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Staff Report/Final Plat• 0 Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity(&centurytel.net www.tricitypianning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Final Plat Approval for Circle of Stone Subdivision December 1, 2003 BACKGROUND: This is a two lot commercial subdivision located at the southwest corner of Third Avenue East and 14f Street East in Kalispell. The property address is 1404 Third Ave East. The property is zoned B-2 General Business and contains approximately 14,375 square feet. This zoning district has a minimum lot width requirement of 70 feet and a minimum lot size requirement of 7,000 square feet. Each lot will contain approximately 7,100 square feet each. The property is intended to be developed with professional offices and occupied by the current owner. The Tri-City Planning Office waived the preliminary plat this subdivision on August 4, 2003, subject to several conditions because it can been found that the subdivision meets the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations subject to four conditions. A letter dated November 25, 2003 from this office outlines the conditions of approval for the final plat and how they have been met. Additionally, staff report KWP-03-6 outlines the findings -of -fact review the statutory criteria for plat approval. COMMENDATION: A motion to adopt the findings -of -fact in the staff report #KWP-03-6 and approval of the final plat would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, 1"06�- W-4 7141�1 Narda A. Wilson Senior Planner Potentially minor positive effects. As suggested by the City Council. Chris A. Kukulski City Manager Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • Final Plat for Circle of Stone Subdivision November 25, 2003 Page 2 Report compiled: November 25, 2003 c: Theresa White, Kalispell City Clerk Larsen Engineering and Surveying, P.O. Box 2071, Kalispell, MT 59903 Lazy P. Inc., 320 N. Foys Lake Rd., Kalispell, MT 59901 Attachments: Transmittal letter and application materials Staff report KWP-03-6 Plats \REPORTS\... \KWPOS-6MEM N A RESOLUTION APPROVING THE FINAL PLAT OF CIRCLE OF STONE SUBDIVISION, DESCRIBED AS ASSESSOR'S TRACT 5-13 LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Larsen Engineering and Surveying, on behalf of Lazy P. Inc., the owner of certain real property described above, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on August 4, 2003 by the Tri-City Planning Office according to Section 2.06 of the Kalispell Subdivision Regulations subject to four (4) conditions, all of which have been met, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Tri-City Planning Office has reviewed the proposed subdivision and made a report (KWP-03-6) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608, MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report #KWP- 03-6 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Lazy P. Inc. for final plat approval of Circle of Stone Subdivision, Assessor's Tract 5-13 located in Section 17, Flathead County, Montana, is hereby approved. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 1ST DAY OF DECEMBER, 2003. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Tri-City Planningice 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 November 25, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval for Circle of Stone Subdivision Dear Chris: Our office has received an application from Larsen Engineering and Surveying on behalf of Lazy P Inc. for a two lot commercial subdivision. Preliminary plat approval for this minor subdivision was waived on August 4, 2003, subject to several conditions. This will create an additional parcel on the southwest corner of Third Avenue East and 14th Street East. The property is zoned B-2, General Commercial.The property is located on the southwest corner of Third Avenue East and 14th Street East. The property address is 1404 Third Ave East. The parcel contains approximately 14,375 square feet (0.33 of an acre) and can be described as Assessors Tract 5-13 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Currently this property is undeveloped. There is a mix of uses in the area with apartment buildings directly to the south and east, single family residences to the north, commercial to the west. The property is zoned B-2, General Commercial, which allows for a broad range of commercial uses. This zoning district has a minimum lot width requirement of 70 feet and a minimum lot size requirement of 7,000 square feet. The property is intended to be developed with professional offices and occupied by the current owner. Our office waived the preliminary plat on August 4, 2003 subject to several conditions because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Specifically, it can be found that the following conditions exist: 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or private parkland. 3. All lots have legal and physical access conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Public sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • Final Plat for Circle of Stone Subdivision November 25, 2003 Page 2 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. The Kalispell City Council will need to adopt findings of fact for approval found in attached staff report KWP-03-6 concurrent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been met. Condition No. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. • This condition has been met. The lot in the subdivision complies with the preliminary plat that was waived. Condition No. 2. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district to upgrade Third Avenue East and 14th Street East • This condition has been met. The required note has been placed on the face of the plat. Condition No. 3. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality. • This condition has been met. MDEQ letter dated 10/2/03 certifying that the subdivision will be connected to municipal facilities has been submitted with the final plat. Condition No. 4. This waiver of preliminary plat approval is valid for three years and shall expire on August 6, 2006. • This condition has been met. The final plat was submitted prior to expiration of the waiver. • rrMYOWAVA r • lip r The final plat is in substantial compliance with the preliminary plat which was reviewed and approved. • rOW MORNZI&DI• This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. Final Plat for Circle of Stone Subdivision November 25, 2003 Page 3 This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the B-2, General Business zoning designation assigned to the property. All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-03-6 as findings of fact and approve the final plat for Circle of Stone Subdivision. Please schedule this matter for the next regular city council of December 1, 2003. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, -A66, -If , / �-- --- Narda A. Wilson, AICP Senior Planner NW/ Attachments: 1 opaque mylar 1 reproducible mylar 1 paper copy Staff Report KWP-03-6 Ltr from Larsen Engineering and Surveying dated l l / 11 / 03 Final plat application dated 11 / 11 /03 Letter from TCPO for pre plat waiver dated 8/4/03 DEQ approval #E.Q. #04-1512 dated 10/2/03 Treasurers Certification dated 11/ 10/03 Title Report from Alliance Title dated 10 / 30 / 03 Location Map Copy of final plat of lots C: Larsen Engineering and Surveying, P.O. Box 2071, Kalispell, MT 59903 Lazy P. Inc., 320 N. Foys Lake Rd., Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \REPORTS \KALISPELL\03 \KWP3-06LTR.DOC OFFICETRI-CITY PLANNING REPORTSTAFF KWP-03-6 REVIEW AND FINDINGS OF NOVEMBER 25, 2003 A report to the Kalispell City Council for findings of fact for a two lot commercial subdivision. Preliminary plat approval for this minor subdivision was waived on August 4, 2003, subject to several conditions. BACKGROUND: This is a two lot commercial subdivision which will create an additional parcel on the southwest corner of Third Avenue East and 14th Street East. The property is zoned B-2, General Commercial. A. Applicant: Lazy P. Inc. 320 N. Foys Lake Road Kalispell, MT 59901 (406) 755-9229 Technical Assistance: Larsen Engineering and Surveying P.O. Box 2071 Kalispell, MT 59903 (406) 752-7808 B. Location: The property is located on the southwest corner of Third Avenue East and 14th Street East. The property address is 1404 Third Ave East. The parcel contains approximately 14,375 square feet (0.33 of an acre) and can be described as Assessors Tract 5-13 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C Total area: 0.33 acre (14,375 square feet) Lot 1: 0.163 acre (7,100 square feet) Lot 2: 0.163 acre (7,100 square feet) A. Existing and Adjacent Land Uses: Currently this property is undeveloped. There is a mix of uses in the area with apartment buildings directly to the south and east, single family residences to the north, commercial to the west B. Zoning: The property is zoned B-2, General Commercial, which allows for a broad range of commercial uses. This zoning district has a minimum lot width requirement of 70 feet and a minimum lot size requirement of 7,000 square feet. The property is intended to be developed with professional offices and occupied by the current owner. C. Relation to Growth Policy: The property is anticipated to be developed commercial according to the Kalispell Growth Policy Plan. The existing B-2 zoning and the proposed uses for the site comply with the anticipated development for the area. G. Utilities: Water and Sewer: Electricity: Telephone: School: Police: Fire Protection: City of Kalispell Flathead Electric Coop CenturyTel School District #5, Kalispell City of Kalispell City of Kalispell This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected the significantly impact the service provided by the district. A fire hydrant is to the northeast of this property at the intersection of Third and 14th. Vegetation and topography: The property is relatively flat and has a few older trees that are overgrown and will likely be pruned or removed when the property is developed. E. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped big game habitat winter range and does not provide habitat to significant wildlife other than some birds and small animals with occasional deer in the area. C. Effects on the Natural Environment: The subdivision will be served by City of Kalispell water and sewer minimizing impacts to groundwater. There is no surface water or ground water in the area that can be anticipated to be impacted when this property is developed. Any impacts on the natural environment related to this subdivision will be insignificant. D. Effects on Local Services: Sewer and Water: The City of Kalispell will provide water and sewer service to the buildings once developed. There are existing water an sewer mains directly accessible to the site and no new water or sewer mains will be needed to be extended to service this property. The property will be connected to these utilities at the time of development. Access and Roads: Access to the site can be obtained directly from either Third Avenue East or from 14th Street East. These are developed streets that are owned and maintained by the City of Kalispell. This property will likely be developed into professional offices and will maintain regular office hours during the day. The impacts to the roadways in the area will be minimal. There are 2 10 no sidewalks adjacent to this property. A note has been placed on the face of the final plat waiving the protest to a special improvement district. Additionally, at the time of the development of the property, the development proposal will go before the site development review committee which may require that all or a portion of the sidewalks be put in place at the time of development if deemed appropriate. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is commercial in nature and will have no impacts on the enrollment of the school district. Parks: Parkland dedication is not required for commercial subdivisions. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Refuse disposal will be provided by the City of Kalispell. The proposed subdivision is not expected to impact the landfill. Medical Services: Emergency medical service is provided by the Kalispell Regional Hospital; Ambulance and Life Flight services are also available. Effects on Agriculture: This subdivision is in the urban area of Kalispell and the area has been developed to an urban density. This property has not been used for agricultural purposes in the past and will have no effect on agricultural activities in the Valley. Compliance with the Kalispell Subdivision Regulations This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.06 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there is no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental wildlife and wildlife habitat and the public health and safety. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. Compliance with the Kalispell Zoning Ordinance: This subdivision complies with the minimum lot size and lot width requirements of the B-2, General 3 Business zoning district. At the time of development this property will be required to be developed in accordance with the Kalispell Zoning Regulations including setback, parking, height limitation and any other applicable development standards. The subdivision complies with the zoning for the property. 11"ADIODMIO• Staff recommends that the Kalispell City Council adopt Staff Report KWP-03-6 as findings -of -fact for the proposed subdivision and approve the final plat. REPORTS\2003 \KALSPELL\KWP03-6 LARSEN ENGINEERING & SURVEYING, INC.,P.C. 780 Two Mile Drive P.O. Box 2071 Kalispell, MT 59903-2071 November 11, 2003 ) Tri-City Planning Office 17 Second St. East, Suite 211 Kalispell, MT 59901 Re: Circle of Stone Subdivision Final Plat Application(Pat Young) Dear Sir or Madam: Tele (406) 752-7808 Fax (406) 257-4051 E-mail: jlarsen@centurytel.net Attached with this letter is the Final Plat application and required attachments for the above referenced project. Following is an item by item listing of how each condition of approval was handled. 1. No comment. 2. Note is placed on Final Plat. "I I A copy of original D.E.Q. approval is attached. 4. No comment. If you have any comments or questions, please call me at 752-7808. Very ruly yours, Ardis M. Larsen k:dk rq ­CE TRf-j"M Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: .;0. .0• Project Name: C.�/r'L'L.� �i✓ Skll— 1;"t-6d1 Vi -U Contact Person: Address: s obox • - No.: Owner 8v Mailing Address: t m, t i a _ t / .[III it r Date of Preliminary Plat Approval: Type of Subdivision: Residential X Industrial Commercial PUD Other No. of Lots Proposed 21 Parkland (acres) Land in Project (ac.) Cash -in -Lieu $ Exempt ✓ FILLING FEE ATTACHED $ LD Minor Subdivision with approved preliminary plat $300 + $30/lot Major Subdivision with approved preliminary plat $500 + $30/lot Subdivisions with Waiver of Preliminary Plat $500 + $30/lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (MUST CHECK ONE) ✓ Health Department Certification (Original) ✓ Title Report (Original, not more than 90 days old) d/ Tax Certification (Property taxes must be paid)l) ✓` Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) ✓ Parkland Cash -in -Lieu (Check attached) Maintenance Agreement ✓ Plats: 1 opaque OR 2 Mylars 1 Mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. "NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision canal plat applications be accompanied with a digital copy. Owners) Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system As approved by the TCPB, Effective 5 / 1 / 03 2 Planning Office 17 Second Street East -Suite 211 Kalispell, Montana ..0 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity(iz�,centurytel.net www.tricityplanning-mt.com August 4, 2003 Larsen Engineering and Surveying P.O. Box 2071 Kalispell, MT 59903-2071 Re: Waiver of Preliminary Plat Approval - Tract 5-13 in S 17, T28N, R21W Dear Jeff and Ardis: This letter is in response to your request for waiver of preliminary plat approval on behalf of your client Pat Young for a two lot commercial subdivision. The property is located on the southwest corner of the intersection of 3rd Avenue East and 14th Street in the City of Kalispell. The tract contains approximately 14,200 square feet. Each of the two lots will contain approximately 7,100 square feet. The property is zoned B-2, General Business with a minimum lot size of 7,000 square feet. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under Section 2.06 of the Kalispell Subdivision Regulations. Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. Due to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval subject to the following conditions: 1. That the final plat is in substantial compliance with the preliminary plat that was waived. 2. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district to upgrade 3rd Avenue East and 14th Street. 3. A certificate of subdivision plat approval be obtained from the Montana Department of Environmental Quality. 4. This waiver of preliminary plat approval is valid for three years and will expire on August 4, 2006. Providing Community Planning Assistance To: ® City of Columbia Falls ® City of Kalispell ® City of Whitefish Waiver of Preliminary Plat - Tract 5-13 in S 17, T28N, R21 W August 4, 2003 Page 2 of 2 Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval, all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please contact this office. Sincerely, "NI 1 4&75�- Thomas R. Jentz Planning Director TJ/ sm LETTERS \WAIVEPP\03 \YOUNG Montana Department of �NVMONMENTALQUAIJTY Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us October 2, 2003 Larsen Engineering & Surveying Inc PO Box 2071 Kalispell MT 59903 Dear Sir or Madam: RE: Circle of Stone Subdivision Municipal Facilities Exclusion EQ#04-1512 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-124, MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 176-4-111 (3), MCA). Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Water Protection Bureau, Kalispell Office for their review. Sincerely, Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jkkaarland@state.mt.us cc: City Engineer, City of Kalispell County Sanitarian file Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division Plat Rnr,,i Flathead County, Mmitana 800 S. Main `�t. I:alispell, MT 59rInj (406) 758-5510 This Form is for Subdivisions & Condominiums Only FOR:j.�^.ATE DESCP: 0' �zC I JT% t C PURPOSE YEARS ASSESSOR # 1999 TI IRU _��'C_<_'< & TO DATE I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicarFrl f'ir each assessor number. Depw y Treasurer (seal) NOV 10 =3 TICOR TITLE INSURANCE COMPANY Policy No. 7403078- 1005 GUARANTEE TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, guarantees the Assured against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR FURTHER INFORMATION AS TO THE AVAILABILITY AND COST. Dated: ) d `-5D -ZDO3 Authorized Signatory TICOR TITLE INSURANCE COMPANY By 7 Attest �F President Secretary Reorder Form No. 8993 (Reprinted 12/00) Miscellaneous Guarantee Face Page For Use In Montana & Washington Guarantee No.: 7403078-1005 Order No.: 206039482 Liability: 1,000.00 Fee: $150.00 Effective Date of Guarantee: August 6, 2003 at 7:30 AM The Assurances referred to on the face page hereof are: That, according to the Company's property records relative to the following described real property (but without examination of those Company records maintained and indexed by name): A Tract of land situate, lying and being in the SW1/4 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and more particularly described as follows: Commencing at the Southeast corner of Block 251 of Kalispell Townsite Company's Addition No. 7 to Kalispell, Montana, a map or plat on file in the office of Flathead County Clerk and Recorder; thence South 1214'41" East, 66.00 feet to the intersection of the South right of way of 141h Street East and the West right of way of 3H Avenue East, said point is the True Point of Beginning of the Tract of land begin described; thence South 12°14'54" East, 99.87 feet to the Northeast corner of Parcel 1 of C.O.S. 14878; thence South 77°42'37" West, 141.84 feet to the Northwest corner of said Parcel 1; thence North 12°14'28" West, 99.91 feet to the South right of way of 14th Street East; thence North 77°43'34" East, 141.83 feet to the Point of Beginning. The above described property shall be known as the Circle of Stone Subdivision. Title to said real property is vested in: Lazy P. Inc. Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. EXCEPTIONS: 1. 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. 2. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, Tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. 4. Taxes including any assessments collected therewith, for the year 2002 for which the first installment is paid and the second installment is delinquent. 5. Taxes, including any assessments collected therewith, for the year 2003 which are a lien not yet payable. 6. Taxes, Charges and Assessments not yet certified to the County for collection. 7. Any right, title or interest to all minerals in or under said land including, but not limited to metals, oil, gas, coal, stone, and mineral rights, mining rights and easement rights or other matters relating thereto, whether expressed or implied. 8. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat Approval, to be recorded with the Plat of Circle of Stone Subdivision, of Official Records. 9. Easements, reservations, restrictions, notes and/or dedications as shown on the preliminary plat of Circle of Stone Subdivision. 10. NOTE: The above described property appears to be in the Kalispell Fire District. >>LUT<< »1cc 800 S MT'1 ST, KALISPELL MT 59901-540. 406-758-5680 Statement of Taxes Due for Assessor Number >>0770065<< as of 10/17/2003 beginning with tax year > << Print? >> Tax Schl Inst Taxbill Tax Amount Penalty Interest thru Total Due By Year Dist Number Due >>200310310 Installment 2002 75 2 200240854 485.01 9.70 20.33 515.04 Total Amounts Due 17 28 21 TR 5-13 IN SW4SW 00 00 00 Termid 414 Inquiry by ALLIANCE Comment - 9.70 20.33 '42�1 1 c ?50 O �1�761061'f �33 33 331 old —� p CR y7rA5 \ m y old for the old PAHL,= licThis plat prop O.-W ACRE purpose 01 ,.,y for a, survey.. ii any , ` _ At.'LIANCE LTA 4c"s- Cel E. 946 331 N cr N Li � Q City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 December 2, 2003 Lazy P. Inc. 320 N. Foys Lake Road Kalispell, MT 59901 Re: Final Plat - Circle of Stone Subdivision Dear Sirs: The final plat for the Circle of Stone Subdivision was approved by the Kalispell City Council at its regular meeting last evening. Enclosed is a copy of Resolution 4854 for your files If you need additional information, please don't hesitate to contact me. Sincerely, Theresa White City Clerk Enclosure: Resolution 4854 Cc: Jeff H. Larsen, Larsen Engineering & Surveying, P.O. Box 2071, Kalispell, MT 59903 Tom Jentz, TCPO, 17 2nd Street East, Suite 211, Kalispell, MT 59901