04. Final Plat Approval - Parkview Terrace, Lot 58Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
REPORT TO:
FROM:
SUBJECT
MEETING DATE:
Phone: (406) 758-5980
Fax: (406) 758-5781
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner, FRDO
Chris A. Kukulski, City Manager
Final Plat Approval for the Amended Plat of Lot 58,
Parkview Terrace Addn. No. 1 - A two lot residential
subdivision
May 17, 1999
BACKGROUND: Preliminary plat approval was waived on November 17, 1998 by
the Flathead Regional Development Office for this two lot residential subdivision
because it meets the criteria for preliminary plat waiver provided for under the
Kalispell Subdivision Regulations and State subdivision statutes. This subdivision
takes an existing condominium duplex and creates two townhouse lots with the
property boundary running through the common wall of the building. Each lot will be
conveyed separately. The property is located on the east side of Harrison Blvd. and
north of Indian Trail in the north part of Kalispell and is zoned R-4, Two Family
Residential.
RECOMMENDATION: Because all of the conditions have been met or otherwise
adequately addressed, the staff is recommending that the city council approve the
final plat for this subdivision.
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by the city council.
`24 I& C"-
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: May 11, 1999
Attachments: Letter reviewing conditions of approval
Staff Report KWP-99-1, Findings of Fact
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
May 12, 1999
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59901
RE: Final Plat Approval for the Amended Plat of Lot 58, Parkview Terrace Addn. No. 1
Dear Chris:
Our office has received an application from the Marquardt Surveying for final plat
approval for the above referenced subdivision. This is a two lot residential subdivision
whereby the property owner is taking an existing duplex and creating two townhouse
lots with the property boundary running through the common wall of the residences.
The property is located on the east side of Harrison Blvd and north of Indian Trail in the
north part of Kalispell. The property is zoned R-4, a Two Family Residential zoning
district which allows the creation of sublots as proposed.
Our office waived the preliminary plat subject to five conditions on November 18, 1998
because it has been found that the subdivision can meet the criteria for preliminary plat
approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations.
Specifically, it can be found that the following conditions exist::
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 the subdivision regulations.
4. Each lot has a suitable building site and there are no environmental hazards
present.
S. Municipal sewer and water are adequate and in place.
6. The subdivision complies with the subdivision regulations and current zoning
regulations
7. No significant effects are anticipated on agriculture and agricultural water user
facilities, local services, the natural environment, wildlife and wildlife habitat and
the public health and safety.
The City Council will need to adopt findings of fact for approval found in attached staff
report KWP-99-1 concurrent with the final plat approval. The following is a list of the
conditions of approval and a discussion of how they have been met.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Final Plat for Amended Plat of Lot 58, Parkview Terrace Addn. No. I
May 12, 1999
Page 2
COMI?LIANCE WITH CONDITIONS OF APPROVAL
Condition No. 1. The subdivision shall comply with Chapter 3 of the Kalispell
Subdivision Regulations. In lieu of street improvements, the subdivider shall waive
protest to the creation of an SID to upgrade Harrison Blvd. to comply with Kalispell
Standards for Design and Construction.
• This condition has been met. A note has been placed on the face of the final plat
stating that owners agree to waive protest to an SID to upgrade Harrison Blvd. to
City standards.
Condition No. 2. The sublot boundary shall be placed along the common wall of the
duplex.
• This condition has been met. The boundary has been placed accordingly and a
party wall agreement recognizing and granting a mutual easement for repair and
maintenance has been submitted with the final plat.
Condition No. 3. Obtain and comply with a building permit such that the conversion
of the existing building to townhouses meets the requirements of the Uniform Building
Code.
• This condition has been adequately addressed. A letter from the City Attorney's
Office dated January 13, 1999 recognizing the party wall agreement as satisfying
this condition for creation of a townhouse lot for construction purposes has been
included with final plat application.
Condition No. 4. Sewer and water facilities shall be approved by the City of Kalispell
Public Works Department and the MDEQ.
• This condition has been adequately addressed. A letter from the City Attorney's
Office dated February 2, 1999 grants and exception to the requirement for separate
services to each dwelling. A letter dated February 8, 1999 from the MDEQ stating
that this subdivision complies with the requirements of their department have been
fulfilled has been submitted with the final plat.
Condition No. S. This waiver of preliminary plat approval is valid for a period of three
years and shall expire on November 17, 2000.
• This condition has been met. The final plat was submitted prior to the expiration of
the preliminary plat approval.
Final Plat for Amended Plat of Lot 58, Parkview Terrace Addn. No. I
May 12, 1999
Page 3
COMPLIANCE WITH APPROVED PRELEM NARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in substantial compliance with the State
and City Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision has been found to be in compliance with the Kalispell Zoning
Ordinance and the R-4, Two Family Residential zoning designation on the property.
Z4 D •
All of the conditions of preliminary plat approval have been adequately addressed.
The Flathead Regional Development Office recommends that the Kalispell City
Council adopt the attached staff report KWP-99-1 as findings of fact and approve the
final plat for the Amended Plat of Lot 58, Parkview Terrace Addition No. 1
Please schedule this matter for the next regular City Council of May 17, 1999 You
may call me at (406)758-5980 if you have any questions regarding this subdivision.
Sincerely,
Narda A. Wilson, AICP
Senior Planner
t�l
Attachments: 1 opaque mylar
1 reproducible mylar
1 blueline
Staff Report KWP-99-1
Letter from Marquardt Surveying dated 4/30/99
Final plat application
Letter from FRDO for pre plat waiver dated 11 / 18 / 98
DEQ approval #E.Q. #99-2083 dated 2/8/99
Letter from CA Office dated 1 / 13/99
Letter from CA Office dated 2/2/99
Party Wall Agreement dated 4 / 28 / 99
Removal of Property from Unit Ownership Act dated 3/ 12/99
Final Plat for Amended Plat of Lot 58, Parkview Terrace Addn. No. 1
May 12, 1999
Page 4
Title Report from First Am Title dated 1 / 2 5 / 99
Consent to Plat from Source One Mortgage Svs dated 2/26/99
Treasurers Certification
Location Map
c: Marquardt Surveying, 285 First Ave. E.N., Kalispell, MT 59901
Eleanor Carlson, 3710 West St. Germain, St. Cloud, MN 56301
Theresa White, Kalispell City Clerk
H:\...\KWP-99-1
AMENDED PLAT OF LOT 58 Pt-'-IAKVIEW TERRACE ADDITION NO. N2
FRDO SUBDIVISION REPORT #KWP-99-1
REVIEW
f FINDINGS OF
u
A report to the Kalispell City Council for findings of fact for a two lot residential
subdivision. Preliminary plat approval for this minor subdivision was waived
on November 17, 1998, subject to five conditions and compliance with the
Kalispell City Subdivision Regulations.
BACKGROUND This is a two lot residential subdivision which will effectively
subdivide an existing lot which has a duplex unit into two townhouse lots for
the purpose of conveying each unit and associated property separately.
A. Applicant: Eleanor Carlson
3710 West St. Germain
Saint Cloud, MN 56301
(320)529-0265
C.
Technical Assistance:
Location:
Marquardt Surveying
285 First Avenue E.N.
Kalispell, MT 59901
(406)755-6285
The subdivision is located on the east side of Harrison Blvd. Just north
of Indian Trail Road in north Kalispell. The property can be described as
Lot 58, Parkview Terrace No. 1 in Section 6, Township 28 North, Range
21 West, P.M.M., Flathead County.
Size:
Total area: 0.190 acres
Lot 1: 0.104 acre
Lot 2: 0.086 acres
D. Existing and Adjacent Land Uses:
Currently this property has a duplex on the property which will be
divided using the common wall of the building and associated property
on either side. Most of the uses in the area are either single family
homes or duplexes. Zoning in the area is a mix of R-3, single family to
the north and west. To the south is the Buffalo Commons PUD. To the
east the zoning is RA-1, which allows low density apartments and single
family homes.
E. Zoning:
The property is located in an R-4, Two Family Residential zoning district
which allows single family homes and duplexes as permitted uses. This
district also allows the creation of sublot with a minimum lot size
requirement of 2,500 square feet per lot. The subdivision complies with
the R-4 zoning requirements.
F. Relation to Master Plan Map:
The property is designated as Urban Residential on the Kalispell City -
County Master Plan Map which anticipates a density of two to eight
dwellings per acre. This subdivision is in substantial compliance with
that master plan designation.
G. Utilities:
Water and Sewer:
Electricity:
Telephone:
School:
Police:
Fire Protection:
City of Kalispell
Pacific Power and Light
PTI Communications
School District #5, Kalispell
City of Kalispell
City of Kalispell
REVIEW AND FINDINGS OF FACT
This application is reviewed as a minor subdivision in accordance with
statutory criteria and the Kalispell Subdivision Regulations.
A. Effects on Health- and Safety:
Fire: The area is anticipated to be at low risk from wildfire due to the
urban location, lack of woody fuel and good access to the site. The
proposed subdivision is not expected the significantly impact the service
provided by the district.
Vegetation and topography: The site does not have significant native
vegetation. The property is relatively flat and has historically been used
for residential purposes.
B.-- Effects on Wildlife and Wildlife Habitat:
The proposed subdivision is not mapped big game habitat winter range
and does not appear to provide habitat to significant wildlife other than
some birds and small animals.
C. Effects on the Natural Environment:
The subdivision is currently served by City of Kalispell water and sewer.
No impacts on the natural environment appear to be related to the
subdivision of this property and there is not surface water in the area.
D. Effects on Local Services:
Sewer and Water: The City of Kalispell currently provides water and
sewer service to the newly created lots. No additional or significant
impacts are anticipated to the City with regard to water and sewer
services as a result of the creation this subdivision.
Roads: Access to the site is provided directly from Harrison Blvd., a City
owned and maintained roadway in relatively good condition. No
improvements to the roadway are anticipated to be needed as a result of
this subdivision.
Schools: This property is within the boundaries of School District #5,
Kalispell. This subdivision is anticipated to create no additional school -
age children for this district since this is an already developed site.
Parks: Parkland dedication is not required for minor subdivisions.
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: Refuse disposal will be provided by the City of
Kalispell. The proposed subdivision is not expected to impact the
landfill.
Medical Services: Emergency medical service is provided by the Kalispell
Regional Hospital; Ambulance and Life Flight services are also available.
E. Effects on Agriculture:
This is within a highly urban area of Kalispell which has continued to
grow. This subdivision will not have an impact on agriculture in the
Valley.
3
G. 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 2.06 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 is 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.
RECOMMENDATION
Staff recommends that the Kalispell City Council adopt Staff Report KWP-99-1
as findings -of -fact for the proposed subdivision and approve the final plat.
REPORTS\ 1999\KALSPELL\KWP99-1
4
Marquardk T Marquardt
Surveying Inc
PLANNING • SURVEYING • SUBC)MSK)NS
APPLICATION MATERIAL
2851s# AVE EIN.
KAUSPEII, MONTANA 59901
(406) 755-6285
Fax (406) 755-3055
,—
l 30.190
APR 3 0 1999 ,
F. R. D. Q
RB: _Lot 3k Px&-viw Teaaoe Additim No. 1
Dar W kntx
bwkwd is do Final Plat wfica tion for Lot 38, Patviow Team Adddon No. 1. C,oneimal
spgvW was gtanlod on November 17,199& the 000&tw r of app mmd Bays boon mei as
SAME
1. Tw subifivision shall compy wig Ch%) or 3 of the EatiapoR
SuMvisionRegWadom In lien of olve t b. to
anbidvidw she$ waive pxoioet to tba a ldM of an SID to npg"
Hwwon Blvd io comply wig Sabspdt 3tandkffda %c Design and
Noted on Find Plat
2 The w lot bom&q shall be placed alaeg the cocoon oval! of the
The Pasty Wag Agmema t is aaoloeed
3. Obtain and ci mpiy with a bm^k%g permit such do ft oonvleraion
of the dams ft building to tolwahmu meets the I lot&*
Unifi m g Code.
AffmoM Nader is anloom&
A. U . U
CITY/COUNTY���
D'INAL PLAT APPLICATION
p 3 Q M9 -
Subdivioion Names L a+ ,s ; sn.,� t�:r .�, If rrc:cr.
Contact Person: Owner;
Nam I5c,h �ie�r,o•- 3. C6.1Sg+.
Address _3 7/O west St. ..\ cyc_j,,� oj>-� g2 i` spo I
5*. C\Q',l1. nn ,N - 563o1 A_ A,, G ,,sQn
Phone No. Sao `i - oa 6 s 3oS l «n x 31..i. ka )u I MT- y-140
Date of Preliminary Plat Approvals /�Jr,ve.,.1 1$� it19F' .
Type Subdivision: Residential ZC Induotrial _ Commercial _ PUD _ Other
No. of Lots Proposed_ Parkland:
Land in Lots (ac.) 0,110 Land (no.)
Cash -in -lieu $
ExeWt
PILING FBI; ATTACHED o Hole. Minor Subdivision - $200 + $10/lot
Major Subdivision - $300 + $10/lot
Prel. Plat waived - $400 + $10/lot
Not
Mated jig i cable
(I��g M91
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification (Property tares must be paid)
✓ Consent(s) to Plat (Originals and notarized)
Sub. Improvements Agreement (attach collateral)
Parkland Cash -in -Lieu (Ctreck attached)
Covenants (Original signature provided)
Homeowners; By-Lava/Articles of Incorporation (Originals)
Plats: i opaque cloth back (hard back)
2 mylar copies
3 bluelines
Plat must be signed by all owners of record. Cite surveyor and examining land surveyor. J
Attach a letter which lists out condition of preliminary plat approval aud individually
state how each condition has specifically been met. In caaea where dDcmentation is
required, such as an angineW a certification, Btate Department of Health certification,
etc., original shall be sutamltted• Blanket otatemento atating, for example, "all
improvements are in place" are not acceptable.
A Oomplete final application must be submitted no lase than 30 days prior to expiration
date of prblLsinary plat.
When au final plat materials are submmitted to the Y.R.D.O. and the ataff finds the
application is complete, the staff will submit a report to the govirsiN body. The
governing body must act within 30 days of receipt of the final 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 mocesaitate re-»
conaideration by the Planning Board.
I certify that all information submitted is true, accurate and complete. I vaderetand that
Incomplete information will not be accepted and Usat false information will delay the
application and stay invalidate any approval.
t
k
If-30-4f t
Data
Owcser e) 8 gnature Canso•.
THIS AGREEMENT is made and entered into by and between Diane R.
Anfenson, the owner of Unit A of Parkview Condominiums, and Eleanor B. Carlson,
the owner of Unit B of Parkview Condominiums, hereinafter jointly referred to as
.Owners'
The two Condominium Units A and B are located on Lot 58 of Parkview
Terrace Addition No. 1, according to the map or plat thereof, records of Flathead
County, Montana, and as evidenced by the Owners signatures hereon, they hereby
acknowledge that they have received preliminary subdivision approval to convert
Condominium Units A & B to Townhouse Lots 58A and 58B of Parkview Terrace
Addition No. 1.
The Owners expressly recognize and agree that the boundary between Lots
58A and 58B is the common wall of the existing condominium building, which is a
wall of not less than one hour fire resistive rating which is acceptable for multi -family
dwelling units; and therefore, is hereby dedicated 'as built' and 'as is' as the
common party wall between subdivided Lots 58A and 58B of Parkview Terrace
Addition No. 1.
The Owners expressly dedicate said party wall and grant a mutual easement
running with and appurtenant to lots 58A and 58B. This easement is for repair and
maintenance of said party wa l and mutual access therein to install, repair and
maintain any utilities k>cated therein, including but not limited to, electrical, plumbing
and heating.
DATED this R J?_ day of (Rc , 19�.
Diane R. Anfens , Owner of Unit A
i 3 . 0�.
E eanor B. Carlson, Owner of Unit B
STATE OF MONTANA
County of Flathead
On this_ j" _ day of
the State of Montana
person whose
she executed
:SS.
U)K before me, a Notary Public for
ly appeared Diane R. Anfenson, known to me to be the
.ALalto the within instrument and acknowledged to me that
s� No Publ' to of Vontana
(SEAL) OF ihr9 Montana
My fires: - I - CCU
A l'ININeso1-}
STATE OF MeNTM4A )
sTEVd(, S :SS -
County of f4a#fi ead )
On this day of ► i , 1991 before me, a Notary Public for
the State o personall appeared Eleanor B. Carlson, known to me to be the
person whose name subscribed to the within instrument and acknowledged to me that
she executed the same.
GINA M. KRAUS ' � .
a NOTARY FudM . UNNEM/""
cfor the SMtaM�t of Mentaoa
ry comet. E%n►10�
(SEA sp. ,..,. oti, Residing at S7t -GLOMARt�Fia jf(/j1I(JC?d/
My Commission expires:
REMOVAL OF PROPERTY FROM UNIT OWNERSHIP ACT
As evidenced by their signatures hereon, Diane R. Anfenson, the owner of
-----r- - Unit A of Parkview Condonuniums, located on Lot 58 of Parkview Terrace Addition
r
No.1, according to the records of Flathead County, Montana, and the signature of
Eleanor B. Carlson, the owner of Unit B of ParlMew Condominiums, located on Lot
58 of ParWm Terrace Addition No.1, according to the records of Flathead County,
Montana.
They hereby, pursuant to §70-23-801, MCA, remove said Unit A and Unit 8 -
from the Declaration of Unit Ownership of Parkview Condominiums romrded
August 17, 1989, as Document No. 89-229.10500, records of Flathead County,
Montana, and further they remove said Unit A and Unit B of Parkview
Condominiums from the provisions of the Montana Unit Ownership Act, MCA, Title
70, Chapter 23.
DATED this _L-1 day of !�J!LLA' 1999.
Eleanor B. Carlson, Owner of Unit B
Pursuant to §70-23-801, MCA, the undersigned Source One Mortgage
Services, Inc., is the Lienholder on Parkview Condominium Unit A and as
evidenced by its signature hereon. consents to fhe removal of Unit A from the
recorded Condominium Declaration and the provisions of the Montana Unit
Ownership Ad, provided that this consent does not extinguish the lien as said lien
will survive as a lien against the property to be described as Lot SBA.
DATED this 26th day of February
SOURCE ONE MORTGAGE SERVICES, INC.
Nancy B. Slavat, Associate Vice PBesident
f
' STATE OF MONTANA )
County of Flathead }
On this_?_ day of a r c_! . 194, before me, a Notary
Pubbc for the State of Montana, personally appeared Dime R. Anfenson, known to
me to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same.
cf Notary Public for the State of Montana
(SEAL) ResldrVall !,
My sloe _._3-h3-o�,
STATE OF MOW-ANA )
ofRafted-
On }as
this ,.Pay d� .199, before me, as Nottary Public for
ffm State of Montana, pemorially appeared Eleanor S. Carlson, known to me to be the
person whose name is subscribed to the wNW instrument and acknowWqed to me that
she exearted the same.
Notaiiy blic for the State of 440ptans I'll ►1 Y\RW
GINA M. lCRAt1$
My Comrilission 30 a
P:O.:.,. . ODLIC - ONNESM
My Comm. Exp. Jan. 31. X 0
STATE OF ivneMichi an
� ' )
Oakland :ss.
County offtWwW)
On this _26, jlay Of Februarl .1998, before me, a Notary Public for
the State of MOnft= personally appeared Nancy R. Savat _, known to me to be the
Assoc. veep F eO the corporation that executed this Instrurrtent or the persons who
executed the instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same.
Notary Public for ft Stat6 of UmMm Mich xga
{SEAL) PWOAVat Farmington Hills
My Cormiss pn expim Michigan
EDNA L PARRAN
NOIAAY PUBLIC, WAYNE COUNTY, MI
ACTING IN OAKLAND COUNTY, MI
MY COMMISSION EXPIRES NOV.14,1999
Hathead Regional Development Ufflice
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
November 18, 1998
Dawn Marquardt
Marquardt & Marquardt Surveying
285 1st Av. E.N.
Kalispell, MT 59901
RE: Waiver of Preliminary Plat Approval - Lot 58, Parkview Terrace Addition No. 1
Ior_--YM
This letter is in response to your request for waiver of preliminary plat approval on a townhouse
subdivision. The plat would divide into two sublots the existing condominium duplex on Lot 58
of Parkview Terrace Addition No. 1 in Kalispell. The property is in a city R-4 zoning district.
The lot is already fully developed. No significant adverse effects are anticipated on agriculture,
local services, the natural environment, wildlife, or public health and safety. Subdivision
regulations provide for a requirement to waive protest to an SID in lieu of actual street
improvements where a minor subdivision has access by an existing street.
Preliminary plat approval is hereby waived as provided for under Section 2.06 of the Kalispell
Subdivision Regulations subject to the following conditions:
1. The subdivision shall comply with Chapter 3 of the Kalispell Subdivision Regulations. In lieu
of street improvements, the subdivider shall waive protest to the creation of an SID to
upgrade Harrison Blvd. to comply with Kalispell Standards for Design and Construction.
2. The sublot boundary shall be placed along the common wall of the existing duplex.
3. Obtain and comply with a building permit such that the conversion of the existing building to
townhouses meets the requirements of the Uniform Building Code.
4. Sewer and water facilities shall be approved by the City of Kalispell Public Works
Department and MDEQ.
5. This waiver of preliminary plat approval is valid for three years and expires on November
17, 2001.
Waiver of preliminary plat approval does not constitute approval of the subdivision. Please
note that, for final plat approval, all requirements must be met per Section 2.07 and Chapter 3
of the subdivision regulations. If you have any questions, please call Steve Kountz at this
office.
Sincerely,
ri� 0'j-
Thomas R. Jentz
Planning Director
TRJ/SK/sm
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
M
DEPARTMENT OF ENVIRONMENTAL QUALITY
PERMITTING AND COMPLIANCE DIVISION
MARC RACICOT, GOVERNOR
STATE OF MONTANA
METCALF BUILDING
1520 E SIXTH AVE
3080 February 8,19" PO BOX 200901
'AX (406)444-1374 HELENA, MONTANA 5%20-0901
Marquardt & Marquardt Surveying
285 Id Ave EN
Kalispell MT 59901
RE: Parkview Terrace Add. No.1
Flathead County
E.Q.#99-2083
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 the Sanitation in Subdivisions Act, Title 76, Chapter 4, MCA 1995, and
the administrative rules, ARM Title 17, Chapter 36, Sub -Chapters 1, 3, & 6. Under 764-111(3), MCA, this
subdivision is not subject to The Sanitation in Subdivisions Act, and can be filed with the county clerk and
recorder.
Since this subdivision is in a master planned area, and has fulfilled the requirements of the master plan exclusion,
the plat can be filed. Please note, however, the requirements of the Public Water Supply Act, Title 75, Chapter
6, MCA No construction of water supply or sewage disposal facilities can commence until the Department has
approved plans for those facilities submitted under Title 75, Chapter 6, and ARM Title 17, Chapter 38, Sub -
Chapter 4. .
Plans and specifications must be submitted when extensions of any system of water supply, water distribution,
sewer, wastewater or sewage treatment or disposal is proposed. Construction prior to approval is prohibited,
and is subject to the penalty prescribed in the Public Water Supply Act, Title 75, Chapter 6, Section 113, MCA
Where these plans have received approval from DEQ no further review is necessary. Where they have not
received approval, it is necessary to obtain approval prior to any construction.
Sincerely,
1
Karla D
Compliance Specialist
Subdivision Section
Water Protection Bureau
cc: City Engineer, City of Kalispell
file
AN EQUAL OPPORTUNITY EMPLOYER-
JAN-14-1999 16:53
J044-14-99 THU 142J.6 ASTLE R ASTLZ
4.
-Office OlbeCftyAttonX�y
G)m New, City Ammey P.O. Box 1997
Tekphone:fs 75&7708
Fax _t
Sanuary 13, 1999
Bill Astle
Ast 1a and -As t l e
705 'Main -Street
Kalispell, MT 59901
Party Wall Agieement - Lot 58, Part View Terrace
ai:
Dimr 2111:
P.03
At long- last Y have had an opportunity to review the above -
referenced Party Wall AgtoepA.nt. T-so-far,as'I assume the parties
to the Agreement understihd the razifidatiohs'of the document, this
office does not object to its execution: 'i would caution others,
desiring to use this decision as precedent, that this office views
the action as discretionary and only '"pliaable in limited
situations. Such an arrangement would never be granted for new
construction or if it appeared that somedre had circumvented the
rules.,
$3."ert*=44
49n NCityIty
pc: P.J. Sorenser.
L*0*1 tle — PO4"111
P . 02
Incorporated 1892
Office of the City Attomey
Glen Neier, City Attorney
Richard Hickel, Asst. City Attorney
February 21 1999
Brian Marquardt
Marquardt & Marquardt Surveying
285 1't Avenue East North
Kalispell, MT 59901
Re: Amended Subdivision Plat of Lot 58,
Park View Terrace Add. No. 1
Dear Brian:
P.O. Box 1997
Kalispell MT 59903-1997
Telephone: (406) 758-7708
Fax (406) 758-7771
This letter acknowledges our telephone conversation of this date
regarding the above referenced matter. According to our
conversation, and a previous one with Bill Astle, your client owns
one-half of a duplex lot located on Lot 58 of Park View Terrace.
Apparently the duplex was constructed prior to 1983. Water service
is provided to the each unit of the duplex through a separate
service line. Sewer service to the City main consists of a single
service line approximately bisecting the respective lots.
Your client is in the process of selling her half of the duplex and
because of subdivision regulations must amend the plat. Current
Standards for Desiari and Construction (DS-03) require:
Sanitary Sewer Service Lines. Structures containing two
or more residences under separate ownership, such as
townhouses or condominiums, shall have separate sewer
lines for each residence. Structures containing two or
more residences, offices or businesses that are rental
units under common ownership may have one service line
for all occupants within a single structure.
Literally taken that portion of DS-03 quoted above would require
separate service lines for each residence in the building. In
cases of new construction, or when the single line can be construed
to be a circumvention of the rule, such would be the case. The City
objects to common sewer service in most situations because of
problems associated with maintenance and repairs. However, equity
H:\att\wp\Lot58Parkview.wpd
Brian Marquardt
February 2, 1999
Page 2
in this matter would mitigate against a strict enforcement of the
rule, where disruption to the occupants and the City would be
substantial, and there exist other grounds upon which a resolution
can be reached.
Certainly, the age of the residence indicates that the single
service line was not constructed simply as a means of avoiding the
Standards for Design and Construction. Installation of separate
services would cause disruption to the both residences and require
substantial excavation at this particular site. Further, it does
not appear that the installation of separate services will result
in any benefit to the owners or detriment to the City in terms of
maintenance and repair.
contains language'"that ` the owers' dale` _
is ntenance �1'►d're lair cf. ine gill a the -res s .bi ty sf
i owners of a rrespect i ty
bias ``no*uty :tSnatai` or-- ine
Sincerely,
Glen Neier
City Attorney
pc: Bill Astle -
Public Works
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IN WrrNM WHEREOF, Said party has caused his /bar name to be subscribed dweto, on
d1iS 26th dap Of February 11999 .
Sou6 One 9mlop Services Corporation
Nancy R. Savat, Associate Vice President
STATE OF MICHIGAN
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Notary Public for &e State of Michigan
ReSidingft _27555 Farmington Rd., Farmington Hills, MI
My Cammission egires
EDNA L PARRAIN
NOTARY PUBLIC, WAYNE COUNTY, MI
ACTING IN OAKLAND COUNTY, MI
MY COMMISSION EXPIRES NOV. 14,1999
PLAT ROOM
FLATHEAD COUNTY, MONTANA
800 S. MAIN
KALISPELL, MT 59901
(406) 758-5510
THIS FORM TS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY
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GUARANTEE
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First American Title Insurance Company
164067
1347(11'68)
FILE NO.: CT-56355
FEE: $125.00
J-164067
SUBDIVISION OR PROPOSED SUBDIVISION: Amended Subdivision Plat of Lot 58, Park
View Terrace Add No. 1
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART
OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION,
HEREIN CALLED THE COMPANY SEES:
Marquardt Surveying
FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00.
THAT according to those public records which, under the recording laws of the
State of Montana, impart constructive notice of matters affecting the title to
the lands described as follows:
Unit No. A and B, of Parkview Condominuiums, being located on a tract of land:
Lot 58 of Parkview Terrace Addition No. 1, according to the map or plat
thereof, records of Flathead County, Montana, in the office of the County
Clerk and Recorder.
TOGETHER WITH a common percentile interest in the appurtenant common elements
of said condominium as the said unit and common areas are established, defined
and identified in the Declaration of Unit Ownership and exhibits attached
thereto, dated August 17, 1989 as Document No. 89-229-10500, records of
Flathead County, Montana and STATEMENT OF COVENANTS, CONDITIONS, RESTRICTIONS
AND BYLAWS OF ASSOCIATION OF UNIT OWNERS OF PARRVIEW CONDOINIUMS, recorded
August 17, 1989, as Doc. No. 89-229-10510, records of Flathead County,
Montana. This unit to be used for residential purposes.
The above -described tract of land is to be known and designated as
Amended Subdivision Plat of Lot 58, Park View Terrace Add No. 1.
(1) Parties having record title interest in said lands whose signatures are
necessary under the requirements of Flathead County Subdivision Regulations
on the certificates consenting to the recordation of Plats and offering for
dedication any streets, roads, avenues and other easements offered for
dedication by said Plat are: Diane R. Afenson as vested party to Unit A.
Eleanor B. Carlson as vested party to Unit B. Source One Mortgage Services
Corporation as last Assignee in Deed of Trust.
Continued...
FILE NO.: CT-56355
(2) Parties holding liens or encumbrances on the title to said lands are:
1. General and special county and city taxes for the year 1999, a lien not yet
payable.
2. General and special county taxes for the second half of 1998, are not paid.
NOTE: General and special county taxes for the first half of 1998 and all
prior years have been paid in full.
Deed of Trust dated July 23, 1998, to secure an indebtedness in the principal
sum of
AMOUNT : $90,000.00, and any other amounts and/or obligations secured
thereby.
RECORDED : July 23, 1998, as Doc. No. 1998-204-15070,
records of Flathead County, Montana.
GRANTOR : Diane R. Anfenson and Robert F. Muller, as joint tenants
TRUSTEE : Citizen's Title & Escrow Company, Inc.
BENEFICIARY: Mann Financial Inc. d/b/a/ Mann Mortgage
Assigned to Source One Mortgage Services Corporation, by instrument
recorded July 23, 1998, as Doc. No. 1998-204-15080, records of Flathead
County, Montana.
(3) Easements, claims of easements and restrictions agreement of record are:
1. Eight (8) foot easement for utilities and cable T.V. as disclosed by the
plat of Parkview Terrace Addition No. 1, and on the Proposed Plat of Amended
Subdivision Plat of Lot 58, Park View Terrace Add No. 1.
2. All buildings are to be set back from the front property lines at least 25
feet as found on the plat of Park View Terrace Addition No. 1.
3. Ashley Irrigation ditch over premises, constructive notice given by Order
Extending the Area of said District, recorded August 15, 1960 as Doc. No.
5501, records of Flathead County, Montana.
4. Easement granted to Pacific Power and Light Company, a corporation recorded
September 27, 1971 in Book 530, Page 227, as Doc. No. records of Flathead
County, Montana.
5. Covenants, conditions and restrictions recorded October 25, 1968 in -Book
503, Page 06, as Doc. No. 7660, records of Flathead County, Montana, but
deleting any covenant, condition or restriction indicating a preference,
limitation or discrimination based on race, color, religion, sex, handicap,
familial status, or national origin to the extent such covenants, conditions
or restrictions violate 42 USC 3604(c).
Continued...
FILE NO.: CT-56355
No. 5 Cont.
Amendment to said covenants recorded October 8, 1969 in Book 509, Page
437, as Doc. No. 6805, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Amendment to said covenants recorded November 1, 1973 in Book 559, Page
887, as Doc. No. 12722, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Amendment to said covenants recorded November 9, 1973 in Book 559, Page
965, as Doc. No. 12972, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Amendment to said covenants recorded November 25, 1974 in Book 576, Page
258, as Doc. No. 11318, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Amendment to said covenants recorded December 13, 1974 in Book 576, Page
527, as Doc. No. 11971, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Amendment to said covenants recorded March 18, 1977 in Book 611, Page
810, as Doc. No. 3221, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Amendment to said covenants recorded May 17, 1977 in Book 615, Page 750, as
Doc. No. 6117, records of Flathead County, Montana, but deleting any covenant,
condition or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status, or national
origin to the extent such covenants, conditions or restrictions violate 42 USC
Amendment to said covenants recorded June 3, 1982 in Book 741, Page 217,
as Doc. No. 7899, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c).
Continued...
FILE NO.: CT-56355
6. Reservation of any and all water rights appertaining or appurtenant
thereto, including, but not limited to, rights in and to Ashley Irrigation
District and its ditches as found in deed recorded September 12, 1973, in Book
560, Page 06, as Doc. No. 10242, records of Flathead County, Montana.
7. Easement Agreement for Driveway purposes as disclosed by document recorded
October 22, 1979, in Book 678, Page 935, as Doc. No. 16102, records of
Flathead County, Montana.
S. DECLARATION OF UNIT OWNERSHIP OF PARKVIEW CONDOMINIUMS KALISPELL, MONTANA,
recorded August 17, 1989, as Doc. No. 89-229-10500, records of Flathead County,
Montana, but deleting any covenant, condition or restriction indicating a
preference, limitation or discrimination based on race, color, religion, sex,
handicap, familial status, or national origin to the extent such covenants,
conditions or restrictions violate 42 USC 3604(c).
9. STATEMENT OF COVENANTS, CONDITIONS, RESTRICTIONS AND BYLAWS OF ASSOCIATION
OF UNIT OWNERS OF PARKVIEW CONDOINIUMS, recorded August 17, 1989, as Doc. No.
89-229-10510, executed by William R. Schottelkorb and Susan 0. Schottelkorb,
records of Flathead County, Montana, but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status, or national origin to
the extent such covenants, conditions or restrictions violate 42 USC 3604(c).
10. All covenants, conditions, restrictions, limitations, exceptions,
reservations, rights, term provisions, obligations, powers, easements, rights
of way, liens, and charges, 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)
as shown in the following document:
Declaration of Unit Ownership of Parkview Condominium and attached
exhibits including but not limited to statement of covenants and by laws of
Association of Unit Owners of Parkview Condominium and floor plans, recorded
August 17, 1989 as Document No. 89-229-10500, records of Flathead County,
Montana and STATEMENT OF COVENANTS, CONDITIONS, RESTRICTIONS AND BYLAWS OF
ASSOCIATION OF UNIT OWNERS OF PARKVIEW CONDOINIUMS, recorded August 17, 1989,
as Doc. No. 89-229-10510, records of Flathead County, Montana.
11. Terms, provisions, limitations and conditions imposed by the Montana Unit
Ownership Act M.C.A. Title 70 Chapter 23.
Continued...
FILE NO.: CT-56355
12. The above described property is located within and subject to the
jusisdiction of the Kalispell Fire District.
DATED: January 25, 1999, at 8:00 A.Mj
Subscribed and sworn to before me thispi4ay offiEas 19
Nota Publi for State of Montana
Residing at �,KL 1�--21—��U
My Commission Expires__I.::.-_