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Staff Report/Final Plat for Amended Lot 68F lathead Regional Development Office Room i Kalispell,I 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 June 9, 1998 Glen Neier, Interim City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Amended Plat of Lot 68, Buffalo Stage Phase II Townhomes Dear Glen: Our office has received the application for final plat approval of Amended Plat of Lot 68, Buffalo Stage Phase II, a two unit townhouse subdivision located on the southeast corner of Buffalo Stage and Granrud Lane in Kalispell. Preliminary plat approval was granted by the County Commissioners on May 7, 1997 subject to six conditions. Subsequent to this approval, Buffalo Stage Phase II was annexed into the City of Kalispell and zoned RA-1, a Low Density Residential Apartment district. The parent lot and sublots comply with the development standards for the RA-1 district. The following is a list of the conditions of approval and a discussion of how they have been met. sk") W 4 V 0 ; reTWO 0 V 0 to)• -• 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 and roadways. This condition has been met. The development complies with the approved preliminary plat. Condition No. 2. That a letter from the Buffalo Stage Phase II Homeowners Association be obtained acknowledging the creation of the proposed sublots for the construction of townhouses This condition has been met. A letter from Buffalo Chip Partnership dated September 15, 1997 has been submitted with the final plat stating that the association has not yet been initiated, that these lots were intended as duplex lots and that the townhouses will be part of the association and will pay association dues. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat of the Amended Plat of Lot 68, Buffalo Stage Phase II June 9, 1998 Page 2 Condition No. 3. That a "will serve" letter be obtained from the North Village Sewer District and the Evergreen Water and Sewer District stating that sewer and water service will be provided to the additional lots. o This condition has been met. A letter dated November 24, 1997 from the Evergreen Water and Sewer District has been submitted with the final plat, and a letter from the North Village Sewer District dated September 12, 1997 has been submitted with the final plat which satisfy the above condition. Condition No. 4. A Certificate of Subdivision Approval be obtained from the Montana Department of Environmental Quality regarding the provision of water and sewer service to each lot. o This condition has been met. The letter dated December 24, 1997 from DEQ has been submitted with the final plat which satisfies the above condition. Condition No. 5. That the following notes shall be placed on the face of the final plat: a. All house numbers shall be visible from the road, either at the driveway entrance or on the house. b. That these lots are part of the Buffalo Stage Phase II Homeowners Association and property owners shall participate in the full obligation and responsibilities associated with the association membership. c. In the event that one or both of the townhouse units is destroyed by fire or other conditions, that the new structure(s) shall be reconstructed as townhouse units. ® This condition has been met. The required notes have been placed on the face of the final plat. Condition No. 6. Preliminary plat shall be valid for a period of three (3) years from the date of approval ® This condition has been met. The final plat was submitted prior the expiration date 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. Final Plat of the Amended Plat of Lot 68, Buffalo Stage Phase II June 9, 1998 Page 3 This subdivision complies with the Kalispell Zoning Ordinance. I:I :M03 6 sSri Z 1 D : s All of the conditions of preliminary plat approval have been adequately met The Flathead Regional Development Office recommends that the Kalispell City Council approve the final plat for this townhouse project Please schedule this matter for the regular City Council meeting of June 15, 1998. Sincerely, Narda Wilson, AICP Senior Planner NW/ Attachments: 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Final plat application received 5 / 28 / 98 Letter from Buffalo Chip Partnership dated 9/ 15/97 Letter from Evergreen Water and Sewer District dated 11/24/97 Letter from North Village Sewer District dated 9/ 12/97 Letter from DEQ dated 12 / 24 / 97 Consent to plat from Buffalo Chip Partners Title First American Title dated 4/ 17/98 #CT-51920 Treasurers Certification dated 4/7/98 c: Sands Surveying, 1995 Third Avenue East, Kalispell, MT 59901 J 8s F Construction, 690 N. Meridian Rd., Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \... \KFP98-4 157 NORTH MERIDIAN ROAD SUITE 112 KALISPELL MONTANA 59901 406-257-1076 406-257-5533 FAX 257-5556 Real Estate Development Feasibility Construction Management Roger D. Jacobson Arthur F. Thompson James J. Thompson E. Kits Smith Kenneth Yachechak September 15, 1997 Flathead Regional Development Office Flathead County 723 5th Ave East, Room 414 Kalispell, Montana 59901 Re: Buffalo Stage Phase II (duplex lots 63 & 68) Gentlemen, The Homeowners Association for Phase II has yet to be initiated. When approximately 50% of the lots are occupied it will be formally started. There are provisions in the documents that acknowledge the duplex lots and they will be part of the Phase II Association. Lots 63 & 68 have been converted to Townhouse Lots by County Commissioner action, therefore each townhouse'on the duplex lot will pay association dues. Call if you have any additional questions. 11 r � e er ate ISIr1 C, #� CO G 130 Nicholson Drive ® Kalispell, MT 59901 Phone: (406) 257-5861 Fax: (406) 756-1588 November 24, 1997 Carver Engineering 1995 3rd Ave. East Kalispell, MT 59901 Attention: Andy Hyde Flathead County Water & Sewer District #1 - Evergreen agrees to provide water service to the townhouses located on lots 68A and 68 B Buffalo Stage. A separate curbstop will be provided to each service and they will be installed according to District specifications. If you have any questions, please contact me. Sincerel , Roberta Struck District Manager VILLAGE COUNTY SEWER DISTRICT C/O Roger D . Jacobson, Chairman 1001 ' South Main Kalispell, Montana 59901 September 12, 1997 Flathead County Commissioners 800 South Main Kalispell, MT 59901 Re: Lots 63 & 68 of Buffalo Stage, Phase H Gentlemen: As a condition of approving a change from duplex lots to townhouse lots for the above referenced sites, the Village County Sewer District was asked to provide assurance that sewer service will be provided. This letter is to confirm that the Village County Sewer District agrees to provide service to Lots 63 and 68 of Buffalo Stage Phase H, as a result of a change from duplex development to townhouse development. Sincerely, %L1 ; Roge>acob n Chairman, Village County Sewer District rdj ICATION MAMfAL F.R.D.O. CITY/COUNTY ;J MAY 2 8 1998 UWA [ PLAT r. Subdivision Name� AMENDED PLAT OF LOT 68 BUFFALO STAGE PHASE 11 Contact Person: THOMA, E. SANDS ddress: 1995 3RD AVENUE KALISPELL, MT 59901 • . +r. Owner: Date of Preliminary Plat Approval: MAY 7 1997 Type Subdivision: Residential _X Industrial Commercial _ PUD Other _ No. of Lots Proposed: _2 Land in Lots (ac.): 0.302 FILING FEE ATTACHED: $ 220.00 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 i l (MUST CHECK ONE) ' X Health Department Certification (original) X Title Report (Original, not more than 90 days old) X_ Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X 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: I opaque cloth back (hard back) 2 mylar copies 3 blueline's Plat must be signed by all owners of record, the surveyor and examining land surveyor. Attach a letter which lists od 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 will not be accepted t false information will delay the application and may invalidate any approval. `� `� --7k DEPARTMENT OF ENVIRONMENTAL QUALITY PER 11ITNG AND COMPLIANCE DIVISION MARC RACICOT, GOVERNOR METCALF BUILDING 1520 E SIXTH AVE -STATE OF MONTANA (4W)444-3080 December 24, 1997 PO BOX 200901 FAX (4")444-1374 HELENA, MONTANA 59620-0901 ATTN ANDREW HYDE PE CARVER ENGINEERING INC 1995 THIRD AVE E KALISPELL MT 59901 RE: Buffalo Stage Phase II Lot 68C Flathead County E.Q. #98-1895 Dear Mr. Hyde: 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 3 8, 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, Linda Dills Environmental Engineer Subdivision Section Water Protection Bureau cc: City Engineer, City of Kalispell file "AN EQUAL OPPORTUNITY EMPLOYER" CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA 1979, the undersigned, Buffalo chip Partners, hereby consents to the Platting of a tract of land to be known and named as the Plat of Lot 68, Buffalo Stage Phase II" thereof attached. IN WITNESS WHEREOF, saicl party has caused their name to be subscribed hereto on this day of , 19 ja Partne'll, STATE OF MONTANA ) SS COUNTY OF FLATHEAD ) On this �6 day of tCtn� 1998, before me a try Public for the State of Montana, personally appeared to and known to me to be the person whose ame is subscribed to the foregoing instrument and acknowledged to me that they executed the same. Notary PI r. the State o ontana Residing t: / My Commission Expir s: 3 1-2-S-1 967 GUARANTEE S`S AMERI 4-1 ti 0 -11 First American Title Insurance Company J 161490 1347(11168) FILE NO.: CT-51920 1st Amendment FEE: $125.00 J-161490 SUBDIVISION OR PROPOSED SUBDIVISION: The Amended Plat of Lot 68, Buffalo Stage, Phase II 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 Survey 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: Lot 68, Buffalo Stage Phase II, 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 The Amended Plat of Lot 68, Buffalo Stage, Phase II (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: J & F Construction (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special c:ournty taxes for the year 1998, a lien not yet payable. NOTE: General and special county taxes for the yea- 1997 and all prior years taavr- been maid in full. Continued... FILE NO.: CT-51920 2. Montana Trust Indenture dated May 2, 1997, to secure an indebtedness in the principal sum of AMOUNT : $65,000.00, and any other amounts and/or obligations secured thereby. RECORDED : May 6, 1997, as Doc. No. 1997-126-11550, records of Flathead County, Montana. GRANTOR : J & F Construction TRUSTEE : Citizen's Title and Escrow Company, Inc., a Montana Corporation BENEFICIARY: Buffalo Chip Partners AFFECTS : Premises and other property (3) Easements, claims, of easements and restriction agreement of.ro-coXd.are: 1. Village County Sewer District Levy of Assessment recorded September 2, 1988, as Doc. No. 88-246-09380, records of Flathead County, Montana. 2. Effect of agreement for water system between Julius Bruyer, George W. Hyde and Walter L. McPheeters and James W. McPheeters, recorded July 14, 1906, in Bc,ok 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. 3. 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. 4. Consent to Annex Agreement and Notice of Withdrawal From Rural Fire District executed by and between Buffalo Chip Partnership and the City of Kalispell recorded April 12, 1996 as Doc. No. 96-103-09210, records of Flathead County, Montana. 5. Utility Easement. Certificate as shown on the plat of Buffalo Stage Phase TT 6. Park Dedication as shown on the Plat of Buffalo Stage Phase II. 7. Private Roadway as dedicated in the "Certificate of Private Roadways" as set forth on the recorded Plat of Buffalo Stage, Phase II, records of Flathead County, Montana. Continued... FILE NO.: CT-51920 8. The effect of restrictions contained in Certificate of Subdivision Plat Approval recorded on the Plat of Buffalo Stage Phase II, on April 25, 1996 as Doc. No. 96-116-09550, records of Flathead County, Montana. 9. Subdivision Improvement Agreement between Flathead County Board of Commissioners and Buffalo Chip Partnership, recorded April 25, 1996 as Doc. No. 96-116-09560, records of Flathead County, Montana. 10. Covenants, conditions and restrictions recorded April 25, 1996 as Doc. No. 96-116-09570, 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) . 11. By -Laws of Buffalo Stage Homeowners Association, recorded April 25, 1996 as Doc. No. 96-116-09580, records of Flathead County, Montana. 12. Resolution No. 4340 by the City of Kalispell for Annexation, Buffalo Stage Phase II, recorded August 13, 1997 as Doc. No. 1997-225-13470, records of Flathead County, Montana. 13. The following notes are included on the preliminary plat of the Amended Plat of Lot 68, Buffalo Stage Phase II: NOTE: Gross Areage for tax purposes: add 1/2 of 0.1422 AC. and 6139.3 SQ.FT. (0.0711 AC. and 3069.65 SQ. FT. per LOT) See the "PLAT OF BUFFALO STAGE PHASE II" for details. NOTE: BASIS OF BEARINGS PER PLAT OF BUFFALO STAGE PHASE II. NOTE: a. All house numbers shall be visible from the road, either at the driveway entrance or on the house. b. That these lots are part of the Buffalo Stage Phase IT Homeowners Association and property owners shall participate in the full obligation and responsibilities associated with the association membership. C. In the event that one or both of the townhouse units is destroyed by fire or other conditions, that the new structure(s) shall be reconstructed as townhouse units. Continued... FILE NO.: CT-51920 14. 15' utility easement as depicted on the propose plat of the amended Plat of Lot 68, Buffalo Stage, Phase II. (Affects: Lot 68B) 15. The above described property is located within and subject to the jurisdiction of the Kalispell Fire District. DATED: April 17, 1998, at 8:00 A.M. Subscribed and sworn to before me thi Notary Public for State of Montana Residing at . 1f�-�t _ My Commission Expires 7-ta-5a GUA AN" E.E CONDITIONS AND STIPULM IONS 1 )c-fiaitian <a('1 �•rmx. tltc follrning tcrtms aaficn usc<f in the Guarantee mean 'a) 'the assured": the pi:tny or panics named as the assured in this :varantcc, or on a supplemental writing executed b)• ch< Company. b) lord': the Land described or referred to in Schedule (A)(C) or in Pan '_. and irn =us affixed thcrcro which by law, constitute real property. the term 'land' does not include any properry beyond the lints of the area Icsernibcd or referred to in Schedule (A)(C) or in Pan 2. nor any right• (itle, nterc%&. estate or casement in abutting streets, roads, avenues. alleys, lanes, ways or wztcrV-ays. c) ": mortgage, deed of (rust, trust deed, or other sccuriry rtstrumrncrtt. d) rteeords records established under state statutes at Dace of :uanrucc for the purpose of imparting constructivc notice of matters dating to cicai : to purchasers for value and washout knowledge. I dztc . the ef&xxi-.v date. . Exclusion frorn Corerage of this Guarantee. he Company acsumtes no liability for loss or damage by reason of the lttvwing: t) Taxes or assessmcnu which are not shown as existing liens by the _c<xds of ZnV MXing authority that levies taxes or asccssments on real rrgx"Y ex b.• the public records. ,) (1) Vnpatentcd mining claims; (2) reservations or exceptions in atc rats or in Acts authorizing the issuance thcrco(; (3) w-cr rights, claims r title to water: xhethcr or not the matters excluded by (1). (2) or (3) arc xm•n by the public records. I Assurances to titk to any property b yond the lines of the land c,pressly4lescribcd in the description sci forth in Seheduk (A)(C) or in pan Of this Guarantee, or titic to strccu, roads. avenues, Lanes, ways or aterways on w tuch such Land abuts. or the right to inainmin therein vaults, -nncts or any ocher structure or improvement; or any rights or unless such property, rights or easements are expressly ui sipcicifically set forth in said description- -) (I) liens, encumbrances oradverse claims against the tide, if suranoes ales provided as to such tick, and as limited by such assurances, (2) Defects. liens. encumbrances. adverse claims or other matters (a) tether or not shown by the public records, and wfiich arc crr2tcd, fkvcd, asstraaed or agreed to by one or more of the assureds; (b) which suit in no toss to the assured, or (c) which do not result in the invalidity potcntlap invalidiry of any judicial or non judicial proceeding hich is thin the scope and purpose of a_twnnces'provided. Nodes of Claim to be Givcn ba. Assured Claimant. assured shall ri,mf+ tl,c Companx promptly in a+rmng ,n case knowicdgc '11 come to an asurcd hereunder of any c12;m of utle or +nic-rest v,•h,ch ,da•crw to the talc- io the esia,c or +merest, as statcd heron, and av}t;ch chi cause- loss or damage- for —high the Companr• max f,c f+ab(e by vinuc ih;s Guarantee It prompz not tcc shall not be given I<) the Companr•, then 1;aNliry of the Companr shalt terminate with regard to itie matter or ttels fora,4iwh prompt nex,<c is rcquircd; proa'idcd, hov cvcr, that failure notify the Companr shall in no case prejudic< the rights of any assured der thi<Guaranzee unless ills Company shall be prejud,ced by the failure 1 then only to the c,cicnt of the prejudice. No Uuty 10 1),-fcnd or Fro>c•<ulc. C.ompan, sha!! t:aac net cfui, to c1,:fcnd or provcutc an+ a<'z,on or seed+rag to wh,<h 11,<' A aurc,l ,a a pam, not,atthstand,n}; ills- nature- of Acgat+on in url: ait,.,n , orocccding Cnmpana s Opli.+n to llcfcnd or Prosccui< 9. t sins; Ou,v of ., ihowch tfi•� • .xr,;_::, }..: r..t ,:.un ,., do irnal <tr p;,,., , ;�;.� ,i, .ri f:,ni: i u,r fir..: 1'.:. .,.. ... .... .. ..0 i „.: a'r<t,n p• ra. '.�.,,.• ., ,�a ..�n .a-. ., this <.u:+nu,tca'. If at K' ti,lt,t,a pa >ha11 c•\cic, ' n> right, un<fc•r paragraph, ii shall d- s<, d'hecolf�' (b) if the Company ckcis to cscrcisc its options as statcd in 1'3ragraph 5(a) the Company shall hare the right to select counsel of itsehoice (subject to the right of such assured to object for reasonable cause) to represent the rioted and shalt not be Babas for and -ill not pay the fees of any other counsel• nor will the Company pay anv fees, costs or expenses incurred by an assured in the defense of those causes of anion wfiich alkgc meters not cosrrid by this Guarantee. (c) VYh<nealcr the Company shii has c brought an action or interposed a defense as permitted by the proaisions of this Guarantoe, the Company may pursue any litigation to final determination by a court of competent jurisdiction and cxprcssla- reserves the right, in its sole discretion, to appcaa from, an ad%x.rsc judgment or order. (d) in all cases w•hcr•c this Guarantee permits the Company to prosecute or provide (or the defense of arty' action or pcoceeding, an assured shall sccurc to the Company the right to so prosecute or prtn-i k for the defense of any action or procccding. and all appeals therein, and permit the Company to usc, at its option, the name of such assured for this pxuptisc. V %cncc,cr rcquested by the Companr: an assured. at the Company's expense. shall give the Compare- Al rcasonab(c aid in any action or porocccding. sccuring caidcrtcc, obtaining witnesses. prosecuting or dcfcnd- ing d-te action or Lawful act wfiitin in the minion of the Company may bbc necessary or dcsinbic to establish the title to the estate or imcr>cst as sated herein, or to establish the lien rights of the assured. If the Company is prejudiced by the failure of the assured to furnish the rcquircd cooperation, the Company's obligations to the assured under the guarantee shall wrTnin a tc . G- Proof of Loss or Damagc- In addition to and after the notices rcquircd under 'iection 3 of thew Conditions and Stipulations hays been providcd the Company: a proof of loss ordanugc signed and sworn to bay the assured shall be furnished to the Company within ninety (90) days after the assured shall ascertain the facts giving rise to the lass or damage. The proof of toss or dantage shall describe the stutters covered by this Guarantee which constitute the basis of toss or damage and shall state, to the extent possible. the basis of calculating the annount of the loss or damage. If the Company is prejudiced by the failure of the assured to provide the sequined proof of loss or damage, the Company's obligation to such assured under the guarantee shad terminate. In addition. the assured may reasonably be required to submit to examination under oath bay any authorized rep1`e5ent2tiv'e of the Company and shall produce for examination, inspection -and copying. at such reasonablc times and places as may be designated by any authorizcd rcprescneatiyc of <hc Compare-. tali records, -books. tedgcrs. checks, correspondcnce and mernnr2nd2.'nftcther bearing a date bcfor< or after Uatc o(-6u2r3ntcc, cyh+ch rca>onahh pcna,n to tl,c foss ordamagc- Funhcr, if rc yucsud ho ; m arhorucd «prrscmau+r of tl,c Companr the assurC<f shall Kranz nor (,ern„<.,on ,n wnt,r,L Inr any auihorvcd «-prc.c-mauar <if the Compan. to raaminc inspect and copy all record.. Ixxok. Icdgt-r cheek, correspondence• and memoranda in the eustod, or comrol of a thirst pars, aa•h,ch rc•a.onabh' pertain to the loss or damage All inforn,anon dcs+gnated as confidcnttal b+ if+c assured proatdcd to the Compan. pursuant to this Section shall not be disclosed to other- uniess. in the reasonable judgment of the Companr it is nccessan• in the adnimiseratton of the claim. failure of the assured to submit for examination undcr oath, produce other rcasonabbr rrqucstcd information or gr2nt permission to secure rcasonabv ncccssary mfortt,auon from third panics a< rcquircd in zhc• atxr'c paragrrph. unfr-aa prohihiicd ha• 12+a Of _v.n'crnm<ntaf rcgulamon. :hall wrn,ma,c of th, <,.�m{,am- undcr Ill- t,+laranic<• t<, the Options to P:,a or nthrru; c Scttic Claims: Tcrniinatiori of 1 i,hilita In sass n: z cl2++n ureic: :h,� c,<:a 3mre. ,hc < .t;n pa nor .h afJ h_a•e the (:� L, !'.. 7c-. .: f'.,+,.. .?i, :,L. ,.+,. •,un .,.I+..,.. „r ,,, tic.,, ...-..-il, GumzANTEE CONDITIONS AND STIPULATIONS (con(irutcd) which w•<rc autlx)riZCd by rt,c Compatiy up to tare time of purchase. Such purchase, payment or tender of paymcnt of the full amount of the Guarantee shall terminate all liability of the Company hcceundcr. In the evernt afrcr notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, tic owner of such indc!tedncss shall transfer and assign said indebt- edness, together with any cotlatetal security; to the Company upon of die purchasc price. Upon the emercis: by the Company of the option provided for in Paragraph (a) the ComparnYs obligation to the Assured under this Guarantee toe the clairmed foss or damage, ocher than to make the paynacm required in that paragrapix,shall u= ninatc, induding anyobligation to concintjcrise dcfcnsc or prosecution of any Briguion for which the Company has exercised its options under Paragraph 5, and the Guarantee shalt be sutrcndcrad to the Company for c2ncc112tion. (b) To PsytrOthawise Settle il7ith Parties Ocher than the Assured or Wah the Assured Claimant. To pay or otherwisc settle with other panics for or in the name of an assured claimant any claim assured against under this guarantee, with any oasts, auorncys fees and expenses incurred by Elhc assured chinzant which were authorized by the Company up to Elie dine &paymcm and which the Company is obligated to pay. Llpoat the czercisc by the Company of tic option provided for in —Paragraph (b) she Cktattianys obligation to the Assured under this Guarantee for dic claimed toss or damage. other than to make the paymcxtt required in that ttlsslf tutmirmr- including anyobligation co continue thedefcnsc o proSecittiOn of any litigation for which the Company has exercised its options under Paragraph 5. 8. Ockrazination and Extent of 112billty. This Guarantor is a contract of indemnity against actual monetary toss or lamage sustained or incurred by the Assured claimant who has suffered toss x <faviage by reason of rchance upon the assurances ser forth in this and only to the cctcnt hcrcin described, and subject to the :icclusioau stated in Paragraph 2. he limbility of the Company under this Guaratntcc to the assured stub not aaoocd the gem of. a) tic amount of liabdiry stud in Schedule A; b) the atmount of the unpaid principal irndcbtcdness secured by the of an assured mortgagee, as Urxtited or provided under Section 7 tthesc Conditions and Stipulations or as reduced under Section TO ofthesc ,onditions arnd Stipulaxions, at the time the loss or damage assured against y-shis Gtarwwcc occurs, togcdS,cr with interest thereon; or } the diBcrencc beet-ccn the .•aluc of'thc esxate, or inierest covi:red erebv as stated herein and the , aluc of tthe estate or innerest subject to env cfcct, lien or encumbrance assured against by this Guanntcc. L_i rxi%atzon of Lxabilily_ !f the Compam'cstahl+�hc, zhc t+i!<, or rcn)o,r< ih<• allegc-d de(<-ct, lien encumbrance, of cures an, other matter assured against by th+, -tarantcc zn 1 r<•asonahl, Jtlzgcnt manner ht' an,. method- including, :gation and tax completion of any appeals therefrom, it shall ha,•e full,• -rformcd its obligations vekh respect to that matter and shalt not tx liable r any loss or damage cau:cd ihcrcb). i In the c xnt of any litigation by the Company• or with the Company's runt, the Company shalt ha,T no ttabiliry for toss or damage until xhcrc s been a fins) dctcrmtnation b, a court of competent iuri<diaion, and r>O>ition of all apfx:?, xh<-rcfrnm sd'-c-rlc u) the tnlc. a, stated fwrcin Th<- C:omp<tz, >h2i! noz the 6;ei)lc for lot, or damage to any assured for �dsly ,olunu ll, ;isumcd h, ih,: a,surcd in s<•ttling am' claim or suit host the pn<x ,.ntu:11 gun, rz of xhc Compan, Rcductiahrt of U21>ility or Tcrn)inatioo of 1 iahilit, nl:cd,- fol C.),,- ::ncc> S<c� ..., c'�1'�.�"� f.;:•.>>n: in i'araCra{`h 5 s11a11 r<•do.-c the. If :!r.. t 1. Pa}•mcnt thf toss. (a) NO payment shall be made without producing —his Guarantee for endocscmcnt of the payme-nt unless d -&< Guarantee has been lost or destroyed. in which case proof of loss or destruction shall be furnished to the satisfaaion of the Company. (b) VAicrn tLibalky and the extent of toss or damage has been definitely fixed in accovdwioc with these Conditions and Stipulations. the toss or damage shall be payabie within thirty (30) days thereafter. 12- subrogzxioti upon Payaxat or Sealeaaeat Wheoevcr the Companyshall have settled and paid a claim under this Gu: ramcc, all cigttt ofsubcogation shall rut in the Company unaffected bn- any act of the assured etaimant. The Company shall be submgatcd to and be entided to ail tights and r tr odies which dbic 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 an rights and --this against any person or property necessary in order to petiea this right of subrogation. The assured shall permit nine Company to suc. compcexnise or settle in the name of the assutmd and to use the ttname of tic assured in any transaction or litigation involving diese r *hts or remedies, tf a payment on accou nt of a claim does not fully cover chit toss of the assured tic Company shall be sutx+ogated to a!] rights and vemcitfi s of the assured after the assured shalt have recovered its principal, interest, and costs of collection. 13. A bitratioo. Unless prohibited be applicable Jaw, tither the Company or the assured may demand arbitration pursuant to the Tate Insurance Arbitration Rules ofthc Amcocan Arbitration Association. AtNuabtc matters may indudc, but arc not timited to, any controversy or claim between the Company and the assured arising out of or relating to this Guar2ntcc. any service of the Company in coruxrtion with its issuance of Else breach of a Guarantee provision or other obligation. Ail arbitrabc matters when the Amount of Liability is S 1.000.00O or less shall be arbitrated at the option of eitther the Company or the assured. All arbitnbie matters -tb cn the amount of Bator " is in access of S 1,000,0000 shall be arbitrated only when agreed to by bah the Company and die assured. The Rules in effect at Date o(Guarantee shall ix binding upon the panics. The award may include attorneys` fees only if the laws of the sate in which the land is located permit a court to award attorneys' ices to a prevailing pam. Judgment upon the award rendered by the Adxxr2tor(s) may be erntered in any court having jurisdiction dx-mof. Tiu•l.awof the sinus of the land shaD apply to an aribiu2tion under the Ticte insurance Arbitration Ruic, A capv of rho Rules rna,• be ot)Wned from the Compiny -upon request 14. Liabilit,• Limited to This Guarantee: Guarantee Entire Contract (a) This Guanntcc zv)pcthcr with aJl cndnr,cmcnr,. ifany- attaci)ctl hcr<x ) b,the Contpar,. „ ttac enure (ivata^•+cc and cgrzract bct�ccn the- a�wrcG and xloc Compan% to interpreting a.,. pm,x+on .z( this <;ueranw<:. th„ Guanntcc shall N cvn.rrucd 2 a (b) Any claim of toss or damage. f;cxhcr or not hascd on ncgtigcncc, or any action asserting such claim. shall be restnctcd to this l:uazanwc (c) No amendmcni of or endorsement to thts Guarantee can he trtadc except by a s Twing endorsed hereon or atzached hereto signed byeithcr the Fresidcnt, a 4tcc PresaGcnt. rho $ccrctzn an .{ c,<tanz Sccrctan•. or,•alidatinc officer or authortccd st;_,naxon of the Cemp;n, 15, Notife,. 1=T)crc Scnt. All not+ecs rcc.tuzred zo be gr,cn the <:<; ;p r.t .nd am stazetnctv in wrivae required to lx- furn:-hed the <.omp2n, `.ta1:. rt•:iu•ir the nurnh<•r of th+< C,usrantcc atx: >`�f t7c a<•iclfc'> vo z._ :6: L.,+ _<t, ss 1 14 t.>.: f +lttt Strrr: tianta .Sna, <;a1+lorn+E $Z't)l 1COUNTY,* j 800 S. MAIN 1 i / THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY eY: FOR: DATE: /1��� ;7 DESCP : PIA f h4 � 3 -� Lj�- L) PURPOSE: -)AI4'I YEARS 31 ! ASSESSOR # 1992 THRU / J % (a —12q_AND TO DATE 65"-Gl/3(�/9 0�-, 0000/ 7(S I hereby Certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the year -- indicated for each a5se.9nor number. 7 1998 DEPUTY TREASURER June 17, 1998 Thomas E. Sands 1995 3rd Avenue East Kalispell MT 59901 re: Amended Plat of Lot 68 Buffalo Stage Phase II I am happy to inform you that the Kalispell City Council, at its regular meeting June 15, 1998, approved the Final Plat for the Amended Plat of Lot 68 Buffalo Stage Phase II. If you need any further information please let me know. Thank you. Sincerely, I 111 - Wwz, A- W9 -, - Theresa White Clerk of Council Cc: J & F Construction Narda Wilson, FRDO Post Office Box 1997 • Kalispell, Montana 59903-1997 Telephone (406) 758-7700 • FAX (406) 758-7758