Staff Report/Final PlatFROM:
SUBJECT
Flathead eglo al Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner, FRDO
Chris A. Kukulski, City Manager
Final Plat Approval for the Amended Plat of Lot 58,
Parkview Terrace Addn. No. 1 - A two lot residential
subdivision
May 17, 1999
BACKGROUND: Preliminary plat approval was waived on November 17, 1998 by
the Flathead Regional Development Office for this two lot residential subdivision
because it meets the criteria for preliminary plat waiver provided for under the
Kalispell Subdivision Regulations and State subdivision statutes. This subdivision
takes an existing condominium duplex and creates two townhouse lots with the
property boundary running through the common wall of the building. Each lot will be
conveyed separately. The property is located on the east side of Harrison Blvd. and
north of Indian Trail in the north part of Kalispell and is zoned R-4, Two Family
Residential.
RECOMMENDATION: Because all of the conditions have been met or otherwise
adequately addressed, the staff is recommending that the city council approve the
final plat for this subdivision.
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by the city council.
17. e.
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: May 11, 1999
Attachments: Letter reviewing conditions of approval
Staff Report KWP-99-1, Findings of Fact
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Flathead ei®a Development f ice
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
May 12, 1999
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59901
RE: Final Plat Approval for the Amended Plat of Lot 58, Parkview Terrace Addn. No. 1
Dear Chris:
Our office has received an application from the Marquardt Surveying for final plat
approval for the above referenced subdivision. This is a two lot residential subdivision
whereby the property owner is taking an existing duplex and creating two townhouse
lots with the property boundary running through the common wall of the residences.
The property is located on the east side of Harrison Blvd and north of Indian Trail in the
north part of Kalispell. The property is zoned R-4, a Two Family Residential zoning
district which allows the creation of sublots as proposed.
Our office waived the preliminary plat subject to five conditions on November 18, 1998
because it has been found that the subdivision can meet the criteria for preliminary plat
approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations.
Specifically, it can be found that the following conditions exist::
1. The plat contains five or fewer lots.
2. There is no public dedication of streets or public or private parkland.
3. All lots have legal and physical access conforming to the subdivision regulations.
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. 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 City Council will need to adopt findings of fact for approval found in attached staff
report KWP-99-1 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.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Final Plat for Amended Plat of Lot 58, Parkview Terrace Addn. No. 1
May 12, 1999
Page 2
Condition No. 1. The subdivision shall comply with Chapter 3 of the Kalispell
Subdivision Regulations. In lieu of street improvements, the subdivider shall waive
protest to the creation of an SID to upgrade Harrison Blvd. to comply with Kalispell
Standards for Design and Construction.
• This condition has been met. A note has been placed on the face of the final plat
stating that owners agree to waive protest to an SID to upgrade Harrison Blvd. to
City standards.
Condition No. 2. The sublot boundary shall be placed along the common wall of the
duplex.
• This condition has been met. The boundary has been placed accordingly and a
party wall agreement recognizing and granting a mutual easement for repair and
maintenance has been submitted with the final plat.
Condition No. 3. Obtain and comply with a building permit such that the conversion
of the existing building to townhouses meets the requirements of the Uniform Building
Code.
• This condition has been adequately addressed. A letter from the City Attorney's
Office dated January 13, 1999 recognizing the party wall agreement as satisfying
this condition for creation of a townhouse lot for construction purposes has been
included with final plat application.
Condition No. 4. Sewer and water facilities shall be approved by the City of Kalispell
Public Works Department and the MDEQ.
• This condition has been adequately addressed. A letter from the City Attorney's
Office dated February 2, 1999 grants and exception to the requirement for separate
services to each dwelling. A letter dated February 8, 1999 from the MDEQ stating
that this subdivision complies with the requirements of their department have been
fulfilled has been submitted with the final plat.
Condition No. 5. This waiver of preliminary plat approval is valid for a period of three
years and shall expire on November 17, 2000.
• This condition has been met. The final plat was submitted prior to the expiration of
the preliminary plat approval.
Final Plat for Amended Plat of Lot 58, Parkview Terrace Addn. No. 1
May 12, 1999
Page 3
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 substantial compliance with the State
and City Subdivision Regulations.
This subdivision has been found to be in compliance with the Kalispell Zoning
Ordinance and the R-4, Two Family Residential zoning designation on the property.
All of the conditions of preliminary plat approval have been adequately addressed.
The Flathead Regional Development Office recommends that the Kalispell City
Council adopt the attached staff report KWP-99-1 as findings of fact and approve the
final plat for the Amended Plat of Lot 58, Parkview Terrace Addition No. 1
Please schedule this matter for the next regular City Council of May 17, 1999 You
may call me at (406)758-5980 if you have any questions regarding this subdivision.
Sincerely,
Narda A. Wilson, AICP
Senior Planner
NW/
Attachments: 1 opaque mylar
1 reproducible mylar
1 blueline
Staff Report KWP-99-1
Letter from Marquardt Surveying dated 4/30/99
Final plat application
Letter from FRDO for pre plat waiver dated 11 / 18 / 98
DEQ approval #E.Q. #99-2083 dated 2/8/99
Letter from CA Office dated 1 / 13 / 99
Letter from CA Office dated 2 / 2 / 99
Party Wall Agreement dated 4/28/99
Removal of Property from Unit Ownership Act dated 3/ 12/99
Final Plat for Amended Plat of Lot 58, Parkview Terrace Addn. No.
May 12, 1999
Page 4
Title Report from First Am Title dated 1/25/99
Consent to Plat from Source One Mortgage Svs dated 2/26/99
Treasurers Certification
Location Map
c: Marquardt Surveying, 285 First Ave. E.N., Kalispell, MT 59901
Eleanor Carlson, 3710 West St. Germain, St. Cloud, MN 56301
Theresa White, Kalispell City Clerk
H: \... \KWP-99-1
-T i � t t r ••
REVIEW ) FINDINGS
MAY 11, 1999
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 17, 1998, subject to five conditions and compliance with the
Kalispell City Subdivision Regulations.
BACKGROUND This is a two lot residential subdivision which will effectively
subdivide an existing lot which has a duplex unit into two townhouse lots for
the purpose of conveying each unit and associated property separately.
A. Applicant: Eleanor Carlson
3710 West St. Germain
Saint Cloud, MN 56301
(320)529-0265
Technical Assistance: Marquardt Surveying
285 First Avenue E.N.
Kalispell, MT 59901
(406)755-6285
The subdivision is located on the east side of Harrison Blvd. Just north
of Indian Trail Road in north Kalispell. The property can be described as
Lot 58, Parkview Terrace No. 1 in Section 6, Township 28 North, Range
21 West, P.M.M., Flathead County.
FOINNEURTT
Total area: 0.190 acres
Lot 1: 0.104 acre
Lot 2: 0.086 acres
Currently this property has a duplex on the property which will be
divided using the common wall of the building and associated property
on either side. Most of the uses in the area are either single family
homes or duplexes. Zoning in the area is a mix of R-3, single family to
the north and west. To the south is the Buffalo Commons PUD. To the
east the zoning is RA-1, which allows low density apartments and single
family homes.
E.Zoning:
The property is located in an R-4, Two Family Residential zoning district
which allows single family homes and duplexes as permitted uses. This
district also allows the creation of sublot with a minimum lot size
requirement of 2,500 square feet per lot. The subdivision complies with
the R-4 zoning requirements.
RelationF. to Master Plan Map:
The property is designated as Urban Residential on the Kalispell City -
County Master Plan Map which anticipates a density of two to eight
dwellings per acre. This subdivision is in substantial compliance with
that master plan designation.
G. utilities:
Water and Sewer:
Electricity:
Telephone:
School:
Police:
Fire Protection:
City of Kalispell
Pacific Power and Light
PTI Communications
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.
I
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 the significantly impact the service
provided by the district.
Vegetation and topography: The site does not have significant native
vegetation. The property is relatively flat and has historically been used
for residential purposes.
The proposed subdivision is not mapped big game habitat winter range
and does not appear to provide habitat to significant wildlife other than
some birds and small animals.
The subdivision is currently served by City of Kalispell water and sewer.
No impacts on the natural environment appear to be related to the
subdivision of this property and there is not surface water in the area.
Sewer and Water: The City of Kalispell currently provides water and
sewer service to the newly created lots. No additional or significant
impacts are anticipated to the City with regard to water and sewer
services as a result of the creation this subdivision.
Roads: Access to the site is provided directly from Harrison Blvd., a City
owned and maintained roadway in relatively good condition. No
improvements to the roadway are anticipated to be needed as a result of
this subdivision.
Schools: This property is within the boundaries of School District #5,
Kalispell. This subdivision is anticipated to create no additional school -
age children for this district since this is an already developed site.
Parks: Parkland dedication is not required for minor subdivisions.
Police Protection: The property is served by the Kalispell Police
Department. It is not anticipated that this subdivision will significantly
impact the service provided by the police department.
Fire Protection: The property is within the service district of the
Kalispell Fire Department. The subdivision will not create additional
impacts to fire service.
Refuse Disposal: Refuse disposal will be provided by the City of
Kalispell. The proposed subdivision is not expected to impact the
landfill.
Medical Services: Emergency medical service is provided by the Kalispell
Regional Hospital; Ambulance and Life Flight services are also available.
E. Effects on Agriculture:
This is within a highly urban area of Kalispell which has continued to
grow. This subdivision will not have an impact on agriculture in the
Valley.
3
• Yi "11 1. • • is ► l s # Y ' ' - �, #_
This subdivision complies with the Kalispell Subdivision Regulations.
Preliminary plat was waived because it meets the waiver criteria
provided for under Section 2.06 of the regulations which include the
following: (1) the plat contains five or fewer lots, (2) there is no public
dedication of streets or public or private parkland, (3) all lots have legal
and physical access conforming to these regulations, (4) each lot has a
suitable building site and there are no environmental hazards present, (5)
municipal water and sewer are adequate and in place, (6) the subdivision
complies with these regulations and zoning regulations, (7) there is 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.
Staff recommends that the Kalispell City Council adopt Staff Report KWP-99-1
as findings -of -fact for the proposed subdivision and approve the final plat.
REPORTS\ 1999\KALSPELL\KWP99-1
4
Marquardt T Marquardt
Survong, Inc.
PLANNING • SURVEYING • SUBDIVISIONS
2851stAVE E.N.
1G4USPElL MONTANA 59901
(406) 755-6285
Fax (406) 755.3055
APPLICATION MATERIAL
p Apg 30,19"
APR 3 0 1999 ,
4'�
F. P- D. O.
RE: Lot A Psrkview Terrow Addition No. i
Dear I& kadx
Facloeod is to Final Plat application for Lot 59, Parview Taroce Adddon No.1. Conditional
approval was g xftd on November 17,199& The cow of sppmvd have boon and ss
fDllovvs:
1. lbo sub vision shall comps► with Chepier 3 ofto o Katiapell
owdivisim 1n lion of scrod iu�mvemeots�, the
m*Wvider shall waive protest to rho caastion of an SID is gWade
FtirrisonBlvd. to comply with Kalispell Sty for Design and
Nded on Fmd Pfa#
2. The snbk t bmndery shall be piaoea along the oommon %2U of the
The Patty Wall Agce=W is ="od
3. Obtain and comply with a butl&g permit such that the conversion
of do wisft bu&Hng to townhouses meats titre "Ar*ements ofthe
Uhifixm Ben'kding Cock
App wM letter is mkom&
Ell. A. D . U . APPLK./%1 1' .- . ..
CITY/COUNTY 4T - 1,
,CO.
1'I:NAL, PLAT APPLICATION
_ Subdivision Na AP� 30 1999 s ,
Contact Person:
Name Le G r\ 0 Y C q r 1 ,--, G w�
Address _3 710 we3t St. 6tr", K
Phone No. Sao - Sa 1 - Oa 4Y
Owner:
CIEar+G✓ �. CGr ISU{�
T3,7io �.(r�• l ,A. csrr+A,'a7 `1 log.. (11 }.� 563o )
30S Nrrrib �1v�. 1R 16n 11 MT. SF701
Date of Preliminary Plat Approval: _avec.�4�a r 1 S ► r1 `1 Fs'
Type Subdivision: Residential X Industrial Commercial PUD _ Other
No. of Lots Propoaed___j_i Parkland:
Land in Lots (ac.) 4. 19 O Land (so.)
Cash -in -lieu $
Exempt
FILING FEE ATTACHED Note: Minor Subdivision - $200 + $10/lot
Major Subdivision - $300 + $10/lot
Prel. Plat waived - $400 + $10/lot
Not
ALLachad Awlicable
(MUST 019cx ON9)
I_ Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
_ V Tax Certification (Property taxes must be paid)
r/ Consent(s) to Plat (originals and notarized)
Sub. Improvements Agreement (attach collateral)
Parkland Cash -in -Lieu (Check attached)
Covenants (Original signature provided)
Homeowners By-Laws/Articles of Incorporation (Originals)
s./ Plate: 1 opaque cloth back (lard back)
2 mylar copies
3 bluelinea
Plat must be signed by all owners of record, Lisa surveyor and examining land surveyor.
Attach a letter which lists aw-A 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 shall be submitted. Blanket otatemento stating, for example, "all
Improvements are in place" are not acceptable.
A complete final application must bo submitted no less than 30 days prior to expiration
date of preliminary plat.
when MU final plat materials are submitted to the F.R.D.O. 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 final plat application and staff
report. Incomplete submittals will not be accepted and will i t be forwarded to the
governing body for approval. Changes to the approved preliminary plat may necessitate re-
consideration by the Planning Board.
1 certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and Wat false information will delay the
application and may invalidate any approval.rn,aJf, �y G
f r r r `- ( r: %-3�--I l
Owner s)Signature g CG�lsoh Date
THIS AGREEMENT is made and entered into by and between Diane R.
Anfenson, the owner of Unit A of Parkview Condominiums, and Eleanor B. Carlson,
the owner of Unit B of Parkview Condominiums, hereinafter jointly referred to as
"Owners".
The two Condominium Units A and B are located on Lot 58 of Parkview
Terrace Addition No. 1, according to the map or plat thereof, records of Flathead
County, Montana, and as evidenced by the Owners signatures hereon, they hereby
acknowledge that they have received preliminary subdivision approval to convert
Condominium Units A & B to Townhouse Lots 58A and 58B of Parkview Terrace
Addition No. 1.
The Owners expressly recognize and agree that the boundary between Lots
58A and 58B is the common wall of the existing condominium building, which is a
wall of not less than one hour fire resistive rating which is acceptable for multi -family
dwelling units; and therefore, is hereby dedicated "as built' and 'as is" as the
common party wall between subdivided Lots 58A and 58B of Parkview Terrace
Addition No. 1.
The Owners expressly dedicate said party wall and grant a mutual easement
running with and appurtenant to Lots 58A and 58B. This easement is for repair and
maintenance of said party wall and mutual access therein to install, repair and
maintain any utilities located therein, including but not limited to, electrical, plumbing
and heating.
DATED this day of a 2 e i 19�.
Diane R. Anfens , Owner of Unit A
c-t
E eanor B. Carlson, Owner of Unit B
:ss.
County of Flathead
-/I
On this::!a day of
the State of Montana
person whose
I
she executed e.
1494 before me, a Notary Public for
appeared Diane R. Anfenson, known to me to be the
to the wtthin instrument and acknowledged to me that
§
Publi f
th�te of ontana
(SEAL) h.OF t-idingMontana
5 -
my CommissionI axpires.
ONNESOT-4
STATE OF M6NTAM
-5TEA-/,N 5 :SS.
County of fkAhead
On thisa8'?--day of 1991 before me, a Notary Public for
the State of-MonjgpA personalappeared Eleanor B. Carlson, known to me to be the
person whose name is subscribed to the within instrument and acknowledged to me that
she executed the same.
GINA M. KRAUT
NOTAR f FULiLIC - HNNESOtA a blic for the Statq of MaAtaRa Mliltlyw1k
(SEA MYC—Ems. J"-31.MW Residing at 61—CLWA -'MGRtaPla;h4f�
My Commission expires:
• 'r a _ # is � •ic• . . .� '. � a _ c =a+r ,�
- _ • f .. ' • • s ! • '. 1, -.
•.•. the Declaration#xfUnit Ownership of Parkview Condominiums
August 17, 1989, as Document No, 89-229-10500, records of Flathead County,
Montana, and further they remove said Unit A and Unit B of Parkview
..0:
pter 23.
DATED this 19, day of 1ti��/.�, 1999.
6 ,
* -_ - • Owner of
Pursuant to §70-23-801, MCA, the undersigned Source One Mortgage
Services, Inc., is the Lienholder on Parkview Condominium Unit A and as
evidenced by its signature hereon, consents to the removal of Unit A from the
recorded Condominium Declaration and the provisions of the Montana Unit
Ownership Act, provided that this consent does not extinguish the lien as said lien
will survive as a lien against the property to be described as trot 58A,
DATED this 26th day Of February ,1999.
SOURCE ONE MORTGAGE SERVICES, INC.
8y'
Nancy R. ayat, Associate Vice P$esident
STATE OF MONTANA )
County of Flathead )
On this —a�— day of m n r c k , 199j, befom me, a Notary
Public for the State of Montana, personally appeared Diane R. Anfenson, known to
me to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same.
Notary Public for the State of Montana
(SEAL) Residue at La . ; w- , Montam
My Conx *lion
#1mtvl�q
STATE OF MONTMA )
5fi�V4
County of Ratiieed5 )
On this day of �� 199JK before me, a Notary Public for
the State of Montana, personally appeared Eleanor B. Carlson, known to me to be the
person whose name is subscribed to the within instrument and acknowledged to me that
she executed the same.
Notary Nblic4or the State of rftap 411 Yt yW SO i q
(SEAL) Residing at 5f C(d 0 0f , Montana irI rN vvv�q
cINA M. KRAUS
My Commission expires: )�ia�
r£ My Comm- Exp.Jaae 31< 2000
STATE OF Michi an
Oakland :SS.
County of1Ha#VM )
On this _2LIiay of February , 1998, before me, a Notary Public for
the State of MoDfim personally appeared Nancy R. Savat , known to me to be the
Assoc. piQQ PrAf the corporation that executed this Instrument or the persons who
executed the instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same.
Notary Public or Statb of Mich ga
(SEAL) Residing at Farmington Hills xMortt =
My Commission expires: Michigan
EDNA L. PARRAN
NOTARY PUBLIC, WAYNE COUNTY, MI
ACTING IN OAKLAND COUNTY, MI
W COMMISSION EXPIRES NOV.14,1999
r1;dL11t:;dU negional lieveluplilein "Ince
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
Dawn Marquardt
Marquardt & Marquardt Surveying
285 1 st Av. E.N.
Kalispell, MT 59901
RE: Waiver of Preliminary Plat Approval - Lot 58, Parkview Terrace Addition No. 1
This letter is in response to your request for waiver of preliminary plat approval on a townhouse
subdivision. The plat would divide into two sublots the existing condominium duplex on Lot 58
of Parkview Terrace Addition No. 1 in Kalispell. The property is in a city R-4 zoning district.
The lot is already fully developed. No significant adverse effects are anticipated on agriculture,
local services, the natural environment, wildlife, or public health and safety. Subdivision
regulations provide for a requirement to waive protest to an SID in lieu of actual street
improvements where a minor subdivision has access by an existing street.
Preliminary plat approval is hereby waived as provided for under Section 2.06 of the Kalispell
Subdivision Regulations subject to the following conditions:
1. The subdivision shall comply with Chapter 3 of the Kalispell Subdivision Regulations. In lieu
of street improvements, the subdivider shall waive protest to the creation of an SID to
upgrade Harrison Blvd. to comply with Kalispell Standards for Design and Construction.
2. The sublot boundary shall be placed along the common wall of the existing duplex.
3. Obtain and comply with a building permit such that the conversion of the existing building to
townhouses meets the requirements of the Uniform Building Code.
4. Sewer and water facilities shall be approved by the City of Kalispell Public Works
Department and MDEQ.
5. This waiver of preliminary plat approval is valid for three years and expires on November
17, 2001.
Waiver of preliminary plat approval does not constitute approval of the subdivision. Please
note that, for final plat approval, all requirements must be met per Section 2.07 and Chapter 3
of the subdivision regulations. If you have any questions, please call Steve Kountz at this
office.
Sincerely,
4
Thomas R. Jentz
Planning Director
TRJ/SK/sm
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
DEPARTMENT OF ENVIRONMENTAL QUALITY
PERMITTING AND COMPLIANCE DIVISION
MARC RACICOT, GOVERNOR
-STATE OF MONTANA
METCALF BUILDING
1520 E SIXTH AVE
&)444-3080 February 8, 1999 PO BOX 200%1
AX (406)444-1374 HELENA, MONTANA 59620-0901
Marquardt & Marquardt Surveying
285 1"Ave EN
Kalispell MT 59901
RE: Parkview Terrace Add. No.1
Flathead County
E.Q.#99-2083
Dear Sirs:
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with the Sanitation in Subdivisions Act, Title 76, Chapter 4, MCA 1995, and
the administrative rules, ARM Title 17, Chapter 36, Sub -Chapters 1, 3, & 6. Under 76-4-111 (3), MCA, this
subdivision is not subject to The Sanitation in Subdivisions Act, and can be filed with the county clerk and
recorder.
Since this subdivision is in a master planned area, and has fulfilled the requirements of the master plan exclusion,
the plat can be filed. Please note, however, the requirements of the Public Water Supply Act, Title 75, Chapter
6, MCA No construction of water supply or sewage disposal facilities can commence until the Department has
approved plans for those facilities submitted under Title 75, Chapter 6, and ARM Title 17, Chapter 38, Sub -
Chapter 4.
Plans and specifications must be submitted when extensions of any system of water supply, water distribution,
sewer, wastewater or sewage treatment or disposal is proposed. Construction prior to approval is prohibited,
and is subject to the penalty prescribed in the Public Water Supply Act, Title 75, Chapter 6, Section 113, MCA -
Where these plans have received approval from DEQ no further review is necessary. Where they have not
received approval, it is necessary to obtain approval prior to any construction.
Sincerely,
0. �l r
Karla D
Compliance Specialist
Subdivision Section
Water Protection Bureau
cc: City Engineer, City of Kalispell
file
AN EQUAL OPPORTUNITY EMPLOYER"
JAN-14-1999 16 : 53
.rya -14-99 TMU a 4: 16 ASTLE & ASTLE
P, Opp
CONK 'I.,
'bcoqmrated 1992 JAM
of -the Ckty Attome*y
Gkn NeW, Cky Anomey P.O. Box 1997
Rkhard Hkicd, Ant Oty Attonicy Kalispeu MT $199'7
Teiepe: ( ) 75&7708
Fax (406) 7 8-7771
Bill Aztlo
A.stle tIe
705 Mafia street
alispeli® MT 59901
Re: Party Mall Agr. eezent - Lot 58, Park View Terrace
P.03
At .long- Iast- I have hod an opportunity to review the above -
referenced Party Wall Agte nt.. IL-30-'fa,r as I assume the parties
to the Agreement underst4hd the r ifidatioris'of the document, this
office does riot object to its execution: would caution others,
doeixing to use this decision as ?precedent, that this office views
the acti= as disozet?6rary and only applicable ,in limited
situations. such an arrangement would never be granted for new
construction or if it appeared that sorreo'ne had circumvented the
rules..
an
Ne ,e
City A t�zne
pc: P.J. Sorenser.
Glen Neier, City Attorney
Richard Hickel, Asst. City Attorney
February 2, 1999
Brian Marquardt
Marquardt & Marquardt Surveying
285 1-It Avenue East North
Kalispell, MT 59901
Re: Amended Subdivision Plat of Lot 58,
Park View Terrace Add. No. 1
Dear Brian:
P.O. Box 1997
Kalispell MT 59903-1997
Telephone: (406) 758-7708
Fax (406) 758-7771
This letter acknowledges our telephone conversation of this date
regarding the above referenced matter. According to our
conversation, and a previous one with Bill Astle, your client owns
one-half of a duplex lot located on Lot 58 of Park View Terrace.
Apparently the duplex was constructed prior to 1983. Water service
is provided to the each unit of the duplex through a separate
service line. Sewer service to the City main consists of a single
service line approximately bisecting the respective lots.
Your client is in the process of selling her half of the duplex and
because of subdivision regulations must amend the plat. Current
Standards for Design and Construction (DS-03) require:
Sanitary Sewer Service Lines. Structures containing two
or more residences under separate ownership, such as
townhouses or condominiums, shall have separate sewer
lines for each residence. Structures containing two or
more residences, offices or businesses that are rental
units under common ownership may have one service line
for all occupants within a single structure.
Literally taken that portion of DS-03 quoted above would require
separate service lines for each residence in the building. In
cases of new construction, or when the single line can be construed
to be a circumvention of the rule, such would be the case. The City
objects to common sewer service in most situations because of
problems associated with maintenance and repairs. However, equity
H:\att\wp\Lot58Parkview.wpd
Brian Marquardt
February 2, 1999
Page 2
in this matter would mitigate against a strict enforcement of the
rule, where disruption to the occupants and the City would be
substantial, and there exist other grounds upon which a resolution
can be reached. -
Certainly, the age of the residence indicates that the single
service line was not constructed simply as a means of avoiding the
Standards for Design and Construction. Installation of separate
services would cause disruption to the both residences and require
substantial excavation at this particular site. Further, it does
not appear that the installation of separate services will result
in any benefit to the owners or detriment to the City in terms of
maintenance and repair.
Therefor', ;baed upon'
office -that;-the- single s
'the two : 6 s r at
contains language that tth
maintenance and repairt%
the owners therespect
Sincerely,
Glen Neier
City Attorney
pc: Bill Astle
Public Works
H:\att\wp\Lot58Parkview.wpd
s
City
Pursuant , Section
Bawficiary.in 7t .' certain Deed K recorded i.
±�, i .: � �1 TI:341.;Ez"' -. �. A-T'!`; ! "ji 1 i 5�.� Y ' =:f?.! t�«�!.` ;i
rl" Li
11-1MR-A—M WHEREOF, said p" has caused his fner name to be subscribed dweto,
dliS 26thday,day0f February
,..
S ice One Atortgage Services Corporation
Nancy R. Savat, Associate Vice President
STATE OF MICHIGAN
COUGLY Of Oakland
Oki 'ir.- 26th day Of February 19 • • before ' iii' the undersigned, Notary .,u b.
for 1he State aforesaid, personally appeared Nancy R. Savat —, of Some One
Services Corporation, known to me to be the Person whose name is subscribed to the forego'
,li.ri 1 'fi.:.iE: „i1 ► .� sd fe' " 1 , mehat h executed )same.
777"r IF
INWAm- F, m umv-
Public
of Michigan
Residiag8t 27555 Farmington Rd., Farmington Hills, MI
My Commission ires
EDNA L PARR
NOTARY PUBLIC, WAv'v CounTY, kv
ACTING IN OAKLAND COUNTY, MI
MY COMMISSION EXPIRES NOV 14,1999
PLAT ROOM
FLATREAD COUNTY, •
1300 S. MAIN
I
KALISPELL, M 59901
i
THIS FORM TS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY
B Y : A -
FOR : yL/
D E S C P
o ' V
YEARS ASSESSOR #
1992 THRU /llf'
AND TO DATE
DATE:
PURPOSE
I hor9by cortify that there are no outstanding taxes on the
property assigned the assessor numbers listed above, for the years
indicated fr-)r each assessor number.
J.
DEPUTY TREASURER
GUARANTEE
S� AMERI
c
9
4-
First American Title Insurance Company
J
164067
1347(11/68)
FILE NO.: CT-56355
FEE: $125.00
J-164067
SUBDIVISION OR PROPOSED SUBDIVISION: Amended Subdivision Plat of Lot 58, Park
View Terrace Add No. 1
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 Surveying
FOR THE PURPOSE 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 as follows:
Unit No. A and B, of Parkview Condominuiums, being located on a tract of land:
Lot 58 of Parkview Terrace Addition No. 1, according to the map or plat
thereof, records of Flathead County, Montana, in the office of the County
Clerk and Recorder.
TOGETHER WITH a common percentile interest in the appurtenant common elements
of said condominium as the said unit and common areas are established, defined
and identified in the Declaration of Unit Ownership and exhibits attached
thereto, dated August 17, 1989 as Document No. 89-229-10500, records of
Flathead County, Montana and STATEMENT OF COVENANTS, CONDITIONS, RESTRICTIONS
AND BYLAWS OF ASSOCIATION OF UNIT OWNERS OF PARRVIEW CONDOINIUMS, recorded
August 17, 1989, as Doc. No. 89-229-10510, records of Flathead County,
Montana. This unit to be used for residential purposes.
The above -described tract of land is to be known and designated as
Amended Subdivision Plat of Lot 58, Park View Terrace Add No. 1.
(1) Parties having record title interest in said lands whose signatures are
necessary under the requirements of Flathead County Subdivision Regulations
on the certificates consenting to the recordation of Plats and offering for
dedication any streets, roads, avenues and other easements offered for
dedication by said Plat are: Diane R. Afenson as vested party to Unit A.
Eleanor B. Carlson as vested party to Unit B. Source One Mortgage Services
Corporation as last Assignee in Deed of Trust.
Continued...
FILE NO.: CT-56355
(2) Parties holding liens or encumbrances on the title to said lands are:
1. General and special county and city taxes for the year 1999, a lien not yet
payable.
2. General and special county taxes for the second half of 1998, are not paid.
NOTE: General and special county taxes for the first half of 1998 and all
prior years have been paid in full.
Deed of Trust dated July 23, 1998, to secure an indebtedness in the principal
sum of
AMOUNT : $90,000.00, and any other amounts and/or obligations secured
thereby.
RECORDED : July 23, 1998, as Doc. No. 1998-204-15070,
records of Flathead County, --Montana.
GRANTOR : Diane R. Anfenson and Robert F. Muller, as joint tenants
TRUSTEE : Citizen's Title & Escrow Company, Inc_
BENEFICIARY: Mann Finanacial Inc. d/b/a/ Mann Mortgage
Assigned to Source One Mortgage Services Corporation, by instrument
recorded July 23, 1998, as Doc. No. 1998-204-15080, records of Flathead
County, Montana.
(3) Easements, claims of easements and restrictions agreement of record are:
1. Eight (8) foot easement for utilities and cable T.V. as disclosed by the
plat of Parkview Terrace Addition No. 1, and on the Proposed Plat of Amended
Subdivision Plat of Lot 58, Park View Terrace Add No. 1.
2. All buildings are to be set back from the front property lines at least 25
feet as found on the plat of Park View Terrace Addition No. 1.
3. Ashley Irrigation ditch over premises, constructive notice given by Order
Extending the Area of said District, recorded August 15, 1960 as Doc. No.
5501, records of Flathead County, Montana.
4. Easement granted to Pacific Power and Light Company, a corporation recorded
September 27, 1971 in Book 530, Page 227, as Doc. No. records of Flathead
County, Montana.
5. Covenants, conditions and restrictions recorded October 25, 1968 in Book
503, Page 06, as Doc. No. 7660, records of Flathead County, Montana, but
deleting any covenant, condition or restriction indicating a preference,
limitation or discrimination based on race, color, religion, sex, handicap,
familial status, or national origin to the extent such covenants, conditions
or restrictions violate 42 USC 3604(c).
Continued...
FILE NO.: CT-56355
No. 5 Cont.
Amendment to said covenants recorded October 8, 1969 in Book 509, Page
437, as Doc. No. 6805, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Amendment to said covenants recorded November 1, 1973 in Book 559, Page
887, as Doc. No. 12722, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Amendment to said covenants recorded November 9, 1973 in Book 559, Page
965, as Doc. No. 12972, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Amendment to said covenants recorded November 25, 1974 in Book 576, Page
258, as Doc. No. 11318, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604 (c) .
Amendment to said covenants recorded December 13, 1974 in Book 576, Page
527, as Doc. No. 11971, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Amendment to said covenants recorded March 18, 1977 in Book 611, Page
810, as Doc. No. 3221, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Amendment to said covenants recorded May 17, 1977 in Book 615, Page 750, as
Doc. No. 6117, records of Flathead County, Montana, but deleting any covenant,
condition or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status, or national
origin to the extent such covenants, conditions or restrictions violate 42 USC
Amendment to said covenants recorded June 3, 1982 in Book 741, Page 217,
as Doc. No. 7899, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Continued...
FILE NO.: CT-56355
6. Reservation of any and all water rights appertaining or appurtenant
thereto, including, but not limited to, rights in and to Ashley Irrigation
District and its ditches as found in deed recorded September 12, 1973, in Book
560, Page 06, as Doc. No. 10242, records of Flathead County, Montana.
7. Easement Agreement for Driveway purposes as disclosed by document recorded
October 22, 1979, in Book 678, Page 935, as Doc. No. 16102, records of
Flathead County, Montana.
8. DECLARATION OF UNIT OWNERSHIP OF PARKVIEW CONDOMINIUMS KALISPELL, MONTANA,
recorded August 17, 1989, as Doc. No. 89-229-10500, records of Flathead County,
Montana, but deleting any covenant, condition or restriction indicating a
preference, limitation or discrimination based on race, color, religion, sex,
handicap, familial status, or national origin to the extent such covenants,
conditions or restrictions violate 42 USC 3604(c).
9. STATEMENT OF COVENANTS, CONDITIONS, RESTRICTIONS AND BYLAWS OF ASSOCIATION
OF UNIT OWNERS OF PARKVIEW CONDOINIUMS, recorded August 17, 1989, as Doc. No.
89-229-10510, executed by William R. Schottelkorb and Susan 0. Schottelkorb,
records of Flathead County, Montana, but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status, or national origin to
the extent such covenants, conditions or restrictions violate 42 USC 3604(c).
10. All covenants, conditions, restrictions, limitations, exceptions,
reservations, rights, term provisions, obligations, powers, easements, rights
of way, liens, and charges, but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status, or national origin to
the extent such covenants, conditions or restrictions violate 42 USC 3604(c)
as shown in the following document:
Declaration of Unit Ownership of Parkview Condominium and attached
exhibits including but not limited to statement of covenants and by laws of
Association of Unit Owners of Parkview Condominium and floor plans, recorded
August 17, 1989 as Document No. 89-229-10500, records of Flathead County,
Montana and STATEMENT OF COVENANTS, CONDITIONS, RESTRICTIONS AND BYLAWS OF
ASSOCIATION OF UNIT OWNERS OF PARKVIEW CONDOINIUMS, recorded August 17, 1989,
as Doc. No. 89-229-10510, records of Flathead County, Montana.
11. Terms, provisions, limitations and conditions imposed by the Montana Unit
Ownership Act M.C.A. Title 70 Chapter 23.
Continued...
FILE NO.: CT-56355
12. The above described property is located within and subject to the
jusisdiction of the Kalispell Fire District.
DATED: January 25, 1999, at 8:00 A.M'
Subscribed and sworn to before me this�8ay of19 - -
Notar Pu-blip for State of Montana
Residing
My Commission Expires