5. Resolution 5401 - Final Plat - Ken MadsenPLANNING FOR THE''FUrURE
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kafispell.com/planning
SUBJECT: Final Plat Approval for Madsen Seventh Avenue Subdivision
MEETING DATE: October 19, 2009
BACKGROUND: Our office has received an application for final plat approval from Ken Madsen
for a three lot subdivision. The subdivision divides an existing residential lot located on the east
side of Th Avenue West, south of l lth Street West, into three lots. The property is approximately 1/2
of an acre in size with an existing house located on lot 2. The existing house address is 1427 Th
Avenue West in Kalispell and the property can be described as Assessor's Tract 8T613 located in
Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
Our office waived the preliminary plat on April 9, 2008 subject to 13 conditions because it was
found that the subdivision can meet the criteria for preliminary plat approval waiver criteria as
outlined in Section 2.06 of the Kalispell Subdivision Regulations.
Findings of fact for approval of the plat are found in attached staff report KWP-08-2 and letter to the
City Manager which reviews the conditions of approval and how they have been met.
RECOMMENDATION: A motion to adopt the findings of fact in the staff report KWP-08-2 and
approve the resolution to create the three lot subdivision would be in order.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
4
Sean Conrad Jane Howington
Senior Planner City Manager
Report compiled: October 13, 2009
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter and application materials
Staff report KWP-08-02
A RESOLUTION APPROVING THE FINAL PLAT AND ACCEPTING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR MADSEN SEVENTH AVENUE SUBDIVISION,
DESCRIBED AS ASSESSOR'S TRACT 8T6B LOCATED IN SECTION 18, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Ken and Rita Madsen, the owners of the certain real property described above, has
petitioned for approval of the final Subdivision Plat of said property, and
WHEREAS, preliminary plat approval for this minor subdivision was waived on April 9, 2008, by the
Kalispell Planning Department according to Section 2.06 of the Kalispell Subdivision
Regulations subject to 13 conditions, all of which have been met, and
WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06
(Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision
Regulations of the City of Kalispell, and
WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a
report (KWP-08-02) to the City Council of the City of Kalispell, said report considering
the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of
said subdivision.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KWP-08-02 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Ken and Rita Madsen for final plat approval of Madsen
Seventh Avenue Subdivision in Section 18, Flathead County, Montana, is hereby
approved and the Subdivision Improvement Agreement is hereby accepted.
SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall
not be changed by the action.
SECTION IV. That upon proper review and filing of the final plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED
BY THE MAYOR THIS 19TH DAY OF OCTOBER, 2009.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
PLANNING FOR THE FUTURE
October 13, 2009
Jane Howington, City Manager
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
Re: Final Plat for Madsen Seventh Avenue Subdivision
Dear Jane:
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.katispell.com/planning
This is a request for final plat approval for a three -lot subdivision of Assessor's Tract 8T6B
which is located on the east side of 7+h Avenue West south of 11 Street West. The address
for the property owned by Ken and Rita Madsen is 1427 7th Avenue West in Kalispell and
can be described as Assessor's Tract 8T6B located in Section 18, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana. The preliminary plat process was
waived for this subdivision on April 9, 2008 due to the minor nature of the project with 13
conditions of approval.
COMPLIANCE WITH CONDITIONS OF APPROVAL:
Prior to final plat
Condition 1. That the final plat is in substantial compliance with the preliminary plat that
was waived.
• This condition is met. The final plat is in substantial compliance with the
preliminary plat that was waived on April 9, 2008.
Condition 2. Demonstrate that the existing buildings on the property that are to be
retained comply with the setback requirements of the R-4 zoning district. Buildings not
intended to be retained shall be removed prior to final plat.
This condition is met. The existing out buildings have been removed from the subject
property and the existing house meets the minimum setbacks to the new property
boundaries of lot 2.
Condition 3. Submit a scaled parking plan for lot 2. The plan shall provide a paved
driveway and a minimum of two off-street parking spaces in accordance with the Kalispell
Zoning Ordinance. The plan shall be reviewed and approved by the Planning Department.
Note: The parking plan may include the use of a common driveway on lot 3 to allow parking
on the east side of the existing house on lot 2.
This condition is met. A scaled plan was submitted to the Planning Department and
subsequently reviewed and approved.
Condition 4. The approved parking plan referenced in condition 3 shall be installed.
• This condition is met.
Condition 5. The following note shall be placed on the final plat: "Property owner(s) shall
waive their right to protest the creation of a special improvement district for road upgrades
in the area to City standards which are impacted by this subdivision."
• This condition is met. The note is included on the final plat.
Condition 6. Adequate right-of-way shall be dedicated to the City of Kalispell along the
west side of the subdivision adjacent to the 7th Avenue West to ensure that thirty feet of
right-of-way exists between the platted centerline of 7th Avenue West and the new east right-
of-way of 7th Avenue West and shall be shown on the face of the final plat.
• This condition is met. The additional right-of-way has been included on the final plat
for dedication to the City of Kalispell.
Condition 7. The right-of-way along 7+h Avenue West shall be improved to city standards or
adequately bonded for and shall include a landscaped boulevard and sidewalk. The plan for
improvements shall be reviewed and approved by the Public Works Department and
installed prior to final plat.
This condition is met. The sidewalk and street trees have been installed. An email
from Chad Fincher, Parks Superintendent, dated October 9, 2009 states that he
has inspected and approved of the street trees installed by Mr. Madsen. An email
from Charlie Johnson, Construction Manager, of the Public Works Department
dated October 13, 2009 states that the sidewalk has been installed in accordance
with city sidewalk standards.
Condition 8. A municipal facilities exemption shall be obtained from the Montana
Department of Environmental Quality and a letter from the Kalispell Public Works
Department stating that municipal water and sewer are available and will be provided to
all lots. Existing and new utility easements shall be shown on the final plat.
• This condition is met. The municipal facilities exemption from the Montana
Department of Environmental Quality dated May 5, 2008 was submitted with the
final plat application.
Condition 9. The parkland dedication requirements shall be met with the payment of cash
in lieu of parkland equal to 0.06 acres of land. The payment shall be based on the fair
market value of undivided, unimproved land.
This condition is met. A payment of $3,000 was submitted with the final plat
application for the parkland cash in lieu payment. This amount was approved by the
Parks and Recreation Department.
On -going conditions
Condition 10. The access design for the lots shall meet the provisions outlined in Chapter
5 of the International Fire Code regarding fire service features and the design shall be
reviewed and approved by the Kalispell Fire Department. Prior to combustible construction,
all-weather driving surfaces, water supply infrastructure, hydrants and street signs need to
be in place.
® This condition will be met when future development occurs on the lots.
Condition 11. Prior to any excavation or earthwork, a City Stormwater Management
Permit shall be approved and issued from the Kalispell Public Works Department. In
accordance with Ordinance 1600, the permit shall include a permit application, site map,
narrative describing the best management practices to be used and a completed checklist.
In addition to the City Stormwater Management Permit the developer shall submit a copy
of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and
Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project
engineer shall certify that the development is in compliance with the approved City
Stormwater Management Permit.
The developer of each lot would have to comply with the city's storm water, erosion
control and dust abatement programs prior to ground disturbing activities.
Condition 12. All areas disturbed during development shall be re -vegetated with a weed -
free mix immediately after development.
• The developer of each lot would have to comply with this condition.
Condition 13. This waiver of preliminary plat approval is valid for three years and will
expire on April 10, 2011.
The final plat for this subdivision has been submitted to the Kalispell Planning
Department prior to the expiration of the preliminary plat waiver.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was waived on
April 9, 2008.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in substantial compliance with the State and
City Subdivision Regulations. All taxes are current and there are no liens or
encumbrances on the property.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning
designation.
All of the conditions of the preliminary plat waiver have been adequately addressed. The
staff recommends that the Kalispell City Council approve the final plat for this
subdivision. Note that the SIA should be accepted along with the final plat approval.
Please schedule this matter for the October 19, 2009 city council agenda if possible. You
may call me at 758-7940 if I can be of assistance to you regarding this matter.
Sincerely,
Sean Conrad
Senior Planner
Attachments: 2 opaque Mylar of final plat
1 reproducible Mylar of final plat
1 blueline of final plat
11" x 17" copy of plat
Final plat application dated 6 / 6 / 08
Letter from Ken Madsen dated 6 / 6 / 08
Letter from MDEQ dated 5/5/08
Email from Parks and Recreation Dept. dated 10 / 9 / 09
Email from Public Works Dept. dated 10/ 13/09
Fidelity National Title Report # FTFH-02-FT20090691 dated 10/5/09
Treasurer's certification dated 10/7/09
c: Ken Madsen
1217 Fifth Avenue West
Kalispell, MT 59901
Theresa White, Kalispell City Clerk
FINAL PLAT FOR MADSEN SEVENTH AVENUE SUBDIVISION
KALISPELL PLANNING DEPARTMENT
STAFF REPORT KWP-08-02
REVIEW AND FINDINGS OF FACT
OCOTBER 12, 2009
This is a report to the Kalispell City Council detailing findings of fact for a three lot
residential subdivision. Preliminary plat approval for this minor subdivision was
waived on April 9, 2008 with 13 conditions of approval.
BACKGROUND: This is a residential subdivision that creates three lots. The
proposed lots are located in a residential neighborhood with existing water and sewer
services available.
A. Applicant: Ken Madsen
1217 Fifth Street West
Kalispell, MT 59901
B. Location and Size: The property is located at 1427 7th Avenue West in
Kalispell. The lot is approximately one-half of an acre in size and the existing
home on the property will remain. The proposed subdivision would divide the
one lot into three using a flag lot configuration for the larger rear lot intended
for a single family home or duplex unit. The two other lots will front along 7th
Avenue West and will be used for either one single family residence or a duplex
development. The property can be described as Assessor's Tract 8T6B located
in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
Total area: 0.50 acre
Lot 1:
6,004 square feet
Lot 2:
6,068 square feet
Lot 3:
8,493 square feet
C. Existing and Adjacent Land Uses: There is an existing home on the property.
The surrounding area is made up of single family residences and duplexes.
D. Zoning: The property is zoned R-4, Two Family Residential. This zoning
district has a minimum lot width requirement of 50 feet and a minimum lot
size requirement of 6,000 square feet. All of the lots meet the minimum zoning
requirements.
E. Relation to Growth Policy: The property is designated as Urban Residential
in the Kalispell Growth Policy Future Land Use Map. The existing R-4 zoning is
consistent with this land use designation.
1
F. Utilities:
Water and Sewer:
Electricity:
Telephone:
Gas:
School:
Police:
Fire Protection:
City of Kalispell
Flathead Electric Cooperative
CenturyTel
Northwestern Energy
School District #5, Kalispell
City of Kalispell
City of Kalispell
REVIEW AND FINDINGS OF FACT
This application has been reviewed as a minor subdivision in accordance with
statutory criteria and the Kalispell Subdivision Regulations.
A. Effects on Health and Safety: The area is anticipated to be at low risk from
wildfire due to the urban location and adequate access to the site. There is an
existing fire hydrant located on 7th Avenue West within the road right-of-way
just south of the subdivision. There are no other apparent health or safety
hazards near the subdivision.
B. Effects on Wildlife and Wildlife Habitat: No significant habitat for wildlife or
endangered species are present based on mapping information in Appendix A,
Resources and Analysis Section, of the Kalispell Growth Policy.
C. Effects on the Natural Environment: The site exists in an established
residential area of Kalispell. The site is level and is not in or near a designated
100-year floodplain nor is it subject to slope failure, subsidence or severe
erosion. The subdivision will be served by City of Kalispell water and sewer
minimizing impacts to groundwater. Impacts to the natural environment are
not expected to occur as a result of this subdivision.
D. Effects on Local Services:
Sewer and Water: The City of Kalispell will provide water and sewer service to
the property. There are existing water and sewer mains directly accessible to
the proposed lots within the 7th Avenue West right-of-way.
Access and Roads: Access to the property will be provided along 7th Avenue West.
This road exists within a 40-foot right-of-way and is considered an urban collector
street. Seventh Avenue West is paved and includes curb and gutter, but is
considered substandard along this section of 7th Avenue West. One condition of
approval requires the owner to dedicate an additional 10 feet to the City of
Kalispell for future widening of the road and to accommodate a landscape
boulevard and sidewalk.
2
Although the impacts to roadways in the area will be minimal with the addition
of two single family homes or two duplex units, the Planning Department is
requiring the property owners to waive their right to protest the creation of a
special improvement district for future upgrades to 7th Avenue West.
Sidewalks: The property does not currently contain sidewalks. Pursuant to
Chapter 3 of the subdivision regulations, the owner is required to improve the
right-of-way to city standards which would include a sidewalk and boulevard trees.
The sidewalk would provide the start to a pedestrian path system in an area that is
becoming more densely populated.
Schools: This property is within the boundaries of School District #5, Kalispell.
This subdivision is residential in nature and will have limited impacts on the
enrollment of the school district. One to two school aged children may result
from the future homes built on the subdivision.
Parks: The Parks and Recreation Department required the developer to make a
cash in lieu payment instead of dedicating parkland based on several factors.
These included the limited amount of parkland which the city would receive
with the subdivision and the lack of any adjacent parkland to the subdivision.
The cash in lieu payment will be put towards improvements at Western Acres
Park, approximately 1/8 of a mile west of the subdivision.
Police Protection: The property is served by the Kalispell Police Department. It
is not anticipated that this subdivision will significantly impact the service
provided by the police department.
Fire Protection: The property is within the service district of the Kalispell Fire
Department. The subdivision will not create additional impacts to fire service.
Refuse Disposal: Solid waste pick-up is currently provided by the City of
Kalispell. No significant increased impacts are anticipated as a result of the
proposed expansion.
Medical Services: Emergency medical service is provided by the Kalispell
Regional Medical Center; ambulance and life flight services are also available.
E. Effects on Agriculture: This subdivision is in the urban area of Kalispell and
the area has been developed to an urban density. This property has not been
used for agricultural purposes in the past and future residential development
will have no effect on agricultural activities in the valley.
F. Compliance with the Kalispell Subdivision Regulations: This subdivision
complies with the Kalispell Subdivision Regulations. Preliminary plat was
waived because it meets the waiver criteria provided for under Section 2.08 of
the regulations which include the following: (1) the plat contains five or fewer
lots, (2) there is no public dedication of streets or public or private parkland,
3
(3) all lots have legal and physical access conforming to these regulations, (4)
each lot has a suitable building site and there are no environmental hazards
present, (5) municipal water and sewer are adequate and in place, (6) the
subdivision complies with these regulations and zoning regulations, (7) there
are no significant effects anticipated on agriculture and agricultural water user
facilities, local services, the natural environmental wildlife and wildlife habitat
and the public health and safety. This subdivision is in substantial compliance
with the Kalispell Subdivision Regulations.
G. Compliance with the Kalispell Zoning Ordinance: The property is zoned R-
4, Two Family Residential. The three proposed lots meet the R-4 zoning
standards for lot width and area.
Staff recommends that the Kalispell City Council adopt Staff Report KWP-08-02 as
findings of fact for the proposed subdivision and approve the final plat.
M
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
FINAL PLAT APPLICATION
Project /Subdivision Name: �4 �Y S r n� 7-73 Af- sue. d vis ay
Contact Person:
Name: �� r f✓�r d S�'`�
Address: / / Z S� Z:T 5 7-W
Phone No.: 7_ s-s=ys�aO�s�9-66et�
Owner & Mailing Address:
Date of Preliminary Plat Approval: tV a .1 v e C1 Z `I, ?&0 8'
IF
Type of Subdivision: Residential Industrial Commercial PUD Other
Total Number of Lots in Subdivision 3
Land in Project (acres) • s'
Parkland (acres) Cash -in -Lieu 3600,00 Exempt
No. of Lots by Type:
Single Family Townhouse
Duplex_ Apartment
Commercial Industrial
Condominium Multi -Family
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Other
Legal Description of the Property ?' i2 TG 8 - c /:g T .:2$ N g ;2 r cJ
FILING FEE ATTACHED $ I dad S . 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
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
a/
Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement
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
the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
fmds 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 applic ions be accompanied with a digital copy.
Owner(s) Signature Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
2
Planning Department
City of Kalispell
201 First Ave East
Kalispell, Mt 59901
6 June 2007
Re: Final Plat — Tract 8T6B Sec 18, T 28N, R 21 W
Response to waiver of preliminary plat conditions:
1. Final plat is in substantial compliance with the preliminary plat.
2. Buildings have been removed as required and remaining structures are in
compliance with setbacks.
3. A parking plan is attached.
4. The parking plan will be installed in conjunction with the sidewalks and will be
done within 18 months of final plat approval. A bank letter of credit is attached.
5. Noted on plat.
6. Shown on plat as agreed.
7. Plan included with parking plan and letter of credit is attached.
8. Attached or on plat.
9. Check attached as agreed.
l believe this complies with all provisions of the waiver of preliminary plat.
Sincerely,
Ken Madsen
12175t"StW
Kalispell, Mt 59901
P.O. Box 200901 Helena, MT 59620-0901
May 5, 2008
Joseph L Kauffinan
Big Sky Surveying
393 Valley View Drive
Kalispell MT 59901
Dear Mr Kauffinan:
Brian Schweitzer, Governor
• (406) 444-2544 www.deq.mt.gov
RE: Madsen Seventh Avenue Subdivision
Municipal Facilities Exclusion
EQ#08-2717
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.
Sincerely,*W-* (� (�
� 0-o-�Z��t�-
Janet Skaarland
Compliance Specialist
Subdivision Section
(406) 444-1801 - email jskaarlandCa),n1t.Qv
cc: City Engineer
County Sanitarian
file
Permitting & Compliance Division • Enforcement Division • Planning, Prevention & Assistance Division • Remediation Division
Sean Conrad
From:
Chad Fincher [cfincher@kalispell.com]
Sent:
Friday, October 09, 2009 11:57 AM
To:
Sean Conrad
Subject:
Ken Madsen
I have inspected Ken's property on 7th Ave West. We are satisfied with the two trees he planted in the boulevard. If you
need additional information regarding this property, please feel free to contact me.
C&ad Fncher
Parks Superintendent, APRP, CPSI
Kalispell Parks and Recreation
P.O. Box 1997
Kalispell, MT 59903
(406) 758-7960 office
(406) 758-7719 fax
cfincherokalispell.com
Sean Conrad
From: Charlie Johnson [cjohnson@kalispell.com]
Sent: Tuesday, October 13, 2009 11:58 AM
To: Sean Conrad
Sean
The Public Works Department has inspected and accepted the sidewalks that were installed at 1427 7th Ave
West.
Thanks
Charlie Johnson
Construction Manager
City of Kalispell Public
Phone 406-758-9715
Cell 4o6-270-5886
Fax 406-758-7831
Works Department
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: BIG SKY
FOR: MADSEN DATE : 4/21/08
DESCP : MADSEN SEVENTH AVE SUB PURPOSE: SUB
jr. 8T6B in 18-28-21)
YEARS ASSESSOR #
2004 THRU 2007 0761925
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.
OF F44T -
vo Deputy Tr asurer
o (seal)
o /
�� I
O ANA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE
CONDITIONS AND STIPULATIONS OF THIS GUARANTEE,
Policy No. MT9900350100-10-FT20090691-2009.27030-78914115
Fidelity National Title
INSURANCE COMPANY
a corporation herein called the Company
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated
in Schedule A, which theAssured shall sustain by reason of any incorrectness in the assurances set forth in
Schedule A.
Issued by: MT9900350100 � FT20090691
Fidelity National Title Insurance Company
17 Main St.
Kalispell, MT 59901
l
Countersigned.
Autho ' ed igna r
(Please Print Name Be ow)
Fidelity National Title Insurance Company
SEAL611�1
(See the reverse side of this page for the Conditions and Stipulations.)
i'rrsiaenr
$l'C7'i"liiC1`
FORM 1995 (5/04) CLTA Guarantee Face Page (Rev. 12-15-95)
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in Schedule of this Guarantee, the Company assumes no liability for loss or damage
by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) Proceedings by a public agency
which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown
by the records of the taxing authority or by the public records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims
or title to water, whether or not the matters excluded under (1). (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or
damage by reason of the following:
(a) Defects, liens, encumbrances. adverse claims or other matters affecting the title to any property beyond the lines of the land expressly
described in the description set forth in Schedule A of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which
such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements
therein, unless such property, rights or easements are expressly and specifically set forth in said description.
(b) Defects. liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created. suffered,
assumed or agreed to by one or more of theAssureds: (2) which result in no loss to the Assured; or (3) which do not result in the invalidity
or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDTTIONSAND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee
mean:
(a) "the Assured": the party or parties named
as the Assured in this Guarantee, or on a supplemental
writing executed by the Company.
(b) "land": the land described or referred to in
Schedule A and improvements affixed thereto which
by law constitute real property. The term "land" does
not include any property beyond the lines of the area
described or referred to in Schedule A. nor any right,
title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust
deed, or other security instrument.
(d) "public records": records established under
state statutes at Date of Guarantee for the purpose of
imparting constructive notice of matters relating to
real property to purchasers for value and without
knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured
Claimant.
An Assured shall notify the Company promptly
in writing in case knowledge shall come to an Assured
hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as stated
herein, and which might cause loss or damage for
which the Company may be liable by virtue of this
Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall
terminate with regard to the matter or matters for
which prompt notice is required; provided, however,
that failure to notify the Company shall in no case
prejudice the rights of any Assured under this Guaran-
tee unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
- The Company shall have no duty to defend or
prosecute any action or proceeding to which the As-
sured is a party, notwithstanding the nature of any
allegation in such action or proceeding.
4. Company's Option to Defend or Prosecute
Actions: Duty of Assured Claimant to Cooper-
ate.
Even though the Company has no duty to de-
fend or prosecute as set forth in Paragraph 4 above:
(a) The Company shall have the right, at its
sole option and cost. to institute and prosecute any
action or proceeding, interpose a defense. as limited
in (b), or to do any other act which in its opinion 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, or to prevent or reduce loss
or damage to the Assured. The Company may take
any appropriate action under the terms of this Guar-
antee, whether or not it shall be liable hereunder, and
shall not thereby concede liability or waive any pro-
vision of this Guarantee. If the Company shall exer-
cise its rights under this paragraph, it shall do so dili-
gently.
(b) If the Company elects to exercise its op-
tions as stated in Paragraph 5(a) 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 shall have brought
an action or interposed a defense as permitted by the
provisions of this Guarantee, the Company may pur-
sue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the
right, in its sole discretion, to appeal from an adverse
judgment or order.
(d) In all cases where 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 defend-
ing the action or lawful act which in the opinion of
the Company may be necessary or desirable to estab-
lish 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 ob-
ligations to the Assured under the Guarantee shall
terminate.
5. Proof of Loss or Damage.
In addition to and after the notices required un-
der Section 3 of these Conditions and Stipulations
have been provided to the Company, a proof of loss
or damage signed and sworn to by the Assured shall be
furnished to the Company within ninety (90) days
after the Assured shall ascertain the facts giving rise
to the loss or damage. The proof of loss or damage
shall describe the matters covered by this Guarantee
which constitute the basis of loss 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 Assured to provide the
required proof of loss or damage, the Company's ob-
ligation to such Assured under the Guarantee shall
terminate. In addition, the Assured may reasonably be
required to submit to examination under oath by any
authorized representative of the Company and shall
produce for examination, inspection and copying, at
such reasonable times and places as may be designated
by any authorized representative of the Company, all
records, books, ledgers, checks, correspondence and
memoranda, whether bearing a date before or after
Date of Guarantee, which reasonably pertain to the
loss or damage. Farther, if requested by any autho-
rized representative of the Company, the Assured shall
grant its permission, in writing, for any authorized
representative of the Company to examine, inspect
and copy all records, books, ledgers, checks, corre-
spondence and memoranda in the custody or control
of a third party, which reasonably pertain to the loss
or damage, All information designated as confidential
by the Assured provided to the Company pursuant to
this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is neces-
sary in the administration of the claim. Failure of the
Assured to submit for examination under oath; pro-
duce other reasonably requested information or grant
permission to secure reasonably necessary informa-
tion from third parties as required in the above para-
graph, unless prohibited by law or governmental regu-
lation, shall terminate any liability of the Company
under this Guarantee to the Assured for that claim.
6. Options to Pat' or Otherwise Settle
Claims: Termination of Liability.
In case of a claim under this Guarantee, the Com-
pany shall have the following additional options:
(a) To Pay or Tender Payment of the Amount
of Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or
settle or compromise for or in the name of the As-
sured any claim which could result in loss to the As-
sured within the coverage of this Guarantee, or to pay
the full amount of this Guarantee or, if this Guarantee
is issued for the benefit of a holder of a mortgage or a
lienholder, the Company shall have the option to
purchase the indebtedness secured by said mortgage or
said lien for the amount owing thereon together with
any costs, reasonable attorneys' fees and expenses
incurred by the Assured claimant which were autho-
rized by the Company up to the time of purchase.
Such purchase, payment or tender of payment
of the full amount of the Guarantee shall terminate
all liability of the Company hereunder. In the event
after notice of claim has been given to the Company
by the Assured the Company offers to purchase said
indebtedness, the owner of such indebtedness shall
transfer and assign said indebtedness, together with
any collateral security, to the Company upon pay-
ment of the purchase price.
Upon the exercise by the Company of the op-
tion provided for in Paragraph (a) the Company's
obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the pay-
ment required in that paragraph, shall terminate, in-
cluding any obligation to continue the defense or pros-
ecution of any litigation for which the Company has
exercised its options under Paragraph 5, and the Guar-
antee shall be surrendered to the Company for can-
cellation.
(b) To Pay or Otherwise Settle With Parties
Other Than the Assured or With the Assured Claim-
ant.
To pay or otherwise settle with other parties for
or in the name of an Assured claimant any claim
assured against under this Guarantee, together with
any costs_ attorneys' fees and expenses incurred by
the Assured claimant which were authorized by the
Company up to the time of payment and which the
Company is obligated to pay.
Upon the exercise by the Company of the op-
tion provided for in Paragraph (b) the Company's
obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the pay-
ment required in that paragraph, shall terminate in -
eluding any obligation to continue the defense or pros-
ecution of any litigation for which the Company has
exercised its options under Paragraph 5.
7. Determination and Extent of Liability.
This Guarantee is a contract of indemnity against
actual monetary loss or damage sustained or incurred
by the Assured claimant who has suffered loss or dam-
age by reason of reliance upon the assurances set
forth in this Guarantee and only to the extent herein
described, and subject to the exclusions stated in Para<
graph 2.
The liability of the Company under this Guaran-
tee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule
A;
(b) the amount of the unpaid principal indebt-
edness secured by the mortgage of an Assured mort-
gagee, as limited or provided under Section 7 of these
Conditions and Stipulations or as reduced under Sec-
tion 10 of these Conditions and Stipulations, at the
time the loss or damage assured against by this Guar-
antee occurs, together with interest thereon; or
(c) the difference between the value of the
estate or interest covered hereby as stated herein and
the value of the estate or interest subject to any de-
fect, lien or encumbrance assured against by this Guar-
antee.
8. Limitation of Liability.
(a) If the Company establishes the title, or
removes the alleged defect, lien or encumbrance, or
cures any other matter assured against by this Guaran-
tee in a reasonably diligent manner by any method,
including litigation and the completion of any ap-
peals therefrom, it shall have fully performed its ob-
ligations with respect to that matter and shall not be
liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Com-
pany or with the Company's consent, the Company
shall have no liability for loss or damage until there
has been a final determination by a court of compe-
tent jurisdiction, and disposition of all appeals there-
from, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or
damage to any Assured for liability, voluntarily as-
sumed by the Assured in settling any claim or suit
without the prior written consent of the Company.
9. Reduction of Liability or Termination of
Liability.
All payments under this Guarantee, except pay-
ments made for costs, attorneys' fees and expenses
pursuant to paragraph 5 shall reduce the amount of
liability pro tanto,
10. Payment of Loss.
(a) No payment shall be made without produc-
ing 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 fur-
nished to the satisfaction of the. Company.
(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.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and
paid a claim under this Guarantee, all right of subroga-
tion shall vest in the Company unaffected by any act
of the Assured claimant.
The Company shall be subrogated to and be en-
titled to all rights and remedies which the Assured
would have had against any person or property in
respect to the claim had this Guarantee not been is-
sued. If requested by the Company, the Assured shall
transfer to the Company all rights and remedies against
any person or property necessary in order to perfect
this right of subrogation. The Assured shall permit
the Company to sue, compromise or settle in the
name of the Assured and to use the name of the As-
sured in any transaction or litigation involving these
rights or remedies.
If 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.
12. Arbitration.
Unless prohibited by applicable law, either the
Company or the Assured may demand arbitration pur-
suant to the Title Insurance Arbitration Rules of the
American Arbitration Association.
Arbitrable matters may include, but are not lim-
ited to. any controversy or claim between the Com-
pany and the Assured arising out of or relating to this
Guarantee, any service of the Company in connec-
tion 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 Com-
pany 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 Guar-
antee shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the
state in which the land is located permits a court to
award attomeys' fees to a prevailing party. Judgment
upon the award rendered by the Arbitrator(s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the
Company upon request.
13. Liability Limited to This Guarantee; Guar-
antee Entire Contract.
(a) This Guarantee together with all endorse-
ments, 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 be restricted to this Guarantee.
(e) No amendment of or endorsement to this
Guarantee can be made except by a writing endorsed
hereon or attached hereto signed by either the Presi-
dent, a Vice President, the Secretary; an Assistant
Secretary, or validating officer or authorized signa-
tory of the Company.
14. Notices, Where Sent.
All notices required to be given the Company
and any statement in writing required to be fumished
the Company shall include the number of this Guar-
antee and shall be addressed to National Claims Ad-
ministration at the Company's General Office at
17911 Von Karman Avenue, Suite 300, Irvine, Cali-
fornia 92614-6253.
FIDELITY
NATIONAL
TITLE
INSURANCE
COMPANY
Fidelity National Title Insurance Company
17911 Von Karman Avenue, Suite 300
Irvine, CA 92614-6253
1 i i
Certificate Number: FTFH-02-FT20090691
To the County of Flathead and the City of Kalispell
in Montana
Fidelity National Title Company, a corporation duly authorized to insure titles in Montana hereby certifies that
from its examination of those public records which impart constructive notice of matters affecting the title to the
real estate described in Schedule A hereof, as of the 5th day of October, 2009 at 08:00-AM the title to the
described real estate was indefeasibly vested in fee simple record in:
Ken Madsen and Rita Madsen
subject only to the objections, lien 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.
FIDELITY NATIONAL TITLE COMPANY
' 4Countersigned 1L
X-ilthdrized i nature
Subdivision Guaranty
FDMT0332.rdw Cover
Certificate Number: FTFH-02-FT20090691
Being the legal description of the real estate covered by this certificate.
The following described parcels of real estate:
Those portions of the Southwest Quarter of the Southeast Quarter, Section 18, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana, described as follows:
Commencing at the Northwest corner of Seventh Avenue West as shown on Certificate of Survey No. 9458,
records of Flathead County, Montana; thence
South 00'14'04" West 860.55 feet to the Point of Beginning of the tract herein described; thence
North 88°29'33" East 177.56 feet; thence
South 00°31'37" West 123.10 feet; thence
South 88°31'55" West 176.93 feet; thence
North 00°14'04" East 122.96 feet to the Point of Beginning.
Subdivision Guaranty
FDMT0333.rdw Schedule A
Certificate Number: FTFH-02-FT20090691
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.
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 proposes
insured acquires of records for value the estate or interest or mortgage thereon covered by this
commitment
General Exceptions:
a. Rights or claims of parties in possesion not shown by the public records.
b. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed
by an accurate survey and inspection of the premises including, but not limited to, insufficient or
impaired access and matters contradictory to any survey plat shown by the public records.
C. Easements, or claims of easements, not shown by the public records.
d. Any lien, or right to a lien, for services, labor, or material heretofore or here after furnished, imposed
by law and not shown by the public records.
e. (a) unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof: (c) water rights, claims or title to water, whether or not the matters accepted under
(a), (b), (c) are shown by the public records.
f. Taxes to special 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 the public records.
g. 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 in the County of Flathead to use and occupy those certain roads and trails.
Paragraphs 1, a, b, c, d, and f will not appear as printed exceptions on extended coverage policies, except
as to such parts thereof which may be typed as a Special Exception in Schedule B-Section 2.
Special Exceptions:
2. General Taxes for the year, 2008
First Half $804.89 PAID
Second Half $804.86 PAID
Tax ID No. 75-0761925
3. General County Taxes for the year 2009 and subsequent years, which are a lien but not yet due or
payable.
Subdivision Guaranty
FDMT0334.rdw Schedule B
Certificate Number: FTFH-02-FT20090691
4. An easement affecting the portion of said premises and for the purposes stated herein, and incidental
purposes
For: a gas pipeline
In Favor Of: The Montana Power Company
Recorded: July 30, 1962 under Book 447 Page 406, records of Flathead County, Montana.
This property lies within the boundaries of Resolution No. 3786 by the City of Kalispell for annexation and
zoning, recorded April 6, 1988 on Document Number 88-097-11160, records of Flathead County,
Montana, and will be subject to any levies and assessments thereof.
6. Waiver of Protest in Special Improvement Distrcit as shown on the unrecorded plat of Madsen Seventh
Avenue Subdivision
7. Utility Easement Certificate as shown on the unrecorded plat of Madsen Seventh Avenue Subdivision.
Survey/Plat, when recorded, must be in comliance with the provisions of the Montana Subdivision and
Platting Act, 1973 (Sections 76-3-101, M.C.A.) and the regulations adopted pursuant thereto.
Any off record facts, encumbrances, easements or possessory claims a survey or inspection would
disclose
10. In order to expedite this report to you, no physical inspection of the land has been made. If a physical
inspection is made, any matters found by our inspection requiring disclosure to you will be shown in a
Supplemental Report.
11. The land described in the commitment/policy shall not be deemed to include any home trailer or mobile
home located on the property.
12. No examination has been made herein for State UCCs and/or Federal Bankruptcies and coverage is
excluded herein.
13. Exceptions and reservations contained in Patents of record.
NOTE: We find the described property to be located in the City of Kalispell Fire Distrcit.
NOTE: Name of Proposed Subdvision Plat or Condominium Map:
Madsen Seventh Avenue Subdivision
End of Schedule B
Subdivision Guaranty
FDMT0334.rdw Schedule B
Return To: Ken Madsen and Rfta Madsen
CQ "S c1 l C r
Fite # CG•47531
11�11111111 I!111 IIIIGII I�IiIII11111ITiumIlium 11al11111mill
200700038466 Fees: $14.00 by: DD
WARRANTY DEED by STS
Date 12/24i2007 Time 9:49 AM Page: 1 of 2
Paula Robinson, Flathead County Montana
Compliments of starring Title Services, Inc„ P.O. Box T3, Kalispell, NT 59903 (406) 752-TON
WARRANTY DEED
(Joint Tenancy)
FOR VALUE received Harold Leslie and Florence 1. Leslie
the Grantors do hereby grant, bargain, sell and convey unto
Kan Madsen and Rita Madsen
the Grantees as Joint Tenants with full right of survivorship, the following described
premises in Flathead County, Montana, to wit:
SEE EXHIBIT `A' ATTACHED HERETO AND MADE A PART HEREOF
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said
Grantees as Joint Tenants with full right of survivorship, and the survivors thereof, and
' to such survivor's heirs and assigns forever. And the said Grantors do hereby covenant
i to and with the said Grantees, that they are the owners in fee simple of said premises;
n
that said premises are free from all encumbrances EXCEPT charges, terms, provisions,
resolutions and easements of record, and that they will warrant and defend the same
from all lawful claims whatsoever.
n:.
Dated: Decembera0 2007
Harold Leslie by Jerry D. Zahiler as his
Attomey-in-Fact
0 Ygz,
Florence I. Leslie by Jerry D. Zahller as her
Atforney-in-Fact
STATE OF MONTANA, COUNTY OF FLATHEAD
On this A6 day of December, 2007, before me the undersigned, a Notary Public in and for the
said State, personally appeared Jerry D. Zahler, known to me to be the person whose name is
subscribed to the within instrument as Attorney -in -Fact for Harold Leslie and Florence 1. Leslie,
and acknowledged to me that he subscribed the name of Harold Leslie and Florence I. Leslie
thereto as principles, and his own name as Attorney -in -Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal, the day and year in
this certificate first above written.
AhcGko 1
(Name , stamped, or printed)
Notary Public for the State of Montana
`Rasiding at: G{G'rt t r
!Lmmisswn Expires: to /5-0
Exhibit "A"
A tract of land, situated, lying, and being in the Southwest Quarter of the Southeast
Quarter (SW%SEI/4) of Section 18, TDmship 28 North' Range 21 West M.P.M.,
Flathead County, Montana, and more particularly described as follows:
Commencingat the Intersection of the Northerly boundary of said SWI/4SEY4, with
the centerline of Sixth Avenue West in Kalispell, Montana; thence
South 88'45'Wast, a distance of 15 feet; thence
South 00*1 1'West, a distance of 857.5 feet to a point; thence
South 88*1 1'West, a distance of 178.5 feet to the True Point of Beginning', thence
continuing
South 86*1 I'West, a distance of 175 feet to a point on the East boundary of the
county road; thence
South 00*11' West, a distance of 123A feet to a point: thence
North 88'1 V East, a distance of 175 feet thence
North 00"1VEast, a distance of 123,1 feet to the Point of Beginning.
114111 Dili IlVi MINI itIN 1191
Document Number: 200700038466
Page: 2
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C.O.S. 11060
C.O.S. 11067
Lott
0.73E A.
6.004 sq. ft
Lot 2
0.139 Aa
6A68 aq. R
Carifficate of Dadintion
MADSEN SEVENTH A L
SW114 SE1/4, Section 18, ,
Flathead Couni
2a AC OESS & 1fTILrTY EASEMENT
Appuatenerwt to Lot 2
1a tmLITY EASEMET
Lot 3
0.195 Aa
$
S.493.q. tt gr.
g
4,654 sq. ft nt
a
xi
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5 a991s' W 1769T
Fd
C.O.S. ID39
We, Ken Madsen and Rita Madsen, the undersigned property owners, do hereby citify thatwe have cased to be sureyed, stddhded
and platted Into lobs, blocks, streets and alleys, as shown by the prat heraro arnmed, the following dacnbed land In the City of KAhpell,
Montana, to,wlt
q Those portions of the SWS 4 SEI/4 Section 18, Township 28 North, Range
po ! iP age 2l wart,lk4rdpnl Merdlan, hlortaa, Hatia+d County,
Montana, described a follows.
Comrencing at the Northeast comer of Seventh Avenue West as shown on CaGiate of Survey No. 94%, moordsof Flathead Cou ty,
Montana; thence, S 00°14'04' W 1360.55 feet to the POINT OF BEGINNING of the tra t herein descibed; thence, N 88`Zn3' E 37756
feet; thence, S 00917T W 12310 feet; thenoe,S 88^31'55' W 176.93; then.,N 00114'04' E 122.96 feet to the POINTOF BEGINNING
and mntalning OS00 aces (21,795 aq. ft. gr. & 17,956 sq. ft. rt.) of land, — or less. Subjectto area togetherw Oh a m foot wide
saris & uUIRy, easement and a 10 foot wide utility easement s shown acres tat 3 as sham henxn.
The above described tract of land is to be known and designated as MADSEN SEVENTH AVRIMSU8MVISION,aid the lards FuAded in
all streat., avenues, alleys, and parlo at public squares shown on said plat are hereby granted and donated to the ire of the pjd*c forever.
This division is exempt from review by the Dope rtmant of Environmental Quality puraurtto Section 76-44U(2)(d)s the divejon Is
located within jurisdictional &ran that have adopted growth policies pursuant W Title 76, Chapter 1, M.CA or bwithin a fhstdms or
sem.dda. municipality for which the governing body certifies, pursuant 0 764-127 M.CA, that adequate shormwater drainage and
adequate municipal fadb'tks wig be approved.
Waiver of lambast in Spacial ImlrvnementDlsbiet
t se•ra,r
Ken & Rite Madsen hereby waive any and all right to protest which they may hove in mgmd. to any atterrpttobe node by a i—I
governmental entity, to Initiate a Special Improvement District which bsddes MADSEN SEVENTH AVENUEAIB[IIVESION, shovncn the plat
therefore, for any of the purposes set forth in Sections 7.12.2102 and 7d2J4102, M.CA.; pmvkkd howeverthat Ken &Rita Madsen
understand that assessment kasres they retain the ab1Uty to object to the amount of asserrpmed a uht of the fometlon of. Special
Improvement Distrkt, Including the tight to object on the basis that the property E not benefited by the Spacial inpmverrent Disnid.
Ken & Rita Madsen agree that this covenant shall run to, with and be biding on the title of the red pin" desakedabova and sNR be
bindirgon the hein,assigns, sucrenors In Interest, purchasers, and any and.11 subsequent holders crowners of the real pmpony, shown
on the subdivlalon plat for MADSEN SEVENTH AVE%MSUBDIVISION.
UtilityEasoment Caritficata
The undersigned hereby grants unto each and every person, firm, orcorpomtbn,whetlnrpubecorpOmte pmvidrng oroffedrg m pmvide
telephone, telegraph, electric power, gas, cable televkion, water or sewersasrlce to the public„ the right to 6e)okt use of an easerrert
for the construction, maintenance, repair and removal of their Urres and other faoider, In, over, underand aeon the anv designated s
'20 foot utility easement' and'10 foot utility easenenC to have and to trout forever.
Ken 6ladsen Rita Madsen