6. Final Plat - Buffalo Commons Phase 4, Lot 1, Blocks 1 and 2Flathead 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
Chris A. Kukulski, City Manager
Final Plat for Buffalo Commons Phase 4, Lot 1, Blocks 1 and 2
September 7, 1999
BACKGROUND: This is a request for final plat approval of a four lot commercial
subdivision in the Buffalo Commons development. These lots are located in the
"professional / medical facilities pod" of the development and contain approximately
4.45 acres total. The preliminary plat approval was waived by the FRDO on
September 1, 1999 subject to four conditions of approval. This final plat is another
phase of the Buffalo Commons PUD located north of the hospital and northeast of
Highway 93 and Meridian Road.
RECOMMENDATION: A motion to approve the final plat for Buffalo Commons Phase
4, Lots 1, Blocks 1 and 2 would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: September 1, 1999
Attachments: Letter of transmittal
Staff report KWP 99-3 review and findings of fact
Final plat application and supporting documents
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
September 1, 1999
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59901
RE: Final Plat Approval for Buffalo Commons, Phase 4, Lot 1, Blocks 1 and 2
Dear Chris:
Our office has received an application from Montana Planning Consultants on behalf of
Northwest Healthcare for final plat approval for the above referenced subdivision. This
is a four lot commercial subdivision in the Buffalo Commons development. These lots
are located in the "professional / medical facilities pod" of the development on the west
side of Windward Way. As you know the Buffalo Commons development was approved
as a Planned Unit Development (PUD) and all of the required infrastructure has been
installed according to City standards and accepted by the City of Kalispell.
Our office waived the preliminary plat subject to four conditions on September 1, 1999
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.
5. 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-99-3 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.
COMPLIANCE WITH CONDITIONS OF APPROVAL
Condition No. 1. That the lots shall be in substantial conformance with the PUD
which shall govern the general location of the lots, easements, common area and
roadways.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
Final Plat for Buffalo Commons Phase 4
September 1, 1999
Page 2
• This condition has been met. The final plat reflects the previously reviewed
development proposal with regard to the location of lots, roads, etc.
Condition No. 2. That a storm water drainage plan which incorporates on -site
detention methods be reviewed by the Kalispell Public Works Department.
• This condition has been met. An engineered storm water drainage plan has been
previously reviewed and approved by the Public Works Department during the
previous installation of improvements.
Condition No. 3. That all water and sewer plans and specifications shall be reviewed
and approved by the Department of Environmental Quality and the Kalispell Public
Works Department.
• This condition has been met. All of the water and sewer facilities have been
previously reviewed and approved by the Kalispell Public Works Department and
MDEQ which were prepared and certified by Robert Peccia & Associates.
Condition No. 4. That the waiver of preliminary plat approval is valid for thre years
and shall expire on September 1, 2002
• This condition has been met. The final plat for the subdivision has been submitted
prior the expiration of the preliminary plat approval waiver.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
reviewed and given a plat waiver.
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 Planned Unit Development agreement for the Buffalo Commons.
RECOMMENDATION:
All of the conditions of the preliminary plat approval waiver have been adequately
addressed. The Flathead Regional Development Office recommends that the Kalispell
City County adopt the attached staff report KWP-99-3 as findings of fact and approve
the final plat for Buffalo Commons Phase 4, Lot 1, Blocks 1 and 2.
Final Plat for Buffalo Commons Phase 4
September 1, 1999
Page 3
Please schedule this matter for the next regular City Council of September 7, 1999
You may call me at (406)758-5980 if you have any questions regarding this
subdivision.
Sincerely,
?�t4& 7 VlAr,^j
Narda A. Wilson, AICP
Senior Planner
NW/
Attachments: 1 opaque mylar
1 reproducible mylar
1 blueline
Staff Report KWP-99-3
Letter from FRDO for pre plat waiver dated 9 / 1 / 99
Ltr from MPC dated 8/ 17/99
Final plat application
DEQ approval #E.Q. #97-2137 dated 5/ 15/99
Title Report from Sterling Title dated 8/ 18/99
Treasurers Certification dated 8/ 17/99
c: D. Greer, MPC, P.O. Box 7607, Kalispell, MT 59904
Northwest Healthcare, 310 Sunnyview Ln., Kalispell, MT 59901
Theresa White, Kalispell City Clerk
H: \... \KW99-3
BUFFALO COMMONS PHASE 4, LOT 1, BLOCKS 1 AND 2
FLATHEAD REGIONAL DEVELOPMENT OFFICE
REVIEW AND FINDINGS OF FACT #KWP-99-3
SEPTEMBER 1, 1999
This is a report the Kalispell City Council containing the review and findings of fact
regarding a request for final plat approval of a four lot commercial subdivision which is
part of the Buffalo Commons Planned Unit Development Preliminary plat for this
subdivision was waived.
BACKGROUND
A.
Im
C
e
Owner/Applicant:
Technical Assistance
Location:
Northwest Healthcare Corp.
325 Claremont Street
Kalispell, MT 59901
(406) 752-8483
David Greer
Montana Planning Consultants
P.O. Box 7607
Kalispell, MT 59904
(406)756-1236
This property is located east of Highway 93 North on the northeast corner of the
new streets within the subdivision known Commons Way and Commons Loop. The
property can be described as a portion of Assessor's Tract 7ET located in Section 6,
Township 28 North, Range 21 West and Section 1, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana.
Size: Total area:
Lot 1, Block 2
Lot 2, Block 2:
Lot 3, Block 2::
Lot 1, Block 1:
Nature of the Request:
4.45 acres
54,048 square feet
45,462 square feet
47,670 square feet
46,758 square feet
The applicants are requesting final plat approval of a four lot commercial
subdivision which is part of the Buffalo Commons PUD.
E. Existing Land Use: This property is currently undeveloped. Phases I containing
the single family development the east has received final plat approval. About half
of Phase 2 to the north has received final plat approval and one of the lots in Phase
3 to the southwest has received final plat approval. All of the roadways and other
improvements within the Buffalo Commons PUD have been reviewed and approved
by the City of Kalispell Public Works Department and accepted as City
infrastructure.
F. Adjacent Land Uses:
Several of the properties surrounding this site are intended to be developed as part
of the Buffalo Commons PUD. Adjacent land uses are a mix of medical /
professional and residential.
North: Buffalo Commons Phase II, a multifamily subdivision
South: Heritage Place, H-1 zoning
East: Undeveloped and part of Buffalo Commons PUD
West: Intended for commerical/offices as part of the PUD
G. Zoning: This property is zoned as part of the Buffalo Commons PUD which is
adopted as zoning for the property and subject to specific and sequential
development standards. The Buffalo Commons PUD is a mixed use development
which includes single family residential, multifamily residential, professional /
medical facilities and commercial / office "pods" within the development.
H. Relation to Master Plan Map: This property lies within the Kalispell City -County
Planning jurisdiction. The master plan map designates this area as Medical /
Professional. As part of the planned unit development for this site which combines
integrated and complementary uses, this subdivision can be found to be in
compliance with the master plan land use designation and the goals and objectives
of the master plan text.
I. Utilities:
Water:
City of Kalispell
Sewer:
City of Kalispell
Electricity:
Pacific Power and Light (underground)
Telephone:
PTI Communications (underground)
Solid Waste:
City of Kalispell
Fire:
City of Kalispell
Schools:
School District #5, Kalispell
Police.
City of Kalispell
REVIEW AND FINDINGS OF FACT
This application is reviewed as a major subdivision in accordance with State statutory
review criteria and the Kalispell Subdivision Regulations.
2
A. Effects on Health and Safety:
Fire: Fire access to the area will be by way of a paved road system which has been
reviewed, approved and built to City of Kalispell design standards. Access to the
site will be Windward Way for Lots 1 through 3, Block 2 and from Commons Way
for Lot 1 Block one, both which are City streets in good conditions. Fire access to
the site is good.
Flooding and topography: This area is at a minimal risk of flooding because there is
no surface water in close proximity to the site which might inundate the area. The
topography of the site is characterized by gently rolling hills with slopes in the area
of about five to eight percent. No apparent risks to health and safety are present
which might be associated with the topography of the site.
Roads: Primary access to the site will be from Common Way and Windward Way,
paved roads which have been built to City standards and will be dedicated to the
City as part of the approval process. Access to the parcel is good.
B. Effects on Wildlife and Wildlife Habitat:
The site is not mapped within any big game winter range and does not provide
significant habitat to wildlife. This property is within an area of Kalispell that can
be considered to be on the urban fringes. No significant impacts to wildlife or
wildlife habitat can be anticipated as a result of this subdivision.
C. Effects on the Natural Environment:
There is no surface water in the area which might be effected by this development.
There is no obvious high groundwater in the area which may be effected or which
might be impacted by this development. The terrain can be described as gently
rolling hills. All drainage will be retained on -site. Revegetation of the disturbed
areas should be done within a reasonable time after development to deter erosion
and other drainage problems. This revegetation is anticipated.
D. Effects on Local Services:
Sewer and Water: City of Kalispell water and sewer have been extended to serve the
subdivision. There is sufficient capacity within the Kalispell sewer treatment plant
and within the water system to accommodate this development. The impacts to
these services were assessed and anticipated with the review and approval of the
planned unit development in 1995.
Roads: An entire road system is part of the Buffalo Commons PUD and has been
dedicated to the City. There will be an internal loop road system within the
subdivision which has been constructed. Commons Way will provide the main
entrance into the Buffalo Commons development. A traffic signal has been installed
3
E.
F
at the intersection of Commons Way and Highway 93. The signal has been
activated.
Schools: This subdivision is within the boundaries of School District #5. Children
from this subdivision would attend Edgerton School, Linderman School and
Flathead High School. It can be anticipated that this subdivision will not impact
the school district because it is commercial in nature.
Parks: This subdivision is not subject to parkland dedication because it is
commercial in nature.
Police Protection: This development will be served by the Kalispell Police
Department. According to the Kalispell Police Department, they will be able to
adequately serve this area. -
Fire Protection: This development will be served by the Kalispell Fire Department.
The location and placement of fire hydrants will be according to the specifications of
the City of Kalispell. Fire flows in the area will be adequate to accommodate the
hydrant network within the development and subdivision.
Refuse Disposal: The subdivision will be served by the City of Kalispell for solid
waste disposal. Adequate space at the County landfill is available for the solid
waste which will be generated by the subdivision.
Medical Services: Flathead Regional Hospital is approximately one mile from the
site. Ambulance services are available to serve this subdivision and access is good.
Effects on Agriculture and Agricultural Water Users Facilities:
The soils in this area have limited agricultural value. This property has been idle
grasslands. This subdivision will have an insignificant impact on agriculture in the
Valley and is more valuable for residential development because of its close
proximity to Kalispell and associated services and the lack of obvious development
constraints.
Compliance with Master Plan
The Kalispell City -County Master Plan Map designates this area as Medical /
Professional. Buffalo Commons PUD has been approved with the overall goals and
objectives of the master plan and has been found to further those goals. Phase I of
the Buffalo Commons PUD under review is found to be in substantial compliance
with the master plan.
n
W
G. Compliance with Zoning Regulations
This zoning for this property is a planned unit development, Buffalo Commons. The
lots created with this subdivision meet the minimum lot specifications of the
approved plan.
H. Compliance with the Subdivision Regulations
The preliminary plat appears to be in substantial compliance with the State and
City Subdivision Regulations.
H: \FRDO \REPORTS\99 \KWP99-3
Flathead Regional Development Office
723 5th .avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
September 1, 1999
David Greer, AICP
Montana Planning Consultants
P.O. Box 7607
Kalispell, MT 59904
RE: Preliminary Plat Approval Waiver - Buffalo Commons, Phase 4
Dear Dave:
This letter is in response to your request for waiver of preliminary plat approval for a
four lot subdivision in the Buffalo Commons development. The subdivision is proposed
to have four commercial lots within the Professional / Medical facilities pod located on
the west side of Windward Way. This development is under the Buffalo Commons PUD.
The property proposed for the subdivision can be described as a 4.45 acre portion of
Assessor's Tract 7ET+ located in Section 6, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
Our office can find that this development can meet the criteria outlined in Section 2.06
of the Kalispell Subdivision Regulations which addresses preliminary plat waiver.
Specifically, we can find that (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 now 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.
The preliminary plat for the aforementioned subdivision is hereby waived subject to the
following conditions:
That the development of the site will be in substantial conformance with the
approved PUD which shall govern the general location of the parcel, easements
and roadways.
2. A storm water drainage plan which incorporates on -site detention methods be
reviewed and approved by the Kalispell Public Works Department.
3. That all water and sewer service plans and specifications shall be reviewed and
approved by the Department of Environmental Quality and the Kalispell Public
Works Department.
Providing Community Planning Assistance To:
• Flathead Countv • City of Columbia Falls • City of Kalispell • City of Whitefish
Pre -Plat Waiver Buffalo Commons Ph. 4
September 1. 1999
Page 2
4. This waiver of preliminary plat approval is valid for three years and shall expire
on September 1, 2002.
Pleas be advised that any subsequent lots to be platted within the Buffalo Commons
development will be subject to preliminary plat approval. Waiver of preliminary plat
approval does not constitute approval of the subdivision. Please note that prior to final
plat approval, all requirements must be met per Section 2.07 and Chapter 3 of the City
of Kalispell Subdivision Regulations. If you have any questions regarding this matter,
please call Narda Wilson at this office.
Sincerely,
c Z.
Thomas R. Jentz
Planning Director
TRJ/ NW
H: \ FRDO \ LETTERS \ WAN EPP\ 1999 \BUFCO M
r P.tONTANA PLANNING CONSULTANTS
PO Box 7607 Kalispell, Montana 59904 (406) 756-1236
17 August 1999
Tom Jentz
Director
Flathead Regional Development Office
723 Fifth Ave. E
Kalispell, MT 59901
RE: FINAL PLAT OF BUFFALO COMMONS, PHASE 4, Lot 1 Block 1 and Block 2
Dear Tom:
F. R. D. O.
Attached are the application materials for the above -referenced final plat. The proposed lots and
associated infrastructure are in substantial compliance with the PUD Development Agreement. All the
roads, water, and sewer facilities have been previously accepted by the City. Certified as -built plans
prepared by Robert Peccia & Associates are on file with the city. As with the previous applications involving
Buffalo Commons, I am enclosing a copy of the State Environmental Quality approval letter since Buffalo
Commons is being platted in phases and there is only one original letter.
Please let me know if you require any additional information concerning this application for final plat.
Sincerely,
David Greer, aicp
Consultant to NWHC
attachments: Application fee of $460.00
Application form
Title report
Tax certification statement
DEQ approval statement (copy, original on file)
Plats
Land Use Consultants for the Private and Public Sectors
Flathead Regional Development Office
723 5th Ave. East Room 414
Kalispell, MT 59901 Y`
Phone: (406)758-5980 Fax: (406)758-5781 yn
JJ
FINAL PLAT APPLICATION
Subdivision F. R. D. C.
Name: Buffalo Commons Phase 4, Lot 1, Block 1 & Block 2
Contact Person:
Name: David M. Greer
Address: P.O. Box 7607
Kalispell, MT 59904
Phone No.: (406)7561236
Date of Preliminary Plat Approval:
Owner:
Northwest Healthcare
310 Sunnyview Lane
Kalispell, MT 59901
(406)752-1724
waived
Type Subdivision: Residential Industrial Commercial jr-eb 0 Other
No. of Lots Proposed: 4 Park Land (ac.):
Land in Lots: (ac.)
4.45 Cash -in -lieu:
Exempt:
FILING FEE ATTACHED: $460.00
NOT
ATTACHED APPLICABLE
Health Department Certification
Title Report
Tax Certification
Consent(s)to Plat
Sub. Improvements Agreement
Parkland Cash -in -Lieu
Recorded Covenants
Recorded Homeowners By-Laws/Articles of Incorporation
Plats
.s�
PUD Exempt
1
Plat must be signed by all owners of record, the surveyor and 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
shall be submitted. Blanket statements stating, for example, "all improvements are in
place" are not acceptable.
A complete final application must be submitted no less than 30 days prior to expiration
date of preliminary plat.
When all final plat materials are submitted to the F.R.D.O. 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 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 necessitate reconsideration
by the Planning Board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will be not accepted and that false information will delay the
application and may invalidate any approval. The signing of this application signifies
approval for F.R.D.O. staff to be present on the property for routine monitoring and
inspection during the approval and development process.
:/DzVal i
Owner Repres tative Date
DEPARTMENT OF ENVIRONMENTAL QUALITY
PERMITTING & COMPLIANCE DIVISION Metcalf Building
1520 East sixth Ave.
MARC RACICOT, GOVERNOR
- STATE
hone: (406)444-4323
Fax: (406)444-1374
Philip Porrini
Robert Peccia & Associates
825 Custer Avenue
Helena, MT 59604
OF MONTANA
May 15, 1997
PO Box 200901
Helena, MT 59620-0901
Re: City of Kalispell - Buffalo Commons Planned Unit Development
Flathead County EQ # 97-2137
Dear Mr. Porrini:
The plans and specifications for the above referenced project have been
reviewed by personnel under contract with the Permitting and Compliance
Division and found to be satisfactory. Approval of the plans and
specifications is hereby given. One set of plans and specifications
showing the approval stamp of the MDEQ is enclosed.
The project consists of approximately 1225 lineal feet of 12 inch PVC-
C900 water main, approximately 2055 lineal feet of 8 inch PVC-C900 water
main, 11 hydrants and appurtenances. The project also consists of
approximately 3135 lineal feet of 8 inch PVC sewer main, approximately
470 lineal feet of 6 inch PVC sewer main, 29 new manholes and
appurtenances.
Approval is based on plan sheets C4-1 through C4-10 and on plan sheets
C5-1 through C5-9 dated May, 1997 and on specifications received May
12,1997. Both the plans and specifications were received under the stamp
of Phil Porrini, Montana Professional Engineer Number 4371E.
Approval is also given with the understanding that any deviation from
the approved plans and specifications will be submitted to the
department for reappraisal and approval. Within 90 days after the
project has been completed, the project engineer shall certify to the
department that the project was inspected and found to be installed in
accordance with the plans and specifications approved by the department.
This certification shall be accompanied by a set of "as -built" record
"AN EQUAL OPPOR7UNltY EMPLOYER"
drawings signed by the project engineer.
It is also understood that construction will be started within two years
of this date. If more than two years pass before beginning
construction, it shall be necessary to resubmit the plans and
specifications when construction is anticipated. This two year
expiration period does not extend any compliance schedule requirements
pursuant to enforcement action against a public water/sewage system.
Sincerely,
Mark A. Smith, P.E.
Drinking Water Section
Permitting and Compliance Division
Department of Environmental Quality
c. City of Kalispell
Flathead County Sanitarian
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE
27 0219 89 205683
CHICAGO TITLE INSURANCE COMPANY
To the County of Flathead and the City of Kalispell in Montana
CHICAGO TITLE INSURANCE COMPANY. a corporation organized and existing under the laws of the State
of Missouri, with its principal office in the City of Chicago. Illinois. and duly authorized to insure titles in
Montana hereby certifies that from its examination of these public records which impart constructive notice of
matters affecting the title to the real estate described in Schedule A hereof, as of the 18th day of
August . 19 99 . at5 o'clock P.M.. the title to the described real estate was indefeasibly vested in fee
simple of record in:
Northwest Healthcare Corporation,
A Montana Corporation
subject only to the objections, liens charges. encumbrances and other matters shown under Schedule B hereof.
The maximum liability of the undersigned under this certificate is limited to the sum of $ 10,000.00
This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and
for the use of the County and City above named.
Issued by:
STERLING TITLE SERVICES
211 South Main (P.O. Box 73)
Kalispell, MT 59901
(406) 752 - 7000
FAX 06) 752 - 7207 (TITLE)
4b;=(ESCROW)
Authorised Swnlflol
CHICAGO TITLE INSURANCE COMPANY
By:
ATTEST: Pres' ent
Secretary
PRELIMINARY SUBDIN'ISION CERTIFICATE OF TITLE (NIONTANA)
Reorder Fenn No. 9113
SCHEDULE A
Page 2 Certificate No.: 27-0219-89-205683
Our File No.: CG-28302
Being the legal description of the real estate covered by this certificate.
The following -described parcels of real estate:
Those portions of Government Lot 5, Section 6, Township 28 North, Range 21
West, P.M.,M., Flathead County, Montana described as follows:
Beginning at a point that bears South 69/23144/1 East, a distance of 697.65
feet from the Northwest corner of Government Lot 5, Section 6, Township
28 North, Range 21 West, said point being on the Southerly right-of-way
line of Commons Way, a 60.00 foot city street and being the Northwest
corner of that tract of land denoted as Common Area on the Plat of
Buffalo Commons Phase 2 Block 2, records of Flathead County, Montana;
thence along the Westerly boundary of said Common Area
South 20054136/1 East a distance of 164.14 feet to a point; thence
South 69005124/1 West a distance of 90.10 feet to a point; thence
South 47008137/1 West a distance of 163.70 feet to the Northeasterly
right-of-way line of Commons Loop, a 60.00 foot city street and a point
on a 160.00 foot radius curve concave Southwesterly having a radial
bearing of South 47008137/1 West; thence along said Northeasterly
right-of-way line of said Commons Loop and along said curve through a
central angle of 41008157/1 an arc length of 114.91 feet; thence
North 05/59140/1 East a distance of 62.99 feet to a point; thence
North 45023126/1 East a distance of 265.22 feet to the Southerly right-of-
way line of Commons Way, a 60.00 foot city street and a point on a 780.00
foot radius curve concave Northerly, having a radial bearing of North
04032151/1 East; thence along said Southerly right-of-way line of said
Commons Way and along said curve through a central angle of 03044,051, an
arc length of 50.84 feet to the Point of Beginning.
and
Commencing at the Southwest corner of Government Lot 5, Section 6, Township
28 North, Range 21 West; thence along the Southerly boundary of said
government lot
North 89005139/1 East a distance of 862.81 feet to the Westerly right-of-
way line of Windward Way, a 60.00 foot city street and a point on a
280.00 foot radius curve concave Southeasterly having a radial bearing of
South 74039122/1 East; thence along said Westerly right-of-way line of
said Windward Way the following three courses:
Along said curve through a central angle of 33022133/, an arc length of
163.11 feet
North 48043111" East a distance of 55.99 feet to the beginning of a 470.00
foot radius curve to the left concave Northwesterly, and
Along said curve through a central angle of 12013125/, an arc length of
100.27 feet to the Point of Beginning of the parcel being described and
the most Easterly corner of that parcel of land denoted as Common Area on
the Plat of Buffalo Commons Phase 2 Block 2, records of Flathead County,
Montana; thence along the Easterly and Southeasterly boundary of said
Common Area the following five courses:
North 41056133/1 West a distance of 147.85 feet to a point
North 03049150/1 West a distance of 259.88 feet to a point
North 20041114/1 West a distance of 218.33 feet to a point
North 30/11100/1 West a distance of 141.74 feet to a point and
North 86014114/1 East a distance of 329.65 feet to the Westerly right-of-
way line of Windward Way, a 60.00 foot city street; thence along said
Westerly right-of-way line of said Windward Way the following two courses:
South 03/45146/1 East a distance of 408.17 feet to the beginning of a 470.00
foot radius curve to the right concave Westerly, and
Along said curve through a central angle of 40015132/1 an arc length of
330.25 feet to the Point of Beginning.
TO BE KNOWN AS: BUFFALO COMMONS PHASE 4, LOT 1 BLOCK 1 AND BLOCK 2
Page 3 Certificate No.: 27-0219-89-205683
Our File No.: CG-28302
Being all of the estates, interests, equities, lawful claims, or demands,
defects, or objections whatsoever to title; and all easements, restrictions,
liens, charges, taxes (general, special, or inheritance, or assessments of
whatever nature), or encumbrances; and all other matters whatsoever
affecting said premises, or the estate, right, title, or interest of the
record owners, which now do exist of record.
1. Property taxes, including any assessments collected with the taxes,
for the year 1999.
2. Reservations in Patents or the acts authorizing the issuance thereof.
3. Mineral rights, claims or title to minerals, including but not limited
to metals, oil, gas, coal, hydrocarbons, sand, gravel, stone, or
rights relating thereto.
4. Easement granted to the City of Kalispell, recorded December 29, 1961
under Recorder's Fee #9039, In Book 443, page 630, records of Flathead
County, Montana.
5. Declaration of Conditions, Covenants, and Restrictions and any rights,
provisions, powers, obligations, liens or charges as provided therein,
but omitting any covenant or restriction based on race, color,
religion, sex, handicap, familial status or national origin, unless
and only to the extent that said covenant (a) is exempt under Chapter
42, Section 3607 of the United States Code or (b) relates to handicap
but does not discriminate against handicapped persons, recorded July
10, 1980 under Recorder's Fee #8632, in Book 696, page 111, records of
Flathead County, Montana, and any amendments thereto, including but
not limited to the following amendments: None
6. Easement granted Northwestern Telephone Systems, Inc., recorded
December 17, 1980 under Recorder's Fee #18056, in Book 707, page 361,
records of Flathead County, Montana.
7. Resolution No. 4174 recorded November 14, 1994 as Document
#9431814340, records of Flathead County, Montana.
8. Terms and provisions contained o Ordinance No. 1226, recorded October
3, 1995 as Document #9527615080, records of Flathead County, Montana.
9. Ordinance No. 1276 recorded February 24, 1998 as Document
#199805512210, records of Flathead County, Montana.
10. Ordinance No. 1281 recorded February 24, 1998 as Document
#199805512220, records of Flathead County, Montana.
11. Declaration of Conditions, Covenants, and Restrictions and any rights,
provisions, powers, obligations, liens or charges as provided therein,
but omitting any covenant or restriction based on race, color,
religion, sex, handicap, familial status or national origin, unless
and only to the extent that said covenant (a) is exempt under Chapter
42, Section 3607 of the United States Code or (b) relates to handicap
but does not discriminate against handicapped persons, recorded
February 24, 1998 as Document #199805512230, records of Flathead
County, Montana, and any amendments thereto, including but not limited
to the following amendments: None
12. Certificate of Parkland as shown on the unrecorded plat of Buffalo
Commons Phase 4, Lot 1 Block 1 and Block 2.
13. Private Road Easement as shown on the unrecorded plat of Buffalo
Commons Phase 4, Lot 1 Block 1 and Block 2.
14. No search has been made for water rights and unpatented mining claims
and liability thereon is excluded from coverage of this Certificate.
PLAT ROOM
FLATHEAD COUNTY, MDNTANA
800 S. MAIN
KALISPELL, MT 59901
(406) 758-5510
THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY
BY: E-Ay PR #
FOR: X1 0 H E1Q-1 AX C0-rQ_ �`J DATE: (�f//p/p y
DESCP : 6 14 f T Q- 10 CU <� m� S /�/IC�S� PURPOSE:
Z-vf / 61ock
C i k T E T
YEARS ASSESSOR #
1992 THRU
9 9 (o AND TO DATE
C9'(0g5/�7
o i 9 c�sV O
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.
--� 1 —tj_ -------
DEPUTY - -
TREAS�U E
SEAL
AUG 17 1999