The URL can be used to link to this page

Staff Report/Final Platri-Cityink Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT: Final Plat Approval for Bitterroot Heights MEETING DATE; December 16, 2002 BACKGROUND: This is the final plat for Bitterroot Heights, a one lot subdivision that creates one lot containing 7.56 acres. This lot is actually the future Phase III of Northview Heights Subdivision (The Island). The property is located on the north side of Three Mile Drive, south of Meadowland Subdivision and west of Garland Street. This lot is being created to segregate it from the other approximately 25 acre parcel for mortgage and lending purposes. The preliminary plat for this one lot subdivision was waived subject to three conditions on September 6, 2002 because it meets the criteria in the Kalispell Subdivision Regulations for preliminary plat waiver as outlined in Section 2.06. See attached letter. Findings of fact for approval of the plat are found in attached staff report KWP-02-3 which review the conditions of approval and a how they have been met. RECOMMENDATION: Adoption of the staff report KWP-02-3 as findings of fact and approval of the final plat would be in order. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Cris A. Kukufski Senior Planner City Manager Report compiled: December 11, 2002 c: Theresa White, Kalispell City Clerk attachments: Transmittal letter and application Staff report KWP-02-3 Plats Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • ri-Cityi g Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 December 11, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval for Bitterroot Heights Dear Chris: Our office has received an application from Thomas Dean and Hoskins for final plat approval of a one lot subdivision which will be the future phase 3 of Northview Heights subdivision. The property contains approximately 7.56 acres and is being segregated from the 25 acre parcel intended for the development of Northview Heights subdivision for mortgage and lending purposes. The creation of this lot includes an area that is outside of the proposed subdivision boundaries that would be acquired by the State of Montana for construction of the Kalispell Bypass. The property can be described as Assessor's Tract 6 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Our office waived the preliminary plat on September 6, 2002 subject to three conditions because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Specifically, it can be found that the following conditions exist: 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or private parkland. 3. All lots have legal and physical access conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Public sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations. 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. The Kalispell City Council will need to adopt findings of fact for approval found in attached staff report KWP-02-3 concurrent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been met. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Final Plat for Bitterroot Heights December 11, 2002 Page 2 Condition No. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. ® This condition has been met. The lots in the subdivision comply with the preliminary plat that was waived. Condition No. 2. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality. ® This condition has been met. MDEQ letter dated 10/24/02 approving the subdivision has been submitted with the final plat. Condition No. 3. This waiver of preliminary plat approval is valid for three years and shall expire on September 6, 2005. ® This condition has been met. The final plat was submitted prior to expiration of the waiver. The final plat is in substantial compliance with the preliminary plat which was reviewed and approved. This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. CK•7i1i;��M1t��i.'i��i:1�Y�•��i�[•'i.i5Le1�►rlc4�t•�� This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the R-3, Urban Residential zoning designation assigned to the property. ICIOX616MV4• All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-02-3 as findings of fact and approve the final plat for Bitterroot Heights. 2 Final Plat for Bitterroot Heights December 11, 2002 Page 3 Please schedule this matter for the next regular city council of November 18, 2002. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, 36�4 '! Narda A. Wilson AICP Senior Planner NW/ Attachments: 1 opaque mylar 1 reproducible mylar 1 paper copy Staff Report KWP-02-3 Final plat application dated 12 / 13 / 02 Letter from TCPO for pre plat waiver dated 9 / 6 / 02 DEQ approval #E.Q. #03-1567 dated 10/24/02 Title Report from Sterling Title dated 11 / 11 / 02 Consent to plat from Glacier Bank dated 10/31/02 Consent to plat from First Citizens Bank dated 10/30/02 Treasurers Certification dated 11/ 13/02 Location Map C: M. Fraser, TD8,H, 690, N. Meridian Rd., Kalispell, MT 59901 Northview Heights, M 8v M Hensley, 690 N. Meridian Rd., Kalispell, MT Theresa White, Kalispell City Clerk H: \REPORTS \KALISPELL\02 \KWP-03LTR. DOC 3 BITTERROOT HEIGHTS TRI-CITY PLANNING OFFICE STAFF REPORT KWP-02-3 REVIEW AND FINDINGS OF FACT December 11, 2002 A report to the Kalispell City Council for findings of fact for a four lot residential subdivision. Preliminary plat approval for this minor subdivision was waived on September 6, 2002 subject to three conditions and compliance with the Kalispell City Subdivision Regulations. BACKGROUND: This is a one lot residential subdivision which segregates future Phase 3 of Northview Heights Subdivision for mortgage and lending purposes. The property is currently undeveloped. A. Applicant: Northview Heights, LLC M & M Hensley 690 N. Meridian Rd. Kalispell, MT (406) 752-2881 Technical Assistance: TD&H 690 N. Meridian Rd. Kalispell, MT 59901 (406) 752-5246 B. Location: The property is located on the north side of Three Mile Drive south of Meadowland subdivision and east of Garland Street. The lot contain approximately 7.56 acres. The property can be described as Assessor's Tract 6 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Size: 7.56 acres D. Existing and Adjacent Land Uses: This currently an undeveloped portion of the Northview Heights subdivsion. To the east is a single family dwelling on a large parcel. To the south is another single family dwelling. E. Zoning: The property was annexed into the city with the preliminary plat review of Northview Heights in June of 2002 and was given a zoning designation of R-3, Urban Residential. This is a zoning district intended for single family homes and has a minimum lot size requirement of 7,000 square feet. F. Relation to Master Plan Map: The property is designated as Suburban Residential on the former Kalispell City -County Master Plan Map and the associated R-3 zoning is consistent with that land use designation. G. Utilities: Sewer: City of Kalispell Water: City of Kalispell Electricity: Flathead Electric Coop Telephone: CenturyTel School: West Valley School District Police: City of Kalispell Fire Protection: City of Kalispell � � r This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected the significantly impact the service provided by the district. . Vegetation and topography: The site does not have significant native vegetation which has been replaced with crops and grass and has historically been used for agricultural purposes. B. Effects on Wildlife and Wildlife Habitat: The proposed subdivision is not mapped big game habitat winter range and does not appear to provide habitat to significant wildlife other than some birds and small animals. Canadian geese and deer may frequent the site. C. Effects on the Natural Environment: This area will be served by public water and sewer. No impacts on the natural environment appear to be related to the subdivision of this property and there is not surface water in the area. D. Effects on Local Services: Sewer: This area is served by City of Kalispell. No significant impacts to the sewer services can be anticipated as a result of this subdivision. Water: The City of Kalispell will provide water service to the property. No significant impacts to water services as a result of the creation this subdivision. Roads: Access to the site is provided directly from and Three Mile Drive and the newly created road, North Riding Road extension. Improvements to the roadway are anticipated to be needed and are addressed with the filing of the final plat for Northview Heights Phase I. Schools: This property is within the boundaries of West Valley School District. Impacts are anticipated with the development of Phase 3 and as reviewed under Northview Heights Subdivision preliminary plat (The Island). Parks: Parkland dedication is not required for minor subdivisions. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Refuse disposal can be provided by the City of Kalispell. The proposed subdivision is not expected to impact the landfill. Medical Services: Emergency medical service is provided by the Kalispell Regional Hospital; Ambulance and Life Flight services are also available. E. Effects on Agriculture: This is within an urbanizing area of Kalispell which has continued to grow. This subdivision will not have an impact on agriculture in the Valley. G. Compliance with the Kalispell Subdivision Regulations This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.06 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (S) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there is no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental wildlife and wildlife habitat and the public health and safety. Staff recommends that the Kalispell City Council adopt Staff Report KWP-02-3 as findings -of -fact for the proposed subdivision and approve the final plat for Bitterroot Heights. M, R E P O RTS\2002\KALS P E L L\K W P 02-2 Tri-City PlanningOffice 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net September 6, 2002 Michael W. Fraser, P.E. Thomas, Dean & Hoskins 690 North Meridian Rd., Suite 101 Kalispell, MT 59901 Re: Waiver of Preliminary Plat Approval - Northview Heights Subdivision Dear Mike: This letter is in response to your request for waiver of preliminary plat approval for a one lot subdivision designated as Phase 3 of Northview Heights Subdivision owned by J & F Construction. The property is located approximately one half mile west of North Meridian Road on the north side of Three Mile Drive. The proposed lot would be approximately seven acres in size and is located near the southwest corner of the - proposed subdivision. The creation of this lot includes an area that is outside of the proposed subdivision boundaries that would be acquired by the State of Montana for construction of the Kalispell Bypass. The property can be described as Assessor's Tract 6 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under Section 2.06 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. Due to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval subject to the following conditions: That the final plat is in substantial compliance with the preliminary plat that was waived which would include Phase 3 of Northview Subdivision (approved as The Island Subdivision) and the adjoining area to the west to be acquired as part of the Kalispell Bypass. 2. That access be taken off of the proposed extension of North Riding Road and that no new access be developed off of West Reserve Drive other than the extension of North Riding Road. Providing Community Planning Assistance To: • City of Columbia Falls 9 City of Kalispell • City of Whitefish • Waiver of Preliminary Plat Northview Subdivision September 6, 2002 Page 2 3. That this property be developed in accordance with the approved preliminary plat for Northview Subdivision (The Island Subdivision) unless otherwise reviewed and approved through the appropriate process. 4. A certificate of subdivision plat approval be obtained from the Montana Department of Environmental Quality. 5. This waiver of preliminary plat approval is valid for three years and will expire on September 6, 2005. Waiver of preliminary plat approval does not constitute approval of the subdivision. 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 call Narda Wilson, Senior Planner, at this office. Sincerely, Thomas R. Jentz Planning Director LETTERS \ WAIVEPP\ 02 \JFCONST.DOC Thomas, Dean & Hoskins, Inc. �! F-W-% _D Uy.0 Engineering Consultants I I November 13, 2002 Tom Jentz Director (Project Planner) Tri-City Planning Office Ford Bldg, 17-2nd St. E., Ste 211 Kalispell, MT 59901 Re: Bitterroot Heights Subdivision Dear Tom: Attached is the Final Plat of Bitterroot Heights Subdivision, along with the following supplemental materials: ® Signed application form ® $475.00 application fee (one -lot subdivision with waiver of preliminary plat) ® Title report ® Approval letter from DEQ (Municipal Facilities Exclusion) ® Signed consents from Glacier Bank and First Citizen's Bank ® Certification from the Treasurer that property taxes are paid Feel free to call me or Mike if you have questions or require additional materials. Sincerely, THOMAS, DEAN & HOSKINS, INC. Richard J. Swan, P.L.S. V RJS: mw K02-010-006 NOV 1 r�, �2 Encl: Referenced Above TRI-CITY PLANNING OFFICE JA2002\K02-010\K02-010-006 Northview Hgts - Bitterroot Heights 1Lot Subd\word\nov12.02.jentz.plat.ltr.doc 690 North Meridian, Suite 101 • Kalispell, MT 59901 • (406) 752-5246 • FAX (406) 752-5230 Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project Name: Bitterroot Heights Subdivision Contact Person: Owner 8v Mailing Address: Northview Heights, LLC and Name: Mike Fraser - Thomas,.Dean & Hoskins Inc. Mark L. & Michelle Hensley Address: 690 N. Meridian, Suite 101 690 N. Meridian, Suite 201 Kalispell, MT 59901 _ Kalispell, MT 59901 Phone No.: (406) 752-5246 (406) 752-2881 Date of Preliminary Plat Approval: Waived -September 6, 2002 Type of Subdivision: Residential X Industrial Commercial PUD Other No. of Lots Proposed 1 Parkland (acres) Land in Project (ac.) 7.56 Cash -in -Lieu $ Exempt X FILLING FEE ATTACHED $ 475,00 Minor Subdivision with approved preliminary plat $300 + $25/lot Major Subdivision with approved preliminary plat $500 + $25/lot Subdivisions with Waiver of Preliminary Plat $450 + $25/lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (MUST CHECK ONE) Eli X Health Department Certification (Original) NOV 13 2002 X Title Report (Original, not more than 90 days old) TRI_CITY PLANNING OFFICE _X_ Tax Certification (Property taxes must be paid)l) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) _ X Parkland Cash -in -Lieu (Check attached) �X._- Maintenance Agreement X Plats: 1 opaque OR 2 Mylars 1 Mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned The plat must be signed by all owners of record, the surveyor and examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. "NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. AJJ t"'�0111A i Owne(s) Signature !Z - //-oZ- Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: l . Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system As approved by the TCPB on 12/ 19/01 Effective 1 / 1 / 02 E Montana Department of JEANVMONMFMAL Q Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us October 24, 2002 Thomas Dean & Hoskins Inc Richard J Swan PLS U F D 690 North Meridian SuitT#�QA;; lLst 9i,,.t r.-�?! w:��►�S Kalispell MT 59901-------- 0 C T 2002 Job 1v0. -- Dear Mr Swan: RE: Bitterroot Heights Subdivision Municipal Facilities Exclusion EQ#03-1567 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-124, MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Water Protection Bureau, Kalispell Office for their review. Sincerely, anet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 —email jskaarland@state.mt.us cc: City Engineer, City of Kalispell County Sanitarian file Centralized Services Division . Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division CONSENT TO PLATTING Pursuant to Section 76-3-612, Montana Code Annotated, 1979, the undersigned, acting on behalf of Glacier Bank, being an owner of interest in the property to be subdivided as: BITTERROOT HEIGHTS SUBDIVISION do hereby consent to the platting of said subdivision. Glacier Bank CERTIFICATE OF NOTARY State of '1n6 lLfZu2(,1L ) County of l at ) ss: On this 1, 1-day of 66-to 116LI 2002, before me the undersigned, a Notary Public for the State of ersonally appearedi"n j VIA N (d p() ,,,xGt own to me to be the person(s) whose names are affixed to the Consent to Platting and acknowledged to 1)71, me that they executed the same. 40�oo`�N1FER fir'®d, `rn Notary Public for the State of Gc� �•;•�j �' `,`= Residing at _ ''%,�pF ••Q�O\�.� My Commission Expires 1I ti V V �' L V' LVUL T 1 T T I III CONSENT TO PLATTING Pursuant to Section 76»3-612, Montana Code Annotated, 1979, the undersigned, aotiug on behalf of First Citizens Bank, NA, being an owner of interest in the propexty to be subdivided as: BITTERROOT REIGN'S SUBJDMSXON do hereby consent to the platting of said subdivision, First Citizens Bank, NA By wit V, /? State of-~�lC'1 t ) County of i L C ) > ss: On this day of ()�'� (i1 2002, bef'oxe Me the undersigned, P Notary Public for the State of,�7'71�,t1 f 'LZ � , personally appeared C` 2fi 1�:5 L • 11 �'/�_ known to me to be the persou(s) whose names are affixed to the Consent to Platting and acknowledged to me that they executed the saute. QEN A. &i.. Notary Public for theate oF��; UP-0-40 R�qZ� SEAX- OF Residing at 5 l( My Commission tooitoo rA Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only E3Y: �LH FOR: N�Yi ��J 1A10 � V�er,� f�� AC hts LDATE q'f —2b—D2- DESCf jjTT r' i- �F PURPOSE TR Le i0 I-?$-02 ) YEARS 1 993 THRUC 1 t�� r_A1�1= ASSESSORJJL (J) 1'} 6- �)' < :x (') 1 hereby certify that there 'ire no 0utstandint3 ta><es ()rl the pwpl,rty assigned the assessor nurnbers listed above, for the yeiirs irrrii(,iwd for each assessor number. ------------------- Deputy Q Deputy Treasurer (seal) Nov 13 2002 3 t --7 31 - AM 2 3 24 35 1 3F 45 26 ' 4 23 4 a 22� 5 2 l 37 44 25 5 1 21 6 ,F i� 24 6 -. 7 43 RAJ-- 7 12 . 2 19 � *2 1s 23 11 3 7 t 1 i 17 t i3 #1 22 2` 9 r Ifs 8 14 21 1 3 S 6 5' 1 15 16 24 �WESUB 4 7 14 9 10 1 11 d I - L6 9.7 5 t 12 1 17 2 6€ 31 r 3 3R 4 i3 2B 41 12 5Aa 3 � # StA 1 - 24 2z 1 ' 1 5AG# 4C 4A 4 11 12 -.31 2a 41 10 3 1SL AWa (r V�� ti ADD j 16 ud , 2 3f 4 . �'1A7it RaFy 5 1147 A 1111U-EYVIE# USERTY VXLAGE APEN as 1 3 p, 4 t THOMAS, DEAN AND KRDS MAjOR PRELIMINARY PLAT RESIDENTIALs ! R�3, URBAN SINGLE FAMILY RESIDENTIAL CITY OF ■ P# s FILE ■ - + r I 6 5 4 3 2T� ► _ _K I 11 10 U4 T� -4 plat is provided soleiy for the purpose of assisting in locating the land, 12 9 and the Company assumes no liability f0i, L 7 1 1 Cu ; variations, if any, with actual survey," AM BLK 14 Citizen's Title & Escrow Company 1 2 3 4� 6 IL Of' q I 1CA 1 1tl 8 B 13 B K 1; 7 6 1 CA+ i 1 2. 3 5 5 1 C I 6 5 4a i I BLK 31 4 I 2 j 10 9 8 i 11 1 7 32 30 29 28 27 1 _ - 12 L 31 3 T� 33 AM 2 1 2 3 4 f 1 34 46 3 24 u' 4 23 4 , 35 3 45 ! 26 _ 5 22 J r=�r 25 2 38 24 37 4 6s 2 fi T 1- N, 43 RAMS qG 7 12 2 6 J 4 39 42 23 --� 11 3 11 5 O 40 1 10 4 7 Apo 41 22 �P 9 13 2 8 6- 1, _ G 21 15 RESUB 16 h: 20 L.6 V 5 2 9 10 11 12 17 �J 1 2 3-1- 6E To 6f, K.Nojij As BT I-- E k{ (R o o t` f { I �{ -r -5 5F1D f — 613 6 6A 5AA PARK 5AH 5AF 5AG 5AJ 5A GUARANTEE S� AMER, FirstAmerican Title Insurance Company H329551 Form No. 1282 (Rev. 12/15/95) FILE NO.: CT-72022 CT-72022 H 329551 1st Amendment FEE: $125.00 SUBDIVISION OR PROPOSED SUBDIVISION: Bitterroot Heights Subdivision 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: Thomas, Dean & Hoskins, Inc. Engineering Consultants FOR THE PURPOSE 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 as follows: A tract of land located in the Southeast Quarter of the Southwest Quarter of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, being more particularly described as follows. Commencing at the Southwest corner of that certain tract of land described in the Grant Deed recorded as Doc. No. 1998-212-11550, records of Flathead County, and the Point of Beginning; thence North 89°48'29" East along the South boundary of said tract, a distance of 568.54 feet to the Southeast corner of said tract; thence North 05`26'48" East along the East boundary of said tract, a distance of 291.73 feet to the Northeast corner of said tract; thence South 87`27'47" East a distance of 40.78 feet; thence South 82°43'30" East a distance of 94.59 feet; thence South 15°23'45" West a distance of 123.55 feet; thence South 04`14'52" West a distance of 313.02 feet; thence South 04°16'13" West a distance of 173.48 feet to the Northeast corner of that certain tract of land described in the Warranty Deed, recorded as Doc. No. 91-288-13360, records of Flathead County; thence South 89°34'12" West along the North boundary of said tract and its extension thereof, a distance of 210.00 feet to the Northwest corner of that certain tract of land described in the Warranty Deed recorded in Book 493, Page 392, records of Flathead County; thence South 04°19'12" West along the West boundary of said tract, a distance of 160.00 feet to the Southwest corner of said tract, said corner being on the North right-of-way of a County Road known as Three Mile Drive; thence South 89'34'12" West along said right-of-way, a distance of 447.64 feet; thence North 00°54'29" East a distance of 490.29 feet to the Point of Beginning. Continued... FILE NO.: CT-72022 PAGE 2 H 329551 THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS: Bitterroot Heights Subdivision (1) 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 dedication by said Plat are: Northview Heights, LLC and Mark L. Hensley and Michelle Hensley AND First Citizens Bank, NA and Glacier Bank. (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special city and county taxes for the year 2002, a lien now payable. NOTE: We are unable to determine the exact status of taxes until such time as the Flathead County Treasurer's Office has processed the latest tax payments. NOTE: General and special county and city taxes for the year 2001 and all prior years have been paid in full. 2. Deed of Trust dated July 8, 2002, to secure an indebtedness in the principal sum of AMOUNT $100,000.00, and any other amounts and/or obligations secured thereby RECORDED July 9, 2002, as Doc. No. 2002-190-14520, records of Flathead County, Montana. GRANTOR Mark L. Hensley and Michelle Hensley and Northview Heights, LLC TRUSTEE First Citizens Bank of Billings BENEFICIARY: First Citizens Bank, NA Continued... FILE NO.: CT-72022 PAGE 3 H 329551 3. Deed of Trust dated September 9, 2002, to secure an indebtedness in the principal sum of AMOUNT $403,356.00, and any other amounts and/or obligations secured thereby. RECORDED September 19, 2002, as Doc. No. 2002-262-11020, records of Flathead County, Montana. GRANTOR Northview Heights LLC TRUSTEE Citizen's Title and Escrow Co. Inc. BENEFICIARY: Glacier Bank AFFECTS : Premises and other property 4. Any loss or claim resuting by virtue of the fact that two of the vestees herein did not execute the Deed of Trust shown as No. 3 above. (3) Easements, claims of easements and restrictions agreement of record are: 1. Easement for ingress and egress, the installation of any utilities, utility lines, pipelines, or other means of transporting or conducting utilities, just as if the easement were a public way, granted to Robert S. Keller and Susan B. Keller, recorded November 20, 1969, in Book 509, Page 722, as Doc. No. 7841, records of Flathead County, Montana. 2. Easement 20 feet in width for ingress, egress and utility purposes granted to Dewey D. Coursey and Sharon A. Coursey, recorded June 29, 1993, as Doc. No. 93-180-12040, records of Flathead County, Montana. 3. Easement for an existing Gravel Road on Certificate of Survey No. 11421, records of Flathead County, Montana. 4. Terms and conditions of Resolution No. 4690 regarding zoning, recorded April 3, 2002, as Doc. No. 2002-093-10450, records of Flathead County, Montana. 5. The effects of Certificate of Public Works Director contained on the unrecorded Plat of Bitterroot Heights Subdivision. Continued... FILE NO.: CT-72022 PAGE 4 H 329551 6. The above described property is located within and subject to the jurisdiction of the West Valley District. DATED: November 1, 2002 at 8:00 A.M. STATE OF MONTANA, COUNTY OF Flathead On this 11th day of November, 200 , before me, a notary public in and for said State, personally appeared la De baOal� instument, and acknowledged to me that Gjh executed the same SubscJ40 rn to before me this day ofX0% 2002 . Notary Public fQr State of Montana Residing at My Commission Expires THE END City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 December 17, 2002 Northview Heights, LLC M & M Hensley 690 N. Meridian Road Kalispell, MT 59901 Re: Final Plat - Bitterroot Heights Dear Sirs: I am pleased to inform you that the Kalispell City Council approved the Final Plat for Bitterroot Heights at its regular meeting last evening. I am enclosing a copy of Resolution 4766 for your records. If you need additional information, please don't hesitate to contact me. Sincerely, Theresa White City Clerk cc: Michael Fraser, TD&H, 690 N. Meridian Road, Kalispell, MT 59901 Narda Wilson, TCP0, 17 2nd Street East, Suite 211, Kalispell, MT 59901