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Staff Report/Final PlatREPORT TO: FROM: SUBJECT City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Final Plat for Village Heights Subdivision MEETING DATE: November 20, 2006 BACKGROUND: This is a request for final plat approval of Village Heights Subdivision, an 8 unit townhouse subdivision on approximately 2.4 acres. The property is located on the east side of Village Loop just north of the intersection of Village Loop and West Evergreen Drive. The property proposed for development can be described as a portion of Assessor's Tract 5 in the southwest quarter of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The Village Heights Subdivision was given preliminary plat approval by the Kalispell City Council on June 17, 2002, subject to 14 conditions. The Council granted a one year extension of the preliminary plat on November 9, 2005 providing a final expiration date of November 9, 2006 for the preliminary plat. Although the Council will not take action on the final plat until after November 9th, the final plat application was received on August 22nd. Staff would recommend the City Council consider taking action on the final plat even thought the expiration date for the final plat has been exceeded. The developer has made a good faith effort to bring the final plat application in prior to the expiration date however the final plat was not taken before the Council earlier due to the completion of infrastructure improvements. RECOMMENDATION: A motion to approve the final plat for Village Heights would be in order. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully sub Sean Conrad Senior Planner Report compiled: November 13, 2006 Attachments: Letter of transmittal \7� ames H. Patrick City Manager Final plat application and supporting documents City of Kalispell Planning Department 17 - 2°a Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com November 13, 2006 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Village Heights Subdivision Dear Jim: This is a request for final plat approval of Village Heights Subdivision, an 8 unit townhouse subdivision on approximately 2.4 acres. The property is located on the east side of Village Loop just north of the intersection of Village Loop and West Evergreen Drive. The property proposed for development can be described as a portion of Assessor's Tract 5 in the southwest quarter of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The Village Heights Subdivision was given preliminary plat approval by the Kalispell City Council on June 17, 2002, subject to 14 conditions. The Council granted a one year extension of the preliminary plat on November 9, 2005 providing a final expiration date of November 9, 2006 for the preliminary plat. Although the Council will not take action on the final plat until after November 9+h, the final plat application was received on August 22nd. Staff would recommend the City Council consider taking action on the final plat even thought the expiration date for the final plat has been exceeded. The developer has made a good faith effort to bring the final plat application in prior to the expiration date however the final plat was not taken before the Council earlier due to the completion of infrastructure improvements. The preliminary plat was approved with conditions as outlined below. The following is a discussion of compliance with each of these conditions as well as findings of compliance with the city subdivision regulations and zoning ordinance. Final Plat for Village Heights Subdivision November 13, 2006 Page 2 Condition No. 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the number and location of lots within the subdivision. ® This condition has been met. The subdivision has been platted in compliance with the approved preliminary plat. Condition No. 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. ® This condition has been met. Attached is a letter from Tom Cowan of Carver Engineering dated July 19, 2006 stating that the infrastructure improvements have been installed in accordance with the approved plans. The Kalispell Public Works Department has approved the completed improvements within the subdivision in a letter dated November 2, 2006. Condition No. 3. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality and written approval by the Kalispell Public Works Department approving the water and sewage facilities for the subdivision. ® This condition is met. The Department of Environmental Quality has approved the water and sewage facilities in a letter from Walter Lauder, Environmental Engineer Specialist, dated December 6, 2004. A letter from the Kalispell Public Works Department dated October 18, 2005 states that the construction plans have been approved for the project. This would include water and sewer facilities to serve the subdivision. Condition No. 4. A storm water management plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. ® A letter from the Kalispell Public Works Department dated October 18, 2005 states that the construction plans have been approved for the project. This would include the storm water management plan to serve the subdivision. Final Plat for Village Heights Subdivision November 13, 2006 Page 3 Condition No. 5. That the developer shall obtain written approval for the increased impacts to the existing approaches onto Whitefish Stage Road and West Evergreen Drive from the Montana Department of Transportation, Flathead County Road Department and Kalispell Public Works Department and any conditions or improvements associated with the approvals be completed prior to final plat submittal. ® This condition is met. Both the Kalispell Public Works Department and Montana Department of Transportation have stated that Whitefish Stage Road and West Evergreen Drive, at the location of this subdivision, are out of their jurisdiction. The existing approaches are within the jurisdiction of the Flathead County Road and Bridge Department which issued a letter on June 22, 2006 stating that the increase in traffic due to the subdivision was acceptable and no improvements are necessary. Condition No. 6. That Village Loop shall be upgraded to City standards in accordance with the City of Kalispell's Design and Construction Standards for urban streets. ® This condition is met. Village Loop has been upgraded with sidewalks and a boulevard as the roadway fronts the Village Heights Subdivision. The Public Works Department has determined that Village Loop has met the City of Kalispell's Design and Construction Standards for urban streets in a letter dated November 2, 2006. Condition No. 7. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and approved by the Kalispell Fire Department prior to final plat submittal. ® This condition is met. The roadways have been signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual. Condition No. S. The developer shall provide a plan for mail service approved by the U.S. Postal Service. ® This condition is met. The USPS has approved of a mail delivery plan for the subdivision in a letter to the consultant dated August 17, 2006. Final Plat for Village Heights Subdivision November 13, 2006 Page 4 Condition No. 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. ® This condition is met. Street lighting is located within the subdivision and is shielded. Condition No. 10. The parkland dedication requirements shall be met with cash in lieu of parkland equal to 11 percent of the 1.83 acres in lots or 0.20 acres based on a valuation of $10,000 per acre. The total value of the land, improvements and cash in lieu of parkland dedication should equal $2,000. ® This condition has been met. A check in the amount of $2,000 was submitted along with the final plat application for the cash -in -lieu -of parkland. Condition No. 11. All utilities shall be installed underground. ® This condition is met. All utilities have been installed underground per the approved construction plans. A subsequent site inspection noted all utilities underground. Condition No. 12. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. ® This condition is met pursuant to a letter from the Assistant Fire Chief dated August 29, 2006. Condition No. 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. ® This condition has been met. Condition No. 14. That preliminary approval shall be valid for a period of three years from the date of approval. ® This condition is met. The developer received a one-year extension on the preliminary plat. The final plat has been received prior to the expiration date of November 9, 2006. Final Plat for Village Heights Subdivision November 13, 2006 Page 5 • I U 4 FA aQ DWA•3 VA TZ-1 CON OR• This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. The Subdivision Improvements Agreement expires on This subdivision complies with the Kalispell Zoning Ordinance and the RA-3 (Residential Apartment/Office) zoning for the property. All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Please note that the Subdivision Improvements Agreement should be accepted along with the final plat approval. Please schedule this matter for the November 20, 2006 regular city council meeting if possible. You may call me at 751- 1852 if I can be of assistance to you regarding this matter. Sincerely, 7fE�� Sean Conrad Senior Planner Attachments: Vicinity map & 11 x 17 plat 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Final plat application dated 8/7/06 Letter from Sands Surveying dated 8 / 22 / 06 Engineer's certification from Carver Engineering, Inc. dated 7/19/06 Letters Kalispell Public Works dated 10 / 18 / 05 and 11 / 2 / 06 Letter from MDEQ dated 12 / 6 / 04 Letter from MDEQ dated 11 / 22 / 04 Letter from Flathead County Road and Bridge Department dated 6/22/06 Letter from Montana Department of Transportation dated 4/5/06 Letter from Fire Dept dated 8 / 29 / 06 Letter from USPS dated 8 / 17 / 06 Title report # 175451-CT dated 8/7/06 Treasurer's certification dated 8/9/06 Cash In Lieu of Parks Check in the amount of $2,000 Final Plat for Village Heights Subdivision November 13, 2006 Page 6 c w/ attachments: Theresa White, Kalispell City Clerk c w/o attachments: Sands Surveying, Inc., 2 Village Loop, Kalispell, MT 59901 Kal-Mont Dairy Farm, c/o George Schulz, 1377 Whitefish Stage Road, Kalispell, MT 59901 City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: VILLAGE HEIGHTS Contact Person: Owner & Mailing Address: Name: Erica Wirtala, Sands Surveying Hal -Mont Dairy Farm Address: 2 Village Loop -C/o George Schulze Kalispell, MT 59901 1377 Whitefish Stage Road Phone No.: 755-6481 Kalispell, MT 59901 Date of Preliminary Plat Approval: June 17, 2002, with a one -pear extension granted from November 9, 2005. Type of Subdivision: Residential XX Industrial Commercial PUD Other Total Number of Lots in Subdivision 4 Land in Project (acres) 2.433 Parkland (acres) Cash -in -Lieu $ 2000.00 Exempt No. of Lots by Type: Single Family Townhouse 8 Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property Tract 5 of Section 32, Township 29 North, Rage 21 West FILING FEE ATTACHED $10 � l y 9 O • DU Minor Subdivision with approved preliminary plat $400 + $100/lot Major Subdivision with approved preliminary plat $650 + $.1-88/lot 10S Subdivisions with Waiver of Preliminary Plat $600 + $100/lot Subdivision Improvements Agreement $ 50 XX Health Department Certification (original) XX — Title Report (Original, not more than 90 days old) XX — Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) XX Subdivision Improvements Agreement (Attach collateral) —XX Parkland Cash -in -Lieu (Check attached) XX Maintenance Agreement XX Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 1 1X17 Copy 1 1X17 Copy Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff firids the application is complete, the staff will submit a report to the goverriing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. 2 bwr!fr(s) Sijinature Date August 22, 2006 Mr. Sean Conrad, Planner Kalispell Planning Department 17 Second Avenue East Kalispell, MT 59901 RE: Final Plat Application Village Heights Dear Sean: Attached please find the necessary documentation and certification for the final plat of Village Heights. The subdivision was granted preliminary plat approval on June 17, 2002, and a one-year extension to that was granted as of November 9, 2005. This subdivision will expire on November 9, 2006. The Conditions of Approval are stated below and I have noted how each Condition was addressed. 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the number and location of lots within the subdivision. The final plat submitted is in substantial compliance with the preliminary plat and plans approved. 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. See attached documentation from Carver Engineering and Kalispell Public Works. 3. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality and written approval by the Kalispell Public Works Department approving the water and sewage facilities for the subdivision. See attached documentation from Montana Department of Environmental Quality. 4. A storm water management plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. 5. That the developer shall obtain written approval for the increased impacts to the existing approaches onto Whitefish Stage Road and West Evergreen Drive from the Montana Department of Transportation, Flathead County Road Department and Kalispell Public Works Department and any conditions or improvements associated with the approvals be completed prior to final plat submittal. Attached are lettersftom all three departments regarding this issue. Iherewereno identified mitigation measures. 6. That Village Loop shall be upgraded to City standards in accordance with the City of Kalispell's Design and Construction Standards for urban streets. This is part of the Carver certification letter. 7. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and approved by the Kalispell Fire Department prior to final plat submittal. 111111 111111� ;11111p�;�11 , � w- -IREff, =94WIRMI—M 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. This is installed. 10. The parkland dedication requirements shall be met with cash in lieu of parkland equal to 11 percent of the 1.83 acres in lots or 0.20 acres based on a valuation of $10,000 per acre. The total value of the land, improvements and cash in lieu of parkland dedication should equal $2,000. Attached is a check in the amount of $2, 000. 11. All utilities shall be installed underground. All utilities have been installed underground See Carver's letterfor this certification. 12. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. We have contacted the Kalispell Fire Department several times, but have not had a response as ofyet. However, they have reviewed thefire hydrants locations, flows and wecess as part of the approval of the Village Plaza. with a weed -free mix immediately after development. MMUME330=0 14. That the preliminary approval shall be valid for a period of three years from t date of approval. th An extension letter was granted as of November 9 , 2005, for one year. Ihis is submitted before the deadline expires. (See attached). Thank you for your kind consideration of this final plat application. Please feel free ti; call should you have any further questions or concerns. Sincerely, Erica Wirtala, Planner O ON C Carver Engineering, Inc.. Consulting Engineers Civil Structural Environmental July 19, 2006 Frank Castles, P.E. City of Kalispell PWD PO Box 1997 Kalispell, MT 59903-1997 Re: Village Heights Dear Frank: Construction of the infrastructure improvements for Village Heights has now been completed. Based on our observations of construction and testing, it is our opinion that the work was done in general compliance with approved plans and specifications. The work included a sewer main extension, installation of water services off an existing water main, stormwater drainage improvements (infiltration trenches & grading), construction of sidewalks, and installation of "dry" utilities. Please feel free to call our office if you have any questions concerning the construction of infrastructure improvements for Village Heights. Sincerely, CARVER ENGINEERING, INC. Tom Cowan, P.E. �O NT N C THOMAS M. ? -+ COWAN 0 10% 3 P.E. Z �p v P AAOFESS�O� 406 758 7831 city of kalispell public w 10:51 :35 a.m. 10-18-2005 1 /2 City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 October 18, 2005 Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Montana 59901 Via fax: 756-1093 Attention: Tom Cowan, P.E. RE: Your Letter Dated October 12, 2005 Village Heights Kalispell, Montana Dear Tom: Resolution No. 4712 was approved on June 17, 2002. Our review of the project indicate the following: 1. You certified on October 31, 2000, that the street and sewer improvements had been completed in accordance with the approved plans and specifications. These plans and specifications were approved by this office on September 16, 1999. Pertaining to Item 2 and 6 of the conditions of approval, it would seem that our office would need a letter from you stating that the sidewalks, sanitary sewer, and storm water improvements have been completed in accordance with the approved plans and specifications. Upon receipt of that letter, we would video the sanitary sewer and would write a letter of approval upon the sanitary sewer meeting the required specifications. 2. Pertaining to Item 3 of the conditions of approval, we have this date submitted the letters of approval to DEQ and Flathead County Health Department (your copies are in the mail). 3. Pertaining to Item 4 of the conditions of approval, the approval letter for the referenced project is in the mail. 4. Pertaining to Item 5 of the conditions of approval of mitigation of traffic impacts, this office is unsure if it can issue a letter of approval upon a public way not under our jurisdiction. S. Pertaining to Item 7 and 9 of the conditions of approval, it would seem that these were preexisting and approved under the project titled Village Plaza. 6. The access easement to the manholes shall be an all weather surface not less than twelve feet wide. If you have any questions, please do not hesitate to contact this office. A copy of this letter is being sent to the Kalispell Planning Office for their input. Sin er ly, Frank Castles, P.E. Assistant City Engineer Cc: Narda Wilson, Senior Planner Kalispell Planning Office `£ s. City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 October 18, 2005 Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Montana 59901 Attention: Tom Cowan, P.E. RE: Village Heights Kalispell, Montana Dear Tom: I am not sure how this project fell through the cracks. The construction plans and supporting documents for the referenced project are hereby approved. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department and to the Montana Department of Environmental Quality We look forward to working with you on this project. Sinc Frank Castles P.E. Assistant City Engineer Attachments: As Stated City of Kalispell Public Works Department Post ice Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 October 18, 2005 Department of Environmental Quality Permitting and Compliance Division PWS/CSB 109 Cooperative Way, Suite 105 Kalispell, Montana 59901 Attention: Walter M. Lauder, P.E. Environmental Engineer Specialist RE: Village Heights Kalispell, Montana Dear Max, This letter is to confirm that the City of Kalispell has reviewed and approved the plans and specifications prepared by Carver Engineering, Inc., for the referenced project. The Kalispell sanitary sewer system has adequate capacity to serve the project. Please feel free to call if you have any questions. Sincerely, A L— —�'— Frank Castles, P.E. Assistant City Engineer cc: Tom Cowan, P.E. Carver Engineering, Inc. City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 November 2, 2006 Sean Conrad, Senior Planner Kalispell Planning Office Re: Village Heights Subdivision Dear Sean: hE !;; EIVED o? 2006 KALISPELL PLANNING DEPARTMENT The City of Kalispell Public Works Department hereby approves the existing, completed improvements for the referenced subdivision. All City owned and maintained improvements have been installed in accordance with the approved plans and specifications. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: 1. Carver Engineering letter dated July 19, 2006, certifying that the improvements within the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the approved plans and specifications. 2. Our video records of the sanitary sewer system. The one year warranty period for the City owned completed improvements commenced on July 19, 2006. If you have any questions, please do not hesitate to contact this office. Sincere) , rank Castles, P.E. Deputy Public Works Director/Assistant City Engineer Cc: Tom Cowan, P.E. Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Montana 59901 June 22, 2006 Carver Engineering, Inc. ATTN: Kevin 1995 Third Ave East Kalispell, MT 59901 RE: Village Heights Subdivision Dear Kevin: The Flathead County Road Department has reviewed the increased impacts to the existing approaches onto Whitefish Stage Road and West Evergreen Drive for the Village Heights Subdivision and we find these to be acceptable. If you have any other questions, please feel free to contact us. Sincerely, Charles E. Johnson Superintendent Montana Deportment of Transportation �=m noo h PIM Aw WO EM NCO", T, ` - 503- AV X175100-4336 Aphl 5. 2006 Carver Agineerhig, Ann: Kevin Malloy 1995 3 A Ave East Kalispell. MT 59901 Subject: Api:wych Permit — Whitefish Stag)e/Village Heights ' I Kevin. Ile Adomana Depwiment of Pansponadon does not have iiiiiiiteiiiiiccjtirisdictitilI on Ohs section of Whitefish Stage. NADT starts at Reserve Drive and goes nortli to MIT 40, Maintenance SLIpel-ViS01- 751-2014 copies: Area File Saphni L fluzog loom �m 754W* KALISPELL FIRE DEPARTMENT Randy Brodehl - Fire Chief Brent L. Christopherson - Assistant Chief/Prevention Dan Diehl — Assistant Chief/Operations Carver Engineering, Inc. Attention: Mr. Tom Cowan 1995 Third Avenue East Kalispell, MT 59901 312 First Avenue East Kalispell, Montana 59901 (406)758-7760 FAX: (406) 758-7952 D IE p .V E A1I6 e q Zd MUSPEU PLANNING 0EPARTMMT SUBJECT: VILLAGE HEIGHTS SUBDIVISION — PRELIMINARY PLAT APPROVAL Tom: We have the following comments on the above project: 1. Fire hydrant locations and fire flows are approved by this department. 2. Provide all-weather driving surfaces and street signs prior to issuance of permits for combustible construction. The all-weather driving surface requirement also includes the private or access roads. 3. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. In other words, make sure that the single family dwellings and duplex townhouses are positioned on the lots so that they meet the above requirement. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, except for approved security gates, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Fire apparatus access roads 20 to 26 feet wide shall be posted on both sides as a fire lane. Fire apparatus access roads more that 26 feet wide to 32 feet wide shall be posted on one side of the road as a fire lane. 4. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. Please coordinate the address and number assignment with Fred Zavodny in the City of Kalispell's Public Works Department at 758-7725. "Assisting our community in reducing, preventing, and mitigating emergencies. " Page 2 Please contact me if you have any questions. I can be reached at 758-7763. Brent L. Christotevention n Assistant Chiefl c.c. Sean Conrad, Senior Planner, Kalispell Planning Office "Assisting our community in reducing, preventing, and mitigating emergencies. " 1995 Third Avenue East Kalispell, MT 59901 1, I A IT, M ' A.10 ilk 111,111 IT, DATE: August 5, 2006 TO: City of Kalispell - Fire Department FROM: Tom Cowan SUBJECT: Village Heights Phone (406) 257-6202 Fax (406) 756-1093 In accordance with the conditions of preliminary plat approval the number and location of fire hydrants serving the proposed Village Heights subdivision is to be approved by the City of Kalispell Fire Department. We are submitting a General Layout sheet that shows the proposed lots in Village Heights and the locations of existing fire hydrants. These hydrants were installed as a part of improvements for Village Plaza, but they will also serve Village Heights. There will be a total of four (4) duplex townhouses (eight (8) single-family dwelling units) in Village Heights. Water is supplied by the Evergreen Water & Sewer District. The existing water supply system has sufficient capacity to provide fire flows of at least 1,500 gpm. The "Bluff Area" portion of the Evergreen water system is modeled on WaterCad and two (2) runs were made to determine system hydraulics under normal domestic and fire flow conditions. Run #1 - To represent summer -time domestic demands, a total demand of 760 gpm was used with flows of 20 to 60 gpm taken at various locations throughout the District's "Bluff Area" water system. Under these conditions, residual pressures at Village Heights were about 65 psi. Run #2 - With a demand of 740 gpm spread throughout the system and a flow of 1,500 gpm taken at J-140, which represents an existing fire hydrant near Lot 3A, the residual pressure at this hydrant location was just over 40 psi. Residual pressures at all other locations on the District's "Bluff Area" system were greater than 40 psi. A schematic of this portion of the District's "Bluff Area" water system is included with this submittal, as are copies of the WaterCad runs described above. Please feel free to call if you have any questions of if additional information is needed. 12. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 14. That preliminary approval shall be valid for a period of three years from the date of approval. SECTION Ill. 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, THIS 17TH DAY OF JUNE, 2002. AA14, Randy, e yoro orih Council Chairman ATTEST: Theresa White City Clerk PL TA O AREA: 2.453 AC. sin (Accra) 0.2229 0.1a 0.220 0.225 0.223 0.23:0.14 0.228 1.430 0.923 AC. 2.453 AC. VIL L A GE HEIGH TS A S7As16IVISM M/ TW SW//4s*v4 SEc, 4 T.2gk ROW., P. Mf,X FLAWFAD COGWTY, AfaVUM SCALE r . w a 2r w pry �.3 PHpS61 A l 4A �3 %14"ar _ as '-� IPA 1 ram 2A` \ moo A A is *.9407 W 32 ��- .aOM vrruw�- swarur 6 5 I fir. .w AW"?W-W d-017ti!' L.tA4V' (NOT A PART) .- 4a4r ` TaMr* tl MdRM fl!!0' 11/Y To~ tl M01101 WES 9' EVERGREEN DRIVE rca XMW cowry Baia L--i CURVE TANJ ao. DMTA 9AD14 1 29:11:19: 10.01 2 Go 44 3910.01 Montana Department of ENVIRONMENTAL QUALITY Judy Martz, Governor 109 Cooperative Way • Suite 105 • Kalispell, MT 59901-2389 • (406) 755-8985 • FAX (406) 755-8977 Thomas M. Cowan, P.E. Carver Engineering, Inc. 1995 Third Ave East Kalispell, MT 59901 RE: Village Heights Sanitary Sewer Extension, EQ#05-1850 Dear Mr. Cowan: December 6, 2004 Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure. The plans and specifications are hereby approved with the condition as listed below. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. Approval is based on plans and specifications received November 29, 2004 under the seal of: Thomas M. Cowan, P.E.# 10323 P.E.. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of "as -built" record drawings signed by the project engineer. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project may need a storm water general permit. Please contact the Water Protection Bureau at 406-444-3080 for more information. Sincerely, al er au ;nviro mental Engineer Specialist Public Water Supply Section Public Water Supply and Subdivisions Bureau cc: City of Kalispell, Department of Public Works Flathead County W&S District -Evergreen Flathead County Sanitarian File Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division Montana Department of ENVIRONMENTAL QUALITY Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us November 22, 2004 Carver Engineering Inc Tom Cowan PE 1995 Third Ave East Kalispell MT 59901 Dear Mr Cowan: RE: Village Heights Municipal Facilities Exclusion EQ#05-1850 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. Under 76-4-125(2)(d) MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA). Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Public Water Supply Section, Kalispell Office for their review. Sincerely, inet Skaarland Compliance Technician 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 UNITED ST/1TES POSTAL SERVICE 350 N MERIDIAN RD August 17, 2006 Sands Surveying, Inc. 2 Village Loop Rd Kalispell, MT 59901 RE: Final Plat Approval To Whom It May Concern: Delivery for Village Heights subdivision has been approved for Cluster Box Unit (CBU) delivery. The developer will provide one 8-unit CBU and a 4 x 4-foot cement pad on Village Loop. Please see attached map for approved location. Purchase of CBU's will be arranged one month prior to the first occupancy and arrangements made for delivery to the Main Post Office on Meridian Rd. The Post Office will install and then be responsible for the lock changes and maintenance of the equipment. Upon approval of the final plat through Kalispell Planning, a copy (no larger than 11X17) showing addresses, will be provided to the Post Office. Please sign and date the enclosed Mode of Delivery Fact Sheet/Site Plan Agreement and include this with the copy of the final plat you provide to the Post Office. If you have any questions regarding this matter, you may contact me at 755-6450. Sincerely, 60't-'t- (�� Susii Carter Growth Management IN Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) i58-5510 This Form is for Subdivisions & Condominiums Only V'4 DESCP: 0 .► a 1/ 4 4 9, DATE 6P171P V PURPOSE I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. ------------------------ Deputy Treasurer (seal) Subdivision Guarantee Guarantee No.: 175451-CT L _q- Citizen Title and Escrow Company 704 South Main/P. O. Box 1310, Kal spe/% MT 59901 Title Officer Ted Gigrich Phone.- (406)752-5388 FAX.- (406)752-9617 Form No. 1282 (Rev 12/15/95) Subdivision Guarantee Guarantee No.: 175451-CT Form 1349 CLTA Guarantee Face Page (Revised 12/15/95) t A I K k First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Citizen's Title and Escrow Company AUTHORIZED SIGNATORY Subdivision Guarantee Guarantee No.: 175451-CT Order No.: 175451-CT Guarantee No.: 175451-CT Fee: $100.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Village Plaza Incorporated FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: COMMENCING AT THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, WHICH IS A FOUND BRASS CAP; THENCE ALONG THE NORTH BOUNDARY OF SAID SECTION 5, S89057'38"E 618.20 FEET TO A FOUND IRON PIN ON THE EASTERLY R/W OF A 60 FOOT CITY ROAD KNOWN AS VILLAGE LOOP; THENCE ALONG THE EASTERLY R/W OF SAID ROAD N00006'50"W 222.78 FEET TO A FOUND IRON PIN AND P.C. OF A 180.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 09022'13"; THENCE ALONG AN ARC LENGTH OF 29.44 FEET TO A SET IRON PIN AND THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: THENCE CONTINUING NORTHWESTERLY ALONG SAID R/W AND ALONG SAID CURVE (RADIAL BERING S80030'57"W) THROUGH A CENTRAL ANGLE OF 35030'57" AN ARC LENGTH OF 111.58 FEET TO A FOUND IRON PIN; THENCE N45000'00"W 241.23 FEET TO A FOUND IRON PIN AND THE P.C. OF A 180.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 33011'05"; THENCE ALONG AN ARC LENGTH OF 104.25 FEET TO A SET IRON PIN; THENCE LEAVING SAID R/W N15000'00"E 129.75 FEET TO A SET IRON PIN; THENCE S75025'30"E 190.39 FEET TO A SET IRON PIN; THENCE N83034'45"E 77.30 FEET TO A SET IRON PIN; THENCE S06025'15"E 62.88 FEET TO A FOUND IRON PIN; THENCE S4500957"E 217.97 FEET TO A FOUND IRON PIN; THENCE S30001'04"E 161.05 FEET TO A FOUND IRON PIN; THENCE N89057'38"W 109.98 FEET TO A SET IRON PIN; THENCE S0000223"W 47.71 FEET TO A SET IRON PIN; THENCE N89057'38"W 115.56 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS: VILLAGE HEIGHTS (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Subdivision Guarantee Guarantee No.: 175451-CT Village Plaza Incorporated (B) Parties holding liens or encumbrances on the title to said lands are: 2006 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2005 $1823.68 paid $1823.66 paid 75-0428760 Note: In addition, we have found the following Personal Property Taxes: General and special county taxes for the year 2006: First Installment : $135.94 paid Second Installment : $135.93 paid Assessor No.: 75-T232595 (C) Easements, claims of easements and restriction agreements of record are: Any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. 3. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 4. The effect of agreement for water system between Julius Bruyer, George W. Hyde and Walter L. McPheeters and James W. McPheeters, recorded July 14, 1906, in Book 54, Page 635, records of Flathead County, Montana. Said agreement was modified by document recorded March 6, 1915, in Book 112, Page 332, as Doc. No. 697, records of Flathead County, Montana. 5. Easement for electric transmission and distribution line ... granted to Pacific Power & Light recorded May 23, 1973 in Book 554, Page 91, as Doc. No. 5368, records of Flathead County, Montana. 6. Easement for electric transmission and distribution line ... ingress and egress... granted to Pacific Power & Light recorded December 2, 1985 as Doc. No. 85-336-14170, records of Flathead County, Montana. 7. Certificate of Inclusion into the Flathead County Water District #1 - Evergreen, recorded March 26, 1986, as Doc. No. 86-085-13410, records of Flathead County, Montana. 8. Easement for storm sewer construction purposes granted to Kalispell School District No. 5, recorded February 1, 1993 as Doc. No. 93-032-11220, records of Flathead County, Montana. Subdivision Guarantee Guarantee No.: 175451-CT 9. Easement for electric underground distribution line granted to Pacificorp, a corporation, dba Pacific Power & Light Company, recorded November 18, 1998, as Doc. No. 1998-322-09040, records of Flathead County, Montana. 10. Terms and Conditions of Water Well Easement and Agreement recorded September 9, 2005 as Doc. No. 2005-252-13220, records of Flathead County, Montana. 11. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the pending plat of said subdivision, 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). Date of Guarantee: August 07, 2006 at 7:30 A.M. CITIZENS,TITLE & ESCROW COMPANY BY: STATE OF MONTANA ) ss. COUNTY OF FLATHEAD ) This instrument was acknowledged before ine, on day of e'_ by JA k)/,i, Ole as Assistant Secretary of Citizens Title & Escrow Company. KIRliatur GiNGER A. hA0F'U*,ELL 2V, Subdivision Guarantee Guarantee No.: 175451-CT SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and Improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses Incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) Subdivision Guarantee Guarantee No.: 175451-CT 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company Is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. S. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 1 First American Way, Santa Ana, CA. 92707. Form No.1282 (Rev.12/15/95) Subdivision Guarantee Guarantee No.: 175451-CT Citizen's Title and Escrow Company 704 South Main/P.O. Box 1310, Kalispell, MT 59901 Phone(406)752-5388 - Fax(406)752-9617 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved tr• aaew tewr�rsu4 z vatwet lQOP 699p PAA Haig 7t7-i�N .Aa9 Po2 273W DW& AM sae SEao,ae satt.zr MM AM 4 2004 N LlOEIBI'D ® tecaav tarns YA9 xarea XAll rwym or rsra r ter trtr xew krnY sump R �nrs� tam.FA .mtets TOTAL AREA: 2.453 AC. dAY Ra fmtul it 9.xx9 a s.aas sa o.ax, u o.aas A ]]t a v.a9 u o.xw dt o.ut ]at rla, trAu 9.ea] m. a.eea ac. 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