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1. Resolution 5573 - Final Plat - Hutton Ranch Plaza No. 3PLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager FROM: Sean Conrad, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kahspell.com/planning SUBJECT: Final Plat Approval for Hutton Ranch Plaza No. 3 Subdivision MEETING DATE: August 6, 2012 BACKGROUND: Our office has received an application for final plat approval from Sands Surveying on behalf of the Hutton Ranch Plaza Assoc. LLC, for a two lot subdivision. The subdivision divides an existing lot located at the north end of the Hutton Ranch Plaza commercial center on the north side of Hutton Ranch Road. The property is zoned B-2/PUD (General Business/Planned Unit Development). The 1.7 acre site can be legally described as the amended plat of lot 3 of the amended plat of Hutton Ranch Plaza, phase 1 subdivision lots 2 and 3 located in the NW '/ of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The planning department waived the preliminary plat on June 12, 2012 subject to 4 conditions because it was found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.08 of the Kalispell Subdivision Regulations. Findings of fact for approval of the plat are found in attached staff report KWP-12-1 and letter to the city manager which review the conditions of approval and how they have been met. RECOMMENDATION: A motion to adopt the findings of fact in the staff report KWP-12-1 and approve the resolution to create the two lot subdivision would be in order. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Sean Conrad Senior Planner Report compiled: July 24, 2012 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter and application materials Staff report KWP-12-1 WHEREAS, Sands Surveying, representing Hutton Ranch Plaza Associates LLC, the owners of the certain real property described above, has petitioned for approval of the final Subdivision Plat of said property; and WHEREAS, preliminary plat approval for this minor subdivision was waived on June 12, 2012, by the Kalispell Planning Department according to Section 2.08 of the Kalispell Subdivision Regulations subject to four (4) conditions, all of which have been met; and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.08 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision Regulations of the City of Kalispell; and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report (KWP-12-01) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KWP-12-01 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Sands Surveying for final plat approval of Hutton Ranch Plaza No. 3 Subdivision in Section 31, Flathead County, Montana, is hereby approved. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 6TH DAY OF AUGUST, 2012. FTlyffows Tammi Fisher Mayor Theresa White City Clerk Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kafispell.com/planning July 24, 2012 Doug Russell, City Manager City of Kalispell 201 1" Avenue East Kalispell, MT 59901 Re: Final Plat for Hutton Ranch Plaza No. 3 Subdivision Dear Doug: This is a request for final plat approval for a two lot subdivision located at the north end of the Hutton Ranch Plaza commercial center on the north side of Hutton Ranch Road. The property is zoned B-2/PUD (General Business/Planned Unit Development). The 1.7 acre site can be legally described as the amended plat of lot 3 of the amended plat of Hutton Ranch Plaza, phase 1 subdivision lots 2 and 3 located in the NW '/ of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The planning department waived the preliminary plat on June 12, 2012 subject to 4 conditions because it was found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.08 of the Kalispell Subdivision Regulations. COMPLIANCE WITH CONDITIONS OF APPROVAL: Prior to final plat Condition 1. That the final plat is in substantial compliance with the preliminary plat that was waived. • This condition is met. The final plat is in substantial compliance with the preliminary plat that was waived on June 12, 2012. Condition 2. A municipal facilities exemption shall be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer are available and will be provided to all lots. Existing and new utility easements shall be shown on the final plat. This condition is met. A municipal facilities exclusion checklist from the Public Works Department states existing water and sewer mains are in place and have adequate capacity to serve the proposed subdivision. A municipal facilities exemption letter from the Montana Department of Environmental Quality dated June 29, 2012 is also included in the final plat application. All existing and new utility easements are shown on the final plat. Condition 3. All new utilities shall be installed underground. ® This condition is met. A note on the final plat requires new utilities to be installed underground. Current utilities serving the lot are in place underground. Condition 4. This waiver of preliminary plat approval is valid for three years and will expire on June 12, 2015. ® The final plat for this subdivision has been submitted to the Kalispell Planning Department prior to the expiration of the preliminary plat waiver. The final plat is in substantial compliance with the preliminary plat which was waived on June 12, 2012. This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. All taxes are current and there are no liens or encumbrances on the property. This subdivision complies with the Kalispell Zoning Ordinance and the B-2/PUD zoning designation. All of the conditions of the preliminary plat waiver 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 August 6, 2012 city council agenda. You may call me at 758-7940 if I can be of assistance to you regarding this matter. Sincerely, Sean Conrad Senior Planner Attachments: 2 reproducible Mylar of final plat 1 blueline of final plat 11 x 17" copy of plat Vicinity map Staff Report KWP-12-1 Final plat application dated 7/10/12 Letter from Sands Surveying dated 7/9/12 Municipal Facilities Exclusion Checklist Letter from MDEQ dated 6/29/12 Stewart Title Company Report # G-2222-000052841 dated 6/18/12 Treasurer's certification dated 6/28/12 c: Theresa White, Kalispell City Clerk Hutton Ranch Plaza Assoc. LLC, 135 Hutton Ranch Rd. Ste 103, Kalispell, MT 59901 Sands Surveying, Inc., 2 Village Loop, Kalispell, MT 59901 FINAL PLAT FOR HUTTON RANCH PLAZA NO. 3 KALISPELL PLANNING DEPARTAIENT STAFF REPORT KWP-12-01 REVIEW AND FINDINGS OF FACT JULY 24, 2012 This is a report to the Kalispell City Council detailing findings of fact for a two lot subdivision. Preliminary plat approval for this minor subdivision was waived on June 12, 2012 with 4 conditions of approval. BACKGROUND: This is a subdivision that creates two lots. The proposed lots are located at the north end of the Hutton Ranch Plaza commercial shopping center. The lot is 1.7 acres in size and is currently vacant. It is located between the theaters and sports store in Hutton Ranch Plaza. A. Applicant: Hutton Ranch Plaza Assoc. LLC 135 Hutton Ranch Rd. Ste 103 Kalispell, MT 59901 Technical Assistance: Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 B. Location and Size: The property is located at the north end of the Hutton Ranch Plaza commercial center on the north side of Hutton Ranch Road. The 1.7 acre site can be legally described as the amended plat of lot 3 of the amended plat of Hutton Ranch Plaza, phase 1 subdivision lots 2 and 3 located in the NW 1/4of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Total area: 1.727 acres Lot 3A: 0.923 acre Lot 313: 0.804 acre C. Existing and Adjacent Land Uses: The lot is currently vacant. The immediate area is characterized by a mix of commercial development. East of the lot is a theater and west of the lot is a retail sports store. Both businesses are located in the Hutton Ranch Plaza commercial center. North of the lot, across a service alley, are retail businesses located in the Mountain View Plaza commercial center. South of the lot is a shared parking lot serving the surrounding businesses. D. Zoning: The 1.7 ace project site is zoned B-2/PUD (General Business/ Planned Unit Development). The B-2 district is a business district which provides a variety of sales and service establishments to serve both the residents of the area and the traveling public. The B-2 zoning district has a minimum lot area of 7,000 square feet with a minimum lot width of 70 feet. E. Relation to Growth Policy: The Kalispell Growth Policy Map designates the 1.7 acre project site as Commercial, which provides the basis for the B-2/PUD zoning designation. The growth policy map lists uses such as retail, offices, services, mixed use developments and residential as appropriate land uses in the Commercial land use designation. F. Utilities/Se ices: Sewer service: Water service: Solid Waste: Gas: Electric: Phone: Police: Fire: Schools: City of Kalispell City of Kalispell City of Kalispell or Evergreen Disposal Northwestern Energy Flathead Electric Cooperative CenturyLink City of Kalispell Kalispell Fire Department School District #5, Kalispell This application has been reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: The area is anticipated to be at low risk from wildfire due to the urban location and adequate access to the site. There are existing fire hydrants located within the parking lot south of the project site. There are no other apparent health or safety hazards near the subdivision. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not located in known big game habitat and the property is not considered suitable habitat for other significant wildlife. Local and migratory bird species and small mammals common to the area will not be affected by this action. C. Effects on the Natural Environment: The site exists in an established commercial area of Kalispell. The site is level and is not in or near a designated I 00-year floodplain per flood insurance rate map number 30029C 1805G nor is it subject to slope failure, subsidence or severe erosion. The subdivision will be served by City of Kalispell water and sewer minimizing impacts to groundwater. Impacts to the natural environment are not expected to occur as a result of this subdivision. Sewer and Water: The City of Kalispell will provide water and sewer service to the properties. There are existing water and sewer mains directly accessible to the proposed lots. Access and Roads: The property has vehicle access on two sides, north and south. On the north is a service roadway approximately 28 feet wide. This roadway also serves the adjacent properties. South of the lots is a parking lot and private access roads. The roads connect the lot to Hutton Ranch Road. 10), Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is commercial in nature and will not have an impact on the enrollment of the school district. Parks: Commercial lots are exempt from providing park land or paying a cash in lieu fee. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Solid waste pick-up is currently provided by Evergreen Disposal. No significant increased impacts are anticipated as a result of the proposed subdivision. Medical Services: Emergency medical service is provided by the Kalispell Regional Medical Center; ambulance and life flight services are also available. E. Effects on Agriculture: This subdivision is in the urban area of Kalispell and the area has been developed to an urban density. Future development of the lots will have no effect on agricultural activities in the valley. F. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.08 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there are no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental, wildlife and wildlife habitat and the public health and safety. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. G. Compliance with the Kalispell Zoning Ordinance: The property is zoned 13- 2 / PUD, a commercial district located in the Hutton Ranch Plaza commercial center. The two lots meet the B-2/PUD zoning district requirements. 'VDI-010MV4 Staff recommends that the Kalispell City Council adopt Staff Report KWP- 12-01 as findings of fact for the proposed subdivision and approve the final plat. 3 Project /Subdivision Name Contact Person: Name: Sands Surveying, Inc Address: 2 Village Loop Kalispell, MT 59901 Phone No.: (406) 755-6481 Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 7.58-7940 Fax: (406) 758-7739 www.kalispell.com/nlannin� FINAL PLAT APPLICATION Hutton Ranch Plaza No. 3 Date of Preliminary Plat Approval: June 12, 2012 Owner & Mailing Address: Hutton Ranch Plaza Assoc. LLC 135 Hutton Ranch Rd. Ste 103 Kalispell, MT 59901 Type of Subdivision: Residential Industrial Commercial X PUD X Other _ Total Number of Lots in Subdivision 2 Land in Project (acres) 1.727 ac Parkland (acres) Cash -in -Lieu $ Exempt Yes No. of Lots by Type: Single Family Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial 2 Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property Amended Plat of Lot 3 of the Amended Plat of Hutton Ranch Plaza, Phase 1 Subdivision Lots 2 and 3; Sec 31, T29N, R21W FILING FEE ATTACHED $ 1,050.00 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 1 Attached Not Applicable (MUST CHECK QgEj x Health Department Certification (Original) _ Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) x Consent(s) to Plat (Originals and notarized) x Subdivision Improvements Agreement (Attach collateral) x Parkland Cash -in -Lieu (Check attached) x Maintenance Agreement x Plats: 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 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. { Please be advised that the County ClerkRecorder requests final plat a-Z-- lic0ions be accompanied with a digital copy. s) Signature Date **A digitaXcopy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file forma`-, --consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system Pa SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 July 9, 2012 City of Kalispell Planning Department 201 1st Avenue East Kalispell, MT 59901 RE: Final Plat submittal for Hutton Ranch Plaza No. 3. Dear Planning Office: JUL This cover letter is intended to give an overview of the conditions of approval and the supporting documentation for meeting the conditions for Hutton Ranch Plaza No 3. The Kalispell Planning Office waived preliminary plat approval of the subdivision on June 12, 2012 subject to four conditions as all utilities, parking, stormwater drainage where in place and serving the two lots. Compliance with the conditions are addressed below: Preliminary Plat Conditions Condition #1: That the final plat is in substantial compliance with the approved preliminary plat that was waived. This condition is met. The final plat conforms to the preliminary plat approved by Planning Staff. Condition #2: A municipal facilities exemption shall be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that the municipal water and sewer are available and will be provided to all lots. Existing and new utility easements shall be shown on the final plat. This condition is met. See MFE Checklist sign the Kalispell Public Works Director approving indicating that all services are available and that no main extensions are required and the MDEQ approval EQ-1939. Condition #3: All new utilities shall be installed underground.. This condition is met. A note stating this condition is on the face of the final plat and all utilities are in place as required in Phase 1 of Hutton Ranch Plaza and they are all underground. Condition #4: This waiver of preliminary plat approval is valid for three years and will expire on June 12, 2015. This condition is met. 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, - - I -A Eric H. Mulcahy, AICP Sands Surveying Inc. Attachments: City of Kalispell Final Plat Application MFE Checklist, Signed by Public Works Director,, Susie Turner, PE MDEQ letters (EQ#12-1939 Dated: June 29, 2012) Title Report for Phase 3 (Order # CG-53543, Guarantee # G2222-000052841, Date 6/18/12) Tax Certification Phase 3 (June 29, 2012) MuNiciPAL FACILITIFs ExCLUSION CNECKLIST (Formerly Master Plan Exclusion) Below please find the information required under §76-4-127, MCA, regarding a municipal facilities exclusion for this subdivision within a growth policy area or first-class or second-class municipality. Use of this checklist is only appropriate when the municipality is providing the water and sewer main service and when the municipality engineering staff is reviewing the plans and specifications prior to approval. 1. Name of subdivision ( , 2. Applicant: Name Engineer: Name r t Address Yt , c®. t j 4. Copy of the preliminary or final plat: Attached X Number of parcels in the subdivision 5. A copy of any applicable zoning ordinances in effect: Attached Not applicable 6. How construction of the sewage disposal and water supply systems or extensions will be financed (method of financing) s t - 7. Certification that the subdivision is: (Check one) Within a jurisdictional area that has adopted a growth policy Within a first-class municipality Within a second-class municipality 8. Copy of growth policy: Attached On file X Not applicable 9. Location of the subdivision to the city or town, vicinity map attached: Yes No 10. Will the owner of the municipal facilities own, operate, and maintain the water supply, sewage disposal, solid waste, and storm water facilities? Yes No 11. All water and sewer mains or extensions as defined in §76-4-102, MCA, (a main or extension is any line that serves more than one building or living unit) will be under the control and maintenance of the certifying municipality? Yes No 12. Will the existing water main(s) need to be extended to serve the subdivision? Yes No 13. Will the existing sewer main(s) need to be extended to serve the subdivision? Yes No 14, Exclusion Checklist review fee ($100) included: Yes >< No 15. 1 certify that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within one (1) year after notice of certification is issued, and I certify that the governing body has reviewed and approved plans to ensure adequate storm water drainage. I further certify that I am authorized to sign this form on behalf of the governing body. Name ��(�5� (�-(i Signature (Please print pri/nt/legibl�y/) Department ! Title - city Zip Code Phone��/' Please sign and send with the $100 review fee to: MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY SUBDIVISION REvIEw SECTION, PERMITTING & COMPLIANCE DIVISION PO Box 200901 HELENA MT 59620 Revised 12/03 Montana Department �(®f ONMENTAL QUA��TY Richard H.eOpperIovernor ��mDirector P.O. Sox 200901 o Helena, MT 59620-0901 a (406) 444-2544 m www.deq.mt.gov June 29, 2012 Sands Surveying 2 Village Loop Kalispell MT 59901 RE: Hutton Ranch Plaza No 3 Municipal Facilities Exclusion EQ# 12-1939 City of Kalispell Flathead County Dear Sirs; 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 {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, �v� Janet Skaarland Compliance Specialist Subdivision Section (406) 444-1801 — email iskaarlandgmt. ov cc: City Engineer County Sanitarian file Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 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. stewart 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. Dated: 6/18/2012 Countersigned by: _ �anstewarf v "" title guaranty compy j Senior Chairman of the Board Authorized Signat�ur�r.�, Sterling Title Services, Inc. e3?or �✓ _ t r Chairman o the B rd Company �� r Kalispell, MT ' r :era City, State Oresident Guarantee Serial No. G-2222-000052841 Please note carefully the liability exclusions a(i 4imtta„ytgittions 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 availability and cost. Guarantee (CLTA Form) Rev. 6/6/92 Agent ID: 260052 File Number 53543 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. Exclusions from Coverage of this Guarantee -The Company assumes no liability for loss or damage by reason of the following: (a) 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. (b) (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 by (1), (2) or (3) are shown by the public records. (c) Assurances to 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 on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) (1) Defects, liens, encumbrances or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured; or (c) 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 assurances provided. 3. Notice of Claim to be Given by Assured Claimant - An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. 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. 5. 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 4 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 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 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. 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 an authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 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 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 5, and the Guarantee shall be surrendered to the Company of 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 forthe 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 5. 8. 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 stated in Paragraph 2. The liability of the Company underthis Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 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. 9. 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. 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. 11. 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. 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 afterthe 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 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. 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. 0. Box 2029, Houston, TX 77252-2029. Order No. CG-53543 Guarantee No.: G-2222-000052841 Date of Guarantee: June 18, 2012 at 5:00 P.M. Liability: $5,000.00 Premium: $150.00 A. Assurances: 1. Description of the land: Lot 3 of the AMENDED PLAT OF HUTTON RANCH PLAZA PHASE I SUBDIVISION, LOTS 2 AND 3, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Also known as: Lot 3 of the AMENDED PLAT OF HUTTON RANCH PLAZA PHASE I SUBDIVISION, LOTS 2 AND 3, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. 2. Name of Proposed Subdivision Plat or Condominium Map: HUTTON RANCH PLAZA NO. 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: Hutton Ranch Plaza Associates, LLC, A Delaware Limited Liability Company Page 2 Certificate No.: G-2222-000052841 Our File No.: CG-53543 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, including any assessments collected with the taxes, for the year 2012. 2. 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. 3. 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. 4. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 5. 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. 6. 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. 7. 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. 9. Any right, title or interest to water rights, claims or title to water. Any reservations or exceptions in patents. Page 3 Certificate No.: Cr-2222-000052841 Our File No.: CG-53543 10. Reservations in Patents or the acts authorizing the issuance thereof. 11. 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. 12. Easement for gas pipe line and related purposes granted Montana Power Company, recorded May 3, 1988, as Document #8812412340, records of Flathead County, Montana. 13. Easement for transmission line and related purposes granted Flathead Electric Cooperative, Inc., by instrument recorded December 6, 1995 as Document #9534008140, records of Flathead County, Montana. 14. Terms and provisions contained in Resolution No. 5024, regarding annexation to the City of Kalispell, Montana and zoning, recorded July 11, 2005 as Document #200529211450 and re- recorded September 23, 2005 as Document #200526614220, records of Flathead County, Montana. 15. Petition to annex and notice of withdrawal from rural fire district, recorded July 11, 2005 as Document #200519211460, records of Flathead County, Montana. 16. Terms and provisions contained in Drainage Swale Easement Agreement And Temporary Construction License, recorded January 20, 2006 as Document #200602016550, records of Flathead County, Montana. 17. Terms and provisions contained in Drainage Pipe Easement Agreement And Temporary Construction License, recorded January 20, 2006 as Document #200602016560, records of Flathead County, Montana. 18. Terms and provisions contained in Stormwater Retention Pond Easement Agreement, recorded January 20, 2006 as Document #200602016570, records of Flathead County, Montana. 19. Terms and provisions contained in Slope Easement Agreement And Temporary Construction License, recorded January 20, 2006 as Document #200602016580, records of Flathead County, Montana. 20. Terms and provisions contained in Easement For Water And Sewer Main, recorded February 1, 2006 as Document #200603211130, records of Flathead County, Montana. 21. Provisions and conditions contained in letter from the State of Montana Department of Health and Environmental Sciences, attached to the plat of Hutton Ranch Plaza Phase I Subdivision and the Amended Plat of Hutton Ranch Plaza Phase 1 Subdivision, Lots 2 and 3. Page 4 Certificate No.: G-2222-000052841 Our File No.: CG-53543 22. Utility easements certificate and easement notes, as shown on the plat of Hutton Ranch Plaza Phase I Subdivision. 23. A 30 foot private utility easement, along the North boundary, as shown on the plat of Hutton Ranch Plaza Phase I Subdivision. 24. Surveyors note as shown on the Amended Plat of Hutton Ranch Plaza Phase I Subdivision, Lots 2 and 3. 25. Terms and provisions contained in Subdivision Improvement Agreement, recorded May 5, 2006 as Document #200612509010, records of Flathead County, Montana. 26. Declaration of Covenants, Conditions And Restrictions And Grants Of Easements and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, recorded May 2, 2006 as Document #200612216310, records of Flathead County, Montana, and any amendments thereto, including but not limited to the following amendments: First amendment recorded August 2, 2006 as Document #200621415000 and second amendment recorded August 22, 2006 as Document #200623410400, and third amendment recorded August 28, 2006 as Document #200624013210, and fourth amendment recorded November 26, 2008 as Document #200800032340, all records of Flathead County, Montana. 27. Terms and provisions contained in Ordinance No. 1542, regarding zoning, recorded July 11, 2006 as Document #200619208470, records of Flathead County, Montana. 28. Easement for transmission line and related purposes granted CenturyTel of Montana, Inc. dba CenturyTel by instrument recorded October 30, 2006 as Document #200630315120, records of Flathead County, Montana. 29. Terms and provisions contained in Acknowledgment Of Obligations, Waiver Of Rights, Delegation Of Duties, Easement With Covenants And Restrictions Affecting Land, recorded November 26, 2008 as Document #200800032344 and first amendment recorded March 10, 2009 as Document 4200900006408, records of Flathead County, Montana. 30. Terms and provisions contained in Memorandum Of Development Agreement, recorded November 26, 2008 as Document #200800032345, records of Flathead County, Montana. 31. Conditions of approval per City of Kalispell, as shown on the unrecorded plat of Hutton Ranch Plaza No. 3. 32. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. Ss C e 6? a 3 �;-� 5 � e �� b �� :s � �� F � � �. ;�. Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Sands Surveying FOR: Huttton Ranch Plaza Assoc DATE: 6/21/2012 DESCP : Hutton Ranch Plaza No. 3 - Amd L3 PURPOSE: Plat of Amd Hutton Ranch Plaza Ph 1 L2 & 3 in 31-29-21 YEARS ASSESSOR # 2008 thru 2011 0501945 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. AwZo (A,-�'-- '�JUN 2 8 2012 Deputy Treasurer (seal) By: SANDS SURVEYING, Inc. 2 Village Loop Kalispell, MT 59901 (406) 755-6481 JOB NO: 148508 DRAWING DATE: JUNE 6, 2012 COMPLETED DATE: / / FOR: CTA OWNER: HUTTON RANCH PLAZA ASSOCIATES LLC Pl a t Of IrITUTTON RANCH PLAZA No. An Amended Plat of Lot 3 of the Amended Plat of Hutton Ranch Plaza Phase I Subdivision, Lots 2 and 3 A Subdivision Located In SW114NW114 SEC. 31, T. 29N. , R.21 W., P. M. A, FLATHEAD COUNTY, MONTANA TOTAL AREA: 1.727 AC. (75242 SQ, FT.) Paroel 1 COS 15060 S86 22 28 6' 236,19' 120.00, 115,19' (Amd. Plot of Halton Ranch Plaza Phase 1 Subd"islon Lots 2 end 3) of .�j N h q 0 a a � P y ry �i N 4 LOT 3A ® 0.923 AC. 4 40206 SQ. FT. l57 C � m G � v y o � M h 4 tiE LOT 3B a 804 AC, 35035 SQ, FT. t71 a2 0�0 �INVO 4>6 84.00' Lot 7 Subdivision) Hutton Ranch Plaza Phase i 91.44 SCALE : 1" = 30' 30' 15' 0 30' 80' CERTIFICATE OF DEDICATION WE, THE UNDERSIGNED PROPERTY OWNERS, DO HEREBY CERTIFY THAT WE HAVE CAUSED TO BE SURVEYED AND PLATTED INTO LOTS ALL THE FOLLOWING DESCRIBED PROPERTY AS DESCRIBED IN THE CERTIFICATE OF DEDICATION, AND SHOWN BY THE ANNEXED PLAT OR MAP AND SITUATED IN FLATHEAD COUNTY, MONTANAr A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31. TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT" Lot 3 of the Amended Plat of Hutton Ranch Plaza Phase I Subdivision, Lots 2 and 3 (records of Flathead County, Montana) aad containing 1.727 ACRES; Subject to and together with all appurtenant easements of record. The above described tract of land shall hereafter be known as: HUTTON RANCH PLAZA No. 3 LOTS 3A & 3B are exempt from sanitation review by the Department of Environmental Quality pursuant to M.C.A. 76-4-125 (2) (d) as the division is located within jurisdictional areas that have adopted growth policies pursuant to Title 76, Chapter 1 M.C.A. or Is within first-class or second class municipalities for which the governing body certifies, pursuant to 76-1-127 M.C.A., that adequate storm water drainage and adequate municipal facilities will be provided. fi u 4 q� PH/LIP HARRIS, PRESIDENT e °>^ HUTTON RANCH PLAZA ASSOCIATES, LLC STATE OF MONTANA ) N R N a m SS COUNTY OF FLATHEAD ) b y ° On this _______ day of -__--- ------ 20-__, before me eo v 4 a Notary Public for the State of Montana, personally appeared 0.a N y � --b--___�____-__-__—____-____ and knower to me -To e the persons whose cremes are subscribed to the q foregoing instrument and acknowledged to me that they executed the same. o u o ql a a Notary Public for the State of Montana Printed Name q o fi o Residing at 9j 0. My commission expires ___-_ .y a a e 0. CERTIFICATE OF CITY COUNCIL we,____ ,--- ------- Mayor for the City of Kalispell, Montana and ------ _------ ____ City Clerk of the City of Kalispell, Montana do hereby certily that this plat has been submitted for examination and been found by them to conform to the law, and was approved by the City Council of the City of Kalispell at its regular meeting held on the_--- day of_------- _---- —, 20 ------ ------ Mayor of Kalispell, Montane City Clerk of Kalispell, Montana CERTIFICATE OF CITY ATTORNEY The plot has been examined by the office of the city attorney of Kahspell, Montana, according to Section 76-3-612 (2) M.C.A., and relying upon Title Report No. -_ ---------- _---- ----- _----- , and approved based on In formation submitted by the developer end/or his agent. Office of Kalispell City Attorney City of Kalispell, Montana date by COND177ONS OF APPROVAL PER C177 OF KALLSPELL 1. All new utilities shall be installed underground. LEGEND: Section corner (as noted) (1) 114 Corner (as noted) DO Center section (as noted) S 1116 Corner (as noted) Set 1/2`x24" Rebar & Cap (7975S) 0 Found 2" Alum. Cap (10692ES) OStreet Address CERTIFICATE OF SURVEYOR THOMAS E. SANDS 7975S APPROVED: , 20_ EXAMINING LAND SURVEYOR, REG. No. 5428S STATE OF MONTANA ) SS COUNTY OF FLAY -HEAD FILED ON THE _ DAY OF.—, 20_ AT . PAID FEE CLERK & RECORDER BY DEPUTY INSTRUMENT REG No. SHEET 1 OF I SHEETS