2. Final Plat - Minor Subdivision Plat #117REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
SUBJECT Final Plat for the Resubdivision of lot I of the minor subdivision plat # 117
MEETING DATE: January 18, 2010
BACKGROUND: This is a request for final plat approval for the Resubdivision of lot 1 of the minor
subdivision plat #117. The subdivision is 4 acres in size and is located on both the east and west
sides of Denver Avenue at 60 Denver Avenue. The subdivision site is zoned R-3, Urban Single
Family Residential, with a PUD, Planned Unit Development, overlay zoning district. The
subdivision will create 7 residential lots and was approved on February 5, 2007 by the Kalispell City
Council subject to 25 conditions.
The majority of site improvements have been completed. A Subdivision Improvement Agreement
(SIA) has been submitted for the completion of a sidewalk, curbs, gutters, and boulevard landscaping
on the east side of Deaver Avenue. The SIA also includes the installation of one additional hydrant
at the corner of Mile High Court and Denver Avenue. The cost to complete all of the items listed in
the SIA is $41,490.45. A property escrow agreement will be drafted by the city attorney and signed
by the applicant to guarantee the improvements in the SIA will be installed. The improvements are to
be completed by June 21, 2012.
RECOMMENDATION: A motion to approve the final plat for the Resubdivision of lot 1 of the or
subdivision plat # 117 and to accept the Subdivision Improvements Agreement would be in order.
FISCAL EFFECTS: Manor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submi
Sean Conrad
Senior Planner
Report compiled: January 10, 2011
c: Theresa white, Kalispell City Clerk
Jane Howington
City Manager
I 1/
To: Mayor Tarxa.mi Fisher
and Kalispell City Council
FROM: Charles Harball, City Attorney
SUBJECT: Final Plat for the Resubdivision of lot i. of the minor subdivision plat
#117
ETDATE: January 18, 2011 - Regular Council Meeting
RECOMMENDATION: A subdivision improvement agreement has been negotiated between
the City and the landowner in this matter for the $41,490 of public improvements that still need
to be installed. The landowner asked that the City give consideration to it by allowing a. lien to
be placed upon the property for the amount of the outstanding costs of infrastructure in lieu of a
bond or letter of credit. Given the community service work done by the landowner and its limited
budget, the City staff is recommending that the Council consider approving this request. If the
Council determines to give such approval it should make the following motion.
That the flnal plat of the subdivision be approved on the condition that r
landowner
erive sufficient security on the performance of subdivision improvement agreement that
may be ;/`. bond, letter of credit or by placing a lien upon all of e property
wirmn the subdivision in favor of the City, in a form acceptable the City, in the
amount of $41,490.45.
Respectfully submitted,
3 Y
Charles Harball, City Attorney
Re: Final Plat for the Resubdivision of lot 1 of the minor subdivision plat # 117
Dear Jane:
This is a request for final plat approval for the Resubdivision of lot 1 of the minor subdivision plat
#117. The subdivision is 4 acres in size and is located on both the east and west sides of Denver
Avenue at 60 Denver Avenue. The 4 acre subdivision site is zoned R--3, Urban Single Family
Residential, with a PUD, Planned Unit Development, overlay zoning district. The subdivision will
create 7 residential lots and was approved on February 5, 2007 by the Kalispell City Council subject
to 25 conditions.
The majority of site improvements have been completed. A Subdivision Improvement Agreement
(SIA) has been submitted for the completion of a sidewalk, curbs, gutters, and boulevard landscaping
on the east side of Denver Avenue. The SIA also includes the installation of one additional hydrant
at the corner of Mile High Court and Denver Avenue. The cost to complete all of the items listed in
the SIA is $411490.45. A property escrow agreement will be drafted by the city attorney and signed
by the applicant to guarantee the improvements in the SIA will be installed. The improvements are to
be completed by June 21, 2012.
COMPLIANCE WITH CONDITIONS OF APPROVAL:
PUD Conditions
Condition I. The Planned Unit Development allows the following deviations from the Kalispell
Subdivision Regulations and the Kalispell Zoning Ordinance:
A. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks), requiring sidewalks on
both sides of the access roadway into the subdivision up until the required "T" turnaround
for the fire department. Striping shall be used across the turnaround area showing the
pedestrian travel way. ADA access ramps shall be utilized in the overall design of the
sidewalks within the subdivision.
This condition is met. The striping has been included in the SIA.
B. Kalispell ,honing Ordinance, Section 27.06.040 (1) a minimum lot size of approximately
5,630 square feet for lot 6 and 6,643 square feet for lot 5.
This condition is met.
Condition 2. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
This condition is met. Over two-thirds of the necessary infrastructure for the subdivision has
been installed. Items in the SIA include curb, gutter, sidewalk and boulevard trees for the east
side of Denver Avenue.
Condition 3. That a development agreement be drafted by the Kalispell City Attorney between the
City of Kalispell and the developer outlining and formalizing the terns, conditions and
provisions of approval. The final plan as approved, together with the conditions and
restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the
site.
This condition is met. A development agreement has been signed by the Violence Free Crisis
Center and the city manager.
Subdivision Conditions
General Conditions:
Condition 4. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
associated with the preliminary plat as approved by the city council. (Kalispell Subdivision
Regulations, Appendix C — Final Plat)
This condition is met. The final plat has been prepared in general compliance with the
preliminary plat approved in February of 2007.
Condition. 5. The preliminary plat approval shall be valid for a period of three years from the date of
approval. (Kalispell Subdivision Regulations, Section 2.04).
This condition is met. The final plat has been submitted prior to the expiration date of February
5, 2011.
Prior to final plat:
Condition 6. New infrastructure rewired to serve the subdivision shall be designed and constructed
in accordance with the City of Kalispell's Standards for Design and Construction and
Montana Public works Standards; and shall be certified in writing by an engineer licensed in
the State of Montana. All design work shall be reviewed and approved in writing by the
Kalispell Public works Department prior to construction. This infrastructure shall include but
0
not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
In addition to the new City street within the subdivision Denver Avenue, as it fronts the
subdivision, shall be improved to the City of Kalispell's Standards for Design and
Construction and Montana Public works Standards. (Kalispell Design and Construction
Standards)
This condition is met. A memo from. the Public works Department dated January 7, 2011
approves the construction plans and specifications for the subdivision. The SIA includes the cost
of repairing a sidewalk ramp and installing the curb, gutter, sidewalks and asphalt on the east side
of Denver Avenue.
Condition 7. water and sewer main extensions shall be designed and constructed in accordance with
the City of Kalispell's Standards for Design and Construction and Montana Public works
Standards. The water and sewer main extension plans shall be reviewed and approved by the
Kalispell Public works Department. Prior to final plat, a certification shall be submitted to
the Public works Department stating that the water and sewer mains have been built as
designed and approved. (Kalispell Design and Construction Standards)
This condition is met. A letter from Bret Birk, P.B., dated April 27, 2010, states that the
improvements for the subdivision have been completed in substantial conformance with the
approved plans and specifications.
Condition 8. The developer shall submit to the Kalispell Public works Department for review and
approval a stormwater report and 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 drainage plan for the
subdivision has been installed as designed and approved. (Kalispell Design and Construction
Standards)
This condition is met. An email from the Public works Department dated January 7, 2011
approves the construction plans and specifications for the subdivision which includes the storm
water collection and disposal. A letter from Bret Birk, P.E., dated April 275 2010, states that the
improvements for the subdivision have been completed in substantial conformance with the
approved plans and specifications.
Condition 9. The developer shall submit to the Kalispell Public works Department prior to
construction an erosion/sediment control plan for review and approval and a copy of all
documents submitted to Montana Department of Environmental Quality for the General
Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design
and Construction Standards)
This condition is met.
Condition 10. A letter from the Kalispell Public works Department shall be submitted stating that
all new infrastructure has been accepted by the City of Kalispell or a proper bond has been
accepted for unfinished work. (Kalispell Design and Construction Standards)
3
This condition is met. An email from the Public works Department dated January 7, 2011
accepts all new infrastructure in the subdivision. A subdivision improvement agreement has been
submitted for the comp let io n of the remainder of public infrastructure.
Condition 11. The following requirements shall be met per the Kalispell Fire Department and so
certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20).
a. water mains designed to provide nninirnurn fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2003) Appendix B.
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) Chapter 5.
d.. It shall be noted on the face of the plat that hazardous geed abatement shall be provided in
accordance with City of Kalispell ordinance 10- 8.
e. Street naming shall be approved by the fire department.
f Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a
fire lane.
This condition is met. An email from. the Fire Chief, Dan Diehl, dated October 11, 2010 states
that the above conditions have been met. The cost of installing a new hydrant and turning the
existing hydrant on the site has been included in the SIA.
Condition 12. The decking associated with the building on lot 4 shall be brought into compliance
with regards to setbacks. (Findings of Fact, Section G)
This condition is 'net. The decking has been removed.
Condition 13. All buildings on the preliminary plat designated as being removed shall be removed
as well as the associated foundations. (Preliminary Plat)
This condition is met.
Condition 14. A letter shall be obtained from the Kalispell Parrs and Recreation Director approving
a landscape plan for the placement of trees and landscaping materials within the landscape
boulevards of the streets serving the subdivision. The approved landscape plan shall be
implemented or a cash in lieu payment for installation of the street trees and groundcover
provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision
Regulations, Section 3.11).
This condition is met. An email from Chad Fincher, Kalispell Parrs Superintendent, dated
January 6, 2011, approves the boulevard landscaping plans for the street. The applicant has paid
for 14 street trees to be installed along the west side of Denver Avenue and on both sides of Mile
High Court. The SIA includes the cost of installing 11 street trees on the east side of Denver
Avenue.
►•l
Condition 15. The area designated on the plat as "park" shall be dedicated to the City of Kalispell.
(Findings of Fact, Section. D, Parks and open Space)
This condition is met. The final plat dedicates the land east of Denver Avenue as parkland to the
city.
Condition 16. The following note shall be placed on the final plat: "Property owner(s) are
responsible for the boulevard strip for the length of their property boundaries.
Responsibilities include watering and mowing of the grass within the boulevard. Removal of
grass or trees within the boulevard and placement of any other kind of materials is prohibited
unless approved by the Kalispell Department of Parks and Recreation."
This condition is met. The note is included on the final plat.
Condition 17. The following note shall be placed on the final plat: "Property owner(s) shall waive
their right to protest the creation of a special improvement district for road upgrades to
Denver Avenue." (Findings of Fact, Section D, Roads)
This condition is met. The note is included on the final plat.
Condition 18. 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. A letter shall
be obtained from the Kalispell Public works Department stating the naming and addressing
on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations,
Section 3.09)
This condition is met. An email from the Public works Department dated January 7, 2011
provides approval of the naming and street signs within the subdivision.
Condition 19. An easement shall be dedicated to the City of Kalispell on lot 7 large enough to
accommodate an approved turnaround for emergency vehicles. (Findings of Fact, Section D,
Roads)
This condition is met. The turnaround is being dedicated to the city for maintenance. An
additional 5-foot easement around the perimeter of the turnaround is shown on the final plat to
provide for snow storage and allow for maintenance and repair of the street.
Condition 20. All existing and proposed easements shall be indicated on the face of the final plat.
Utility easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public works
Department shall be obtained stating that the required easements are being shown on the final
plat. (Kalispell Subdivision Regulations, Section 3.18)
This condition is met. All existing and proposed easements are indicated on the face of the final plat.
G
Condition 21. Prior to filing the final plat a letter from. the US Postal Service shall be included
stating the Service has reviewed and approved of the design and location of the mail delivery
site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the
mail delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations,
Section 3.22)
This condition is net. A letter from. Chad Taylor of the US Postal Service states that the USPS
has approved the mailbox to cat ion for mail delivery. The S IA includes the cost of the pad and
mail box for the subdivision.
Condition 2. Street lighting shall be located within the subdivision and shall have a full cutoff lens
so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision
Regulations Section 3.09(L))
This condition is met. Street lighting has been installed by Flathead Electric with fall cutoff
lenses.
Condition 23. The fo llo wing statement shall appear on the final plat: "The undersigned hereby grants
unto each and every person, firm or corporation, whether public or private, providing or offering
to provide telephone, telegraph, electric pourer, gas, cable television, water or sewer service to
the public, the right to the joint use of an easement for the construction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on this
plat as "Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
This condition is met. The note is included on the final plat.
On going conditions:
Condition 24. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
0 This condition is met.
Condition 25. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
e This condition is met.
The final plat is in substantial compliance with the preliminary plat which was submitted and
approved.
Cl
This subdivision plat has been found to be in substantial compliance with the State and City
Subdivision Regulations. All taxes are current.
This subdivision complies with the Kalispell ,Zoning ordinance and the R-31PUD zoning designation.
IFA
All of the conditions of preliminary plat approval have been adequately addressed. The staff
reconixnends that the Kalispell City Council approve the final plat for this subdivision. Please
schedule this matter for the January 18, 2011 city council agenda. You may call me at 758-7940 if I
can be of assistance to you regarding this matter.
S incerely,
Sean Conrad
Senior Planner
Attachments: 2 reproducible Mylar of final plat
11 x 17" copy of plat
Final plat application dated 10I1 f 10
Letter from. Montana Mapping Associates addressing each of the conditions
Memo from Public Works dated 117111
Email from the Fare Department dated 10/11/10
Email from. Parrs and Recreation Dept. dated 116111
Letter from. LISPS
Letter from Flathead Electric Cooperative dated 1211 6I10
Letter from Brett Birk dated 4I27110
Treasurer's certification dated 8/25/10
MDEQ Exemption dated 718108
Subdivision Improvement Agreement dated 12/21 /10
First American title report # 349297-CT dated 113111
Consent to Plat letter from Glacier Bank
Consent to Plat letter from. Whitefish Credit Union
c: Theresa White, Kalispell City Clerk
Violence Free Crisis Line, Attn: Janet Cahill, Po Box 1401, Kalispell, MT 59903
Montana dapping Associates, 285 First Avenue EN, Kalispell, MT 59901
N
Page 26 - Appendix
Return to:
Theresa white
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
-i _
THIS AGREEMENT, made and entered into this Jk day of � , 20 � �k , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
CUL
(Name of Developer)
aI.
(Individual, Company or Corporation)
located at Lc ;
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER..
wITNESSETH:
T WHEREAS, the Devel per is the owner and developer of a new subdivision known as
r
� . � - �' s ! � (Name of Subdivision)
` g �
located at
(Location of Subdivision) and,
VIEREA.S, the City has conditioned it's approval of the final plat -2of
��° - t - ( , 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 estimated total cost of construction of said improvements as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sung of
$----
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
Subdivision Improvement Agreement Appendix E -- Page 27
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 $ + �-4 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 guarantees funds in the sum of $' s the estimated cost of
c omp I eting the re quired improvement s
in - -k if1 /,
S i7 i.iri. i ' A
(Name 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 up to the limited of credit stated in the
letter;
2. That said required improvements shall be fully completed by ffi ... 20
_a.
3. 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 minimum standards specified by the City for
their construction and that the Developer warrants said improvements against any and all defects
for a period of two (2) years from the date of acceptance of the completion of those
improvements by the City;
c. That the Developer Mows 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 the 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.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, To -WIT:
That the Developer shall provide for inspection of all required improvements by a registered professional
engineer before the Developer shall be released from the Subdivision Improvement Agreement.
That if the City detenmines that any improvements are not constructed in compliance with the
specifications, it shallfurnish 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
Page 28 - Appendix
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.
(Name ofSubdivisior /Developer/Firm)
by;. A --------------- , C
(Title)
STATE OF MONTANA
COUNTY OF 7--41
On this day of , 20LO before me, a Notary Public for the State
of Montana, ersonally appeared IJ � /,-,I em &L , known to me to be the
. of �---4� ,chose name is subscribed to
the foregoing instrument and acknowledged to me that he/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 Public for the State of Montana
Printed Name it -If &lac 14,
Residing at
My Commission Expires
MAYOR., CITY OF KALISPELL
MAYOR
ATTEST:
CITY CLERK
M
N�a
MICHELLE M ANDERSON
NOTARY PUBLIC for the
SEAL
State of Montana
' ❑F-IMA
Residing of Kalispell, MT
My Commission Expires
October 26, 2011
Subdivision Improvement Agreement Appendix E -- Page 29
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
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
b-.j
Street Base
Sidewalks
Curbs and Gutters
Sanitary Sewers
Mains
Other
On -Site Sewage
Facilities
Water Systems
Mains
Other € }
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping/Boulevard trees
Other
4 0e_. £c,-
4
SUBTOTAL,
FEES ~--
TOTALS COSTS ;
TOTAL COLLATERAL (TOTALS COSTS X 125 )
Planning Department
201 V Avenue East
Kalispell, MT 59941
Phone: (406) 755-7940
Fax: (406) 755-7739
www.kalispell-com/planning
FINAL PLAT APPLICATION
Project /Subdivision Name: f C � w��t>��i p ✓�► e4 /0-{' I 0'k, dt(7 ��l(�� l "n
Contact Person:
10t mn It I- 1 0 Irl � FA
Address: �SSS ISM A'Ve, 19N
Y�a� is,o eJ I v1, T- s1 10 I
Phone No.: qQ6 - r)`JZ - 3539
Date of Preliminary Plat Approval:
Type of Subdivision: Residential Industrial
Total Number of Lots in Subdivision I �0+!S_
Land in Project (acres) L�_
Parkland (acres)
No. of Lots by Type:
Single Family
Duplex
Commercial
Condominium
Cash -in -Lieu $
Townhouse
Apartment
Industrial
Multi --Family
Owner & Mailing Address:
f a
0, &1 -4 114
C'
Ka,
55903
Commercial
Mobile Home Park
PUDOther
Exempt
Recreational Vehicle Park
Planned Unit Development
Other
Legal Description of the Property 98 cl� I X.1 't - ins 6 - I ESL' sce_.4- o &,:,:,rl qW
FILING FEE ATTACHED
Minor Subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with waiver of Preliminary Plat
Subdivision Improvements Agreement
$400 + $125/lot
$800 + $125/lot
$800 + $125/lot
$50
1
Attached
Not Applicable (1ViUST C�iEC OI��)
Health Department Certification (Original)
X_
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in --Lieu (Check attached)
Maintenance Agreement
Plats: 1 'opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
11X17 Copy 11X17 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 w * 11 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.
Owne 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
S. A tie to either an existing subdivision corner or a corner of the public land survey system.
December 20, 2010
City of Kalispell Planning Department
241 lst Avenue East
Kalispell, ITT 59901
Dear Sean,
Please find enclosed the Final Plat application for Abby House, staff report ##KPUD-06-
08 .
The PUD Conditions were met in the following ways:
1. The Planned Unit Development allows the following Deviations from the Kalispell
Subdivision Regulations and the Kalispell Zoning Ordinance:
a. Kalispell Subdivision Regulations, Section 3.111, A (Sidewalks), requiring
sidewalks on both sides of the access roadway into the subdivision up until
the required "T" turnaround for the fire department. Striping shall be used
across the turnaround area showing the pedestrian travel way. A D A access
ramps shall be utilized in the overall design of the sidewalks within the
subdivision.
b. Kalispell Zoning Ordinance, Section 27.06.040 (1) a minimum lot size of
approximately 5,630 Square feet for lot 6 and 6,643 square feet for lot 5.
The cost of crosswalk marking has been included in the completion bond.
2. A minimum of two-thirds of the necessary infrastructure for this subdivision shall
be completed prior to final plat submittal.
A minimum of two-thirds of the necessary infrastructure for this has been
completed.
3. That a development agreement be drafted by the Kalispell City Attorney between
the City of Kalispell and the developer outlining and formalizing the terms,
conditions and provisions of approval. The final plan as approved, together with the
conditions and restrictions imposed shall constitute the Planned Unit development
(PUD) Zoning for the site.
Please see attached Development agreement.
The Subdivision Conditions
General Conditions is
4. That the development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as well as any
additional conditions associated with the preliminary plat as approved by the city
council. (Kalispell Subdivision Regulations, appendix C- Final Plat)
The development of the site is in substantial compliance with the application
submitted, the site plan, materials and other specifications.
5. The preliminary plat approval shall be valid for a period of three years from the
dote of approval. (Kalispell Subdivision Regulations, Section 2.04)
The preliminary plat approval is still valid.
Prior to final plat=
b. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards: and shall be certified in writing
by an engineer licensed in the state of Montana. all design work shall be reviewed
and approved in writing by the Kalispell Public works Department prior to
construction. This infrastructure shall include but not be limited to streets, street
lighting, street signage, curb gutter, boulevard and sidewalks. In addition to the
new City street within the subdivision Denver avenue, as it fronts the subdivision,
shall be improved to the City of Kalispell's Standards for Design and Construction
and Montana Public works Standards. (Kalispell Design and Construction Standards)
All design work was provided to Kalispell Public works Department November 8,
2010. Cost of the additional improvements is included in the bond calculation.
7. Dater and sewer gain extensions shall be designed and constructed in accordance
with the City of Kalispel l's Standards for Design and Construction and Fontana
Public Works Standards. The water and sewer main extension plans shall be
reviewed and approved by the Kalispell Public Works Department. Prior to final Plat,
a certif ication shall be submitted to the Public Works Department stating that the
water and sewer mains have been built as designed and approved (Kalispell Design
and Construction Standards)
Certification was submitted to the Public Works Department stating that the
water and sewer mains have been built as designed and approved.
B. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and 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 drainage plan for the subdivision has been installed as designed and
approved. (Kalispell Design and Construction Standards)
The developer submitted to the Kalispell Public Works Department for review
and approval a storm water report and an engineered drainage plan that meets
the requirements of the current City standards for design and construction_ A
certification was submitted to the Public Works Department stating that the
drainage plan for the subdivision has been installed as designed and approved.
9. The developer shall submit to the Kalispell Public works Department prior to
construction and erosion/sediment control plan for review and approval and a copy of
all documents submitted to Montana Department of Environmental Quality for the
General Permit for Storm water discharge Associated with Construction Activities.
(Kalispell Design and Construction Standards)
The planned and ultimate area of disturbance were less than one acre and
therefore not subject to the DECK General Discharge Permit. information
submitted to the Kalispell Public darks Department prior to construction is
attached.
10. A letter from the Kalispell Public Works Department shall be submitted stating that
all new infrastructures has been accepted by the City of Kalispell or a proper bond
has been accepted for unfinished work. (Kalispell Design and Construction
Standards)
Attached is a maintenance bond letter.
11. The following requirements shall be met per the Kalispell Fire Department and So
certified in Writing by the Fire Department. (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) Appendix B.
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) Chapter 5.
d. It shall be noted on the face of the plat that hazardous weed abatement
shall be provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
f . Roadways between 26 feet to 32 feet wide shall be posted on one side of
the road as a f ire lane.
The cost of an additional hydrant has been included in the bond
calculation.
12. The decking associated with the building on lot 4 shall be brought into compliance
with regards to setbacks. (Findings of Fact, Section G)
The Decking has been brought into compliance with regards to setbacks.
13. All buildings on the preliminary plat designated as being removed as well as the
associated foundations. (Preliminary Plat)
All buildings have been removed.
14. A letter shall be obtained from the Kalispell Parks and Recreation Director
approving a landscape plan for the placement of trees and landscaping materials
within the landscape boulevards of the streets serving the subdivision. The
approved landscape plan shall be implemented or a cash -in -lieu payment for
installation of the street trees and groundcover provided to the Kalispell Parks and
Recreation Department. (Kalispell Subdivision Regulations, Section 3.11).
The applicant stated the landscape plan has been reviewed by Kalispell
Parks and Recreation Director and approved.
15. The area designated on the plat as "park" shall be dedicated to the City of Kalispell.
(Findings of Fact, Section D, Parks and Open Space)
The area designated on the plat as "park" has been dedicated to the City
of Kal ispel 1.
16. The following note shall be placed on the final plat: "Property owner(s) are
responsible of the boulevard strip for the length of their property boundaries.
Responsibilities include. watering and mowing of the grass within the boulevard.
Removal of grass or trees within the boulevard and placement of any other kind of
materials is prohibited unless approved by the Kalispell Department of Parks and
Recreation."
The following above statement is shown on the Final Plat.
17. The following note shall be placed on the final plat. "Property owner(s) shall waive
their right to protest the creation of a special improvement district for road
upgrades to Denver Avenue." (Findings of Fact, Section D, Roads)
The following above statement is shown on the Final Plat.
18. 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. A letter shall be obtained from the Kalispell Public Works Department
stating the naming and addressing on the final plat have been reviewed and
approved. (Kalispell Subdivision Regulations, Section 3.09)
The road is named and signed in accordance with the policies of Kalispell
Public Works Department and the Uniform Traffic Control Devices Manual.
19. An easement shall be dedicated to the City of Kalispell on lot 7 large enough to
accommodate an approved turnaround for emergency vehicles. (Findings of Fact,
Section D, Roads)
An Easement has been dedicated to the City of Kalispell on lot 7.
20. All existing and proposed easements shall be indicated on the face of the final plat.
Utility easements for City water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A letter from
the Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat. (Kalispell Subdivision Regulations,
Section 3.18)
All existing and proposed easements shall be indicated on the face of the
final plat. Kalispell public Works Department will be providing the city
planner with a letter of approval.
21. Prior to filing the final plat a letter from the US Postal Service shall be included
stating the Service has been reviewed and approved of the design and location of
the mail delivery site. The mail delivery site shall be installed or bonded for prior to
final plat. In addition, the mail delivery site and improvements shall also be included
in the preliminary and final engineering plans to be reviewed by the Public Works
Department. The mail delivery site shall not impact a sidewalk or proposed
boulevard area. (Kalispell Subdivision regulations, Section 3.22)
Several attempts were made to contact the US Postal Service with no
response so the mail delivery shall be post office boxes until a response
from the US Postal Service arrives. Please see attached copies of the
letters seat to the US Postal Service without response.
22. Street lighting shall be located within the subdivision and shall have n full cutoff
lends so that it does not intrude unnecessarily onto adjoining properties. (Kalispell
Subdivision Regulations Section 3.09 (L))
Please see attached letter to Mr. Carl Glimm from Flathead Electric.
23. The following statement shall appear on the final plat. "The undersigned here by
grants unto each and every person, fiat or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric power, gas, cable
television, water or sewer service to the public, the right to the joint use of an
easement for the construction, maintenance, repair, and removal of their lines and
other facilities, in, over, under, and across each area designated on this plat as
"Utility Easement" to have and to hold forever."
Developers Signature
(Kalispell subdivision Regulations, Section 3.13(L)}
Can going con itions:
24. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17)
All utilities are installed underground.
25. All areas disturbed during development shah be re -vegetated with a weed --free mix
immediately after development.
All areas disturbed during development have been re -vegetated with a
weed -free mix.
Montana Mapping Associates
2011st Avenue Bast, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831
www.kalispell.com
To: Sean Conrad, Senior Planner
Cc:
From: Paul E. Burnham, P.E., City Engineer _0�/
Re: Resubdivision of Lot 1 of Minor Subd. Plat #117, completion of PUD Conditions
Date: January 7, 2011
The developer of the referenced project appears to have met the PUD conditions as
outlined in Resolution No. 5177. The developer has constructed new infrastructure in
accordance with the city of Kalispell Standards for Design and Construction and
Montana Public Works Standards Specifications or has submitted a Subdivision
Improvement Agreement, which includes cost estimates to finish sub -standard and
incomplete improvements. The Public works Department has approved the
Subdivision Improvement Agreement.
The specific conditions, as they pertain to the Public Works Department, have been
met as listed below. All other conditions requiring Public Works Department review
have also been met.
1. Sidewalks have been constructed on both sides of the interior street. The
Subdivision Improvement Agreement covers the costs of installing the sidewalk on the
east side of Denver Avenue.
b. The Subdivision Improvement Agreement covers the costs of repairing the sub-
standard ADA ramp on the interior street and installing the curb, gutter and asphalt
on the east side of Denver Avenue.
7. Water and sewer mains have been constructed per applicable standards. The
Subdivision Improvement Agreement includes costs to adjust the existing hydrant and
to install an additional hydrant as required by the Kalispell Fire Department.
Sean Conrad
.r .... .. .. •.. ... ... ... � , . a... .-r. , ..,. t..r':.:..r�„�•�.::�::::,-f:,.::.:::i'.:"�.:.�;.•.; �:.:U'c. ��.i✓.: '.:r'la .;::�� 'r,,::z'Y..s':,. .:fi>..:.': ':`ii.:.. �;�...,
From:
Dan Diehl
Sent:
Monday, October 11, 2010 1:39 PiVI
To:
Sean Conrad
Subject:
subdivision
I revie►rved the subdivision off Denver. The turnaround is fine. A hydrant will need to be added or they can move the
hydrant the hydrant currently in the subdivision ❑ut to the main street preferably on the north side of the street. The
steamer port of the hydrant needs to be turned toward the street.
Sean Conrad
,. ...., ......z ..... < w .ni,._.....r..e �r u��w�-..,:.�:•.>::;:.;..:x::.:;.�µ;:t?r.:sa.sa-i;: .;.:a:�_.,. ..., �.-=. n;.��:s .,,::�.�,:.,.<:::r..:sarc �,.,:zn-,r s�.«�v.;.,...
From:
Chad Finoher
Sent:
Thursday, January 06, 2011 1:22 PM
To:
Sean Conrad
Cc:
Mike Baker
Subject:
Abby Subdivision
Sea n,
We have had a chance to review the SIA and the proposed tree planting sites for the Abby Subdivision. The amount of
$3,342.35 meets our requirements for trees, planting and the 3% administration fee our department requires. it should
be noted that this is for the trees on the east side of Denver Ave. This satisfies condition 14 of Resolution 5177. If you
need anything more regarding this subdivision, please feel free to contact me.
'brad -Fischer
Parks 5uperiutendenf, APRP, CPC
Kalispell Perks and Recreation
P.O. Box 1997
Kalispell, Nff 59905
(4 ) 758-7960 office
(406) 758-7719 lax
cl i n clierglcalispell.coxn
frees at 35, s,po .irig
LI,
- - - M
M'1.1_.
Sys
ELF PLANNING Ya._= . _ ° v v
To: Montana Mapping 1 Kalispell Planning Department
Concerning: Mile high Court
The LISPS has approved mailbox location for delivery at Mile High Court off of Denver
Avenue in Kalispell. The Developer will provide the pad and the mail box for the
location. Once Building has begun the developer will contact the LISPS and have the box
installed before delivery will begin.
If you have any questions please contact Chad Taylor at 406 755-6450.
.�p
Chad Taylor
Growth Management
Kalispell MPo
350 N. Meridian Rd
Kalispell, MT 59901
Flathead Electric Cooperative, Inc.
Kalispell Office,
2510 Highway 2 Last
Kalispell, MT 59941-2397
406-751-448 3
December 16, 2010
Carl Glimrn
5107 Ashley Lake Rd.
Kila, MT 59920
Dear Mr. Glim m :
Libby Office
121 West 4th Street
Libby, Mr1' 59923- ,1947
406-293-71.22
This letter is to verify that Flathead Electric Cooperative has been paid in full for and has
installed all wire and equipment for the Abbey House Extension off of Denver Avenue in
Kalispell. The project completion date was November I o'', 2010.
Please feel free to contact me with any additional questions.
Sincerely,
Andy Masa
Construction Engineering Supervisor
I
Locally Owned By Those We Serve
00hirk Engineering and Constructionp Inc.
2302 Hwy 2 East
Suite #9
1alis ell, MT 59941
Phone (406) 756-2323
Fax (406) 756-2324
Email birk@digisys.net
April 27, 2010
City of Kalispell
Public Works Department
PO Box 1997
Kalispell, ITT 59901
Subject: Resubdivision of Lot lof Minor Subdivision Number 117(Abbey House Extension)
Municipal facilities extensions and improvements for the above referenced subdivision have
been completed in substantial conformance with the approved plans and specifications. Pressure
and leak tests were conducted on water and sewer with satisfactory results. Test results and as -
built drawings are attached.
Please contact me if you have any questions or require any additional information.
Sin - ely
e
i
ret A. Bid; VB.
�
Plat Room
Flathead County,Montana
800 S. Main St.
:= !
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: MT MAPPING
FOR: VIOLENCE FREE CRISIS LINE DATE: 8125/10
DESCP : MINOR SUB NO 117 RESUB PURPOSE: RESUB
L1 (19-28-21)
YEARS ASSESSOR #
2066 THRU 2009
0667450
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.
& -4y'
41, v4aezzl
zHE�j eputy Tr asurer
� (seal)
/\ Q
t� 1\
P.O. Box 200901
Bret Birk
Birk Engineering
2302 Hwy 2 East
Kalispell MT 59901
Dear Mr Birk:
• Helena, MT 59620 -0901
July 08, 2008
Brian Schweitzer, Governor
• (406) 444-2544 o www.deq.mt.gov
RE: Resubdivision of Lot 1 of Minor Subdivision
Plat Number l I7(Abbey House Extension)
Nfunicipa.l Facilities Exclusion
EQ#08-3007
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), MCA}. Construction of grater 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 765 Chapter 4.
This file has been mailed to the Public water Supply Section, Kalispell office for review of the extensions.
Sincerely,
Janet Skaarland
Compliance Specialist
Subdivision Section
(406) 444-1801 —email jskaariand La)mt.gov
cc: City Engineer
County Sanitarian
file
Enforcement Division - Permitting & Compliance Division * Planning, Prevention & Assistance Division • Remediation Division
Subdivision Guarantee Guarantee No.: 349297-CT
Farm 1I0-1282 (Rev, 3/31/04)
First A merl'can Title Company
704 South Main/P.O. Box 1310, Kalispelll MT 59901
Title Officer: Leslie Lane
Phone: (406)752-5388
FAX.• (406)752..9617
r
r
Form No. 110-1282 (Rev 3/31/04)
1100041P129500
Subdivision Guarantee
Form 110-1282 (Rev. 3/31/04)
Form 1349
CLTA Guarantee Face Page
(Revised 12/15/95)
Guarantee No.: 349297-CT
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE,
First American Title Insurance Company
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule A, -which the Assured shall sustain by reason of any incorrectness in the assurances set forth
in Schedule A.
First Amen'can 77tte Insurance Company
BY PRESIDENT
r.
ATTEST SECRETARY
First American Title Company
By:
AUTHORIZED SIGNATORY
Subdivision Guarantee
Form 110-1282 (Rev. 3/31/04)
Order No.: 349297-CT
Reference No.:
Guarantee No.: 349297-CT
Guarantee No.: 349297-CT
Fee: $150. 00
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS
❑F 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:
Montana Mapping
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:
LOT 1 OF MINOR SUBDIVISION NO. 117, ACCORDING TO THE MAP OR PLAT THEREOF ON
FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY,
Y r
TO BE KNOWN AS THE RESUBDIVISION OF LOT,.<
1178
(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:
Violence Free Crisis Line Inc., Whitefish Credit Union and Glacier Bank
(B) Parties holding liens or encumbrances on the title to said lands are:
(C) Easements, claims of easements and restriction agreements of record are:
1. 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
Goy .
Subdivision Guarantee Guarantee No.: 349297-CT
Form 110-1282 (Rev. 3/31/04)
2. 2010 taxes and special assessments are alien; amounts are determined and 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
2010 $349.46 (PAID) $349.44 (NOT PAID) 75--0667450
3. Easement for pipelines, flumes or ditches, pumps or other equipment , recorded in Book 16,
Page 272 and in Book 475, Page 405.
4. Easement for a full and free right of way for all purposes over a strip of land 14 feet in width
granted to Lester R. Truman, recorded November 1, 1950 in Book 317, Page 212.
5. Easement for granted to Montana Power Company, recorded February 2, 1966 in Book 477,
Page 455 as Instrument No. 813.
6. Easement for electric transmission and distribution line granted to� Pacific Power and Light
Company, recorded November 18, 1970 in Book 519, Page 509 as Instrument No, 8426.
7. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 7629, 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 restrict -ion violate 42 USC 3604 (c).
8. water well Agreement and Grant of Interest in water well upon the terms, conditions and
provisions contained therein:
Parties: First Interstate Bank of Kalispell and John G. LaBonty and Viola LaBonty
Recorded: October 1, 1984, as Instrument No. 84-275-15350
9. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed on the recorded plat of Minor Subdivision #117 and
the proposed plat of the Resubdivision of Lot 1 of Minor Subdivision Number 117, 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. Provisions contained in that Certificate, executed by the State of Montana, Department of Health
and Environmental Services.
i1. Easement for roadway and utilities granted to Reggie Lyman Lindsay, recorded July 25, 1995 as
Instrument No. 95-206-12390.
12. Easement for roadway and utilities granted to Myke Dee Lindsay, recorded July 25, 1995 as
Instrument No. 95-206-12400,
13. Easement for roadway and utilities granted to Vista Construction, Inc., recorded July 25, 1995. as
Instrument No. 95-206-12410.�
Subdivision Guarantee
Farm 110-1282 (Rev. 3/31/04)
Guarantee No.: 349297-C T
14. Easement for roadway and utilities granted to L. E. La uta ret Truste, LE. La uta ret and Maxine
Lautaret, Tim Knoll, Kay Knoll, Paul E. Husted, Jr. and Mary Jane Husted, recorded July 25, 1995
as Instrument No. 95-206-12420.
15. Any claim arising from the difference in the mean low water line of the Ashley Creek and the
meander line as shown by the Original Government Survey.
16. Right, title and interest of the State of Montana within the natural bed of the Ashley Creek below
the ordinary low water Line, and also excepting any artificial accretions waterward of said
ordinary low water line.
17. Trust Indenture, to secure an original indebtedness of $224,168.00, dated May 30, 2006 and any
other amounts and/or obligations secured thereby
Recorded: May 31, 2006, 2006-151-13050
Grantor: Violence Free Crisis Line, Inc.
Trustee: Citizen's Title
Beneficiary: Whitefish Credit Union
18. Petition to Annex and Notice of withdrawal from Rural Fire District, recorded December 18, 2006
as Instrument No. 2006-352-15480.
19, Deed of Trust dated March 19, 2008, to secure an original indebtedness of $30,000.00, and any
other amounts and/or obligations secured thereby
Recorded: April 24, 2008, as Instrument No. 2008-00010999
Grantor: Violence Free Crisis Line, Inc.
Trustee: Insured Titles
Beneficiary: Glacier Bank
20, Ordinance No. 1599 for Zoning recorded April 10, 2009 as Instrument No, 2009-00009938,
Date of Guarantee: January 03, 2011 at 7:30 A.M.
r
Subdivision Guarantee
Form 110-1282 (Rev. 3/31/04)
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
Guarantee No.: 349297 -CT
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 assurance which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein
vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such -property, rights or easements are expressly and specifically set forth
in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial
proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company,
(b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does
not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting
streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument
(d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to
purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant,
An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to
the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be
given to the Company, then all liability of the Company shall terminate with - regard to the manner 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 toss 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 authorised 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, t 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. 110-1282 (Rev 3/31/04)
1100041P129500
Subdivision Guarantee Guarantee No.: 349297-CT
Form 110-1.282 (Rev. 3/31/04)
G. 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 5 of these Conditions and
Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest
thereon; or
(c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or
encumbrance Assured against by this Guarantee.
S. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably
diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written
consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of
loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within
thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever, the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this
Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order
to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall
have recovered its principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law; either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee,
any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is
$1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be
arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party, Judgment upon the award rendered
by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request,
13. Liability Limited to:This.Guarantees 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, California, 92707.
Form No. 110-1282 (Rev 3/31/04)
11.00041P129500
Subdivision Guarantee
Form 110-1282 (Rev. 3/31/04)
t-t f
FirstAmerican
ka' e F
r gar-l: �
Guarantee No.: 349297-CT
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 subsidiaries 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 that you provide to us. It does not govern the manner in which we may use infonnation we have obtained
from any other Source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines
that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other
means;
Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your
information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We
may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any
internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and
investment advisory companies, or companies involved In real estate services, such as appraisal companies, home warranty companies and escrow companies.
Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of
our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.
FormerCustomers
Even if you are no longer our customer, our privacy Policy will continue to apply to you.
Confidentiality and Security
'Ne will use our hest 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 re5ponsibly 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.
Information Obtained Through Our Web Site
First Arerican Financial Corporation is sensitive to privacy issues on the. Internet. We believe it is important you know how we treat the information about you we
receive on the .Internet. In general, you can visit First American or its affiliates web sites on the World Wide Web without tolling us who you are or revealing any
information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the
number of visits, average time spent on the site, pages viewed and similar information. First American uses this Information to measure the use of our site and to
develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our beast
efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to
respond to your inquiry, process an order or allow you to access specific account/profile information, If you choose to share any personal information with us, we
will only use it in accordance with the policies outlined above.
Business Relationship's
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high
standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is
an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive.
FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you
with a more meaningful and productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance
between consumer benefits and consumer privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We
actively support an open public record and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use
and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disserninate. There possible, we will take reasonable steps to
correct Inaccurate information. When, as with the public record, we cannot: correct inaccurate information, we will take all reasonable steps to assist consumers in
identifying the source of the erroneous data so that the consumer can secure the required corrections,
Education We endeavor to educate the users of our product's and services, our employees and others in our industry about the importance of consumer privacy.
We will instruct our, employees on our fair information values and on the responsible collection and use of data. vie will encourage others in our industry to collect
and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form 50-PRIVACY (9-1-10) Page 1 of 1 I Privacy Information ( 2001-2010 First American Financial Corporation)
Subdivision Guarantee Guarantee No.: 349297-CT
Form 1 0-1282 (Rev. 3/31/04)
FIRST AMEPJCAN TITLE COMPANY
STATE OF MONTANA )
ss.
COUNTY OF FLATHEAD)
On
Public, personall
do f/
appeared
,before me, a Notary
Known to me to be the Authorized Signatory of the Corporation.
Signature of Notarial Officer
Notary Public for the State of Montana
Residing at:
Commission Expires.
Consent to Platting
Pursuant to Section 76-3-612, MCA, the undersigned, Glacier Bank, Beneficiary, as
recorded Instrument No. , records of Flathead County, Montana,
hereby consents to platting and dedication of land included in the plat of the
Resubdivision of Lot 1 of Minor Subdivision Plat Number 117.
IN WITNESS WHEREOF, said party had caused his name to be subscribed thereto,
on this day of , 2ooJa
State of �.
ss.
County of
Onthis da of - 2009 before me the undersi ed a Not
y ,,, � 3 a
Public for the State of personally appeared-- -,
known to me to be the person whose name is subscribed to this instrument, and
acknowledged that they executed the same.
In witness whereof, I have hereunto set my hand and affixed my notarial seal the day and
year in this certificate first above written.
JEAN PEELL
NOTARY PUBLIC - MONTANA
Residing at
SEAL, Kalispell, Montana
va Y Commission Expires
� �� ' April 02, 2013
Mary Public for the State of
Residing at
My commission expires on
November 30, 2010
CONSENT TO PLAT
T`he:Thitefi sh Credit Union does consent to the re-subd?.vs ors of the fol owe r g described
property:
LOT 1 OF MINOR SUBDIVISION NO. 117,1 ACCORDING- TO THE MAP OR PLAT
THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND
RECORDER OF FLATHEAD COUNTY, MONTANA.
Signed:
F
.sue
Doug Johnson; T6P Member Business Lending
1-4
ACKNOWLEDGEMENT:
STATE OF MONTANA, COUNTY OF FLATHEAD,
This instrument was acknowledged before me on b6�a_
Doug Johnson.
JE NIFER EOULT ER NDtar Publi for the State of Montana
�, NOTARY PUBLIC for the
State of Montana Residing at
SEAS * Residing at Whitefish, Montana �
f My Commission Expires
July 19,2014
My Commission Expires: I
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