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Staff Report/Final PlatFlathead egio al Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 April 23, 1998 Clarence Krepps, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Buffalo Square Subdivision Dear Clarence: Our office has received an application from Sands Surveying on behalf of Penco of Montana, Inc. for final plat approval of Buffalo Square. As you may recall, this subdivision replatted 48 townhouse lots into 24 single family lots in Buffalo Stage Phase I. This subdivision contains approximately 5.852 acres and is located on the west side of Whitefish Stage Road, south of Edgerton School. Preliminary plat approval was granted by the Kalispell City Council on November 3, 1997 subject to five conditions. The following is a list of the conditions of approval and a discussion of how they have been met. Condition No. 1. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots, easements and roadways. This condition has been met. The development is in substantial compliance with the approved preliminary plat. Condition No. 2. That all water and sewer service plans and specifications shall be reviewed and approved by the Department of Environmental Quality and the Kalispell Public Works Department. • This condition has been met. A letter from MDEQ dated March 15, 1998 has been submitted with the final plat stating that the subdivision is approved under the master plan exemption. Water and sewer has been extended to the subdivision and received approval by the public works department during their installation. Condition No. 3. That a letter from the Kalispell fire chief approving the location and placement of the fire hydrants within the subdivision shall be submitted with the final plat. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish - Final Plat for Buffalo Square April23, 1998 Page 2 • This condition has been met. A letter from the Kalispell fire chief dated February 3, 1998 approving the fire hydrant placement and location has been submitted with the final plat application. Condition No. 4. That the subdivision be renamed Buffalo Square. This condition has been met. The final plat has been named `Buffalo Square." Condition No. 5. That preliminary plat approval shall be valid for a period of three years from the date of approval. • This condition has been met. The final plat has been submitted prior the November 3, 2000 expiration date. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This property is zoned RA-1 which requires a minimum lot width of 60 feet. Lots 15 through 18 which are located on the cul-de-sac are below that minimum requirement. The Kalispell Board of Adjustment granted a variance to the minimum lot width requirements of the RA-1 zoning district for these lots on October 7, 1998. The subdivision is in compliance with the RA-1 zoning regulations. RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately met The staff of the Flathead Regional Development Office recommends that the Kalispell City Council approve the final plat for Buffalo Square Please schedule this matter for the regular City Council meeting of May 4, 1998. Sincerely, Narda A. Wilson, AICP Senior Planner NW/ Final Plat for Buffalo Square April23, 1998 Page 3 Attachments: 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Final plat application dated 4/ 14/98 Letter from MDEQ dated 3/ 15/98 Letter from fire chief dated 2 / 3 / 98 Title report from First Am Title dated 3/20/98 Consent to Plat from Pennington Treasurers Certification dated 3/20/98 c: Sands Surveying, 1995 Third Avenue East, Kalispell, MT 59901 Kent Green, Penco of MT, 441 W. Plumb Lane, Reno, NV 89509 Theresa White, Kalispell City Clerk H: \... \KFP98-3 • • • • • • FLATHEAD REGIONAL DEVELOPMENT OFFICE REPORTSTAFF MAY 4, ... A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding the annexation and initial zoning of Buffalo Stage Phase III. A hearing has been scheduled before the Kalispell City -County Planning Board for May 12, 1998 beginning at 7:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. Z011V I r • • This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. Buffalo Stage Phase III was granted final plat approval by the County Commissioners on May 1, 1998 with all remaining improvements to be completed by June 15, 1998. The plat requires annexation when 50 percent of the lots within the subdivision are sold, however, the developer is requesting early annexation so that all of the lots will receive City services initially. The Buffalo Stage Phase III properties will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A. A. Petitioner and Owners: Buffalo Chip Partners 157 N. Meridian, # 109 Kalispell, MT 59901 (406)257-5533 B. Location and Legal Description of Property: The properties proposed for annexation are located west of Whitefish Stage Road approximately 1,000 feet. The properties can be described as Buffalo Stage Phase III, excluding the park and buffer area located in Sections 31 and 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. C. E7dsting zoning: Currently this property is located in the County zoning jurisdiction and is zoned RA-1, a Residential Apartment zoning district. The minimum lot size requirement for this district is 7,500 square feet and 1,500 square feet additional for each dwelling unit in excess of two. All public services and facilities would be available in areas within this zoning designation. D. Proposed Zoning: An RA-1, Low Density Residential Apartment, City zoning designation is proposed for the residential lots within the subdivision. An R-5, Residential / Professional Office, City zoning is being proposed for Parcel A. This property has been approved under a County conditional use permit for four medical duplex offices, or eight office buildings. The owner of Parcel A plans on creating a commercial condominium subdivision after the property has been annexed. The proposed zoning will comply with the intended use of the properties as outlined in the covenants and with the plans for future development. 4. Will the requested zone promote the health and general welfare? This annexation will promote the general health and welfare of the community by providing orderly growth within the city, will contribute to the City's tax base and encourages growth within an established urban area where full public services and facilities are available. 5. Will the requested zone provide for adequate light and air? All of the properties will be required to comply with the development standards of the RA-1 and R-5 zoning districts which will dictate minimum lot size requirements, setbacks, building height and density which assures that there will be adequate light and air. 6. Will the requested zone prevent the overcrowding of land? The requested zoning designation is consistent with other zoning in the area and the type of development which would be anticipated under the master plan. The requested zone will prevent the overcrowding of land. 7. Will the requested zone avoid undue concentration of people? No significant increase in the population in the area will result under the proposed zoning. This area has been intended to provide for urban residential development and is in an area where public services and facilities are available to the residences in the area. This zone change will not create an undue concentration of people in the area. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Full public services, facilities and infrastructure are currently in place to accommodate the use(s) in the area. No significant impacts to these services can be anticipated as a result of this zoning proposal. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed zoning is consistent with the zoning in the surrounding area and the uses in the area. The proposed zoning is consistent with the master plan map designation and anticipated development. The requested zone gives appropriate consideration for the suitability of this area for the uses allowed under the RA-1 and R-5 zones. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is residential. Most of the uses currently in the area will continue to be developed residentially. The requested zone gives reasonable consideration to the character of the area. 3 Im"en Yachechak Suite II • The Montana Building ® 27 2nd St. E. Kalispell, MT 59901 (406)257-5533 Investment Advisor Real Estate, Business Planning Portfolio Management-stocksibonds Pension/Profit Sharing Plans Investment Strategy APPLICATION MAITEPIAL 4/2/98 Nada Wilson FRDO 723 5th Ave. Easr Kalispell, Mt. 59901 Re: Buffalo Stage Phase Ili Dear Narda, The partners of Buffalo Stage Phase III will waive the right to protest the annexation of the sub -division to the City of Kalispell. We are in fact requesting immediate annexation when final platting is complete. Please give me a call if I can provide additional information. Since ly, en Ya e ak General rtner RURAL FIREDISTRICT TO WHOM IT MAY CONCERN: THIS AGREEMENT, made and entered into this day of ,199 , by and between hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDER(S), OR CONTRACT SELLERS(S) ] and the CITY OF KALISPELL, Flathead County, Montana, hereinafter CITY, WITNESSETH: That for and in consideration of the sum of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions, conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, more particularly described on Exhibit "A" attached hereto and which, by this reference, is made a part hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. The PARTY(S) OF INTEREST further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described real property. This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this � day of 199F PARTY(S) OF INTEREST C CITY OF KALISPELL City Manager ATTEST: y ` A 11f-.s -.... f i. ' 5174 l 0 2 r� 7 m - - 75 3 _ Ij 46 T R-1 44 42 ,A - PAP m5c P 3 43 411 40 5 �.r {. 39 7AA Rl 4 1T --.' 2. 1 1 CS 5K f3_ r s 5 1 2 14 12T r1# 13 12 3UF LC 2 21 rF 22 23 • 0 21J 214 215 216 5 1 B 301 9 27 26 25 24 W'a �WWAs' A 5A r 25 60 PARK g 24 59 58 ; 57 56 54 53 52 a 50 pARX ,C, 51 i 1"3 >< /" 1t � 23 RtVER try 45 �E „ 2 39 47 36 37 38 40 41 42 43 46 R ME 12B 49 48 2 �� 35 44 26 VICINITY MAP BUFFALO CHIP PARTNERS ANNEXATION & INITIAL ZONING OF offi= RA-1, LOW DENSITY RESIDENTIAL APARTMENT, & R-5, RESIDENTIAL/PROFESSIONAL OFFICE, KALISPELL ZONING DISTRICT PLAT DATE:04/24/98 FILE # KA - 9 8 - 3 SCALE 1" = 40 0' H:\g3s\gite\KA98_3.dng DESCRIPTION OF BUFFALO STAGE PHASE III, Excepting PARK `A': A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 31 AND THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the southeast corner of LOT 75, of BUFFALO STAGE PHASE II, (records of Flathead County, Montana); Thence N0000310011W 156.77 feet to a found iron pin; Thence N3000712811E 62.57 feet to a found iron pin; Thence N0000311111E 142.03 feet to a found iron pin; Thence 57905014811E 91.42 feet to a set iron pin; Thence 58300810111E 90.64 feet to a set iron pin; Thence 58905711311E 513.90 feet to a set iron pin; Thence 55302810711E 60.00 feet to a set iron pin on a 100.00 foot radius curve, concave southeasterly (radial bearing 55302810711E); Thence southwesterly along said curve through a central angle of 36022/371/ an arc length of 63.49 feet to a set iron pin; Thence S0000911611W 29.89 feet to a set iron pin; Thence N 8905615211E 137.37 feet to a set iron pin on the westerly R/W of Whitefish Stage Road; Thence along said R/W 50004114311W 245.66 feet to a found iron pin; Thence 50001613911W 207.23 feet to a found iron pin; Thence 50000310911E 17.14 feet to a found iron pin; Thence 58905615211W 330.00 feet to a found iron pin; Thence N0000310811W 270.00 feet to a found iron pin; Thence 589056152/1W 556.92 feet to the point of beginning and containing 8.546 acres. Subject to and together with all appurtenant easements of record. KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING MAY 12, 1998 CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning AND ROLL CALL Board was called to order at 7:02 p.m. Board members present were Don Hines, Walter Bahr, Therese Hash, Milt Carlson, Don Garberg, Rob Heinecke, Joe Brenneman, Gregory Stevens, and Jean Johnson. The Flathead Regional Development Office was represented by Narda Wilson, Senior Planner, and Steve Kountz, Senior Planner. There were six (6) people in the audience. APPROVAL OF The minutes of the meeting of April 14, 1998 were approved as written NQNUT'ES on a motion by Bahr second by Johnson. BUFFALO STAGE The first public hearing was introduced on a request by Buffalo Chip PHASE III / Partners for initial zoning of Buffalo Stage Phase III upon annexation. ANNEXATION / The property is currently zoned County RA-1, Residential Apartment. FROM COUNTY The properties are located approximately 1000 feet west of Whitefish RA-1 TO CITY Stage Road, and can be described as Buffalo Stage Phase III, excluding RA-1 & R-5 the park and buffer area in Sections 31 and 32, Township 29 North, Range 21 West, P.M.M., Flathead County. A City zoning designation of RA-1, Low Density Residential Apartment is proposed for the residential lots in the subdivision and a City R-5, Residential / Professional Office is proposed for Parcel A. Staff Report Wilson presented an overview of report #KA-98-3, recommending approval of initial zoning for these properties upon annexation into the City, of RA-1 and R-5. Public Hearing The public hearing was opened to proponents. No one spoke either in favor or in opposition to the application. The public hearing was closed and opened to Board discussion. Board Discussion The Board talked about the pattern of development in the area which is tending towards single family residential, and noted that it be reflected in the master plan update, as the current designation is for high density residential. Edgerton School asked to be exempt from annexation, so is surrounded by City property. Kalispell City -County Planning Board Minutes of Meeting of May 12, 1998 Page 1 Of 5 Motion Carlson made the motion to adopt staff report #KA-98-3 as findings of fact, and recommend that City Council that the initial zoning on these properties be RA-1 and R-5 upon annexation. Bahr seconded. On a roll call vote, the motion carried 9-0 in favor. MOUNTAIN VIEW The next public hearing was introduced on a request by Lonny and MOBILE MANOR Bonnie Hanson for preliminary plat approval for a 14 space expansion of PRELIMINARY an existing manufactured home park, Mountain View Mobile Manor. PLAT The site is located east of LaSalle Road on the north side of East Cottonwood Drive in the Evergreen zoning district. The area proposed for expansion contains approximately 3.10 acres. The property is zoned R-5, Two Family Residential, can be described as Assessor's Tracts 2CF and 2CAD in Section 4, Township 28 North, Range 21 West, P.M.M., Flathead County. A conditional use permit is required and was granted by the Flathead County Board of Adjustment on April 9, 1998. Jean Johnson declared a conflict of interest, and stepped down from the Board on this matter. Staff Report Wilson gave a detailed presentation of report #FPP-98-4. The application was reviewed in accordance with the necessary criteria and 13 conditions of approval were recommended. Public Hearing The public hearing was opened to those in favor. In Favor Paul Stokes, engineer for the project representing the applicants, explained that the Hansons purchased this land adjacent to their existing mobile home park for the expansion. The looped road system creates a better access, and pointed out that the expansion would clean up the noxious weeds on the vacant lot area, which needs some work done. No one else spoke in favor. The public hearing was opened to opponents to the project. Opposition Jim Christensen, 123 E. Cottonwood Drive, was opposed to the density of trailers behind him. He would be in favor of 2-3 single family homes on permanent foundations, and people that live there that would keep the place up. The vacant lot has not been taken care and there are noxious weeds growing back there. Kalispell City -County Planning Board Minutes of Meeting of May 12, 1998 Page 2 of 5 Dan Ellsworth, E. Cottonwood Drive, had concerns about them taking care of this lot, because I've called the weed control for five years about the knapweed. The access on Cottonwood has no place for snow storage. The intersection to the south has too much traffic, now. There is a 25 mph speed limit, and the traffic speeds through on Cottonwood at 50 mph. There is never a traffic cop when you need one. You can't get onto the highway at that intersection. Brad Nauman, E. Cottonwood Drive, which borders the vacant lot, and I agree with what the others have said. The proposed road will be 15 feet from my house, and I don't want this amount of traffic going by my house. I would favor three or four houses on permanent foundations, that is a neighborhood, not a trailer court. If they want to hide a trailer court, find a wooded lot and stick it in there. Traffic is terrible. Sometimes you can't back out of your driveway. Property values next to that trailer court are going to go down. Garret Michel, 109 E. Cottonwood Drive, which adjoins this lot, approximately 13 feet from this proposed road. I am worried about people ending up in my yard or house, especially in the winter, with the way people drive. I don't see a need for another expansion of a trailer court. Jack Barrett has 80 empty spaces waiting to be filled. There being no other speakers in opposition, the public hearing was closed and opened to Board discussion. Board Discussion Paul Stokes was asked to address the concerns brought up about access onto the highway and the proposed access. The parcel of land in question has been a road easement for a number of years and the purpose was to put a road through. It is a 45 foot road easement, with plenty of room to put snow. As to the traffic, all the intersections on LaSalle are impacted by traffic congestion. Stevens wanted to know how the cash in lieu of parkland figure was derived at and felt it was too high. There was discussion on how appraisal values are derived, and it was noted that the applicant identified the estimated market value of the property at $65,340, which is higher than the figure of $45,000 used by staff to determine the calculation. There was further discussion on the traffic in the area and the mitigating conditions of approval. Kalispell City -County Planning Board Minutes of Meeting of May 12, 1998 Page 3 of 5 Motion Bahr moved to adopt staff report AFPP-98-4 as findings of fact and forward a favorable recommendation to the County Commissioners to approve the expansion of Mountain View Mobile Manor subject to the 13 conditions. Garberg seconded. On a roll call vote Heinecke, Carlson, Brenneman, Garberg, Stevens, Bahr, and Hines voted aye. Hash voted no. The motion carried 7-1 in favor. Johnson returned to his seat on the Board. NEW BUSINESS The Board reviewed the memo from staff regarding the work program for the year, and agreed the ongoing projects were a full plate. Staff offered to show her slide presentation on signs, and the Board agreed that would be beneficial information. Other topics for discussion were to ask staff to provide past research on impact fees, to consider affordable housing in the plan update, and a request for an overview of parliamentary procedures. It was suggested to have Susan Moyer give a presentation addressing the affordable housing issue on a meeting night with a short agenda. Master Plan Update Steve Kountz reported on the progress of the Kalispell Master Plan update. The Resource and Analysis document, mapping and survey is done. The second milestone is finishing the first round of meetings with the three committees in developing alternative plans. We are now looking at establishing a consensus committee for integrating the three plans into one. There are seven volunteers from the three committees. He asked that the planning board sit on the committee and invite city council and commissioners to be represented. He asked that the Board consider the make-up of the committee and set a meeting date for that committee. There was considerable discussion on the make up of the committee. Motion Brenneman made the motion to have the consensus committee be comprised of the seven volunteers, the nine planning board members, and invite the City Council and the County Commissioners to be represented, and to meet on the first Tuesday of the month. Bahr seconded. By acclamation vote eight members voted aye. Garberg voted nay. The motion carried 8-1. As a third item for discussion regarding the master plan update process, Carlson drafted a letter to the council and commissioners to request Kalispell City -County Planning Board Minutes of Meeting of May 12, 1998 Page 4 of 5 funding to hire a mediator, who is trained at bringing together different points of view, to facilitate the meetings. The Board agreed to make the request. Motion Garberg made the motion to send the letter as written to the City Council and the County Commissioners requesting funds to hire a facilitator. Brenneman seconded. By acclamation vote, all members voted aye. Under other new business, the June agenda is full. The Board agreed to start the meeting at 6:00 p.m. OLD BUSINESS There was no old business. ADJOURNMENT The meeting was adjourned at 9:15 p.m. Therese Fox Hash, President Elizabeth Ontko, Recording Secretary Kalispell City -County Planning Board Minutes of Meeting of May 12, 1998 Page 5 of 5 Flathead egi al Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 May 19, 1998 Clarence Krepps, City of Kalispell P.O. Box 1997 City Manager Kalispell, MT 59903 Phone: (406) 758-5980 Fax: (406) 758-5781 Re: Buffalo Stage Phase III Request for Annexation and Initial Zoning of RA-1 and R-5 Dear Clarence: The Kalispell City -County Planning Board met on May 12, 1998, and held a public hearing to consider a request by Buffalo Chip Partners for initial zoning of RA-1, Low Density Residential Apartment and R-5, Residential / Professional Office, upon annexation into the city. The property proposed for annexation contains approximately 8.5 acres, located approximately 1,000 feet west of Whitefish Stage Road. It is currently zoned County RA-1, Residential Apartment. It can be described as Buffalo Stage Phase III, excluding the park and buffer area. Narda Wilson of the Flathead Regional Development Office presented a staff report and recommended City RA-1 and R-5 zoning for this parcel upon annexation. No one spoke at the public hearing. A motion to adopt staff report #KA-98-3 as findings of fact and recommend approval of the proposed RA-1 and R-5 zoning upon annexation passed unanimously on a vote of nine in favor and none opposed. A recommendation for the proposed RA-1 and R-5 zoning upon annexation of this property is being forwarded to City Council for consideration at their regular meeting on June 1, 1998. Please contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely Kalispell City -County Planning Board Therese Fox -Hash President Providing Community Planning Assistance To: Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Buffalo Stage Ph. III, Annexation May 19, 1998 Page 2 TFH/NW/eo Attachments: FRDO Report #KA-98-3 w/ application materials Draft Minutes 5/ 12/98 Planning Board meeting Exhibit A (legal description) c w/o Att: Buffalo Chip Partners, 157 N. Meridian, #109, Kalispell, MT 59901 c w/ Att: Theresa White, Kalispell City Clerk H: \TRANSMIT\KAL\ 1998\KA98-3 DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING AND COMPLIANCE DIVISION MARC RACICOT, GOVERNOR STATE OF MONTANA (406)444-2479 March 15,1998 FAX (406)444-1374 Tom Cowan Carver Engineering 1995 Third Avenue East Kalispell, Montana 59901 METCALF BUILDING 1520 E SIXTH AVE rF-=� d 54 P.HD)ELENA, MONTANA 59 ; •: iff`'jj MAR 19 1998 RE: Buffalo Square Lots 1T - 12T Amended (Buffalo Stage Phase 3), 24 single-family lots Flathead County E.Q. No. 98-2080 Dear Mr. Cowan: This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with the Sanitation in Subdivisions Act, Title 76, Chapter 4, MCA 1995, and the administrative rules, ARM Title 17, Chapter 36, Sub -Chapters 1, 3, & 6. Under ARM Section 17.36.603, this subdivision is excluded from ARM Title 17, Chapter 36, Sub -Chapters 1 and 3, is not subject to sanitary restrictions, and can be filed with the county clerk and recorder. Since this subdivision is in a master planned area, and has fulfilled the requirements of the master plan exclusion, the plat can be filed. Please note, however, the requirements of the Public Water Supply Act, Title 75, Chapter 6, MCA. No construction of water supply or sewage disposal facilities can commence until the Department has approved plans for those facilities submitted under Title 75, Chapter 6, and ARM Title 17, Chapter 38, Sub -Chapter 4. Plans and specifications must be submitted when extensions of any system of water supply, water distribution, sewer, wastewater or sewage treatment or disposal is proposed. Construction prior to approval is prohibited, and is subject to the penalty prescribed in the Public Water Supply Act, Title 75, Chapter 6, Section 113, MCA. Where these plans have received approval from DEQ no further review is necessary. Where they have not received approval it is necessary to obtain approval prior to any construction. Sincerely, EjJL_" DENNIS MCKENNA, SUPERVISOR SUBDIVISION SECTION WATER PROTECTION BUREAU cc: City Engineer, City of Kalispell file "AN EQUAL OPPORTUNITY EMPLOYER" MEMORANDUM Date: February 3, 1998 To: Tom Cowan,Carver Engineering From: Ted Waggener,Fire Chief, City of Kalispell Re: Buffalo Square - Fire hydrant locations The Kalispell City Fire Department approves of the fire hydrant location placement for Buffalo Square Subdivision. FEB -4 1998 D Post Office Box 1997 • Kalispell, Montana 59903-1997 Telephone (406) 758-7700 • FAX (406) 758-7758 CONSENT TO ANNEX AGREEMENT AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT TO WHOM IT MAY CONCERN: THIS AGREEMENT, made and entered into this day of 199 , by and between hereinafter PARTY(S) OF INTEREST [ INCLUDES OWNER(S), LIENHOLDER(S), OR CONTRACT SELLERS(S) ] and the CITY OF KALISPELL, Flathead County, Montana, hereinafter CITY, WITNESSETH: That for and in consideration of the sum of One Dollar and/or other good and valuable consideration to us in hand paid, and certain promises, mutual terms, covenants, provisions, conditions and agreements, the receipt and sufficiency of which is hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby consent to, and hereby do waive any and all right to protest, which we may have or hereafter acquire in regard thereto, any attempt or proceedings made or to be made by or with the consent of the City of Kalispell, Montana, to annex to and make a part of said City of Kalispell, more particularly described on Exhibit "A" attached hereto and which, by this reference, is made a part hereof. The PARTY(S) OF INTEREST do(es) further herein express an intent to have the property as herein described withdrawn from the Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Consent to Annex Agreement is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. The PARTY(S) OF INTEREST further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described real property. This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the City of Kalispell sewer system. IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this _� day of C° P a 199F PARTY(S) OF INTEREST a�' Qc�ryn CITY OF KALISPELL City Manager ATTEST: Finance Director STATE OF MONTANA ) ss County of Flathead On this day of , 199 , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same. IN WITNNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. STATE OF MONTANA ) ss County of Flathead ) Notary Public, State of Montana Residing at My Commission expires On this day of 199 , before me, the undersigned, a Notary Public for the State of Montana personally appeared and the and respectively, of _ _ the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. STATE OF MONTANA ) ss County of Flathead Notary Public, State of Montana Residing at My Commission expires On this day of , 199 , before me, a Notary Public in and for the State of Montana, personally appeared CLARENCE W. KREPPS arid- AMY H. ROERTSON, known to me to be the City Manager and Finance Director of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager and Finance Director respectively subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposed therein setforth, and that they were duly authorized to executethe same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at My Commission expires F.R.D.O. CITY/COUNTY FINAL PLAT APPLICATION Subdivision Name: PLAT OF BUFFALO SQ Contact Person: Name: THOMAS E. SANDS Address: 1995 3RD AVENUE EAST KALISPELL, MT 59901 Phone No.: 406-755-6481 APPLICATION MATERIAL APR 14 1998 Owner: F. R., D. 0. PENCO OF MONTANA, INC. ATTN: KENT GREEN 441 W. PLUMB LANE RENO, NV 89509 702-323-4224 Date of Preliminary Plat Approval: NOVEMBER 3 1997 Type Subdivision: Residential X Industrial Commercial— PUD Other _ No. of Lots Proposed: 24 Land in Lots (ac.): 5.852 ac FILING FEE ATTACHED: $540.00 Parkland: Land (ac.) Cash -in -lieu Exempt X Note: Minor Subdivision- $200 + $10/lot Major Subdivision - $300 + $10/lot Pre. Plat waived - $400 + $10/lot Not Attached lic 1 (MUST CHECK ONE) X Health Department Certification (original) X— Title Report (Original, not more than 90 days old) -_ Tax Certification (Property taxes must be paid) _X Consent(s) to Plat (Originals and notarized) X Sub. Improvements Agreement (attach collateral) X Parkland Cash -in -Lieu (Check attached) X Covenants (Original signature provided) X Homeowners By-Laws/Articles of Incorporation (Originals) X Plats: 1 opaque cloth back (hard back) 1 mylar copy 3 blueline's Plat must be signed by all owners of record, the surveyor and examining land surveyor. Attach a letter which lists each condition of preliminary plat approval and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final application must be submitted no less than 30 days prior to expiration date of preliminary plat. When all final plat materials are submitted to the F.R.D.O. and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the final plat application and staff report. Incomplete submittal's will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information wi not be accepted and that false information will delay the application and may invalidate any approval SFC.RF4'hR-y � � 19�q$ Owner(s) Signature Fe a GO OF µ O N TA 1004 , I as L. Date BUFFALO STAGE PHASE III LEGAL DESCRIPTION DESCRIPTION OF BUFFALO STAGE PHASE III, Excepting PARK 'A': A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the southeast corner of LOT 75, of BUFFALO STAGE PHASE I-1, (records of Flathead County, Montana); Thence N00°0310011W 156.77 feet to a found iron pin; Thence N30 ° 07' 28 "E 62.57 feet toa found iron pin; Thence N00°03'11"E 142.03 feet to a found iron pin; Thence S79°5014811E 91.42 feet to a set iron pin; Thence S83°08101f1E 90.64 feet to a set iron pin; Thence S89°5711311E 513.90 feet to a set iron pin; Thence S53°28107"E 60.00 feet to a set iron pin on a 100.00 foot radius curve, concave southeasterly (radial bearing S53°28107"E); Thence southwesterly along said curve through a central angle of 36*22137" an arc length of 63.49 feet to a set iron pin; Thence S00°09116"W 29.89 feet to a set iron pin; Thence N89°5615211E 137.37 feet to a set iron pin on the westerly R/W of Whitefish Stage Road; Thence along said R/W S00°41143"W 245.66 feet to a found iron pin; Thence S00°1613911W 207.23 feet to a found iron pin; Thence S00°03109"E 17.14 feet to a found iron pin; Thence S89°5615211W 330.00 feet to a found iron pin; Thence N00°03'0811W 270.00 feet to a found iron pin; Thence S8905615211W 556.92 feet to the point of beginning and containing 8.546 ACRES. Subject to and together with all appurtenant easements of record. PET TTTON NO. BEFORE THE CITY COUNCIL OF THE CITY OF KALISPELL PETITION FOR ANNEXATION TO CITY COME NOW the undersigned and respectfully petition the City Council of the City of Kaiispeil requesting city annexation of the following real property into the City of Kalispell And to remove the following real property from the EUCr,- : :9 Rural Fire District. The petitioners) requesting City of Kalispell annexation of the property described 'herein hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available within the rest of the municipality prior to annexation. Petitioner(s) hereby state that there is no need to prepare a municipal Annexation Service Plan for this annexation pursuant to SPc-tinn 7-2-arin; M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. Dated this day of 6 , l9 C'. LEGAL DESCRIPTION OF PROPERTY TO BE AEXED: PROPERTY ADDRESS: to 's—kq Pt)qSQjF A 1�-, a. 6WIM ER PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE GUARANTEE First American Title Insurance Company E J 161495 1347(11,68) - FILE NO.: CT-52740 FEE: $75.00 J-161495 SUBDIVISION OR PROPOSED SUBDIVISION: Buffalo Square 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: Sands Surveying 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: Lots 1T, 2T, 3T, 4T, 5T, 6T, 7T, 8T, 9T, 10T, 11T, and 12T of the Amended Plat of the Plat of Buffalo Stage Phase I, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The above -described tract of land is to be known and designated as Buffalo Square. (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 by said Plat are: Penco of Montana, Inc., a Nevada corporation (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county taxes for the year 1998, a lien not yet payable. NOTE: General and special county taxes for the year of 1997 and all prior years have been paid in full. (Affects: All Lots) Continued... FILE NO.: CT-52740 Page 2 J-161495 (2) Cont. 1. Montana Trust Indenture dated May 21, 1993, to secure an indebtedness in the principal sum of AMOUNT : $2,250,000.00, and any other amounts and/or obligations secured thereby. RECORDED : March 5, 1996, as Doc. No. 96-065-10220, records of Flathead County, Montana. GRANTOR : Buffalo Stage Associates, a Nevada general partnership (comprised of Penco of Montana, Inc., a Nevada Corporation, as general partner, and DLC Homes of Montana, Inc., a Nevada corporation, as general partner) TRUSTEE : Citizen's Title & Escrow Company, Inc., a Montana corporation BENEFICIARY: The William N. Pennington Separate Property Trust, dated January 1, 1991, William N. Pennington, Trustee (3) Easements, claims, of easements and restriction agreement of record are: 1. Effects of agreement for water system between Julius Bruyer, George W. Hyde and Walter L. McPheeters and James W. McPheeters, recorded July 14, 1906, in Book 54, Page 635, and modified by instrument recorded March 6, 1915, in Book 112, Page 332, as Doc. No. 697, records of Flathead County, Montana. 2. Village County Sewer District levy of Assessment, recorded September 2, 1988, as Doc. No. 88-246-09380, records of Flathead County, Montana. 3. Easement for 20 foot sewer line as shown on Certificate of Survey No. 10354 and Certificate of Survey No. 10539, records of Flathead County, Montana. 4. Easement for an underground electric distribution line granted to Pacificorp, recorded November 6, 1992, as Doc. No. 92-311-14120, records of Flathead County, Montana. 5. A reservation of an easement over the portion of said land and for the purposes stated herein, and incidental purposes, IN FAVOR OF: Buffalo Chip Partners FOR : ingress and egress RECORDED : May 21, 1993, as Doc. No. 93-141-16510, records of Flathead County, Montana. 6. The effect of restrictions contained in Certificate of Subdivision Plat Approval recorded with the amended plat of Buffalo State Phase I, recorded May 13, 1993 as Doc. No. 93-133-09040, records of Flathead County, Montana. 7. Subdivision Improvements Agreement for Buffalo Stage Phase I, executed by Buffalo Chip Partners, recorded May 13, 1993 as Doc. No. 93-133-09050, records of Flathead County, Montana. Continued... FILE NO.: CT-52740 Page 3 J-161495 8. Covenants, conditions and restrictions recorded May 13, 1993, as Doc. No. 93-133-09060, records of Flathead County, Montana, 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). Amendment to said covenants recorded July 23, 1996 as Doc. No. 96-205-10380, records of Flathead County, Montana, but deleting any covenant, condition or restriction indicatinga 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) . Amendment to said covenants recorded August 8, 1996 as Doc. No. 96-221-13450, records of Flathead County, Montana, 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) . 9. By -Laws of Buffalo Square Townhomes Association executed by Buffalo Chip Partnership, recorded May 13, 1993 as Doc. No. 93-133-09070, records of Flathead County, Montana. 10. "Utility Easement Certificate " as granted on the Amended Plat of Buffalo Stage Phase I. 11. Twenty foot utility easements as shown on the Amended Plat of Buffalo Stage Phase I, and on the proposed plat of Buffalo Square. 12. Resolution No. 4159 by the City of Kalispell for annexation and zoning, recorded December 5, 1994 as Doc. No. 94-339-15300, records of Flathead County, Montana. 13. Terms and Conditions of Easement Agreement by and between Buffalo Chip Partners, a Montana General Partnership and Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter - Day Saints, a Utah Corporation, recorded May 13, 1996, as Doc. No. 96-134-09030, records of Flathead County, Montana. (Affects: Lots 1T and 2T of Amended Plat of Buffalo Stage Phase V. Continued... FILE NO.: CT-52740 Page 4 J-161495 (3) Cont. 14. Grant of variance executed by the City of Kalispell in favor of Penco of Montana, Inc., recorded December 12, 1997 as Doc. No. 1997-346-09300, records of Flathead County, Montana. (Affects: Lots 15-18 of the proposed plat of Buffalo Square) . 15. Roadway "A" as depicted on the proposed Plat of Buffalo Square. (Affects: Lot 24 of the proposed Plat of Buffalo Square). 16. The above described property is located within and subject to the jurisdiction of the Evergreen Fire District. DATED: March 20, 1998, at 8:00 A.M. Subscribed and sworn to before me thisday of 77 Nota Public for State of Montana pResiding atK.AL lSS Ei_-. — cc� My Commission Expires -7-- iZ-5C. 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 Pan 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 impaning constructive notice of matters relating to nail pro{xrty to purehaurs for talus and withcxtt inow•ledge. (e) "date": the effective date 2. Exclusion from Coverage of this Guarantee. The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) (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 by (1), (2) or (3) are shown by the public records. (c) Assurances to 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 on which such land abuts, or the right to maintain therein vaults, tunnels, tamps or any other structure or improvement; or any rights or easements therein unless such proper[); rights or easements are expressly and specifically set forth in said description. (d) (1) Defects, liens, encumbrances or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the assureds; (b) which result in no loss to the assured; or (c) 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 assurances provided. 3. 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 tide 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 Al 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 under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. 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. 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 A above: (a) Thc• Company shall have the right, at its sole option and cost. to institute and prosecute any action or proceeding. interpose a defense, as timitc•d in (b), or to do am' other act which in its opinion, may be necessar- or uc•sirahlc to establish the title to the estate or interest is 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 [his 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 tights under this paragraph, it shalt do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 5(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 nor 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 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 pro%idc kx 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 defend- ing the action or lawful as 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 requited cooperation, the Companys obligations to the assured under the guarantee shall terminate. b. Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided 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 shalt state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the assured to provide the required proof of loss or damage, the Company's obligation to such assured under the guarantee shall terminate. In addition, the assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers. checks, correspondence and memoranda in the custody or control of a third party which reasonably pertain to the loss or damage. All information designated as confidential by the assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the assured for that claim. Options to Pay or Otherwise Settle Claims: Termination of Uabillty. 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 anv claim which could result in loss to the .k cured within the coverage of this Guarantee. or to pay the lull amount of this Guarantee or, if this Guarantee is issuc•cl for the bench; of a holder of a mortgage or a licnholder, the (:ompany shall hate the option to purchase the indebtedness secured by said mongagc or said lien for the amount owing thereon, together with am' costs, re:e un- able attorneys' fees and expenses incurred by the assured claimant .. 1• 1 ! • t a, 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 indebt- edness, 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 matte 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 5, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With fatties Other than the Assured or With the Assured Claimant. To pay or otherwise settle with other patties 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 prosecution of any litigation for which the Company has exercised its options under Paragraph 5. 8. 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 exclusions stated in Paragraph 2. 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; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 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. 9. 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 Companvs 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. 10. Reduction of Liability or Termination of Liabili . All payments under this Guarantee, except payments made for costs, attornc%s.' fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. I I. Payment of Loss. (a) No payment shall be trade 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. 12. 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 bv_ 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. Ifa payment on account ofa 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. 13. Arbitration. Unless prohibited by applicable law, either the Company or the assured may demand arbitration pursuant to the Tide 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 $ 1,000,0000 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 winch the land is located permit 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 14. 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. 15. 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 114 East Fifth Street. Santa Ana, California 92701. CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA 1979, the undersigned, The William N. Pennington Separate Property Trust, hereby consents to the Platting of a tract of land to be known and named as the "Buffalo Square" thereof attached. IN WITNESS WHEREOF, said party has caused their name to be subscribed hereto on this t Or M day of Apa i L. 19 9 S William N. Onington, Trustee STATE OF �Q(1Cta�R� ) ) SS COUNTY OF ) On this 16 day of a , 1998, before me a Notary Public for the State c/f personally appeared William N. Pennington, and known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. No aPublic f the State of /Ufzz1 R sir ng at: �.,�6J 69e-- My Commission Expires: ,a--/ / Qo RACQUEL. BRIDGEWATER NOTARY PUBLIC STATE OF NEVADA -% WASH- �E ?OUNTY 92-077e4 WY AOptst. E (P f8S a 29,2000 a...aaa..a•...aa..a..c...a.....e.o...gas PLAT +> FIATHEAD COUNTY,r, 7 i r r• `i- T 59901 i i THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY B Y : j S FOR: V e'u to d Vjj,,,)4-As" Cz, DATE: DESCP : � �s � � l U S Q LI O- PURPOSE: -�- �� of-ln-P Ian � ►��9-T c�-i �� YEARS 3 114 ASSESSOR # 1992 THRU /�� Os— l��ji�r� AND TO DATE 7 5- -7 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. .20 1998 --------------- D TY TREASURER I• a zi s v.Y�,v..Y.<e � 1 � ,r:�•Y,Yx,.,,� '� �� % � I :I ��---___-- _ - ST_L_LW_ATER LANE elyT mac: .�, --� EXISTING UTILITIES & uYriY usrntrs 0 I li' aarv+f —I ':' WATER SERVICE us vfrvr I 0 SEWER SERVICE 8 9 I !i - 1 ••0 FIRE A GATE VAT LVE ' 10 9 8 7 6 5 4 3 2 j ° SG TPOSLT N I I I SANITARY SEWER MANHOLE a nwnxxe .umro<f o STORM MANHOLE �I� p,ye••v"� I GAS LINE PHONE PEDESTAL -i/ TELE o TRANSFORM ER _ -_ -- - -� __- ----- __ -----is nevwxZYF�`- f j' 14 13 12 1 1 I C I I SCALE: 1- 40'-0- lam_ 11 b r 1BlJFA R .1 •� O SQ�UA,�2 EOIT - 17 I I 1 gt-%� i i WI I i xo.xxw:w,w x,,x xwu tltrl e.xtl. xlm sxx. sm.•cs• 1;B 19 20 21 22 ��_ ss MM' f2 1 ICI I I I t Yry xxkr, tlx pW.trY nunx�CufnY u. euYa4q uxnN w."rA wwr xrvix wi b. wtl. xW bmbn wn. m. trtrtl b. trim I ss w o •r-- L--- - -- -- --- -- — - - R I I 1 O al ; wxgxtl by x'Iuxn.xfs nbYY. s» m. x m. ,00...oexmxw .• .. f- wa. e. Iw.ntl ax�tl ss.s,wvaa •mr-_ .T.-"LLj�J i xxwxxm uu...annw itECE[VEI i2 3" 1 1 �j :. Y .x. ,. ,.. ,.. v tl :. xxf wMf x ..x,b. MAR 10 1998 — \ wnx.xNc. m tlxx mq wNW. w0 x un..tl. true w Mxum 1 MT. DEPT. OF ENV. Sk1RJJ'. PERWMNG &COAPLiANCE 61: 24 1 I II I I 11 1 x.xlxtl M'WUM a O.Nutr IV N,oWp .. x .x xwxxxeY xe u IliWutlO wtrw. I I i I ------ --- --- ------------------------------------------------------------- ------------------------------------------------------ ------------------ WHITEFISH STAGE