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3. Final Plat - West View Estates Phase 3Planning Department 201 lst Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT Final Plat for Westview Estates Phase 3 MEETING DATE: July 20, 2009 BACKGROUND: This is a request for final plat approval of Westview Estates Subdivision Phase 3. Phase 3 consists of 30 single-family lots and one 2.19 acre city park on approximately 12.1 acres. The property is generally located on the north side of West Reserve Drive approximately 1/4 mile east of the intersection of Stillwater Road and West Reserve Drive. The property can be described as a portion of Assessor's Tract 5, located in Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The property was annexed into the City of Kalispell on May 5, 2003 and r'ai,:+:,1 Uli. A--:n-4:.-,r D 0 T T.I--- IVlil l ul1L1Q1 ZllllrD.�..:.7.....4:..1 11GJ1�11QLlllll Vl 1\-J, V1 UGLil 1\Ga1LLG11L1CU. The Westview Estates Subdivision was given preliminary plat approval by the Kalispell City Council on May 5, 2003, subject to 20 conditions. The council granted final plat approval for phases 1 and 2 on August 21, 2006. On August 18, 2008 the council granted the developer a one year extension for phase 3. All of the conditions have been met for the final plat of phase 3 and the developer is requesting final plat approval before the preliminary plat deadline of August 18, 2009. RECOMMENDATION: A motion to approve the final plat for Westview Estates Subdivision Phase 3 would be in order. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Sean Conrad Myrtebb Senior Planner Interim City Manager Report compiled: July 14, 2009 Attachments: Letter of transmittal Final plat application and supporting documents Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning July 13, 2009 Myrt Webb, Interim City Manager City of Kalispell 201 lst Avenue East Kalispell, MT 59901 Re: Final Plat for Westview Estates Phases 3 Dear Myrt: This is a request for final plat approval of Westview Estates Subdivision Phase 3. Phase 3 consists of 30 single-family lots and one 2.19 acre city park on approximately 12.1 acres. The property is generally located on the north side of West Reserve Drive approximately 1/4 mile east of the intersection of Stillwater Road and West Reserve Drive. The property can be described as a portion of Assessor's Tract 5, located in Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The property was annexed into the city of Kalispell on May 5, 2003 and given an initial zoning designation of R-3, Urban Residential. The Westview Estates Subdivision was given preliminary plat approval by the Kalispell City Council on May 5, 2003, subject to 20 conditions. The council granted final plat approval for phases 1 and 2 on August 21, 2006. On August 18, 2008 the council granted the developer a one year extension for phase 3. All of the conditions have been met for the final plat of phase 3 and the developer is requesting final plat approval before the preliminary plat deadline of August 18, 2009. The preliminary plat was approved with conditions as outlined below. The following is a discussion of compliance with each of these conditions as well as findings of compliance with the city subdivision regulations and zoning ordinance. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. • This condition has been met. The subdivision has been platted in compliance with the approved preliminary plat. Condition No. 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. • This condition is met. A letter from the Kalispell Public Works Department dated August 1, 2008 approves the street construction. Condition No. 3. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. • This condition is met. A letter from Frank Castles, Assistant City Engineer, dated November 7, 2005 approved the construction plans for water, sewer and drainage facilities. Condition No. 4. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. • This condition is met. A letter from WMW engineering dated July 25, 2008 states that all work has been completed in substantial conformance with the annrnveri plans. A letter from Mark Crowley, Construction Manager, dated August 1, 2008 approves of the existing completed improvements within the subdivision. Condition No. 5. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. • This condition has been met. The developer has opted to pay the Kalispell Parks and Recreation Department for the installation of 68 boulevard trees for phase 3. Please see attached a letter from the Kalispell Parks and Recreation Department dated April 18, 2008. The boulevards have already been seeded and the draft CC&R's submitted with the final plat application for phases 1 and 2 require the homeowners to maintain the grass within the boulevard. Condition No. 6. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. • This condition is met. A letter from Frank Castles, Assistant City Engineer, dated November 7, 2005 approved the storm water drainage plan. Condition No. 7. That the developer obtain a letter from the Montana Department of Transportation approving the intersection of the new internal roadway and West Reserve Drive and certifying that any necessary improvements have been made. • This condition is met. A letter from James Freyholtz, P.E., Kalispell Area Traffic Engineer for the Montana Department of Transportation dated June 4, 2009 states 2 that all needed traffic migration measures have been completed at the intersection. Condition No. S. Obtain a permit from the Flathead County Road Department for the new road access onto Stillwater Road and any needed improvements be made prior to final plat approval having been reviewed and approved by the road department superintendent. • This condition was met as part of phases 1 and 2. Condition No. 9. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. All roads within the subdivision have been named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual. Condition No. 10. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. • This condition is met. The plan for mail service has been approved by the U.S. Postal Service in a letter to the developer dated November 20, 2007. The developer has purchased the central box units the post office will deliver to in June of this year. The post office will be installing the central box units shortly. Condition No. 11. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. • This condition is met. Street lighting has been installed with shielding. Condition No. 12. That the parkland dedication requirements shall be one -ninth or 11 percent of the area in lots or 3.69 acres. The 2.20 acre as indicated on the plat will meet a portion of that requirement and the remaining approximately one acre required can be met by investing an equivalent cash value into the park. The cash -in -lieu of parkland values is based on a value of $10,000 per acre or other value demonstrated by the developer as the purchase price per acre. This condition is met. As part of the final plat for phase 3 the developer will be dedicating a 2.19 acre park to the city. Improvements to the park will be implemented over the next several years based on an agreement with the developer and the Parks and Recreation Department. Condition No. 13. That a road access be provided from Taylor Road connecting Parcel A to the subdivision. • The road access to Parcel A will be provided in the next phase of development. Condition No. 14. That a minimum 20-foot buffer strip shall be established between West Reserve Drive and the subdivision. 3 • This condition was partially met with the final plat of phase 1. The remaining length of buffer strip will be dedicated with the remaining phases of the subdivision. Phase 3 does not have any frontage along West Reserve Drive. Condition No. 15. In addition to the 20-foot buffer strip, a 10-foot right-of-way reservation along West Reserve Drive be indicated on the final plat for the future expansion of that road. • This condition was partially met with the final plat of phase 1. The remaining 10- foot right-of-way reservation along West Reserve Drive will be dedicated with the remaining phases of the subdivision. Phase 3 does not have any frontage along West Reserve Drive. Condition No. 16. All utilities shall be installed underground. • This condition is met. All utilities will be installed underground per the approved plans. Condition No. 17. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the Fire Department prior to final plat annroval_ • This condition is met. A letter from the Fire Department dated November 30, 2007 approves of the subdivision's access, hydrant location and fire flow. Condition No. 18. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • This condition is met. All of the necessary infrastructure has been installed and inspected by the appropriate departments. Condition No. 19. All areas disturbed during development of the subdivision shall be re - vegetated with a weed -free mix immediately after development. • This condition is met. The developer has seeded the property and has continually maintained the vacant land to suppress the weeds. Condition No. 20. That preliminary approval shall be valid for a period of three years from the date of approval. • This condition is met. The city council granted a one-year extension for phases 1 and 2. With the extension the preliminary plat for phase 3 is valid until August 18, 2009. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. 0 COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-3 zoning for the property. All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Please schedule this matter for the July 20, 2009 regular city council meeting if possible. You may call me at 758-7940 if I can be of assistance to you regarding this matter. Sincerely, F /jIf Sean Conrad g( Senior Planner Attachments: Vicinity map & 11 x 17 plat 2 reproducible mylars of final plat 1 blueline of final plat Final plat application dated 5/27/09 Letter from Sands Surveying dated 6/4/09 Letters from Kalispell Public Works dated 8/1/08, 11/7/05 and 8/8/06 Letter from WMW Engineering dated 7/25/08 Letter from Kalispell Parks and Rec dated 4/ 18/08 Letter from Montana Department of Transportation dated 6/4/09 Letter from USPS dated 11 / 20 / 07 Letter from Kalispell Fire Department dated 11/30/07 Memorandum letter of Understanding for park development dated 7/2/07 Letters from MDEQ dated l l/ 17/05 and 12/5/05 Title report # G 1578-67159 dated 5/7/09 Treasurer's certification dated 5 / 20 / 09 c: Theresa White, Kalispell City Clerk Sands Surveying, Inc., Attn: Eric Mulcahy, 2 Village Loop, Kalispell, MT 59901 Owl Corp, Attn: Mark Owens, 500 Palmer Drive, Kalispell, MT 59901 5 City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: West View Estates, Phases 3 Contact Person: Name: Sands SurygqnZ Inc Address: 2 Village Loop, Kalispell, MT 59901 Phone No.: 406 755-6481 Owner & Mailing Address: _Owl Corp, Attn: Mark Owens_ 500 Palmer Drive -Kalispell, MT 59901 (406) 752-5666 Date of Preliminary Plat Approval:_Phases 1 and 2 final platted on August 21, 2006. Phase 3 ,1.] �. n,,,r....+ n nnnQ ...-..7 +L... %V ..-....1 grant -,-'-ens; so Ile Dl.- 1 . .1.-7 Would G1iTJire on August 21, 2008 and L11G I..V Ldll.al grantGU d one year G1iLG1151V11 .7V Ul- r1cLL WUUIU expire on August 21, 2009. Type of Subdivision: Residential X Industrial Commercial PUD Other Total Number of Lots in Subdivision 30 lots in Phase 3 Land in Project (acres) _12.143 acres in Phase 3 Parkland (acres) 2.192 acres Cash -in -Lieu No. of Lots by Type: Single Family X Townhouse Duplex Commercial Condominium Apartment Industrial Multi -Family $ Exempt Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property _W 1 /2 of SW 1 /4 of Section 25, Township 20 North, Range 22 West. P.M.M. FILING FEE ATTACHED $ 4 550.00 Minor Subdivision with approved preliminary plat $400 + $125/lot Major Subdivision with approved preliminary plat $800 + $125/lot Subdivisions with Waiver of Preliminary Plat $800 + $125/lot Subdivision Improvements Agreement $ 50 Attached Not Applicable (MUST CHECK ONE) X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) Maintenance Agreement X Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of U.Le p rellllllilW—Y plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. C1 wner(s) Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: l . Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 June 4, 2009 City of Kalispell Planning Department 17 2nd Street East Kalispell, MT 59901 RE: Final Plat submittal for West View Estates, Phase 3. Dear Planning Office: This cover letter is intended to give an overview of the conditions of approval and the supporting documentation for meeting the conditions for West View Estates Phase 3. The Kalispell City Council granted preliminary plat approval of the subdivision on May 5, 2003 and granted a one year in 2006. The City Council granted Final Plat of Phase 1 and 2 on August 21, 2006 which gives Phase 3 until August 21, 2008 to reach final plat approval. On August 18, 2008 the Kalispell City Council granted the developer a one year extension for Phase 3. The required improvements are in place and accepted and the applicant is not submitting a Subdivision Improvements Agreement. Preliminary Plat Conditions Condition #1: That the development of the subdivision shall be in substantial conformance with the approved preliminary plat which governs the general location of the lots and roadways. This condition is met. The final plat conforms to the preliminary plat approved by the City Council. Condition #2: That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. This condition is met. See letter from the Kalispell Public Works Department approving the infrastructure and starting the one-year warranty period (8/l/08) Condition #3: That a letter be obtained from the Kalispell Public Works Department approving the plans and specification for water, sewer, and drainage facilities for the subdivision. This condition is met. (See letter from Kalispell Public Works Department, Frank Castles, P.E. dated 11/7/05 and 8/8/06 and letter from Kalispell Fire Department approving hydrant specifications, fire flows and access dated 11/30/07). Condition #4: A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City Standards. This condition is met. (See letters from WMW dated 7/25/08 and Kalispell Public Works Department and letter from Kalispell Public Works dated 8/l/08). Condition #5: Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation Director This condition is met. The developer has provided the City of Kalispell a check for $20,060.00 to cover the cost of planting 68 boulevard trees within Phases 3. The Kalispell Parks Superintendent, Chad Fincher has provided a letter dated 4/18/08 approving the landscape and boulevard plan. Condition #6: A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. This condition is met. (See letters from Kalispell Public Works Department) Condition #7: That the developer obtain a letter from the Montana Department of Transportation approving the intersection of the new internal roadway and West Reserve Drive and certifying that any necessary improvements have been made. This condition was met in Phase 1 and 2. (See MDOT permit and letter from Clay Colby dated 8/2/06. The turn bays are in place and the High School is up and running) Condition #8: Obtain a permit from the Flathead County Road Department for the new road access onto Stillwater Road and any needed improvements be made prior to the final plat approval having been reviewed and approved by the road department superintendent. This condition was met in Phases 1 and 2. (See Flathead County Road Approach Permit AE- 2191). Condition #9: The road within the subdivision shall be named and signed in accordance with the policies of Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. This condition is met. The road signs are in place. Condition #10: The developer shall provide a letter from the US Postal Service approving the plan for mail service. This condition was met and mailbox units are in place. (See Letter from the USPS dated 11 /20/07) Condition 411: Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. This condition is met. The lighting plan was approved by Kalispell Public Works. The lights have been installed by Flathead Electric Coop. Condition #12: That parkland dedication requirements shall be one -ninth or 11% of the area in lots or 3.69 acres. The 2.00 acres as indicated on the plat will meet a portion of that requirement and the remaining approximately one acre required can be met by investing and equivalent cash value into the park. The cash -in -lieu of parkland value is based on a value of $10,000 per acre or other value demonstrated by the developer as the purchase price per acre. This condition is met. Developer entered into an agreement with the City of Kalispell on July 5, 2007 for developing the park with a City water well pump house and restrooms. The City has drilled the well on the property and constructed the well house and restrooms. The developer has provided funding through the cash -in -lieu payment to go towards the City's to install irrigation, seeding and playground equipment. The park improvements are in process and expected to be complete by spring or summer of 2009. The language on the face of the West View Estates, Phase 3 plat dedicates the park to the City of Kalispell. Condition #13: That a road access be provided from Taylor Road connecting Parcel A to the subdivision.. The applicant will meet this condition in the next phase as Phase 3 does not construct Taylor Way. Taylor Way will be constructed in Phase 4. Condition #14: That a minimum 20-foot buffer strip shall be established between West Reserve Drive and the Subdivision. This condition is partially met. The buffer strip is landscaped however only the portion that was in Phase 1 has been dedicated with the remaining portion to be dedicated in the future with the Phase 4 and 5 Plats. Phase 3 does not have any frontage on West Reserve. Condition #15: In addition to the 20 foot buffer strip, a 10-foot right-of-way reservation along West Reserve Drive be indicated on the final plat for future expansion of that road. This condition is partially met. A portion of the ROW reserve was dedicated in Phase 1 however there is no West Reserve frontage in Phase 3. The remainder of the ROW reserve will be dedicated in Phases 4 and 5. Condition #16: All utilities shall be installed underground. This condition is met. The utilities are in place. Copies of the contracts are in the packet. Condition #17: That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the Fire Department prior to final plat approval. This condition is met. (See Letter the Kalispell Fire Department dated 11/30/07) Condition #18: That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. This condition is met. The developer has completed all of the improvements. Condition #19: All areas disturbed during development of the subdivision shall be revegetated with weed free mix immediately after development. This condition is met. The applicant has been actively managing the property for weeds. Condition #20: The preliminary approval shall be valid from date of approval. This condition is met. A one year extension was granted by the City Council for Phase 3 preliminary plat and the preliminary approval for phase 3 will expire on August 21, 2009 2007. A title report is included with this application. Taxes are paid in full. Should you have any questions regarding this final plat application, please contact me at 755-6481. Sincerely, ��-�- � -,� A-,Zf Eric H. Mulcahy, AICP Sands Surveying Inc. Attachments: City of Kalispell Final Plat Application Letter — WMW Enaineerina (10/25/08) Letter — Kalispell Public Works Department (8/l/08) Letter —Kalispell Public Works Department (11/7/05) Letter — Kalispell Public Works Department (8/8/06) Letter — Kalispell Parks and Recreation Department (4/18/08) MDOT permit (8/2/06) Flathead County Road and Bridge Department Approach Permit (7/31/06) Letter — USPS (11/20/07) Memorandum of Understanding, City of Kalispell and Owl Corporation (7/5/07) Letter — Kalispell Fire Department (11/30/07) MDEQ letters (12/2/05 and 11/17/05) Title Report for Phase 3 (Order # CG-50090, Guarantee # G1578-67159, Date 5/7/09) Tax Certification Phase 3 (5/20/09) City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 August 1, 2008 WMW Engineering, PC 50 West Second Street Whitefish, MT 59937 Attention: Tonya Wells, P.E. Re: West View Estates Phase 3 Dear Tonya, The City of Kalispell Public Works Department hereby approves the existing, completed ('itv infractn irti Grp imnrnvpmPntq fnr the rPfPrPnrPH nrniprt. ThP nnP-vPar warranty �..�� .. ... ter. w. .,.....,... v .. ..�,.. v..... .... ...- .�. �..� �. �. �..�.� �.. ..J��. ...� period for the City owned and maintained existing, completed improvements commenced on July 25, 2008. If you have any questions, do not hesitate to contact this office. . Sincerely' ark rowley k Construction Manager CC: Sean Conrad, Senior Planner; Planning Department r tC City of Kalispell Public Works Department 5 Post Office Boa 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 November 7, 2005 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: West View Estates Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by WMW Engineering, PC, Consulting Engineers, for the referenced project with the stipulation that the required vertical clearances for the water/sewer intersections be maintained. The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the project. Please feel free to call if you have any questions. Since ely, Frank Ca les, P.E. Assistant City Engineer cc: WMW Engineering, PC Consulting Engineers 50 West Second Street Whitefish, Montana 59937 City of Kalispell Public Works Department Post Office Boa IM, KaiiWfl, Montana 599034997 - Telephone (406)758 7720. Fax (406)758-7831 August 8, 2006 WMW Engineering, PC Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Via fax: 862-7827 Attention. Paul Wells, P.E. Re: West View Estates Dear Paul: The construction plans and supporting documents for the referenced project are hereby approved. Approval does not relieve you or the contractor from compliance with the standards currently in effect. Since ly erankastles, P.E. Assistant City Engineer WMW ENGINEERING, PC Paul Wells, P.E. Consulting Engineers Principal Engineer 50 West Second Street Whitefish, Montana 59937 Phone (406) 862-7826 July 25, 2008 Fax (406) 862-7827 Mayor Kennedy and City Council City of Kalispell PO Box 1997 Kalispell, MT 59903 RE: West View Estates Phase 3 Dear Mayor and City Council: Please accept this letter as my certification that all work has been completed in substantial conformance with the approved plans and specifications. ••eeeoee° e a ()NTA/I% . • ° � e • 1 e e R ° • TO NYA L. Sincerely, e ° WEI • e Tonya L. Wells nn'•• `'®� '7/2�'`0� • ••eoaoe° Cc: Mark Owens, OWL Corporation" Eric Mulcahey, Sands Surveying Max Lauder, DEQ Of Kalispell Parks and Recreation April 18, 2008 Lee Griswold Owl Corporation 500 Palmer Drive Kalispell, MT 59901-2767 35 1 st Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: clincher@kalispell.com Re: West View Estates Subdivision, Phase 3 Dear Lee: This letter is to serve as approval of the landscaping agreement submitted and dated April 14, 2008 for boulevard trees and planting in West View Estates Subdivision, Phase 3. This agreement stipulates that developer will pay the city $295.00 per tree to be planted in phase 3. Going off the submitted landscape plan from Bruce Lutz, there are a total of 68 trees to be planted. The total cost for this Developer's Agreement is $20,060.00. The developer and/or property owner will be responsible for any boulevard prep, seeding or sod. This Developer's Agreement is solely for trees and no other landscaping in West View Estates Subdivision, Phase 3. We are in receipt of your check numbered 5025 for the amount of $20,060.00 to cover the planting of twelve (68) trees in West View Estates Subdivision, Phase 3. As the lots are developed, please call our office to schedule the tree plantings. If you have questions regarding the timing involved to plant trees or any concerns, feel free to contact me. Sincerel , 1, Chad Fincher, Parks Superintendent CC: Sean Conrad, Planning Department Mike Baker, Parks and Recreation Director Deb Diest, Finance Department W Montana Department of Transportation Jim �rroTt'tJ+.h+l arFSta;�ri<ta• _ - __._,_.,. _.._ _. ..._.. _. _ � C ^ f m J Fifth f.'veii Ue LE sir-Nor!r" .Mille 4, 2009 Eric Mulcahy Sends Surveying, Inc. Village Loop Kalispell, MT 59901 Subject: W-est View Estates Taelor Road Access — Secondary 548, M 3.) This letter is in regards to the `1'aelor Road access, which is a now a city street, from Secondary 548 for West View Estates development. A temporary approach permit was issued by the Montana Department of Transportation ,,a,rrym r ..+L,. . �nnr.. ,;,L �U �: ..i + -: a +. , a ; (ivi-u i 1 lUt L1ttaS Ut,UUus (lt Lt1VV WiLli UK; S>UtJUIULi Vil iVt LU111 lades LV be Coll bLi Llcued in conjunction with the Glacier -liigh School for mitigation of traffic impacts. MDT's Reserve Loop constructionproject on Secondary 548 included all heeded traffic mitigation measures. Thus the access is acceptable and the developer has no other required improvements regarding this access. Feel free to contact me if you have any questions. :lames M. Freyholtz, P.E. Kalispell :area Traffic Engineer (406) 751-2066 copies: File Pt10iPE, 'A0b,9l��I•[7W MY` -7x: ;.:OL,' 732-576;1 t£C r � e: ww.rnr:i.mt.g�v FLATHEAD STATION 248 FIRST AVENUE WEST KALISPELL MT 59901 November 20,2007 To Flathead County Planning Board: Re: West View Estates Ph 3 To Whom It May Concern: The above referenced project has been reviewed. A suitable location for mail delivery has been established. Centralized boxes will be installed with a turnout 10 feet wide and 20 feet long for the carrier to service and leave these boxes. This phase will be included in the area set aside for phases 1 and 2 The developer will be responsible for purchasing the CBUs. The Developer or homeowners individually or collectively will be responsible to keep the roadway and area to the boxes clear of ice and snow. If you have any questions please feel free to call me at (406) 755-0187. Sincerely yours: us� ffl a,,v4) Elden Marvel Manager Customer Services (406}755-0187 Fax: (406)-755-0376 KALISPELL FIRE DEPARTMENT Randy Brodehl — Fire Chief _ 312 First Avenue East Dan Diehl — Assistant Chief/Operations Kalispell, Montana 59901 DC Haas — Assistant Chief/ Prevention (406) 758-7760 Tim Soule —Assistant Chief/Training FAX: (406) 758-7952 November 30, 2007 Owl Corporation Attn: Lee Griswold 500 Palmer Drive Kalispell, MT 59901 Re: Final plat approval — Westview Estates Phase III Dear Mr. Griswold, In response to your request for approval of the above -referenced project, our department approves final plat for Westview Estates Phase iii, with the following information and conditions: • Fire hydrant locations and fire flows are approved by this department. • Fire department access is approved. • It is understood street name signs will be installed prior to combustible construction. • It is understood one fire hydrant has yet to be fitted with a "storz" quick -connect adapter, and this adapter will be installed as soon as possible. Please contact me if you have any questions. Sincerely, —__- F. Ray Ruffatto Deputy Fire Marshal xc: Tom Jentz, Kalispell Planning Office Craig Kerzman, Kalispell Building Official "Assisting our community in reducing, preventing, and mitigating emergencies. " RE: Memorandum Letter of Understanding between the City of Kalispell and Owl Corporation, owner and Developer of West View Estates, with Mark Owens as the managing partner. Date: July 2, 2007 It is understood and agreed to that as a benefit to both of the above referenced parties the following conditions or actions will be undertaken: 1. Owl Corporation to sign an access agreement that is necessary for City of Kalispell water system improvements, which are to be located within the park area of West View Estates. 2. City Park Department to contact Bruce Lutz to get preliminary neighborhood park design. Final design and completed cost estimate to be agreed to by Parks Department and developer, and shall be completed by July 31, 2007. Design to be paid for by Parks Department. 3. City Park will be constructed per attached final design by Bruce Lutz. 4. City to pay for completion of the restrooms with outside drinking fountain. c Dom+,. ,,-1 ,t,- „1. .Y F .,+„ +„ 1,� F„ „+: ..1 1... Y,.t, 1 [ 7hl14 T)--1. J. 1\LiJLloollls a11U Ullllt\lllb' LVUlll0.tii LV VG 1U11GL1o110.1 Uy JUIY' 1J, LVVO. rtllti 1J to be rough graded and seeded by November 1, 2007. 6. A cash -in -lieu of parks fund for park development, which is being given by Owl Corporation, will be used to fund park construction, but shall not be used for bathrooms completion, as this will be a City responsibility. 7. A fund is to be set up by Owl Corporation and the City Parks Department for the purposes of funding park construction. Which is in excess of the cash -in -lieu previously mentioned. The monies for the fund are to be added to the fund in equal amounts by each party as necessary for construction. The fund will be administered jointly by a representative of Owl Corporation and the Parks Department, 8. The park is to become a City owned and operated neighborhood park at the time of final plat filing for Phase 3 of West View Estates. The park is to be fully functional by August 1, 2008. of Kalispell Date & Owl Corporation Date Mark Owens, Managing Partners X%tlilllll,/ w O:q ii • ` :. :SILL v "if I I 110, vvnTvicw rcirK Park Area 2.192 AC. Key shelter ® Pedduous Trees r* Coniferous Trees PIrnIc Fixed o7iWesr r — We O O Horseshoe Pits ORanches Q UnWng Fountain I) Landscape boulder 0 Z 1 Inch - 20 Fecf Oft 25k 50A bir�ecAvr AbbOGi Afsb Date: 6-27-07 Rv5d: 7-03-07 Montana Department of EMRONMENTAL QUALITY P.O. Box 200901 Helena, MT 59620-0901 November 17, 2005 Lee Griswold WMW Engineering PC Whitefish MT 59937 Dear Mr Griswold: Brian Schweitzer, Governor • (406) 444-2544 www.deq.mt.gov RE: West Vies:- Estates Municipal Facilities Exclusion EQ#06-1936 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA, this subdivision is not, subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA{. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Public Water Supply Section, Kalispell Office for their review. Sincerely, anet Skaarland Compliance Specialist Subdivision Section (406) 444-1801 — email iskaarlandCaimt..gov cc: City Engineer County Sanitarian file Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division Montana Department of ENvmoNmENTALQUAUTY Brian Schweitzer, Governor 109 Cooperative Way • Suite 105 • Kalispell, MT 59901-2389 • (406) 755-8985 • FAX (406) 755-8977 Lee Griswold December 5, 2005 WMW Engineering,PC 50 West Second Street Whitefish, MT 59937 RE: Westview Estates Water & Sewer Extensions; EQ#06-1936 Dear Mr. Griswold: Attached is a copy of the approved deviation request for the above project. Note that the approval requires flowable fill to be used at the sewer and water line crossings identified in the request. Sincerely, T- 5W diLUI 1V1.UIUUGr, P.r. Environmental E -Weer PE Public Water Supply Section Public Water Supply and Subdivisions Bureau cc: OWL Corporation City of Kalispell PWD Flathead County Sanitarian File Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 7 December 1, 2005 No. RE: West View Estates Water & Sewer Extensions: EQ#06-1936 �1`J To: Deviation Review Committee ��WSS From: Max Lauder, PWS Subject: Request for Deviation. Circular DEQ-2 Design Standards for Waste�yater Facilities, 1.999 Edition Section 38.32 Crossins Change from: Sewers crossing water mains must be laid with a minimum vertical distance of 18 inches (457 mm) between the outside of the water main and the outside of the sewer. Chaniie to: Sewers crossing water mains must be laid with a minimum vertical distance of 6 inches (152 mm) between the outside of the water main and the outside of the sewer. Justification: See attached information from the engineer. Applicability - Limited: This deviation will be limited to the listed locations on the deviation request for West View Estates W&S Extensions, EQ#06-1936. Taelor Road Ali Loop Lorries Road Station 3+12 Station 2+80 Station 8+90 Station 7+99 Station 10+89 Station 21--95 Station 22;-07 Station 27+30 Review Engineer's Recommendation: (Max Lauder) I recommend approval of this request. The minimum conditions for these crossings required in 38.32 subsections a. through f. will be complied with and are included on the construction drawings. Committee's Final Disposition DEVL,kTION REQUEST WEST VIEW ESTATES SUBDIVISON The following is a request for a deviation from DEQ 1 Standard 9.6.3, Crossings. This standard states that water mains crossing sewers must be laid to provide a minimum vertical distance of 18-inches between the outside of the water main and the outside of the sewer. The justification for this deviation is as follows: 1. The sewer has been designed at minimum grade throughout the project_ This was necessary- because of the relatively flat terrain and the depth of the existing sewer to which the proposed sewer is to connect to. Raising the sewer is not an option, for it might not have adequate depth in some locations. Lowering the sewer would mean a sewage lift station would be required, and the City would not accept one if there are other options. 2. The system as designed provides for a minimum separation of 6-inches between water and sewer crossings, and there is generally 1-foot if not more. To lower the waterline would place it at a depth of approximately 10-feet, and the Kalispell Public Works Department is not in favor of this idea unless absolutely necessary. 3. DEQ 2, Section 38.32, Crossings, allows for the separation of water and sewer of a minimum of 6-inches if a deviation is granted, provided that the following minimal conditions are met a_ Vertical separation at crossings between water and sewer mains must beat least 6-inches. b. Sewer pipe must be PVC with nominal 20-foot lengths. c. At crossings, one standard length of new pipe must be centered at , approximately a 90-degree angle in respect to the existing pipe. d. The sewer must pass low-pressure air testing in accordance with UniBell Recommended Practice UNI-B-6-90. e. Sewer services utilizing in -line fittings and extending to at least property lines must be installed and tested within 10-feet of the crossing. Saddles are not acceptable. f If the minimum separation is not viable, the waterline must be relocated, and vertical separation at crossings between water and sewer mains must be at least 18-inches. These conditions have been listed on the plans (Sheet 18, Construction Requirements, Note 10). titi%est�%iew Est DR. Page 1 of 2 GUARANTEE - (CLTA Form) Rev. 6/6/92 GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN, Stewart title guaranty company a corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Countersigned b . ZLL Authorized Sig #U re Sterling Title Services Company Kalispell, MT 59901 City, State �Atewart® Senior Chairman o the Boar / / � I fumi- M ent Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the company for further information as to the availablility and cost. Serial No. Gudal No. G 1578- 67159 In writing the Company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number. PLATTING CERTIFICATE SCHEDULE A Order No. CG-50090 Guarantee No..: G 1578-67159 Date of Guarantee: May 7, 2009 at 5:00 P.M. Liability: $5,000.00 Premium: $150.00 A. Assurances: 1. Description of the land: A tract of land, situated, lying, and being in the West Half of the Southwest Quarter (W%2SW'/a) of Section 25, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Commencing at the SW corner of the SW%4 of Section 25, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana; thence along the West boundary of said SW%4 North 00°06'41" West, a distance of 1697.69 feet; thence North 89'59' 11" East along the South boundary of Lot 33 of the plat of West View Estates, Phase 2, (records of Flathead County, Montana), a distance of 195.00 feet to the centerline of Lorries Road; +I,.-, - —;A ce +eri;,,0 LlllillV .. 0.1V116, .l. al" 1, l.11 LL..11lll.. South 00006'41" East, a distance of 25 feet; thence along the South boundary of Lot 81 and 82 of said West View Estates, Phase 2 North 89'59' 11" East, a distance of 145.00 feet to a point and the True Point of Beginning of the tract of land herein described; thence along the South and West boundary of said West View Estates Phase 2 North 89'59' 11" East, a distance of 491.06 feet to a point; thence South 74°54'31" East, a distance of 65.08 feet to a point; thence South 56°27'06" East, a distance of 71.85 feet to a point; thence South 36°12'40" East, a distance of 72.24 feet to a point; thence South 18°44'49" East, a distance of 64.87 feet to a point; thence South 00°00'23" West, a distance of 481.93 feet to the centerline of Ali Loop; thence along said centerline North 89'59' 11" East, a distance of 25.18 feet; thence leaving said centerline South 00°06'40" East, a distance of 145.00 feet to a point; thence leaving said West boundary South 89'59' 11" West, a distance of 529.39 feet to a point; thence North 71°46'59" West, a distance of 69.95 feet to a point; thence North 51°17'20" West, a distance of 69.95 feet to a point; thence North 33°03'33" West, a distance of 69.95 feet to a point; thence North 10°43'48" West, a distance of 69.54 feet to a point; thence North 00°06'40" West, a distance of 610.74 feet to the Point of Beginning. 2. Name of Proposed Subdivision Plat or Condominium Map: WEST VIEW ESTATES, PHASE 3 That the only hereafter named parties appear to have an interest showing in the public records affecting the land necessitating their execution of the named proposed plat or map are as follows: Owl Corporation, A Montana Corporation Page 2 Certificate No.: G 1578-67159 Our File No.: CG-50090 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 second half of the year 2008. 2. Property taxes, including any assessments collected with the taxes, for the year 2009. 3. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency, which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by public record. 4. Any facts, rights, interest or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 5. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 6. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 7. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 8. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 9. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M. C. A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails. 10. Any right, title or interest to water rights, claims or title to water. Any reservations or exceptions in patents. 11. Reservations in Patents or the acts authorizing the issuance thereof. Page 3 Certificate No.: G 1578-67159 Our File No.: CG-50090 12. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easements or other rights relating thereto, whether express or implied, recorded or unrecorded. 13. Notice of Appropriation of Water recorded January 31, 1950 under Recorder's Fee #419, in Book 311, page 6, records of Flathead County, Montana, 14. Authorization To Change Appropriation Water Right recorded October 6, 1982 under Recorder's Fee #14802, in Book 750, page 288, records of Flathead County, Montana. 15. Easement for gas pipe line and related purposes granted Montana Power Company, recorded May 27, 1993 as Document #9314710570, records of Flathead County, Montana. 16. A non-exclusive easement for existing irrigation lines and equipment, and terms and provisions contained therein, granted in instrument recorded April 17, 2001 as Document #200110716100 and reserved in instruments recorded April 17, 2001 as Document #200110716130 and May 9, 2001 as Document #200112916450, records of Flathead County, Montana. 17. A 20 foot non-exclusive permanent easement for irrigation pipeline and related purposes, granted in instrument recorded April 17, 2001 as Document #200110716110 and reserved in instruments recorded April 17, 2001 as Document #200110716130 and May 9, 2001 as Document #200112916450, records of Flathead County, Montana. 18. Terms and provisions contained in Agreement, regarding possession, farming, co -listing and water system, recorded April 17, 2001 as Document #200110716120, and agreement clarifying co -listing clause, recorded June 4, 2004 as Document #200415612330, records of Flathead County, Montana. 19. Terms and provisions contained in Road Maintenance Agreement, recorded January 23, 2002 as Document #200202316410, records of Flathead County, Montana. 20. Terms and provisions contained in Resolution No. 4785, regarding annexation to the City of Kalispell, Montana and zoning, recorded June 9, 2003 as Document #200316011000, records of Flathead County, Montana. 21. Petition to annex and notice of withdrawal from rural fire district, recorded June 9, 2003 as Document #200316011010, records of Flathead County, Montana. 22. Terms and provisions contained in Latecomers Agreement For Reimbursement For Municipal Water And Sewer System Extensions, recorded May 5, 2006 as Document #200612509030, records of Flathead County, Montana. Page 4 Certificate No.: G 1578-67159 Our File No.: CG-50090 23. Terms and provisions contained in Resolution No. 5129B, regarding amendment to the Kalispell Growth Policy 2020 to be known as the Highway 93 North Growth Policy Amendment, recorded August 11, 2006 as Document #200622308320, records of Flathead County, Montana. 24. Terms and provisions contained in Resolution No. 5167, regarding zoning and annexation to the City of Kalispell, Montana, recorded December 18, 2006 as Document 4200635215490, records of Flathead County, Montana. 25. Petition to annex and notice of withdrawal from rural fire district, recorded December 18, 2006 as Document #200635215500, records of Flathead County, Montana. 26. A 10 foot utility easement, as shown on the plat of West View Estates, Phase 2 and the unrecorded plat of West View Estates, Phase 3. 27. Utility easement certificate, as shown on the unrecorded plat of West View Estates, Phase 3. 28. Sixty foot city streets, utility/drainage easements; utility easements, sub -surface drainage easements, as shown on the unrecorded plat of West View Estates, Phase 3. v 29. A 100 foot well isolation zone, well and a 15 foot walkway/utility & drainage easement, as shown on the unrecorded plat of West View Estates, Phase 3. 30. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. 111dy WKU d1ly dPP1UPf1dLU dUtIU11 U11UU1 111Um/x16mmauudlultft,nxUMU1mmx it shall be liable hereunder, and shall onnoodo liabilitywaive any nof this Guarantee. If the Company shall exerciseitsrights under this paragraph, itshall dnnodiligently. elects(b) If the Company rd its options as stated in Paragraph the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company oheU have brought an action or interposed o defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation tofinal determination byacourt ofcompetent jurisdiction and expressly moonmo the righi, in its sole discretion, to appeal from on adverse judgement urorder. k8 In all oaSou whore this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. the facts giving rise to the loss or damage. The proof of loss or damage shall or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the unless, in the reasonable judgement of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under 7. Options to Pay or Otherwise Settle Claims: Termination of Liability - case of a claim under this Guarantee, the Company shall have the followi additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase t 11. Payment of Loss (a)No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 12. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest inthe Company unaffected byany act of the Assured claimant. The Company shall bosubm0atedtnand beentitled toall rights and remedies which the Assured would have had against any person orproperty inrespect to the claim had this 8uemn\ae not been issued. If requested by the Company, the Assured shall transfer tnthe Company all rights and remedies against@ny person urproperty necessary inorder toperfect this right ofsubrogation. The Assured shall permit the Company tosue, compromise nrsettle inthe name nfthe Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. K a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal,interest, and costs of collection. 13. Arbitration Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include afforneys'fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgement upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law ofthe sitmof the land shall apply to an arbitration under the Title A copy of the Rules may be obtained from the Company upon request. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall barestricted to this Guarantee. (c)Noamendment oforendorsement to this Guarantee can bV made except byawriting endorsed hereon or attached hereto signed byeither the President, 8 Vice President, the Secretary, an Assistant Gocretary, or validating officer or authorized signatory nfthe Company 15.Notices, Where Sent All notices required to be given the Company and any statement inwriting mqukndtobefumiuhodthoCnmpan shall include the number of this Guarantee and shall be addressed to the Company at P.O. Box 2028 Houston, Texas 77262'2O2S. BY: Sands FOR: Mark Owens Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only DATE: 11 /21 /2007 DESCP : West View Estates Ph 3 ( Tr 5 in PURPOSE: Plat 25-29-22) YEARS ASSESSOR # 2003 thru 2007 0417700 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 nu — AY d FLArc._ z Deputy Treasurer -c (seal) ',KJNTP�'`J U 7 Frei w AtZ&A VE DR fk Afz 49 Fo 11A "EfTt ' 172 73 k � ' 75 1 76 j 73 79 -� 77 t k 62 'SAY 61 Gil 49 48 47{ 4# ivrt 45 43 q37 39 i 42 22 I i I A (Mixed Professionai) Puu jd viVa=m" PRELIMINARY PLAT — WEST VIEW ESTATES A 58 ACRE RESIDENTIAL SUBDIVISION WITH 127 SINGLE FAMILY RESIDENTIAL LOTS & (1) 10 ACRE MULTI —FAMILY / TOWNHOUSE LOT CITY OF KALISPELL ZONING JURISDICTION OWL CORPORATION FTy _ c"I ., 1 rim n� 8/21/08 ILLS# � 02-4 cafe » = 60r 1b\Zi.\."v�4&Aw9