The URL can be used to link to this page

Staff Report/Final PlatTri-City Planningice 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT: Final Plat Approval for Subdivision 215 MEETING DATE; February 3, 2003 BACKGROUND: This is a one lot residential subdivision which segregates as single parcel from a larger approximately 11 acre parcel. The remainder parcel to the west was reviewed and approved as a preliminary plat for Sunnyside Subdivision. There is an existing house that lies to the west of this parcel that will be part of the Sunnyside Subdivision. This approximately 0.545 acre parcel is undeveloped and has been used for occasional grazing in the past. The property lies on the southwest corner of Denver Avenue and Sunnyside Drive. This property was annexed into the city in January of 2002 for the purpose of connecting to City utilities at the time of development. The property is zoned R-4, Two Family Residential. With the recording of this subdivision, a portion of Denver Avenue will be dedicated to the City of Kalispell as indicated on the plat. Additionally the property owner has agreed to waive protest to the creation of a special improvement district for the upgrade of Denver Avenue to City standards when the time comes. Currently this roadway is approximately 42 feet wide with a pedestrian walkway delineated on the west side of the road. It is a private road from Lone Pine View Estates Subdivision to Sunnyside Drive even though it is maintained by the City of Kalispell. This roadway was constructed to County standards with the development of Lone Pine View Estates. The dedication of this portion of Denver will bring the road one step closer to being owned by the City. Our office waived the preliminary plat subject to five conditions on May 28, 2002 because it can been found that the subdivision meets the criteria for preliminary plat approval waiver 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-03-1 which review the conditions of approval and a how they have been met. RECOMMENDATION: Approval of the final plat would be appropriate. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • Final Plat for Subdivision 215 January 28, 2003 Page 2 Respectfully submitted b Narda A. WAson Senior Planner Report compiled: January 28, 2003 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager attachments: Transmittal letter and application Staff report KWP-03-1 Plats H: \REPORTS\... \KWP03- l.DOC A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION 215, DESCRIBED AS A PORTION OF ASSESSOR'S TRACT 8 LOCATED IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Owl Corporation, the owner of certain real property described above, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on May 28, 2002 by the Tri City Planning Office according to Section 2.06 of the Kalispell Subdivision Regulations subject to four (4) conditions, all of which have been met, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Tri City Planning Office has reviewed the proposed subdivision and made a report (KWP-03-1) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608, MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Tri City Planning Office Report #KWP- 03-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Owl Corporation for final plat approval of Assessor's Tract 8 located in Section 19, Flathead County, Montana, is hereby approved. SECTION III. The classification of said premises under the Kalispell Interim Zoning Ordinance shall not be changed by the action. SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 3RD DAY OF FEBRUARY, 2003. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Tri-City PlanningOffice 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 January 28, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval for Subdivision 215 Dear Chris: Our office has received an application from Sand Surveying on behalf of Owl Corp for a one residential subdivision that creates an approximately one have acre lot that fronts along Denver Avenue. This parcel is a portion of the original tract that received preliminary plat approval as Sunnyside Subdivision. The property contains approximately 0.706 acres with 0.545 acres contained within the lot and 0.161 acres in the Denver Avenue easement. This property is undeveloped and will be connected to City water and sewer at the time of construction. The property is located on the southwest corner of Denver Avenue and south of Sunnyside Drive. It was annexed in January of 2002 and given a zoning designation of R-4, Two Family Residential. The property can be described as a portion of Assessor's Tract 8 located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Our office waived the preliminary plat on May 28, 2002 subject to five 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 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-03-1 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: • City of Kalispell • City of Whitefish • City of Columbia Falls Final Plat for Subdivision 215 January 28, 2003 Page 2 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 driveway access be obtained from Denver Avenue and any needed improvements be made prior to final plat submittal. ® This condition has been met. There is no existing driveway but the new driveway will be required to be located along Denver Avenue since Sunnyside Drive is identified as a collector street. Condition No. 3. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district to upgrade Denver Avenue. ® This condition has been adequately addressed. A notarized statement has been submitted with the final plat and will be recorded to notice future property owner of this waiver. Condition No. 4. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality. ® This condition has been met. MDEQ letter dated 5/ 13/02 certifying that the subdivision will be connected to municipal facilities has been submitted with the final plat. Condition No. 5. This waiver of preliminary plat approval is valid for three years and shall expire on May 28, 2005. ® 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 substantial compliance with the State and City Subdivision Regulations. 2 Final Plat for Subdivision 215 January 28, 2003 Page 3 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-03-1 as findings of fact and approve the final plat for Subdivision 215. Please schedule this matter for the next regular city council of February 3, 2003. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, V Narda A. Wil on, AICP Senior Planner NW/ Attachments: 1 opaque mylar 1 reproducible mylar 1 paper copy Staff Report KWP-03-1 Ltr from Sands Surveying dated 9/30/02 Final plat application not dated Letter from TCPO for pre plat waiver dated 5/28/02 DEQ approval #E.Q. #02-2344 dated 5/ 13/02 Treasurers Certification dated 1/24/03 Title Report from Sterling Title dated 11/4/02 Waiver to protest SID dated 9/30/02 Location Map Map showing location of lots C: Owl Corp, 500 Palmer Drive, Kalispell, MT 59901 Sands Surveying, 2 Village Loop, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \REPORTS\KALISPELL\03\KWP3-01LTR.DOC SUBDIVISION OFFICETRI-CITY PLANNING REPORTSTAFF r EXEVIEW AND FINDINGS OF JANUARY 28, •r A report to the Kalispell City Council for findings of fact for a one lot residential subdivision. Preliminary plat approval for this minor subdivision was waived on May 28, 2002, subject to several conditions. BACKGROUND: This is a one lot residential subdivision which will create an additional parcel to the north of the existing single family residence. A. Applicant: Owl Corporation 500 Palmer Drive Kalispell, MT 59901 (406) 752-4666 Technical Assistance: Sands Surveying 2 Village Loop Kalispell, MT 59901 (406) 755-6480 B. Location: The property is located on the southwest corner of Denver Avenue and Sunnyside Drive. The parcel contains approximately 0.706 acres and 0.161 in roadway. It can be described as a portion of Assessors Tract 8 located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Total area: 0.706 acre (30,753 square feet) Lot 1: 0.545 acre (23,749 square feet) Denver Avenue ROW: 0.161 acre (7,013 square feet) D. Existing and Adjacent Land Uses: This property is undeveloped and was previously used for grazing. The existing uses in the immediate area are primarily single family homes with a pending subdivision to the west, Sunnyside Subdivision that will be a mix of single family and duplex townhomes. Currently this property to the west is undeveloped with the exception of a single family residence immediately to the west of this site. D. Zoning: The property was zoned R-4, Two Family Residential when it was annexed in January of 2002. This district allows single family dwellings and duplex dwellings as permitted used. The minimum lot size requirement in the R- 4 district is 6,000 square feet and a minimum lot wide of 50 feet. E. Relation to Master flan Map: The property is designated as Urban Residential on the Kalispell City -County Master Plan Map. The R-4 zoning and the density and lots in the subdivision comply with the master plan land use designation. G. Utilities: Water and Sewer: Electricity: Telephone: School: Police: Fire Protection: City of Kalispell Flathead Electric Coop CenturyTel School District #5, Kalispell City of Kalispell City of Kalispell 'l-Ath 0"BlIabai 2$00RICRM63�aTTi3ia 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 the significantly impact the service provided by the district. A fire hydrant is located immediately to the north of this property at the intersection of Sunnyside Drive and Denver Avenue. Vegetation and topography: The property is relatively flat and has historically been used for grazing purposes. E. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped 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. Ashley Creek lies to the east of Denver Avenue but no significant impacts can be anticipated as a result of this subdivision. 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 lot in this subdivision once it is developed. One additional connection to the City system is anticipated. No 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 will be provided directly from Denver Avenue. A portion of Denver Avenue is privately owned and a portion of it is owned by the City but the entire roadway is maintained by the City since the City maintains the roads in Lone Pine View Estates to the south of this site. The roadway adjoining Lone Pine View Estates to the east is owned by the City of Kalispell and was dedicated with the planning of that subdivision. The area between Lone Pine View Estates and Sunnyside Drive is under private ownership including that portion of the road that fronts along this subdivision. That portion of the roadway owned by this property within the Denver Avenue roadway will be dedicated to the City of Kalispell with the filing of this plat. An agreement will be filed with the clerk and recorders office waiving protest to upgrading the roadway to City standards as provided for in the Kalispell Subdivision Regulations. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is anticipated to create potentially one additional school -age child for this 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 on the urban fringes of Kalispell and the area has been developed to the east to an urban density. The area to the west will be developed with an urban density subdivision. This property has been used for residential purposes in the past and is not large enough to be used for agricultural purpose. This subdivision will have not effect on agricultural activities in the Valley. G. 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 3 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. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. H. Compliance with the Kalispell Zoning Ordinance: This subdivision exceeds the minimum lot size and lot width requirements of the R-4 zoning district and the existing dwelling exceeds the setbacks requirements as well. The subdivision complies with the zoning for the property. Staff recommends that the Kalispell City Council adopt Staff Report KWP-03-1 as findings -of -fact for the proposed subdivision and approve the final plat. REPORTS \2003 \KALSPELL\KWP03-1 4 Planning Office Second17 St East, Suite 211 Kalispell,.'+ -Pho 1. ! 0+ Project Name;2 1-5 Contact Person: Name: :5o nd S -!5Uri/ew oar Address: 2- V 110 ae Ct ii 5 l�-17 q90 I Phone No.: " Date of Preliminary Plat Owner & Mailing Address: OWL CD�X boo pa.Irr t,- - )�ait �0 e,-j (1 " T 59901 z f1, zoo 2-, Type of Subdivision: Residential V Industrial Commercial PUD Other No. of Lots Proposed I Parkland (acres) Land in Project (ac.) Q • 7 O LP GC - Cash -in -Lieu $ Exempt FILLING FEE ATTACHED $ 15 00 -" Minor Subdivision with approved preliminary plat $300 + $25/lot Major Subdivision with approved preliminary plat $500 + $25/lot Subdivisions with Waiver of Preliminary Plat $450 + 25 t Subdivision Improvements Agreement _!� 50 Not Attached Applicable (MUST CHECK ONE) �! Health Department Certification (Original) �- Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid)1) y7— 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 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 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 mays prior to expiration date of the preliminary plat. When all application materials are submitted to the Tri-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. **NOTE: Please be advised that the County Clerk & Recorder accompanied copy. Owner(s) Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system As approved by the TCPB on 12/ 19/01 Effective 1 / 1 / 02 Pa Tri-City Planning Office 17 • • Street East -Suite 211 Kalispell,r° ••! i May 28, 2002 Erica Wirtala Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 Re: Waiver of Preliminary Plat Approval - Subdivision No. 215 Dear Erica: This letter is in response to your request on behalf of Owl Corporation for waiver of preliminary plat approval a one lot subdivision located on the south side of Sunnyside Drive and west of Ashley Creek of 0.543 acres. It is also noted that an additional 0.163 acres would be dedicated to the City of Kalispell as part of an existing road right-of-way for Denver Avenue. The property can be described as a portion of Assessors Tract 8, in Section 19, Township 28 North, Range 21 West, Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under 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: That the final plat is in substantial compliance with the preliminary plat that was waived. 2. That the driveway access be obtained from Denver Avenue rather than Sunnyside Drive and any needed improvements be made prior to final plat submittal. 3. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district to upgrade Denver Avenue. 4. That a certificate of subdivision approval be obtained from the Montana Department of Environmental Quality. Providing Community Planning Assistance To: ® City of Columbia Falls ® City of Kalispell ® City of Whitefish Waiver of Preliminary Plat Owl Corp. May 28, 2002 Page 2 S. This waiver of preliminary plat approval is valid for three years and shall expire on May 28, 2005. 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, Thomas R. Jentz Planning Director LETTERS \WAIVEPP\02 \SUB#215. DOC Montana Department of �NVM0 QUAUTY Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • Website: www.deq.state.mt.us May 13, 2002 Environmental Consulting Inc 2 Village Loop Kalispell MT 59901 Dear Ms Wirtala: RE: Subdivision #215 Municipal Facilities Exclusion EQ#02-2344 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}. Construction of water or sewer extensions prior to approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been given to the Water Protection Bureau for their review. Sincerely, Jok Janet Skaarland Compliance Specialist Subdivision Section Water Protection Bureau (406) 444-1801 —email jskaarland@state.mt.us cc: City Engineer, County Sanitarian file Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 1 Ems, i11 Di ( 11 DA 9 j PAD" 11DC �j 3 ` F- 11C ( 9AA �i TE 1 1 12 13 14 ��, 4 8TC/ �P r 9A Q �^ AMO 8T66 E S�� 7 11 j gTY j ;8TS -SUPMAO ✓ i s�,4 ; !%lYSl E op ,,, � , � _ �.;, J 0C 10D ;' `� �� i f T NNY' r 2 10 i Q, ", A Q � i :'1 i 3 ` /�' �_ R SUBS �F � I 7A6 14F 110A C . :, 46 �N/ !, �� c SANTE Ft S7 a �\ <� 2�7 f 26125124 23 \ y 5 ' CO), e 18 19120 21 22 % 7ABA I 17116 151 14113 SISMARK ST 14C 7 81910111f12 ( 1 4C \ �y. �" AA 1 iT 2 � � 6 4 �. 421 4414 47! i 144 4S 14211411 v401131 (114137 3g t W ; 14849'tsa lsr iS2i �� 34 JAP- elf 6 - ,:R33 laaa i' 198 1 670 IV, \\743� i 200% Gi t7utn`C17 17 ` 172 i w 197 p.195 1 . is 6L4�, 194 2W �2we -�� 8T \� 29R-1 / Y 209i 206 207 , 210 211, \ i 192'19119pbiBA-7tSE 187Ft8ff'1 i ` --- --94 73171i1 { ..i IFti 171611 - 12Bf� \� -_CL PLAT 'OO:. 800 S. MAIN RALISPELL, wr S990i 0., 0 TI►IS FORM IS FOR SUBDIVISIONS AND rOND0T1INIUI1ts ONLY HY FOR: O uJ t c0cpc)ra:( tx) Y1 DATE: / 111,5 /0 / PESr_p ; S cc 6cj (ul slo li /t�0 . oZ / � PURPOSE., ��e� l I YEARS ASSESSOR � 1992 T11RU 2 C/ 7 1199 ANn Tr) nA'rr, 2d= OQ7VI3q 0 q 7 / /US C T,� 78 b eSor e- 8 Cq ) a i T '�L;y cart:.L fy L:hal_ t:hure ara ncl r?tt1:;S-a Id L lti;j ton t71d prnr erty a--"-itjned the assessor nurnboe"� I.Intc'd above, for the year L!ldicated for each esse1ssur number. S L" I L J . AN 2 4 2003 1-1 I 1/ /' 20,,W PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208926- 1 1 3 5 REPLACES 7208926-1122 CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of Kal i Spel 1 in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duty authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 4th day of November , 2002 , at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Owl Corporation, A Montana Corporation subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $10 , 000 : 00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. CIIICAGO TITLE INSURANCE COMPANY Presklent ATTEST 1;�� A Ssaetary Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana Y4:hl91111" \ Page 2 Certificate No.: 7208926-1135 Replaces No. 7208926-1122 Our File No.: CG-33701 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: A Tract of land, situated, lying, and being in the Northeast Quarter of the Northwest Quarter (NE1/ %) of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana to a point on the Southerly R/W of Sunnyside Drive; thence along said Southerly R/W North 88011118/1 East, a distance of 339.14 feet to a point and the true point of beginning of the tract of land herein described; thence continuing North 88011118/1 East, a distance of 256.32 feet to a point on the Easterly R/W of Denver Avenue; thence along said Easterly R/W South 03035100/1 East, a distance of 118.43 feet to a point; thence leaving said R/W South 88011118/1 West, a distance of 263.40 feet to a point; thence North 00009120/1 West, a distance of 118.42 feet to the Point of Beginning. To Be Known as: SUBDIVISION NO. 215 Page 3 Certificate No.: 7208926-1135 Replaces No.: 7208926-1122 Our File No.: CG-33701 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes for the first half of the year 2002. 2. Property taxes for the second half of the year 2002. 3. Reservations in Patents or the acts authorizing the issuance thereof. 4. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other rights relating thereto, whether express or implied, recorded or unrecorded. 5. Notice of Water Right, recorded August 20, 1896 in Book 16, page 292, and conveyance of said water right, recorded December 6, 1913 under Recorder's Fee #4215, in Book 108, page 407, records of Flathead County, Montana. 6. Easement for pipe and pipe lines and pumping system, notice given in instrument recorded June 6, 1944 under Recorder's Fee #2210, in Book 242, page 234, records of Flathead County, Montana. 7. A 14 foot easement for all purposes, granted in instrument recorded November 1, 1950 under Recorder's Fee #5642, in Book 317, page 212, records of Flathead County, Montana. 8. Easement for gas pipe line and related purposes granted Montana Power Company, recorded February 2, 1966, under Recorder's Fee #813, in Book 477, page 455, records of Flathead County, Montana. 9. Easement for transmission line and related purposes granted Pacific Power & Light Company, a corporation, recorded November 18, 1970 under Recorder's Fee #8426, in Book 519, page 509, records of Flathead County, Montana. 10. A 14 foot for easement as shown on Certificate of Survey #7629. 11. A 60 foot private road and utility easement as shown on Certificate of Survey #7640, #12924, County Assessor's Map and the unrecorded plat of Subdivision No. 215. 12. A 60 foot private road and utility easement, reserved in instrument recorded July 9, 1984 as Document #8419112150, records of Flathead County, Montana. 13. Terms and provisions contained in Water Well Agreement and Grant of Interest in Water Well, recorded October 1, 1984 as Document #8427515350, records of Flathead County, Montana. 14. A 60 foot easement for ingress, egress and utility purposes, granted in instrument recorded October 1, 1984 as Document #8427515360, and granted in instrument recorded October 1, 1984 as Document #8427515370, records of Flathead County, Montana. 15. A 60 foot private road and utility easement, reserved in instrument recorded March 12, 1985 as Document #8507115220, records of Flathead County, Montana. 16. A 60 foot private road and utility easement as shown on Certificate of Survey #7640, abandoned by instruments recorded July 25, 1995 as Documents #9520612350, #9520612360, #9520612370 and #9520612380, all records of Flathead County, Montana. 17. A 60 foot private road and utility easement, granted in instruments recorded July 25, 1995 as Documents #9520612390, #9520612400, #9520612410, #9520612420 and #9520612430, all records of Flathead County, Montana. 18. Developer Extension Agreement, recorded June 5, 1996 as Document #9615711320, records of Flathead County, Montana. 19. Resolution, regarding the designation of a limited access highway, recorded November 14, 1997 as Document #199731810050, records of Flathead County, Montana. 20. Resolution No. 4679, regarding annexation, recorded February 12, 2002 as Document #200204316400, records of Flathead County, Montana. 21. Note regarding a 60 foot roadway known as Denver Avenue to be dedicated to the City of Kalispell as shown on the unrecorded plat of Subdivision No. 215. 22. The requirement that the company be furnished an original or certified copy of the resolution of The Board of Directors, or Stockholders if required, of Owl Corporation, authorizing proposed transaction and directing the execution of the proper instruments. 23. No search has been made for water rights and unpatented mining claims and liability thereon is excluded from coverage of this Certificate. tEv� rc 2DA ,oA yin 2JH ? Cv1 ate. ZA HAF 2F:At: i. BE,BF• &6.8H, G7,i;Kr iris( Wy ;M NEAVA'S, SEC SURD N2 0.� OR, 12, 4BE, SM SUB S2 i)A PARK 1 N MY, 11, iGA E4Fi��, 2F7 2F, MW AW, iAH rPAU OM AN :DY ADJ 45E 6DY &IJ /AW MY AW 5F: 4 tG i, 4Cr POk f., S MEADOWS 6LA aDY AW ,;J 1' .Aw 1M, 10M G'YION LINE m, 111F. 11 1 • LOT � } 6-THIS SKETCH IS FUR" HED FOR , INFORMATION PURPO ONLY TO AS�IST IN REFERENCE TO STREETS AND OTHER Pk' RCELS. NO i REPRESENTATION IS iJM''0S TO ACCURACY AND STERLING TITLE SER , - NO LIABILITY FOR ANY LOS .7 C0 RI BY �G REASON OF RELI�',NCE THEREJ• i 12A `t { i 1 i \ i MAA i <r D4c211Ef 19j20 21 221!� 4 pt 1 117 16-11_ t 81S ARK '=T _ 6L. + 12 81-3 611% / A13A 21 12BA September 30, 2002 To whom it may concern: I, Mark Owens, as a representative of OWL Corporation, owner and developer of Subdivision 215, do hereby waive my rights to protest a RSID for future improvements to Denver Avenue. I understand that this is a Condition of Subdivision Approval required to file the Final Plat of the aforementioned subdivision. Sincerely, Mark Owens STATE OF MONTANA SS COUNTY OF FLATHEAD ) On this 30 day of _ _, 2002, before me a Notary Public for the State of Montana, personally appeared and known to me to be the person(s) are subscribed to the foregoing instrument and acknowledged to me that they executed the same. Notary Public for the State of Montana Residing at (7� My commission expires 2,Z1 %o