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Staff Report/Final PlatPlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kaflspell.com/plannin2 REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Jane Howington, City Manager SUBJECT: Final Plat Approval for Madsen Seventh Avenue Subdivision MEETING DATE: October 19, 2009 BACKGROUND: Our office has received an application for final plat approval from Ken Madsen for a three lot subdivision. The subdivision divides an existing residential lot located on the east side of 7t1 Avenue West, south of 11t1 Street West, into three lots. The property is approximately 1/2 of an acre in size with an existing house located on lot 2. The existing house address is 1427 7th Avenue West in Kalispell and the property can be described as Assessor's Tract 8T6B located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Our office waived the preliminary plat on April 9, 2008 subject to 13 conditions because it was found that the subdivision can meet the criteria for preliminary plat approval waiver criteria 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-08-2 and letter to the City Manager which reviews the conditions of approval and how they have been met. RECOMMENDATION: A motion to adopt the findings of fact in the staff report KWP-08-2 and approve the resolution to create the three lot subdivision would be in order. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Sean Conrad Jan�.o gton Senior Planner City Manager Report compiled: October 13, 2009 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter and application materials Staff report KWP-08-02 WHEREAS, Ken and Rita Madsen, the owners of the 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 April 9, 2008, by the Kalispell Planning Department according to Section 2.06 of the Kalispell Subdivision Regulations subject to 13 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 Kalispell Planning Department has reviewed the proposed subdivision and made a report (KWP-08-02) 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. SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KWP-08-02 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Ken and Rita Madsen for final plat approval of Madsen Seventh Avenue Subdivision in Section 18, Flathead County, Montana, is hereby approved and the Subdivision Improvement Agreement is hereby accepted. 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 19TH DAY OF OCTOBER, 2009. EN1W Theresa White City Clerk Pamela B. Kennedy Mayor PUNNING FOR THE FUTURE October 13, 2009 Jane Howington, City Manager City of Kalispell 201 First Avenue East Kalispell, MT 59901 Re: Final Plat for Madsen Seventh Avenue Subdivision Dear Jane: Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.katispell.com/planning This is a request for final plat approval for a three -lot subdivision of Assessor's Tract 8T6B which is located on the east side of 7+h Avenue West south of 11 Street West. The address for the property owned by Ken and Rita Madsen is 1427 7th Avenue West in Kalispell and can be described as Assessor's Tract 8T6B located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The preliminary plat process was waived for this subdivision on April 9, 2008 due to the minor nature of the project with 13 conditions of approval. COMPLIANCE WITH CONDITIONS OF APPROVAL: Prior to final plat Condition 1. That the final plat is in substantial compliance with the preliminary plat that was waived. • This condition is met. The final plat is in substantial compliance with the preliminary plat that was waived on April 9, 2008. Condition 2. Demonstrate that the existing buildings on the property that are to be retained comply with the setback requirements of the R-4 zoning district. Buildings not intended to be retained shall be removed prior to final plat. • This condition is met. The existing out buildings have been removed from the subject property and the existing house meets the minimum setbacks to the new property boundaries of lot 2. Condition 3. Submit a scaled parking plan for lot 2. The plan shall provide a paved driveway and a minimum of two off-street parking spaces in accordance with the Kalispell Zoning Ordinance. The plan shall be reviewed and approved by the Planning Department. Note: The parking plan may include the use of a common driveway on lot 3 to allow parking on the east side of the existing house on lot 2. ® This condition is met. A scaled plan was submitted to the Planning Department and subsequently reviewed and approved. Condition 4. The approved parking plan referenced in condition 3 shall be installed. ® This condition is met. Condition 5. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." ® This condition is met. The note is included on the final plat. Condition 6. Adequate right-of-way shall be dedicated to the City of Kalispell along the west side of the subdivision adjacent to the 7+h Avenue West to ensure that thirty feet of right-of-way exists between the platted centerline of 7th Avenue West and the new east right- of-way of 7th Avenue West and shall be shown on the face of the final plat. ® This condition is met. The additional right-of-way has been included on the final plat for dedication to the City of Kalispell. Condition 7. The right-of-way along 7+h Avenue West shall be improved to city standards or adequately bonded for and shall include a landscaped boulevard and sidewalk. The plan for improvements shall be reviewed and approved by the Public Works Department and installed prior to final plat. This condition is met. The sidewalk and street trees have been installed. An email from Chad Fincher, Parks Superintendent, dated October 9, 2009 states that he has inspected and approved of the street trees installed by Mr. Madsen. An email from Charlie Johnson, Construction Manager, of the Public Works Department dated October 13, 2009 states that the sidewalk has been installed in accordance with city sidewalk standards. Condition S. A municipal facilities exemption shall 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 all lots. Existing and new utility easements shall be shown on the final plat. o This condition is met. The municipal facilities exemption from the Montana Department of Environmental Quality dated May 5, 2008 was submitted with the final plat application. Condition 9. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland equal to 0.06 acres of land. The payment shall be based on the fair market value of undivided, unimproved land. This condition is met. A payment of $3,000 was submitted with the final plat application for the parkland cash in lieu payment. This amount was approved by the Parks and Recreation Department. On -going conditions Condition 10. The access design for the lots shall meet the provisions outlined in Chapter 5 of the International Fire Code regarding fire service features and the design shall be reviewed and approved by the Kalispell Fire Department. Prior to combustible construction, all-weather driving surfaces, water supply infrastructure, hydrants and street signs need to be in place. ® This condition will be met when future development occurs on the lots. Condition 11. Prior to aAV excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. The developer of each lot would have to comply with the city's storm water, erosion control and dust abatement programs prior to ground disturbing activities. Condition 12. All areas disturbed during development shall be re -vegetated with a weed - free mix immediately after development. ® The developer of each lot would have to comply with this condition. Condition 13. This waiver of preliminary plat approval is valid for three years and will expire on April 10, 2011. The final plat for this subdivision has been submitted to the Kalispell Planning Department prior to the expiration of the preliminary plat waiver. L6106 I. ...,• The final plat is in substantial compliance with the preliminary plat which was waived on April 9, 2008. This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. All taxes are current and there are no liens or encumbrances on the property. This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning designation. All of the conditions of the preliminary plat waiver have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. .Note that the SIA should be accepted along with the final plat approval. Please schedule this matter for the October 19, 2009 city council agenda if possible. You may call me at 758-7940 if I can be of assistance to you regarding this matter. Sincerely, Sean Conrad Senior Planner Attachments: 2 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 blueline of final plat 11" x 17" copy of plat Final plat application dated 6 / 6 / 08 Letter from Ken Madsen dated 6 / 6 / 08 Letter from MDEQ dated 5/5/08 Email from Parks and Recreation Dept. dated 10/9/09 Email from Public Works Dept. dated 10/ 13/09 Fidelity National Title Report # FTFH-02-FT20090691 dated 10/5/09 Treasurer's certification dated 10/7/09 c: Ken Madsen 1217 Fifth Avenue West Kalispell, MT 59901 Theresa White, Kalispell City Clerk Fill! 1 :)• KALISPELL PLANNING DEPARTMENT REPORTSTAFF KWP-08-02 REVIEW AND FINDINGS OF FACT OCOTBER 12, 2009 This is a report to the Kalispell City Council detailing findings of fact for a three lot residential subdivision. Preliminary plat approval for this minor subdivision was waived on April 9, 2008 with 13 conditions of approval. BACKGROUND: This is a residential subdivision that creates three lots. The proposed lots are located in a residential neighborhood with existing water and sewer services available. A. Applicant: Ken Madsen 1217 Fifth Street West Kalispell, MT 59901 B. Location and Size: The property is located at 1427 7+h Avenue West in Kalispell. The lot is approximately one-half of an acre in size and the existing home on the property will remain. The proposed subdivision would divide the one lot into three using a flag lot configuration for the larger rear lot intended for a single family home or duplex unit. The two other lots will front along 7th Avenue West and will be used for either one single family residence or a duplex development. The property can be described as Assessor's Tract 8T6B located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Total area: 0.50 acre Lot 1: 6,004 square feet Lot 2: 6,068 square feet Lot 3: 8,493 square feet C. Existing and Adjacent Land Uses: There is an existing home on the property. The surrounding area is made up of single family residences and duplexes. D. 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. All of the lots meet the minimum zoning requirements. E. Relation to Growth Policy: The property is designated as Urban Residential in the Kalispell Growth Policy Future Land Use Map. The existing R-4 zoning is consistent with this land use designation. 1 F. Utilities: Water and Sewer: Electricity: Telephone: Gas: School: Police: Fire Protection: City of Kalispell Flathead Electric Cooperative CenturyTel Northwestern Energy School District #5, Kalispell City of Kalispell City of Kalispell This application has been reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: The area is anticipated to be at low risk from wildfire due to the urban location and adequate access to the site. There is an existing fire hydrant located on 7th Avenue West within the road right-of-way just south of the subdivision. There are no other apparent health or safety hazards near the subdivision. E. Effects on Wildlife and Wildlife Habitat: No significant habitat for wildlife or endangered species are present based on mapping information in Appendix A, Resources and Analysis Section, of the Kalispell Growth Policy. C. Effects on the Natural Environment: The site exists in an established residential area of Kalispell. The site is level and is not in or near a designated 100-year floodplain nor is it subject to slope failure, subsidence or severe erosion. The subdivision will be served by City of Kalispell water and sewer minimizing impacts to groundwater. Impacts to the natural environment are not expected to occur as a result of this subdivision. D. Effects on Local Services: Sewer and Water: The City of Kalispell will provide water and sewer service to the property. There are existing water and sewer mains directly accessible to the proposed lots within the 7+h Avenue West right-of-way. Access and Roads: Access to the property will be provided along 7th Avenue West. This road exists within a 40-foot right-of-way and is considered an urban collector street. Seventh Avenue West is paved and includes curb and gutter, but is considered substandard along this section of 7+h Avenue West. One condition of approval requires the owner to dedicate an additional 10 feet to the City of Kalispell for future widening of the road and to accommodate a landscape boulevard and sidewalk. 104 Although the impacts to roadways in the area will be minimal with the addition of two single family homes or two duplex units, the Planning Department is requiring the property owners to waive their right to protest the creation of a special improvement district for future upgrades to 7th Avenue West. Sidewalks: The property does not currently contain sidewalks. Pursuant to Chapter 3 of the subdivision regulations, the owner is required to improve the right-of-way to city standards which would include a sidewalk and boulevard trees. The sidewalk would provide the start to a pedestrian path system in an area that is becoming more densely populated. 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. One to two school aged children may result from the future homes built on the subdivision. Parks: The Parks and Recreation Department required the developer to make a cash in lieu payment instead of dedicating parkland based on several factors. These included the limited amount of parkland which the city would receive with the subdivision and the lack of any adjacent parkland to the subdivision. The cash in lieu payment will be put towards improvements at Western Acres Park, approximately 1/8 of a mile west of the subdivision. 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: Solid waste pick-up is currently provided by the City of Kalispell. No significant increased impacts are anticipated as a result of the proposed expansion. Medical Services: Emergency medical service is provided by the Kalispell Regional Medical Center; 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 future residential development 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 2.08 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 (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: The property is zoned R- 4, Two Family Residential. The three proposed lots meet the R-4 zoning standards for lot width and area. Staff recommends that the Kalispell City Council adopt Staff Report KWP-08-02 as findings of fact for the proposed subdivision and approve the final plat. G; Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning FINAL PLAT APPLICATION Project /Subdivision Name: X4 015 Y .v 7-73 Woe- v/s 110"'& Contact Person: Name: �"� r s✓�r 4 S�'`� Addres �� Phone No.: 75's=yp�a ���9-GGGG Owner & Mailing Address: Date of Preliminary Plat Approval: wQ ,' v,c a/ 4D ,,I / .7 260 8� Type of Subdivision: Residential Industrial Commercial PUD Other Total Number of Lots in Subdivision Land in Project (acres) • 5" Parkland (acres) Cash -in -Lieu $ e00, 00 Exempt No. of Lots by Type: Single Family_ Townhouse Duplex _ Apartment Commercial Industrial Condominium Multi -Family Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property T iZ � T G 8 St a / g % ;2 ,e I J ,Q ? r el-) FILING FEE ATTACHED $ I as S. 00 Minor Subdivision with approved preliminary plat $400 + $125/lot Major Subdivision with approved preliminary plat $800 + $125/lot Subdivisions with Waiver of Preliminary Plat $800 + $125/lot Subdivision Improvements Agreement $50 Attached Not Applicable (MUST CHECK ONE) _✓ Health Department Certification (Original) ✓ Title Report (Original, not more than 90 days old) v/ 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 11X17 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 applic ions be accompanied with a digital copy. Owners) Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 Planning Department City of Kalispell 201 First Ave East Kalispell, Mt 59901 6 June 2007 Re: Final Plat — Tract 8T6B Sec 18, T 28N, R 21 W Response to waiver of preliminary plat conditions: 1. Final plat is in substantial compliance with the preliminary plat. 2. Buildings have been removed as required and remaining structures are in compliance with setbacks. 3. A parking plan is attached. 4. The parking plan will be installed in conjunction with the sidewalks and will be done within 18 months of final plat approval. A bank letter of credit is attached. 5. Noted on plat. 6. Shown on plat as agreed. 7. Plan included with parking plan and letter of credit is attached. 8. Attached or on plat. 9. Check attached as agreed. I believe this complies with all provisions of the waiver of preliminary plat. Sincerely, Ken Madsen 1217 5th St W Kalispell, Mt 59901 P.O. Box 200901 Joseph L Kauffinan Big Sky Surveying 393 Valley View Drive Kalispell MT 59901 Dear Mr Kauffinan: Brian Schweitzer, Governor • Helena, MT 59620-0901 (406) 444-2544 www.deq.mt.gov May 5, 2008 RE: Madsen Seventh Avenue Subdivision Municipal Facilities Exclusion EQ#08-2717 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. SinC.erely.4 a�— fi 1 ♦�"}i, Janet Skaarland Compliance Specialist Subdivision Section (406) 444-1801 — email jskaarland(a mt.gov cc: City Engineer County Sanitarian file Permitting & Compliance Division • Enforcement Division • Planning, Prevention & Assistance Division • Remediation Division Sean Conrad From: Chad Fincher [cfincher@kalispell.com] Sent: Friday, October 09, 2009 11:57 AM To: Sean Conrad Subject: Ken Madsen I have inspected Ken's property on 7th Ave West. We are satisfied with the two trees he planted in the boulevard. If you need additional information regarding this property, please feel free to contact me. Chad h'zicher Parks Superintendent, APRP, CPSI Kalispell Parks and Recreation P.O. Box1997 Kalispell, MT 59903 (406) 758-7960 office (406) 758-7719 lax cfincher@kalisyell.com Sean Conrad From: Charlie Johnson [cjohnson@kalispell.com] Sent: Tuesday, October 13, 2009 11:58 AM To: Sean Conrad Sean The Public Works Department has inspected and accepted the sidewalks that were installed at 1427 7th Ave West. Thanks Charlie Johnson Construction Manager City of Kalispell Public Works Department Phone 406-758-9715 Cell 406-270-5886 Fax 406-758-7831 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: BIG SKY FOR: MADSEN DATE: 4/21/08 DESCP : MADSEN SEVENTH AVE SUB PURPOSE: SUB (Tr. 8T6B in 18-28-21) YEARS ASSESSOR # 2004 THRU 2007 0761925 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. 41P� O F Fz4 I - �� = Deputy Tr asurer 0 (seal) o / \��ANA or TO 7 2009 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITYAND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, Policy No. MT9900350100-10-FT20090691-2009.27030-78914115 Fidelity National Title T INSURANCE COMPANY a corporation herein called the Company the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in ScheduleA, which theAssured shall sustain by reason of any incorrectness in the assurances set forth in ScheduleA. Issued by: MT9900350100 * FT20090691 Fidelity National Title Insurance Company 17 Main St. Kalispell, MT 59901 Countersigned. Autho ' ed igna r (Please Print Name Be ow) Fidelity National Title Insurance Company lE t'tt ,it': 3 T �v u. ��' '�� �"� hid✓ �..-- SEAL, 1"L (See the reverse side of this page for the Conditions and Stipulations) Pr«: ,cE,r Secrrtary FORM 1995 (5104) CLTA Guarantee Face Page (Rev. 12-15-95) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property: or (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by thee public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in ScheduleA of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of theAssureds; (2) which result in no loss to theAssured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONSAND STIPULATIONS 1. Definition of Terms. 4. Company's Option to Defend or Prosecute The following terms when used in the Guarantee Actions; Duty of Assured Claimant to Cooper - mean: (a) "the Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule A and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A. nor any right, title, interest, estate or easement in abutting streets; roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guaran- tee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. _._ The Company shall have no duty to defend or prosecute any action or proceeding to which the As- sured is a party, notwithstanding the nature of any allegation in such action or proceeding. ate. Even though the Company has no duty to de- fend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost. to institute and prosecute any action or proceeding, interpose a defense. as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terns of this Guar- antee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any pro- vision of this Guarantee. If the Company shall exer- cise its rights under this paragraph, it shall do so dili- gently. (b) If the Company elects to exercise its op- tions as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pur- sue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use: at its option, the name of such Assured for this purpose. 'Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses; prosecuting or defend- ing the action or lawful act which in the opinion of the Company may be necessary or desirable to estab- lish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's ob- ligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required un- der Section 3 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's ob- ligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any autho- rized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, corre- spondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is neces- sary in the administration of the claim. Failure of the Assured to submit for examination under oath; pro- duce other reasonably requested information or grant permission to secure reasonably necessary informa- tion from third parties as required in the above para- graph, unless prohibited by law or governmental regu- lation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Com- pany shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall ]lave the option to pay or settle or compromise for or in the name of the As- sured any claim which could result in loss to the As- sured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were autho- rized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability 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 and assign said indebtedness, together with any collateral security, to the Company upon pay- ment of the purchase price. Upon the exercise by the Company of the op- tion provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the pay- ment required in that paragraph, shall terminate, in- cluding any obligation to continue the defense or pros- ecution of any litigation for which the Company has exercised its options under Paragraph 5, and the Guar- antee shall be surrendered to the Company for can- cellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured CIaim- ant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee; together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the op- tion provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to snake the pay- ment required its that paragraph, shall terminate in- cluding any obligation to continue the defense or pros- ecution of any litigation for which the Company has exercised its options under Paragraph 5. 7. Determination and Extent of Liability. This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or dam- age by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Para- graph 2. The liability of the Company under this Guaran- tee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A; (b) the amount of the unpaid principal indebt- edness secured by the mortgage of an Assured mort- gagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Sec- tion 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guar- antee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any de- fect, lien or encumbrance assured against by this Guar- antee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guaran- tee in a reasonably diligent manner by any method, including litigation and the completion of any ap- peals therefrom, it shall have fully performed its ob- ligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Com- pany or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of compe- tent jurisdiction, and disposition of all appeals there- from, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily as- sumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except pay- ments made for costs, attorneys' fees and expenses pursuant to paragraph 5 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without produc- ing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be fur- nished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall ]lave settled and paid a claim under this Guarantee, all right of subroga- tion shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be en- titled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been is- sued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the As- sured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after tite Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable lava, either the Company or the Assured may demand arbitration pur- suant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not lim- ited to, any controversy or claim between the Com- pany and the Assured arising out of or relating to this Guarantee, any service of the Company in connec- tion with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Com- pany or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be. arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guar- antee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to all arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guar- antee Entire Contract. (a) This Guarantee together with all endorse- ments, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (e) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the Presi- dent, a Vice President; the Secretary, an Assistant Secretary, or validating officer or authorized signa- tory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guar- antee and shall be addressed to National Claims Ad- ministration at the Company's General Office at 17911 Von Karman Avenue, Suite 300, Irvine, Cali- fornia 92614-6253. FIDELITY NATIONAL TITLE INSURANCE COMPANY Fidelity National Title Insurance Company 17911 Von Karnian Avenue, Suite 300 Irvine, CA 92614-6253 Certificate Number: FTFH-02-FT20090691 To the County of Flathead and the City of Kalispell in Montana Fidelity National Title Company, a corporation duly authorized to insure titles in Montana hereby certifies that from its examination of those public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 5th day of October, 2009 at 08:00-AM the title to the described real estate was indefeasibly vested in fee simple record in: Ken Madsen and Rita Madsen subject only to the objections, lien charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of 10,000.00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. FIDELITY NATIONAL TITLE COMPANY Countersigned !� "� th rized i nature Subdivision Guaranty FDMT0332.rdw Cover Certificate Number: FTFH-02-FT20090691 Being the legal description of the real estate covered by this certificate. The following described parcels of real estate: Those portions of the Southwest Quarter of the Southeast Quarter, Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the Northwest corner of Seventh Avenue West as shown on Certificate of Survey No. 9458, records of Flathead County, Montana; thence South 00°14'04" West 860.55 feet to the Point of Beginning of the tract herein described; thence North 88°29'33" East 177.56 feet; thence South 00°31'37" West 123.10 feet; thence South 88°31'55" West 176.93 feet; thence North 00°14'04" East 122.96 feet to the Point of Beginning. Subdivision Guaranty FDMT0333.rdw Schedule A i Certificate Number: FTFH-02-FT20090691 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposes insured acquires of records for value the estate or interest or mortgage thereon covered by this commitment General Exceptions: a. Rights or claims of parties in possesion not shown by the public records. b. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises including, but not limited to, insufficient or impaired access and matters contradictory to any survey plat shown by the public records. C. Easements, or claims of easements, not shown by the public records. d. Any lien, or right to a lien, for services, labor, or material heretofore or here after furnished, imposed by law and not shown by the public records. e. (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 accepted under (a), (b), (c) are shown by the public records. Taxes to special 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. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. g. 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 in the County of Flathead to use and occupy those certain roads and trails. Paragraphs 1, a, b, c, d, and f will not appear as printed exceptions on extended coverage policies, except as to such parts thereof which may be typed as a Special Exception in Schedule B-Section 2. Special Exceptions: 2. General Taxes for the year, 2008 First Half $804.89 PAID Second Half $804.86 PAID Tax ID No. 75-0761925 3. General County Taxes for the year 2009 and subsequent years, which are a lien but not yet due or payable. Subdivision Guaranty FDMT0334.rdw Schedule B Certificate Number: FTFH-02-FT20090691 4. An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes For: a gas pipeline In Favor Of: The Montana Power Company Recorded: July 30, 1962 under Book 447 Page 406, records of Flathead County, Montana. This property lies within the boundaries of Resolution No. 3786 by the City of Kalispell for annexation and zoning, recorded April 6, 1988 on Document Number 88-097-11160, records of Flathead County, Montana, and will be subject to any levies and assessments thereof. 6. Waiver of Protest in Special Improvement Distrcit as shown on the unrecorded plat of Madsen Seventh Avenue Subdivision 7. Utility Easement Certificate as shown on the unrecorded plat of Madsen Seventh Avenue Subdivision. 8. Survey/Plat, when recorded, must be in comliance with the provisions of the Montana Subdivision and Platting Act, 1973 (Sections 76-3-101, M.C.A.) and the regulations adopted pursuant thereto. 9. Any off record facts, encumbrances, easements or possessory claims a survey or inspection would disclose 10. In order to expedite this report to you, no physical inspection of the land has been made. If a physical inspection is made, any matters found by our inspection requiring disclosure to you will be shown in a Supplemental Report. 11. The land described in the commitment/policy shall not be deemed to include any home trailer or mobile home located on the property. 12. No examination has been made herein for State UCCs and/or Federal Bankruptcies and coverage is excluded herein. 13. Exceptions and reservations contained in Patents of record. NOTE: We find the described property to be located in the City of Kalispell Fire Distrcit. NOTE: Name of Proposed Subdvision Plat or Condominium Map: Madsen Seventh Avenue Subdivision End of Schedule B Subdivision Guaranty FDMT0334.rdw Schedule B Return To. Ken Madsen and Rita Madsen to # CG-47531 1111iIIIII a. nlleplOil mom 11111niumnum1131111111mill 200700038466 Fees: $14.40 by: DD WARRANTY DEED by STS Date 12/24/2007. Time 9:49 AM Page: 1 of 2 Paula Robinson, Flathead County Montana Compliments of Strung Title Servion, Inc., P.O. Box 73, Kafispert, IrT 5MJ (406) 78Y-T= WARRANTY DEED (Joint Tenancy) FOR VALUE received Harold Leslie and Florence I. Leslie the Grantors do hereby grant, bargain, sell and convey unto Ken Madsen and Rita Madsen the Grantees as Joint Tenants with full right of survivorship, the following described premises in Flathead County, Montana, to wit: SEE EXHIBIT `N ATTACHED HERETO} AND MADE A PART HEREOF TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said rGrantees as Joint Tenants with full right of survivorship; and the survivors thereof, and 71 to such survivor's heirs and assigns forever. And the said Grantors do hereby covenant n, to and with the said Grantees, that they are the owners in fee simple of said premises; that said premises are free from all encumbrances EXCEPT charges, terms, provisions, resolutions and easements of record, and that they will warrant and defend the same from all lawful claims whatsoever. Dated: Decembers© , 2007 tL 4 Harold Leslie by Jerry D, Zahiler as his Attomey-in-Fact Florence I. Leslie by Jerry D. Zahller as her Atforney-in-Fact STATE OF MONTANA, COUNTY OF FLATHEAD On this A 0- day of December, 2007, before me the undersigned, a Notary Public in and for the said State, personally appeared Jerry D_ 7ahier, known to me to be the person whose name is subscribed to the within instrument as Attorney -in -Fact for Harold Leslie and Florence I. Leslie, and acknowledged to me that he subscribed the name of Harold Leslie and Florence I. Leslie thereto as principles, and his own name as Attorney -in -Fact. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my seal, the day and year in this certificate first above written. (Name-typeb, stamped, or printed) Notary Public for the State of Montana esidingat: `. irnmission Expires: i0 /S-duo �i BC ��r A tract of land, situated, lying, and being in the Southwest Quarter of the Southeast Quarter (SW%SE'/) of Section 18, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, and more particulariy described as follows: Commencing at the intersection of the Northerly boundary of said SW%SEl, with the centediine of Sixth Avenue West in Kalispell, Montana; thence South 88045' West, a distance of 15 feet; thence South DO°11' West, a distance of 857.5 feet to a point; thence South 88°1 V West, a distance of 178.5 feet to the True Point of Beginning; them continuing South.88°11' West, a distance of 175 feet to a point on.the East boundary of the county road; thence South 00*11' West, a distance of 123,1 feet to a point; thence North 88°11' East, a distance of 175 feet; thence North 00°11' East, a distance of 123.1 feet to the Point of Beginning, i1631111111111+i1if, 1111i111;11N111M1110111G11iN1iNluNg1111�i1l1111311 Document Number: 200700038466 Page-: 2 J 1 JI U] C U i Ln I d H I I ro 0 C f of I o JI JI InH mi mI Cn HI m H1 [n H n H3 H3 r 1 to n7 H N I (D N- 0 O ww(ut1 iD(O �j O WlD lD IPH (D 0 CU xf•G r , nN- O O Ut l 0Ij rr rr mm— tots MM Cr HOOWowrW C7 GN o f nri rr 1 Om W W 1POOn ",on W JWN0000jv W P-W(D , Om W (n(n(n UPPHI ",]rt H I-, iOLIIWH- WMWH- H CHWOCCOpl H Hr JJmmmmLnncn(nlntn(nlnuluLn(n Inv1(n(nar1 5rr H nx Coo Cold= a x xW xxyW H nx O m p O HrwNr0000000000000 0000mx I P, 0t+7 'j 'Coll t"L't"H �CCH � COO ZZ0 cQrTId I �� ti CCJ'7n I mm m n W W Ul F ZSd HmmO Mw Fl Id mm m I rrrt O H• mcnnX (0cf] X o cnHmn Orn rr0 - y I rtrr O 1 W W H W IONM 'rj,3p(D "' 101-C;nHC�C (D Id C I W W H co I HH P. 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" ¢8^ Fmd�/8'vaWsr Thar/! tap aJ B1A2T0N 6F7@+ � ma/kM, W p Lot 3 0 /92df/®p O ] O.t85 Aa $ 0-. 4AVSi0th 79ptmaYc d, SalYD5797.£S = 8,493 sq, it 545/B"'x 24'rMa,.10 parr* z LO Q _ s BB°29 "w 40.&S'Co 89°10tffi" Ja3]' �' 4,654 sq. R nt o 0n anted. KAUPnWW 12211LS LU p ? > 0- g w ddd PhyeAz/Add— Q w g O i � 8 Lot 2 z = V Q $ 0.739 Ae o f427 6,068 sq. it z o W $ u. rri > s m W dr — — — fn a soa3''— Nsa°3L 7 117W k 2U ACOESS & UTILITY EASEMENT R Rf433 Appurtenant to lot 2 S4g• VITE 2.02 • 0.11' lOAJ' 16a.93' 3H'4m 58a111W 17693' q C. 0. S. I O39 ( S z Cerdficate of Dedication ' We, Ken Madsen and Rita Madsen, the undersigned property owners, do hereby osdtify thatwe have caused to be su vq d,subdi kkd and Platted Into lots, blocks, streets and alleys, as shown by the plat hereto anrrxed, the fallowing described lend in the City of Kalispell, Montana, b - t: Those portions of the SW I/4 SEI/4 Section 18, Towmhip 28 North, Range 21 West, Prindpd Mendian,Ma tane,P6Uesd Co.*, Montana, described as follows: " Commencing at the Northeast comer of Seventh Avenue West as shown on Cntifiate of Survey No. 9458, remn4suf flathead County, Montana; thence, S 00a1.4'04' W 860.55 feet to the POINT OF BEGINNINGaf the tract hereindesaibed; thence, N 88'm'33' E177.56 feet; thence, S 00°31'37' W 123.10 feet; thence, S 88°31'55' W 176.93; then, N 00oIW04' E 122.96 feet to the POINTOF BEGINNING and containing 0500 acres (21,795 sq. ft. gr. & 17,9$6 sq. ft. nt.) of land, move orless. Subjsttoand togetherwdh a 2D footwide ac sz & utility easement and a 10 foot wide utility easementasshown— lM 3 as shown limners. The above described tract of land is to be known and designated as MADSE4 SEVE M AVEYUESUBDIMON,and the lard. included in f all streets, avenues, alleys, and parks or public squares shown an said plat art hereby granted and donated to the use of the public forever. N Thisdivisionisedemptfrom—tewby the Departmentof EnvironmentalQuaky puro rttoSemon764125(2)(d)wthedhijonk located within jurisdictional areas that have adopted growth policies pursuant bs Title 76, Chapter 1, M.CA. ark within a firstcka or second-class munidpahty for which the governing body certifies, pursuant to 754127 M.CA., dot adequate stormwalerdminege and G Syf 0 ( adequate municipal facilities will be approved. W E Waiver of Protest in Ire Special p provementDictrtat 9� ,tea Ken & Rita Madsen hereby waive any and all right to protest which they may have in regards to any attempt to be made by a local SORV EY1�G govemmantal entity, to initiate a Special Improvement District which indudes KADSEf SEVE4Ni AVENUESUBDIVISION, shown on the plat therefore, for any of the purposes set forth In Sections 7.12-2102 and 7-12-4102,M.CA.; pevided howeverthet Kan &Rita Madsen understand that they retain the ability to object to the amount of assessment irryrsed as a resukof the formation ofa$pedal Improvement District, including the right to object on the basis that the property k not benefited by the Special Irrprovement Dkmid. S Ken & Rita Madsen agree that this covenant shall ton to, with and be binding an the We of 0e real property dad ribed above and shall be binding on the heirs, assigns, successors in Interest, purchasers, and any and all subsequent hollers orownem of the "I poperty shown an the subdivision plat for MADSENS&ENTH AVENUESUBDIV740N. Utility Easemente"Wicato The undersigned hereby grants unto each and every person, firm, or mrpomtim, wheder pubk or primate pmvi&i g oroffedrg w provide telephone, telegraph, electric power, gas, cable television, water ar sawersandoe to the public„ the dghtto Ihejoirtuae of an easement for the construction, maintenance, repair and removal of their lines and otherfacilides, in,ovep underandaaoss the area d-sigmeed es '20 foot utility easement' and'10 foot utility easement" to have and to hold forever. y w.ma SUBDIVISION PLAT OF,- "m.._ MADSEN SEVENTH AVENUE SUBDIVISION m SWI14 SE114, Section 18, T 28 N R 11 W, P.M., M, Fiamead County, Montana � 4o.s Itox, r I N w awmrsm W I w I 1 a — w- 8 O m wxm�mz e a I ormmwmaamw i.awx.mm,u.wa..N�wtlTwnemm�.tlaa.Y®N�mtrl.masimi+�m4WtW p.��amu.a�nm�mixxb.mmabalmw,ue..n Wow dttee.mm�M1wau.ae.:ielunwcyaty.4 9 w �saxsnwn v,rwm4a naM.u�xevwwmr}JxWm,wm,rWW¢uq, wnaz e.+mneMxvPoet.pw x�iw�a�'m�o� ��� �, ase t�vmv � xi amm.,.t se ww w�rvu.��.�M�m�enumMml+Mu.�mzMaeau.�irnu�e vamlays. w [ I m+wwma @�Brsme wrteue� m�tMnmxxmMM wwrtmsu.n'arta(L�ntlee�Y \` geyxwvexv..w•m.tmmx.awnrLn m� wm��p.mmd.'°bhcinm.wminmxazvx<x.un.an+amre+w�re 1 �� wmrarivwama xeslnn twwt nu�w��ume�A unmo�nrn¢ti" � �armm.we euvm�a4.�uwN xu:n°•mmmxwruwYwsxwwYn muniM unp�..b pneH �u..e.ozss✓. �xrv•+...mzsu.rmmtnea.R.0 mommnm�wmrtiniuiuu me MMmeMaenxe MY�MaenvabYrtbaxrtmlNxeASY�mwwmirtara. 5 mM, pxnAew,aWtlx maWw+�artwiaMn�mw.�gwwpewaoMn i n..newMwm mremra m:ap:rpNbv.xmamxexm .enwr u.i a muem��m�i�ynb,�,a �mw..ensw..I.mbmni.. lwun�iM mMede� w w'�iwirbwWW�mw.�..m.x .oa 'za MtanqumnerC mi tolex�mAgseimx"mlm. mlmMffw�er. w . ma m.2R.Mm � wxw�.uewn nu. mm ® BIG SKY Sumey>ng mwwMr+o n� �b M<m..+ta�m�tl�ir miw�nx wMu� w� Mr�axwrrr+ mua,u �