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05. Final Plat - Buffalo Commons Phase IIIFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat for Buffalo Commons Phase III, Block 2, Lot 1 MEETING DATE: December 6, 1999 BACKGROUND: This is a request for final plat approval of a one lot commercial subdivision located in the northwest corner of the Buffalo Commons development between Commons Way and Highway 93. The lot contains just over one acre and will be developed as a new dialysis center. The preliminary plat for this subdivision was approved by the city council on November 15, 1999 subject to ten conditions of approval. All of the conditions of approval have been adequately addressed or were applicable only to Phase V of the preliminary plat which is located on the north side of Sunnyside.Drive. It may be noteworthy to the council that the dialysis center project has gone through the site review committee with only a few minor issues to be resolved before the building permit can be issued. Grading and other site preparation work may be started. RECOMMENDATION: A motion to approve the final plat for Buffalo Commons Phase III, Block 2, Lot 1 would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Y Narda A. ikon Chris A. Kukulski Senior Planner City Manager Report compiled: November 30, 1999 Attachments: Letter of transmittal 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 November 29, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Buffalo Commons Phase III, Block 2, Lot 1 Dear Chris: Our office has received an application from Northwest Healthcare Corp. for final plat approval of a one lot subdivision in Buffalo Commons Phase III located in the northwest corner of the development. This lot is intended for development as the Dialysis Center, and contains approximately 1.3 acres. This lot is located in the commercial / retail pod of the Buffalo Commons development. Previous phases of the subdivision have dedicated the roads within the subdivision which have been dedicated to the City. This lots front along Commons Way, the main north / south road within the development. This subdivision is located on the east side of Highway 93 North, north of Heritage Way in Kalispell. Preliminary plat approval was granted by the Kalispell City Council on November 15, 1999 subject to ten conditions. Several of these conditions relate to the development of Phase V, to the south of this lot, and would not be applicable to this subdivision. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. Development of the subdivision will be platted in substantial compliance with the approved preliminary plat which shall govern the general location of the lots, easements and roadways. • This condition has been met. This one lot subdivision complies with the preliminary plat. Condition No. 2. That the roadways within the subdivision shall be constructed in accordance with the City of Kalispell's Standards for Design and Construction which includes the pavement, curbs, gutters, sidewalks and drainage system. A letter from the Kalispell Public Works Department shall be required stating that the improvements have been installed according to the required specifications at the time of final plat approval. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat of the Buffalo Commons Phase III, Block 2, Lot I November 29, 1999 Page 2 • This condition has been met. All of the required infrastructure such as roads, curb, gutter, sidewalks, water, sewer and drainage have been reviewed and approved by the City of Kalispell Public Works Department when the roadways and related infrastructure were previous accepted by the City in the platting of previous phases of Buffalo Commons. Additionally, a letter from Robert Peccia and Associates certifying the improvements has been submitted with the final plat. Condition No. 3. That sidewalks shall be constructed on the north side of the Sunnyview Lane next to the property boundary with a minimum five foot boulevard space between the sidewalk and roadway prior to filing Phase V. • This condition is not applicable to this portion of the subdivision, but will be addressed prior to filing Phase V. Condition No. 4. Installation of curb and gutter on the north side of Sunnyview Lane for Phase V, or posting a bond for said curb and gutter, or waiving the right to protest a special improvements district for the same shall be required in conjunction with the final plat of Phase V. • This condition is not applicable to this portion of the subdivision, but will be addressed prior to filing Phase V. Condition No. S. That approach permits for the required road construction at Heritage Way and Sunnyview Lane be obtained from the Kalispell Public Works Department. • This condition is not applicable to this portion of the subdivision. Condition No. 6. 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. • This condition is not applicable to this portion of the subdivision because the water and sewer facilities were reviewed and approved with previous phases of Buffalo Commons. Condition No. 7. That a letter from the Kalispell fire chief approving the location and placement of the fire hydrants within the subdivision shall be submitted with the final plat. • This condition has been addressed during previous filings for the Buffalo Commons development. It may be noteworthy that the Dialysis Center site development plan has been before the site development review committee where fire code issues are being further addressed. Final Plat of the Buffalo Commons Phase III, Block , Lot t November 29, 1999 Page 3 Condition No. 8. That areas be landscaped according to the specifications outlined in the development agreement with the City of Kalispell. All utilities shall be installed underground. • This condition has been met for this area with the platting of previous phases of the Buffalo Commons development. Condition No. 9. A storm water drainage plan which incorporates the drainage easements indicated on the preliminary plat, along with a grading plan, shall be reviewed and approved by the City of Kalispell prior to the filing of Phase V. • This condition is not applicable to this portion of the subdivision, but will be addressed prior to the filing of Phase V. Condition No. 10. The parking lot on the north side of Sunnyview Lane and the proposed temporary expansion of the parking lot must be brought into full conformance with the Kalispell Zoning Ordinance with the infrastructure for Buffalo Commons is developed prior to filing Phase V. • This condition is not applicable to this portion of the subdivision, but will be addressed prior to the filing of Phase V. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the city council on November 15, 1999. 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 which governs the dimensional requirements of the lots within the subdivision and well as the uses within the various development pods. RECOMMENDATION: All of the conditions of preliminary plat approval have been met or otherwise adequately addressed The Flathead Regional Development Office recommends that the Kalispell City Council approve the final plat for this one lot commercial subdivision. Please schedule this matter for the regular city council meeting of December 6, 1999. Final Plat of the Buffalo Commons Phase III, Block 2, Lot I November 29, 1999 Page 4 Sincerely, -A& �- va, Narda A. Wilson Senior Planner NW/ Attachments: 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from MT Ping Consultants dated 11/8/99 Memo from MT Ping Consultants dated 11/18/99 Final plat application dated 11/5/99 Letter from Peccia 8v Associates dated 1/5/98 Letter from DEQ dated 5/ 15/97 Title report from Sterling Title Services dated 10/ 15/99 Treasurers Certification dated 11 / 8 / 99 c: David Greer, MT Planning Consultants, Box 7607, Kalispell, MT 59904 Northwest Healthcare, 310 Sunnyview Lane, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \ ... \ KFP99-3 ■r■ ►iONTANA PLANIJING CONSUUANTS PO Box 7607 Kalispell, Montana 59904 (406) 756-1236 8 November 1999 -$ Narda Wilson N-n`� j- � Senior Planner Flathead Regional Development Office 723 Fifth Ave. E Kalispell, MT 59901 RE: FINAL PLAT OF BUFFALO COMMONS, PHASE 3, Block 2, Lot 1 Dear Narda: Attached are the application materials for the above -referenced final plat. The proposed lot and associated infrastructure are in substantial compliance with the PUD Development Agreement and with the preliminary plat. All the roads, water, and sewer facilities have been previously accepted by the City. These and other services have been extended to the lot. Certified as -built plans prepared by Robert Peccia & Associates are on file with the city and an engineer certification statement is attached with specific reference to Phase III. As with the previous applications involving Buffalo Commons, I am enclosing a copy [rather than the original] of the State Environmental Quality approval letter since Buffalo Commons is being platted in phases and there is only one original letter. This lot is being platted to allow the construction of a kidney dialysis center. We had hoped to gain final plat approval on the 15th of November to allow time for construction of the foundation before heavy frost_ The tabling of the preliminary plat complicates matters somewhat so, if possible, we would still appreciate approval of this final plat on the 15th of November, following approval of the preliminary plat. The subject lot lies within Phase III of Buffalo Commons, where all the infrastructure is complete, including landscaping. The fire chief has previously indicated approval of the fire hydrant locations in this Phase and, as always, has the opportunity to review the site plans of all proposed structures. Please let me know if you have any questions concerning this application request or require any additional information. Thank you for your continued cooperation. Sincerely, David Greer, aicp Consultant to NWHC copy: City Attorney attachments: Application fee of SW5.00 Application form Title report Tax certification statement DEQ approval statement (copy, original on file) Plats Engineer certification statement Land Use Consultants for the Prwaie and Public Sectors To: Narda Wilson, FRDO From: David Greer, Montana Planning Consultants Date: 18 November 1999 Subject: Final Plat of Buffalo Commons, Phase 3, Block 2, Lot 1 I submitted the final plat of the above -referenced subdivision on November 8, 1999. It is the proposed location of the new kidney dialysis center. At the time of submittal, my cover letter may not have addressed all the conditions set forth in City Resolution 94520. The purpose of this letter is to further clarify compliance with all required conditions of approval. Conditions, 1, 2, 6, 7, & 8 have application to this final plat The proposed lot is located in Phase III where all the required improvements have been installed, inspected, and approved by the city. Conditions 1 & 2 are satisfied based on previously approved as -built drawings and acceptance of the roads and associated improvements by the city with the filing of previous plats within Buffalo Commons. Compliance with condition #6 was addressed in the November 8 letter. The Fire Chief has previously reviewed and accepted hydrant locations (Condition # 7) pursuant to other filings (see, in particular, letter associated with Phase 4 final plat). All landscaping associated with this phase (Condition # 8) has been installed in accordance to the development agreement with the city. Please notify me if you need any additional information. I am assuming at this point that the application will be reviewed by the City Council on December 6, 1999. Please let me know if this is an accurate time schedule. Thank you for your cooperation. Flathead Regional Development Office 723 5th Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 FINAL PLAT APPLICATION Subdivision Name: Buffalo Commons Phase 3 Block 2 Lot 1 F. R. 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 C/O Tom Laux 310 Sunnyview Lane Kalispell, MT 59901 (406)752-1724 15 November 1999 Type Subdivision: I Residential Industrial PUD I Other No. of Lots Proposed: 1 Park Land (ac.): Land in Lots: (ac.) 1.3 Cash -in -lieu: Exempt: FILING FEE ATTACHED: $365.00 Non -Residential 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 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. 1-1 �Am &Wlm� h7 _---� 5 caner Signature Dat BUFFALO COMMONS PUD SITE DEVELOPMENT CERTIFICATION OF COMPLETION January 5,1998 TO: NORTHWEST HEALTHCARE (OWNER) CITY OF KALISPELL FROM: ROBERT PECCIA & ASSOCIATES SUBJECT: COMMONS WAY (FORMERLY NORTHRIDGE nRn7E) STATION 10+00 to 20+00 COMMONS LOOP (FORMERLY NORnIRIDCE LOOP) STATION 10+00 to 19+76.7 COMMONS LOOP (FORMERLY HERrrACE WAY) STATION 10+00 to 16+07.31 The above cited portion of Commons Way (formerly referred to as Northridge Drive in the Construction Contract Documents), and Commons Loop (formerly referred to as Northridge Loop and Heritage Way) have been designed and constructed in accordance with City of Kalispell approved plans and specifications and City Design Standards (April 1996). This Certification of Completion covers that portion of the Buffalo Commons PUD which is generally described as Phase III. All improvements have been completed. The Phase III area includes water, sanitary sewer, storm sewer, paved streets, sidewalks and curb and gutter and underground utilities (electric, natural gas, cable tv, and telephone) are in place and stubbed to individual lots. Water Main / Services: Hydrostatic Tests as per Technical Spec 02713: All passed Chlorination and Bacteriological Tests: All passed 2,423 ft. - Water Mains: Northridge Drive, Northridge Loop, and Heritage Way 5 ea - Fire Hydrants 1 ea - Water Service: Irrigation Meter Pit 19 ea - Water Services Sanitary Sewer Main / Services: Leakage, Deflection and Alignment (Light) Tests as per Technical Spec 02722: All passed 2,783 ft. - Sewer Mains: Northridge Drive, Northridge Loop and Heritage Way 12 ea - Manholes: (A2. A3, A4, B2, B3, B4, B5, B6, B7, C2, C3, and C4) 20 ea - Sewer Services: off Northridge Drive, Northridge Loop and Heritage Way 930 ft. - Sanitary Sewer Force Main Relocation Page Two Certificate of Completion Buffalo Commons PUD Portion of: COMMONS WAY (FORMERLY NORTHRIDGE DRIVE) STATION 10+00 to 20+00 COMMONS LOOP (FORMERLY NORTHRIDGE LOOP) STATION 10+00 to 19+76.7 COMMONS LOOP (FORMERLY HERITAGEWAY) AY) STATION 10+00 to 16+07.31 Storm Drainage System: All storm drainage pipes, detention ponds and outlet structures have been installed in accordance with the approved plans ans specifications. Asphalt Pavement: All asphalt has been installed as per plans. Laboratory results of Marshall Density tests, field density tests, core density tests, and core thicknesses indicate that the pavement is in substantial conformance to the approved plans and specifications (pending final punch list items in the spring/summer of 1998). 34,530 sf - 4" Asphalt Pavement: Northridge Drive Station 20+00 to 34+48 42,622 sf - 3" Asphalt Pavement: Northridge Loop Station 10+00 to 19+76.7, including South Parking Lot, 21,778 sf - 3" Asphalt Pavement: Heritage Way Station 10+00 to 16+07.31. Portland Cement Concrete Pavement: Laboratory results of compressive strength tests and/or concrete cores indicate that the concrete sidewalks, curbs & gutter and driveway approaches are in substantial conformance to the approved plans and specifications (pending final punch list items). --21,900 sf - Sidewalks: Northridge Drive, Northridge Loop and Heritage Way -- 5, 1651f - Curb and Gutter: Northridge Drive, Northridge Loop and Heritage Way 1 ea - Driveway Approaches Approval letters from the Montana Department of Environmental Quality (DEQ) for the overall Buffalo Commons PUD - Site Development are attached. I certify that the above statements are true: Philip Porrini, P.E. #4371 PE F:tiSnEDE VWWHCICOMADNMEPORTSIPHNI_CE. WP6 DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING & COMPLIANCE DIVISION Metcalf Building 1520 Bast Sixth Ave. MARC RACICOT, GOVERNOR --- STATE OF MONTANA 'Phone: (406)444-4323 Fax: (406)444-1374 May 15, 1997 Philip Porrini Robert Peccia & Associates 825 Custer Avenue Helena, MT 59604 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- C9oo water main, approximately 205S 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 CS-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 EOLL1 L OPPOATLWtrY 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 205692 CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of Ka 1 i spel 1 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 herebv 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 15th day of October . 19 99 , at 5 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. Boa 73) Kalispell, MT 59901 (406) 752 - 7000 FAX (406) 752.7207 (TITLE) (406) 257 - 5663 (ESCROW) Amhonied Sjgnawn CHICAGO TITLE INSURANCE COMPANY By: ATTEST: Pres ent Secretary PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE (NIONTANA) Reorder Form No. 9113 SCHEDULE A Page 2 Certificate No.: 27-0219-89-20528616 Our File No.: CG-28616 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: Those portion of the Southeast Quarter of the Northeast Quarter, Section 1, Township 28 North, Range 22 West, and Government Lot 5, Section 6, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, described as follows: Commencing at the Northwest corner of Government Lot 5, Section 6, Township 28 North, Range 21 West; thence along the West boundary of said government lot South 01024127/1 West a distance of 106.83 feet to the Southerly boundary of the Common Area and Utility Easement of Buffalo Commons, Phase 1, Block 1, the plat of which is on file with the Flathead County Clerk and Recorder and the Point of Beginning of the parcel being described; thence along said Southerly boundary of said Common Area and Utility Easement South 55018150/1 East a distance of 167.76 feet to the Westerly boundary of Commons Way, a 60.00 foot city street and a point on a 160.00 foot radius curve concave Southeasterly having a radial bearing of South 55018150/1 East; thence along said Westerly boundary of said Commons Way the following two courses: Along said curve through a central angle of 35038127/1 an arc length of 99.53 feet and South 00057117/1 East a distance of 96.84 feet to a point; thence South 8900214311 West a distance of 203.18 feet to the Easterly boundary of the Common Area of Buffalo Commons Phase 3, Block 1, the plat of which is on file with the Flathead County Clerk and Recorder; thence along said Easterly boundary of said Common Area North 00002131/1 East, a distance of 290.00 feet to the Southerly boundary of the Common Area and Utility Easement of Buffalo Commons, Phase 1, Block 1, the plat of which in on file with the Flathead County Clerk and Recorder; thence along said Southerly boundary of said Common Area and Utility Easement the following two courses: South 89037123/1 East a distance of 91.80 feet and South 55018150/1 East a distance of 21.32 feet to the Point of Beginning. TO BE KNOW AS: BUFFALO COMMONS PHASE 3 BLOCK 2 LOT 1 Page 3 Certificate No.: 27-0219-89-20528616 Our File No.: CG-28616 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 for the first half of the year 1999. 2. Property taxes for the second half of the year 1999. 3. Reservations in Patents or the acts authorizing the issuance thereof. 4. Mineral rights, claims or title to minerals, including but not limited to metals, oil, gas, coal, hydrocarbons, sand, gravel, stone, or rights relating thereto. 5. Right -of -Way Easement granted to Pacific Power & Light Company, a corporation, recorded September 18, 1959 under Recorder's Fee #5838, in Book 429, page 512, records of Flathead County, Montana. 6. 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. 7. 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 oersons, 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 8. 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. 9. Resolution No. 4174 regarding annexation recorded November 14, 1994 as Document #9431814340, records of Flathead County, Montana. 10. Terms and provisions in Ordinance No. 1226 regarding A Planned Unit Development recorded October 3, 1995 as Document #9527615080, records of Flathead County, Montana. il. Ordinance No. 1276 regarding Amendment of Declaration of Conditions, Covenants and Restrictions, recorded February 24, 1998 as Document #199805512210, records of Flathead County, Montana. 12. Ordinance No. 1281 regarding Vacating Declaration of Conditions, Covenants and Restrictions, recorded February 24, 1998 as Document #199805512220, records of Flathead County, Montana. 13. 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 14. Easement for the purpose of providing the City of Kalispell the right of egress and ingress for the purpose of constructing, maintaining, operating, repairing and removing a City sewer force main utility line, appurtenant equipment and a gas line upon and within said easement... recorded January 11, 1999 as Document #199901113260, records of Flathead County, Montana, and as shown on the unrecorded plat of Buffalo Commons Phase 3 Block 2 Lot 1. 15. Certificate of Parkland as shown on the unrecorded plat of Buffalo Commons Phase 3 Block 2 Lot 1. 16. Utility Easement as show-h on the unrecorded plat of Buffalo Commons Phase 3 Block 2 Lot 1. 17. No search has been made for water rights and unpatented mining claims and liability thereon is excluded from coverage of this Certificate. 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N MERIprAN RD 3 21 ri SAE! )OL DIS I RIC SIMMONS ADD 1 NC) +Jr I N 10D JE-- �\7 1 L t AMp r� I r 71� L 2 AMD AVO 31 21 11 t� _ ---1 — —— r :NMfrM �4 PLAT ROOM FLATHEAD COUNTY, MONTANA 800 S. MAIN KALISPELL, blT 59901 (406) 758-5510 THIS FORI`1 IS FOR SUBDIVISIONS AND C014DW-113IUMS ONTLY BY: (ib6y F v R: r b r t7 t GvE,2f' //e i. 6,;64 arm 19!12 `I'HRU j9gs Arm T() nA'rr -, ten) 0 9 CP 9 s17 OMP syo PATE: //I V �� T b cel-t_i [y Ll1ut_ t_tiGi'6 (?t'opf? CY.y assigned ned the a! :np-s.`.or nurnbor-1 1 i stud abc,.vC`_, for no. 1'pa i r}rji i'1 on frrL L; r1 L