Staff Report/Westview Business Center #2 Final PlatRIEPORT TO:
FROM:
SUBJECT:
MEETING DATE:
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
Nicole C. Johnson, Planner II
James H. Patrick, City Manager
Final Plat for Westview Business Center No. 2
August 6, 2007
BACKGROUND: This is a request from Thomas, Dean &. Hoskins, Inc. on behalf of
Andrew Matulionus, for final plat approval of Westview Business Center No. 2. The applicant
has requested to create three lots from two existing lots that were part of the original 5-lot
commercial subdivision. The property is located on the east side of North Meridian Road
approximately a quarter of a mile north of Three Mile Drive. The property is zoned B-2,
General Business, and contains approximately 1.895 acres.
The Kalispell City Council approved the preliminary plat of Westview Business Center No. 2 in
September of 2006 subject to nine conditions. A Subdivision Improvement Agreement (SIA) in
the amount of $5,262.50 is part of the submittal. The SIA includes commitments to complete
street base modifications, grading and paving, storm sewer and drainage facilities installation,
landscaping and other erosion control improvements by September 30, 2007. All of the
conditions have been met or otherwise adequately addressed.
RECOMMENDATION: A motion to accept the Subdivision Improvement Agreement and a
motion to approve the final plat for Westview Business Center No. 2 would be in order.
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully submitted,
Nicole C. Johns&�
Planner 11
Minor positive impacts once developed.
As suggested by the city council.
Report compiled: July 27, 2007
ames . Patrick
City Manager
Attachments: Letter of transmittal
Final plat application and supporting documents
City of Kalispell
Planning Department
17 - 2d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
July 24, 2007
James H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Final Plat for Westview Business Center No. 2
Dear Jim:
Our office received an application from Thomas, Dean & Hoskins, Inc. on behalf of
Andrew Matuhonus, for final plat approval of Westview Business Center No. 2. The
applicant has requested to create three lots from two existing lots that were part of the
original 5-lot commercial subdivision. The property is located on the east side of
North Meridian Road approximately a quarter of a mile north of Three Mile Drive. The
property is zoned B-2, General Business, and contains approximately 1.895 acres.
The Kalispell City Council approved the preliminary plat of Westview Business Center
No. 2 in September of 2006 subject to nine conditions. The Kalispell City Council
approved the preliminary plat of Westview Business Center No. 2 in September of
2006 subject to nine conditions. A Subdivision Improvement Agreement (SIA) in the
amount of $5,262.50 is part of the submittal. The SIA includes commitments to
complete street base modifications, grading and paving, storm sewer and drainage
facilities installation, landscaping and other erosion control improvements by
September 30, 2007. All of the conditions have been met or otherwise adequately
addressed.
The following is a list of the conditions of preliminary plat approval for this subdivision
and a discussion of how they have been met or otherwise addressed.
COMPLL4RCE WITH CONDMONS OF APPROVAL
Condition No. 1. That the final plat for the subdivision shall be in substantial
compliance with the approved preliminary plat. (Kalispell Subdivision regulations,
Appendix C - Final Plat)
This condition has been met. The final plat substantially complies with the
preliminary plat approved by Kalispell City Council on September 5, 2006.
Changes were made to reflect approved adjustments to stormwater easements
along lot 1 (Public Works Department August 31, 2005). In addition, the
stormwater detention pond planned and shown within Lot 2A will be
abandoned as it does not serve a purpose.
Condition No. 2. The following requirements shall be met per the Kalispell Fire
Department and a letter be obtained from the department stating that the following
requirements have been met (Kalispell Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in
accordance with International Fire Code (2003 edition).
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International
Fire Code (2003 edition).
This condition has been met. A letter from the Kalispell Fire Department dated
2/5/07 approved the fire hydrant locations, fire flow and fire department access
for the subdivision.
Condition No. 3. The developer shall submit to the Kalispell Public Works
Department an engineered drainage plan that meets the requirements of the current
City standards for design and construction. Prior to final plat, a certification shall be
submitted to the Public Works Department stating that the improvements have been
built as designed and approved. (Kalispell Design and Construction Standards)
This condition has been met. The Kalispell Public Works Department reviewed
and approved of a revised drainage plan submitted on June 12, 2007 as
indicated in the memo dated June 26, 2007. The developer plans to convey
water for lots 2A and 2B via drainage Zone 1 which will connect to the existing
stub out from the new Meridian Road drainage system. The remaining lots will
continue to use the retention pond located on Lot 1.
Additionally, a Subdivision Improvement Agreement (SIA) has been submitted to
complete the necessary site drainage improvements which are planned to be
completed by September 30, 2007.
Condition No. 4. The developer shall submit to the Kalispell Public Works
Department an erosion/ sediment control plan for review and approval. Prior to final
plat, the approved plan shall be implemented. (Kalispell Design and Construction
Standards)
This condition has been met. A letter from the Kalispell Public Works
Department dated April 4, 2007 indicated their office received and accepted a
simple erosion control (ESC) plan for this subdivision. In addition to this plan,
a storm water management permit would be obtained prior to ground
disturbing activities per the new City Ordinance 1600.
Condition No. 5. A one -foot no access strip shall be shown on the face of the final
plat along the western boundary of lot 2A (Findings of Fact Section A).
0 This condition has been met.
Condition No. 6. The dead and dying trees in the boulevard fronting the lots shall be
replaced and the boulevard shall be seeded in accordance with the design standards
and policies of the Kalispell Parks and Recreation Department (Kalispell Parks and
Recreation Department and Kalispell Subdivision Regulations Section 3.09).
This condition has been met. A landscaping agreement with the Kalispell Parks
and Recreation Department was submitted and the department approved of the
plan in a letter dated April 24, 2007 which stipulated the owner pay the
department $1,475.00 to replant five trees identified by the Department in a map
sent to TD&H on April 19, 2007. A copy of the check written for the full amount
was included in their submittal and is sufficient to rectify the issue with the dead
and/or diseased trees. An agreement was also included in the package for the turf
required within the five foot boulevard. A letter dated May 14, 2007 from the Parks
Department detailed this agreement - the applicant paid the City of Kalispell an
additional $143.00 to seed 1,430 square feet of the boulevard of which would be
free of weeds prior to seeding.
Condition No. 7. All utilities shall be installed underground. (Kalispell Subdivision
Regulations, Section 3.17).
0 This condition has been met.
Condition No. 8. 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. An erosion/ sediment control plan has been
approved and shall be implemented which includes seeding the 3-lot
subdivision to reduce runoff. As indicated above, a storm water management
permit would also be required prior to ground disturbance and would outline
approved re -vegetation methods. Seeding must occur within one week of
ground disturbing activities per the new storm water Ordinance 1600.
Condition No. 9. That preliminary plat approval shall be valid for a period of three
years from the date of city council approval. (Kalispell Subdivision Regulations,
Section 2.04).
0 This condition has been met. This plat has been filed within the allowed
timeframe.
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved by the City Council on September 5, 2006.
W-01j) I %an r.W IQ pa"I V V; a V 0: 3 b) IVI fz-j LOWN ZA
This subdivision plat was found to be in compliance with the State and City
Subdivision Regulations.
DKOOL-40 F.W10JAIII Y_VIWWb*VI9_N f
This subdivision is in compliance with the Kalispell Zoning Ordinance and the B-2,
General Business, zoning designation for the property which governs the dimensional
requirements of the lots within the subdivision as well as the uses.
I ZIA 31010) J) I j) I D) a 117A 9 CQ 1�
It can be found that the conditions of preliminary plat approval have been met or
otherwise adequately addressed. The staff would recommend that the Kalispell City
Council accept the Subdivision Improvement Agreement and approve the final plat for
the Westview Business Center No. 2. Please schedule this matter for the regular city
council meeting of August 6, 2007.
Sincerely,
Nicole C. on
Planner Il
Attachments:
Vicinity map
I I x 17 copy of plat
2 reproducible mylars of final plat
1 copy of final plat
Final plat application received 3/l/07
Health Department Certification dated 2/2/07
Letter from DEQ dated 2/15/07
Title Report dated 7/18/07
Consent to plat from Whitefish Credit Union dated 2/19/07
Memo from Public Works Department dated 8/31/05 and 6/26/07
Letter from the Kalispell Fire Department dated 2/5/07
Letter from Kalispell Public Works Department dated 4/4/07
Letter from Kalispell Parks and Recreation Department dated 4/24/07 and 5/14/07
(checks and diagram of trees included)
Tax Certification dated 3/5/07
Subdivision Improvement Agreement dated 7/18/07
Letter of Credit dated 7/5/07
c: Doug Kauffman, Thomas, Dean and Hoskins, Inc., 31 Three Mile Drive, Suite
101, Kalispell, Montana 59901
Andrew Matulionus, Medical Arts Pharmacy, 209 Conway Drive, Kalispell,
Montana 59901
Theresa White, Kalispell City Clerk
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
APPENDIX E
THIS AGREEMENT, made and entered into this day of _, 20_, by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
MEDICAL ARTS PHARMACY OF KALISPELL, LTD.,
.(Name of Developer)
a CORPORATION
(Individual, Company or Corporation)
located at-290 CONWAY DRIVE KALISPELL, FLATHEAD.COUNTY, MONTANA, 59901,
(Street Address/P. 0. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHERE AS, the Developer is the owner and developer of a new subdivision known as
WESTVIEW BUSINESS CENTER NO. 2 (Name of
Subdivision)
located at 101 AND III WESTVIEW PARK PLACE OFF NORTH MERIDIAN ROAD
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
WESTVIEW BUSINESS CENTER NO.2 -, upon the conditions as set forth (Name
of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements,
as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the
completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
security of 125% of the estirnated total cost of construction of said improvernents as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and
C�
WHEREAS, the estimated total cost of construction of said improvements is the SUrn Of
$4,210.
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the
City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable
collateral as determined by the City Council, in the amount of $ 5262.50 . Said Letter of Credit
or other collateral shall have an expiration date of at least sixty (60) days following the date set for
completion of the improvements, certifying the following:
a. That the creditor -uarantees ftinds in the surn of $ 5262.50 the estimated
0
cost of completing the required improvements in WESTVIEW BUSINESS CENTER NO.2.
(Narne of Subdivision)
b. That if the Developer fails to complete the specified improvements within the required period,
the creditor will pay to the City immediately, and without further action, such funds as are
necessary to finance the completion of those improvements Lip to the limited of credit stated in the
letter;
2. That said required improvements shall be fully completed by MAY 5 , 2008.
3
I That upon completion of the required improvements, the Developer shall cause to be filed with the
City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minirnurn standards specified by the City for
their construction and that the Developer warrants said improvements against any and all defects
for a period of one (1) year from the date of acceptance of the completion of those improvements
by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with tile City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
rr IS A-� AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TD- WIT..
That the Developer shall provide for inspection of all required improvements by a registered
I
professional engineer before the Developer shall be released from the Subdivision Improvement
Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold
collateral Sufficient to insure such compliance. If the City determines that the Developer will not
construct any or all of the improvements in accordance with the specifications, or within the required
time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the
improvement or improvements in accordance with the specifications. The unused portions of the
collateral shall be returned to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year
herein before written.
WESTVIEW BUSINESS CENTER NO.2
(Name Of SUbdivision/Developer/Firm)
by&tq AWL a 6�A
V (Title) � "\ N
STATE OF M6� A A
COUNTY OF
On this day of 'j jof 20 before me, a Notary Public for the
State of Montana, f personally appeared !W , known to me to be
the Of whose name is
subscribed to the foregoing instrument and acknowledged to me that �d/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and
year first above written.
Notary Publi� for the State of Montana
Printed NarneDE)04!�
r"k5 -Ij KA%-h1--f WAIJ
Residing at
7
My Commission Expires —W—zrl -Z-aob
MAYOR, CITY OF KALISPELL
MAYOR
ATTEST:
CITY CLERK
"t NOTARY
4F
k SFAL
OF poqo��
�01!1;�!!I� -
RESOLUTION NO. 5145
All
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINV.ZY PLAT OF
WESTVIEW BUSINESS CENTER #2, MORE PARTICULARLY DESCRIB&ASEOTRZ--4-0-
AND 3 OF WESTVIEW BUSINESS CENTER, LOCATED IN PORTIONS OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHERE AS, Medical Arts Pharmacy of Kalispell, LTD, the owner of the certain real property
described above, have petitioned for approval of the Subdivision Plat of said
property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
August 8, 2006 on the proposal and reviewed Subdivision Report #K-PP-06-7 issued
b y th-i-- Wnlknell Planning D(-nnrtmf-,-,nt. 9--nd
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Westview Business Center #2 subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting, of September
Z71
5, 2006, reviewed the Kalispell Planning Department Report #KPP-06-7, reviewed
the recommendations of the Kalispell City Planning Board and Zoning Commission,
t� t�'
and found from the Preliminary Plat, and evidence, that the subdivision is in the
public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTIONI. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-06-7 are hereby adopted as the Findings of Fact of the City Council.
SECTION 11. That the application of Medical Arts Pharmacy of Kalispell, LTD for
approval of the Preliminary Plat of Westview Business Center #2, Kalispell,
Flathead County, Montana is hereby approved subject to the following
conditions:
1. That the final plat for the subdivision shall be in substantial compliance with the approved
preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat)
2. The following requirements shall be met per the Kalispell Fire Department and a letter be
obtained from the department stating that the following requirements have been met (Kalispell
4D
Subdivision Regulations, Section 3.20).
10 proVIde
a. Vv'ater r-riams m mvs shall bc,
C;u
specifications at approved locatiorts. MiDi-nuir fire. flows shall be in accord2n-0-C wit1ii
International Fire Code (2003 edition),
b. I/ Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
C. /Fire Department access shall be provided in accordance with International Fire Code (2003
edition).
3. The developer shall submit to the Kalispell Public Works Department an engineered drainage
plan that meets the requirements of the current City standards for design and construction.
Prior to final plat, a certification shall be submitted to the Public Works Department stating
that the improvements have been built as designed and approved. (Kalispell Design and
Construction Standards)
4. The developer shall submit to the Kalispell Public Works Department an erosion/sediment
control plan for review and approval. Prior to final plat, the approved plan shall be
implemented. (Kalispell Design and Construction Standards)
D. A one -foot no access strip shail be shown on the face of the final plat along the western
boundary of lot 2A (Findings of Fact Section A).
6. Prior to final plat the dead and dying trees in the boulevard fronting the lots shall be replaced
and the boulevard shall be seeded in accordance with the design standards and policies of the
Kalispell Parks and Recreation Department (Kalispell Parks and Recreation Department and
Kalispell Subdivision Regulations Section 3.09).
7. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17).
8. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
9. That preliminary plat approval shall be valid for a period of three years from the date of City
Council approval. (Kalispell Subdivision Regulations, Section 2.04).
SECTION 111. 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 AND SIGNED BY TBE MAYOR OF TBE
CITY OF KALISPELL, THIS 5TH DAY OF
wff"_�
ATTEST:
I heresa White
City Clerk
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
This agreement specifically includes the following improvements, their projected construction completion date
and estimated construction costs.
CHECK
CONSTRUCTION
ESTIMATED PERCENTAGE
APPROPRIATE
COMPLETION
CONSTRUCTION COMPLETE
IMPROVEMENTS
DATE
COSTS
Street Grading/Paving
X
SEPT. 30. 2007
$400
Street Base
X
SEPT. 30,2007
$280
Sidewalks
Curbs and Gutters
Sanitary Sewers
Mains
Other
On -Site Sewaue
Facilities
Water Systems
Mains
Other
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
X
SEPT. 30,2007
$2,480
Drainage Facilities
Street Signs
Street Lighting
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping (Sod)
X
SEPT. 30, 2007
S650
Other (Mobilization, ect.)
X
SEPT. 30, 2007
S400
SUBTOTAL S_4210
FEES
TOT A
A LS COSTS $42 10
TOTAL COLLATERAL (TOTALS COSTS X 125%) S5262.50
CERTIFICATE OF ENGINEER
1, Ian J. Bailey, a Licensed Professional Engineer in the State of Montana, acting on
behalf of Thomas, Dean & Hoskins, Inc., do hereby certify:
Estimated costs in Exhibit B attached hereto are true and accurate;
Work completed has been completed in accordance with approved plans and
specifications, standards of Flathead County and the State of Montana.
--)Ad)
Done this,�=day of .2007
7' -
-/Bai
an-T I P
91
Certificate of Notar-y
State of Montana
County of Flathead
On this 2��' day of -JX�L---, 2007, before me the undersigned, a Notary Public
for the State of Montana, personally appeared 141 J 1�,AILEY , known to me
to be the person whose name is subscribed to the forgoing instrument and acknowledged
tr) mp thqt hi- i-xri-c-iifi-ti thi- znnip
Notary Public for fhe State of X401AXIA
Residing at PLA4,4W-1-L-
My Commission Expires on 7/24
SEAL
Estimated Construction Costs
Amount
Cost
Unit
Total
8" PVC, SDR 35, Storm Drain Pipe
12
$40.00
LF
$480.00
30" RCP, Storm Drain Vault
1
$2,000.00
EA
$2,000,00
Sod & Sprinkler System
Removal & Replacement
80
$5.00
SF
$400.00
Asphalt Removal & Repaving
8
$50.00
SY
$400.00
Crush, 3/4" Road base
8
$20.00
SY
$160.00
Pit Run, 12" Road sub base
3
$40.00
CY
$120.00
Silt Fence
25
$10.00
LF
$250.00
IMobilization & Bonding
1
$400.00
LS
$400.00
I
ITotall
L. -0 A
' GLAcIER
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BANK
P. 0. Box 27
202 Main Street
I 1 '13 IN 0LT01WXJ a a a By V I X 111%
City of Kalispell
Public Works Department
P.O. Bo 1997
Kalispell, MT 59903-1997
Kalispell, MT 59903
Phone # (406) 756-4299
Fax # (406) 7584380
Letter of Credit No. 107' )20
Date: July 5. 2007
Expiration Date: July 5, 2008
Amount: $5,262.50
We hereby establish in your favor an irrevocable letter of credit up to the aggregate amount of $5,262.50
at the request of Medical Arts Pharmacy of Kalispell, LTD.
If Medical Arts Pharmacy of Kalispell, LTD fails to complete the specified improvements in the West
View Business Center #2 within the time period set forth in the attached Improvements Agreement, we
will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are
required to complete said improvements. All drafts must indicate the number and date of this letter of
credit and be accompanied by a signed statement of an authorized official that the amount is drawn to
install improvements not installed in conformance with the Improvements Agreement and specifying the
default or defect in question.
All drafts must be presented prior to the expiration date stated above, and this letter of credit must
accompany the final draft for payment.
This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your
draft or written release.
This Letter of Credit is subject to the Uniform Customs and Practices for Documentary Credits (2007
Revision), International Chamber of Commerce Publication No. 600.
Glacio Bank
A
r
J�Anifcr Wh6eler, Assistant Vice' President
website: www.glacierbank.com 0 email: glocier@giacierbank.com
MEMBER FDIC AN EQUAL OPPORTUNITY LENDER
City of Kalispell
Planning Department
2007
,d K,", IS' PELL PLAr'.,NING DEPAR-WENT
17 - 2 Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
FINAL PLAT APPLICATION
Project /Subdivision Name: Westview Business Center No. 2
Contact Person:
Name: Doug Kauffman
Address: Thomas, Dean & Hoskins, Inc.
31 Three Mile Drive, Kalispell, MT 59901
Phone No.: 406-751-5246
Date of Preliminary Plat Approval: 05 September 2006
Type of Subdivision: Residential Industrial
Total Number of Lots in Subdivision 3
Land in Project (acres) 1.895
Parkland (acres) Cash -in -Lieu $
No. of Lots by Type:
Single Family
Townhouse
Duplex
Apartment
Commercial 3
Industrial
Condominium
Multi -Family
Owner & Mailing Address:
Andrew Matulionus
Medical Arts Pharmacy
209 Conway Drive, Kalispell, MT 59901
406-752-2492
Commercial ' PUD Other
Exempt X
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Other
Legal Description of the Property Lots 2 & 3 of Westview Business Center SW 1/4, SW 1/4,
Sec. 6, T28N, R21W
FILING FEE ATTACHED $ 715
Minor Subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
$400 + $105/lot
$650 + $105/lot
$600 + $105/lot
$ 50
K06-050
Attached Not Applicable (MUST CHECK ONE)
X Health Department Certification (Original)
X Title Report (Original, not more than 90 days old)
X Tax Certification (Property taxes must be paid)
X Consent(s) to Plat (Originals and notarized)
X Subdivision Improvements Agreement (Attach collateral)
X Parkland Cash -in -Lieu (Check attached)
X Maintenance Agreement
X Plats: lopaque OR 2 mylars
1 mylar copy I signed blueline
4 bluelines 4 bluelines, unsigned
I IX17 Copy 1 IX17 Copy
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The governing
body must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application and
may invalidate any approval. The signing of this application signifies approval for Kalispell Planning
staff to be present on the property for routine monitoring and inspection during the approval and
development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
flinal plat applications be accompanied with a digital copy.
3///0
C#A'er(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
2
Health Department Checklist for Survey Attachments
Owner
Surveyor 7— T) q� A
egal description
The following document must accompany this survey as required by the Montana
Sanitation in Subdivisions Act.
Parcels/Lots subject to review. Montana Department
of Environmental Quality (MDEQ) Certificate of Subdivision Approval
is required.
Municipal Facilities Exclusion Certification from MDEQ indicating that this
subdivision is in compliance with the requirements of the Sanitation in
Subdivision Act is required.
County Health Department memorandum only required.
Agricultural Use Covenant Documentation from the owner and the County
Commissioners indicating the covenant has been removed.
No Health Department documents are required.
Signed L-4k, . - - Date I--
-_J
Fw-,ave
Montana Department
ENIVIRO) NMENT Al,
of
If-AUITY Brian Schweitzer, Governor
P.O. Box 200901 . "elena, MT 59620-0901 . (406) 444-2544 - www.(Ieq.mt.go-,,
February 15, 2007
Thomas, Dean & Hoskins
Douglas J Kauffinan
#1 Three Mile Dr
Kalispell MT 59901
Dear Mr Kauffman:
RE: Westview Business Center No 2
Municipal Facilities Exclusion
EQ#07-2357
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA,
this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed f 76-4-111 (3), MCAJ. Construction of water or sewer extensions prior to
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75,
Chapter 6 and Title 76, Chapter 4.
Sincerely,
a land
Compliance Specialist
Subdivision Section
Public Water & Subdivision Bureau
(406) 444-1801 — email jskaarland@mt.gov
cc: City Engineer
County Sanitarian
file
q
Vnforcernent Division - Permitting & Compliance Division - Planning, Prevention & Assistance Division - Rernediation Division
Pursuant to Section 76-3-612, Montana Code Annotated, 1979, the undersigned, acting on behalf of
Whitefish Credit Union Association, being an owner of interest in the property to be subdivided as:
eel DMIEN WIN WNRETOW
do hereby consent to the platting of said subdivision.
WHITEFISH CREDIT UNION
V-
State of
County of ss:
On this
day of V iv" �'Lt* L 2007, before me the undersigned, a Notary Public for
the State of personally appeared
known to me to be the person(s) whose names are affixed to the Consent to Platting and acknowledged to
me that they executed the same.
LU:
Notary Public for the State of
I , I u C �-� i k ,
Residing at—i.--- -
My Commission Expires
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CITY OF
KALISPELL
To: Craig Kurzman, Building Official
From: Frank Castles, Assistant City Engineer
Date: August 31, 2005
Re: Westview Business Park, Lot 1
Attached is a copy of the revised stormwater easement for the referenced
project. This revised easement meets the site conditions for the proposed
""South' building.
C _-
1
Relinquishment and Grant of Easement
We, the Undersigned, the Owners of Lot One of Westview Business Center, have caused
to be prepared this Relinquishment and Grant of Easement.
Recitals:
An " Easement for Storm Water" is shown on the plat of Westview Business Center as
being located on the westerly boundary of Lot One.
+ Said easement encumbers a portion of Lot One.
+ The easement infringes on the developed area of Lot One.
+ Drainage improvements constructed for Westview Business Park can be
encompassed by an easement with different dimensions.
THEREFORE, we the Undersigned do hereby:
+ Relinquish the "Easement for Storm Water shown on Lot One on the plat of
Westview Business Center, recorded in Flathead County.
+ Grant an "Easement for Storm Water"as shown on the attached Exhibit A.
Said easement shall be for the purpose of containing the drainage improvements for
Westview Business Center.
Said easement provides for ingress and egress solely for the maintenance of the drainage
improvements.
IN WITNESS HERETO, the Grantors have set their hands on the day and date below
written
By Date
By Date 1,15
State of Montana
ss
County of Flathead
On this 12�v)
, k-/ day ofnunct-,-k 2005, before me, the undersigned, a
P49taryP blici d for the State of Montana, personally appeared,
cu
known to me to be the person whose name is subscribed to this instrument, and
acknowledged to me that he/she executed the same.
kIdl-l'! V i
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mnma 0, lypn.—1 .01.y
(seal) Notary Publicjf th [Y t
at.
)jJ , e 't�te o(C,
Residing yl)ka
My Commission Expires: Zap
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S C A L E
406758 7831 city of kahspell publicvv 02:13:26 p-m. 06-26-2007 2/3
21- nz
City of Kalispell Public Works Department-
ost ffice Box 1997, Kalispell, Montana 59903-[997 -Telephone (406)758-7720, Fax (406)758-7831
To: Frank Castles, P.E., Deputy Public Works Director/ Assistant City Engineer
Cc: Drew Harris, Thomas, Dean and Hosk-lqs, Inc.
Brad Hazlett, EyeHear, Inc.
Mark Crowley, City Construction Manager
From: Susie Turner
Re: West View Business Center 4-2, Drainage Approval
0
Date: Sun-- 26, 2007
On June 12, 2007, The City received a revised drainage report froin Thomas, Dean and
Hoskins, Lric. fo-r West Vie-w Business Center amended plat. Tile revised plans and
sup ocurnent for this project are approved as submitted. T e
ppomirig d I h new calculan'"ons and
plans improve die current drainage for this subdivision. They propose to connect drainage
Zone No. I (lot 2A and 2B) to the existing stub out from the new Meridian drainage system
and eliminated the un-usable pond on lot 2A.
As a side note regarding the entire West View Business Center Subdivision, the retention
pond on lot 1--shall —remdirf -d-n-&Ye u—sed-for—th�-dr-iiiii(,�-6-�t-6-r-ai-�-,�en—er-a-t-ed—fr
lots 1, 5, and 4. As lots 2A, 2B, 4, and 5 are developed a Stormwater Drainage Report will
be required to be reviewed and approved by the City of Kalispell Public Works.
KALISPELL FIRE DEPARTMENT
Randy Brodehl - Fire Chief
Dan Diehl - Assistant Chief/Operations
February 5, 2007
TD&H, Inc.
Attn: Douglas J. Kauffman, Ronald T. Gardner
31 Three Mile Drive, Suite 101
Kalispell, MT 59901
312 First Avenue East
Kalispell, Montana 59901
(406) 758-7760
FAX: (406) 758-7952
0 6 ,
Re: Plat approval — Westview Business Center #2 — Final Amended Plat
Dear Mr. Kaufman, Mr. Gardner:
In response to your request for final plat approval of the above -referenced project, we have
the following information:
1. Fire hydrant locations, fire flow and fire department access are approved by this
department.
Please contact me if you have any questions.
Sincerely,
F. Ray Ruffatto
Fire Inspector
xc: Tom Jentz, Kalispell Planning Department
"Assisting our community in reducing, preventing, and mitigating emergencies. "
City of Kalispell Pubfic Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406) 758-7720, Fax (406) 758-783 1
April 4, 2007
Andrew Matulionis
Medical Arts Pharmacy of Kalispell, LTD
209 Conway Dr
Kalispell MT 59901
RE: Erosion Control Plan for West View Business Center Subdivision #2
Dear Mr. Matulionis,
The City of Kalispell Pubic Works received a letter and plan outlining a simple erosion and
sediment control (ESC) plan as required for obtaining final plat for the West View Business
Center Subdivision #2. The ESC plan is accepted with the following conditions and
understandings.
I . An ESC plan is a working document, if what is listed on the plan and letter does not
prevent the sediment from getting into the stormwater system alternative sediment
control best management practices will need to be installed.
2. On May 2, 2007 the new City Ordinance entitled "Stormwater Discharge Resulting from
Construction and Land Disturbance Activities" will become active. A City Stormwater
Management Permit will need to be obtained for all new land disturbance activities on the
subdivision lots.
Please feel free to contact me if you have any questions.
jS' ely,
si'e- ume
City of Kalispell Public Works
406-758-7852
Cc: Thomas, Dean and Hoskins, Inc
Of ]is
Parks and Recreation
May 14, 2007
Mr. Andrew Matulionis
290 Conway Drive
Kalispell MT 59901
Re: Westview Park Place
Dear Andrew:
35 1 st Ave East — P 0 Box 1997 — Kalispell MT 59903-1997
Phone: (406) 758-7718 Fax: (406) 758-7719
Email: parknrec@kalispell.com
This letter is to serve as approval of the landscaping agreement submitted and dated
April 24, 2007 for the replacement of boulevard trees on the north side of Westview
Park Place. This agreement stipulates that Andrew will pay the city $1,475.00 to replant
5 trees specified by the Parks Department in a map sent to Ron at TDH on April 19,
2007.
The developer also agrees to pay the city $143.00 for seeding 1430 sq. feet of
boulevard. The boulevard must be free and clear of all weeds prior to the city seeding.
The developer also agrees to pay for top soil if needed.
The total to be paid for trees, planting and seeding is $1618.00.
The city will work with both the developer and property owners to coordinate plantings
and seeding when the majority of the construction is finished and people are moved into
the subdivision.
It has been enjoyable working with you Andrew, and we appreciate your thoroughness
and attention to detail. If you have any concerns or questions please give me a call.
Sincerely,
Chad Fincher, Parks Superintendent
Cc: Nicole Johnson, Planning Department
Mike Baker, Parks and Recreation Director
35 1 st Ave East — P 0 Box 1997 — Kalispell MT 59903-1997
Phone: (406) 758-7718 Fax: (406) 758-7719
Email: parknrec@kalispell.com
April 24, 2007
Mr. Andrew Matulionis
290 Conway Drive
Kalispell MT 59901
Re: Westview Park Place
Dear Andrew:
This letter is to serve as approval of the landscaping agreement submitted and dated
April 24, 2007 for the replacement of boulevard trees on the north side of Westview
Park Place. This agreement stipulates that Andrew will pay the city $1,475.00 to replant
5 trees specified by the Parks Department in a map sent to Ron at TDH on April 19,
2007.
The city will work with both the developer and property owners to coordinate plantings
when the majority of the construction is finished and people are moved into the
subdivision.
It has been enjoyable working with you Andrew, and we appreciate your thoroughness
and attention to detail. If you have any concerns or questions please give me a call.
Sincerel
Chad Fincher, Parks Superintendent
Cc: Nicole Johnson, Planning Department
Mike Baker, Parks and Recreation Director
Thomas, Dean & Hoskins, Inc.
T
TD ------
Engineering ultants
April 24, 2007
Michael Baker, Director
City of Kalispell Parks-& Recreation
3 5 First Ave.. East
Kalispell, MT 59901
Re: Westview Business Center No. 2 — replacement of dead trees
Dear Mr. Michael:
On behalf ofAndrew Matulionis, we have agreed to have the Parks & Rec. Dept. perform
the work of replacing the dead and dying trees in the boulevard along the north side of
Westview Park Place. A diagrain showing the five trees that will be replaced is attached.
We understand the developer's agreement is the trees will be replaced at the time when
the new owner has purchased the lot and has a watering system in place that can water
the new tree(s) on a regular basis and to approve in the location and species of tree.
Enclosed you will find a check for $1,475 to cover the cost of replanting the five new
trees.
Please contact me if you have any questions or need anything further.
Sincerely,
THOMAS, DEAN & HOSKINS, INC.
Ronald T. Gardner, P.L.S.
RTG:cr
K06-050-001
Encl: Referenced Above
Cc: Andrew M.atulionis
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Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions & Condominiums Only
TAX SEARCH FOR CERTIFICATE OF SURVEYS:
BY: TD&H
FOR: MEDICAL ARTS PHARMACY OF KAL LTD DATE 2/1/2007
DESCP: WESTVIEW BUSINESS CENTER NO.2 PURPOSE AMD PLAT
(RESUB L.2&3 WESTVIEW BUSINESS CTR
6-28-21)
YEARS ASSESSOR#
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. MAR 0 5 2007 1
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VICINITY MAP SCAU 1 250'
MEDICAL ARTS PHARMACY OF KALISPELL, LTD
PRELIMINARY PLAT - WESTVIEW BUSINESS CENTER #2
A 3 LOT COMMERCIAL SUBDIVISION ON APPROX. 1.8
ACRES IN THE B-2 (GENERAL BUSINESS) DISTRICT
PLOT DATE 7/6/06
FILE# KPP-06-07 H:\gis\site\kppO6—O7.dwg
mon�
Subdivision Guarantee
Guarantee No.: 199192-CT
OM W-9
NM
Citizen's Title andEscrow Company
704 5outh MaInIP. 0. Box 1310. Kallspell, M T 59901
Title Officer: Leslie Lane
Phone: (406)752-5368
FAX: (406)752-9617
Form No. 1282 (Rev 12/15/95)
Subdivision Guarantee
Guarantee No.: 199192-CT
Form 1349
CLTA Guarantee Face Page
(Revised 12/15/95)
First A merican Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE,
First American ritle 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.
Fii-s-t-4mt-Hemi Tiffe hi.vairmce Ck)mjvy�y
BY
ATTB�SIT SECRETARY
Citizen's Title and Escrow Company
AUTHORIZED SIGNATORY
Subdivision Guarantee
Guarantee No.: 199192-CT
Order No.: 199192-CT
Guarantee No.: 199192-CT
Fee: $200.00
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:
Thomas, Dean and Hoskins
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:
LOTS 2 AND 3 OF WESTVIEW BUSINESS CENTER, ACCORDING TO THE MAP OR PLAT
THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF
FLATHEAD COUNTY, MONTANA.
(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:
Medical Arts Pharmacy of Kalispell, Ltd.
(B) Parties holding liens or encumbrances on the title to said lands are:
Whitefish Credit Union Association of P. 0. Box 37, Whitefish, MT 59937
(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.
2. County road rights -of -way not recorded and indexed as a conveyance of record in the office of
the Clerk and Recorder to Title 70, Chapter 21, M.C.A., including, but not limited to any right of
the Public and the County of Flathead to use and occupy those certain roads and trails as
depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead
County.
Subdivision Guarantee Guarantee No.: 199192-CT
3. 2007 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
2006 2,704.65 (paid) 2,704.63 (paid) 75-0500352 Affects: Lot 2
2006 $1,706.86 $1,706.83 75-0500353 Affects: Lot 3
(paid) (paid)
4. Easement for an electric transmission and distribution line granted to Pacific Power & Light
Company, recorded April 24, 1968, in Book 495, Page 677, as Doc. No. 2986, records of Flathead
County, Montana.
5. Resolution No. 3121, recorded July 29, 1977 in Book 621, Page 796, as Doc. No. 10484, records
of Flathead County, Montana.
6. Covenants, conditions and restrictions, recorded June 29, 1977, in Book 621, Page 774, as Doc.
No. 10486, records of Flathead County, Montana, but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, familial status, or national origin to the extent such covenants, conditions or
restrictions violate 42 USC 3604(c).
7. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed on the recorded plat of Westview Business Center
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).
8. Provisions contained in that Certificate, executed by the State of Montana, Department of Health
and Environmental Services.
9. Covenants, conditions and restrictions, recorded May 17, 2005, as Doc. No. 2005-137-14060,
records of Flathead County, Montana, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, or national origin to the extent such covenants, conditions or restrictions violate
42 USC 3604(c).
10. Subdivision Improvement Agreement upon the terms, conditions and provisions contained
therein:
DATED May 15, 2005
PAR-RES City of Kalispell and Ronald Barnes
RECORDED: May 20, 2005, as Doc. No. 2005-140-10030, records of Flathead County, Montana.
11. Unrecorded leaseholds; rights of parties in possession, rights of secured parties, vendors and
vendees under conditional sales contracts of personal property installed on the premises
herein, and rights of tenants to remove trade fixtures.
Subdivision Guarantee
Guarantee No.: 199192-CT
12. Trust Indenture, to secure an indebtedness of $148,000.00, dated May 23, 2005.
Recorded: May 23, 2005 , as Instrument No. 2005-143-16140
Grantor: Medical Arts Pharmacy of Kalispell, Ltd.
Trustee: Whitefish Title Services
Beneficiary: Whitefish Credit Union.
Affects: Lot 3
13. Trust Indenture, to secure an indebtedness of $250,168.00, dated May 4, 2006.
Recorded: May 5, 2006 , as Instrument No. 2006-125-15590
Grantor: Medical Arts Pharmacy of Kalispell, Ltd.
Trustee: Citizen's Title
Beneficiary: Whitefish Credit Union.
Affects: Lot 2
14. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed on the unrecorded plat of Westview Business
Center No. 2, 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: July 02, 2007 at 7:30 A.M.
Subdivision Guarantee Guarantee No.: 199192-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 setforth
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) "clate": 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.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 2 of these Conditions and
Stipulations have been provided to the Company, a proof of loss or damage signed
and sworn to by the Assured shall be furnished to the Company within ninety (90)
days after the Assured shall ascertain the facts giving rise to the loss or damage. The
proof of loss or damage shall describe the matters covered by this Guarantee which
constitute the basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the Assured to provide the required proof of loss or damage, the
Company's obligation to such Assured under the Guarantee shall terminate. In
addition, the Assured may reasonably be required to submit to examination under
oath by any authorized representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times and places as may be
designated by any authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether bearing a date before or
after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the Assured shall grant
its permission, in writing, for any authorized representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain to the
Loss or Damage. All information designated as confidential by the Assured provided
to the Company, pursuant to this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the Assured to submit for examination under oath, produce other
reasonably requested information or grant permission to secure reasonably necessary
information from third parties as required in the above paragraph, unless prohibited
by law or governmental regulation, shall terminate any liability of the Company under
this Guarantee to the Assured for that claim.
Form No. 1282 (Rev. 12/15/95)
Subdivision Guarantee
Guarantee No.: 199192-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.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures any other matter Assured against by this Guarantee in a
reasonably diligent manner by any method, including litigation and the completion of
any appeals therefrom, it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent,
the Company shall have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability
voluntarily assumed by the Assured in settling any claim or suit without the
prior written consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorneys' fees
and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing this Guarantee for endorsement
of the payment unless the Guarantee has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all
right of subrogation shall vest in the Company unaffected by any act of the Assured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which
the Assured would have had against any person or property in respect to the claim had
this Guarantee not been issued. If requested by the Company, the Assured shall
transfer to the Company all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the Assured and to use the
name of the Assured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the
Company shall be subrogated to all rights and remedies of the Assured after the
Assured shall have recovered its principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand
arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, 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 Tide 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.: 199192-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 wehave 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.flrstam.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;
0 Information about your transactions with us, our affiliated companies, or others; and
0 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 b law. We may, however, store such information indefinitely, including the
period after which any customer relationship has cease�. 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 a raisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we corlep ct, 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
CITIZENS TITLE &ES[ROVV CO,, INC.
STATE OF Montana )
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Notary Public fOrState of Montana
residing at:
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