 (Resolution 6061).
All of the conditions have been met or adequately addressed. The attached report summarizes the
applicant's compliance with the conditions of approval. This final plat does not create any buildable lots
and serves solely to create a lot containing all of Phase I for financing purposes. Since no lots are being
served, no infrastructure is required at this time. As lots are created, the infrastructure and other
improvements will need to be installed per the approved Planned Unit Development and preliminary plat.
Since no infrastructure is necessary, a subdivision improvement agreement is not required.
RECOMMENDATION: It is recommended that the City Council make a motion to approve the final
plat for Spring Creek Park Phase IA.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: August 23, 2022
c: Aimee Brunckhorst, Kalispell City Clerk
CITY OF
KALISPELL
August 23, 2022
Doug Russell, City Manager
City of Kalispell
201 1st Ave E
Kalispell, MT 59901
Re: Final Plat request for Spring Creek Park Ph IA
Dear Doug:
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
WGM Group has submitted a request, on behalf of GMK Associates, LLC, for final plat approval of Spring
Creek Park Phase IA, which is a one -lot subdivision on 41.68 acres. The property is located to the east of
West Springcreek Road between Two Mile Drive and Three Mile Drive can be described as a portion of
Tract 1 of Certificate of Survey No. 20588, a tract of land, situated, lying and being in the Northwest
Quarter of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The full
legal description of the subject property is attached as Exhibit A.
The City Council approved the preliminary plat with 44 conditions in March 2022 (Resolution 6061). All
of the conditions have been met or adequately addressed. The following report summarizes the
applicant's compliance with the conditions of approval. This final plat does not create any buildable lots
and serves solely to create a lot containing all of Phase 1 for financing purposes. Since no lots are being
served, no infrastructure is required at this time. As lots are created, the infrastructure and other
improvements will need to be installed per the approved Planned Unit Development and preliminary
plat. Since no infrastructure is necessary, a subdivision improvement agreement is not required.
COMPLIANCE WITH CONDITIONS OF APPROVAL
The Planned Unit Development for Spring Creek Park allows the following deviations from the
Zoning Regulations:
(1) Lot Area: Sec 27.06.040(1) — Minimum lot size in the R-3 zone is 6000 square feet. The
deviation reduces minimum lot area to 3000 square feet for the attached townhome/rowhouse
lots.
(2) Height: Sec 27.06.040(4) — The maximum allowable height in the R-3 zone is 35 feet. This
deviation would allow an additional five feet for townhouses/rowhouses with a maximum of
three floors.
(3) Lot Coverage: Sec 27.06.040(5) — Maximum lot coverage in the R-3 zone is 45%. This
deviation would allow the maximum lot coverage for townhome/rowhouse lots be increased to
60%.
Staff Response: Not applicable at this time.
2. The Planned Unit Development for Spring Creek Park allows the following deviations from the
Kalispell Subdivision Regulations:
(1) Road Sections: Section 28.3.14 — The parkway design is a deviation from standard street
sections. The alternative design is allowed provided that (a) the parking is on the house side of
the street; (b) utilities are designed as determined by Public Works for maintenance and servicing;
(c) where the north/south road intersects the parkway, the landscaped center island should
continue through the intersection so the road would end at the parkway in a T-intersection; and
(d) the center landscape island be maintained as private.
(2) Driveway Access Onto Collector: Sec 28.3.14(G) and (J) — On the collector road, where
alleys are not feasible, driveway access to the street would be allowed if the block is posted as
"no parking" and also provided that any lot with an alley be required to access from the alley.
(3) Block Length: Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but not more
than 600 feet. This deviation allows block lengths in excess of 600 feet provided the layout is in
substantial compliance with the proposed PUD plan.
Staff Response: Not applicable at this time.
3. The preliminary plat approval for the subdivision is not effective until the ordinance approving
the PUD/zone change becomes effective.
Staff Response: This condition has been met. The ordinance became effective in April 2022.
4. The development of the site shall be in substantial compliance with the application submitted,
the site plan, materials and other specifications as well as any additional conditions associated
with the preliminary plat as approved by the city council.
Staff Response: This condition has been met. It is consistent with the overall development plan
at this early stage. Further development of the subdivision will be in conformance with the
approved planned unit development and preliminary plat.
5. A development agreement shall be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed, shall
constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and
signed by the city and owner prior to the issuance of a building permit.
Staff Response: After consulting the City Attorney, an agreement is not required at this time.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed
with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell
Zoning Ordinance.
Staff Response: This condition has been adequately addressed in that a final PUD plan is not
required at this time.
7. As a PUD with an associated preliminary plat application, the abandonment or expiration of the
PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
Staff Response: This condition has been met. The PUD is still effective.
8. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant fixture shall not
be allowed without mitigation. The developer shall work closely with the Parks Department and
Public Works to develop a design that is both visually appealing and meets the required safety
guidelines. It is intended that when the project is developed the ponds will act as features,
particularly along the roadways, rather than a private maintenance utility facility.
Staff Response: As infrastructure is not necessary for this final plat, this condition is currently
not applicable.
9. The preliminary plat approval shall be valid for a period of three years from the date of approval.
Staff Response: This condition has been met. The preliminary plat was approved in March
2022 and is still valid.
10. The developer shall submit to the Kalispell Public Works Department for review and approval a
storm water report and an engineered drainage plan that meets the requirements of the current
city standards for design and construction. Any open storm water facilities should have an
elevated aesthetic design to be reviewed and approved by the city Architectural Review
Committee. Prior to final plat, a certification shall be submitted to the public works department
stating that the drainage plan for the subdivision has been installed as designed and approved.
Staff Response: As infrastructure is not necessary for this final plat, this condition is currently
not applicable.
11. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted to
Montana Department of Environmental Quality for the General Permit for Storm Water
Discharge Associated with Construction Activities.
Staff Response: As infrastructure construction is not necessary for this final plat, this condition
is currently not applicable.
12. 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: As infrastructure is not necessary for this final plat, this condition is currently
not applicable.
13. 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. This infrastructure shall include but not be limited to streets, street lighting, street
signage, curb, gutter, boulevard and sidewalks.
Staff Response: As infrastructure is not necessary for this final plat, this condition is currently
not applicable.
14. Water and sewer main extensions shall be designed and constructed in accordance with the City
of Kalispell's Standards for Design and Construction and in compliance with the city's facilities
update and extensions of services plans. The water and sewer main extension plans shall be
reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a
certification shall be submitted to the Public Works Department stating that the water and sewer
mains have been built and tested as designed and approved.
Staff Response: As infrastructure is not necessary for this final plat, this condition is currently
not applicable.
15. Per city standards, the water mains shall be extended within the adjacent frontages to the far
property line. The main in Two Mile shall be extended in conjunction with Phase 1, and the main
in West Springcreek shall be extended with Phase 2. The mains may need to be upsized, and the
city would participate in the upsize cost.
Staff Response: As water mains are not necessary to serve any lots for this final plat (no
buildable lots are created), this condition is currently not applicable.
16. Any water rights associated with the property shall be transferred to the City of Kalispell. The
water rights shall be allocated proportionally for each phase of the development prior to final
plat.
Staff Response: This condition is currently not applicable. Any water rights will be transferred
as buildable lots are created with future final plats.
17. Per city standards, the sewer mains shall be extended within the adjacent frontages to the far
property line. With Phase 1, it would be installed within the Two Mile frontage. The main should
be installed within West Springcreek with Phase 2. Alternative locations must be reviewed and
approved by Public Works.
Staff Response: As sewer mains are not necessary to serve any lots for this final plat (no
buildable lots are created), this condition is currently not applicable.
18. In order to allow for the connection to the Westside Interceptor through the development, the
developer shall grant an easement for construction of a sewer line connection at or prior to the
time of final plat for Phase 1.
Staff Response: This condition has been met. The easement is shown on the face of the plat
and was reviewed and approved pursuant to the attached letter from Public Works dated August
2, 2022.
19. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for design
and construction, except as otherwise provided for herein.
Staff Response: As infrastructure is not necessary for this final plat, this condition is currently
not applicable.
20. Two Mile, Three Mile, and West Springcreek shall be upgraded for the length of the frontage to
a level as specified in the Transportation Plan and the Standards for Design and Construction.
Two Mile shall be to a major collector standard and both Three Mile and West Springcreek shall
be to a minor arterial standard. Improvements may include, but would not necessarily be limited
to, widening travel lanes, bike/pedestrian paths, landscape boulevard, streetlights, and
curb/gutter. Dedication of additional right-of-way will be required for improvements for the
adjoining roadways, as well as for the future roundabout at the intersection of Three Mile Drive
and West Springcreek. Improvements for Two Mile shall be installed with Phase 1 and
improvements for both Three Mile and West Springcreek shall be installed with Phase 2.
Staff Response: As infrastructure is not necessary for this final plat, this condition is currently
not applicable.
21. Internal streets would include streets built to local/collector design standards pursuant to the
Standards for Design and Construction including, but not limited to, sidewalks, landscape
boulevard, streetlights, and curb/gutter. The parkway cross section, which is a requested
deviation, would provide an alternative design. At the west end of Triple Creek Drive, there shall
be a hammerhead turnaround or other approved alternated design to accommodate snow plowing
and emergency access.
Staff Response: As infrastructure is not necessary for this final plat, this condition is currently
not applicable.
22. The roundabout shown in Phase 2 shall be reviewed as part of the Phase 2 plat. A turning
movement distribution shall be provided if a compact roundabout is to be built. If justified,
adequate right-of-way shall be dedicated to provide a single lane, compact roundabout with a
minimum 80-foot diameter.
Staff Response: This condition is not currently applicable.
23. Alleys included within the plan shall be maintained as private alleys with public utility
easements. Under Sec 28.3.15, the rowhouses cannot have access onto the street due to their
width and the access shall only be from an alley. Additionally, any lot located on the collector
with an alley shall access only from the alley pursuant to the requested deviation allowing access
for some lots onto the collector.
Staff Response: This condition is not currently applicable.
24. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note stating
that "The owners hereby waive the right to protest the creation of an SID for the purpose of
financing improvements to area roads which specifically benefit this subdivision."
Staff Response: This condition has been met. The note is included on the face of the plat.
25. Prior to final plat, all mitigation recommended as part of the approved traffic impact study
relative to the given phase shall be completed. All improvements shall be reviewed and approved
by the Public Works Department. Per the city Standards for Design and Construction, the
development shall maintain or improve the existing level of service for the affected roadways
rather than simply maintaining an acceptable level of service. Improvements necessary to
maintain the existing level of service will be required.
Staff Response: As infrastructure is not necessary for this final plat, this condition is currently
not applicable.
26. Based on the Traffic Impact Study ("TIS") and city review of the TIS, there are several areas
which require mitigation.
(a) Intersection of Three Mile Drive and West Springcreek: Phase 1 of the project
does not appear to sufficiently impact the intersection, and review of later phases
shall take the intersection into account with additional analysis and review at that
time.
(b) Intersection of the internal collector road and Three Mile Drive: When the
collector road is constructed, it shall include a northbound right turn lane.
(c) Intersection of Camp Crook Avenue and Three Mile Drive: Northbound left-hand
turns shall be restricted. This improvement shall be installed with the first phase
unless otherwise determined by the Public Works Department.
(d) Intersection of Heaven's Peak and Three Mile Drive: The developer shall provide
a 14-hour intersection turning movement study and install a signalized
intersection at Three Mile Drive and Heaven's Peak Drive when warrants are met
per Manual on Uniform Traffic Control Devices and MDT.
(e) Intersection of Stillwater Road and Three Mile Drive: The developer shall
provide a 14-hour intersection turning movement study to determine if a signal is
warranted. When warranted, staff recommends a regional SID to construct the
signal.
Staff Response: As no buildable lots are created and infrastructure is not necessary for this final
plat, this condition is currently not applicable.
27. The proposal shows that fencing will be included as part of the project to buffer the eastern and
northern borders of phase 1 as needed. Fencing will be required to be reviewed and approved by
the city Architectural Review Committee, which shall ensure a consistency of colors and
materials to be used to present an aesthetically pleasing design.
Staff Response: This condition is currently not applicable.
28. The recommendations in the Geotech report shall be followed.
Staff Response: As infrastructure is not necessary for this final plat and no buildable lots are
being created, this condition is currently not applicable.
29. Basements are not allowed within the development unless appropriately designed with
waterproofing and other design elements required by the Kalispell Building Department. All
building sites within the development shall be subject to additional review if required by the
Kalispell Building Department including, but not necessarily limited to, site specific geotechnical
investigation.
Staff Response: As buildable lots are not being created with this final plat, this condition is
currently not applicable.
30. Further study of the southeast corner of Phase 1 shall be completed to ensure that any building
sites are not unduly impacted by the presence of hydric soils.
Staff Response: As buildable lots are not being created with this final plat, this condition is
currently not applicable.
31. Under Section 28.3.06 of the subdivision regulations, the development shall maintain a minimum
100-foot setback from wetlands to any proposed lot boundaries. Under Section 28.3.07, the
development shall limit uses within the 50-foot setback from the stream.
Staff Response: As buildable lots are not being created with this final plat, this condition is
currently not applicable.
32. 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.
Staff Response: As infrastructure is not necessary for this final plat, acceptance of infrastructure
and bonding is not required.
33. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements
for city water and sewer shall be provided to allow for the logical extension of utilities from this
subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be
obtained stating that the required easements are being shown on the final plat.
Staff Response: This condition has been met. A letter from Public Works dated August 2, 2022,
is attached.
34. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the
right to the joint use of an easement for the construction, maintenance, repair, and removal of their
lines and other facilities, in, over, under, and across each area designated on this plat as "Utility
Easement" to have and to hold forever."
Developer's Signature
Staff Response: This condition has been met. The note appears on the face of the plat
35. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The mail
delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site
and improvements shall also be included in the preliminary and final engineering plans to be
reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area.
Staff Response: As buildable lots are not being created with this final plat, this condition is
currently not applicable.
36. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks and
open space. Maintenance of any private roads and alleys shall include both short term and long-
term maintenance including, but not necessarily limited to, snow plowing, landscaping,
sidewalks, street repairs, overlays, and rebuilds of the street.
Staff Response: As buildable lots are not being created with this final plat and there is no
infrastructure associated with this plat, this condition is currently not applicable.
37. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants
and fire flows within the subdivision shall be submitted prior to final plat.
Staff Response: As buildable lots are not being created with this final plat and there is no
infrastructure associated with this plat, this condition is currently not applicable.
38. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for
the placement of trees and landscaping materials within the landscape boulevards of the streets
serving the subdivision, common area, and adjoining rights -of -way. The approved landscape
plan shall be implemented or a cash -in -lieu payment for installation of the street trees and
groundcover be provided to the Kalispell Parks and Recreation Department.
Staff Response: As there is no infrastructure associated with this plat, this condition is currently
not applicable.
39. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat
of Phase 1, and the plan shall show that the parkland dedication requirement is met for each
phase.
Staff Response: As buildable lots are not being created with this final plat, there is no parkland
requirement for this phase and this condition is currently not applicable.
40. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The assessments
levied within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council.
Staff Response: This condition has been met. The note appears on the face of the plat.
41. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the property
owner(s) default on the maintenance of the approved stormwater facilities. The assessments
levied within the maintenance district shall be determined by the Public Works Department with
approvals by the Kalispell City Council.
Staff Response: This condition has been met. The note appears on the face of the plat.
42. 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 as there is no infrastructure required for this final
plat.
43. 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: As there is no infrastructure associated with this plat, this condition is currently
not applicable.
44. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
Staff Response: As there are no disturbed areas due to no infrastructure being associated with
this plat, this condition is currently not applicable.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS
This subdivision plat has been found to be in compliance with the State and City subdivision regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-3/PUD zoning for the
property.
RECOMMENDATION:
It can be found that the conditions 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 Spring Creek
Park Phase IA.
Attachments: - Two mylars of final plat
- Copy of final plat
- Applicant responses and final plat application dated 7/21/22
- Letter from Public Works dated 8/2/22
- DEQ MFE dated 8/26/22
- First American Title Insurance Guarantee 5010500-1057320-FT dated 7/12/22
- Flathead County tax certification dated 8/24/22
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: WGM Group
431 Is'Ave W
Kalispell, MT 59901
EXHIBIT A
LEGAL DESCRIPTION
A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 20588, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA,
LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA. CITY OF KALISPELL.
COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SECTION 11, TOWNSHIP 2S NORTH, RANGE 22 VEST; THENCE N87'0112-W. ALONG THE MID -SECTION LJNE OF SAID
SECTION 11, 981.94 FEET; THENCE ALONG THE EAST AND NORTHEASTERLY BOUNDARY LINES OF TRACT 2 OF SAID CERTIFICATE OF SURVEY
Na 24588 THE FOLLOWING THREE COURSES: 1) NO2'58'291, 25.13 FEET; 2) N31'4-735w, 315.00 FEET; 3) N49.44U7W, 391,01 FEET;
THENCE NDD'28'G6 W. 651.87 FEET; THENCE N89'35'56'E, 86.97 FEET, THENCE N10'1458£, 130.55 FEET; THENCE S89'4738 E. 124.60 FEET TO THE
SOUTHWEST CORNER OF THE PLAT OF SPRING CREEK ESTATES 1, ON FILE AND OF RECORD IN FLATHEAD COUNTY; THENCE CONTINUING
S89'47'381 , ALONG THE SOUTH PERIMETER BOUNDARY LINE OF SAID PLAT OF SPRING CREEK ESTATES 1, 1313.34 FEET TO THE NORTHWEST CORNER OF
THE PLAT OF ASPEN KNOLL SUBDIVISION 1, ON FILE AND OF RECORD IN FLATHEAD COUNTY; THENCE 504'1620w, ALONG THE WEST PERIMETER
BOUNDARY LJNE OF SAID PLAT OF ASPEN KNOLL SUBDIVISION 1, 1316.14 FEET TO THE POINT OF BEGINNING, CONTAINING 41.67 ACRES, MORE OR LESS,
BEING SURVEYED AND MONUMENTED ACCORDING TO THIS PLAT.
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4 A WGMGROUP
Community Values. Inspired Futures.
u
July 21, 2022
Jarod Nygren, Director
Kalispell Planning Department
201 1" Avenue East
Kalispell, MT 59901
Re: Final Plat Application for Spring Creek Park Phase 1A
Dear Jarod:
As surveyor of record for Spring Creek Phase 1A Subdivision, I hereby certify that all of the
conditions stated in Resolution No. 6061 have been addressed to the best of my
knowledge.
Enclosed is the Final Plat application for the Spring Creek Phase 1 Subdivision. The
conditions of approval are listed below along with how each has been addressed:
1. The Planned Unit Development for Spring Creek Park allows the following deviation
from the Zoning Regulations:
(1) Lot Area: Sec 27. 06. 040(1)— Minimum lot size in the R- 3 zone is 6000 square
feet. The deviation reduces minimum lot area to 3000 square feet for the attached
townhome/ rowhouse lots.
(2) Height: Sec 27. 06. 040(4)— The maximum allowable height in the R- 3 zone is 35
feet. This deviation would allow an additional five feet for townhouses/ rowhouses
with a maximum of three floors.
(3) Lot Coverage: Sec 27. 06. 040(5)— Maximum lot coverage in the R-3 zone is 45%.
This deviation would allow the maximum lot coverage for townhome/ rowhouse
lots be increased to 60%.
The development of the site shall utilize the above deviations at a future date.
2. The Planned Unit Development for Spring Creek Park allows the following deviations
from the Kalispell Subdivision Regulations:
(1) Road Sections: Section 28. 3. 14— The parkway design is a deviation from standard
street sections. The alternative design is allowed provided that (a) the parking is on
the house side of the street; (b) utilities are designed as determined by Public
Works for maintenance and servicing; (c) where the north/ south road intersects
the parkway, the landscaped center island should continue through the intersection
so the road would end at the parkway in a T-intersection; and (d) the center
landscape island be maintained as private.
431 1s`Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
Kalispell Planning Department
07/21/22
Page 2 of 9
(2) Driveway Access Onto Collector: Sec 28. 3.14 (G) and (J)— On the collector road,
where alleys are not feasible, driveway access to the street would be allowed if the
block is posted as "no parking" and also provided that any lot with an alley be
required to access from the alley.
(3) Block Length: Sec 28. 3. 12(A)(2)— Block lengths must be at least 250 feet, but not
more than 600 feet. This deviation allows block lengths in excess of 600 feet
provided the layout is in substantial compliance with the proposed PUD plan.
The development of the site shall utilize the above deviations at a future date.
3. The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD/zone change becomes effective.
The PUD/zone change was approved as Ordinance No. 1873 on March 21, 2022 and
became effective April 21, 2022.
4. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
Currently not applicable. No development at this time.
5. A development agreement shall be drafted by the Kalispell City Attorney between the
City of Kalispell and the developer outlining and formalizing the terms, conditions and
provisions of approval. The final plan as approved, together with the conditions and
restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for
the site that shall be completed and signed by the city and owner prior to the issuance
of a building permit.
Currently not applicable.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.
020(7) of the Kalispell Zoning Ordinance.
Currently not applicable.
7. As a PUD with an associated preliminary plat application, the abandonment or
expiration of the PUD is governed by Section 27.19. 020(10) of the Kalispell Zoning
Ordinance.
Currently not applicable.
Kalispell Planning Department
07/21/22
Page 3 of 9
8. The storm water ponds shall be designed in a way that they become a visual interest to
the development. Chain link fencing surrounding the retention pond as the dominant
fixture shall not be allowed without mitigation. The developer shall work closely with
the Parks Department and Public Works to develop a design that is both visually
appealing and meets the required safety guidelines. It is intended that when the project
is developed the ponds will act as features, particularly along the roadways, rather than
a private maintenance utility facility.
Currently not applicable.
9. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
The preliminary plat was approved in March 2022 and is still valid.
10. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the
requirements of the current city standards for design and construction. Any open
storm water facilities should have an elevated aesthetic design to be reviewed and
approved by the city Architectural Review Committee. Prior to final plat, a certification
shall be submitted to the public works department stating that the drainage plan for
the subdivision has been installed as designed and approved.
Currently not applicable.
11. The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a copy of
all documents submitted to Montana Department of Environmental Quality for the
General Permit for Storm Water Discharge Associated with Construction Activities.
Currently not applicable.
Prior to construction, the Contractor will obtain a General Permit for Storm Water
Discharge Associated with Construction Activities.
12. 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.
Currently not applicable.
13. 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. This infrastructure shall include but not be limited to
streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
Kalispell Planning Department
07/21/22
Page 4 of 9
Currently not applicable.
14. Water and sewer main extensions shall be designed and constructed in accordance
with the City of Kalispell's Standards for Design and Construction and in compliance
with the city's facilities update and extensions of services plans. The water and sewer
main extension plans shall be reviewed and approved by the Kalispell Public Works
Department. Prior to final plat, a certification shall be submitted to the Public Works
Department stating that the water and sewer mains have been built and tested as
designed and approved.
Currently not applicable.
15. Per city standards, the water mains shall be extended within the adjacent frontages to
the far property line. The main in Two Mile shall be extended in conjunction with Phase
1, and the main in West Springcreek shall be extended with Phase 2. The mains may
need to be upsized, and the city would participate in the upsize cost.
Currently not applicable.
16. Any water rights associated with the property shall be transferred to the City of
Kalispell. The water rights shall be allocated proportionally for each phase of the
development prior to final plat.
Currently not applicable.
17. Per city standards, the sewer mains shall be extended within the adjacent frontages to
the far property line. With Phase 1, it would be installed within the Two Mile frontage.
The main should be installed within West Springcreek with Phase 2. Alternative
locations must be reviewed and approved by Public Works.
Currently not applicable.
18. In order to allow for the connection to the Westside Interceptor through the
development, the developer shall grant an easement for construction of a sewer line
connection at or prior to the time of final plat for Phase 1.
The sanitary sewer easement created, shown and granted to the City of Kalispell on
this plat.
19. The developer shall submit the street designs to the Kalispell Public Works Department
for review and approval prior to construction. Street designs shall meet the city
standards for design and construction, except as otherwise provided for herein.
Currently not applicable.
Kalispell Planning Department
07/21/22
Page 5 of 9
20. Two Mile, Three Mile, and West Springcreek shall be upgraded for the length of the
frontage to a level as specified in the Transportation Plan and the Standards for Design
and Construction. Two Mile shall be to a major collector standard and both Three Mile
and West Springcreek shall be to a minor arterial standard. Improvements may include,
but would not necessarily be limited to, widening travel lanes, bike/pedestrian paths,
landscape boulevard, streetlights, and curb/ gutter. Dedication of additional right- of
way will be required for improvements for the adjoining roadways, as well as for the
future roundabout at the intersection of Three Mile Drive and West Springcreek.
Improvements for Two Mile shall be installed with Phase 1 and improvements for both
Three Mile and West Springcreek shall be installed with Phase 2.
Currently not applicable.
21. Internal streets would include streets built to local/ collector design standards
pursuant to the Standards for Design and Construction including, but not limited to,
sidewalks, landscape boulevard, streetlights, and curb/ gutter. The parkway cross
section, which is a requested deviation, would provide an alternative design. At the
west end of Triple Creek Drive, there shall be a hammerhead turnaround or other
approved alternated design to accommodate snow plowing and emergency access.
Currently not applicable.
22. The roundabout shown in Phase 2 shall be reviewed as part of the Phase 2 plat. A
turning movement distribution shall be provided if a compact roundabout is to be built.
If justified, adequate right- of -way shall be dedicated to provide a single lane, compact
roundabout with a minimum 80- foot diameter.
Currently not applicable.
23. Alleys included within the plan shall be maintained as private alleys with public utility
easements. Under Sec 28. 3. 15, the rowhouses cannot have access onto the street due
to their width and the access shall only be from an alley. Additionally, any lot located
on the collector with an alley shall access only from the alley pursuant to the requested
deviation allowing access for some lots onto the collector.
Currently not applicable.
24. Pursuant to Sec 28. 3. 25 of the subdivision regulations, the final plat shall include a
note stating that "The owners hereby waive the right to protest the creation of an SID
for the purpose of financing improvements to area roads which specifically benefit this
subdivision."
The above note has been included on the final plat.
25. Prior to final plat, all mitigation recommended as part of the approved traffic impact
study relative to the given phase shall be completed. All improvements shall be
reviewed and approved by the Public Works Department. Per the city Standards for
Kalispell Planning Department
07/21/22
Page 6 of 9
Design and Construction, the development shall maintain or improve the existing level
of service for the affected roadways rather than simply maintaining an acceptable level
of service. Improvements necessary to maintain the existing level of service will be
required.
Currently not applicable.
26. Based on the Traffic Impact Study ("TIS") and city review of the TIS, there are several
areas which require mitigation.
(a) Intersection of Three Mile Drive and West Springcreek: Phase 1 of the project does
not appear to sufficiently impact the intersection, and review of later phases shall
take the intersection into account with additional analysis and review at that time.
(b)Intersection of the internal collector road and Three Mile Drive: When the collector
road is constructed, it shall include a northbound right turn lane.
(c) Intersection of Camp Crook Avenue and Three Mile Drive: Northbound left- hand
turns shall be restricted. This improvement shall be installed with the first phase
unless otherwise determined by the Public Works Department.
(d)Intersection of Heaven's Peak and Three Mile Drive: The developer shall provide a
14- hour intersection turning movement study and install a signalized intersection at
Three Mile Drive and Heaven' s Peak Drive when warrants are met per Manual on
Uniform Traffic Control Devices and MDT.
(e) Intersection of Stillwater Road and Three Mile Drive: The developer shall provide a
14-hour intersection turning movement study to determine if a signal is warranted.
When warranted, staff recommends a regional SID to construct the signal.
Currently not applicable.
27. The proposal shows that fencing will be included as part of the project to buffer the
eastern and northern borders of phase 1 as needed. Fencing will be required to be
reviewed and approved by the city Architectural Review Committee, which shall
ensure a consistency of colors and materials to be used to present an aesthetically
pleasing design.
Currently not applicable.
28. The recommendations in the Geotech report shall be followed.
Currently not applicable.
29. Basements are not allowed within the development unless appropriately designed
with waterproofing and other design elements required by the Kalispell Building
Department. All building sites within the development shall be subject to additional
review if required by the Kalispell Building Department including, but not necessarily
limited to, site specific geotechnical investigation.
Currently not applicable.
Kalispell Planning Department
07/21/22
Page 7 of 9
30. Further study of the southeast corner of Phase 1 shall be completed to ensure that any
building sites are not unduly impacted by the presence of hydric soils.
Currently not applicable.
31. Under Section 28. 3. 06 of the subdivision regulations, the development shall maintain
a minimum 100- foot setback from wetlands to any proposed lot boundaries. Under
Section 28. 3. 07, the development shall limit uses within the 50-foot setback from the
stream.
Currently not applicable.
32. 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.
Currently not applicable.
33. All existing and proposed easements shall be indicated on the face of the final plat.
Utility easements for city water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A letter from the
Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat.
The easements as currently required are shown on final plat.
34.The following statement shall appear on the final plat: " The undersigned hereby grants
unto each and every person, firm or corporation, whether public or private, providing
or offering to provide telephone, telegraph, electric power, gas, cable television, water
or sewer service to the public, the right to the joint use of an easement for the
construction, maintenance, repair, and removal of their lines and other facilities, in,
over, under, and across each area designated on this plat as " Utility Easement" to have
and to hold forever."
Developer' s Signature
The statement above has been included on the final plat.
35. Prior to filing the final plat, a letter from the US Postal Service shall be included stating
the Service has reviewed and approved of the design and location of the mail delivery
site. The mail delivery site shall be installed or bonded for prior to final plat. In addition,
the mail delivery site and improvements shall also be included in the preliminary and
final engineering plans to be reviewed by the Public Works Department. The mail
delivery site shall not impact a sidewalk or proposed boulevard area.
Currently not applicable.
Kalispell Planning Department
07/21/22
Page 8 of 9
36. A homeowner' s association ( HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads,
parks and open space. Maintenance of any private roads and alleys shall include both
short term and long-term maintenance including, but not necessarily limited to, snow
plowing, landscaping, sidewalks, street repairs, overlays, and rebuilds of the street.
Currently not applicable.
37. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
Currently not applicable.
38. A letter shall be obtained from the Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the
landscape boulevards of the streets serving the subdivision, common area, and
adjoining rights- of -way. The approved landscape plan shall be implemented or a cash-
in- lieu payment for installation of the street trees and groundcover be provided to the
Kalispell Parks and Recreation Department.
Currently not applicable.
39. A park plan shall be created and approved by the Parks and Recreation Director prior
to final plat of Phase 1, and the plan shall show that the parkland dedication
requirement is met for each phase.
Currently not applicable.
40. A note shall be placed on the final plat indicating a waiver of the right to protest
creation of a park maintenance district. This district shall only be activated in the event
that the property owners' association defaults on their park and open space amenity
conditions. The assessments levied within the maintenance district shall be determined
by the Parks and Recreation Department with approvals by the Kalispell City Council.
The above note has been included on the final plat.
41. A note shall be placed on the final plat indicating a waiver of the right to protest
creation of a stormwater maintenance district. This district shall only be activated in
the event that the property owner(s) default on the maintenance of the approved
stormwater facilities. The assessments levied within the maintenance district shall be
determined by the Public Works Department with approvals by the Kalispell City
Council.
The above note has been included on the final plat.
42. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
Currently not applicable.
Kalispell Planning Department
07/21/22
Page 9 of 9
43. 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.
Currently not applicable.
44. All areas disturbed during development shall be re- vegetated with a weed- free mix
immediately after development.
Currently not applicable.
Sincerely,
WGM Group, Inc.
Kristine McMahon, PLS
Land Surveyor II
Development Services
crrY Department
Kalispell, MT 59901
1K,A]LISPEIL11, 201 1st Avenue East
Phone (406) 758-7940
FINAL PLAT
Email: planning(a�kalispell.com Website: www.kalispell.com
Project Name
Spring Creek Park Phase 1A
Property Address
None Assigned
NAME OF APPLICANT
GMK Associates LLC
Applicant Phone
406-499-4229
Applicant Address
208 1 st Ave East
City, State, Zip
Kalispell, MT 59901
Applicant Email Address
Seth@compassmt.net
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD
Same as Applicant
Owner Phone
Owner Address
City, State, Zip
Owner Email Address
CONSULTANT (ARCH ITECTIENGINEER)
WGM Group
Phone
406-756-4848
Address
431 1 stave West
City, State, Zip
Kalispell, MT, 59901
Email Address
mbrodie@wgmgroup.com
POINT OF CONTACT FOR REVIEW COMMENTS
Mike Brodie
Phone
406-756-4848
Address
431 1 st Ave West
City, State, Zip
Kalispell, MT, 59901
Email Address
mbrodie@wgmgroup.com
List ALL owners (any individual or other entity with an ownership interest in the property):
GMK Associates (same as above)
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
See attached application, Section B
M B 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
1. Date of Preliminary Plat Approval March 7, 2022
2. Type of Subdivision:
3. Total number of lots in Subdivision:
4. Land in Project (acres) 40
5. Parkland (acres) n/a
8. Number of lots by type:
Single Family
Commercial/Industrial
Townhouse (sublots)
Development Services
Department
201 1st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
Residential Industrial Commercial_❑ PUDZ Other
6. Cash -in -lieu $
7. Exempt
Multi -Family
Mobile Home
RV Park _
Other 2
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) x
Tax Certification (Property Taxes must be paid) x
Consent(s) to Plat (Originals and notarized)
x
Subdivision Improvement Agreement (Attach signed
original & collateral)
x
Parkland Cash -in -lieu (Check attached)
x
Water rights transfer
x
Copy of CCR's
x
Plats (2 mylars & 1 electronic copy) - other attachments required per
appendix D of subdivision regulations x
I 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 staff to
be present on the property for routine monitoring and inspection during the approval and development process.
Applicant Signature
Date
0501111111
k'11 Y k7 11
KALISPELL
APPLICATION PROCESS
(application must be received and
accepted by the Kalispell Planning
Department 30 days prior to the City
Council Meeting)
Application Contents:
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 201MB)
Development Services
Department
2011st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
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
Filing Fee Attached $ 925
CITY OF
KALISPELL
August 2, 2022
Mike Brodie, PE
Senior Project Engineer
W GM Group
431 1st Ave W
Kalispell, MT 59901
Re: Final Plat Conditions Spring Creek Park — Phase 1
Dear Mr. Brodie,
The purpose of this letter is to address the Public Works related conditions required prior to Final
Plat as referenced in the Resolution No. 6061.
My understanding of the purpose of this final plat application is to better allow financing of sub -
phases of Phase 1 without completing required design or improvements as specified in the
resolution. Therefore, this letter only addresses Conditions 18 and 33 of the conditions of
Preliminary Plat, required prior to final plat.
Condition 18: In order to allow for the connection to the Westside Interceptor through the
development, the developer shall grant an easement for construction of a sewer line connection
at or prior to the time offznal plat for Phase 1.
Condition 33: All existing and proposed easements shall be indicated on the face of the final
plat. Utility easements for city water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell
Public Works Department shall be obtained stating that the required easements are being shown
on the final plat.
Per the Final Plat submittal provided and reviewed by this office, Conditions 18 and 33 shall be
hereby considered met with execution of the Final Plat.
Following is a summary of items NOT completed as specified and required in the above
referenced conditions of Preliminary Plat.
• Condition 8 — concerning stormwater ponds.
• Condition 10 — concerning a stormwater report and plans.
• Condition 11— concerning an erosion and sediment control plan for construction.
• Condition 12 — concerning water and sanitary sewer plans, specifications, and design reports.
• Condition 13 — concerning approval of design of city street infrastructure.
201 1' Avenue E IPhone (406)758-7720
PO Box 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 www.kalispell.com
• Condition 14
— concerning water and sewer extensions.
• Condition 15
— concerning water main extensions in project frontages (specifically, the required
extension in Two Mile Drive is NOT done in this phase).
• Condition 16
— concerning water rights transfer.
• Condition 17
— concerning sewer main extensions in project frontages (specifically, the required
extension in Two Mile Drive is NOT done in this phase).
• Condition 19
— concerning street designs per City Standards.
• Condition 20
— concerning street frontage improvements (specifically, the required street
improvements in Two Mile Drive are NOT complete in this phase).
• Condition 21—
concerning internal street design to local and collector standards.
• Condition 23
— concerning private alleys.
• Condition 24
— concerning the waiver to protest an SID for area road improvements.
• Condition 25
— concerning the required TIS improvements per phase.
• Condition 26
— concerning specific road mitigation requirements.
• Condition 32
— concerning acceptance of new infrastructure.
• Condition 35
— concerning mail delivery sites.
• Condition 41—
concerning the waiver to protest creation of a stormwater maintenance district.
• Condition 42
— concerning a minimum of 2/3 of necessary infrastructure completed.
• Condition 43
— concerning installation and locations of utilities.
In consideration of all of the conditions NOT met with the final plat submittal, there is a
hesitancy from this office to provide any letter at all.
Therefore, prior to any city operation or ownership of any mains or any city services provided to
this platted Lot (other than those already existing), ALL of the above conditions MUST BE
MET as required in the referenced conditions. The applicant should not consider ANY other
conditions prior to Final Plat to be met for the Department of Public Works other than
Conditions 18 and 33 specified above.
Sincerely,
�t
Keith "ki.s,E
Deputy Public Works Director / City Engineer
CC: PJ Sorensen — Senior Planner
Page 2 of 2
reenlan DrEQ. :mom r
o' Er V1Mnmcn:.1 'mot. tr
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
MUNICIPAL FACILITIES EXCLUSION
Subdivision Name: Spring Creek Park
Geocode: 07-3965-11-2-01-03-0000
Number of lots/parcels/units: 1 / 0/ 0
(this can be found at htt ://svc.mt. ov/msl/mtcadastral)
Are main extensions necessary to servethe subdivision?jL*Yes _No If yes, have plans for the mains been submitted
for review? %/Yes _No
How will construction of the facilities be financed? Private developer funding
Owner Information:
Owner(s) Name: GKM Associates LLC
Print name of owner(s)
Address: 201 1 st Ave E, Kalispell, MT 59901
Signature of all o�h et_f record
Street or PO Box, City, State, Zip Code
Email: _ bilipcompassmt.net Phone:
Consultant Information:
Company and Address: 431 1 st Ave W, Kalispell. MT 59901
Email: mbrodie@wqmqroup.com Phone
406-253-0544
406-756-4848
Eligibility Requirements: All of the following criteria must be met:
The project must be provided with adequate municipal water and sewer, solid waste disposal and the municipality
must review storm water plans.
All the mains necessary to serve the subdivision must be municipality owned, operated and maintained. Privately
owned mains or lift stations make the project ineligible for this exemption.
The municipality must be a 15t or 2nd class municipality as described in MCA 7-4-111 or covered under a growth
policy pursuant to Title 76, chapter 1.
The project must be one of the following (check applicable box):
1/ A new division subject to review under the Montana Subdivision and Platting Act, or
Previously divided parcels recorded with Sanitary Restrictions prior to July 1, 1973 or
Divisions or parcels of land that are exempt from Montana Subdivision and Platting Act review
under 76-3-203 or 76-3-207 (1) (a), (b), (d), (e), or (f)
Form continues on next page _�
Submittal Requirements: All of the following items must be submitted:
This form, signed by the property owner, and the municipalities' representative.
Copy of Preliminary Plat, COS, Amended Plat or Unit Declaration. The Plat, COS, Am Plat or Unit
Declaration must contain the exemption 76-4-125 (1)(d)(i), (ii) or (iii). If using item (iii), the Plat, COS, Am Plat
or Unit Declaration must also contain the appropriate Platting Act exemption.
Vicinity map showing project location.
Applicable zoning ordinances in effect V on file
Copy of growth policy, if applicable %/ on file
$120 processing fee
Certification:
I hereby certify that I am licensed to practice engineering in the State of Montana, I am employed directly or retained by the
municipality providing service and am authorized to sign on behalf of the municipality. In addition, I hereby certify that:
1. The existing water and wastewater systems are in compliance with the provisions of Title 75, chapters 5 and 6, and
2. The water and wastewater systems have adequate capacity to meet the needs of the project, and
3. The municipality has or will review plans to ensure adequate storm water drainage and adequate solid waste
disposal.
(Signature of Professional Engineer)
Montana P.E. Number �0
Send to: MTDEQ Subdivisions
PO Box 200901
Helena MT 59620-0901
8 •2,& -Z2-
(Date Signed)
••'� ONTAN'•.
DOUGLAS : ••
XEITH ■
■ HASKINS
' No.28672PE
all S % ,a PE Stamp
' S�CNAL •
Revised 3/1/2020
GUARANTEE
Issued by
Insured Titles
44 4th Street West/P- O- Box 188, Kalispell MT 59901
Title Officer Andrea Reum
Phone: (406)755-5028
FAX-- (406)755-3299
File No. 1057320-FT Cover Pa e
FS� PMERIfF
FirstAmerican Title"
Form 5010500 (7-1-14)
Guarantee Number: 501055-1057320
Guarantee Face Page
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
FirstAmeriean TitleTM
First American Title Insurance Company
1
oenris I Gi nwre. NeskWM
Greg L Srtrth. Secretary
This jacket was created electronically and constitutes an original document
File No. 1057320-FT Page 2 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
2.
2.
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.
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
DEFINITION OF TERMS.
The following terms when used in the Guarantee mean:
(a) the "Assured": the parry 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.
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. 1057320-FT Page 3 of 8 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 parry,
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.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY.
In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or
to Purchase the Indebtedness.
The Company shall have the option to pay or settle or
compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the
coverage of this Guarantee, or to pay the full amount of
this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the
indebtedness secured by said mortgage or said lien for
the amount owing thereon, together with any costs,
reasonable attorneys' fees and expenses incurred by the
Assured claimant which were authorized by the Company
up to the time of purchase.
Such purchase, payment or tender of payment of the full
amount of the Guarantee shall terminate all liability of
the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the
Company offers to purchase said indebtedness, the
owner of such indebtedness shall transfer and assign said
indebtedness, together with any collateral security, to the
Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided
for in Paragraph (a) the Company's obligation to the
Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4, and the Guarantee shall be surrendered to
the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the
name of an Assured claimant any claim assured against
under this Guarantee, together with any costs, attorneys'
fees and expenses incurred by the Assured claimant
which were authorized by the Company up to the time of
payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided
for in Paragraph (b) the Company's obligation to the
Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosection of any litigation for
which the Company has exercised its options under
Paragraph 4.
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
File No. 1057320-FT Page 4 of 8 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.
B. 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. 1057320-FT Page 5 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
A w E R, Subdivision Guarantee
*} 7 f I tAmerican Title ISSUED BY
7;F �60 First American Title Insurance Company
GUARANTEE NUMBER
Guarantee 5010500-1057320-FT
Subdivision or Proposed Subdivision: Spring Creek Park Phase 1A
Order No.: 1057320-FT
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:
WGM Group
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 Being A Portion Of Tract 1 Of Certificate Of Survey No. 20588, On File And Of
Record In Flathead County, Montana, Located In The Northwest One Quarter Of Section 11,
Township 28 North, Range 22 West, Principal Meridian, Montana, City Of Kalispell, County Of
Flathead, Montana; More Particularly Described As Follows:
Beginning At The Center Of Said Section 11; Thence
N87001'12"W, Along The Mid -Section Line Of Said Section 11, 981.94 Feet; Thence
Along The East And Northeasterly Boundary Lines Of Tract 2 Of Said Certificate Of Survey No.
20588 The Following Three Courses:
1) N02058'29" E, 25.00 Feet;
2) N3104649"W, 333.21 Feet;
3) N49044'07"W, 391.01 Feet; Thence
N00028'06"W, 651.87 Feet; Thence
N89035'56"E, 86.97 Feet, Thence
N10014'58"E, 130.55 Feet; Thence
S86047'38"E, 124.60 Feet To The Southwest Corner Of The Plat Of Spring Creek Estates 1,
On File And Of Record In Flathead County; Thence Continuing
S86047'38"E, Along The South Perimeter Boundary Line Of Said Spring Creek Estates 1,
1313.34 Feet To The Northwest Corner Of The Plat Of Aspen Knoll Subdivision 1, On File And
Of Record In Flathead County; Thence
S04016'20"W, Along The West Perimeter Boundary Line Of Said Plat Of Aspen Knoll
Subdivision 1, 1316.14 Feet To The Point Of Beginning.
TO BE KNOWN AND DESIGNATED AS SPRING CREEK PARK PHASE 1A.
File No. 1057320-FT Page 6 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
(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:
GKM Associates, LLC
(B) Parties holding liens or encumbrances on the title to said lands are:
NONE
(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.
2022 taxes and special assessments are an accruing 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 First Half / Status Second Half / Status Parcel Number Covers
2021 $1672.59 PAID $1672.60 PAID 0015289 Subject Land
and Other
Property
3. Terms and conditions contained in Deed to Flathead County, recorded March 6, 1939 in Book 233,
Page 638.
4. Easement for Transmission Line (B.P.A.) granted to United States of America, recorded October 16,
1951 in Book 330, Page 119.
5. Terms and conditions contained in Deed to Flathead County, recorded August 28, 1957 in Book 404,
Page 315.
6. Easement for Transmission Line (B.P.A.) granted to United States of America, recorded May 12, 1967
in Book 489, Page 241.
7. Easement for a natural gas pipeline granted to Northwestern Corporation d/b/a Northwestern Energy,
recorded January 22, 2007 as Doc. No. 2007-022-08080.
8. Easement for a water line granted to the City of Kalispell, recorded February 12, 2007 as Doc. No.
2007-043-13220.
9. Easement for a down guy and anchor granted to Flathead Electric Cooperative, Inc., recorded April 5,
2007 as Doc. No. 2007-095-09420.
File No. 1057320-FT Page 7 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
10. Easement for a down guy and anchor granted to Flathead Electric Cooperative, Inc., recorded April
18, 2007 as Doc. No. 2007-108-10090.
11. Easement for a down guy and anchor granted to Flathead Electric Cooperative, Inc., recorded April
18, 2007 as Doc. No. 2007-108-10100.
12. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which
may exist by reason thereof, disclosed by Record of Survey No. 20588 recorded July 10, 2017, as
Doc. No. 2017-000-14152, 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).
13. Easement for a sewer line, along with a temporary construction permit granted to the City of
Kalispell, recorded September 11, 2017 as Doc. No. 2017-000-22626.
14. Resolution No. 5869 by the City of Kalispell for annexation into City Limits, recorded May 9, 2018, as
Doc. No. 2018-000-09138.
15. Ordinance No. 1808 by the City of Kalispell for a Zoning change with PUD overlay, recorded June 14,
2018, as Doc. No. 2018-000-11934.
16. Public right and easements for commerce, recreation, navigation and fishery.
17. Right-of-way or easement of Two Mile Drive.
18. Ordinance No. 1873 to create the Spring Creek Park PUD filed May 12, 2022, as Doc. No. 2022-000-
12307.
Date of Guarantee: July 12, 2022 at 7:30 A.M.
Insured Titles
By:
Authorized Countersignature
File No. 1057320-FT Page 8 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
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Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: WGM Group
FOR: GKM Associates LLC DATE: 8/9/2022
DESCP : Spring Creek Park Phase 1A PURPOSE: Subdivision
11-28-22
YEARS ASSESSOR #
2019 thru 2021 0015289
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.
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