7. Resolution 5276 - Final Plat - Amended Plat of Lot 2 of Western AcresCity of Kalispell
Planning &Building Department
201 l sr Ave East, Kalispell, .Montana 59901
Planning Telephone: o758-7940
Building Telephone: o 75 -77 0
Fax: o 758-7739
websi e; www.kalispell.com
REPORT TO: Kalispe , Mayor and City Council
FROM: Nicole C. Johnson, Planner 11
Janes H. Patrick, City Manager
SUBJECT Final Flat for the Amended flat of Lot 2 of western Acres
MEETING DATE; April 21, 2008
BACKGROUND,
I�This is a request for final plat approval for a three -lot subdivision of Lot 2
in western. Acres which is located on the iffiest side of 7thAvenue west south of I I Street west,
The address for the property owned by Brett and Terry Kelly is 1308 7thAvenue west in Kalispell
and can be legally described as Lot 2 of the western Acres subdivision located m Section 1,
Township 28 North, Range 21 west, P.M.M., Flathead county, Montana. The pre mmi ary plat
process was waived for this subdivision on November 5, 2007 due to the minor nature of the
project with 13 conditions of approval.
To date, the mobile home and garage have been removed from the property and a Subdivision
Improvements Agreement (Si ) has been submitted to cover the costs of installinga sidewalk
and seeding and planting trees within the boulevard along 7thAvenue West. The work is to be
completed by dune 1, 2009 and two cashier's check in the amount of $3, -00 were provided
for 125 percent of these improvements. All of the conditions have been adequately met or
otherwise addressed.
RECOMMENDATION: A motion to approve the final plat for Lot 2 of WesternAcres and to
accept the Subdivision Improvements Agreement would be in order.
FISCAL EFFECTS: Positive impacts once developed.
ALT RNTIvES: As suggested by the city council.
Respectfully submitted,
Nicole C. Johnsog James H. Patrick
Tanner 11 City Manager
Report compiled: April 1, 2008
Attachments: Letter of transmittal
Final plat application and supporting documents
RESOLUTION o, 5276
A RESOLUTION R ING THE FINAL PLAT OF THE AMENDED PLAT of LOT 2 of
WESTERN CR S, LOCATED IN SECTION 18, TOWNSHIP NORTH, RANGE 21 WEST,
'.M.M., FLATHEAD COUNTY, MONTANA.
w EREASI Brett and Terry Kelly,, the owner of certain real property described above, has petitioned
for approval of the final Subdivision Flat of said property, and
WHEREAS, preliminary plat approval for this minor subdivision was waived on November 5, 2007,
by the Kalispell Planning Department according to Section 2.0of 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 -Preli n.inary plat waiver), Subdivision
Regulations of the City of Kalispell, and
WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a
report WP- - to the City Council f 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., IT RESOLVED Y THE CITY COUNCIL OF THE CITY OF I A ISPELL,
MONTANA AS FOLLOWS:
SECTIO 1. That the Findings of Fact contained in Kalispell. Planning Department Report
# I -IAT-08 - l are hereby adopted as the Findings of Fact of the City Council.
SECTION 11. That the application of Brett and Terror Telly for final plat approval of the
Amended Plat of Lot 2 of western Acres in Section 1. , Flathead County,
Montana, is hereby approved.
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 Y THE CITY COUNCIL of THE CITY OF KALISPELL AND SIGNED
Y THE MAYOR THIS 1 ST DAY OF API , Zoo .
ATTEST:
Theresa white
City Clerk
Pamela B. Kennedy
Mayor
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 199'
Kalispell, MT 59903
APPENDIX
SUBDY"SION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 3rd day of
April � 2008 , by and between the CITY COUNCIL, CITY OF
KALISPELL,, MONTANA, Warty of the First Fart and hereinafter referred to as the
CITY, and
KellcoLLC , (Name of Developer)
a Limited iahih Cc oration
(Individual, Company or Corporation)
located at 1045 South Main St., Kalispell, MT 59901
(Street Address/P. 0. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
.
THAT WHEREAS, the Developer is the owner and developer of a new subdivision
known as Amended Plat of Lot 2 of western Acres
(Name of Subdivision)
located. at 1308 7h .Ave West{ I ahsDell, MT 59901
(Location of Subdivision) and,
WHEREAS, the City has conditioned it's approval of the final plat of Amended Plat of
Lot 2 of Western Acres _ _ upon the conditions as set forth (Name of
Subdivision) in the Preliminary Plat of the Subdivision being completed and all
improvements, as cited i "Exhibit Ate have not been completed at this time, and the
Developer wishes to bond for the completion of hose improvements set forth in "Exhibit
A"Y and
WHEREAS, the Cit 's Subdivision Regulations require that a subdivider shall provide a
financial security of 1 5% of the estimated total cost of construction of said
improvements as evidenced by are estimate prepared by a licensed public engineer
included herewith as "Exhibit "; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
2t200. .
NOW THEREFORE, in consideration of the approval of the final plat of said
Subdivision by the City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other
acceptable collateml as determined by the City Council, in the amount of
120 . Said Letter of Credit or other collateral shall have an expiration
date of at least sixty days following the date set for completion of the
improvements, certifying the follovn'ng:
a. That the creditor guarantees funds in the sung of $ 3,120the estimated
cost of completing the required improvements in Amended Flat of Lot 2 of Western
Acres (Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within the
required period, the creditor will pay to the City immediately, and ithout further
action, such funds as are necessary to finance the completion of those improvements
up to the limited of credit stated in the letter;
2. That said required improvements shall be fully completed by June of 209 or
before.
. That upon completion of the required improvements, the Developer shall cause to be
filed with the City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by
the City for their construction and that the Developer warrants said improver ents
against any and all defects for a period of one 1 year from the date of acceptance of
the completion of those improvements by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clew- of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles,
grades and specifications of said improvements, with the certification of the
registered professional engineer responsible for their preparation that all required
improvements have been installed in conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS, To -WIT:
That the Developer shall provide for inspection of all required improvements by a
registered professional engineer before the Developer shall be released from the
Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with
the specifications, it shall fish the Developer with a list of specific deficiencies and
may withhold collateral sufficient to insure such. compliance. If the City determines that
the Developer will not construct any or all of the improvements in accordance with the
specifications, or within the required time limits, it may withdraw the collateral and
employ such funds as may be necessary to construct the improvement or improvements
in accordance with the specifications. The unused portions of the collateral shall be
returned to the Developer or the crediting institution, as is appropriate,
IN WITNESS HRF, the Parties have hereunto set their hands and seals the day
and year herein before written.
—Amended Plat of Lot 2 of Western Acres
(Name of Subdivision/Developer/Firm
by ellco LLC - --
Title
STATE OF MONTANA
COUNTY OF
n this _ day of 20 , before me., a Notary
Public for the State of Montana, personally appeared
known to me to be the
of whose name is
subscribed to the foregoing instrment and acknowledged to me that he/she executed the
same.
IN WITNESS WHEREOF, I have hereunto set nay hand and affixed my Notarial Seal
this day and year first above written.
Notary Public for the State of Montana
Printed Name
Residing at
My Commission Expires
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR
CITY CLERK
EXHIBIT
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell,
Montana.
EXHIBIT
This agreement specifically includes the following improvements, their projected
construction completion date and estimated construction costs.
CI CIC CONSTRUCTION ESTEVL TED PERCENTAGE
APPROPRIATE COMPLLyTIOIN, CONMUCTION COMPLETE
LN PROVEIufE NITS DATE COSTS
Street Grading/Paving
Street Base
Sidewalks X /1/09 $1740. 0%
Curbs and Gutters
Sanitary Sewers
Mains
Other
On -Site Sewage
Facilities
Water Systems
Mains
Other
-Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Serer or
Drainage Facilities
Stxeet Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping/Boulevard trees X 1 %
Other ()
SUBTOTAL ,
`S
TOTALS COSTS 2,495
TOTAL COLLATERAL (TOTALS COSTS X 1 %) $3,11.9_.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a
registered professional engineer before the Developer shall be released from the
Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with
the specifications, it shall furnish the Developer with a list of specific deficiencies and
may vlthhold collateral sufficient to insure such compliance. If the City determines that
the Developer will not construct any or all of the improvements in accordance with the
specifications, or within the required time limits, it may withdraw the collateral and
employ such funds as may be necessary to construct the improvement or improvements
in accordance with the specifications. The unused portions of the collateral shall be
returned to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the clay
and year herein before written.
Amended Plat of Lot 2 of Western Acres
(Name of Subdivision/Developer/Firm) ,
by _Kellco, LLC
(Title)
STATE OF MONTANA
COUNTY OF
On this ,�� day of .,� , 20�_, before me, a Notary
Public for the S"'fatitZ, of Montana, personally appeared
re ff k-� liyfknown to me to be the
of ke 1 /C w Z 4 C ,whose naive is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same.
IN WITNESS WHEREOF, I have h hard and affixed my Notarial Seal
this clay and year first above vrittr
L
Notary mhlic for the tte of fi-
Wa #;
Print d I acne
Residing
My Commis on Expre '
MAYOR, CITY OF I ALISPELL ATTEST:
MAYOR
CITY CLERK
City of Kalispell
Planning & Building Department
1 1 "Avenue East, Kalispell, Montana 99
Planning Telephone: 40 758-7940
Building Telephone (406)-770
Fax: 4 751-1858
W slte: www.kalispell.com
MEMORANDUM
o: Deb Deist, City Treasurer
From: Michelle Anderson, Planning Office
Date: April 7, 2008
Subject: Amd Plat Lot 2 Western Acres — Sidewalk &Boulevard
Improvements SIA
Attached is a check in the amount of $2750.00 for the Sidewalk and Boulevard
Subdivision Improvement Agreement for the Amended Plat of Lot 2, Western
Acres Final Plat.
If you have any questions contact our planner Nicole Johnson.
THIS DOCUMENT HAS AN ARTIFICIAL WATERMAR K PRTNTED ON THE BACK, THE FRONT OF THE DOCUMENT HAS A NilCRO0 RINT SIGNATURE LINE, ABSENCE OF THESE FEATURES WILL INDICATE A COPY.
First Interstate Bank
{406) 255.5000 5055348756
401 i` . 31st St. P.O. Box 30918
Siitings, Montana 59116 22-1676/960
Bank AGENT FOR MONEY RAM
AT—-0
REMITTER Text and Jean Kelly
PAY
TO THE
DEFT C F*ity of Kalispell
OFFICIALCHECK DRAWER: FIRS" INTERSTATE BANK
DRAWER. MO N EYG RAM PAYMENT S`fSTEMS, INC.
P.O, BOX 9476, MINNEAPOLIS, MN 55480
DRAWEE: US BANK, ST. PAUL, MN 16P
I M 9 6 1 E= 1: 0 SOS 5 3 LOB 111,
J
City of Kalispell
Planning &Building Department
01 1 " Avenue Bast, Kalispell, Montana 59901
Planning Telephone: 75 - 94
Building Telephone 40 75 -7730
Fax: (406) 751-1858
W bslt : www.kalispell.com
MEMORANDUM
To: Deb Deist, City Treasurer
Cc Therese. White, City Clerk
From: Michelle Anderson, Planning Office
Date: April 10, Zoo
Subject: Amd Plat Lot 2 Western Acres —Sidewalk & Boulevard
Improvements SIA
Attached is an additional check in the amount of $370-00 for the Sidewalk and
Boulevard Subdivision Improvement Agreement for the Amended Plat of Lot 2,
Western Acres Final Plat. Therefore you should have 2 checks, one in the amount
of $2750.00 and the other in the amount of $370.00 for this plat.
If you have any questions contact our planner Nicole Johnson.
THIS DOCUMENT HAS AN ARTIFICIAL WATERMARK FRINTED ON THE BACK THE FRONT OFT14S DOCUMENT HAS AMICRO-PRINT SIGNATURE I..FNE ABSENCE OFTH SE FEATURES WILL INDICATE A COM
Ffrst Interstate Bank
mt (406) 255-5000 5055348732
401 N. 31 st St. P.O. Box 30918
Billings, Montana 5 116 -1 76/960
Bank AGENT FOR MONEYGRAM DATE April 10, '$72,00"Fil,
REMMER
�7 ID ,� DT10
PAY $ *
TO THE C� I T''' OF SPELL
ORDER OF
PAYCIO L g; J"' Lr J5 0 T
IFRIST NaTERSTA:T K
OFFICIAL CHECK
DRAWER. M ON EYG RAM PAY SYSTEM , )ID C,
P.O, BOX 9476, MIN NAP LIS, NIN 55480
DRAWEE: US BANK, ST, PA IL, MN AP
City of Kalispell
Planning &Building Department
201 1 "Ave East, Kalispell, Montana 59901
Planning Tele bo e: o 758-7940
Buildincr Tele one: o 75 -77 0
Fax: o758-7739
We site: www.kalispell.com
April 167 2008
Jaynes H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Final Plat for Amended Plat Lot 2 of Western Acres
Dear Jim:
This is a request for final plat approval for a three -lot subdivision of Lot 2 in Western
Acres which is located on the west side of 7thAvenue West south of 11 Street Nest.
The address for the property owned by Brett and Terry Kelly is 1308 7thAvenue West in
Kalispell and can be legally described as Lot 2 of the Western Acres subdivision 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 November 5, 2007 dune
to the minor nature of the project with 13 conditions of approval.
To date, the mobile home and garage have been removed from the property and a
Subdivision Improvements Agreement SIA) has been submitted to cover the costs of
installing a sidewalk and seeding and planting trees within the boulevard along 7th
Avenue West. The work is to be completed by June 1, 2009, and two cashier's checks
equaling $3,119.00 were provided. for 125 percent of these improvements.
COMPLIANCE WITH CONDITIONS "PR VA :
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 November 5, 2007.
Condition 2. Demonstrate that the existing buildings on the property that are to be
retained comply with the setback requirements of the R- - zoning district. Buildings not
intended to be retained shall be removed prior to final plat.
This condition is net. The existing buildings have been removed from the subject
property. An invoice from Nelson Brothers Construction dated March 1, 2008
includes the removal of the two buildings and landf' costs. Subsequent site
inspection by staff confirmed this.
Condition 3. Prior to final plat, the right-of-way along 7th Avenue West shall be
improved to city standards or adequately bonded for and shall clude a. landscaped
boulevard and sidewalk. The plan for improvements shall be reviewed and approved by
the Public Works Department and Mstalled prior to f ma.l plat.
This condition is met. A slA is included in the application to cover the cost of
the sidewalk and boulevard improvements along with two cashier's check in the
amount of $3)119.00 12 % of the bonding requirement) Bandon Construction
provided the estimate (3/25/08) and moth the Public Works Department and
Parks and Recreation Department concur with the costs.
Condition 4. The following dote 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 mote appears on the face of the final plat.
Condition 5. Ten feet of right -of -moray that includes the e�dsting 5.5 foot pedestrian
easement shall be dedicated to the city of Kalispell along the west side of the 7thAvenue
West right-of-way 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 6. A 1.--f000t public access easement shall be located along the southern
edge of Lot 2 from 7thAvenue Nest to the western most edge of the property to provide
access to city park land immediately adjacent to the property to the merest. The five foot
side setback required in the R -4 zoning district shall be measured from the northern
boundary of the public pedestrian easement. The easement shall be dedicated to the
Catty of l aUspell and shown on the fake of the final plat, Note: The Parrs and.
Recreation Department will provide signage indicating the pedestrian. access.
This condition is met. The 1-f'oot public access easement .t is shown on the final
plat for dedication to the City of Kalispell.
Condition 7. 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 casements shall be shown on the final plat.
• This condition is met. The municipal facilities exemption from the Montana
Department of Environmental Quality dated February 1, 2008 along with a,
letter from the Kalispell Public Works Department dated January 4, 200
stating that grater and serer services are available and will be provided to all
lots was submitted with the application. There are no new easements and the
existing easements are shown on the final plat.
2
Condition 8, septic tank shall be abandoned/removed per Flathead City --County
Health Department guidelines prior to fmal plat.
This condition is met. The septic tank that was previously located on the
property was removed by Nelson Brothers Construction and taken to the County
landfill. A copy of the invoice dated March 1, 2008 was included in the
application.
On-goina conditions
Condition . 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 -Breather driving surfaces, water supply infrastructure, hydrants and
street signs need to be in place."
This condition is net. At the time the lots are developed, the property owners will
coordinate all applicable requirements for fire protection for review and approval
by the Kalispell Fire Department. A note has been placed on the final plat to that
effect.
Condition 10. If Lot 3 of Western acres to the south is proposed to be further
subdivided via the use of a flag lot, the owners of Lot 2 and Lot 3 shall enter into a
shared common access agreement. The access shall include a single paved driving
surface 20 feet in width. Ten feet shall be located on the southern most portion of Lot 2
and 10 feet shall be located on the northern most portion of Lot 3.
• This condition is met. A note has been placed on the final plat that required the
owners of Lots 2 and 3 to enter into a shared common access agreement with an
access that would be developed to the above referenced standards.
Condition 11. Prior to @ny excavation or earthwork, , a City Storm rater 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 Stormrater Management Permit the developer shall
submit a copy of the state Genera. Construction Stormwater Discharge Permit Notice
of Intent (N01) 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 grater,
erosion control and dust abatement programs prior to ground disturbing
activities.
Condition 12. All areas disturbed d urnng development shall be re -vegetated with a
weed -free mix immediately after development.
• This condition has been met. .A. mote has been placed on the final plat that
requires any disturbed areas be revegeta.ted with a weed free mix immediately
after development.
3
Condition 13. This waiver of prelim ary plat approval is valid for three years and will
expire on November 5, 20 10.
• The final plat for this subdivision has been submitted to the Kalispell Planning
Department prior to the expiration of the prehmfary plat waiver which expires
on November ber 5, 201 .
COMPLIANCE WITH APPROVED PRELIMINARYPLAN`
The final plat is in substantial compliance with the preliminary plat which was waived
on November 5, 2007,
CoMPLUNCE WITH THE S SION REGULATIONS:
This subdivision plat has been found to be in substantial compliance with the Mate
and City Subdivision Regulations. All taxes are current and the title report ix� d icates
that I ellco, ITC have record title interest of the property. Where are no hens or
encumbrances on the property,
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell. Zoning Ordinance and the 1 --4 o .
designation.
R Cow DA ION:
All of the co .d.i.ti.ons 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 i 21, 2008 city council agenda if possible. You
may call nee at 758-7940 if I can be of assistance to you regarding this matter.
Sincerely,
N Y
777 �
f
Nicole C. John?'on
Plattner II
Attachments: 2 opaque Mylar of final plat
1 reproducible Myl r of final plat
I. blucne of final plat
11 x 1 " copy of plat
Final plat application dated. o
Letter from M rc u rdt & Marquardt Surveying dated 4 3 o
Letter from MDEQ dated 2 1 o
Letter from. Public forks dated. 18
Nelson Brothers Construction Invoice dated 3 I o
Bandon Construction Co., Inc. Invoice dated 3 2 o
Subdivision Improvement Agreement dated 3 / 08
4
Cashier's check for $2,750 dated 4/3/08 and Cashier's check for
$370 dated 4/ 10/08
Title Report # 251777-FT
Treasurer's certification dated 2/26/08
e: ellco, ITC
1045 Seth Main Street
Kalispell., Montana 59901
ara Wilson,, ACC'
P.O. Box 1767
Whitefish, MT 59937
Theresa White, Kalispell City Clerk
5
FINAL PLAT FOR THE AMENDED PLAT OF LOB` 2 OF 'WESTERN ACRES
KALISPELL PLANNING DEPARTMENT
STAFF REPORT KWP- - 01
REVIEW AND "`INDIN rS OF FACT
APRIL 16, 2008
This is a report to the Kalispell City Council d.etailffig findings of fact for a three lot
residential subdivision. Pre inary plat approval for this minor subdivision was
raived on November er , 2007 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 grater and serer
services available.
A. Applicant: Kell co, LLC
1045 South Main. street
Kalispell, Montana 59901
(406)2 1-0152
Technical Assistance: Narda Wilson
184 Midway Drive
Columbia Falls, Montana 59912
(406)892-4898
Location and Size: The property is located at 1308 7Avenue west in
Kalispell. The lot is approximately one-half of an acre in size and the dome
and garage have been removed from the property. 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. Two smaller sublots
are planned to front along 7th Avenue West and will be used for duplex type
development. The property can be legally described as Lot 2 of the western
Acres subdivision located in Section 18, Township 28 North, Range 21 west,
P.M.M. , Flathead County, Montana.
Total area. 0 - 46 acre
Flag lot: 10,4 square feet
Sublot 1. ; 4,47square feet
Sublot 2: 4,476 square feet
Existing and Adjacent Land, Uses: The mobile home and garage have been
removed from the subject property m preparation for development of the lot.
The surrounding area is made up of single family residences and duplexes.
Zoning: The property is zoned -4, Two Family residential. This zoning
district has a minimum lot width requirement of 50 feet and a mir murn lot
size requirement ent of 6,000 square feet. The flag lot meets this requirement but,
the two smaller lots do not meet this minimum lot size or lot width. However,
1
the proposed lots are considered su.blots. Further discussion on how the
proposed sublots meet the zoning district requirement t can be found under
Findings of Fact, Section G, of this staff report..
E. Relation to Growth Policy: The property is designated as Urban Residential
in. the Kalispell Groff Policy Future Land Use Map. The existing R-4 zoning is
consistent with this land use designation.
F. Utilities:
Water and, Serer:
Electricity:
Telephone:
Gas:
School:
Police:
Fire Protection.
City of Kalispell
Flathead Electric Coop
C entur rTel
Northwest Energy
School District #, Kalispell
City of Kalispell
City of Kalispell
REVMW 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 lour risk from
w ildfire due to the urban location and adequate access to the site. There is an
existing fire hydrant located on 7thAvenue Vest within the road right-of-way.
There are no other apparent health or safety hazards near the subdivision..
Effects on Wildlife and Wildlife Habitat: The subdivision is not located in
known big game habitat and the property is not considered suitable habitat for
other significant wildlife. Local and migratory bird species and small n arnmals
common to the area Will not be affected by this action.
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
1 oo-year floodpla.i.n nor is it subject to slope failure, subsidence or severe
erosion. The subdivision will be served by City of Kalispell grater and surer
minimizing impacts to groundwater. impacts to the natural environment are
not expected to occur as a. result of this subdivision.
1 . Effects on Local Services:
Sewer and Water. The City of Kalispell will provide water and surer service to
the property. There are existing Water and surer mains directly accessible to
the proposed lets within the 7th Avenue West right-of-way.
2
Access and Roads: Access to the property will be provided along 7thAvenue West.
This road emsts within a 0-foot fight -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 Th 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.
Although the impacts to roadways in the area will be minimal with the addition
of two single family homes, 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, seeding and
boulevard trees. The applicant has bonded for these improvements. The sidewalk
could provide the start to a pedestrian path system n area that is becoming
more densely populated. The lot to the south is expected to develop ire much the
same way and, together would provide access to Western Acres Park — a city owned
park.
Schools: This property is within the boundaries of School District # , 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 addition of two single family homes.
Parks: western Acres Park exists immediately west of the property and access
will be provided from h Avenue vest by way of an easement on. lots 2 and 3 of
Western Acres.
Police Protection-, The property erty 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: Solidi 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 tenter ambulanceand life fight services are also available,
Effects on Agriculture.0 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 Re latiln; This subdivision
complies with the Kalispell ell Subdivision Regulations. Preliminary plat was
warred because it meets the waiver criteria provided for under Section 2.08 of
the regulations which include the foll.owm*g: 1) the plat contains fire or fearer
lots, 2) there is no public dedication of streets or public or private parkland,
(3) all lots have legal and physical access conforming to these regulations, )
each lot has a suitable building site and there are no environmental hazards
present, municipal water and surer are adequate and in place, the
subdivision complies with these regulations and zoning regulations, 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.
Compliance with the Kalispell Zoning Ordinance: The property is zoned R-
, 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. Two ofthe proposed lets do not meet the minimum lot size or lot width
under the l - 4 zoning district. However, the two lots fronting ThAvenue Nest
are considered sublots which are defined as a portion of a platted lot
designated for separate ownership from other portions of the lot and used for
townhouse or other construction that has separate ownership of parcels.
Section 27.22.130 of the Kalispell Zoning Ordinance requires sublots to be
within a. recorded subdivision lot whose area is at least 6,000 square feet; the
sublot must be 2,000 square feet or greater M size. The proposed sublots meet
these requirements.
RECOMMENDATION
Staff recommends that the Kalispell City Council adopt staff Report KWP- -1 as
findings of fact for the proposed subdivision and approve the final plat.
NCJ
21
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'x .SC3 "FRC'}S
arda A. Wilson, AI P
.and Use Planning and Consulting
April 3, 300
Nicole Johnson, Planner 11
City of Kalispell Planning Department
201 First Avenue East
Kalispell, MT 59901
E: Final Plat for the Amended Flat of Lot 2 of Western Acres
Dear Nicole:
184 Midway Drill
Columbia Falls, ITT 59912
4o 892-4898
Attached is are applications for the final plat of the Amended Plat of Lot 2 of Western
Acres. The preliminary plat for this three lot subdivision was waived on November 5,
2007. Along with the final plat application are the supporting documents and copies of
the final plat for your review and for city council approval.
The following is a list of conditions associated with the preliminary plat waiver and how
they have been met or otherwise adequately addressed
1. That the final plat is in substantial compliance with the preliminary plat that was
waived.
The final plat is in substantial compliance with the preliminary plat that was waived
with regard to lot size, design, dimensions and all other aspects.
. 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 b
retained shall be removed prior to final plat.
None of the buildings that previously existed on the site will be retained and all of the
buildings that previously existed on the site have been removed. See the attached
invoice from Nelson Brothers Construction dated 3/1/08 which includes the cost of
removal of the buildings and associated landfill fees.
Prior to final plat, the right-of-way along 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
Worts Department and installed prior to final plat..
• A subdivision improvements agreement has been included with this application to
cover the cost of the sidewalk and boulevard improvements. The sidewalk
improvements are estimated to be approximately $1,740 which is based on an
estimate provided by Sandon Construction and is included with this application. As
per Frank Castles with the Kalispell Public Works Department,, a contractors estimate
is adequate to determine those costs. Boulevard impro erents include two boulevard
trees at a cost of approximately per tree and the boulevard seed and boulevard
prep of an area approximately 300 square feet at a cost of $.55 per square foot (Parks
and Recreation estimate for trees and seeding). The total cost of the improvements is
estimated to be $2495. Calculated at 1.25 percent of the improvements, total bonding
requirements are estimated to be $3119. A cashiers check made out to the City of
Kalispell in the amount of I 0 has been included with the SIA. There 1s no
expiration on the cashiers check, Improvements will be completed by June of 2009
or sooner as per the SIA.
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."
The required statement in noted in this condition has been placed on the face of the
final plat.
. Ten feet ofright-of-way that includes the esting 5.5 foot pdestnian easement shall be
dedicated to the City of Kalispell along the west side of the 7 th Avenue West right-of-
way and shafl be shown on the face of the final plat.
The additional right-of-way mentioned in this condition has been included on the final
plat for dedication to the City of Kalispell.
. A l -foot public access easement shall be located along the southern edge of Lot
from 7 th Avenue West to the western most edge of the property to provide access to city
park land immediately adjacent to the property to the west. The five foot side setback
required in the zoning distet shall be measured from the northern boundary of the
public pedesttian easement. The easement, shall be dedicated to the City of Kalispell
and shown on the face of the final plat. Note: The parks and Recreation Department
mill provide signage indicating the pedestrian access.
• The 10 foot public access easement that is required in this condition has been shown on
the final plat for dedication to the City of Kalispell.
7. 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 mailable and will be provided to all lots.
Existing and new utility easements shall be shown on the final plat.
The municipal facilities exemption from. the Montana Department of Environmental
Quality along with a lettex from. the Kalispell public 'works Department stating that
grater and sewer services are mailable and will be provided to all lots has been included
with this application. There are no new utility easements, but the existing easements
are shown on the final plat.
2
. Septic tanks shall he abandoned removed per Flathead City -County Health I epartnnernt
guidelines prior to final plat.
► The septic tank that was previously located on the property was removed by Nelson
Brothers Construction and taken to the County landfill for disposal. A copy of the
invoice noting that work is included with this application.
On -going conditions
. The access design for the lots shall meet the provisions outlined in Chapter 5 of the
fxiternationa.l 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 ace.
• t the time these lots are developed, the property owners will coordinate all applicable
requirements for fire protection for review and approval by the Kalispell Fire
Department. A note has been placed on the face of the final plat that includes the
language in this condition.
10. If Lot 3 of Western Acres to the south is proposed to he further subdivided via the use
of a flag lot, the owners of Lot 2 and Lot 3 shall enter into a shared common access
agreement. The access shall include a single paved driving surface 20 feet in width.
Ten feet shall he located on the southern most portion of Lot 2 and 10 feet shall be
located on the northern most portion of Lot 3.
A note has been placed on the final plat that requires the owners of Lots 2 and 3 to enter
into a shared common access agreement with an access that would be developed to the
above referenced standards.
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 1 oo, 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 N I 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 rent Permit.
• Because this property contains less that one
referenced starmwater management permit as
2007 and as per NIDEQ administrative
17.30.1111(B)(1).
acre, it is exempt from the above
per Ordinance 1600 adopted April 7,
rules, Sections 17.30.1102 and
3
12. All areas disturbed during development shall be re -vegetated Iith a weed -free mix
immediately after development.
A note has been placed on the final plat that requires the reveetation of the disturbed
areas with a weed free mix immediately after development.
13. This waiver of preliminary plat approval is valid for three years and will expire o
November 57 20M
The final plat for this subdivision has been submitted to the Kalispell l nni'n
Department prior to the expiration of the preliminary plat waiver.
If there is a.ny additional infonnation you need in order to process this final plat., please
let me know. If possible, we would request that this subdivision be scheduled for the
next available city council meeting which f believe would be April 21, 2008. Thank you.
Sincerely,
Narda A. Wilson, AICP
e: Brett Kelly
Marquardt Surveying
4
AIr Montana
ENATIR, if,
P.O. Box 20W
Narda Wilson
Land Use Planning & Consulting
184 Midway Dr
Columbia Falls MT 59912
RE: Western Acres Amended Lot
Municipal Facilities Exclusion
Qo- 144
City of Kalispell
Flathead County
Dear Ms Wilson:
This i S to certify that the infornation and fees received by the Department ofEn iro mental Qu all ty rel ating to this
subdivision are in compliance with 7-4-127, MCA and ARM 17.36.602. Under - - 1 , MCA, this
subdivision is not subject to review, and the plat caDbe 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 f 7-4-111 (3), M A . Construction of water or sever extensions prior to DEQ,
Public Water Supply Section's approval is prohibited, and is subject to penalty as prese bed in Title 75, Chapter
and Title 7, Chapter 4.
Sincerely,
ance
t Skaarland
Compliance Specialist
Subdivision Section
(406) 444-1 01 — email s, qrIaIpciC( nIt. 0V
cc: City Engineer
County Sanitarian
file
Enforcement Division • Permitting & Compliance Division • Planning, Prevention & ,Assistance Division * i emediation Division
rR0
Clety f Kali* rou-mblic Works e11 t
January 4, 2008
Brett and Terry Kelly
177 Foys Labe Road
Kalispell, MT 59901
E: Amended Lot 2 of Western Acres
Dear Brett and Terry Kelly,
The City has an existing water and serer main within 7t' Avenue vest which is to be
used to provide the water and sewer services to the proposed lots. If you have any
questions, please do not hesitate to contact this office.
Sinter � 1,
1
F &ankastles P.E*
Deputy Public Works Director/Assistant City Engineer
C: Nicole C. Johnson, Planner
Narda Wilson
Land Use Planning and Consulting
180 Midway Drive
Columbia Falls, MT 59912
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Ci'"ty of Ka'li*spell
Planning Department
01 1" Avenue East Kalispell, Montana 5 99 01
Fax: 758-7739
FINAL PIA` APPLICATION
Project Subdivisio Name:— I-AC gy, 1c:f Y1,01ZeW AKA5�0
Contact Person:
Nt3rile:
Address:... AIIDWAl D.e...^,
Phone No.:.��,(�
Owner & Mailing Address:
GD AU"----------- DW. 015�-
f ate of Preliminary Plat Approval: Alf V. 511,, WA 149
Type of Subdivision: Residential _ � Industrial Commercial _ PUD Other
'iota, Number of Lots in Subdivision
Lard in Project(acres) 0* 414
Parkland (acres) N 1A Cash -in -Lieu -Lieu $ IVIA Exempt
No. of Lots by fie:
Single Family
Duplex
Commercial
Condomirjium
Townhouse �
Apartment.
Industrial
Multi -Family
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
ment
Other
Legal Description of the Property AM�it//�kP P!A-fi" b� Lo?" Z� 6G 1�4y%�/l------- i� 5
S%z 5 I8 r Yb Al RZ/ k/
FILING FEE ATTACHED $ l225 .pp
Minor Subdivision With approved preliminary minary plat
Major Subdivision with approved Preliminary plat
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
$400 + $125/got
$soo + $125/ion �i7s
L.-1800 + $125/iot
Asa
1
Attached
Not Applicable(MUST CHECK
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)
Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement
OF
Plats. 1 opaque OR 2 myla-rs
I rrrylar copy 1 signed bl .el me
bl elines 4 bluelines, unsigned
lIX17 Copy 1 IX 17 Copy
*The plat must be signed by all owners of record, the surveyor and the examini
rng land surveyor.
Attach a letter-, wbich lists each condition of preliminary plat approval, and individually state hove
each condition has specifically been reset. In cases where documentation is rec ed, 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 rant be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application rnaten4als are submitted to the Kalispell Planning Department, t, and the staff
finds the application is complete, the staff will s brit a report to the goveming body. The governing
body must act within 30 days of receipt of the reprised 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.
r certify that all information s brr tt ed is true, accurate and complete. l 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 roval for Kalispell Planning
staff` to be present on the property for routine monitoring and inspection during the approval and
development process.
N: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
Vmlex) 3
L Pe
owners Signature Date
*A digital copy of the final plat in a Drawing Interchange File (DXF) format or an .A to AD file
format, consisting of the following layers:
f Exterior boundary of subdivision.
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
. A tie to either an existing subdivision corer or a corner of the public land survey system
6
Subdivision Guarantee Guarantee No.: 251777-Fr
GUARANIEE
issued by
Insured Tit/es
120 First A ve., WestlP.O. Box 188, Kalispe M T 59903
Title Officer. Belinda Doty
Phone: (406)755-5028
FAX: (406)755-3299
Form No. 1282 (Rev 1 /15j )
Subdivision Guarantee
Guarantee No.: 1777-Fr
Form 1349
LTA Guarantee Face Page
(Revised / 15/9
i
ftoz
FirstAmerican Tit/e Insurance Company
SUBJE T TO THE EXCLUSIONS FROM VERA E, THE LIMITS OF LIABILITY AND TIDE CON DITI NS AN D
STIPULATIONS S F THIS GUARANTEE,
"�rrst American Title Insurance Company
corporation, herein called the Cornpany
GUARANTEES
the Assured named In Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule , which the Assured shall sustain by reason of any incorrectness in the assurances set forth
in Schedule A.
BY
ATTE,S`T � 7ECRE%9ltk'
Irnsured Titles
low
AUTHORIZED SIGNATORY
Subdivision Guarantee
Guarantee No.: 51 -FT
SUBDIVISION OR PROPOSE] SUBDIVISION GUARANTEE
Order No.: 1 -FT
Guarantee No.: 1777-FT
Fee: $150.00
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
FIRST AIEIAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY
GUARANTEES:
Marquardt & Marquardt Surveying, Inc.
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS,
in a sum not exceeding ,000.00.
THAT according to those public records which, under the recording lavers of the State of Montana, impart
constructive notice of ratters affecting the title to the lands described on the attached legal description:
LOT 2 OF WESTERN ACMES, ACCORDING TO THE MAP OR PLAT THEREOF CAN FILE AND OF
RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTA A#
THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS AMENDED
PLAT OF LOT 2 OF WESTERN ACRES,.
(A) Parties having record title interest in said lands whose signatures are necessary under the
requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation
of Plats and offering for dedication any streets, roads, avenues, and other easements offered for
dedication by said Plat are:
Iellco, LL
Parties holding liens or encumbrances on the title to said lands are:
None
C Easements, claims of easements and restriction agreements of record are:
. County road rights -of -way not recorded and indexed as a conveyance of record in the office of
the Glory and Recorder to Title 70, Chapter 21, .#A., includingf but net limited to any right of
the Public and the County of Flathead to use and occupy those certain roads and trails as
depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead
County.
Subdivision Guarantee Guarantee No.: 17 7-Fr
. 2008 taxes and special assessments are a lien; amounts not yet determined or payable. The first
one-half becomes delinquent after November 30th of the current year, the second one-half
becomes delinquent after May 31st of the following year.
General takes as set forth below. Any amounts not paid when due will accrue penalties and
interest in addition to the amount stated herein:
Year 1st Half 2nd Half Parcel Number
2007 $554.74 Paid $554.71 Paid 7-046130
3. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the recorded plat of Western Acres, recorded
April 26, 1974 , as Doc. No. 76-4136, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, or national origin to the extent such covenants, conditions or restrictions violate
42 USC 36o4c.
4. Provisions contained in that Certificate, executed by the State of Montana, Department of Health
and Environmental Services, as recorded with the plat of Western Acres.
5. Covenants, conditions and restrictions recorded May 3, 1974 in Book 568, Page
6, as Doc. No. 4137, records of Flathead County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status,
or national origin to the extent such covenants, conditions or restrictions
violate 42 USC 3604(c). (AFFECTS: Parcel 1
Amendment to said covenants recorded July 8, 1974 in Book 571., Page 14, as
Doc. No. 6506, records of Flathead County, Montana.
Amendment to said covenants recorded December 13, 1993, as Doc. No.
93-347-16410, records of Flathead County, Montana.
Amendment to said covenants, recorded April 20, 2000, as Doc. No.
000-111-11590, records of Flathead County, Montana.
. Waterline Easement as set Forth in Warranty Deed recorded May 14, 1976, in Book 595, Page
994, as Doc. No. 4893, and as disclosed on the Plat of Western Acres.
7. Possible easement created by Notice of later Fights recorded March 31, 1976 in
Book 594, Page 487 and Amended Certificate of Dater Right recorded May 19,
1976, in Book 598, Page 118, as Doc. No. 9786, records of Flathead County,
Montana.
. Easement for an electric transmission and distribution line granted to Pacific Poorer & Light,
recorded June 28, 1977 in Book 618, Page 560, as Doc. No. 8399.
9. Resolution No. 5000 by the City of Kalispell for annexation, recorded April 20, 2005, as Doc. No.
005-110-12040.
10, Petition to Annex and Notice of Withdrawal from aural Fire Department, recorded April 20, 2005,
as Doc. No. 2005--1.10-1.2050.
Date of Guarantee: March 13, 2008 at 7:30 A.M.
Subdivision Guarantee
Guarantee No.: 2 1 7 -FT
INSURED TITLES
120 First Ave. West/P.O. Box 188, Kalispell, MT 59903
Phone 407-0 - Fax 067-99
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand
that you may be concerned about what we will do with such information — particularly any personal or financial information. we
agree that you have a right to know hover we will utilize the personal information you provide to us. Therefore, together with our
parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may
use information we have obtained from any other source, such as information obtained from a public record or from another person
or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Value , a copy of which can be found on our website at www.firstam.com.
Typos of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means;
Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or as permitted b law. we may, however, store such information indefinitely, including the
period after which an customer relationshiphas cease. Such information may be used for an internal purpose, such as quality
control efforts or customer analysis. we may also provide all of the es of nonpublic personal information listed above to one or
y p types p ,
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements,
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First Arnerican's Farr Information Values. We currently maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
001 The First American corporation * All Fights Reserved
Subdivision Guarantee Guarantee No.: 751777-FT
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUAPLANTEE
1. Except to the extent that specific assurance 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 cr other matters against the title, whether or not shown by the public records.
b) (1) Taxes or assessments of any taxing authority that levies takes or assessments on real property; or, (2) Proceedings by a public agency which may result in takes
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; () 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), ( or 3) are shown by the public records.
Z. ;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, (C) or in Part 2 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; ( ) which are created, suffered, assumed or agreed to by
one or more of the Assureds; 2) which result in no lass 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 ,natter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND 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) (C) or in Part 2, 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) (C) or in Part 2, 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 ,natters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case knowledge shall
carve 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
small 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 Guarantee unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to
which the Assured 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 Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in
Paragraph 3 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 lass or damage to the Assured. The Company may
take any appropriate action under the terms of this Guarantee, whether or not it shall
be liable hereunder, and shall not thereby concede liability or waive any provision of
this Guarantee. If the Company shall exercise its rights under this paragraph, it shall
do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph (a) the
Company shall have the right to select counsel of its choice (subject to the right of
such Assured to abject 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 pursue 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
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.
S. Proof of Loss or Damage.
In addition to and after the notices required under Section 2 of these Conditions and
Stipulations have been provided to the Company, a proof of IDss or damage signed
and sworn to by the Assured shall be furnished to the Company within ninety ( 0
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 obligation 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. Further, if
requested by any authorized 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, correspondence 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 necessary in the administration of the
claim. Failure of the Assured to submit for examination under oath, produce other
reasonably requested information or grant permission to secure reasonably necessary
information from third parties as required in the above paragraph, unless prohibited
by law or governmental regulation, shall terminate any liability of the Company under
this Guarantee to the Assured for that claim.
Form No. 1282 (Rev. 12/15/95)
Subdivision Guarantee
Guarantee No.: 5177-FT
6. Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company 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 Assured any claim which could result in loss to the Assured 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 authorized 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 payment of
the purchase price.
Upon the exercise by the Company of the option 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 payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
b To Pay or Otherwise Settle With Parties Other Than the Assured or With the
Assured Claimant.
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 option 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 payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised its options under Paragraph 4.
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 damage by
reason of reliance upon the assurances set forth in this Guarantee and only to the
extent herein described, and subject to the Exclusions From Coverage of This
Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the
least of:
(a) the amount of liability stated in Schedule A or in Part ;
b the amount of the unpaid principal indebtedness secured by the mortgage of an
Assured mortgagee, as limited or provided under Section 6 of these Conditions and
Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the
time the loss or damage Assured against by this Guarantee 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 defect, lien or
encumbrance Assured against by this Guarantee.
. 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 Guarantee in a
reasonably diligent manner by any method, including litigation and the completion of
any appeals therefrom, it shall have fully performed its obligations 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 Company 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 competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability
voluntarily assumed 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 payments made for costs, attorneys' fees
and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto.
10. Payment of Lass.
a) No payment shall be made without producing this Guarantee for endorsement
of the payment unless the Guarantee has been last or destroyed, in which case proof
of loss or destruction shall be furnished 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 subrogation shall vest in the Company unaffected by any act of the Assured
claimant.
The Company shall be subrogated to and be entitled 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 issued. 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 Fight 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 Assured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the lass 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 cf collection.
12. 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 ,natters 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 Ilability is in excess of
$ ,D00,000 shall be arbitrated only when agreed to by both the Company and the
Assured. The Mules in effect at Date of Guarantee 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 attorneys' 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 Mules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee* Guarantee Entire Contract.
(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 be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
14. Notices, Where Seat.
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall include the number of this Guarantee and shall be
addressed to the Company at 1 First American Way, Santa Ana, C. 97.
Form No. 1282 (Rev. 12/15/95)
"This plat is provided solely for the
x purpose of assisting in locating the lard
and the Company assumes no h bifi r
for variations' K any, with actual
survey.
INSURED TITLES
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Ir
t94.3'
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' "-'CENTERLINE ERLINE Y Ef1JEiYi Jai 1
Lot ][3
I
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(5_ EACH SIDE
EXISTING WATER LINE)
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E3
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Lot
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�RF i�� �R �IY�M �`� �' +Y+{ FAT 4 � 1 ��T �`
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10,,974 Sq.
47
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Lot 1A
4.,476 . Ft.
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LL
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-
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S F, 5'44' '+ 1 t �4
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IOr \VIDE PEDESTRIAN EAS EM ENT DED)CArm TO THE CITY
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J 8 ar r ~ X A9 F' B�A'R �Y;is
89
�'.y Pr .� r 1-Y # ES N f''^�
�
i
LEER
FOUND 5l8" RERAN I'rM PLASTIC CAP MARKED "00YLE [
FOUND /$" REBAR tNO CAP)
f:7 :•'8" BY 24" 1E8AR WITH PLASTIC
,,tP MARKED "ARCUADT 7328S,.
"Th
is Platis ?
PUIPc a i ,g solelyfor th
and 11,9 Companytrr in locating the
ar
or.
Sunny Sidi
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 69901
(40 758-551 o
This Fora is for Subdivisions & Condominiums Only
TAX SEARCH FOR CERTIFICATE OF SURVEYS:
BY: MAR UAR T
FOR; K LLY
DESCP- WESTERN ACRES AMD L
(18-28-22)
YEARS ASSESSOR #
DATE 11/13/07
PURPOSE AMD SUB
i hereby certify that there are no outstanding saxes an the property assigned the
assessor numbers listed above, for the years indicated for each assessor
number.
Deputy Treasurer
(seal)
Q <
\Stars o���
FEB 2 6 2008
AMENDED PLAT OF LOT 2
OF WESTERN ACRES
1 of Section 18, T28N R21W, P.M., M.
Flathead County, Montana
f
^ b
f
r
Lot 1
--CENTERLINE 10' EASEMENT�,it
If S" EACH SIDE
-0° F�.
EXISTI1+ O ATER LIME)
0.103c- 1ti/"
a
Cl
v
el
o
a
�
SF
'Cr
q
�
J Lot
i
�
W
1 q. Ft.
`,'J ''
Lot ]A
r4,476
Sq. Ft.
0.103 Ac_
f Lr SaW44'04-W 1 D5.57'
R
10' WADE PEDEST klok A EASVAEr*T 0EDICATED TO THE CITY-
I T 89.83'
568'44'00"W B 565 C 90R,NGS PER PLAT OF WESaERN ACRES 194.33'
rp �
f �
f
LtGEND
■ FC>UNO 5/8- RESAR WITH PLAS1'EC CAP MARKED -DOYLE 2516S-
FOUND 5a' REBAR iNO CAP)
O 5ET 518" BY 24" RMAKWITH PLASTIC CAP MARKED' MARQUAROT 73285"
5.5' DEDICATED ALGHT
OF WAY PER PLAT OF
WESTERIN! ACRES
�E3
L
LU
W
0
ill
E,EEN MAE)E FOR EAsEMEr T5 AFFLC1•Er O THIS FRO aERTY AND
�S NOl' PURFOR T TO 5HOW ALL APPURTENANT EASEMEW5.