Loading...
Staff Report/Final Plat Unit 3City of Kalispell Planning Department 17 - 2°d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Thomas R. Jentz, Director James H. Patrick, City Manager SUBJECT: Final Plat Approval of Meadow Park Unit #3 MEETING DATE; February 21, 2006 BACKGROUND: This is a residential subdivision that creates two lots. The property is currently vacant. The 1.23 acre site was annexed to the city with R-4 Two Family Residential zoning by Ordinance 1562 on December 19, 2005. The properties are part of a larger land holding, the owner is requesting permission to develop these two lots at this time as they abut and have frontage along the very southern most reach of South Woodland Drive, a fully developed city street. The property is situated between Lots 2 & 3 of Meadow Park Unit 2 and can be described as the northeastern portion of Tract 7L in Section 20, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana. The R-4 zoning for the property allows single family dwellings and duplex dwellings as permitted uses however, because the owner intends to build and market two single family residential lots, because all surrounding neighborhood development is single family in the rest of the Meadow Park Unit 2, and because of testimony received at the planning board in support of only single family development for this site, a condition has been placed on the face of the final plat by the developer stating that these two lots are restricted to single family development only. The minimum lot size requirement in the R-4 zone is 6,000 square feet and the minimum lot width is 50 feet. The lots in the subdivision comply with the zoning for the property. Our office waived the preliminary plat on November 22, 2005 subject to six conditions because it has been 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-06-1 which review the conditions of approval and a how they have been met. Final Plat for Meadow Park Unit 3 February 13, 2006 Page 2 RECOAUAENDATION: A motion to adopt the findings of fact in the staff report KWP-06-1 and approval of the resolution for the fmal plat would be in order. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Thomas R. Jentz v James. Patrick Director City Manager Report compiled: February 13, 2006 c: Theresa White, Kalispell City Clerk attachments: Transmittal letter and application Staff report KWP-06-1 Plats H: \REPORTS\... \KWP06-1.DOC 2 City of Kalispell Planning Department 17 - 2°d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.corn February 13, 2006 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval for Meadow Park Unit 3 Dear Jim: Our office has received an application for final plat approval from Marquardt and Marquardt Surveying on behalf of Robert and Alice Ford for a residential subdivision that contains two residential lots. The 1.23 acre site was annexed to the city with R- 4 Two Family Residential zoning by Ordinance 1562 on December 19, 2005. The properties are part of a larger land holding. These two proposed lots abut the very southern most reach of South Woodland Drive, a fully developed city street located in the southeastern corner of Kalispell. The property is situated between Lots 2 & 3 of Meadow Park Unit 2 and can be described as the northeastern portion of Tract 7L in Section 20, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana. The R-4 zoning for the property allows single family dwellings and duplex dwellings as permitted uses. However, because the owner intends to build and market two single family residential lots, because all surrounding neighborhood development is single family in the rest of the Meadow Park Unit 2, and because of testimony received at the planning board hearing during the zoning process in support of only single family development for this site, a condition has been placed on the face of the final plat by the developer stating that these two lots are restricted to single family development only. The minimum lot size requirement in the R-4 zone is 6,000 square feet and the minimum lot width is 50 feet. The lots in the subdivision comply with the zoning for the property. Our office waived the preliminary plat on November 22, 2005 subject to several conditions because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Final Plat for Meadow Park Unit #3 February 13, 2006 Page 2 Subdivision Regulations. Specifically, it can be found that the following conditions exist: 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or private parkland. 3. All lots have legal and physical access conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Public sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations. 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. The Kalispell City Council will need to adopt findings of fact for approval found in attached staff report KWP-06-1 concurrent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been met. W06 r R • r 0 Condition No. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. ➢ This condition has been met. The lots in the subdivision comply substantially with the preliminary plat that was waived. Condition No. 2. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of streets in the area to City standards. ➢ This condition has been met. The required note has been placed on the face of the plat and will be recorded with the plat. Condition No. 3. A municipal facilities exemption be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer are available and will be provided to both lots. ➢ This condition has been met. See attached MDEQ letter certifying the subdivision will be connected to municipal facilities. 2 Final Plat for Meadow Park Unit #3 February 13, 2006 Page 3 Condition No. 4. A note be placed on the face of the final plat that states, "The lots in this subdivision shall be developed with single family dwellings." ➢ This condition has been met per note on the face of the final plat. Condition No. 5. That the property be annexed to the city of Kalispell and given an appropriate zoning designation. ➢ This condition has been met. The Kalispell City Council annexed the property on December 5, 2005 via Resolution # 5081 and zoned the Property R-4 by ordinance # 1652 on December 22, 2005. Condition No. 6. This waiver of preliminary plat approval is valid for three years and shall expire on November 22, 2008. ➢ This condition has been met. The final plat was submitted prior to expiration of the waiver. The final plat is in substantial compliance with the preliminary plat which was reviewed and approved. This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. roTer, I• • • ; This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the R-4, Two Family Residential zoning designation assigned to the property. All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-06-1 as findings of fact and approve the final plat for the subdivision. Please schedule this matter for the next regular city council meeting of February 21, 2005. You may call me at (406) 751-1851 if you have any questions regarding this subdivision. 3 Final Plat for Meadow Park Unit #3 February 13, 2006 Page 4 Sincerely, Thomas R. Jentz, AICP Director TJ Attachments: Vicinity map 1 opaque Mylar 1 reproducible Mylar 1 paper copy Staff Report KWP-06-1 Letter from Marquardt & Marquardt Surveying Final plat application Letter from Planning Department for pre plat waiver dated 11/22/05 DEQ approval #E.Q. #06-2215 dated l/18/06 Treasurers Certification dated 1 / 25 / 06 Title Report # 145575-FT from Citizens Title dated 12/22/05 C: Marquardt & Marquardt Surveying, 285 First Ave. EN, Kalispell, MT 59901 Robert and Alice Ford, 651 Foys Lake Drive, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \ FRDO\REPORTS \KALISPEL\KWP\ 05 \KWP-06-1 Itr. DOC 4 I UMM Z4 "30.111 1 0 REPORTSTAFF r, REVIEW • FINDINGS OF 1• This is a report to the Kalispell City Council for findings of fact for a two lot residential subdivision. Preliminary plat approval for this minor subdivision was waived on November 22, 2005 based on 6 conditions. BACKGROUND: This is a residential subdivision that creates two lots. The property is currently vacant. The 1.23 acre site was annexed to the city with R-4 Two Family Residential zoning by Ordinance 1562 on December 19, 2005. The properties are part of a larger land holding. These two proposed lots abut the very southern most reach of South Woodland Drive, a fully developed city street. A. Applicant: Robert and Alice Ford 651 South Foys Lake Drive Kalispell, MT 59901 TechnicalAssistance: Marquardt & Marquardt Surveying, Inc. 285 First Ave. EN Kalispell, MT 59901 (406) 755-6285 B. Location: The property is located on the southwest corner of South Woodland Drive lying between Lots 2 & 3 of Meadow Park Unit 2. It can be described as the northeast corner of tract 7L located in Section 20, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana, Flathead County. C. Size: Total area: 1.23 acres Lot 1: 0.61 acres (26,570 square feet) Lot 2: 0.62 acres (27,000 square feet) D. Existing and Adjacent Land Uses: Currently this property is vacant land. The neighborhood contains newer family housing and can be considered to be on the edge of residential neighborhood development to the east and north with commercial development along US 93 to the west and south. E. Zoning: The property is zoned R-4, Two Family Residential. This zoning district has a minimum lot width requirement of 50 feet and a minimum lot size requirement of 6,000 square feet. The proposed lots are in compliance with the zoning. F. Relation to Growth Policy: The property is designated as Urban Residential in the Kalispell Growth Policy 2020. The existing R-4 zoning and the proposed uses for the site comply with the anticipated development for the area. G. Utilities: Water and Sewer: Electricity: Telephone: Gas: School: Police: Fire Protection: 11.4 Div W � I OB 4 U 10i • City of Kalispell Flathead Electric Coop CenturyTel Northwest Energy School District #5, Kalispell City of Kalispell City of Kalispell This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected to significantly impact the service provided by the district. A fire hydrant is located nearly across the street from this property to the west. The site is generally level with a gentle rise to the southwest (rear) of the proposed lots. It is not in or near a designated 100 year flood plain nor is it subject to slope failure, subsidence or severe erosion. E. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped in big game habitat winter range and does not provide habitat to significant wildlife other than some birds and small animals with occasional deer in the area. C. Effects on the Natural Environment: The subdivision will be served by City of Kalispell water and sewer minimizing impacts to groundwater. While surface water is within 300 feet of the site in the form of old backwater channels, these channels and surface water in general will not be impacted when this property is developed. Any impacts on the natural environment related to this subdivision will be insignificant. D. Effects on Local Services: Sewer and Water: The City of Kalispell will provide water and sewer service to the property and currently serves the existing subdivision on both sides of the proposed subdivision. There are existing water and sewer mains directly 2 accessible to the site and no new water or sewer mains will be needed to be extended to service this property. Access and Roads: Access to the site can be obtained directly from South Woodland Drive. This is an existing City street that is owned and maintained by the City of Kalispell. The impacts to the roadways in the area will be minimal. Sidewalks are located on the north side of South Woodland Drive on the opposite side of the street. When the subdivision was platted in the County in 1994, sidewalks were only required on one side of the street. Sidewalks therefore do not abut either side of the proposed subdivision and are not proposed as part of this 2 lot development. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is residential in nature and will have limited impacts on the enrollment of the school district and may result in one additional school aged child being enrolled in the district. Parks: Parkland dedication is not required for minor subdivisions. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Refuse disposal will be provided by a private hauler. Because it was recently annexed, Kalispell will not provide solid waste pick up for at least 5 years. The proposed subdivision is not expected to impact the landfill. 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 conversion of this site to residential purposes will have no effect on agricultural activities in the Valley. F. Compliance with the Kalispell Subdivision Regulations This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.06 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public 3 or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there are no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental wildlife and wildlife habitat and the public health and safety. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. G. Compliance with the Kalispell Zoning Ordinance: This subdivision complies with the minimum lot size and lot width requirements of the R-4, Two Family Residential, zoning district. Each lot meets the minimum lot size requirement for the current and proposed uses on the property. The subdivision complies with the zoning for the property. • Ijin4a 0• mij Staff recommends that the Kalispell City Council adopt Staff Report KWP-06-1 as findings -of -fact for the proposed subdivision and approve the final plat. TJ H:\FRDO\REPORTS\KALISPEL\KWP\05\KWP-06-1 Meadow Park Unit 3 4 auardt& la rq ua rdt urveying, Inc. City of Kalispell Planning Department 17 Second St. East Suite 211 Kalispell, MT 59901 2851 st AVE. E.N. KALISPELL, MONTANA 59901 (406) 755-6285 Fax (406) 755-3055 February 7, 2006 Re: Meadow Park Unit No. 3, Sections 20, Township 28 North, Range 21 West, P.M., M,, Flathead County, Montana. Enclosed is the Final Plat application for Meadow Park Unit No. 3. Waiver of preliminary plat approval was granted on November 22, 2005. The conditions of approval have been met as follows: That the final plat is in substantial compliance with the preliminary plat that was waived. The subdivision is in conformance with the preliminary plat that was waived. 2. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of streets in the area to City standards. The note has been placed on the final plat. 3. A municipal facilities exemption be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that Municipal water and sewer service are available and will be provided to both lots. The municipal facilities exemption approval is enclosed. 4. A note be placed on the face of the final plat that states "The lots in this subdivision shall be developed with single family dwellings." The note is on the face of the final plat. 5. That the property be annexed to the city of Kalispell and given an appropriate zoning designation. The property has been zoned as R-4. 6. This waiver of preliminary plat approval is valid for three years and will expire on November 22, 2008. The plat is being filed within the allotted time frame. If you have any question please do not hesitate to call our office. Sincerely, Debbie Shoemaker Marquardt & Marquardt Surveying, Inc. City of Kalispell Planning Department 17 Second Street East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com November 22, 2005 Marquardt & Marquardt Surveying, Inc. 285 First Ave EN Kalispell, MT 59901 Re: Waiver of Preliminary Plat Approval - Meadow Park Unit No. 3 Dear Dawn: This letter is in response to your request for waiver of preliminary plat for a two lot residential subdivision located on the south side of South Woodland Drive between Hwy 93 and Willow Glen Drive in Kalispell. The property contains approximately 1.23 acres. The property is currently undeveloped and is intended for two single family residences. The property is in the process of being annexed into the city with an initial zoning designation of R-4, Two Family, residential which has a minimum lot width of 50 feet and a minimum lot size of 6,000 square feet. The property can be described as a portion of Assessors Tract 7L located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under Section 2.06 of the Kalispell Subdivision Regulations. Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. Due to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval subject to the following conditions: 1. That the final plat is in substantial compliance with the preliminary plat that was waived. 2. That a note be place on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of streets in the area to City standards. Meadow Park Unit No. 3 — Ford Pre -Plat Waiver November 22, 2005 Page 2 3. A municipal facilities exemption be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer service are available and will be provided to both lots. 4. A note be placed on the face of the final plat that states "The lots in this subdivision shall be developed with single family dwellings." 5. That the property be annexed to the city of Kalispell and given an appropriate zoning designation. 6. This waiver of preliminary plat approval is valid for three years and will expire on November 22, 2008. Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please call Narda Wilson, Senior Planner, at this office. Sincerely, /-, jt/�' Thomas R. Jentz Planning Director LETTERS \WAIVEPP\05 \FORD — MEADOW PARK UNIT 3.DOC Montana Department of tANVIRONMENTALQUALT P.O. Box 200901 Helena, MT 59620-0901 January 18, 2006 Marquardt & Marquardt Surveying Inc 285 Is'Ave EN Kalispell MT 59901 Dear Sir or Madam: Brian Schweitzer, Governor • (406) 444-2544 www.deq.mt.gov RE: Meadow Park Unit No 3 Municipal Facilities Exclusion EQ#06-2215 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA). Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, danet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us cc: City Engineer County Sanitarian - file . Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY. MARQUARDT FOR: FORD DESCP: MEADOW PARK UNIT NO 3 (Tr. 7L in 20-28-21) YEARS 2000 THRU 2005 DATE: 11/30/05 PURPOSE: SUB. ASSESSOR # 0259560 --------------------------------- 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. 1 r � JAN 2 5 2006 Deputy Treasurer (seal) :ix y J } subdivision Guarantee Guarantee No.: 145575-Fi fathead County Title Company 120 First Ave. West/P. O. Box 188, Kalispell NIT 59901 Title Officer: Jessica Elliott Phone. (406)755-5028 FAX.- (406)755-3299 Form No. 1282 (Rev 12/15/95) Subdivision Guarantee Guarantee No.: 145575-FT" Form 1349 CLTA Guarantee Face Page (Revised 12/15/95) First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Flathead County Title Company AUTHORIZED SIGNATORY Subdivision Guarantee Guarantee No.: 145575-Fr Order No.: 145575-FT Guarantee No.: 145575-FT Fee: $125.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Marquardt & Marquardt Surveying 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: NORTH,PARCEL A OF CORRECTION CERTIFICATE OF SURVEY NO. 17014 IN THAT PORTION OFTHE NORTHWEST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 20, TOWNSHIP 28 • • THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DEDICATED AS MEADOW PARK UNIT t (A) 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, avenues, and other easements offered for dedication by said Plat are: Robert J. Ford and Alice M. Ford, as tenants in common (B) Parties holding liens or encumbrances on the title to said lands are: (C) Easements, claims of easements and restriction agreements of record are: 1. Any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. 2. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. Subdivision Guarantee Guarantee No.: 145575-FT` 3. 2006 taxes and special assessments are a lien; amounts are determined and payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2005 $460.77(PAID) $460.77(UNPAID) 05-0259560 4. Easement for Power granted to Mountain States Power Company, recorded May 24, 1937 in Book 223 at Page 582.. 5. Resolution for Designation of limited Access highway by the State of Montana Department of Highways recorded October 25, 1991 as Doc. No. 91-298-15550. 6. Easements, Restrictions, Dedications and/or Notes as shown on Certificate of Survey No. 17014 and on Correction Certificate of Survey No. 17014. 7. Resolution No. 5081 for Annexation and Zoning by the City of Kalispell recorded December 22, 2005 as Doc. No. 2005-356-08070. 8. Petition to Annex and Withdrawl-of`Rural Fire;District by Robert I Ford and Alice M. Ford recorded December 22, 2005 as. Doc. No' 2i705-356-08080. Date of Guarantee: December 22, 2005 at 7:30 A.M. Subdivision Guarantee Guarantee No.: 145575-FT SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance 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 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 the 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 Schedule (A), (C) or in Part 2 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 the Assureds; (2) which result in no loss to the Assured; 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 CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee 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) (C) or in Part 2, 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) (C) or in Part 2, 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 Guarantee 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 Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 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 terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(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 pursue 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 defending the. action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title-toAhe 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 obligations to the Assured under the Guarantee shall terminate. , 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 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 obligation 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 authorized 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, correspondence 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 necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) Subdivision Guarantee Guarantee No.: 145575-FTI 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company 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 have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured 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 authorized 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 payment of the purchase price. Upon the exercise by the Company of the option 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 payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. 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 option provided for in Paragraph (b) the Company's obligationto the Assured under this Guarantee for the claimed loss or damage, oother than to make -the payment required in that paragraph, shall terminate, including any, obligation ,to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 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 damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: 1 - (a) the amount of liability stated in Schedule A or. in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee 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 defect, lien or encumbrance Assured against by this Guarantee. 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 Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations 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 Company 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 competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed 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 payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing 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 furnished 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 have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled 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 issued. 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 Assured 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 the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance. Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, butare.not limited,to,any controversy or_ claim between the Company and the Assured: arising -out<;of. or. relating to this . Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision -or other obligation:: All arbitrable -matters when Ahe Amount of. Liability is $1,000,000 or less shall be arbitrated,at the option of either -the Company 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 Guarantee 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 an 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; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, 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. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory 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 Guarantee and shall be addressed to the Company at 1 First American Way, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) Subdivision Guarantee Guarantee No.: 145575-Fr Flathead Count JV- 120 First Ave. West/P.O. Box 188, Kalispell, MT 59901 Phone (406)755-5028 - Fax (406)755-3299 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fairinformation Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in. other. communications to us, whether in; writing, .in person, by.telephoneior.any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information :from :you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to. provide the -product -or . service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, Jncluding ther period after -which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality. control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved Subdivision Plat of EAIDO\V PARK UNIT NO. 3 NW 1/4 of the SE 1/4 of Section 20, T28N R21W, P.M., M. Flathead County, Montana 164.72' City of Kalispell Planning Department 17 - 2°d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: P a.c�_�w�o.r k ��, }c A)n. 3 Contact Person: CAr4 "'C" c� -)t f'nar�kc rc�% S Name: S JAY Alk V Address: 86- t sr A EA) Phone No.: Owner & Mailing Address: , I w. r Date of Preliminary Plat Approval: A a Type of Subdivision: Residential ✓ Industrial Total Number of Lots in Subdivision_ Land in Project (acres) -'A 3 Parkland (acres) Cash -in -Lieu $. No, of Lots by Type: Single Family_ Townhouse Duplex Commercial Condominium Apartment Industrial Multi -Family Commercial PUD Other Exempt Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property _. t`c,� 7 L� S ao , T k3 N . FILING FEE ATTACHED $ VOd . Da Minor Subdivision with approved preliminary plat $400 + $100/lot Major Subdivision with approved preliminary plat $650 + $100/lot Subdivisions with Waiver of Preliminary Plat $600 + $100/lot Subdivision Improvements Agreement $ 50 Attached Not Applicable .f Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 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 applications be accompanied with a digital copy. 4�al 1 14-A - Az-� G-46, O r(s) Sign re 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 jj�j � E34 ag mil s � MEgdOw YG✓� tt,v�-Lt No. 2 2A K Lam+ ° _ 1 ]DO 1271�2 12 123 _ zo V -� 7 B 1 14 r 13 1711 16 _ 2 A A 2 15 12 17 17 16 16 1 (� 3 16 11 17 '17 16 16 13�J 7�'� 7❑J 4 17 17 16 161 13 1 60 16 1 7E 5 6 7 15 41 7ED 8 � E -m-ft COMMON 5 5 5 ubject 147 S t 1T 21 AMD OUN 1 20 150 148 19 16 2 3 18 17 7 A F OUNTY 4 11 �✓DODLAN. I BBIV ti "� R-17L 5 6 7 8 9 � to R- 7 A 1 2 71 D 1 71 CO NTY 5CJ 5 G 7H COUNTY 7F -1 7FB 5 7CG MAD AMLi ELK. _ 7C ' COUP!AD ;,TWIN ACRES 4 B--2- 4-2 i' i NV` 1 5BB 5B - 3 5F SCDJA VICINITY MAP SCALE 1" = 300' ROBERT & ALICE FORD FINAL PLAT - MEADOW PARK UNIT NO. 3 A 2 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION ON APPROXIMATELY 1.23 ACRES IN THE R-4 (TWO FAMILY RESIDENTIAL) DISTRICT PLOT DATE 2/14/06 FILE # KWP - 0 6 - 01 H:\9is\6ite\kwp06_01.dwg