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Staff Report/Final PlatREPORT TO: FROM: SUBJECT: City of Kalispell Planning Department 17 - 2" d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner James H. Patrick, City Manager Final Plat Approval of Hold `Em Subdivision MEETING DATE; December 5, 2005 BACKGROUND: This is a request for final plat approval of a subdivision that creates two residential lots; one which accommodates an existing single family dwelling and the other which has a detached garage but will also be developed with another dwelling at some point in the future. Preliminary plat approval for this subdivision was waived on August 22, 2005 subject to conditions. This property is located on the west side of Fifth Avenue West between 14+h Street West and 18th Street West. The existing lot contains approximately Proposed Lot 1 will contain approximately contain approximately 7,916 square feet. garage on proposed Lot 2. 0.420of an acre or 18,295 square feet. 10,373 square feet and proposed Lot 2 will There is a house on proposed Lot 1 and a This property is zoned RA-1, a Low Density Residential Apartment zoning district which has a minimum lot width of 60 feet and a minimum lot size of 6,000 square feet. The RA-1 zoning for the property allows single family and duplex dwellings as permitted uses and is the primary use anticipated in this district. The subdivision complies with the zoning for the property. Our office waived the preliminary plat 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: Findings of fact for approval of the plat are found in attached staff report KWP-05-6 which reviews the conditions of approval and a how they have been met. RECOMMENDATION: A motion to adopt the findings of fact in the staff report and approve the resolution for the final plat would be in order. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Final Plat for Hold Em Subdivision November 22, 2005 Page 2 Respectfully submitted -1"44 14 , kk� Narda A. Wi son Senior Planner Report compiled: November 22, 2005 c: Theresa White, Kalispell City Clerk ames H. atrick City Manager attachments: Transmittal letter and application Staff report KWP-05-6 Plats H: \REPORTS\... \KWP05-6.DOC City of Kalispell Planning Department 17 - 2❑d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com November 23, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval for Hold `Em Subdivision Dear Jim: Our office has received an application for final plat approval from Smith Surveying on behalf of Lisa M. Salmon for a two lot residential subdivision. This subdivision creates two residential lots; one which accommodates an existing single family dwelling and the other which has a detached garage but will also be developed with another dwelling at some point in the future. Preliminary plat approval for this subdivision was waived on August 22, 2005 subject to conditions. This property is located on the west side of Fifth Avenue West between 14th Street West and 18th Street West. The existing lot contains approximately 0.420of an acre or 18,295 square feet. Proposed Lot 1 will contain approximately 10,373 square feet and proposed Lot 2 will contain approximately 7,916 square feet. There is a house on proposed Lot 1 and a garage on proposed Lot 2. This property is zoned RA-1, a Low Density Residential Apartment zoning district which has a minimum lot width of 60 feet and a minimum lot size of 6,000 square feet. The property can be described as Assessors Tract 5-1 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. This area is primarily residential in character. The RA-1 zoning for the property allows single family and duplex dwellings as permitted uses and is the primary use anticipated in this district. The subdivision complies with the zoning for the property. Our office waived the preliminary plat 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. Hold `Em Subdivision Final Plat November 23, 2005 Page 2 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 the attached staff report KWP-05-5 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 final plat 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 for the future upgrade of streets in the area to city standards. • This condition has been met. The required note has been placed on the face of the final plat. Condition No. 3. The final plat shall indicate the location of existing buildings and demonstrate that compliance with the development standards of the R-4 zoning district have been met. • This condition has been met. The location of the existing building have been indicated on the final plat and comply with the setbacks of the zoning district Condition No. 4. A municipal facilities exemption be obtained from the Montana Department of Environmental Quality. • This condition has been met. The required letters from MDEQ and the City of Kalispell have been submitted with the final plat application. Condition No. S. This waiver of preliminary plat approval is valid for three years and will expire on August 22, 2008. • This condition has been met. The final plat has been submitted prior to expiration of the waiver. Hold `Em Subdivision Final Plat November 23, 2005 Page 3 The final plat is in substantial compliance with the preliminary plat which was reviewed and approved. • : 101 L • • This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the R-4, Two Family Residential, zoning designation assigned to the property. M Ci OPOES) ft 0 k� 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-05-6 as findings of fact and approve the final plat for the subdivision. Please schedule this matter for the next regular city council meeting of December 5, 2005. You may call me at (406) 751-1850 if you have any questions regarding this subdivision. Sincerely, Ad 4a A. ilson Senior Planner Attachments: Vicinity map 1 opaque mylar 1 reproducible mylar 1 paper copy Staff Report KWP-05-6 Final plat application Letter from KPD for pre plat waiver dated 8/22/05 DEQ approval #E.Q. #06-01533 dated 9/23/05 Ltr from KPW dated 8/26/05 Ltr from KPW dated 8/26/05 Treasurers Certification dated 11 / 28 / 05 Title Report from Flathead Title Company dated 10/25/05 Consent to plat dated 11 / 16 / 05 Consent to plat dated 11/29/05 Hold `Em Subdivision Final Plat November 23, 2005 Page 4 C: Smith Surveying, 291 Third Ave EN, Kalispell, MT 59901 Lisa M. Salmon, 1502 Fifth Ave East, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \ FRDO \REPORTS\ KALISPEL\ KWP\ 0 5 \ KWP-05-61tr. DOC i • r �'w ismi STAFF REPORT • REVIEW AND FINDINGS OF FACT NOVEMBER 23, 2005 This is 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 August 22, 2005 subject to five conditions. BACKGROUND: This is a residential subdivision that creates two lots. There is a lot to accommodate the existing single family residence which will remain and another lot with a garage that will also remain with the newly crated lot being developed with a dwelling at some point in the future. This is zoned RA-1, Low Density Residential Apartment. A. Applicant: Lisa M. Salmon 1502 Fifth Ave East Kalispell, MT 59901 Technical Assistance: Smith Surveying 291 Third Ave EN Kalispell, MT 59901 (406) 257-4323 S. Location: The property is located on the east side of This property is located on the west side of Fifth Avenue West between 14th Street West and 18th Street West. It can be described as Assessors Tract 5-1 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Size: Total area: 0.420 of an acre Lot 1: 0.238 of an acre (10,373 square feet) Lot 2: 0.182 of an acre (7,916 square feet) E. Existing and Adjacent Land Uses: Currently this property is developed with a single family dwelling on proposed Lot 1 that will remain. There is also an existing garage on proposed Lot 2 that will also likely remain. The area is primarily single family dwellings with some duplex and multi -family dwellings in the area. C. Zoning: This property is zoned RA-1, a Low Density Residential Apartment zoning district which has a minimum lot width of 60 feet and a minimum lot size of 6,000 square feet. The RA-1 zoning for the property allows single family and duplex dwellings as permitted uses and is the primary use anticipated in this district. Multi -family dwellings are a conditionally permitted use. D. Relation to Growth Policy: The property is designated as Urban Residential in the Kalispell Growth Policy 2020. The existing RA-1 zoning and the proposed uses for the site comply with the anticipated development for the area. E. 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 north. Vegetation and topography: The property is relatively level and has some limited mature vegetation - some 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 DN Access and Roads: Access to the site can be obtained directly from Fifth Avenue East. This is an existing City street that is owned and maintained by the City of Kalispell. It is approximately 28 feet wide does not have curb, gutter or sidewalk. The impacts to the roadways in the area will be minimal. 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. 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 are 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. This subdivision complies with the minimum lot size and lot width requirements of the RA-1, Low Density Residential Apartment, zoning district. Each lot meets the minimum lot size requirement for the current and proposed uses on the property. The subdivision complies with the zoning for the property. �ZMOISM$kll•: Staff recommends that the Kalispell City Council adopt Staff Report KWP-05-6 as findings -of -fact for the proposed subdivision and approve the final plat. H:\FRDO\REPORTS\KALISPEL\KWP\05\KWP-05-5 SPRINGFIELD nw 4 f: Tri City Zoning ------- Roads Parcels Lakes ❑ County Flathead County SCALE 1 : 6,848 500 0 500 1,000 1,500 FEET 13 ittp://mg.co.flathead.mt.us/Flathead.mwf Thursday, December 01, 2005 8:51 AM City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: Hdi-A l a m 50 !SuLV r Ji_d Contact Person: Name: �_<1-AX=04 Address: A 1 .3 R, Q Q_ k) &a_c.,SPti.�.-T 4 T -'i `l t Phone No.: a(o Q51 - a_ Date of Preliminary Plat Approval: ���R Type of Subdivision: Residential .,Industrial Total Number of Lots in Subdivision 691 Land in Project (acres)D yaQ Parkland (acres) Cash -in -Lieu $. No. of Lots by Type: Single Family Townhouse Duplex Commercial Condominium Apartment Industrial Multi -Family Owner & Mailing Address: ... Commercial PUD Other Exempt _ X Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property _S�� I-LAC4KA FILING FEE ATTACHED $ Minor Subdivision with approved preliminary plat $400 + $100/lot Major Subdivision with approved preliminary plat $650 + $100/lot Subdivisions with Waiver of Preliminary Plat $600 + $100/lot Subdivision Improvements Agreement $ 50 Attached Not Applicable (MUST CHECK ONE) 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 11X17 Copy llX17 Copy **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 Kalispell Planning Department, 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 Kalispell 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. It i O er ignature 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 2 LOT 1 Lot 1, Hold'Em Subdivision, Flathead County, Montana LOT 2 Lot 2, Hold'Em Subdivision, Flathead County, Montana TOTAL PROPERTY Commencing at the intersection of the centerline of 5th Avenue East with the centerline of 14th Street East, Kalispell Townsite Addition No. Seven, records of Flathead County, Montana; thence southeasterly along said centerline of 5th Avenue East, South 13°46'52" East 333.25 feet; thence at right angles to said centerline of 5th Avenue East, South 76°13'08" West 33.00 feet to the westerly line of 5th Avenue East and the Point of Beginning; thence along said westerly line, South 13°46'52" East 122.00 feet; thence South 76°13'46" West 149.92 feet; thence North 13°46'52" West 121.97 feet; thence North 76°13'08" East 149.92 feet to the Point of Beginning, containing 0.420 acre of land. City of Kalispell Planning Department 17 Second Street East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com August 22, 2005 Jason Smith Smith Surveying & Consulting 291 Third Ave East Kalispell, MT 59901 Re: Waiver of Preliminary Plat Approval — Stan Russell Dear Jim: This letter is in response to your request for waiver of preliminary plat for a two lot residential subdivision located on the west side of Fifth Avenue East north of 18`h Street East in Kalispell. The property contains approximately 0.42 of an acre. Currently existing on the property is s single family residence on the proposed lot to the north that will contain approximately 10,800 square feet. Proposed Lot 2 will be created containing approximately 7,500 square feet where there is an existing garage. The property is zoned RA-1, Low Density Residential Apartment, which has a minimum lot width of 60 feet and a minimum lot size of 6,000 square feet. The property can be described as Assessors Tract 5-1 located in Section 17, 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 confonning 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. 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 streets in the area to City standards. 3. The final plat shall indicate the location of existing structures and demonstrate compliance with the development standards of the RA-1 zoning district. Stan Russell Subdivision Pre -Plat Waiver August 21, 2005 Page 2 4. That a municipal facilities exemption be obtained from the Montana Department of Environmental Quality. 5. This waiver of preliminary plat approval is valid for three years and will expire on August 22, 2008. 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, `/1� Thomas R. Jentz Planning Director lWA�.1 LETTERS\WAI V EPP\05\RUS SELL.DOC Montana Department of ENwRomwmnQum P.O. Box 200901 Helena, MT 59620-0901 September 23, 2005 Smith Surveying & Consulting 291 P Ave E N Kalispell MT 59901 Dear Mr Smith: Brian Schweitzer, Governor • (406) 444-2544 www.deq.mt.gov RE: Hold 'Ern Subdivision Municipal Facilities Exclusion EQ#06-1533 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 76-4-125(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. Sincerely, CL-� anet Skaarland Compliance Specialist Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@mt.gov cc: City Engineer County Sanitarian file Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division City of Kalispell Public Works Department - Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 August 26, 2005 Department of Environmental Quality Permitting and Compliance Division PWS/CSB 109 Cooperative Way, Suite 105 Kalispell, Montana 59901 Attention: Walter M. Lauder, P.E. Environmental Engineer Specialist RE: Hold `Em Subdivision Kalispell, Montana Dear Max, This letter is to confirm that the City of Kalispell has reviewed the Plat prepared by Smith Surveying and Consulting for the referenced project. The Kalispell water and sanitary sewer systems have adequate capacity to serve the project from the existing water and sewer mains within the adjacent city street right-of-way Please feel free to call if you have any questions. Sincerely, A tQ Frank Castles, P.E. Assistant City Engineer cc: Smith Surveying and Consulting u City of Kalispell Public Works Department Post ice Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 August 26, 2005 S.R. (Dick) Smith Smith Surveying and Consulting 291 Third Avenue E.N. Kalispell, MT 59901 RE: `Hold `Em"Subdivison Kalispell, Montana Dear Mr. Smith, The water and sanitary sewer facilities for the referenced project are within the adjacent city street right-of-way. The City has adequate capacity to provide water and sewer services to this project. If you have any questions, please do not hesitate to contact this office. Sincerely, Az V;S4- Frank Castles, P.E. Assistant City Engineer Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901, (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY: SMITI# FOR: SALMON DESCP: HOLD'EM SUB (Tr, $N In 17=28-21) YEARS 2000 THRU 2004 02" 6 x 4 daA ASSESSOR # 0735954 CSa�� DATE: 9/30/05 PURPOSE: SUB. I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. Deputy Treasurer (seal) NOV 2 8 2005 Form No. 1068-2 commitment NO.: rM-d9U/9 Plain Language Commitment Page 1 of 8 Flathead Count) W Title Company 120 First Ave. West/P.O. Box 188, Kalispell, MT 59901 Phone(406)755-5028 - Fax(406)755-3299 Escrow Officer: Brandi Moore Title Officer: Sheri Smith To: American Homestead Mortgage Order No.: 495 N. Main St. Kalispell, MT 59901 Attn: 3ody Your Ref: Re: Property Address: 1502 5th Ave E, Kalispell, MT 59901 COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY Agreement to Issue Policy FM-39079 We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Section 1 and 2 of Schedule B. FirstAmencan Title Insurance Company By.• " _ President Attest,• Secretary Countersigned Flathead County Title Company Form No. 1068-2 Plain Language Commitment Commitment No.: FM-39079 Page 2of8 Second COMMITMENT SCHEDULE A 1. Commitment Date : October 25, 2005 at 7:30 A.M. Pi K3 Policy or Policies to be issued: Owner's Policy Policy Amount Premium Amount Standard Owner's Policy (10/17/92) Form 1402-92 $170,000.00 $571.50 with applied credit of (Owners reissue rate) $162.50 Proposed Insured: Stephanie S. Dalerio Loan Policy Extended Loan Policy (10-17-92) Form 1056-92 136,000.00 $328.60 with applied credit of None Proposed Insured: American Homestead Mortgage, its successors and/or assigns as their respective interests may appear. (as to Lot 1) Endorsements: 100/ 116/8.1 $ 65.00 Standard Loan Policy (10-17-92) Form 1056-92 $34,000.00 $40.00 with applied credit of None Proposed Insured: American Homestead Mortgage, its successors and/or assigns as their respective interests may appear. (as to Lot 1) A fee simple interest in the land described in this Commitment is owned, at the Commitment Date by: Lisa M. Salmon, aka Lisa Marie Salmon 4. The land referred to in this Commitment is described as follows: Lots 1 and 2 of Hold 'Ern Subdivision, an unrecorded plat in our possession. The above legal description is not yet of record and cannot be used on documents conveying title until the survey has been recorded. Commonly known as: 1502 5th Ave E Kalispell, MT 59901 Corm No. lUbb-L Plain Language Commitment l.Ommitment No.: FM-.IVU/9 Page 3 of 8 The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (d) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements and exceptions. (e) Release(s) or Reconveyance(s) of items(s) . (f) If any document in the completion of this transaction is to be executed by an attorney -in -fact, the Power of Attorney must be submitted for review prior to closing. (g) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of identity, all parties. 3. Other. (h) Recordation of Subdivision plat. (i) If the land covered under this commitment has a residence that is a manufactured, modular or mobile home, with or without a permanent foundation, proof of de -titling is required, even if it is taxed as real property. Form No.1068-2 Plain language Commitment Commitment No.: FM-39079 Page 4of8 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. PART I: 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. 8. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. V] 10 2005 taxes and special assessments are a lien; amounts are determined and payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2005 $1192.18 Unpaid $1192.13 Unpaid 0735954 Taxes, charges and assessments of Kalispell Special Improvement District No. 341. Form No. 1068-2 Plain Language Commitment commitment No.: FM-39079 Page 5 of 8 11. Deed of Trust dated February 27, 2003, to secure an indebtedness in the principal sum of AMOUNT : $131,442.00, and any other amounts and/or obligations secured thereby. RECORDED : February 27, 2003, as Doc. No. 2003-058-14520, records of Flathead County, Montana. GRANTOR : Lisa M. Salmon, a married woman TRUSTEE : Citizens Title & Escrow Corp. BENEFICIARY: Montana Mortgage Company Assigned to Chase Manhattan Mortgage Corporation, by instrument recorded October 10, 2003, as Doc. No. 2003-283-11270, records of Flathead County, Montana. 12. Attorney's lien. Claimant: Paula Johnson -Gilchrist Amount: $ 4,751.30 plus interest, fees and costs as allowed by law For: unpaid attorney's fees Recorded: October 20, 2005, as Instrument No. 2005-293-08350. NOTE: The foregoing numbered exceptions (1-4 and 6) may be eliminated in an ALTA Extended or EAGLE Coverage Policy. corm No. wet$-z commitment No.: FM-39079 Plain Language Commitment Page 6 of 8 INFORMATIONAL NOTES A. As an accommodation and not part of this commitment, no liability is assumed by noting the following conveyances describing all or a part of the subject property, which have been recorded within the last 24 months: None B. Other than as shown in Schedule B; we find no Judgment Liens, State Tax Liens, Federal Tax Liens or Child Support Liens of record which attach to the name(s) or interest of the vested owner and/or proposed insured owner/borrower. Form No. 1068-2 Plain Language Commitment (Ammitment NO.: r-M-39079 Page 7 of 8 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. Form No. 1068-2 commitment NO.: FM-39U79 Plain Language Commitment Page 8 of 8 Flathead County Title Com�pany 120 First Ave. West/P.O. Box 188, Kalispell, MT 59901 Phone(406)755-5028 - Fax(406)755-3299 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fairinformation Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved SMITH SURVEYING 8z CONSULTING ?yl .3RO AVENUE hi —N. * KALISYELL, MC3T- rANA 59901 V010E: (406) 257-4323 ' FAx: (406) 756-SO02 EMAIL: SMITHSUI2VEYING@IJIGISVS.NE-1- Consent-To-Plat I, the undersigned, for the lien holder (Chase Home Finance), do hereby give consent -to -plat to Lisa M. Salmon for Hold'Em Subdivision, in the Southeast Quarter of the Southwest Quarter, Section 17, Township 28 North, Range 21 West, Principal Meridian, Flathead County, Montana. Chase Home Finance LLC successor by merger to as Ma ttan Mortgage Corporation Charita A. Raganas Asst. Vice President STATE OF FLORIDA SS. COUNTY OF HILLSBOROUGH ) November 16, 2005 Date On this 16th day of November , 2005, before me, the undersigned, a Notary Public for the State of Florida personally appeared the abovesigned, known to me that they executed the same. 1N WITNESS WHEREOF, I have hereunto set nd and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Florida PAUL M. WILLARD � �) MY COMMISSION #` DD 442524 Residing at //i1/�l.G � 6&4)1- EXPIRES: June 20, 2009 —' Bonded Thal Nolnry Public Unde wifte i OO y My commission expires Z2Ir -- ,� GPS & Photo Control Surveys - RTK Mapping & Staking - Expert Witness Testimony - Boundary Surveys ® o ATTORNEY AT LAW 6336 Highway 93 South Whitefish, Montana 59937 Telephone (406) 862-3920 D Telefax (406) 862-1447� November 29, 2005 KALISPELL PLANNING DEPARTMENT Attention: Stan, Russell Realty Executives To Whom It May Concern My client, Lisa Salmon, called and asked that I send a letter as a lien holder agreeing to a division of the real property she owns in Flathead County, Montana, on which I have an Attorney's Lien. I hereby consent to the division of property, as I know my lien will not be released by such division, and that it will be paid out of proceeds at time of closing on the property by the Title company. Please let me know if you need anything. further. Sincerer!? /% Pau PMJG:km PLAT OF HOLD 'EM SUBDIVISION PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.,M. 1' FLATHEAD COUNTY, MONTANA 1 - - \t,<kzAo '' 3 auo.e<w,.e. n,.se �.,.aarm.ima.omxw WALE wd"°"',' �' / ° umxm.mwa�.xe.. xoio•..auxwhxx, `\k� ' /' �, / � / �'� � n` m.mq.� m�aumxre.wr �� .m..aw,w•.m,..,. �e \p,3'13 38 Acce .. \ p2 gj654(u%°e4ea� LEGEND: ,rx 3' Ol82 pc[e .M% .aa..,mw..a�•.n. SMITH SURVEYING ` 1 ••�• & CONSULTING //"jj' 2913rd A,enue E. N. A� �� K2lispelA, Nlon�ane 59901 `` ������°+ •• �R�