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Staff Report/Final Plato® ®ty Planning 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityra,,ce nturytel. net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Final Plat for Ride Subdivision MEETING BATE: November 15, 2004 BACKGROUND: This is a request for final plat approval for Ride Subdivision, a two lot residential subdivision on approximately 0.44 of an acre (19,307 square feet located) at 1602 Fifth Ave. East in Kalispell. The property is zoned RA-1 Low Density Multi -Family. This property was subject to a recently approved conditional use permit (KCU-03-1) to allow the construction of two tri-plex apartment buildings. Preliminary plat approval for this subdivision was waived by the Tri-City Planning Office on October 24, 2003 subject to five conditions because the subdivision meets the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations and detailed in the attached transmittal letter. The property owner has met the five conditions that are also detailed in the transmittal letter. Findings of fact are found in attached staff report KWP-04-5 which review the conditions of approval and a how they have been met. RECOMMENDATION: A motion to adopt the findings of fact in the resolution approving the final plat for Ride Subdivision would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, I -A�4 11 Narda A. Wilson James H. a rick Senior Planner City Manager Report compiled: November 9, 2004 Attachments: Letter of transmittal Final plat application and supporting documents REPORTS \KALISPELL\KWP04-5MEMO. DOC Providing Community Planning Assistance To: ® City of Columbia Falls ® City of Kalispell ® City of Whitefish Tri-City Planningice 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 November 9, 2004 James H. Patrick, City of Kalispell P.O. Box 1997 City Manager Kalispell, MT 59903 RE: Final Plat Approval for Ride Subdivision Dear Jim: Our office has received an application for final plat approval from Jackola Engineering on behalf of DOS Properties, for a two lot residential subdivision. Preliminary plat approval for this subdivision was waived on October 24, 2003, subject to five conditions. This property is located on the west side of Fifth Avenue East, north of 18th Street and will create two lots and a remainder parcel. The property is zoned RA-1 Low Density Multi -Family. This property was subject to a recently approved conditional use permit (KCU-03-1) to allow the construction of two tri-plex apartment buildings. The existing lot contains approximately 19,307 square feet (0.44 of an acre). The property address is 1602 Fifth Avenue East and can be described as a portion of Assessor's Tract 5-5 located in Section 17, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana. Currently this property is developed with a tri-plex on each lot. This area is generally residential in character along Fifth Avenue East with apartments to the south and single-family residences to the north and east. This block provides a transition area between the more intensive uses located along Third Avenue East to the west that are commercially developed. The property has a zoning designation of RA-1, Low Density Residential Apartment, which lists multi -family dwellings as a conditionally permitted use. The density allowed under this zone is 6,000 square feet for the first duplex and 3,000 square feet for each additional unit. Our office waived the preliminary plat on October 24, 2003 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 Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • Final Plat for Ride Subdivision November 9, 2004 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-04-5 concurrent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been met. Condition No. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. ® This condition has been met. The lot in the subdivision complies with the preliminary plat that was waived. Condition No. 2. That the lots and existing buildings comply with the development standards of the RA-1 zoning development standards. ® This condition has been met. The building and lots in the subdivision complies with the development standards of the RA-1 zoning district. A flag lot configuration has been used for the creation of Lot 1 to the west. Condition No. 3. Separate sewer and water metering shall be provided to each lot. • This condition has been met. The required connections were done at the time of the construction of the buildings. Condition No. 4. A Certificate of Subdivision Approval be obtained from the Department of Environmental Quality. ® This condition has been met. See attached MDEQ letter dated December 30, 2003 certifying the subdivision will be connected to municipal facilities. Condition No. 5. This waiver of preliminary plat approval is valid for three years and shall expire on October 13, 2006. 2 Final Plat for Ride Subdivision November 9, 2004 Page 3 ® This condition has been met. The final plat was submitted prior to expiration of the waiver. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved. This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the RA-1, Low Density Residential zoning designation assigned to the property. All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-04-5 as findings of fact and approve the final plat for Ride Subdivision. Please schedule this matter for the next regular city council meeting of November 15, 2004. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, Narda A. Wilson, AICP Senior Planner NW/ Attachments: Vicinity map 1 opaque mylar 1 reproducible mylar 1 paper copy Staff Report KWP-04-5 Ltr from Jackola dated 8 / 24 / 04 Final plat application received 10/7/04 Letter from TCPO for pre plat waiver dated 10/24/04 DEQ approval #E.Q. #04-1931 datedl2/30/03 3 Final Plat for Ride Subdivision November 9, 2004 Page 4 Treasurers Certification dated 8/24/04 Title Report from First American Title dated 9/21/04 Consent to Plat from First Interstate Bank dated 9/27/04 Copy of final plat of lots C: Dos Properties, Denman / Rice, 5733 Hwy 93 So., Whitefish, MT 59937 Jackola Engineer, P.O. Box 1134;, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \FRDO \REPORTS \KALISPEL\KWP\04 \KWP-04-5 ltr.DOC RIDE SUBDIVISION OFFICETRI-CITY PLANNING REPORTSTAFF 1 • to M M News 110KC.11� 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 October 24, 2003, subject to five conditions. BACKGROUND: This is a two lot residential subdivision and a remainder parcel in an RA-1 zoning district which will create two lots on the west side of Fifth Avenue East, north of 18th Street East. The property is currently occupied by two tri-plex buildings that will be conveyed separately. A. Applicant: DOS Properties Craig Denman / William C. Rice 5733 Hwy 93 South Whitefish, MT 59937 (406) 863-9925 Technical Assistance: Jackola Engineering 8v Architecture P.O. Box 1134 Kalispell, MT 59903 (406) 755-3208 B. Location: The property is located on the west side of Fifth Avenue East north of the Birchwood Apartments. The property address is 1602 Fifth Avenue East and can be described as a portion of Assessor's Tract 5-5 located in Section 17, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana, Flathead County. C. Size: Total area: 0.44 acre (19,307 square feet) Lot 1: 10,306 square feet Lot 2: 9,001 square feet D. Existing and Adjacent Land Uses: Currently this property is developed with a tri-plex on each lot that will be conveyed separately as a result of this subdivision. The Birchwood Apartments lie to the south of this property, single family and duplex to the east and north and a mini -storage facility that is under construction lies to the west. E. Zoning: The property is zoned RA-1, Low Density Residential Apartment. This zoning district has a minimum lot width requirement of 60 feet and a minimum lot size requirement of 6,000 square feet Both of the proposed lots are in compliance with the zoning. Each lot requires 3,000 square feet per unit the RA-1 zone for a total of 9,000 square feet for the triplex buildings. G. Relation to Growth Policy: The property is designated as Urban Residential in the Kalispell Growth Policy 2020. The existing R-3 zoning and the proposed uses for the site comply with the anticipated development for the area. H. Utilities: Water and Sewer: Electricity: Telephone: Gas: School: Police: Fire Protection: City of Kalispell Flathead Electric Coop CenturyTel Northwest Energy School District #5, Kalispell City of Kalispell City of Kalispell This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected to significantly impact the service provided by the district. A fire hydrant is located nearly across the street from this property to the east. Vegetation and topography: The property is relatively level and has mature vegetation and landscape that will likely remain. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped in big game habitat winter range and does not provide habitat to significant wildlife other than some birds and small animals with occasional deer in the area. C. Effects on the Natural Environment: The subdivision will be served by City of Kalispell water and sewer minimizing impacts to groundwater. There is no surface water or ground water in the area that can be anticipated to be impacted when this property is developed. Any impacts on the natural environment related to this subdivision will be insignificant. D. Effects on Local Services: Sewer and Water: The City of Kalispell will provide water and sewer service to the property and currently serves the existing residence. It will serve the new residence as well once developed. There are existing water and sewer mains 2 directly accessible to the site and no new water or sewer mains will be needed to be extended to service this property. Access and Roads: Access to the site can be obtained directly from Fifth Avenue East. This is an existing City street that is owned and maintained by the City of Kalispell. It is approximately 24 to 28 feet wide and does not have a curb or sidewalk. Due to the substandard nature of the street, this city council required the waiver to protest the creation of an SID to improve the roadway at some point in the future when the conditional use permit was granted. The additional lot will be developed with a single family residence. The impacts to the roadways in the area will be minimal. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is residential in nature and will have limited impacts on the enrollment of the school district and may result in one additional school aged child being enrolled in the district. Parks: Parkland dedication is not required for minor subdivisions. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Refuse disposal will be provided by the City of Kalispell. The proposed subdivision is not expected to impact the landfill. Medical Services: Emergency medical service is provided by the Kalispell Regional Hospital; Ambulance and Life Flight services are also available. E. Effects on Agriculture: This subdivision is in the urban area of Kalispell and the area has been developed to an urban density. This property has not been used for agricultural purposes in the past and will have no effect on agricultural activities in the Valley. F. Compliance with the Kalispell Subdivision Regulations This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.06 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there are no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental wildlife and wildlife habitat and the public health and safety. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. I. Compliance with the Kalispell Zoning Ordinance: This subdivision complies with the minimum lot size and lot width requirements of the RA-1, Low Density Residential Apartment, zoning district. Each lot meets the minimum lot size requirement for the triplex units currently existing on the property. The subdivision complies with the zoning for the property. Staff recommends that the Kalispell City Council adopt Staff Report KWP-04-5 as findings -of -fact for the proposed subdivision and approve the final plat. H:\FRDO\REPORTS\KALISPEL\KWP\04\KWP-04-5RIDE SUB.DOC nw August 24, 2004 ri .SINCE• .1969. c o� o, a° .q� o _m�rure, Surveyl°g Mr. Tom Jentz Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Re: Final Plat Ride Subdivision Sec. 17, T28N, R21W, PMM,M, Flathead County Dear Tom: Enclosed for your review is the data for Fi nal Plat review on the above referenced Subdivision. The following conditions for approval are as follows: 1. That the final plat is in substantial compliance with the preliminary plat that was waived. The Subdivision is in compliance with the conditions of approval. 2. The lots shall comply with the RA -1 Zoning Development standards The Subdivision is in compliance with the RA -1 Zoning 3. Separate sewer and water services and metering shall be provided to each lot. Two Tri-plexes have been build on site and separate sewer and water services have been installed. (P)406.755.3208 (F)406.755.321 6 PO BOxI 1 34 -1 830 3RD AVE E SUITE 302, KALISPELL,MT. 59901 4. A certificate of subdivision plat approval shall be obtained from the Montana Department of Environmental Quality. See enclosed Montana Department of Environmental Quality approval. 5. This waiver of preliminary plat approval is valid for three years and will expire on October 24, 2006. This condition has been met. Should you have any questions, please do not hesitate to contact me. Thank you. I remain . . . . . Si cerely, ames H. Burton (P)406.755.3206 (F)406.755.321 B PO Bax1 1 34 -1 630 3" AVE E SUITE 302, KALISPELL,MT. 59901 Tril-Clity Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityplanningC&ce nturytel. net www.tricityplanning-mt.com October 24, 2003 James Burton Jackola Engineering, Architecture & Surveying 1830 Third Ave. East Kalispell, MT 59901 Re: Waiver of Preliminary Plat Approval for a two lot subdivision at 1602 Fifth Ave. East Dear Jim: This letter is in response to your request for waiver of preliminary plat approval on behalf of your client RIDE, LLC for a proposed two -lot subdivision from a single tract of land at 1602 Fifth Ave. East in Kalispell. The property is zoned RA-1 Low Density Multi -Family. This property was subject to a recently approved conditional use permit (KCU-03-1) to allow the construction of two 3-plex apartment buildings. 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. The lots shall comply with the RA-1 Zoning Development standards. 3. Separate sewer and water services and metering shall be provided to each lot. 4. A certificate of subdivision plat approval shall be obtained from the Montana Department of Environmental Quality. 5. This waiver of preliminary plat approval is valid for three years and will expire on October 24, 2006. Providing Community Planning Assistance To: ® City of Columbia Falls ® City of Kalispell ® City of Whitefish RIDE LLC - 1602 51h Ave E Re: Waiver of Preliminary Plat October 24, 2003 Page 2 of 2 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 contact this office. Sincerely, Thomas R. Jentz Planning Director TJ/ sm c: Jim Burton, Jackola Engineering, 1830 3rd Avenue Ease, Kalispell MT 59901 LETTERS \WAIVEPP\03 \RIDE, LLC 1602-5TH AVE E Mon ntta �n a Department of10 X:A ♦ 111Oi�MEN ALLQUAIJTY Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us December 30, 2003 Jackola Engineering PO Box 1134 Kalispell MT 59903 Dear Mr Jackola: RE: Ride Subdivision i'.1>anicipal Facilities Exclusion EQ#04-1931 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 76-4-124, 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}. Constriction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Public Water Supply Section, Kalispell Office for their review. Sincerely, C� anet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us cc: City Engineer, City of Kalispell County Sanitarian file Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division OfficeTri-City Planning Second17 St. East, Suite 211 Kalispell MT ••0 .0•0.; KALISPELL X WHITEFISH COLUMBIA FALLS Project / Subdivision Name: Subdivision Plat of RIDE SUBDIVISION Contact Person: Name:Jackola Engineering & Arch. Address: P.O. Box 1134 Kalispell, Montana 59903 Phone No.: 755-3208 Owner & Mailing Address: DOS Properties Craig Denman & William C, Rice _5733 Highway 93 South Whitefish Montana 59923 863-9925 Date of Preliminary Plat Approval:_ Preliminary Plat Waived October 24, 2003 Type of Subdivision: Residential X Industrial Commercial PUD Other No. of Lots Proposed 2 Parkland (ac.) N/A Land in Project (ac.) _19,307 S.F.Cash-in-Lieu $ N/A Exempt FILLING FEE ATTACHED $ 680.00 Minor Subdivision with approved preliminary plat $400 + $40/lot Major Subdivision with approved preliminary plat $650 + $40/lot Subdivisions with Waiver of Preliminary Plat $600 + $40/lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (MUST CHECK ONE) X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid)1) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X Plats: 1 opaque OR 2 Mylars 1 Mylar copy 1 signed blueline 4 blueline 1 bluelines, unsigned The plat must be signed by all owners of record, the surveyor and 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 sj,ibmitted. 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 theTri-City Planning Office 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 Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. • -. that the County Clerk & Recorder requestssubdivision accompaniedfinal plat applications be with a digital copy. CRAIG NMAN r WILLIAM C. RICE Date ®_ 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 As approved by the TCPB , Effective 3/ 15/04 1 CONSENT TO PLAT We, the undersigned, FIRST INTERSTATE BANK, do hereby consent to the platting of the real property described as "RIDE SUBDIVISION", attached hereto, and by this reference made a part hereof. FIRST INTESTATE BANK m STATE OF MONTANA ) SS County of Flathead ) On this ,� day of _4r_____, 2004, before me, the undersigned, a Notary Public foz the State of Montana, personally appeared Ct (tit UI4W_ i� _ _____ ,and known to me to be the1f FIRST INTERSTATE BANK and who subscribed %[ name to the within instrument and acknowledged to me thattV�C— executed the same for said Corporation. Notary Public for the State of Montana Mill",Residing at Montana 11`��rL°_'y -- ?y- NOTARY PUBLIC-MONTANA My Commission Expires����� —L:*= Residing at Kalispell. Montana ' SEAL � „`' My Comm. Ezpkees Plat Rnr i Fla►head Count',,, Pv1n �r�na 800 S. Main St. Kalispell, MT 590(' 1 (406) 758-5510 This Form is for Subdivisions & Condominiums Only gO BY: FOR: DU -S .ATE / 2/2 q 16 3 DESCP: .e �u,6 . PURPOSE . CT„. SS -7-a8-.2�� YEARS ASSESSOR ff 1999 TPRU aid 3--- 0 ML son ------------ & TO DATE I herehy certify that there are no outstanding taxes on the property assignnrl the assessor nurnhers listed abnve, for the years indic,,fret r-r each assessor number. r 2004 Deputy Treasurer (seal) GUARANTEE $-V AMER,0 FirstAmerican Title Insurance Company C H 358.884 FILE NO.: CT-82402 PAGE 2 H 358964 (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 dedication by said Plat are: William C. Rice and Craig Denman - Vested Owners First Interstate Bank - Beneficiary 1. General and special county and city taxes for the year 2004, a lien not yet payable. NOTE: General and special county and city taxes for the year 2003 and all prior years have been paid in full. 2. Special Improvement District No. 341 for 5th Street Sewer levied by City of Kalispell. 3. Deed of Trust dated June 15, 2004, to secure an indebtedness in the principal sum of AMOUNT $189,000.00, and any other amounts and/or obligations secured thereby. RECORDED June 16, 2004, as Doc. No. 2004-168-16330, records of Flathead County, Montana. GRANTOR William C. Rice and Craig Denman TRUSTEE Sterling Title Services BENEFICIARY: First Interstate Bank AFFECTS : A portion 4. Deed of Trust dated June 15, 2004, to secure an indebtedness in the principal sum of AMOUNT $189,000.00, and any other amounts and/or obligations secured thereby. RECORDED June 16, 2004, as Doc. No. 2004-168-16340, records of Flathead County, Montana. GRANTOR Craig Denman and William C. Rice TRUSTEE Sterling Title Services BENEFICIARY: First Interstate Bank AFFECTS : A portion Continued... FILE NO.: CT-82402 PAGE 3 H 358964 5. Deed of Trust dated June 15, 2004, to secure an indebtedness in the principal sum of AMOUNT $17,234.00, and any other amounts and/or obligations secured thereby. RECORDED June 17, 2004, as Doc. No. 2004-169-16190, records of Flathead County, Montana. GRANTOR Craig Denman and William C. Rice TRUSTEE Sterling Title Services BENEFICIARY: First Interstate Bank AFFECTS : A portion Modification agreement recorded August 4, 2004, as Doc. No. 2004-217-16160, records of Flathead County, Montana. 6. Deed of Trust dated June 15, 2004, to secure an indebtedness in the principal sum of AMOUNT $16,594.00, and any other amounts and/or obligations secured thereby. RECORDED June 17, 2004, as Doc. No. 2004-169-16210, records of Flathead County, Montana. GRANTOR William C. Rice and Craig Denman TRUSTEE Sterling Title Services BENEFICIARY: First Interstate Bank AFFECTS : A portion Modification agreement recorded August 4, 2004, as Doc. No. 2004-217-16170, records of Flathead County, Montana. (3) Easements, claims of easements and restriction agreement of record are: 1. Grant of Conditional Use between the City of Kalispell and William C. Rice and Ron and Merna Terry, recorded July 16, 2003, as Doc. No. 2003-197-11400, records of Flathead County, Montana. 2. Waiver to Protest Special Improvement District recorded November 10, 2003, as Doc. No. 2003-314-11150, records of Flathead County, Montana. 3. Road, Drainage, Utility and Parking Easement as shown on the proposed Plat of Ride Subdivision and on Certificate of Survey Nos. 15928 and 15929. Continued... FILE NO.: CT-82402 PAGE 4 H 358964 4. Utility Easement Certificate as shown on the proposed Plat of Ride Subdivision and on Certificate of Survey Nos. 15928 and 15929. The above described property is located within and subject to the jurisdiction of the Kalispell Fire District. DATED: September 10, 2004 at 8:00 A. Subscribed and sworn to before me thi '4 `moo., *' NOTARIAL:*= SEAL 'e TRACY J. MARTIN NOTARY PUBLIC-MONTANA Residing at Kalispell, Montana 11 a �j�5' day of C 2OC4 Nota Public for State of Montana Residing at My Commission Expires My Cornm. Expires Aug.16, 2005 THE END