Staff Report/Final Plat Phase 3Planning Department
2011" Avenue East
Kafispel� MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT Final Plat for Westview Estates Phase 3
MEETING DATE: July 20, 2009
BACKGROUND: This is a request for final plat approval of Westview Estates Subdivision Phase 3.
Phase 3 consists of 30 single-family lots and one 2.19 acre city park on approximately 12.1 acres.
The property is generally located on the north side of West Reserve Drive approximately 1/4mile east
of the intersection of Stillwater Road and West Reserve Drive. The property can be described as a
portion of Assessor's Tract 5, located in Section 25, Township 29 North, Range 22 West, P.M.M.,
Flathead County, Montana. The property was annexed into the City of Kalispell on May 5, 2003 and
given an initial zoning designation of R-3, Urban Residential.
The Westview Estates Subdivision was given preliminary plat approval by the Kalispell City Council
on May 5, 2003, subject to 20 conditions. The council granted final plat approval for phases 1 and
2 on August 21, 2006. On August 18, 2008 the council granted the developer a one year extension
for phase 3. All of the conditions have been met for the final plat of phase 3 and the developer is
requesting final plat approval before the preliminary plat deadline of August 18, 2009.
RECOMMENDATION: A motion to approve the final plat for Westview Estates Subdivision Phase 3
would be in order.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
C-'e, �
Sean Conrad Myrt(Vebb
Senior Planner Interim City Manager
Report compiled: July 14, 2009
Attachments: Letter of transmittal
Final plat application and supporting documents
Planning Department
2011" Avenue East
Katispe% MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannins!
July 13, 2009
Myrt Webb, Interim City Manager
City of Kalispell
201 1 st Avenue East
Kalispell, MT 59901
Re: Final Plat for Westview Estates Phases 3
Dear Myrt:
This is a request for final plat approval of Westview Estates Subdivision Phase 3. Phase 3
consists of 30 single-family lots and one 2.19 acre city park on approximately 12.1 acres.
The property is generally located on the north side of West Reserve Drive approximately 1/4
mile cast of the intersection of Stillwater Road and West Reserve Drive. The property can
be described as a portion of Assessor's Tract 5, located in Section 25, Township 29 North,
Range 22 West, P.M.M., Flathead County, Montana. The property was annexed into the
city of Kalispell on May 5, 2003 and given an initial zoning designation of R-3, Urban
Residential.
The Westview Estates Subdivision was given preliminary plat approval by the Kalispell City
Council on May 5, 2003, subject to 20 conditions. The council granted final plat approval
for phases I and 2 on August 21, 2006. On August 18, 2008 the council granted the
developer a one year extension for phase 3. All of the conditions have been met for the
final plat of phase 3 and the developer is requesting final plat approval before the
preliminary plat deadline of August 18, 2009.
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.
COMPLIANCE WITH CONDITIONS OF APPROVAL:
Condition No. 1. Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plat which governs the location of lots and
roadways 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 streets.
This condition is met. A letter from the Kalispell Public Works Department dated
August 1, 2008 approves the street construction.
Condition No. 3. That a letter be obtained from the Kalispell Public Works Department
approving the plans and specifications for water, sewer and drainage facilities for the
subdivision.
This condition is met. A letter from Frank Castles, Assistant City Engineer, dated
November 7, 2005 approved the construction plans for water, sewer and drainage
facilities.
Condition No. 4. 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 is met. A letter from WMW engineering dated July 25, 2008 states
that all work has been completed in substantial conformance with the approved
plans. A letter from Mark Crowley, Construction Manager, dated August 1, 2008
approves of the existing completed improvements within the subdivision.
Condition No. S. Development of the landscape boulevard with location of street trees
shall be placed in accordance with a plan approved by the Kalispell Parks and
Recreation director.
This condition has been met. The developer has opted to pay the Kalispell Parks
and Recreation Department for the installation of 68 boulevard trees for phase 3.
Please see attached a letter from the Kalispell Parks and Recreation Department
dated April 18, 2008. The boulevards have already been seeded and the draft
CC&,R's submitted with the final plat application for phases I and 2 require the
homeowners to maintain the grass within the boulevard.
Condition No. 6. A storm water drainage 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.
This condition is met. A letter from Frank Castles, Assistant City Engineer, dated
November 7, 2005 approved the storm water drainage plan.
Condition No. 7. That the developer obtain a letter from the Montana Department of
Transportation approving the intersection of the new internal roadway and West
Reserve Drive and certifying that any necessary improvements have been made.
This condition is met. A letter from James Freyholtz, P.E., Kalispell Area Traffic
Engineer for the Montana Department of Transportation dated June 4, 2009 states
N
that all needed traffic migration measures have been completed at the intersection.
Condition No. S. Obtain a permit from the Flathead County Road Department for the
new road access onto Stillwater Road and any needed improvements be made prior to
final plat approval having been reviewed and approved by the road department
superintendent.
0 This condition was met as part of phases 1 and 2.
Condition No. 9. The road 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 be subject to review and approval of the Kalispell
Fire Department.
All roads within the subdivision have been named and signed in accordance with
the policies of the Kalispell Public Works Department and the Uniform Traffic
Control Devices Manual.
Condition No. 10. The developer shall provide a letter from the U.S. Postal Service
approving the plan for mail service.
This condition is met. The plan for mail service has been approved by the U.S.
Postal Service in a letter to the developer dated November 20, 2007. The developer
has purchased the central box units the post office will deliver to in June of this
year. The post office will be installing the central box units shortly.
Condition No. 11. Street lighting shall be located within the subdivision and shall be
shielded so that it does not intrude unnecessarily onto adjoining properties.
0 This condition is met. Street lighting has been installed with shielding.
Condition No. 12. That the parkland dedication requirements shall be one -ninth or 11
percent of the area in lots or 3.69 acres. The 2.20 acre as indicated on the plat will
meet a portion of that requirement and the remaining approximately one acre required
can be met by investing an equivalent cash value into the park. The cash -in -lieu of
parkland values is based on a value of $10,000 per acre or other value demonstrated
by the developer as the purchase price per acre.
This condition is met. As part of the final plat for phase 3 the developer will be
dedicating a 2.19 acre park to the city. Improvements to the park will be
implemented over the next several years based on an agreement with the developer
and the Parks and Recreation Department.
Condition No. 13. That a road access be provided from Taylor Road connecting Parcel A
to the subdivision.
0 The road access to Parcel A will be provided in the next phase of development.
Condition No. 14. That a minimum 20-foot buffer strip shall be established between
West Reserve Drive and the subdivision.
3
This condition was partially met with the final plat of phase 1. The remaining
length of buffer strip will be dedicated with the remaining phases of the subdivision.
Phase 3 does not have any frontage along West Reserve Drive.
Condition No. 15. In addition to the 20-foot buffer strip, a 10-foot right-of-way
reservation along West Reserve Drive be indicated on the final plat for the future
expansion of that road.
This condition was partially met with the final plat of phase 1. The remaining 10-
foot right-of-way reservation along West Reserve Drive will be dedicated with the
remaining phases of the subdivision. Phase 3 does not have any frontage along
West Reserve Drive.
Condition No. 16. All utilities shall be installed underground.
This condition is met. All utilities will be installed underground per the approved
plans.
Condition No. 17. 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 as well as fire flows and
access 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. A letter from the Fire Department dated November 30, 2007
approves of the subdivision's access, hydrant location and fire flow.
Condition No. 18. That a minimum of two-thirds of the necessary infrastructure for this
subdivision shall be completed prior to final plat submittal.
This condition is met. All of the necessary infrastructure has been installed and
inspected by the appropriate departments.
Condition No. 19. All areas disturbed during development of the subdivision shall be re -
vegetated with a weed -free mix immediately after development.
This condition is met. The developer has seeded the property and has continually
maintained the vacant land to suppress the weeds.
Condition No. 20. That preliminary approval shall be valid for a period of three years
from the date of approval.
This condition is met. The city council granted a one-year extension for phases 1
and 2. With the extension the preliminary plat for phase 3 is valid until August 18,
2009.
1610) ji I U 4 41 � M DA13 V V; a V; 0 4141W) 6) ikV M CO) � 6 '"A
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations.
M
This subdivision complies with the Kalispell Zoning Ordinance and the R-3 zoning for the
property.
10*col 1610MIM40(o
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 schedule this matter for the July 20, 2009 regular city council meeting
if possible. You may call me at 758-7940 if I can be of assistance to you regarding this
matter.
Sincerely,
,�w ", /,,,
Scan Conrad
Senior Planner
Attachments: Vicinity map & 11 x 17 plat
2 reproducible mylars of final plat
1 blueline of final plat
Final plat application dated 5/27/09
Letter from Sands Surveying dated 6/4/09
Letters from Kalispell Public Works dated 8/1/08, 11/7/05 and
8/8/06
Letter from WMW Engineering dated 7/25/08
Letter from Kalispell Parks and Rec dated 4/18/08
Letter from Montana Department of Transportation dated 6/4/09
Letter from USPS dated 11/20/07
Letter from Kalispell Fire Department dated 11/30/07
Memorandum letter of Understanding for park development dated
7/2/07
Letters from MDEQ dated 11 / 17/05 and 12/5/05
Title report # G 1578-67159 dated 5/7/09
Treasurer's certification dated 5/20/09
c: Theresa White, Kalispell City Clerk
Sands Surveying, Inc., Attn: Eric Mulcahy, 2 Village Loop, Kalispell, MT 59901
Owl Corp, Attn: Mark Owens, 500 Palmer Drive, Kalispell, MT 59901
9
City of Kalispell
Planning Department
17-2 nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
FINAL PILAT APPLICATION
Project /Subdivision Name: West View Estates, Phases 3
Contact Person:
Name:_Sands Survolnd, Inc
Address: 2 Villa e Loo
Kalispell, MT 59901
Phone No.:-(406) 755-6481
Owner & Mailing Address:
-Owl Corp, Attn: Mark Owens
500 Palmer Drive
-KalisT)ell, MT 59901
_(406) 752-5666
Date of Preliminary Plat Approval: Phases I and 2 final platted on August 21, 2006. Phase 3
would expire on Auaust 21, 2008 and the Council granted a one year extension so the Plat would
expire on Auaust 21, 2009.
Type of Subdivision: Residential X Industrial Commercial PUD Other
Total Number of Lots in Subdivision. 30 lots in Phase 3
Land in Project (acres) 12.143 acres in Phase 3
Parkland (acres) 2.192 acres Cash -in -Lieu
No. of Lots by Type:
Single Family X - Townhouse
Duplex
Commercial
Condominium
Apartment
Industrial
Multi -Family
$_ Exempt
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Other
Legal Description of the Property W1/2 of SW1/4 of Section 25, Township 20 North, Range 22
West. P.M.M.
FILING FEE ATrACHED $$4,550.00
Minor Subdivision with approved preliminary plat $400 + $125/lot
Major Subdivision with approved preliminary plat $800 + $125/lot
Subdivisions with Waiver of Preliminary Plat $800 + $125/lot
Subdivision Improvements Agreement $ 50
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)
Maintenance Agreement
X —
Plats: lopaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
I IX17 Copy I IX1 7 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
final plat applications be accompanied with a digital copy.
6,Wner(s) Signature Daie
**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 comer or a comer of the public land survey system
2
SANDS SURVEYING, INC.
2 Village Loop Road
Kalispell, MT 59901
406-755-6481
Fax 406-755-6488
June 4, 2009
City of Kalispell Planning Department
172 d Street East
Kalispell, MT 59901
RE: Final Plat submittal for West View Estates, Phase 3.
Dear Planning Office:
This cover letter is intended to give an overview of the conditions of approval and the supporting
documentation for meeting the conditions for West View Estates Phase 3. The Kalispell City Council
granted preliminary plat approval of the subdivision on May 5, 2003 and granted a one year in 2006. The
City Council granted Final Plat of Phase I and 2 on August 21, 2006 which gives Phase 3 until August
21, 2008 to reach final plat approval. On August 18, 2008 the Kalispell City Council granted the
developer a one year extension for Phase 3. The required improvements are in place and accepted and the
applicant is not submitting a Subdivision Improvements Agreement.
Preliminary Plat Conditions
Condition #1: That the development of the subdivision shall be in substantial conformance with the
approved preliminary plat which governs the general location of the lots and roadways.
This condition is met. The final plat conforms to the preliminary plat approved by the City
Council.
Condition #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 streets.
This condition is met. See letter from the Kalispell Public Works Department approving the
infrastructure and starting the one-year warranty period (8/l/08)
Condition #3: That a letter be obtained from the Kalispell Public Works Department approving the plans
and specification for water, sewer, and drainage facilities for the subdivision.
This condition is met. (See letter from Kalispell Public Works Department, Frank Castles, P.E.
dated 11/7/05 and 8/8/06 and letter from Kalispell Fire Department approving hydrant
specifications, fire flows and access dated 11/30/07).
Condition #4: 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 is met. (See letters from WMW dated 7/25/08 and Kalispell Public Works
Department and letter from Kalispell Public Works dated 8/l/08).
Condition #5: Development of the landscape boulevard with location of street trees shall be placed in
accordance with a plan approved by the Kalispell Parks and Recreation Director
This condition is met. The developer has provided the City of Kalispell a check for $20,060.00 to
cover the cost of planting 68 boulevard trees within Phases 3. The Kalispell Parks
Superintendent, Chad Fincher has provided a letter dated 4/18/08 approving the landscape and
boulevard plan.
Condition #6: A storm water drainage 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.
This condition is met. (See letters from Kalispell Public Works Department)
Condition #7: That the developer obtain a letter from the Montana Department of Transportation
approving the intersection of the new internal roadway and West Reserve Drive and certifying that any
necessary improvements have been made.
This condition was met in Phase I and 2. (See MDOT permit and letter from Clay Colby dated
8/2/06. The turn bays are in place and the High School is up and running)
Condition #8: Obtain a permit from the Flathead County Road Department for the new road access onto
Stillwater Road and any needed improvements be made prior to the final plat approval having been
reviewed and approved by the road department superintendent.
This condition was met in Phases I and 2. (See Flathead County Road Approach Permit AE-
2191).
Condition #9: The road within the subdivision shall be named and signed in accordance with the policies
of Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to
review and approval of the Kalispell Fire Department.
This condition is met. The road signs are in place.
Condition #10: The developer shall provide a letter from the US Postal Service approving the plan for
mail service.
This condition was met and mailbox units are in place. (See Letter from the USPS dated
11/20/07)
Condition #11: 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. The lighting plan was approved by Kalispell Public Works. The lights
have been installed by Flathead Electric Coop.
Condition # 12: That parkland dedication requirements shall be one -ninth or 11 % of the area in lots or
3.69 acres. The 2.00 acres as indicated on the plat will meet a portion of that requirement and the
remaining approximately one acre required can be met by investing and equivalent cash value into the
park. The cash -in -lieu of parkland value is based on a value of $10,000 per acre or other value
demonstrated by the developer as the purchase price per acre.
This condition is met. Developer entered into an agreement with the City of Kalispell on July 5,
2007 for developing the park with a City water well pump house and restrooms. The City has
drilled the well on the property and constructed the well house and restrooms. The developer has
provided funding through the cash -in -lieu payment to go towards the City's to install irrigation,
seeding and playground equipment. The park improvements are in process and expected to be
complete by spring or summer of 2009. The language on the face of the West View Estates,
Phase 3 plat dedicates the park to the City of Kalispell.
Condition #13: That a road access be provided from Taylor Road connecting Parcel A to the
subdivision..
The applicant will meet this condition in the next phase as Phase 3 does not construct Taylor
Way. Taylor Way will be constructed in Phase 4.
Condition #14: That a minimum 20-foot buffer strip shall be established between West Reserve Drive
and the Subdivision.
This condition is partially met. The buffer strip is landscaped however only the portion that was
in Phase I has been dedicated with the remaining portion to be dedicated in the future with the
Phase 4 and 5 Plats. Phase 3 does not have any frontage on West Reserve.
Condition #15: In addition to the 20 foot buffer strip, a 10-foot right-of-way reservation along West
Reserve Drive be indicated on the final plat for future expansion of that road.
This condition is partially met. A portion of the ROW reserve was dedicated in Phase I however
there is no West Reserve frontage in Phase 3. The remainder of the ROW reserve will be
dedicated in Phases 4 and 5.
Condition # 16: All utilities shall be installed underground.
This condition is met. The utilities are in place. Copies of the contracts are in the packet.
Condition #17: 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 as well as fire flows and access 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. (See Letter the Kalispell Fire Department dated 11/30/07)
Condition #18: That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
This condition is met. The developer has completed all of the improvements.
Condition#19: All areas disturbed during development of the subdivision shall be revegetated with weed
free mix immediately after development.
This condition is met. The applicant has been actively managing the property for weeds.
Condition #20: The preliminary approval shall be valid from date of approval.
This condition is met. A one year extension was granted by the City Council for Phase
preliminary plat and the preliminary approval for phase 3 will expire on August 21, 2009 2007.
A title report is included with this application. Taxes are paid in full. Should you have any questions
regarding this final plat application, please contact me at 755-6481.
Sincerely,
70�' -�- �--" �
Eric H. Mulcahy, AICP
Sands Surveying Inc.
Attachments: City of Kalispell Final Plat Application
Letter — WMW Engineering (10/25/08)
Letter — Kalispell Public Works Department (8/l/08)
Letter — Kalispell Public Works Department (11/7/05)
Letter — Kalispell Public Works Department (8/8/06)
Letter — Kalispell Parks and Recreation Department (4/18/08)
MDOT pennit (8/2/06)
Flathead County Road and Bridge Department Approach Permit (7/31/06)
Letter — USPS (11/20/07)
Memorandum of Understanding, City of Kalispell and Owl Corporation (7/5/07)
Letter — Kalispell Fire Department (11/30/07)
MDEQ letters (12/2/05 and 11/17/05)
Title Report for Phase 3 (Order # CG-50090, Guarantee # GI 578-67159, Date 5/7/09)
Tax Certification Phase 3 (5/20/09)
V. I
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-783)
August 1, 2008
WMW Engineering, PC
50 West Second Street
Whitefish, MT 59937
Attention- Tonya Wells, P.E.
Re: West View Estates Phase 3
Dear Tonya,
The City of Kalispell Public Works Department hereby approves the existing, completed
City infrastructure improvements for the referenced project. The one-year warranty
period for the City owned and maintained existing, completed improvements
commenced on July 25, 2008.
If you have any questions, do not hesitate to contact this office.
I RSii n ely
Mark rowley
Construction Manager,
CC: Sean Conrad, Senior Planner; Planning Department
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
November 7, 2005
Dick Montgomery, P.E.
Environmental Health Services
Flathead City -County Health Department
1035 First Avenue West
Kalispell, Mt. 59901
Re: West View Estates
Kalispell, Montana
Dear Dick,
This letter is to confirm that the City *of Kalispell has reviewed and approved the
construction plans and specifications prepared by WMW Engineering, PC, Consulting
Engineers, for the referenced project with the stipulation that the required vertical
clearances for the water/sewer intersections be maintained. The Kalispell water
distribution system and sanitary sewer system has adequate capacity to serve the
project.
Please feel free to call if you have any questions.
Sincegely,
Frank Ca I , P.E.
Assistant City Engineer
cc: WMW Engineerin' g, PC
Consulting Engineers
50 West Second Street
Whitefish, Montana 59937
City of Kalispell Public Works Department
Post Offwe Box 1997, Kalispell, Montana 599034997 - Telephone (406)758-'7720, Fax (406)758-7831
August 8, 2006
WMW Engineering, PC
Consulting Engineers
50 West Second Street
Whitefish, Montana 59937
Via fax: 862-7827
Attention: Paul Wells, P.E.
Re: West View Estates
Dear Paul:
The conshixtbn plans and supporting documents fbr the reference�l project are hereby
approved. Approval does not relieve you or the contractor from compliance with the
standards currently in effect
S^incely
'y
r r
ank Casties, P.E.
Assistant City Engineer
Paul Wells, P.E.
Principal Engineer
July 25, 2008
Mayor Kennedy and City Council
City of Kalispell
PO Box 1997
Kalispell, MT 59903
RE: West View Estates Phase 3
Dear Mayor and City Council:
Consulting Engineers
50 West Second Street
Whitefish, Montana 59937
Phone (406) 862-7826
Fax (406) 862-7827
Please accept this letter as my certification that all work has been completed in substantial conformance
with the approved plans and specifications.
0 .000 0 0.
ONTA
Sincerely, TONYA L.
VAJ E I t
0. IT
Tonya L. Wells
0�
Cc: Mark Owens, OWL Corporation'
Eric Mulcahey, Sands Surveying
Max Lauder, DEQ
of
Parks and Recreation
April 18, 2008
Lee Griswold
Owl Corporation
500 Palmer Drive
Kalispell, MT 59901-2767
35 1 s' Ave East — P 0 Box 1997 — Kalispell MT 59903-1997
Phone: (406) 758-7960 Fax: (406) 758-7719
Email: cfincher@kalispell.com
Re: West View Estates Subdivision, Phase 3
Dear Lee:
This letter is to serve as approval of the landscaping agreement submitted and dated
April 14, 2008 for boulevard trees and planting in West View Estates Subdivision, Phase
3. This agreement stipulates that developer will pay the city $295.00 per tree to be
planted in phase 3. Going off the submitted landscape plan from Bruce Lutz, there are
a total of 68 trees to be planted. The total cost for this Developer's Agreement is
$20,060.00.
The developer and/or property owner will be responsible for any boulevard prep,
seeding or sod. This Developer's Agreement is solely for trees and no other
landscaping in West View Estates Subdivision, Phase 3.
We are in receipt of your check numbered 5025 for the amount of $20,060.00 to cover
the planting of twelve (68) trees in West View Estates Subdivision, Phase 3. As the lots
are developed, please call our office to schedule the tree plantings.
If you have questions regarding the timing involved to plant trees or any concerns, feel
free to contact me.
Sincerell
7
Z
Chad Fincher, Parks Superintendent
CC: Sean Conrad, Planning Department
Mike Baker, Parks and Recreation Director
Deb Diest, Finance Department
Montana, Pepartment of Transportation J"M
Gcvemor
� �A�rec
�5 Fifth Aver,ve Em",
3cx 73OP
,m, T '59C,04,—)1�08
June 11, 2009
Eric Mulcahy
Sands Surveving,Inc.
Village L
I , 001)
Kalispell, MT 59901
Subject: IX'est View Estates
Taclor Road Access — Secondary 548, MP 33)
This letter is in regards to the Taclor Road access, which is a now a city street, fi-Orn
Secondary 548 for West View Estates development.
A temporary approach permit was issued by the Montana Department of Transportation
(MD"'r) Cor this access in 2006 with the stipulation for turn lanes to be constructed in
conjunction with the Glacier High Schoolfor mitig tion of traffic impacts,
,,a i
MDT's Rescii.-e Loop construction project on Secondary 548 included all needed traffic
mitl(-,ation measures. Thus the access is acceptable and the developer has 110 other
required 'improvements regarding, this access.
Feel free to contact me if you have any questions.
,James M. Freyholtz, P.E.
Kalispell Area Traffic Engineer
(406) 751-2066
copies: File
Fhnne:.,!06!
FLATHEAD STATION
248 FIRST AVENUE WEST
KALISPELL MT 59901
November 20,2007
To Flathead County Planning Board:
Re: West View Estates Ph 3
To Whom It May Concern:
The above referenced project has been reviewed. A suitable location for mail delivery has been
established. Centralized boxes will be installed with a turnout 10 feet wide and 20 feet long for the carrier to
service and leave these boxes. This phase will be included in the area set aside for phases 1 and 2
The developer will be responsible for purchasing the CBUs. The Developer or homeowners
individually or collectively will be responsible to keep the roadway and area to the boxes clear of ice and
snow.
If you have any questions please feel free to call me at (406) 755-0187.
Sincerely yours:
Elden Marvel
Manager Customer Services
(406Y755-0187
FAx: (406)-755-0376
KALISPELL FIRE DEPARTMENT
Randy Brodehl — Fire Chief 312 First Avenue East
Dan Diehl — Assistant Chief/Operations Kalispell, Montana 59901
DC Haas — Assistant Chief/ Prevention (406) 758-7760
Tim Soule — Assistant Chief'Training FAX: (406) 758-7952
November 30, 2007
Owl Corporation
Attn: Lee Griswold
500 Palmer Drive
Kalispell, MT 59901
Re: Final plat approval —Westview Estates Phase III
Dear Mr. Griswold,
In response to your request for approval of the above -referenced project, our department
approves final plat for Westview Estates Phase 111, with the following information and
conditions:
• Fire hydrant locations and fire flows are approved by this department.
• Fire department access is approved.
• It is understood street name signs will be installed prior to combustible construction.
• It is understood one fire hydrant has yet to be fitted with a "storz" quick -connect
adapter, and this adapter will be installed as soon as possible.
Please contact me if you have any questions.
Sincerely,
10 -
F. Ray Ruffatto
Deputy Fire Marshal
xc: Tom Jentz, Kalispell Planning Office
Craig Kerzman, Kalispell Building Official
"Assisting our community in reducing, preventing, and mitigating emergencies. "
RE- Memorandum Letter of Understanding between the City of Kalispell and Owl
Corporation, owner and Developer of West View Estates, with Mark Owens as the
managing partner.
Date: July 2, 2007
It is understood and agreed to that as a benefit to both of the above referenced parties the
following conditions or actions will be undertaken:
I . Owl Corporation to sign an access agreement that is necessary for City of
Kalispell water system improvements, which are to be located within the
park area of West View Estates.
2. City Park Department to contact Bruce Lutz to get preliminary
neighborhood park design. Final design and completed cost estimate to be
agreed to by Parks Department and developer, and shall be completed by
July 31, 2007. Design to be paid for by Parks Department.
3. City Park will be constructed per attached ' final design by Bruce Lutz.
4. City to pay for completion of the restrooms with outside drinking fountain.
5. Restrooms and drinking fountain to be functional by July 15, 2008. Park is
to be rough graded and seeded by November 1, 2007.
6. A cash -in -lieu of parks fund for park development, which is being given
by Owl Corporation, will be used to fund park construction, but shall not
be used for bathrooms completion, as this will be a City responsibility.
7. A fund is to be set up by Owl Corporation and the City Parks Department
for the purposes of funding park construction. Which is in excess of the
cash -in -lieu previously mentioned. The monies for the fund are to be
added to the flind in eqqal amounts by each party as necessary for
construction. The fund will be administered jointly by a representative of
Owl Corporation and the Parks Department.
8. The park is to become a City owned and operated neighborhood park at
the time of final plat filing for Phase 3 of West View Estates. The park is
to be fully functional by August 1, 2008.
of Kalispe?:�� Date Owl Corporation Date
Mark Owens, Managing Partne r)
A I
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Date: 6-27-07
Rv5d: 7-03-07
Montana Department of
EMRONMENTAL QUALITY
kft--
P.O. Box 200901 - Helena, MT 59620-0901
November 17, 2005
Lee Griswold
WMW Engineering PC
5�0-W--2n1--S-t-----___
Whitefish MT 59937
Dear Mr Griswold:
Brian Schweitzer, Governor
. (406)444-2544 - www.deq.mt.gov
RE: West View Estates
Municipal Facilities Exclusion
EQ#06-1936
City of Kalispell
Flathead County
This is to certify that the infori-nation 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 {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.
This file has been mailed to the Public Water Supply Section, Kalispell Office for their review.
Sincerely, f
'—failet Skaarland
Conipliance Specialist
Subdivision Section
(406) 444-1801 — email jskaarland Lci.'�mt.g-ov
cc City Engineer
County Sanitarian
file
Enforcement Division - Permitting &Compliance Division - Planning, Prevention& Assistance Division - RemediationDivision
Montana Department of
EMRONMENTAL QUA TY Brian Schweitzer, Governor
109 Cooperative Way - Suite 105 - Kalispell, NIT 59901-2389 - (406) 755-8985 - FAX (406) 755-8977
Lee Griswold December 5, 2005
VRJW Engi-neering,PC
50 West Second Street
Whitefish, MT 59937
RE: Westview Estates Water & Sewer Extensions; EQ#06-1936
Dear Mr. Griswold:
Attached is a copy of the approved deviation request for the above project. Note that the approval
requires flowable fill to be used at the sewer and water line crossings identified 'in the request.
Sincerely,
a P.
En r en I eer PE
Public Water Supply Section
Public Water Supply and Subdivisions Bureau
cc: OWL Corporation
City of Kalispell PWD
Flathead County Sanitarian
File
Centralized Services Division - Enforcement Division - Permitting & Compliance Division - Planning, Prevention & Assistance Division . Remediation Division
O*tw
December I., 2005Y
No. RE: West View Estates Water & Sewer Extensions-, EQ#06-1936
To: Deviation Revi ew Co mmittee
From: Max Lauder, PWS
Subject: Requestfor Deviation, Cirefflar DEQ-2. Design Standards for Wastewater
Facilftl.es, 1. 999 -Edi.tion
S ecti o a 3 ) 8.3 2 Cros sin Ls
Change from:
Sewers crossing water mains must be laid with a minimum vertical distance of 18
inches (457 mm) between the outside of the water main and the outside of the sewer.
Change to:
Sewers crossing water mains mustbe laid with a minimum vertical distance of 6
inches (152 min) between the outside of the water main and the outside of the sewer.
Justification:
See attached information from the engineer.
.&pplicabilily: - Limited:
This deviation will be limited to the listed locations on the deviation request for West
View Estates W&S Extensions, EQ#06-1936.
Taeloi-.Road Ali Loop Lom'es Road
Station 3+12 Slation 2+80 Station 8+90
Station 7+99
Station 10-89
Station 21 -95
Station 22-07
Station 27--L30
Review Engineer's Recommendation: (Max Lauder)
I recommend approval of this request. The minimum conditions for these crossings
required in 38.32 subsections a. through f. will be complied with and are included on the
construction drawings.
I
Committee's Final Disposition
At i f h i)
DEVL,MON REQUEST
WEST VIEW ESTATES SUBDIVISON
The following is a request for a deviation from DEQ I Standard 9.6.3, Crossings. This
Z:)
standard states that water mains crossing sewers must be laid to provide a minimum
vertical distance of 18-inches between the outside of the water main and the outside of
the sewer,
The Justification for this deviation is as follows:
1. The sewer has been designed at minimum o-Tade thioughout the project. This was
necessary because of the relatively flat terTain and the depth of the exist�ig, sewer
to which the proposed sewer is to connect to. Raising the sewer is not an option,
for it might not have adequate depth in some locations. Lowering the sewer
would mean a sewage lift station would be required, and the City would not
accept one if there are other options.
2. The system as designed provides for a minimum separation of 6-inches between
water and sewer crossings, and there is generally 1-foot if not more. To lower the
waterline would place it at a depth of approximately 10 -feet, and the Kalispell
Public Works Department is not in favor of this idea unless absolutely nec-essary.
3. DEQ 2, Section 38.32, Crossings, allows for the separation of water and sewer of
a minimum of 6-inches if a deviation is granted, provided that the following
min�irnal conditions axe met:
a. Verde al separation at crossings between water and sewer mau'-Ls must beat
least 6-inches.
b. Sewer pipe must be PVC with nominal 20-foot lengths.
c. At crossings, one- standard length of new pipe must be centered at
approximately a 90-degree angle "in respect to the existing pipe.
d. The sewer must pass low-pressure air testirLa *in accordance with Ui-dBell
Recommended Practice U-�I-B-6-90.
e. Sewer sen?ices utilizing in -line fittings and extending to at least property
lines must be installed and tested v�ritl-�n 1 O-feet of the crossina. Saddles
are not acceptable.
f If the minimum separation is not viable, the waterline must be relocated,
and vertical separation at crossings between water and sewer mains must
be at least I 8-inches.
These conditions have been listed on the plans (Sheet 18, Construction Requirements,
Note 10).
Est DR Paae I of 2
GUARANTEE - (CLTA Form) Rev. 6/6/92
GUARANTEE
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, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO
GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY
NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT
OR PRIORITY OF ANY MATTER SHOWN THEREIN,
rt
title guaranty 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.
Countersigned b . Z
Authorized Sig #u re
Sterling Title Services
Company
Kalispell, MT 59901
City, State
rA�ewcqrf
titie guaranty company
Senior Chairman of the Boar8
LA 4 �W/' e (I � 01 W'.' /' �-
Chairman orthe bkard
i-resi6ent
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional
liability, or assurances other than as contained herein, please contact the company for further information as to the availablility and cost.
Gu.Oan'toe'e
Sena No. G1578- 67159
In writing the Company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number.
PLATTING CERTIFICATE
SCHEDULEA
Order No. CG-50090 Guarantee No..: G 1578-67159
Date of Guaraniee: May 7, 2009 at 5:00 P.M.
Liability: $5,000.00 Premium: $150.00
A. Assurances:
1. Description of the land:
A tract of land, situated, lying, and being in the West Half of the Southwest Quarter (WI/2SWI/4) of
Section 25, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana, and more
particularly described as follows:
Commencing at the SW comer of the SWV4of Section 25, Township 29 North, Range 22 West, P.M.'M.'
Flathead County, Montana; thence along the West boundary of said SWV4
North 00'06'41 " West, a distance of 1697.69 feet; thence
North 89'59'11" East along the South boundary of Lot 33 of the plat of West View Estates, Phase 2,
(records of Flathead County, Montana), a distance of 195.00 feet to the centerline of Lorries Road;
thence along said centerline
South 00'06'41 " East, a distance of 25 feet; thence along the South boundary of Lot 81 and 82 of said
West View Estates, Phase 2
North 89'59'11" East, a distance of 145.00 feet to a point and the True Point of Beginning of the tract of
land herein described; thence along the South and West boundary of said West View Estates Phase 2
North 89'59'11 " East, a distance of 491.06 feet to a point; thence
South 74'54'3 1 " East, a distance of 65.08 feet to a point; thence
South 56'27'06" East, a distance of 71.85 feet to a point; thence
South 36'12'40" East, a distance of 72.24 feet to a point; thence
South 18044'49" East, a distance of 64.87 feet to a point; thence
South 00000'23" West, a distance of 481.93 feet to the centerline of Ali Loop; thence along said
centerline
North 89'5 9'11 " East, a distance of 25.18 feet; thence leaving said centerline
South 00'06'40"
East, a distance of 145.00 feet to a point; thence leaving said West boundary
South 89'59'11 "
West, a distance of 529.39 feet to a point; thence
North 7 1'46'59"
West, a distance of 69.95 feet to a point; thence
North 51017'20"
West, a distance of 69.95 feet to a point; thence
North 33'03'33"
West, a distance of 69.95 feet to a point; thence
North 10043'48"
West, a distance of 69.54 feet to a point; thence
North 00006'40"
West, a distance of 610.74 feet to the Point of Beginning.
2. Name of Proposed Subdivision Plat or Condominium Map:
WEST VIEW ESTATES, PHASE 3
3. That the only hereafter named parties appear to have an interest showing in the public records
affecting the land necessitating their execution of the named proposed plat or map are as
follows:
Owl Corporation,
A Montana Corporation
Page 2 Certificate No.: G 1578-67159
Our File No.: CG-50090
Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections
whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or
inheritance, or assessments of whatever nature), or encumbrances; and all other matters
whatsoever affecting said premises, or the estate, right, title, or interest of the record owners,
which now do exist of record.
1. Property taxes for the second half of the year 2008.
2. Property taxes, including any assessments collected with the taxes, for the year 2009.
Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency, which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by public record.
4. Any facts, rights, interest or claims which are not shown by the public records but which
could be ascertained by an inspection of the land or by making inquiry of persons in
possession thereof
5. Easements, liens or encumbrances, or claims thereof, which are not shown by the public
records.
6. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by the public records.
7. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
8. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
'in the public records, or attaching subsequent to the effective date hereof but prior to the date
the proposed Insured acquires for value of record the estate or interest or mortgage thereon
covered by this Commitment.
County road rights -of -way, not recorded and indexed as a conveyance of record in the office
of the Clerk and Recorder pursuant 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.
10. Any right, title or interest to water rights, claims or title to water. Any reservations or
exceptions in patents.
11. Reservations in Patents or the acts authorizing the issuance thereof.
Page 3 Certificate No.: G 1578-67159
Our File No.: CG-50090
12. Mineral rights, claims or title to minerals in or under said land, including but not limited to
metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easements or other
rights relating thereto, whether express or implied, recorded or unrecorded.
13. Notice of Appropriation of Water recorded January 31, 1950 under Recorder's Fee #419, in
Book 311, page 6, records of Flathead County, Montana.
14. Authorization To Change Appropriation Water Right recorded October 6, 1982 under
Recorder's Fee #14802, in Book 750, page 288, records of Flathead County, Montana.
15. Easement for gas pipe line and related purposes granted Montana Power Company, recorded
May 27, 1993 as Document #9314710570, records of Flathead County, Montana.
16. A non-exclusive casement for existing irrigation lines and equipment, and terms and
provisions contained therein, granted in instrument recorded April 17, 2001 as Document
#200110716100 and reserved in instruments recorded April 17, 2001 as Document
#200110716130 and May 9, 2001 as Document #200112916450, records of Flathead County,
Montana.
17. A 20 foot non-exclusive permanent easement for irrigation pipeline and related purposes,
granted in instrument recorded April 17, 2001 as Document #200110716110 and reserved in
instruments recorded April 17, 2001 as Document #200110716130 and May 9, 2001 as
Document 4200112916450, records of Flathead County, Montana.
18. Terms and provisions contained in Agreement, regarding possession, farming, co -listing and
water system, recorded April 17, 2001 as Document #200110716120, and agreement
clarifying co -listing clause, recorded June 4, 2004 as Document #200415612330, records of
Flathead County, Montana.
19. Terms and provisions contained in Road Maintenance Agreement, recorded January 23, 2002
as Document #2002023 16410, records of Flathead County, Montana.
20. Terms and provisions contained in Resolution No. 4785, regarding annexation to the City of
Kalispell, Montana and zoning, recorded June 9, 2003 as Document #200316011000, records
of Flathead County, Montana.
21. Petition to annex and notice of withdrawal from rural fire district, recorded June 9, 2003 as
Document #200316011010, records of Flathead County, Montana.
22. Terms and provisions contained in Latecomers Agreement For Reimbursement For
Municipal Water And Sewer System Extensions, recorded May 5, 2006 as Document
#200612509030, records of Flathead County, Montana.
Page 4 Certificate No.: G 1578-67159
Our File No.: CG-50090
23. Terms and provisions contained in Resolution No. 5129B, regarding amendment to the
Kalispell Growth Policy 2020 to be known as the Highway 93 North Growth Policy
Amendment, recorded August 11, 2006 as Document #200622308320, records of Flathead
County, Montana.
24. Terms and provisions contained in Resolution No. 5167, regarding zoning and annexation to
the City of Kalispell, Montana, recorded December 18, 2006 as Document #200635215490,
records of Flathead County, Montana.
25. Petition to annex and notice of withdrawal from rural fire district, recorded December 18,
2006 as Document #200635215500, records of Flathead County, Montana.
26. A 10 foot utility casement, as shown on the plat of West View Estates, Phase 2 and the
unrecorded plat of West View Estates, Phase 3.
27. Utility easement certificate, as shown on the unrecorded plat of West View Estates, Phase 3.
28. Sixty foot city streets, utility/drainage easements, utility easements, sub -surface drainage
easements, as shown on the unrecorded plat of West View Estates, Phase 3.
29. A 100 foot well isolation zone, well and a 15 foot walkway/utility & drainage easement, as
shown on the unrecorded plat of West View Estates, Phase 3.
30. No search has been made for water rights and unpatented mining claims, and liability
thereon is excluded from coverage of this Certificate.
11—y-- -1y U1JPJ1WPJ1-tU —LIVII U11UU1 MU LV111110 V1 U110 %AUCEIalitur" MIUMV1 V1 I IVL
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 5(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
judgement 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.
6. Proof of Loss or Damage - In addition to and after the notices required under
Section 3 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 judgement 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.
7. 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
10. Reduction of Liability or Termination of Liability - All payments under this
Guarantee, except payments made for costs, attorneys' fees and expenses
pursuant to Paragraph 5 shall reduce the amount of liability pro tanto.
M���
(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.
12. 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.
13. 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 aftorneys'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. Judgement 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 A
copy of the Rules may be obtained from the Company upon request.
14. 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
15. 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 P.O. Box 2029
Houston, Texas 77252-2029.
am
ail
—title guaranty company
BY: Sands
FOR: Mark Owens
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
I
upacztKy 511,yloy
DATE: 11/21/2007
DESCP : West View Estates Ph 3 ( Tr 5 in PURPOSE: Plat
25-29-22)
YEARS ASSESSOR#
2003 thru 2007 0417700
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 nu L A A
J 4 U �� a'l'
Deputy Treasurer
(seal)
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72 74
75 76 79
73
77
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61
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f 55
59
49 48 47 44
43
37 33 39 40 47
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tAST
29
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is
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VICDMMAP
PRELIMINARY PLAT - WEST VIEW ESTATES
A 58 ACRE RESIDENTIAL SUBDIVISION
WITH 127 SINGLE FAMILY RESIDENTIAL LOTS
P'�
[A
(1) 10 ACRE MULTI —FAMILY / TOWNHOUSE LOT
CITY OF KALISPELL ZONING JURISDICTION
T
OWL CORPORATION
MW DAM S/Z/M
IIjE# KP'0-02—/-� Scale 1" — 600' ff.-\0s\*"\kppQl_"Aft
FT I
By. SANDS SU""M, &a Pla t Of
2 Mme LOOP
Kaffspen, Mr 69M JV
(408) ?W-84M WES T VIE W ES TA TES, PHA SE 3
JOB M. 2IM44 (20MOLDWO) A Subdivision Located In
DATE. NORUM 12, 2007
MR. MAW O*7M W112SWI14 Sec. 25, T.29N., R.22W., P.M.,M., Flathead County, Montana
OWNM OWL Cow"Olu"M
50' 2S' 0 W,
West View Estates Phase 2
tAL Lot as 11-t 64 MA 0 1p� its
AVM7119 4N.00,
2&00
141"
Ad
jargage
W a879
agu
0.3"
87 "Be 2D J�14
R II so 0..%6
(E--b -1 2 116 tAt ISO 96 az24
X 06 at 0.2ae
Q�D 7. 92 0.2=
a 98 0.9m
ad, &-mall 93 0.2m
A. 00) 54,: 1146
9 L-A 1 4 am
I -am' I, &-am' pa a=
1-61 -, a
,e, mat. 98 0.238
301,41111111F Small 07 0.222
As&s4 41041m, A w, 99 O.=
46, t.%041 F1,901 100 0.=
w too
40 lot 0.08
at, R-MdW .40,034-
Rfidm� L- Muraw.1 4 (7.239
-- ---- ANA aws0`11'r malt?" 11115 0.241
'Aa Yt -Nor- lid 0.234
117 0.2m
1
Ila 0 �241
L Lv Z-4raw &-or= to
ail L tromik' 20 0.240
I -saw, .40,
A-PAt's, Ez. S-; 121 0238
OR) 9! to, 123 0.239
124 0.239
Alloo, '41 126 a239
Alm, RAW, lad 0.9"
UIV Tat.] 7931
T' Adam, p"* Jun
2.00
row
U142
A
24
Zo-
7m`ia'
r Mw law
N, A QJ
9 It*
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tal-arl law
p"k
120 too
LOW,"
241,
omn!*V,� olaw, 9BOW�4'W Atom'
94
lag
dwaw -I
C.D J21
0 Lm
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aJAUW1
R-Stsm,
A-ftlad A -am,
smah Ah Loop
(AG, all,
As' L-Um,
ftm.
x-olm,
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go J00 Im Joe
(9>
N, (11"AD I I "
-49 &RE 0, SE mo mm -,E� m maw Ma --A
35 38
CERTMICIT'l Or DOPC)LTION
We. THE UNISEWOM PROPEM OWN9131 Do MRM CxRrtry TNAT at HITE CAUSIM TO 01 XU=E= AMD
PLATTRD INTO LOTS AM TM rOU4WM DRISCRIBN POOMff AS MMM N TU CM== OF
OWICITION. AM BUMM 13Y TNK ANNE001) PUT OR MAP AM NIMM IN fUTHRAII MUM, MONTXNX-
A TRACT Or LAM. 3=0111. LYWO ANSI 0CM IN THE W= HALF Or TKE SWJMWM 4UARTSOR Or sterzov 25,
TOWNSW n NORF" , RAKOK AM SPOT. PALM. FLATURAD COUNTY, MONUft A" WORK PIRTICIIIARLY =3DR1911)
As FOIZOVS TO W.
00-dof At Lha �thIt - at th4 BaoLLhWmt Quadw of Soattax 25. TOWMW 22 Nartk R.40 92
W-t, PJLJL, YlAthad C.-* Mcabloa Wh ft A to." Atimt.- CW. Th- Laagllt�: -L b-d-7 at
.Ald B11t/4 NWOW41'W 1097 ' 69 rmt; ThAILA4 "WISOU'R 410.4 Lb. -01.11 boUndR17 of [At 33 of UA pM 61
Wall. Tl� Utatea, Phase 2, ( - a nth." C.Uty. MatanaL l9&OG ka to tb. -t-11- At E-1.
P_d, Th.- .1-1 ..td tfll.. SwOr"'g 25 ht Tb- Laag th. -th boundary ad Im. 81 A" 82
At -m Y--t viw KASAI- ph- x Nnar 1 .00 A I
z8CR1 ' So A - I'- ===r
BEGINNING OF TUR TRACT OF LIND MIM D c): Th- &0" th. a said
W.L V` 9.tt- Pb.- 2 ffw�54'lt'r 4ft.06 E..t to A OlLad U- PSI,; 7k- 2174114�111 4111.011 Gt to A
(_4 I- pla� Th.- 35MU"S 71.1011 t..t to . WIr4O`Z 72-24 t-k 9. . Nuad
"O.Z t_A, =or.
T=T=.2
kal Th- SIV4 U.St 411N, %a St � tb.
AU ""; TIL.- Una �U -tat-1144 NIIrAQ,IL*z R&IG (-,k Th.- &-in _IJ AAAA-ft- 9OW"'40'9
t4a.00 teeL to t taund Stan piu� Tt Ita" ad ~ MWIMI'LL"If SM.M het to a wt. Irm
0.; th-. N7L 4W&FIF 69.25 r"t t* a _t _ PLO; 12- Nat'l 09 ' INS UK to . _' I- POW. Th.-
NWOT 33 '% SO." ft t . A . a h- p1n; Th- RIO-0-411-K ".64 F.S. to a -t troo, pkm Th.-
NOO�N'40-11 U0.74 feat to U. 1%.at bftlzalag Ad ocattle3alag ISA42 hC2ft Sbj-t to " L.&&J- Uh
.11 pp-to-t .ft at =
THE ABOVE DESCRIBES) TRACT Or LAND SHAU HEREAFTER 09 KNOWN AS: WM VIEW =X= PRIM 3
LMUTY EASEMENT CMWLCATE
%. .d-.4Vd b..by _� -k And -Y P� rll� w ewpwaLlow. whetlwr OU1,110 or prhwLt,
p-,WJ.g al, &Nring to = ZIA
LR�:t , = = abI. tel-bloa. -t-
W-V=
a -doe W th* tp =La, the r0W I WAIt� �=I
Aad -I A IS- Z -r, AaW&..td
&A 'LITTLITY WERINT' to have And to tiold f-
Th. d-y. ..d P-k - dd1cld I. th. Ctty of rdl"U to-
0,1 CarpoU..
BTATE OF MONTANA
COUNTY Or FUTUEAD
0. thi. - dy at - 20D- bt- lfab�y ftbki. f- th. Stat.
of M-boo.4 pl-nlly ppmred
And !:a- I. .. to b. Lh. p-.(.) �b_ Are wb-Lb" to the foregoing L-U-cat And
�kn ledgd to loa Lht tba, -Led tbm
aatfgj�blla l"" th. SIAS* at Mmt&"
Rest at
my
CERrIFIGNIT OF CITY COUNCIL.
S-, _U,
PIA!, b- Ud gar
d by U- to coah- to Its. I-, ad - pp by
.. CRY w CIL at SAUrpatirSaat Us rvtuLr a-d" 6&W oo Lba_ day of
L_ " -a-7, Aad P_,� a.- b- - h-b7 -ptad b, 11- CK, at
K4IWpdL
CL_k of UIL"All. Volat-
L,Ift
hr.y.r .1 KWUPAIL M-LAAA
comr-M OF CM ATTORM
Tb. plat has bititu tzalotkood by tha Mm I th. A" atta-y of K.Upell, "-dlas ta 3..U-
76-3-812 (2) 10tA_ " 161Y1.9 P- WA. U.PAA Mo. Aad
.pp.r.d h-d - 1. (--U- -botittm by th. d-Ap- eadjax I" geat.
OM- 11
11 - =�=Lly f
dAta by
LEGEND:
0 Set 11Zja4'Rcbwr & Cap (?9753)
39 Set IAW4' Rablir & Cap (7975s)
c�F.md IIVRebar by 7975-S
Stmel Add -
CERTIFICATE OF SVRVEYOR
THOMAS E. SANDS 7975S
APPROVED: -,2oo-
MMINDIV LAND SURVEYOR
REG. Ar.. 5428S
STArX OF ArOATANA ss
COUNTY OF PU77MD ))
Fff,&O ON THE - DAY OF _ 200-
AT-, PAW FEE-
VL67ZK & RECORDER
BY
DFPVTY
LNSTRI)ME" REC. N..
SHEET I OF I SHEETS
FILE Aro