Loading...
CorrespondenceTo: Glen Nier City Attorney From: Dick Amerman Assistant City Engineer Date: October 26, 1999 Re: Lonepine View Estates, Request to Extend Term of Subdivision Improvement Agreement The Developer has requested a one year extension of the agreement and a reduction in the amount of required security. The Public Works Department does not object to the one year extension. All items associated with the referenced agreement have been completed with the exception of the sidewalks. As of this date, fifty percent (50%) of the sidewalks have been installed. The original estimated cost for sidewalks was $33,292.01. At 50%, the cost of installing the remaining sidewalks would be $16,646.00. The amount of financial security, equal to 125% of estimated costs, would therefore be $20,807.00. I e (lI� 0i Kalispell Incorporated 1892 Telephone (406) 758-7700 FAX (406) 758-7758 Post Office Box 1997 Kalispell, Montana Zip 59903-1997 April 1, 1997 Glenn R. Uskoski 38880 Serban Road Sandy, Oregon 97055 Re: Lonepine View Estates, Subdivision Improvement Agreement/ Escrow Agreement and Instructions Dear Mr. Uskoski: Please find enclosed executed originals of the above referenced documents. This office has filed the other originals, along with your Certificate of Deposit in the amount of $49, 115.00 with Escrow Services. Upon completion of the Escrow Agreement the original documents will be returned to the City, and assuming proper installation of all the improvements, the CD will be returned to you. This office has dispatched copies of the above referenced documents to: Vista Construction 38880 Serban Road Sandy, Oregon 97055 and Jackola Engineering P.O. Box 1134 Kalispell, MT 59903-1134 If you have any questions please contact this office. Sincerely, Glen Neier City Attorney PC: Public Works Department Douglas Rauthe Mayor Clarence W. Krepps City Manager City Council Members: Gary W. Nystul Ward I Cliff Collins Ward I Norbert F. Donahue Ward II Dale Haarr Ward 11 Jim Atkinson Ward III Lauren Granmo Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV eUlty ot Kawspen Incorporated 1892 Office of the City Attorney Telephone (406)758-7708 Glen Neier, City Attorney P.O. Box, 1997 Richard Hickel, Asst. City Attorney Kalispell MT 59903-1997 Theresa White, Legal Secretary Fax (406)758-7758 April 3, 1998 WM 9M Jim Hanz, Public Works Dire Glen Neier, City Attorney, Lonepine View Estate Escrow On January 9, 1998, this office was recipient of a memo concerning a request by Thor Jackola, P.E. to reduce the security held pursuant to a Subdivision Improvement Agreement with the City on the above referenced project. Upon receipt of your memo I contacted Mike Spring, whom I believe to be the resident representative for Vista Construction, one of the signatories to the Agreement, and asked him if he and Mr. Uskoski, the principal of Vista Construction, desired to have the security reduced. Mr. Spring indicated to me that he and Mr. Uskoski had no immediate intent to ask for a reduction in security. He further informed me, that in the event that Vista Construction desired at any time to reduce the security, Mr. Uskoski would contact this office and make the request. Please advise Mr. Jackola of the contents of this letter. I apologize for the delay in responding to your request, but I felt the matter had been resolved after I talked to Mr. Spring. Time Certificate of Demsit Financial. institution: FIRST INTERSTATE BANK, Evergreen Office 100 East Cottonwood Drive, P.O. Box 5388, Kalispell, MT 59903-5388 5000001683 Account Name: GLENN R USKOSKI BY ESCROW SERVICES AS TRUSTEE SSNtTIN: 533-30-2797 Account Number Issue Date Deposit Amount Term Maturity Date 5000001683 February 15, 2000 $20,807.00 I 182 Days August 15, 2000 Rate Information: This account is an interest bearing account. The interest rate on the account is 4.55% with an annual percentage yield of 4.60%. The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in effect until August 15, 2000. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be credited to you by mailing a check at maturity to 3880 SE SERBAN RD, SANDY, OR 97055. Balance Information: We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. We will use an interest accrual basis of 365 for each day in the year. You must maintain a minimum average daily balance of $1,000.00 too in the disclosed annual percentage yield. The average daily balance is calculated by adding the principal in the account for each day oft period and dividing that figure by the number of days in the period. Limitations: You must deposit $1,000.00 to open this account. You may'ot e additional deposits into this account. You may not make withdrawals from your account until the maturity date." .v r Time Account Information: Your account will mature ony,August 15 �pbo - if you withdraw any of the principal before the maturity date we may impose a penalty of three month's interest on amount waitjidramr.This account will automatically renew. You will have ten (10) Calendar Days after the maturity date to withdraw funds without penalty. Account Fees: The following fee applies to this account: Special Cut -Off Statement Printing: $5. Member S re a d Title�Azed Financial Institution Signer NON TRANSFERABLE - NON NEGOTIABLE I F®'C / /V k/& &&g) Aar4i��_l TIME CERTIFICATE OF DEPOSIT - 0182 Day Auto Renew CD We appreciate your decision to open a time certificate of deposit account with us. This Agreement sets forth certain conditions, rates, and rules that are specific to your Account. Each signer acknowledges that the Account Holder named has placed on deposit with the Financial Institution the Deposit Amount indicated, and has agreed to keep the funds on deposit until the Maturity Date. As used in this Agreement, the words "you", "your" or "yours" mean the Account Holder(s), the word "Account" means this Time Deposit Agreement Account and the word "Agreement" means this Time Certificate of Deposit Agreement, and the words "we", "us" and "our" mean the Financial Institution. This Account is effective as of the Issue Date and is valid as of the date we receive credit for noncash items (such as checks drawn on other financial institutions) deposited to open the Account. Deposits of foreign currency will be converted to U.S. funds as of the date of deposit and will be reflected as such on our records. INTEREST RATE. The interest rate is the annual rate of interest paid on the Account which does not reflect compounding ("Interest Rate"), and is based upon the interest accrual basis described above. AUTOMATIC RENEWAL POLICY. If the Account will automatically renew as described above, the principal amount and all paid earned interest that has not been withdrawn will automatically renew on each Maturity Date for an identical period of time as the original deposit term. Interest on renewed accounts will be calculated at the interest rate then in effect foriime deposits of that Deposit Amount and term. if you wish to withdraw funds from your Account, you must notify us during the grace period after the Maturity Date. EARLY WITHDRAWAL PENALTY. You have agreed to keep the funds on deposit until the Maturity Date of your Account. Any withdrawal of all or part of the funds from your Account prior to maturity may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if granted, the penalty as specified above will apply. Minimum Required Penalty. if you withdraw money within six (6 days after the date of deposit, the Minimum Required Penalty is seven (7) days' simple interest on the withdrawn funds. If partial early withdrawals) are permitted, we are required to impose the Minimum Required Penalty on the amount(s) withdrawn within six (6) days after each partial withdrawal. The early withdrawal penalty may be more than the Minimum Required Penalty. You pay the early withdrawal) penalty by forfeiting part of the accrued interest on the Account. if your Account has not earned enough interest, or if the interest has been paid, we take the difference from the principal amount of your Account. Exceptions. We may let you withdraw money from your Account before the Maturity Date without an early withdrawal ppenalty: (1) when one or more of you dies or is determined legally incompetent by a court or other administrative body of competent ' irisd'iction; or (2) when. the Account is an Individual Retirement Account (IRA) establised in accordance with 26 USC 408 and the money is paid wAin seven (7) days after the Account is opened; or (3) when the Account is a Keogh Plan (Keogh), if you forfeit at least the interest earned on the withdrawn funds; or (4) if the Account is an IRA or a Keogh Plan established pursuant to 26 USC 408 or 26 USC 401, when you reach age age 59 1/2 or become disabled or (5) within an applicable grace period (if any). RIGHT OF SETOFF. SubJ'ect to applicable law, we may exercise our right of setoff or security interest against any and all of your Accounts (except IRA, Keogh plan and Trust Accounts) without notice, for any liability or debt of any of you, whether joint or individual, whether direct or contingent, whether now or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, attachments, garnishments, levies, attorneys' fees, or other obligations. if the account is a joint or multiple -party account, each joint or multiple -party account holder authorizes us to exercise our right of setoff against any and all Accounts of each account holder. OTHER ACCOUNT RULES. The following rules also apply to the Account. Surrender of Instrument. We may require you to endorse and surrender this Agreement to us when you withdraw funds, transfer or close your Account. If you lose this Agreement, you agree to sign any affidavit of lost instrument, or other Agreement we may require, and agree to hold us harmless from liability, prior to our honoring your withdrawal or request. Death of Account Holder. Each Account Holder agrees to notify us immediately upon the death of any other Account Holder. You agree that we may hold the funds in your Account until we have received all required documentation and instructions. Indemnity. If you. ask us to follow instructions that we believe might expose us to any claim, liability or damages, we may refuse to follow your instructions or may require a bond or other protection, including your agreement to indemnify us. Pledge. You agree not to pledge your Account without our prior consent. You may not withdraw funds from your Account until all obligations secured by your Account are satisfied. DEPOSIT PRO, Rep. U.S. Pal. 8 T,M. OFF., Ver. 8.04e (c) 2000 CFI Pro Services, Inc. All Rights Reserved. MT'- L780 _ ORIGINAL Incorporated 1892 Telephone (406) 758-7700 FAX (406) 758-7758 Post Office Box 1997 Kalispell, Montana Zip 59903-1997 February 24, 1997 TO: John Wilson, PWD FROM: Glen Neier, City Attorne RE: Lonepine View Estat s — Fo of Improvement Guarantee This office has been contacted by Thor Jackola, engineer for Lonepine View Estates. Jackola has suggested that Continental Mortgage Company of Vancouver, WA hold an escrow of $49,115.00 for the purpose of guaranteeing certain public improvements within the Lonepine View Subdivision. The Subdivision Regulations of the City of Kalispell provide a variety of methods by which a subdivider may provide a security for completion of improvements within a subdivision. The methods which may be employed consist of 1) an escrow account, 2) a letter of credit, 3) a property escrow, 4) a SID and 5) surety performance bond. Although the Subdivision Regulations do not directly speak to the issue, this office has never approved a third party surety, letter of credit, or escrow agreement with a corporation not licensed to do business in Montana. As far a I have been able to determine Continental Mortgage Company is not a Montana corporation, nor is licensed to do business in Montana. This office has, as a matter of practice in escrow agreements, required developers desiring final plat approval prior to installation of improvements to deposit sufficient funds necessary to complete said improvements with a bank, title company, or escrow services company within Kalispell, with an agreement and instructions to escrow describing the terms and conditions under which escrowed funds could be released and to whom. The City by this means is able to inspect the work as completed and promptly release funds to the contractor completing the improvements in accordance with the agreement and escrow instruction. The system has worked smoothly in the past, and I can see no reason to change the tested procedure in this case. Therefore, this office will require the developer of Lonepine View Estates Subdivision to place in escrow with a local bank, title company or escrow service company as sum Douglas Rauthe Mayor Clarence W. Krepps City Manager City Council Members: Gary W. Nystul Ward I Cliff Collins Ward I Norbert F. Donahue Ward II Dale Haarr Ward II Jim Atkinson Ward III Lauren Granmo Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV equal to 125% of the estimated costs of constructing the improvements connected with Lonepine View Estates. The City and the developer will enter into an agreement regarding the release of the funds to contractors, with instructions to escrow. If you have any questions please contact me. pc. City Manager Thor Jackola "IneeNng Con" February 19, 1997 Mr. Glen Neier City Attorney Kalispell, MT 59901 RE: Final Plat Escrow Agreement Lonepine View Estates, including Phase II Dear Mr. Neier: Per our previous phone conversation and in follow-up of a call from Ms. Narda Wilson at FRDO, I have enclosed copies of the Subdivision Improvement Agreement, Escrow Agreements, Certifica- tion of Platting and other related documentation for your review. The owner is most anxious to accomplish the final plat and initiate work activity at the site and would appreciate your review of the information. In the event of any questions, kindly contact this office. Very truly yours, / 4ho_r A Jackola, P.E. TAJ/se cc John Wilson Mailing Address: P.O. Box 1134, Kalispell, MT 59903 Location: 317 1st Avenue East phone (406) 755-3208 fax (406) 755-3218 RWIN ® Continental wmw Mortgage Company Dec 16th, 1996 City of Kalispell Dept. of Public Works Drawer 1997 Kalispell, MT 59903 RE: Lone Pine Estates, a subdivision Escrow Account number: LL757-N Dear Sir/Madam: 2100 S.E. 164th Avenue, SOP F103 Vancouver, WA 98684-8934 Phone 360 / 753-9614 Fex 360 / 253-8239 Funds, in the amount of $49,115.01 are being held in escrow in the name of Vista Construction Inc. for the purpose of guaranteeing the completion for said items as reflected per the attached exlubit `A' in compliance with City of Kalispell specifications. Dated this 16th day of December, 1996 Vista Construction Inc. Glenn Uskoski, President Continental Savings Bank Mic ael A West, Br Mgr.NP EXHIBIT 'A' LONE PINE ESTATES Y The developer requested and has received approval to provide an escrow PLL/57-N with Continental Mortgage Company and Vista Cox)struction, Inc. for the purpose of guaranteeing the completion of the following: a) The developer has requested to install the sidewalks and handicap ramps with the construction of the homes to ifti,nimize damage and locate driveways where appropriate fdr each lot and as shown on the subdivision drawings. b) The City of Kalispell is to install street signage iri.the subdivision. c) The drainage ditch awaits the Spring runoff season to ascertain whether, ditch rock installation needs rook removal and replacement or is acceptable to the City. d.) The 50-Moot approach section on Denver Avenue at 5unnyside Drive awaits monitoring to ascertain as to whether reconstruction is necessary in the spring or is acceptable to the City. e) Replace damaged section of curb at station 14-30 on East side of Denver Avenue_ f) Adjust valve boxes and service valve boxes to City of Kalispell requfremen�s. g) A-1 Waving will install box risers to required grade iii paved areas to City of Kalispell requirements as soon as weather permits. h) At such time when it becomes visible as to seed growth and grading of disturbed areas, any non -growth and additional' required grading areas, if any, shall. be re- graded and re -seeded to assure grass cover of disturbed areas. VISTA CONSTRUCTION 4tNi—N �IUJSKOSIYK, RESIDENT CONTINENTAL"SAVINGS BANK MICHAEL A WEST, VP BR MGR Flathead County Title Company Box 188 120 1st Avenue West lK.alispeit, MT 59901 (406)755-5028 Fax (406) 755-3299 Page 1 no. 01 charges to be paid by date tilefinvoice no. rev. MISC 12/24/96 FM-19618-01 00 JACKOLA ENGINEERING buyer 755-3208 317 1st Avenue East seller Kalispell, MT 59901 Mike Spring customer order number 1property address branch Flathead Title Kalispell, Montana 59901. Flathead County, Montana Prouty typelegal description Residential MinorSubll7 L2 Lonepine Vw Ph2 THANK YOU FOR YOUR ORDER! YOUR CHARGES ARE AS FOLLOWS: Certificate of Plat 125.00 INVOICE TOTAL $ 125.00 GUARANTEE S� AML�Ic 41 First American Title Insurance Company 1 1.39512, CLTA Guarantee GUARANTEE CONDITIONS AND STIPULATIONS 1, Definition of Terms The following terms when used in this Guarantee mean: (a) "land": 'I'hc land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart constructive notice of matters relating to said land; (c) "date": the effective (late; (d) "the Assured": the party or parties named as the Assured in this Guarantee, or in ;t supplemental writing executed by the Company; (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of This Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessnteuls'which arc 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. (b) Unpatented mining claims; reservations or exceptions in pat- ents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) 'I'itle to any property 1)1eyond the lines of the land expressly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such bull abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or casements therein unless such property, rights or casements fire expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. Prosecution of Actions (a) The Company shall have tine right fit its own cost to institute and prosecute any action or proceeding or do tiny other act which ill its opinion tuayy be. necessary or desirable to establish or con- firm the matters Itereint guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases wbere the Company does so institute and prosecute any action or procec(ling, life Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever re((uested by the Company, the Assured shall give the Contpfuty all reasonable aid in prosecuting such action or pro- ceeding, and the Company shall reimburse the Assured for any expense so incurred. ' 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed lilt Company is liable under this Guarantee shall be fur- nished to the Company within sixty (lays after such loss or damage shall have boon (determined,, and no right of action shall accrue to the Assured tinder this Guarantee until thirty (lays after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. hailurc to furnish such statement of loss or (damage or to commence such action within the time he'cinbeforc Specified, shall be ❑ conclusive bar against maintenance by the Assured of fifty action under this Guarantee. S. Option to Pay, Settle or Compromise Claims 'I'1]e Company shall have the option to pay or settle or compromise for or fit the name of the Assured any claim which could result in loss to i}te Assured within the coverage of this Guarantee; or to (ray the full amount of this Guarantee or, if this Guarantee Is =' issued for the benclit of a holder of if mortgage, the Company sball .. have the option to 1turchasc the indebtedness secured by;said mortgage. Such pure rase, payment or tender of payment of the full amount of the Guarantee shall terminate all liabilityy of the Company hereunder. In the event after -notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer find assign said indebtedness and the mortga �e securing the same to the Company upon payment of the purchase price. j; 6. Limitation of Liability — Payment of Loss (a) 'I'hc liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in ` no event shall such liability exceed the amount of the liability : slated on the face page hereof. (b) '1'hc Company will pay all costs imposed upon the Assured in litigation carried on by the Company for (lie Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c•) No claim for damages shall arise or be maintainable under this Cuaranteo (1) if the Companyy after having received notice of all allcgcd defect, lieu or encumlrrauce not shown as an Excep- tion or excluded bcrein removes such defect, lien or encumbrance, within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit wilhont written consent of the Company. (d) All payments under this Guarantee, except for attorneys fees ;f,, provided for in paragraph 0(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment sliall be matte without producing this Guarantee for indorsement of such payment unless the Guarantee be lost or destroyed, bt which case proof of such loss or destruction shall be furnished to the satis- faction of the Company, (c) When liability has bccn definitely fixed in accordance with the conditions of this Cwrantce, the loss or damage shall be payable within ]lice]), (lays thereafter. i. Subrogation Upon Payment or Settlement Whenever the Company shall have settled n claim under this Cunt nntce, all right of subrogation shall vest 'in the Company unallec•ted by ;fit), act of (he Assure(], rill(] it shall be subrogated to fund be entitled to all rights and remedies which the Assured would have had against any person or pruperI , in respect to such Claim had this C;uarantee not been issued. IL the p(ayment does nut cover tle loss of the Assured, tle Company shall be subrogated I o such rights and remedies du the proportion which said 3payment . bears to the amount of said loss. The Assures] if requested by the Company, shall transfer to the Company all rights and remedies . against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the "ante of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may bave or may brio r against the Company arising out of the subject ]natter tercet] must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached bereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company, ; i 9. Notices, Where Sent All notices required to be given tle Company and any statement in writing required to be furtishc(d the Company shall be addressed to it at 121 North Alain Street, Santa Ana, California 92701, *or to tle office which issue(] this Gumantee. 10. Fee The fee specified on (he face of this Guarantee is the total fee for ' title search and examination and for this Guarantee. i;?; Mtn M: IT�YiI:�1Wr�►�e SUBDIVISION OR FEE: $125.00 PROPOSED SUBDIVISION Lonepine View Estates and Lonepine View Estates Phase 2 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 Jackola Engineering FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: A. tract of land located in the Northeast Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, being a portion of Lot 2 of Minor Subdivision Plat Number 117, records of Flathead County, and more particularly described as follows: Commencing at the forth Quarter corner of said Section 19; thence South 88°11'18" West, on and along the North boundary of said Northwest Quarter, a distance of 501.26 feet to a point which point is the Northeast corner of Tract '2 Certificate of Survey No. 7640, records of Flathead County; thence South 00°17'40" East, on and along the East boundary of said Tract 2, a distance of 782.80 feet to a point and which point is the Northeast corner of Lonepine View Estates Subdivision and which point is the True Point of Beginning; thence continuing Continued on attached page South 00°17'40" East, on and along said East boundary, a distance of 520.13 feet to a point and which point is the Southeast corner of said Tract 2 and which point: is the Southeast corner of said Lot 2 of Minor Subdivison Plat Number 117; thence South 88°25'20" West, on and along the South boundary of said Lot 2, a distance of 488.16 feet to a point and which point is the Southwest corner of said Lot 2; thence i North 00'09'20" West, on and along the West boundary of said Lot 2, a distance of 520.16 feet to a point and which point is the Northwest corner of said Lonepine View'Estates; thence North 88*25'20" East, on and along the North boundary of said Lonepine View Estates, a distance of 486.90 feet to the True Point of Beginning. The above described tract of land is to be known and designated as "Lonepine View Estates." A tract of land located in the Northeast Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and being a portion of Lot 2 of Minor Subdivision Plat Number 117, records of Flathead County and more particularly described as follows: Commencing at the North Quarter corner of said Section 19; thence South 88°11'18" West, and along the North boundary of said Northwest Quarter, a distance of 501.26 feet to a point which point is the Northeast corner of Tract 2 of Certificate of Survey No. 7640, records of Flathead County; thence South 00°17'40" East, on and along the East boundary of said Tract 2, a distance of 782.80 feet to a point and which point is the Northeast corner of Lonepine View Estates Subdivision and which point is the True Point of Beginning; thence South 88°25'20" West, on and along the North boundary of said Lonepine View Estate Subdivison, a distance of 486.90 feet to a point and which point is the Northwest corner of said Lonepine View Estates Subdivision and which point lies on the West boundary of said Lot 2 of Minor Subdivision Plat Number 117; thence North 00°09'ZO" West, on and along the West boundary of said Lot 2,a distance of 260.07 feet to a point and which point is the Northwest corner of said Lot 2; thence North 88°25'18" East, on and along the North boundary of said Lot 2, a disatnce of 486.27 feet to a point and which point is the Northeast corner of said Lot 2; thence South 00°17'40" East, on and along the East boundary of said Lot 2, a distance of 260.06 feet to the True Point of Beginning. The above described tract of land is to be known as and designated as "Lonepine View Estates, Phase 2." The End F-19618 J-139512 Continued from attached page... (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: Vista Construction, Inc- (2) Parties holding liens or encumbrances on the title to said lands are: 1. Taxes, charges and assessments for the 1st half of 199,6, which are delinquent. 2. Taxes, charges and assessments for the 2nd half of 1996, which are due and payable. 3. Trust Indenture dated September 23, 1994, to secure an Indebtedness In the principal sum of AMOUNT : $ .00, and any other amounts and/or obligations secured thereby. RECORDED : May 12,1995 as Doc. No. 95-132-09520, records of Flathead County, Montana. GRANTOR : Vista Constuction, Inc. TRUSTEE : Flathead County Title Company BENEFICIARY : Continental Savings Bank, a Washington state chartered savings and loan association (3) Easements, claims of easements and restriction agreements of record are: (a) Easement granted to Montana Power Company, recorded February 2,1966 as Doc. No. 813, in Book 477, Page 455, records of Flathead County, Montana. (b) Right of Way Easement granted to Pacific Power and Light Company, recorded November 18,1970 as Doc. No. 8426, in Book 519, Page 509, records of Flathead County, Montana, as follows: %.an easement or right of way for an electric transmission and distribution line of one or more wires ... along the general course now located. -together with the right of ingress and egress over the adjacent lands of the Grantors..." Continued on attached page... -19618 J-139512 Certificate of Platting Continued from attached page... (c) A 60 foot private road and utility easement as shown on Certificate of Survey No. 7640, records of Flathead County, Montana. (d) The effect of restrictions contained in Certificate of Subdivision Plat Approval recorded with Certificate of Survey No. 7640, records of Flathead County, Montana. (e) Water Well Agreement and Grant of .Interest in Water Well dated September 28,1984 executed by and between First Interstate Bank of Kalispell and John G. LaBonty and Viola LaBonty, recorded October 1, 1984 as Doe -No. 84-275-15350, records of flathead County, Montana. (f) The effect of restrictions contained in Certificate of Subdivision Plat Approval recorded with Minor Subdivison Plat Number 117, records of Flathead County, Montana. (g) Easement for roadway and utility easement granted to Reggie Lyman Lindsay recorded July 25,1995 as Doc. No. 95-206-12390, records of Flathead County, Montana. (h) Easement for roadway and utility easement granted to Myke Dee Lindsay, recorded July 25,1995 as Doe. No. 95-20&12400, records of Flathead County, Montana. (i) Easement for roadway and utility easement granted to Vista Construction, Inc., recorded July 25,1995 as Doc. No. 95-206-12410, records of Flathead County,Montana. (j) Easement for roadway and utility easement granted to The L.E. Lautaret Trust, L.E. Lautaret and Maxine Lautaret, Tim Knoll and Kay Knoll, and Paul E.116sted, Jr., and Mary Jane Ilusted, recorded July 25,1995 as Doc. No. 95-206-12420, records of Flathead County, Montana. (k) Easement for roadway and utility easement granted to Catherine M. Stevenson, recorded July 25,1995 as Doc. No. 95-206-12430, records of Flathead County, Montana. Continued on attached page... ''FM�19G18,' 'J 139512 ,. Certificate of Platting` Continued from attached page... (1) A 10 foot drainage easement as shown on the recorded plat of "nor Subdivsion Plat Number 117, records of Flathead County, Montana. (m) A 60 foot private road and utility easement as shown on the recorded plat of Minor Subdivision Plat Number 117, records of Flathead County, Montana. (n) Certificate of Utility Easement as shown on the recorded plat of Minor Subdivision Plat Number 117, records of Flathead County, Montana (o) A 10 foot utility easement as shown on unrecorded plat of Lonepine View Estates, Phase 2, and Lonepine View Estates, records of Flathead County, Montana. (p) Certificate of Utility Easement as shown on the unrecorded plat of Lonepine View Estates and Lonepine View Estate, Phase 2, records of Fathead County, Montana. . (q) Conditions of final approval as shown on the unrecorded plat of Lonepine View Estates and Lonepine View Estate, Phase 2, as follows: 1. All lots for single family use. 2. Addressess shall be visible from the road which provides access to that building. (r) Terms and conditions of Agreement dated May 28,1996 executed by the City of Kalispell and US Partnership H, concerning development of Lonepine View Estates, recorded June 511996 as Doc. No. 96-157-11320, records of Flathead County, Montana. Continued on attached page... FM-19618 J-139512 Certificate of Platting Continued from attached page... We find the property to be in Smith Valley Fire District. Dated: December 17,1996 at 8:00 am. Subscribed and sworn to before me this 2: day of D,--r-P-K `41996. DEPARTMENT Or HEALTH .A.NU ENVIRONMENTAL SCIENCE,$ WATER QUALITY DIVISION ROOM A-201 1,400 BROADW. OWN STATE OF MONTH • arctr-21; Y99� (406) 444-4549 FAX (406) 444-1374 Thor Jackola, P:E. Jackola Engineering Co. P.O. Sox 1134' Kalispell, MT 59901 RE: Water & Sewer Main Extensions Lonepine View Estates - E.S. 15-95-L4-21 Lonepine View Estates -Phase 2i-- E.S. 15-95-LIO-81 Flathead County Dear Mr. Jackola: The plans and specifications for the above by personnel' under contract with the Water found to be satisfactory. Approval of th + FO BOX 200901 "I,-ii HELENA, MONTANA 59620-0901 referenced project have been reviewed1ti Quality Division. The submittal!was' e plans is given herewithu:•rr;?;+i;`.:{i'!c The sewer main extensions consist of approximately 2945 lineal feet of'8" PVc': sewer main with 10'manholes and appurtenances. The water mains conslst of� approximately 2915 lineal feet of 8" AWWA C900 PVC main with 3 fire hydrants,:.. valves and appurtenances. Approval is based on technical specifications,dated. December 28, 1993, revised June 28, 1994 and Plan Sheets 1 through 15 dated 12, 22-93. The technical specifications and plans are under the seal of Thor A. Jackola, P.E., registration number 3335. This approval is given with the understanding that any deviation •ffrom` the h approved plans will be submitted to the Department for reappraisal and approval: i Within 90.days after the Etoject has been completed, the project engineer shall certify to the Department that the project was' inspected and i.found to be installed in accordance with the plans and specifications approved by the; Department. This certification shall be accompanied by a set of ;'as -built'! drawings signed by the project engineer. Occupancy of any structure requiring water supply or sewage treatment facilities-'.F is prohibited prior to completion of the project unless interim plans have been•`) reviewed and approved by the Department and the engineer has certified that'the',�,: interim facilities have been installed in accordance with the approved inter,im'i plans. It is further understood that construction will be started within two years of, this date. If. more than' two years, elapse before beginning construction it shall.',,' .be. necessary to resubmit the plans when construction is contemplated., 1�;.—` , ,, I Sincerely, 0 Jim Melstad, P.E. . Supervisor, Drinking Water & Subdivision Programs Water Quality Division Department of Health & Environmental Sciences cc: file .. Flathead, City County Health Department ,+N EQUAL OPPORTUNITY EMPLOYER" STATE OF MONTANA DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES. CERTIFICATE OF SUBDIVISION PLAT APPROVAL 1.(Section 76-4-101 through 76-4-131, MCA 1979)•, TO: County Clerk and Recorder No. E.S.15-95-L10-81 Flathead County 239K Kalispell, Montana THIS IS '.TO CERTIFY TIiAT the plans and supplemental. information ;:'.relating to the subdivision known as Lon:epizie View Estates Phase 2 i`<•i. 'c .... A' tract of land located in the Northwestq of Section :19 , �:. ­.i:'Township 28 North, Range 21 West, P.M.II. , Flathead :.. County, Montana consisting'of 11 lots have been reviewed by personnel of;the Water;,,, Quality•Division, and, ;THAT the documents and data required by Section 7G--4-1.01 through . 76-4-131, ! MCA 1979 • and the rules of the Department of Health and ,Environmental Sciences made and promulgated pursuant thereto have :been submitted and .found to be in compliance therewith, and, !TIIAT the approval of the Plat is made with the understanding that. the following conditions shall be met: THAT the lot sizes as indicated on the Plat to be filed with the ,county clerk and recorder will not be further altered without approval, and, THAT each lot shall be used for one single-family dwelling, and, THAT' -the public water supply system and public sewage treatment system will be provided by the City of Kalispell, and THAT within 90 days after construction is completed upon a public-''' 'water system or wastewater system or upon an extension of or, addition to such a system, the professional engineer shall certify., to the Department that the construction, alteration or extension: was completed in accordance with the plans and specifications' approved by the Department, and, THAT project certification shall be accompanied by a complete seta, of "as -built" drawings bearing the signature and seal of the:: ,'professional engineer, and, THAT: instruments of transfer for this property shall contain;_;; reference to these conditions, and, i, Page 2 of 2 ;ALonepine View Estates Phase 11 ,4 Flathead County TEAT the develoner s 0jj_R_rovj.de pnoij purchaser o1 prope ty wi.th a :.cony or the Plat, and a copy of this document, and,. 1 i,THATAdeparture from any criteria set- forth in the approved plans ^and.specifications and Title 16, Chapter 16, Sub -Chapters 1, 3, and ,6�ARM,when erecting a structure and appurtenant facilities in said ,subdivision without Department approval, is grounds for injunction 'by the Department of Health and Environmental Sciences." !YOU ARE REQUESTED to record this certificate by attachingiit to the ;Plat filed in your office as required by law. ..DATED this 21st day of March, 1995 ROBERT J. ROBINSON DIRECTOR Dy Jim Melstad,` P. E: ,' .Supervzp'or Drinking Water/Subd:i;�V.ision• section Water Quality DivisAW"' Department of health & Environmental sciences :' Owner's Name: Pacific Development- Corn. STATE OF MONTANA DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES ..,....CERTIFICATE OF SUBDIVISION PLAT APPROVAL (Section 76-4-101 through 76-4-131, MCA 1979) TO: :County Clerk and Recorder No. E.S.15-95-L4 21,�'„ Flathead County 238K Kalil ell Montana THIS IS�l!TO `!CERTIFY THAT the plans and supplemental information -i relating to the subdivision known as Lonepine View Estates A • tract of land located in the NorthWest ; of Section) 19, .Township 28 North, Range 21 West, P.M.M., Flathead County,,, Montana ,.consisting of 21 lots have been reviewed by personnel of,,the Water (Quality Division, and, THAT the documents and data required by Section 76-4-101 through,:' 76-4-131, MCA 1979 and the rules of the Department of Health and:; ,Environmental Sciences made and promulgated pursuant thereto have`'. been submitted and found to be in compliance therewith,.and, .THAT the approval of the Plat is made with the understanding that, the following conditions shall be met: THAT the lot sizes as indicated on the Plat to be filed with the - ,county.clerk and recorder will not be further altered without`. ,approval, and, THAT each lot shall be used for one single-family dwelling, and, . THAT the public water supply system and public sewage, ; treatment .system will be provided by the City of Kalispell, and THAT within 90 days after construction is completed upon a public,, ;water: system or wastewater system or upon an extension of or.:. `.;addition to such a system, the professional engineer shall certify:', `;to.the Department that the construction, alteration or extension" was:: completed in accordance with the plans and specifications;;; );approved by the Department, and, :THAT project certification shall be accompanied by a complete set'.:° ..;*of, "as -built" drawings bearing the signature and seal.i. of the, '=professional engineer, and, ;;THAT instruments of transfer for this property shall. contain,. ;reference.to these conditions, and, ;Lonepkr e ,View Estates s .-Flathead;- County Zf E: S: � #15-95-L4-21 .THAT' the developer sha1J provide each purchaser of pr�c petty with a !''copy of the Plat, and a copy of this document, and, :;THAT departure from any criteria set forth in the approved plans ,`and specifications and Title 16, Chapter 16, Sub -Chapters 1, 3, and 6',ARM when erecting a structure and appurtenant facilities in said ,subdivision without Department approval, is grounds for injunction ';by:the Department of health and Environmental Sciences. ARE REQUESTED to record this certificate by attaching it to the ..Plat';filed;in.your office as required by law. DATED.this,21st day of March, 1995. , ROBERT J. ROBINSON DIRECTOR �,•i'i'.i } By:. / Jim Mel-s"f-Iad, P. Supervisor Drinking Water/Subdivision'se.ction Water Quality D!VfiUian;::'• .. ' Department of Health f t�Ezzv3ronmental Sciences ,Owner!s Name: Pacific Development Corp. '�neeri,ig Cor'•- November 25, 1996 Montana .Dept. . of Bnvirbninental Quality P.O. Box 200901 Helena, ML,59620-0901 RE: Water Quality Bureau (B.S. 15-95-L10-81) and (K.S. 15-95-LI-21) Lonepine View Estates Flathead County/City of Kalispell, Montana Lot 2, Subdivision No. 117, NW1/4, 19-28-21 32-Lot Subdivision Dear Sir: In follow-up of the above referenced project, enclos.ed,,p.lease.!,: find the as -built- record drawings. The project has been visited on several occasions during the, course of the work and the project scope was performed iti accordance to the plans and specifications. Locations of the; utility services are noted on the as-builts. Thank.you,for your assistance on this project. Ver trul yours, Thor A. Ja(2kola, P.L. TAJ/se cc Richard T. Montgomery, City/County Environmental Services John Wilson, City of Kalispell Mike Spring, U.S. Partnership II Jim Burton, Flathead Land'Consultants Glen Uskoski, Vista Construction, Inc, MallIng Address: P.O. Box 1134, Kalispell, MT 59903 locallon: 317 Ssl Avenue East phone (406) 755.3208, fax (406) 755-3218 '. �' ,ATE TO THE ORDER OF DESCRIPTION CHECK NUMBER C I T-1 OF TO UN { In"mom TO THE ORDER OF AMOUNT.-- ../ Z3 DESCRIPTION CK BER FLATN�A� (`ovn,`-y 77ZEFt v2�2. flQ DEC-11-96 WED 15:04 A 1 PAUING INC FAX NO. 4067565963 P.02 3131 Highway 2 East Kalispell, Montana 59901 Phone (406) 752-2755 DeceMber 11, 1996 Thor Jackola Jackola Fngineering 317 1 st Avenue Past Kalispell, Montana 59901 .hear Thor, :4 The City of Katispetl questions the approach at the Loncpine View Estates. The approach was on a `punch list' as an item.. that the City would monitor during the Winter 1996-1997. If the approach were to be taken out, regmded and repaved the cost would be approximately $1.00 per square foot. The portion in question measures 1000 square Feel so the price, to fix would be $1000.00. :Please feel free to call if you have any questions. Siiicenelv, Mark Sand ryz Estimator; Noverriber 14, 1996 City of Kalispell, City I -tall PO Box 1997 Kalispell, Montana 59903-1997 re: Lot number 2 of minor subdivision Plat Number 117 and road easement. Lonepine View Estates; 32 Lot subdivision Lot number .l through 5 and 7 through 33 NW 1/4, Sec 19, 'I'28N, R21 W, P.M.M Flathead County, Montana Kalispell, Montana Dear Sit As a duly authorized representative of Vista Construction, Inc., owner and developer of the 32 lot subdivision identified as Lonepine View Estates, Kalispell, Montana, hereby request annexation to the City of Kalispell, Kalispell, Montana. .Enclosed are the following docuruents: 1. Duly executed consent to annex agreement and notice of withdrawal from: rural fire district. 2. Duly executed petition for annexation to the City of Kalispell. Installed in the subdivision are extensions of city water and city sewer to service the above referenced 32 Iots. Access street and subdivision streets with storm drainage have been constructed to City of Kalispell standards. The subdivision also has been provided with underground power, natural gas and cable TV. We respectfully request the City of.Kalispell approval to our request for annexation to the city. Very truly yours, Glenn R. Uskoski Vista Construction, Inc. Lonepine View Estates Kalispell, Montana Birk Brothers Construction Bret 13irk PO Box 815 Lakeside, MT 59922 844-3631 Flathead Regional Developinent Off -ice 11/11/96 Kalispell, Mt Gentlemen, The improveunents to Lonepilic View Estates Subdivision are substantially complete, with the exception of road signage. Arrangements have been made for signage to be installed by the City of Kalispell, which will be compensated. Bre A irk December 10, 1996 Brett Birk Birk Brothers Construction 880 Farm Road Kalispell, Montana 59901 Dear Brett,: We are in Possession of the valve boxes for the Lonepine View Estates project. We will install these' boxes and set to grade as soon as weather hermits. Sorry .for any inconvenience this may have caused.,Thatik you for the opportunity to work with you on this project. Mark Sandry / ..}-ram .. Estimator PLANT MIX PAVING —FREE ESTIMATES —EXCAVATION —GRADING —GRAVEL DESCRIPTION - EASEMENT ROAD A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY,MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 19; THENCE S88010'47"W, ON AND ALONG THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER, A DISTANCE OF 726.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE S03°46'51"E, AND LEAVING SAID NORTH BOUNDARY AND ON AND ALONG THE EAST BOUNDARY OF SAID ROAD AND UTILITY' EASEMENT, A DISTANCE OF 170.64 FEET TO A POINT; THENCE S38005148"E, A DISTANCE OF 73.04 FEET TO A POINT. - THENCE S38002158"E, A DISTANCE OF 277.08 FEET TO A POINT; THENCE S00°17'40"E, A DISTANCE OF 69.72 FEET TO A POINT WHICH POINT IS THE NORTHEAST CORNER OF LOT 2 OF THE MINOR SUBDIVISION PLAT NUMBER 117, RECORDS OF FLATHEAD COUNTY; THENCE S88025'18"W, ON AND ALONG THE NORTH BOUNDARY OF SAID LOT 2, A DISTANCE OF 60.02 FEET TO A POINT WHICH POINT LIES ON THE WEST BOUNDARY OF SAID ROAD AND UTILITY EASEMENT; THENCE N00017'40"W, ON AND ALONG SAID WEST BOUNDARY, A DISTANCE OF 50.54 FEET TO A POINT; THENCE N38003'33"W, A DISTANCE OF 285.60 FEET TO A POINT; THENCE N38009'50"W, A DISTANCE OF 62.73 FEET TO A POINT; THENCE N03042'47"W, A DISTANCE OF 191.09 FEET TO A POINT WHICH POINT LIES ON SAID NORTH BOUNDARY OF THE NORTHWEST QUARTER; THENCE N88010'47"E, ON AND ALONG SAID NORTH BOUNDARY, A DISTANCE OF 60.03 FEET TO THE TRUE POINT OF BEGINNING.