2. Resolution 5574 - Final Plat - Manion Square SubdivisionPLANNING 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.kalispell.com/planning
SUBJECT: Final Plat Approval for the Manion Square Subdivision
MEETING DATE: August 6, 2012
BACKGROUND: Our office has received an application for final plat approval from Marquardt Surveying
on behalf of the Martin Family Limited Partnership for a two lot subdivision. The subdivision divides an
existing lot located at the northwest corner of the intersection of East Center Street and Third Avenue EN. The
property is zoned B-4, Central Business and the proposed lots meet the requirements of the B-4 zoning district.
The two acre site can be legally described as Lot 3 of Kalispell Market Place Phase III located in the SE % of
Section 7 and the SW '/ of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
The planning department waived the preliminary plat on June 6, 2012 subject to 7 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-12-2 and letter to the city
manager which reviews the conditions of approval and how they have been met.
RECOMMENDATION: A motion to adopt the findings of fact in the staff report KW-12-2 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-12-2
WHEREAS, Marquardt Surveying, representing Martin Family Limited Partnership, 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 6, 2012, by the
Kalispell Planning Department according to Section 2.08 of the Kalispell Subdivision
Regulations subject to seven (7) 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-12-02) 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.
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KWP-12-02 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Marquardt Surveying for final plat approval of Manion
Square Subdivision in Sections 7 and 8, 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.
r_yaymoo
Tammi Fisher
Mayor
Theresa White
City Clerk
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
PUNNING FOR THE FUTURE
July 24, 2012
Doug Russell, City Manager
City of Kalispell
201 1 " Avenue East
Kalispell, MT 59901
Re: Final Plat for the Manion Square Subdivision
Dear Doug:
This is a request for final plat approval for a two lot subdivision located at the northwest corner of the
intersection of East Center Street and Third Avenue EN. The property is zoned B-4, Central Business and the
proposed lots meet the requirements of the B-4 zoning district. The two acre site can be legally described as Lot
3 of Kalispell Market Place Phase III located in the SE '/ of Section 7 and the SW '/ of Section 8, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
The planning department waived the preliminary plat on June 6, 2012 subject to 7 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 6, 2012.
Condition 2. The 20 foot easement reserve for future right-of-way acquisition noted on the preliminary plat shall
be dedicated to the city.
• This condition is met. The dedication for the right-of-way is noted on the final plat.
Condition 3. A note shall be placed on the final plat stating that if the railroad tracks are removed and the
railroad easement is abandoned the 12 '/2 foot easement shall revert to a pedestrian/bike easement and
transferred to the city at such time the city constructs a pedestrian/bike trail on the easement.
9 This condition is met. The note appears on the face of the final plat.
Condition 4. The existing cross easement agreement for the private access road (recording number 9525012460)
for access and maintenance of the private road shall be amended to reflect the two lots of this
subdivision. The signed amended easement agreement shall be submitted with the final plat application
and filed after final plat approval.
This condition is met. An amendment to the cross easement agreement including lots 1 and 2 is included
with the final plat application.
Condition 5. 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 exemption letter from the Montana Department of
Environmental Quality dated July 19, 2012 is included in the final plat application. All existing and
new utility easements are shown on the final plat.
On -going conditions
Condition 6. All new utilities shall be installed underground.
® This condition is met.
Condition 7. This waiver of preliminary plat approval is valid for three years and will expire on June 6, 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 6, 2012.
NIJIVI 1911
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-4 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-12-2
Final plat application dated 7/10/12
Letter from Marquardt Surveying dated 7/10/12
Letter from MDEQ dated 7/19/12
Easement Agreement
First American Title Company Report # 416278-FT dated 4/10/12
Treasurer's certification dated 7/2/12
Theresa White, Kalispell City Clerk
Martin Family Limited Partnership, 260 Glenwood Drive, Kalispell, MT 59901
Dawn Marquardt, 201 Third Avenue West, Kalispell, MT 59901
FINAL PLAT FOR MANION SQUARE
KALISPELL PLANNING DEPARTMENT
STAFF REPORT KWP-12-02
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
6, 2012 with 7 conditions of approval.
BACKGROUND: This is a subdivision that creates two lots. The proposed lots are
located at the northwest corner of the intersection of East Center Street and Third
Avenue EN. The east half of the property, Lot 2, is the location of a proposed 40-unit
senior apartment building. The senior apartment building, Depot Place, requires a
conditional use permit prior to obtaining a building permit. The planning board
reviewed the Depot Place project at its July 10th meeting and forwarded a
recommendation for city council approval on the project. The west half of the property
has two Quonset huts on it, one of which is housing a used appliance business.
A. Applicant: Martin Family Limited Partnership
260 Glenwood Drive
Kalispell, MT 59901
Technical Assistance: Dawn Marquardt
Marquardt & Marquardt Surveying
201 Third Avenue West
Kalispell, MT 59901
B. Location and Size: The property is located at the northwest corner of the
intersection of Third Avenue EN and East Center Street. The two acre site can
be legally described as Lot 3 of Kalispell Market Place Phase III located in the
SE 1/4of Section 7 and the SW 1/4of Section 8, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana.
Total area: 2.134 acres
Lot 1: 0.982 acre
Lot 2: 0.982 acre
C. E2dsting and Adjacent ,and Uses: Lot 1 has two Quonset huts on it, one of
which is housing a used appliance business. Lot 2 is currently vacant.
The immediate area is characterized by a mix of commercial development. North
of the site, across the railroad tracks, is a paint store and supermarket. West of
the site is a branch bank drive -through and east of the site is a glass retailer.
South of the site is a small office, restaurant and pizza business.
D. Zoning: The two ace project site is zoned B-4 (Central Business). The B-4
district is a business district intended to set apart that portion of the city which
forms the center for financial, commercial, government, professional and
cultural activities. The district also provides for a variety of housing from single
family homes to high density apartment buildings. The B-4 zoning district does
not have a minimum lot size, maximum lot coverage or building setback
requirements.
E. Relation to Growth Policy: The Kalispell Growth Policy Map designates the 2
acre project site as Commercial, which provides the basis for the B-4 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 along East Center Street and Third Avenue EN.
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
residential/commercial area of Kalispell. The site is level and is not in or near a
designated 100-year floodplain per flood insurance rate map number
30029C1810G 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 is an existing water main directly accessible to the
proposed lots within the East Center Street right-of-way. A sewer main is
located south of the lots in the alley serving Second and Third Avenue East.
Access and Roads: The property has vehicle access on three sides, north, east
and south. On the north is a private roadway approximately 28 feet wide. This
E
roadway serves Lots 1 and 2 and the two lots to the west. The roadway connects
First Avenue EN to Third Avenue EN. There is a road user's agreement which
outlines the maintenance of the road for the three existing lots. A condition of
approval required the owner of Lot 3 to modify this agreement to reflect the two
lots created through this subdivision. The modified agreement will identify the
percentage Lots 1 and 2 of this subdivision will be required to pay for
maintenance of the roadway.
Third Avenue EN creates the east property boundary for Lot 2. Third Avenue EN
is a city street approximately 48 feet wide with curb, gutters and sidewalks on
both sides of the street. Along the south boundary of Lots 1 and 2 is East Center
Street. East Center Street includes curb and gutter on both sides of the street
however sidewalks are only located on the south side of the street along this
section of East Center Street.
East Center Street is classified as a minor arterial in the Kalispell Area
Transportation Plan (2006 Update). East Center Street is a three lane street along
the project site and has traffic volumes of approximately 6,000 vehicles per day
based on the transportation plan. The plan notes that a three lane street can
accommodate traffic volumes of 12,000 to 18,000 vehicles per day. The right-of-
way width for the section of East Center Street along the project site is 50-feet and
includes curb and gutter on both sides of the street with an 8-foot sidewalk on the
street's south side.
As part of the preliminary plat approval to divide the 2-acre property into two lots
the developer was required to dedicate an additional 20-feet of right-of-way on the
north side of East Center Street. This additional right-of-way win bring the street
right-of-way width closer to meeting current city standards and enable upgrades
to this section of East Center Street to occur.
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.
Bike path: The northern 12 1/2 feet of Lots 1 and 2 is within a 25-foot railroad
easement developed with railroad tracks. The lots are located within a planning
area identified as the Core Area Plan. The planning department is currently
working with property owners, businesses and a steering committee to develop
a plan that will guide future development within the Core Area Plan. One of the
focuses of the plan, based on significant public comment, is to work towards
removing the railroad tracks from the Core Area. If this were to occur, public
comments have directed planning staff to work on constructing a linear bike
path in place of the tracks.
Based on public comments regarding the railroad tracks, the future developer
of Lots 1 and 2 was contacted and informed of the plan being worked on in this
area. The developer agreed to place a note on the final plat providing their 12 1/2
foot wide portion of the railroad easement for a pedestrian/bike easement and
3
transfer the easement to the city at such time the city constructs a
pedestrian/bike trail on the easement.
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 the City of
Kalispell. 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. This property has not been
used for agricultural purposes in the past and future development 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 B-4,
a commercial district located in downtown Kalispell which reflects the limited
setbacks and maximum lot coverage in the downtown lots. The two lots meet
the B-4 zoning district requirements.
Staff recommends that the Kalispell City Council adopt Staff Report KWP- 12-02 as
findings of fact for the proposed subdivision and approve the final plat.
M
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
wwFv.kalisAell.com/planning
FINAL PLAT APPLICATION
Project /Subdivision N
Contact Person:
Name: bca " b a i~G f,�C( (6
�i
Address:
Phone No.:
Date of Preliminary Plat Approval: w _ LC �. �Nc l
Owner & Mailing Address:
Type of Subdivision: Residential Industrial Commercial Y PUD Other
Total Number of Lots in Subdivision
Land in Project (acres) J, I M
Parkland (acres) Cash -in -Lieu $ Exempt_
No. of Lots by Type:
Single Family Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
Legal Description of the Property
FILING FEE ATTACHED $ I Q�YU . 00
Minor Subdivision with approved preliminary plat $400 + $125/lot
Major Subdivision with approved preliminary plat $800 + $125/lot
Subdivisions with Waiver of Preliminary Plat $800 + $125/lot
Subdivision Improvements Agreement $50
Attached
Not Ai3olicable (MU T CHECK E)
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
X__
Tax Certification (Property taxes must be paid)
X Consent(s) to Plat (Originals and notarized)
X. Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
ly, _
Maintenance Agreement
Plats: 1 opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
I IX17 Copy I IX17 Copy
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The governing
body must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application and
may invalidate any approval. The signing of this application signifies approval for Kalispell Planning
staff to be present on the property for routine monitoring and inspection during the approval and
development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applicationA be accompanied with a digital copy.
t 2-
Owner(s) Signature Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
2
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July 10, 2012
City of Kalispell Planning Department
201 1 st Avenue East
Kalispell, MT 59901
201 "'I'dAVE["J"UEE C'
1 1SYFLL, ;`1/ONiAVrk, 5.. �)
i406) j 55-' ``28
1
Re: Manion Square (Lot 3, Kalispell Market Place, Phase III, Sections 7 & 8, Township 28
North, Range 21 West, P.M., M., Flathead County, Montana.
Enclosed is the Final Plat application for Manion Square. Waiver of Preliminary Plat Approval
was granted on June 6, 2012. The conditions of approval have been met as follows:
That the final plat is in substantial compliance with the preliminaryplat that was
waived.
2. The 20 foot easement reserve for future right-of-way acquisition noted on the
preliminary plat shall be dedicated to the city.
'The dedication to the city is on the plat both in the Certificate of Dedication
r shown or the drawing.
3. A note shall be placed on the Final plat stating that if the railroad tracks are
removed and the railroad easement is abandoned the 12 %Z foot easement shall
revert to a pedestrian/bike easement and transferred to the city at such time the
city constructs a pedestrian/bike trail on the easement.
The note is on the face of the final plat.
4. The existing cross easement agreement for the private access road (recording
numner 9525012460) for access and maintenance of the private road shall be
amended to reflect the two lots of this subdivision. The signed amended
agreement shall be submitted with the final plat application and filed after final
plat approval.
A municipal facilities exemption shall be obtained from the Montana Department
of Enviromnental 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 shoNvn on the
Final plat.
The municipal facility exemption will be forwarded upon receipt. All utility
easements are within the street. No new easements were added.
6. All new utilities shall be installed underground.
This note is on the face of the final plat.
7. This waiver of preliminary palt approval is valid for three years and will expire in
June 6, 2015.
If you have any question please do not hesitate to call our office.
Sincerely,
Brandi J. Eaton
Marquardt & Marquardt Surveying, Inc.
Montana Department of
Brian Schweitzer, Governor
EDNTIR,RONVENTALQUAUTYRichard H. Opper, Director
P.O. Box 200901 a Helena, MT 59620-0901 a (406) 444-2544 e www.deq.mt.gov
July 19, 2012
Brandi J Eaton
Marquardt & Marquardt Surveying
201 3rd Ave West
Kalispell MT 59901
RE: Manion Square
Municipal Facilities Exclusion
EQ# 13-1053
City of Kalispell
Flathead County
Dear Ms Eaton;
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,
Janet Skaarland
Compliance Specialist
Subdivision Section
(406) 444-1801 — email iskaarland cz,mt. ov
cc: City. Engineer
County Sanitarian
file
Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division
A. On August 4, 1995, Darrel R. Martin ("Martin"), James E. Chase ("Chase"), and
Glacier Bank ("Glacier") entered into a Cross -Easement Agreement for ingress, egress and
utilities, recorded September 7, 1995, as Reception No. 95250 12460, in the records of Flathead
County, Montana, (the "Easement").
B. The Easement benefits and burdens certain property located in Flathead County,
Montana known as Kalispell Market Place — Phase III, according to the map or plat thereof on
file and of record in the office of the Clerk and Recorder of Flathead County, Montana.
C. Kalispell Market Place — Phase III contained three (3) lots. Martin was the owner
of Lot 3 of Kalispell Market Place — Phase III, Glacier was the owner of Lot 2 of Kalispell
Market Place — Phase III, and Chase was the owner of Lot 1 of Kalispell Market Place — Phase
III.
D. Martin sold, transferred, and assigned all his right, title and interest in Lot 3 of the
Kalispell Market Place — Phase III, to Martin Family Limited Partnership ("MFLP").
E . MFLP has subdivided Lot 3 of Kalispell Market Place — Phase III Subdivision,
into two newly created lots, legally described as follows:
Lots 1 and 2 of Manion Square, according to the map or plat thereof on file and of
record in the office of the Clerk and Recorder of Flathead County, Montana.
F. MFLP wishes to enter into this Agreement to set forth the rights and duties of
Lots 1 and 2 of Manion Square under the Easement.
I. Recitals. The above Recitals are deemed true and are incorporated herein.
1209781
II. Maintenance. Section 5 of the Easement addresses the maintenance
obligations of the parties. It provides that Lot 3 is to bear 41 % of the cost of all maintenance,
improvement and repair of the roadways. The maintenance obligations under the Easement are
modified but only as they pertain to Lot 3. Therefore, the 41 % maintenance obligation of Lot 3
shall be equally divided so that Lot 1 of Manion Square shall bear 20.5% of the cost, and Lot 2
of Manion Square shall bear 20.5% of the cost of the roadways.
III. Benefits and Burdens. The benefits and burdens of this Agreement shall run
with the land and shall be deemed conveyed to the successors and assigns of MFLP.
IV. Other Terms. Except as specifically modified by this Agreement, all other terms
and conditions of the original Easement remain in full force and effect. Any reference in the
Easement to Lot 3 shall mean both Lots 1 and 2 of Manion Square and such Lots 1 and 2 of
Manion Square shall share equally in all other burdens and benefits under the Easement.
MARTIN FAMILY LIMITED PARTNERSHIP
BY: DARREL MARTIN LLC
ITS: General Manager
BY
NAMC_-.�er=sfty' Martin )61ot7
ITS: Member -Manager
Dated: ! c� 2-`, z_
STATE OF MONTANA )
) ss.
COUNTY OF FLATHEAD )
On this / 0 day of 5�� ��� , 2012, before me, a Notary Public in and for
said State, personally appeared Theresa Lynn Martin Chabot, as Member -Manager of Darrell
Martin LLC, General Manager of Martin Family Limited Partnership, and acknowledged to me
that he executed the same pursuant to the power and authority vested in him.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal as
of the day and year first above written.
(K Gqq ASHLEY K GRASSA
z �'�OTARIq� •e
NOTARY pUSLIC for the
State of Montana
`—�G
Notary Public
*
s'"AFOFc
Residing at Kalispell, aniana
Y ion
Residing at: d
��®�
My Commission Expires: tom. i
1209781
INSURED Taus
Fooff.m-
FILE NUMBER: 416278-FT
SELLER: Martin Family Limited Partnership
BUYER: Kalispell Land Company, LLC
PROPERTY: 219 E Center St, Kalispell, MT 59901
w
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=w
City of Kalispell ATT: Sean Conrad
201 First Ave East
Kalispell, MT 59901
INSURED TITLES
Insuredi/ s
44 4th Street West/P.O. Box 188, Kalispell, MT 59901
Phone(406)755-5028 - Fax(406)755-3299
Escrow Officer: Tanya Jackson - tjackson@insuredtitles.com
Title Officer: Andrea Reum - areum@insuredtitles.com
To: Johnson Berg McEvoy Rostock Order No.:416278-FT
221 1st Ave. East
Kalispell, MT 59901
Attention: Sarah Simkins
Your Reference:
Re: Property Address: 219 E Center St, Kalispell, MT 59901
Form 5011000 (8/1/09)
ALTA Plain Language Commitment (6-17-06)
�y Title Insurance Commitment
First American .f itle BY
First American Title Insurance Company
Commitment
INFORMATION
The Title Insurance Commitment is a legal contract between
you and the Company. It is issued to show the basis on
which we will issue a Title Insurance Policy to you. The
Policy will insure you against certain risks to the land title,
subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if
you ask.
This Policy contains an arbitration clause. All arbitrable
matters when the Matter of Insurance is $2,000 000 or less
shall be arbitrated at the option of either the company or
you as the exclusive remedy of the parties. You may review
a copy of the arbitration rules at.http://www.alta.orci/.
The Commitment is based on the land title as of the
Commitment Date. Any changes in the land title or the
transaction may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions
and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE
INSURANCE COMMITMENT, YOU SHOULD READ THE
COMMITMENT VERY CAREFULLY.
If you have any questions about the Commitment contact,
FIRST AMERICAN TITLE INSURANCE COMPANY
1 First American Way; Santa Ana, CA 92707.
TABLE OF CONTENTS
AGREEMENT TO ISSUE POLICY
1
CONDITIONS
2
SCHEDULE A
Insert
1. Commitment Date
2. Policies to be Issued, Amounts
and Proposed Insureds
3. Interest in the Land and Owner
4. Description of the Land
SCHEDULE B-I — REQUIREMENTS
Insert
SCHEDULE B-II — EXCEPTIONS
Insert
AGREEMENT TO ISSUE POLICY
We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your
name as the proposed Insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in
Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our
obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is
issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
• The Provisions in Schedule A.
• The Requirements in Schedule B-I.
• The Exceptions in Schedule B-II.
• The Conditions on Page 2.
This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.
FirstAmerican Title Insurance Company
5 SEPT€MBER 24, �
• d 1S66
Dennis J. Gilmore
----- President
Timothy Kemp
Secretary
(This Commitment is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in
good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
�1w 6: i,
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title
records that give constructive notice of matters affecting your title according to the state statutes where your land is
located.
The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that
appear for the first time in the public records or are created or attached between the Commitment Date and the date
on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you
because of this amendment.
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend
Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable
to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing.
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our
liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to:
or
Comply with the Requirements shown in Schedule B — Section I
Eliminate with our written consent any Exceptions shown in Schedule B — Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is
subject to the terms of the Policy form to be issued to you.
Any claim, whether or not based on negligence, which you may have against us concerning the title to the land
must be based on this Commitment and is subject to its terms.
Form 5011000-A (8/1/09)
ALTA Plain Language Commitment (6-17-06)
Schedule A
`4rTitle Insurance Commitment
First Arneriean Title,
BY
First American Title Insurance Company
Schedule A
File No.: 416278-FT
1
0
THIRD COMMITMENT
Commitment Date : April 10, 2012 at 7:30 A.M.
Policy or Policies to be issued:
X ALTA Standard Owner's Policy of Title Insurance
(6-17-06)
ALTA Homeowner's Policy of Title Insurance
(rev. 1-1-08)
(Premium amount reflects $no available credit)
Proposed Insured:
Kalispell Land Company, LLC
x ALTA Standard Loan Policy of Title Insurance
(6-17-06)
(AS TO LOT 1 ONLY)
(Premium amount reflects $no available credit)
Policy Amount Premium Amount
$ 810,000.00 $ 2077.00
$ 225,000.00 $ 40.00
Proposed Insured:
Martin Family Limited Partnership, its successors and assigns, as their interests may
appear, as defined in the paragraph entitled "Definitions of Terms" contained in this
Policy.
3. A fee simple interest in the land described in this Commitment is owned, at the Commitment
Date, by:
Martin Family Limited Partnership
4. The land referred to in this Commitment is described as follows:
LOTS 1 AND 2 OF MANION SQUARE, AN UNRECORDED SUBDIVISION PLAT.
Commonly known as: 219 E Center St, Kalispell, MT 59901
f
By:
Authorized Countersignature
(This Schedule A valid only when Schedule B is attached.)
Form 5011000-BI (8/1/09)
ALTA Plain Language Commitment (6-17-06)
Schedule BI
ag W Fq,r Title Insurance Commitment
kh First Arner1can 7j"t]C BY
First American Title Insurance Company
Schedule BI
REQUIREMENTS
File No.: 416278-FT
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
(b) Pay us the premiums, fees and charges for the policy.
(c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured
must be signed, delivered and recorded.
(d) You must tell us in writing the name of anyone not referred to in this Commitment who will get
an interest in the land or who will make a loan on the land. We may then make additional
requirements or exceptions.
(e) Release(s) or Reconveyance(s) of items(s) .
(f) If any document in the completion of this transaction is to be executed by an attorney -in -fact,
the Power of Attorney must be submitted for review prior to closing.
(g) You must give us the following information:
1. Any off record leases, surveys, etc.
2. Statement(s) of identity, all parties.
3. Other.
(h) We require the attached Seller/Borrower Affidavit be completed prior to recording.
(i) We require an Subdivision Plat be filed with the county clerk and recorder.
Form 5011030-BII(8/1/09)
ALTA Plain Language Commitment (6-17-06)
Montana - Schedule BII
Title Insurance Commitment
First drier c 11tj& BY
- First American Title Insurance Company
Schedule BII
EXCEPTIONS
File No.: 416278-FT
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction.
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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could
be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title
including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that
would be disclosed by an accurate and complete land survey of the land, and that are not shown
in the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted
under (a), (b), or (c) are shown by the public records.
6. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished,
imposed by law and not shown by the public records.
7. Any right, title or interest in any minerals, mineral rights or related matters, including but not
limited to oil, gas, coal and other hydrocarbons, sand, gravel or other common variety materials,
whether or not shown by the public records.
8. 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 as
depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead
County.
2012 taxes are an accruing lien, not yet payable.
10. Any rights or claims of the United States of America, City of Kalispell, Flathead County, or other
third party claimants to that portion of the above described property falling within the original
right-of-way of the St. Paul, Minneapolis and Manitoba Railway Co. (now known as Burlington
Northern Railroad Co.), as described in deed recorded October 3, 1892, in Book 1, Page 259.
11. The existence of any reversionary interest, possibility of reverter, power of termination, right of
first refusal, or similar interest, of the United States of America, or any other person or entity in
that portion of said land lying within the right-of-way granted to the railroad by the United
States.
12. Easement for highway purposes granted to State of Montana, recorded September 28, 1981 in
Book 724, Page 777 as Instrument No. 13639.
Supplemental Agreement to Easement executed by Burlington Northern Railroad Company,
recorded July 10, 1983, in Book 772, Page 285, as Instrument No. 10362.
13. Provisions and Reservations in deed by and between Burlington Northern Railroad Company and
Great Northern Railway Company, recorded December 11, 1984 as Instrument No. 84-346-09500
Modification of Reservation in Deed recorded May 14, 1990 as Instrument No. 90-134-16210.
14. Intentionally deleted on June 28, 2012
15. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed on the recorded plat of Kalispell Market Place -Phase
III, 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).
16. Cross -Easement Agreement upon the terms, conditions and provisions contained therein:
Parties: Darrel R. Martin, James E. Chase, and Glacier Bank FSB
Recorded: September 7, 1995, as Instrument No. 95-250-12460
17. Easement for the use, maintenance, repair, rehabilitation and replacement of the existing 4"
sewer line granted to Glacier Bank FSB, recorded January 3, 1996 as Instrument No. 96-003-
16400.
18. Easement Agreement upon the terms, conditions and provisions contained therein:
Parties: Darrel R. Martin, Patricia E. Martin, Glacier Bank, FSB and the City of Kalispell
Recorded: January 17, 1996, as Instrument No. 96-017-16310
19. Resolution No. 4852 executed by the City of Kalispell for business improvement district, recorded
January 26, 2004 as Instrument No. 2004-026-16000.
20. Unrecorded leaseholds; rights of parties in possession, rights of secured parties, vendors and
vendees under conditional sales contracts of personal property installed on the premises
herein, and rights of tenants to remove trade fixtures.
INFORMATIONAL NOTES
A. In addition to standard County recording fees, an electronic filing fee of $5.00 per
document may be charged.
First American
Privacy Information
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 information we have obtained
from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines
that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other
means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your
information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We
may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any
internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and
investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies.
Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of
our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal Information
about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and
oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair
Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal
information.
Information Obtained Through Our Web Site
First American 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 telling 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 best
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 Relationships
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 disseminate. Where 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 products 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. We 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 Corporatlon)
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Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: Marquardt Surveying
FOR: Martin Family LP DATE: 06/20/2012
DESCP : Manion Square PURPOSE: Subdivision
(Lot 3 of Kalispell Market Place
Phase III in 7 & 8 of 28-21)
YEARS ASSESSOR #
2008 thru 2011 0983360
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.
ja J c9.
r 0 2 2012 Deputy reasurer
(seal)
OWNER/ FOR: Subdivision Plat of
FOR: MARTIN FAMILY LIMITED PARTNERSHIP
PURPOSE: SUBDIVISION MANION SQUARE
DATE: JUNE13.2012 (Being an Amended Plat of Lot 3, Kalispell Market Place - Phase 111)
SEl/4 of the SEl/4 of Section 7 & SW1/4 of the SWl/4 of Section 8, T28N R21VV, P.M., M.
Flathead County, Montana
l N13'38'S9-W /
'12.51'---� N7615. 59 EI \
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J,14 o lNO. 95 250-t2460
�—. -- 6;5•t]a8 L=t lt�NP� — ENkENT
a-33.24- R=1860.00' I /
300.61' i — 25' RAILROAD EASEMENT
O
0
- u• LOT 2 �.
lu
iv--------------- 0.982 Acre
TS - /
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SP/ / LOT I
tj 0.982 Acre
("otL Lot 2
a6S
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(� vS� / HELD RECORD ANGLE PER PLAT OF
KALISPELL MARKET PLACE - PHASE III
/
/
q0 IRECi 33195 FOUND HOT
/ v]6'10 43�E
B FOUND 5/8' REBAR WITH PLASTIC CAP MARKED'SWAN 95255'
p FOUND 2' ALUMINUM CAP BY'45235'
0) FOUND 1/2' REBAR WITH PLASTIC CAP MARKED 'SANDS 7975S-
0 FOUND CENTERLINE INTERSECTION MONUMENT AS NOTED
O SET 5/8' BY 24' REBAR WITH PLASTIC CAP MARKED'MARQUARDT 7328V
X CHISELLED W IN CONCRETE
NOTE:
NOSEARCH HAS BEEN MADE FOR EASEMENTS AFFECTING THIS PROPERTY AND
THIS SURVEY DOES NOT PURPORT TO SHOW ALL APPURTENANT EASEMENTS.
9
C—fJt 3 � t t t
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yJ,E15PflL HE y
THE CTSYOF }65.9b
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FOUND'X' IN
SCALE: 1' - iCr
0 by
CERTIFICATE OF DEDICATION
MARTIN FAMILY LIMITED PARTNERSHIP, the undersigned Property owner does hereby certify that It has caused to be survryed, subdivided and platted
into lots and streets as shown by the plat hereto annexed, the following described land situated In the City of Kalkpeil. Montana, to-wih
Lot 3, Kalispell Market Platt -Phase Ill in the Southest V' of the Southeast ts of Section 7 and the Southwest''/a of Section 8. Township 28 North, Range 21
West, P.M.. M.. Flathead County, Montana, containing 2.134 acres of land all as shown hereon.
Subject to and together with easements of record.
Subject to and together with easements as shown hereon.
The above described tract of tend Is to be known and designated as MANION SQUARE. and the land[ included In the 20 foot easement reserved for
future dght-of-way as shown on said plat are hereby granted and donated to the use of the public forever.
The undersigned hereby grants unto each and every person. fine or corporation, whether public or pdvate, providing or offedng to provide telephone.
telegraph, electric power, gas. cable televiflon, 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. order. and across each area designated on this plat as'Utility Easement• to
have and to hold forever.
Dated this _day of .20
MARTIN FAMILY LIMITED PARTNERSHIP. BY DARREL MARTIN U.C. its General Menage,
TERESA LYNN MARTIN CHABOT, MEMBER MANAGER
STATE OF
County of
TIN, Instrument was acknowledged before me on , 200 .
by TERESA LYNN MARTIN CHABOT. MEMBER -MANAGER of DARREL MARTIN LLC. General Manager of MARTIN FAMILY LIMITED PARTNERSHIP.
Printed Name:
Notary Public for the State of
Residing at
My Commission Expires
CERTIFICATE OF FINAL PLAT APPROVAL -CITY:
The City Coundl of the Clty of Kalispell. Montana, does hereby certify that it has examined this subdivision plat and. having found the same conforms to
I.- approves 11. and hereby accepts the dedication to public use of any and all land as shown on this plat at being dedicated to such use this _ day of
.20_ at .Nock. Parkland Dedication it exempt per Section 764.621(3)(d), MCA.
Mayor City Clerk
CERTIFICATE OF CITY ATTORNEY:
1. . City Attorney for the City of Kalispell. Montana. do hereby certify that i have examined the Certificate of Title, Issued by a
licensed title company, attached hereto, of land described in the Certificate of Dedication of the annexed plat of Manion Square, in the city of Kalispell.
Montana and find that the owners in fee simple of record have consented to platting of said subdivision.
Dated this_ day of.__.. ,200 .
City Attomay
Notes: if the railroad tracks are removed and the railroad easement abandoned, the 121A foot easement shall revert to a pa h-n—bl e
easement and transferred to the city at such a time the city constructs a pedestrian/bike trail on the easement.
All new uhiilles shall be installed underground.
Approved: ,201
Examining Land Surveyor
Registration No. 54285
CERTIFICATE OF SURVEYOR
DAWN MARQUARDT Data
Registration No. 73285
STATE OF MONTANA
County of Flathead
Filed on the _ day of , 201. A.D.. at o<iock
County Clerk and Recorder
By:
Deputy
Instrument Record No.
SPARROW CENTER