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Staff Report/Final PlatCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 January 4, 2005 Montana Rental, LLC Michael Blend PO Box 7505 Kalispell, MT 59903 Dear Mr. Blend: The City Council approved the final plat for Lacie Subdivision at its regular meeting last evening. Enclosed is a copy of Resolution 4970, Please contact me if you need additional information. Sincerely, Theresa White City Clerk Cc: Rick Bredkenridge, 1405 Highway 2 West, Kalispell, MT 59901 Narda Wilson, Tri-City Planning Office, 17-2nd Street East, Suite 211, Kalispell, MT 59901 WHEREAS, Montana Rental, LLC, 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 July 14, 2004, by the Tri-City Planning Office according to Section 2.06 of the Kalispell Subdivision Regulations subject to five (5) 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-04-7) 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-04-7 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Montana Rental, LLC, for final plat approval of Lacie Subdivision in Section 18, 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 3RD DAY OF JANUARY, 2005. Pamela B. ATTEST: Mayor eresa White City Clerk Tri-City Planningice 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT: Final Plat Approval for Lacie Subdivision MEETING DATE; January 3, 2005 BACKGROUND: This is residential subdivision that creates two sublots intended for a two unit townhouse and a lot where an existing single family dwelling is located. Preliminary plat approval for this subdivision was waived on July 14, 2004 subject to five conditions. This property is located on the west side of Fifth Avenue West, north of Sunnyside Drive. The property is zoned R-4, Two Family Residential. The existing lot contains approximately 0.48 of an acre or 20,202 square feet. The property address is 1440 Fifth Avenue West and can be described as Assessor's Tract 8TC located in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana. Currently this property is developed with a single family dwelling on proposed Lot 1 at the north end of the property. This area is generally single family residential in character with some two unit townhouses and older mobile homes that have been transitioning out as land becomes more valuable in the area. The R-4 zoning for the property allows single family dwellings and duplex dwellings as permitted uses. The minimum lot size requirement in the R-4 zone is 6,000 square feet and the minimum lot width is 50 feet. The two unit townhouses are proposed on sublots that are required to have at least 2,500 square feet. All the lots in the subdivision comply with the zoning for the property. Our office waived the preliminary plat on July 14, 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. Findings of fact for approval of the plat are found in attached staff report KWP-04-7 which review the conditions of approval and a how they have been met. RECOMMENDATION: Approval of the final plat would be appropriate. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Final Plat for Lacie Subdivision December 28, 2004 Page 2 Respectfully submitted Narda A. Wilson Senior Planner Report compiled: December 28, 2004 c: Theresa White, Kalispell City Clerk es H. Patrick City Manager attachments: Transmittal letter and application Staff report KWP-04-7 Plats H: \REPORTS\... \KWP04-7.DOC Tri-City PlanningOffice 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 December 28, 2004 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval for Lacie Subdivision Dear Jim: Our office has received an application for final plat approval from local surveyor Rick Breckenridge on behalf of Montana Rentals LLC, for a residential subdivision that contains two sublots intended for a two unit townhouse and a lot where an existing single family dwelling is located. Preliminary plat approval for this subdivision was waived on July 14, 2004 subject to five conditions. This property is located on the west side of Fifth Avenue West, north of Sunnyside Drive. The property is zoned R-4, Two Family Residential. The existing lot contains approximately 0.48 of an acre or 20,202 square feet. The property address is 1440 Fifth Avenue West and can be described as Assessor's Tract 8TC located in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana. Currently this property is developed with a single family dwelling on proposed Lot 1 at the north end of the property. This area is generally single family residential in character with some two unit townhouses and older mobile homes that have been transitioning out as land becomes more valuable in the area. The R-4 zoning for the property allows single family dwellings and duplex dwellings as permitted uses. The minimum lot size requirement in the R-4 zone is 6,000 square feet and the minimum lot width is 50 feet. The two unit townhouses are proposed on sublots that are required to have at least 2,500 square feet. All the lots in the subdivision comply with the zoning for the property. Our office waived the preliminary plat on July 14, 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 Lacie Subdivision December 28, 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-04-7 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 lots in the subdivision comply substantially 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 Fifth Avenue West and Sunnyside Drive to City standards. • This condition has been met. The required note has been placed on the face of the plat and will be recorded with the plat. Condition No. 3. A municipal facilities exemption be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer are available and will be provided to the lots. • This condition has been met. See attached MDEQ letter dated October 15, 2004 certifying the subdivision will be connected to municipal facilities. Condition No. 4. The newly created lots comply with the standards of the R-4 zoning district. • This condition has been met. The lots comply with the zoning and development standards of the R-4 district. Condition No. 5. This waiver of preliminary plat approval is valid for three years and shall expire on July 14, 2007. 2 Final Plat for Lacie Subdivision December 28, 2004 Page 3 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 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. 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-04-7 as findings of fact and approve the final plat for Lacie Subdivision. Please schedule this matter for the next regular city council meeting of January 3, 2005. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, -- Aolq-"'X� Narda A. Wilson, AICP Senior Planner NW/ Attachments: Vicinity map 1 opaque mylar 1 reproducible mylar 1 paper copy Staff Report KWP-04-7 Final plat application received 11/22/04 Letter from TCPO for pre plat waiver dated 7 / 14 / 04 DEQ approval #E.Q. #05-1641 dated 10/ 15/04 Treasurers Certification dated 11 / 19 / 04 3 Final Plat for Lacie Subdivision December 28, 2004 Page 4 Title Report from Stewart Title dated 9/20/04 Consent to Plat from Whitefish Credit Union dated 10/20/04 Copy of final plat of lots C: Rick Breckenridge, 1405 Hwy 2 West, Kalispell, MT 59901 Montana Rentals, LLC; P.O. Box 7505, Kalispell, MT 59903 Theresa White, Kalispell City Clerk H: \FRDO \REPORTS \KALISPEL\KWP\04 \KWP-04-7 ltr. DOC 4 61IDN-31MI)VAMONN • DECEMBER 28, 2004 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 July 14, 2004 subject to five conditions. BACKGROUND: This is a residential subdivision that creates two sublots for a two unit townhouse and another lot to accommodate the existing single family residence for a total of three lots. The existing single family residence will remain. A. Applicant: Montana Rental, LLC Michael Blend P.O. Box 7505 Kalispell, MT 59903 Technical Assistance: Rick Breckenridge 1405 Hwy 2 West Kalispell, MT 59901 (406) 755-3208 B. Location: The property is located on the west side of Fifth Avenue West, north of Sunnyside Drive. The property address is 1440 Fifth Avenue West and can be described as Assessor's Tract 8TC located in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana, Flathead County. C. Size: Total area: 0.48 acre (20,909 square feet) Lot 1: 10,454 square feet Lot 2A: 5,227 square feet Lot 2B: 5,227 square feet D. Existing and Adjacent Land Uses: Currently this property is developed with a single family dwelling on proposed Lot 1 that will be conveyed separately as a result of this subdivision. The area is a mix of single family dwellings, two unit townhouses and some older mobile homes that have been transitioning out. E. Zoning: The property is zoned R-4, Two Family Residential. This zoning district has a minimum lot width requirement of 50 feet and a minimum lot size requirement of 6,000 square feet. The proposed lots are in compliance with the zoning. F. Relation to Growth Policy: The property is designated as Urban Residential in the Kalispell Growth Policy 2020. The existing R-4 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: OB31 15 • • 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 east. 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. Access and Roads: Access to the site can be obtained directly from Fifth Avenue West. This is an existing City street that is owned and maintained by the City of Kalispell. It is approximately 24 to 28 feet wide and does not have a curb or sidewalk. Due to the substandard nature of the street, this city council 2 required the waiver to protest the creation of an SID to improve the roadway at some point in the future when the conditional use permit was granted. The additional lots will be developed with a two unit townhouse. 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. 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 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. G. Compliance with the Kalispell Zoning Ordinance: This subdivision complies with the minimum lot size and lot width requirements of the R-4, Two Family Residential, 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. Staff recommends that the Kalispell City Council adopt Staff Report KWP-04-7 as findings -of -fact for the proposed subdivision and approve the final plat. H:\FRDO\REPORTS\KALISPEL\KWP\04\KWP-04-7 LACIE SUB.DOC nw Tri-City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net July 14, 2004 Rick Breckenridge Montana Mapping Associates, Inc. 115 Valley View Drive Kalispell, MT 59901 Re. Waiver "of Preliminary Plat Approval - Lacie Subdivision Dear Rick: This letter is in response to your request for waiver of preliminary plat approval for a two lot subdivision located on the west side of Fifth Avenue West in Kalispell. There is currently a dwelling on the property that will be removed for the purpose of constructing duplexes on the newly created lots. This property is zoned R-4, Two Family Residential. The R-4 district has a minimum lot size requirement of 6,000 square feet and a minimum lot width of 50 feet. The setbacks in this district are 15 feet in the front, 10 feet in the rear, five feet on the sides and 15 feet on a side corner. The property can be described as Assessors Tract 8TC and is located in Section 18, 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) thaL the lots have legal and physical access con oiiiii-r1g to the subdi ision regulations, (4) each lot has a suitable building site and there are no lhazard�zi present; (5) municipal ,ewer and water are adequate and in place; (6) tliai 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: That the final plat is in substantial compliance with the preliminary plat that was waived. 2. 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 Fifth Avenue West and Sunnyside Drive to City standards. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • Waiver of Preliminary Plat Lacie Subdivision July 14, 2004 Page 2 3 A municipal facilities exemption be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer service are available and will be provided to both lots. That the newly created lots comply with the standards of the R-4 zoning district. years and will expire on )proval of the subdivision. must be met per Chapters ,re any questions regarding office. Planning Director LETTERS \WAIVEPP\04 \LACIE.DOC Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION KALISPELL WHITEFISH COLUMBIA FALLS Project /Subdivision Name: - {i`` Contact Person: Name: tc 7jt Address: l Phone No.: Date of Preliminary Plat Approval: Owner & Mailing Address: c9" A f I Type of Subdivision: Residential . Industrial Commercial PUD Other Total Number of Lots in Subdivision Land in Project (acres) _ 0 �' Parkland (acres) Cash -in -Lieu $ No. of Lots by Type: Single Family Duplex Commercial Condominium Townhouses (' Apartment Industrial Multi -Family Mobile Horne Park Exempt Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property ZMALt -C FILING FEE ATTACHED $ _ Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement $400 + $40/lot $650 + $40/lot $600 + $40/lot $ 50 1 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) Con sent(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 I IX17 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 Tri-City Planning Office, and the staff fords 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. Owner(s) Signature Da e **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 01 Montana Department of �1VMONM AL QUAI= Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us October 15, 2004 Montana Mapping Associates Rick Breckenridge 1405 Hwy 2 West Kalispell MT 59901 RE: Lacie Subdivision Municipal Facilities Exclusion EQ#05-1641 City of Kalispell Flathead County Dear Mr Breckenridge: 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 the Public Water Supply Section, Kalispell Office for their review. Sincerely, JLj"e anet 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 Consent to Platting Pursuant to Section 76-3-612, MCA, the undersigned, Whitefish Credit Union, Beneficiary, as recorded April 23, 2004, Document No. 2004-114-16080, records of Flathead County, Montana, hereby consents to platting and dedication of land included in the plat of Lacie Subdivision. IN WITNESS WBEREOF, said party had caused his name to be subscribed thereto, on this r�•y { day of Oc-+� (�--r- , 2004. Union State of u-�Zu ss. County of On this &o G day of �� �- G�v- , 2004, before me the undersigned, a Notary Public for the State of Crko v�4-wU w personally appeared known to me to be the person whose name is subscribed to this instrument, and acknowledged that they executed the same. In witness whereof; I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above written. /1 Notary bli R Residing a My commission Plat. Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY: VPU, FOR: M DATE ''1 2:210 DESCP: L—&c,;z PURPOSE C-."r,, . g 1--(- ',c-�. t 8 -- YEARS ASSESSOR # 2000 THRU - a n 3 a 6,b-q __ & TO DATE D 1 o Lf 5 .s Z> 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-Tre surer (seal) 3,91M 9nU,9A V 4112 'o go& /(/ /0 , 0 ,, Z Ix 4 Ut ZI 2 PLOT DATE: 12/29/0 � W _ 0 — ei .,9 alit \ 04_7. w FINAL SUBDIVISION PLA Tof LACIESUBDIVISION 5WI14 SE 114 Section 18, T 28 N., R. 21 W., Prlaclpol Merldlcn Flothecd Counlj,, Monlofio A Al M- — Rspll, LL 0 M,,, 2004 GUARANTEE - (CLTA Form) Rev. 6/6/92 GUARANTEE 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, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT 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, stewart title guaranty company a corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage 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. rstewwl ..,..., .. . - , _' .I L Jam. ! 1 �. 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 availablility and cost. Pageararial No. 1 of G 1578- 51100 Guntee Se In writinn the (r)mnanv nlPacP addrPss it at P.O. Box 2029. Houston. Texas 77252. and refer to the printed Serial Number. Order No. STK-100873 Date of Guarantee: September 9, 2004 Liability: $1000.00 Assured: MONTANA MAPPING ASSOCIATES, INC. Assurances, given without examination of the documents listed or referred to and only to the specifically named documents and no others: Description of the land: A tract of land situated, lying and being in the Southwest Quarter of the Southeast Quarter of Section 18, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the South quarter corner of said Section 18; thence North 88°1 l'00" East a distance of 822.50 feet to a point; thence North 00°11'00" East a distance of 363.70 feet to the True Point of Beginning of the tract of land being described; thence South 88'11'00" West a distance of 170.05 feet to a 5/8" rebar; thence North 00°11'00" East a distance of 61.60 feet to a 5/8" rebar; thence North 00°l l'00" East a distance of 61.50 feet to a 5/8" rebar; thence North 881 l'00" East a distance of 170.00 feet to a 5/8" rebar; thence South 00°l l'00" West a distance of 61.50 feet to a 5/8" rebar; thence South 00°08'26" West a distance of 61.60 feet to the True Point of Beginning. The above -described tract of land is to be known and designated as the Final Subdivision Plat of Lacie Subdivision That only the hereafter named parties appear to have an interest showing in the public records affecting the land necessitating their execution of the named proposed plat or map, as follows: Montana Rentals LLC Whitefish Credit Union 1. General taxes and assessments for the year 2003 First half: $756.69 PAID Second half: $756.66 PAID Assessor No.: 75-0104550 2. General county taxes for the year 2004, which are now a lien but not yet computed or payable. 3. Easements, reservations, restrictions notes and dedications, as shown on Deed Exhibit recorded in Book 501, Page 130, records of Flathead County, Montana. 4. An easement affecting the portion of said premises and for the purposes stated herein For: pipeline for the transmission of gas In Favor of. Montana Power Company Recorded: August 10, 1962 Book/Page: 447/522 5. Terms, Conditions and Provisions contained in Fence Line Agreement Recorded: April 25, 1980 Book/Page: 690/588 6. County and/or City 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 to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the Flathead County Clerk & Recorder's Office. 7. Terms, Conditions and Provisions contained in Resolution No. 3786 (Southwest Kalispell Addition No. 211) Recorded: April 6, 1988 Instrument No: 88-097-11160 Easements, reservations, restrictions, notes and dedications as shown on the unrecorded plat of Lacie Subdivision. 9. Trust Indenture Grantor: Trustee: Beneficiary: Amount: Recorded: Instrument No: Michael Blend Citizens Title Whitefish Credit Union $115,000.00 April 23, 2004 2004-114-16070 10. Assignment of Leases and Rents Assignor: Michael Blend Lender: Whitefish Credit Union Amount: $115, 000.00 Recorded: April 23, 2004 Instrument No: 2004-114-16080 11. No examination made herein for State U.C.C.'s and/or Federal Bankruptcy's, and coverage is excluded herein. 12. Exceptions and reservations contained in Patents of record. 13. Any off record facts, encumbrances, easements or possessory claims a survey or inspection would disclose. 14. Rights of the United States of America to recover any public funds advanced under the provisions of the Hill -Burton Act or various Federal statutes relating to health. 15. Survey/Plat when recorded, must be in compliance with the provisions of the Montana Subdivision and Platting Act, 1973 (Sections 76-3-101 M.C.A.) and the regulations adopted pursuant thereto. 16. No search has been made for water rights or unpatented mining claims and liability thereon is excepted from this Certificate. 1;9-11 Do D10I 1