Loading...
Staff Report/Final PlatTri-Clity Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity(a,centurytel. net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat for East View Subdivision MEETING DATE: April 5, 2004 BACKGROUND: This is a request for final plat approval for East View Subdivision, a two lot residential subdivision on approximately 0.47 of an acre located on the east side of Grandview Avenue and north of Sunnyview Lane. The property address is 81 Grandview Drive. There is one single family dwelling on the property and two outbuildings. One of the outbuildings, an apparent garage, will be located on Lot l and will be remodeled into a single family home or removed and replaced with a single family home. On Lot 2 the existing single family home and other garage will remain and the home is in the process of being remodeled and upgraded. The property is zoned R-3, Single Family Residential which has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 60 feet. Both of the newly created lots comply with the dimensional and development standards for the R-3 zoning district. Preliminary plat approval for this subdivision was waived by the Tri-City Planning Office on February 11, 2004 subject to five conditions because the subdivision meets the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations and detailed in the attached transmittal letter. The property owner has met the five conditions that are also detailed in the transmittal letter. Findings of fact are found in attached staff report KWP-04-2 which review the conditions of approval and a how they have been met. RECOMMENDATION: A motion to adopt the findings of fact in the resolution approving the final plat for East View Subdivision would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Providing Community Planning Assistance To: ® City of Columbia Falls ® City of Kalispell 9 City of Whitefish Final Plat for East View Subdivision March 31, 2004 Page 2 Respectfully submitted, 4, /'0' /' ; � � - - Narda A. ilson Senior Planner Report compiled: March 31, 2004 Attachments: Letter of transmittal t t o Chris A. Kukulski City Manager Final plat application and supporting documents REPORTS \ KALISPELL\ KW PO4-2 MEMO. DOC Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 March 31, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval for East View Subdivision Dear Chris: Our office has received an application for final plat approval from Marquardt & Marquardt Surveying on behalf of John East, for a two lot residential subdivision. Preliminary plat approval for this subdivision was waived on February 11, 2004, subject to five conditions. This property is located on the east side of Grandview Drive, north of Sunnyview Lane and will create one additional parcel to the north of the existing residence. The property address is 81 Grandview Drive and is zoned R-3, Single Family Residential. The existing lot contains approximately 20,473 square feet (0.47 of an acre) and can be described as Lot 2A of the Amended Subdivision Plat of Resubdivision of Hendrickson Addition No. 70, Subdivision No. 102, Government Lot 12 in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Currently this property is developed with a single family residence and has two outbuildings. One garage will remain with the single family home and the other will either be converted to a residence or removed and be replaced with a single family home. This is primarily a residential area with duplexes to the west and townhomes to the north and the golf course to the east and south. The property is zoned R-3, Urban Single Family Residential. This zoning district has a minimum lot width requirement of 60 feet and a minimum lot size requirement of 7,000 square feet. The newly created lots comply with the dimensional standards of the zoning district. Our office waived the preliminary plat on February 11, 2004 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: Providing Community Planning Assistance To: ® City of Kalispell ® City of Whitefish ® City of Columbia Falls Final Plat for East View Subdivision March 31, 2004 Page 2 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or private parkland. 3. All lots have legal and physical access conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Public sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations. 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. The Kalispell City Council will need to adopt findings of fact for approval found in attached staff report KWP-04-2 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 the lots and existing buildings comply with the development standards of the R-3 zoning district of the City of Kalispell. ® This condition has been met. The building and lots in the subdivision complies with the development standards of the R-3 zoning district. A detailed drawing has been provided indicating the setback between the chimney wall and common property boundary to the north. Condition No. 3. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Grandview Drive to City standards. ® This condition has been met. The required note has been placed on the face of the plat. Condition No. 4. A Certificate of Subdivision Approval be obtained from the Department of Environmental Quality and the Kalispell Public Works Department stating that municipal water and sewer service are available and will be provided to both lots. ® This condition has been met. See attached MDEQ letter dated March 15, 2004 certifying that the subdivision will be connected to municipal facilities. 2 Final Plat for East View Subdivision March 31, 2004 Page 3 Condition No. 5. This waiver of preliminary plat approval is valid for three years and shall expire on February 11, 2007. ® This condition has been met. The final plat was submitted prior to expiration of the waiver. The final plat is in substantial compliance with the preliminary plat which was reviewed and approved. This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. rO W in F.W[e) DRIA V 0 V* a 6.4 1 DWAGRI R• This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the R-3, Urban Single Family Residential 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-04-2 as findings of fact and approve the final plat for East View Subdivision. Please schedule this matter for the next regular city council meeting of April 5, 2004. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, Narda OAIson, AICP Senior Planner NW/MDC Attachments: Vicinity map 1 opaque mylar 1 reproducible mylar 1 paper copy Staff Report KWP-04-2 Ltr from Marquardt & Marquardt Surveying dated 3/22/04 3 Final Plat for East View Subdivision March 31, 2004 Page 4 Letter from TCPO for pre plat waiver dated 2 / 11 / 04 DEQ approval #E.Q. #04-2289 dated 3/ 15/04 Treasurers Certification dated 3 / 22 / 04 Title Report #460740 from First American Title dated 2/25/04 Consent to Plat from Provident Financial dated 3 / 22 / 04 Detail drawing of site showing compliance with setback Copy of final plat of lots C: Marquardt & Marquardt Surveying, 285 First Avenue EN, Kalispell, MT 59901 John East, P. O. Box 1649, Kalispell, MT 59903 Theresa White, Kalispell City Clerk H: \FRDO \REPORTS \KALISPEL\KWP\04 \KWP-04-2 ltr. DOC 4 SUBDIVISIONEAST VIEW PLANNING OFFICE REPORTSTAFF 0, r • • 2004MARCH 31, A report to the Kalispell City Council for findings of fact for a two lot residential subdivision. Preliminary plat approval for this minor subdivision was waived on February 11, 2004, subject to five conditions. BACKGROUND: This is a two lot residential subdivision in an R-3 zoning district which will create an additional parcel on the east side of Grandview Drive, north of Sunnyview Lane. The property is currently occupied by a single family home and two garages. A. Applicant: John East P. O. Box 1699 Kalispell, MT 599031 (406) 249-9941 Technical Assistance: Marquardt & Marquardt Surveying 285 First Avenue EN Kalispell, MT 59901 (406) 755-6285 B. Location: The property is located on the east side of Grandview Drive, north of Sunnyview Lane in Kalispell. The property address is 81 Grandview Drive. The parcel contains approximately 20,473 square feet (0.47 of an acre) and can be described as Lot 2A of the Amended Subdivision Plat of Resubdivision of Hendrickson Addition No. 70, Subdivision No. 102, Government Lot 12 in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County. Total area: 0.47 acre (20,473 square feet) Lot 1: 0.17 acre (7,405 square feet) Lot 2: 0.30 acre (13,068 square feet) D. Existing and Adjacent Land Uses: Currently this property is developed with a single family residence on the proposed Lot 2 (see detail drawing that demonstrates the structure and lot comply with setbacks). There is a mix of uses in the area with duplex buildings directly to the northwest, single family residences to the northeast and southwest, and a golf course to the east E. Zoning: The property is zoned R-3, Single Family Residential. This zoning district has a minimum lot width requirement of 60 feet and a minimum lot size requirement of 7,000 square feet. Both of the proposed lots are in compliance with the zoning. 1 F. Relation to Growth Policy: The property is designated as Urban Residential in the Kalispell Growth Policy 2020. The existing R-3 zoning and the proposed uses for the site comply with the anticipated development for the area. G. Utilities: Water and Sewer: Electricity: Telephone: Gas: School: Police: Fire Protection: • City of Kalispell Flathead Electric Coop CenturyTel Northwest Energy 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. A. Effects on Health and Safety: Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected to significantly impact the service provided by the district. A fire hydrant is located nearly across the street from this property to the west. Vegetation and topography: The property is relatively level and has mature vegetation and landscape that will likely remain. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped in 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 property and currently serves the existing residence. It will serve the new residence as well once developed. There are existing water and sewer mains directly accessible to the site and no new water or sewer mains will be needed to be extended to service this property. 2 Access and Roads: Access to the site can be obtained directly from Grandview Drive. This is an existing City street that is owned and maintained by the City of Kalispell. Due to the substandard nature of the street, this office has required the applicant waive the right to protest the creation of an SID to improve the roadway at some point in the future. The additional lot will be developed with a single family residence. The impacts to the roadways in the area will be minimal. There are no sidewalks adjacent to this property. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is residential in nature and will have limited impacts on the enrollment of the school district and may result in one additional school aged child being enrolled in the district. Parks: Parkland dedication is not required for minor subdivisions. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Refuse disposal 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. E. 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. F. 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. G. Compliance with the Kalispell Zoning Ordinance: This subdivision complies with the minimum lot size and lot width requirements of the R-3, Single Family Residential zoning district. Additionally, the existing home and accessory structures on the property comply with the required setbacks of the R-3 zoning district. At the time the other lot is developed, it will be required to be developed in accordance with the Kalispell Zoning Regulations. The subdivision complies with the zoning for the property. IZADWONVII► ., • Staff recommends that the Kalispell City Council adopt Staff Report KWP-04-2 as findings -of -fact for the proposed subdivision and approve the final plat. H:\FRDO\REPORTS\KALISPEL\KWP\04\KWP-04-2 East View.DOC MDC 4 ri-CityPlanning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 February 11, 2004 John J. East P.O. Box 1649 Kalispell, MT 59903 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net Re: Waiver of Preliminary Plat Approval - Lot 2A of the Amended Subdivision Plat of Resubdivision of Hendrickson Addition No. 70 Dear John: This letter is in response to your request for waiver of preliminary plat approval for a two lot residential subdivision located on the east side of Grandview Drive in Kalispell. The entire parcel is approximately 0.466 of an acre and contains a single family home and two garages currently on site. You propose creating two lots with this property, one with the existing house and garage to the south and one to the north with the other garage that will likely be removed at the time of future construction of a single family home. The property is zoned R-3, an Urban Single Family Residential zoning district. This district has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 60 feet. The setbacks in this district are 20 feet in the front and rear and five feet on the sides. Setbacks are measured from the property boundary to the eave of the building rather than the building wall. The property can be described as Lot 2A of the Amended Subdivision Plat of the Resubdivision of Hendrickson Addition No. 70 located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under Section 2.06 of the Kalispell Subdivision Regulations. Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural `eater 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: Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • Waiver of Preliminary Plat - John East February 11, 2004 Page 2 1. That the final plat is in substantial compliance with the preliminary plat that was waived. 2. That the lots and existing buildings comply with the development standards of the R-3 zoning district of the City of Kalispell. 3. That a note be place on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Grandview Drive to City standards. 4. A certificate of subdivision plat approval be obtained from the Montana Department of Environmental Quality and the Kalispell Public Works Department stating that municipal water and sewer service are available and will be provided to both lots. 5. This waiver of preliminary plat approval is valid for three years and will expire on February 11, 2007. Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval, all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please call Narda Wilson, Senior Planner, at this office. Sincerely, Thomas R. Jentz Planning Director LETTERS \ WAIVEPP\04 \ EAST.DOC wff ".om mlo I as mrAym MAHNIEW-A m JOHN EAST FINAL PLAT - EAST VIEW ESTATES A 2 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION ON .47 ACRES IN R-3; A SINGLE FAMILY RESIDENTIAL DISTRICT PLOT DATE: 3/25/04 FILE # KWP-04-2 SCALE 1 1 Z'50' H:\gis\site\kwp04-2.dwg 2851 st AVE, E,N. P r ua rdt 8( KALISPELL, MONTANA 59901 (406) 755-6285 -Marquardt Fax (406) 755-3055 purveying, Inc. March 22, 2004 Tri-City Planning Office 17 Second St. East Suite 211 Kalispell, MT 59901 Re: East View Subdivision, Sections 6, Township 28 North, Range 21 West, P.M., M., Flathead County, Montana. Enclosed is the Final Plat application for East View Subdivision. Waiver of Preliminary plat approval was granted on February 11, 2004. The conditions of approval have been met as follows: 1. That the final plat is in substantial compliance with the preliminary plat that was waived. The subdivision is in conformance with the approved preliminary plat. 2. That the lots and existing buildings comply with the development standards of the R-3 zoning district of the City of Kalispell. A copy of the R-3 zoning regulations are enclosed and the existing buildings comply with these regulations. 3. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Grandview Drive to City standards. The note has been placed on the final plat. 4. A certificate of subdivision plat approval be obtained from the Montana Department of Environmental Quality and the Kalispell Public Works Department stating that municipal water and sewer service are available and will be provided to both lots. The approval is enclosed. 5. This waiver of preliminary plat approval is valid for three years and will expire on February 11, 2007. The plat is being filed within the allotted time. If you have any question please do not hesitate to call our office. Sincerely, Debbie Shoemaker Marquardt & Marquardt Surveying, Inc. Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 KALISPELL /' WHITEFISH • COLUMBIA FALLS Project /Subdivision Name: C� L�� Contact Person: Name: n Gt r,r c farA,,CAr Address:�(5�r,a �z �l Phone No.: 7J e Date of Preliminary Plat Approval: Owner & Mailing Address: Type of Subdivision: Residential / Industrial Commercial No. of Lots Proposed Parkland (acres) Land in Project (ac.) � 41 Z Cash -in -Lieu Exempt FILLING FEE ATTACHED $ L 13-t). 06 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement Attached Not Applicable (MUST CHECK ONE) PUD Other $400 + $40/lot $650 + $40/lot $600 + $40/lot $ 50 Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) 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 final plat applications be accompanied with a digital copy. ' - M,14 Qo wne(s)-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 3/ 15/04 2 Montana Department of JUNVMONM MAL Q A.LITY Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us March 15, 2004 Marquardt & Marquardt Surveying hzc 285 1" Ave EN Kalispell MT 59901 Dear Sir or Madam: RE: East View Subdivision Municipal Facilities Exclusion EQ#04-2289 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. Under 76-4-125(2)(d) MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to 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 Public Water Supply, Kalispell Office. Sincerely, Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us cc: City Engineer County Sanitarian file Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division . Remediation Division Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only Rr. (Yi"uazdl- F O R :C�- DESCP: �L-C�ZA YEARS 1999 THRU -2W3 ------- & TO DATE ASSESSOR # OS-87C93 DATE 3� / PURPOSE /4f)gL I herehy certify that there are no outstanding taxes on the property assigned the assessor ni.imbers listed above, for the years indicated for each assessor number. DeptIty'I.Treasurer AR .:.2 200 ti:ab CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, PROVIDENT FINANCIAL, INC., Beneficiary as recorded June 13, 2003, as Document No. 2003-164-14030, Flathead County, Montana, hereby consent to platting and dedication of land included in the plat of EAST VIEW SUBDIVISON. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this 2- day of % - f , 200 q-. Provident Financial, Inc. Title: STATE OF MONTANA ) ss. County of Flathead ) This i t ment was acknowledged before me on ,-!� , 20W, by „ r� , of Provident Financial, Inc.. Notary Publ c for the S to of Residing at / .5 • o My Commission expires 7 a ed 7 may., ••�� •• 03/25/2004 09:03 4067553055 MARQUARDT SURVEYIN# PAGE 02 I wFkk.� I I I t4, AMERs " Flathead County Title Company ' ¢s r c� RO Box 1,88 ,120 1st Avenue West, m Kalispell, MT 59901 (406), 755-5028 Fax: (406) 755=3299' Agent for: First American Title Insurance Company GUARANTEE �� AMERI FirstAmerican Title Insurance Company H460740 Form No. 1282 (Rev. 12/15/95) CERTIFICATE OF PLAT SUBDIVISION OR PROPOSED SUBDIVISION East View Subdivision File No. FM-35770 Policy No. H-460740 FEE: $125.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY, GUARANTEES John East FOR THE PURPOSESOF 1NG ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: Lot 2A of Amended Subdivision Plat of the Resubdivision of Hendrickson Addition No. 70, Subdivision No. 102, 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 dedicated as East View Subdivision. (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenue, and other easements offered for dedication by said Plat are: John East (2) Parties holding liens or encumbrances on the title to said lands are: A. Taxes, charges and assessments for the 2nd half of 2003, which are due and payable. B. Taxes, charges and assessments for the year 2004, a lien not yet due or payable. - continued - C. Deed of Trust dated June 13, 2003, to secure an indebtedness in the principal sum of AMOUNT $126,400.00, and any other amounts and/or obligations secured thereby. RECORDED June 13, 2003, as Doc. No. 2003-164-14030, records of Flathead County, Montana. GRANTOR John East TRUSTEE Flathead County Title Company BENEFICIARY: Provident Financial, Inc. (3) Easements, claims of easements and restriction agreements of record are: A. Easement to construct, maintain, operate and remove a gas pipeline granted to The Montana Power Company recorded June 16, 1989, as Doc. No. 89-167-13520, records of Flathead County, Montana. B. Easements, reservations, restrictions, notes and/or dedications as shown on the unrecorded plat of East View Subdivision. We find the described property to be in Kalispell Fire District. DATED: February 25, 2004 at 8:00 a.m. A ed Signatory Subscribed and Sworn to before me this NOTARY PUBLIGMONTAANA *t NOTARIAL'-.* E Residing at Kalispell, Montana SEAL J 60 'Po MyExpires Sept 11, 2W6 Oomm. 5 J may of '1 i'lGv� C,�l , 2004. Notary ublic fo the State of Montana Residing at �iG�l,��� t,� I I wyli_ My commission expires q— I I- ZeR l i D J } L Found 5/e Rebor With Plastic cap Stamped (MARQUARDT 7328 5 ) /8 Rebar With Plastic cap s > 1 Cri O� T z r ( Record 126.43' 1 O N85°52'13"E 126.52' a up 10, . �o -T,q,� LOT 1 .�. �. W+�ri•,4 �✓ Y n 0.17 ACRE - h =L N85°44'13"E 102.06 y Z A� Found 5/8 " R. co yA uj N85°39'34 E 38.04' S Vy LOT. 2 o 'r 0.30.ACRE 3� �so 1°' L0� 6�ti�5f�r�t1 0,0, �o � - 3 Found 5/8" Rebar With Aluminum Cap L Stamped (.23435 ) 1.00' . 10' Water Line Easement 586129'25`E 100.07' ( Record 9s.70' ) 60a co Found 5/8, Rcbar . sC3 tl omb AST I Poop) W Subdivision Plat of: EAST VIEW SUBDIVISION ( Being an Amended Subdivision Plat of HiRH Lot 2 A of The Amended Subdivision Plat of z Resubdivision of Hendrickson Addition No. 70, Subdivision No. 102 ) ` Government Lot 12, Section 6, T28N R21 W, P.M., M. x Flathead County, Montana R k ...,. . LOT 16 �..b w. 0.17 ACRE I f � LOT 0.30 ACRE µme. ®Ar