6. Final Plat - Legends Court SubdivisionREPkORT TO: Kalispell Mayor and city council
FROM: Nicole C. Johnson, Planner II
James H . Patrick, City Man age r
SUBJECT Final Plat for Legends court
MEETING DATE: October 6, 2008
BACKGROUND: This is a request for final plat approval for a 3 lot subdivision on two existing
tracts of land located at 1224 4th Avenue west in Kalispell. The property is approximately 0.473 of
an acre in size and can be legally described as Assessor's 'Tracts 8T 1 and 8T 11 in Section 18,
Township 28 North, Range 21 west, P.M.M., Fathead county, Montana.
Preliminary plat approval for the minor subdivision was granted by. the Kalispell City Council on
June 16, 2008 with 13 conditions of approval..
At this time only limited work has begun on the site including the removal of two outbuildings and
some minor grading. A Subdivision Improvements Agreement (SIA) is included with the final plat
request in. the amount of $15,084 (125% of actual construction estimates) with a completion date of
October 31, 2009. The agreement ensures the required sidewalk along 4th Avenue Nest, street
trees, utilities and access paving are completed. A letter of credit in the amount of $ 15,084 with an
expiration date of April 7, 2010 from West one Bank was submitted for the remaining
improvements.
RECOMMENDATION: A motion to approve the final plat for Legends court and to accept the
Subdivision Improvements Agreement with the securities totaling $15,084 would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERB'A.T11VES: As suggested by the city council.
Respectfully submitted,
Nicole C. JohnsoN ames . Patrick
Planner H City Manager
Report compiled: September 30, 2008
Attachments: Letter of transmittal.
Final plat application and supporting documents
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
—October , 200 8 , by and between the CITY COUNCIL, CITY OF
KALI SPELL, MONTANA, Party of the First Part and hereinafter referred to as the
CITY, and
Trapy.. Gardner , (Name of Developer)
an Individual
(Individual, Company or Corporation)
located at P.G. Box 2854 Kalispell, MT 59903 ,
(Street Address/P. 0. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER..
wITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision
mown. as Legends Court
(Name of Subdivision)
located at 1224 Fourth Avenue West_ KalisnelL MT 59901
(Location of Subdivision) and,
WHEREAS, the City has conditioned it's approval of the final plat of _ Lem nds Court
L ,
upon the conditions as set forth for Legends Court in the Preliminary Plat of the
Subdivision being completed and all improvements, as cited in "Exhibit A" have not been
completed at this time, and the Developer wishes to bond for the completion of those
improvements set forth in "Exhibit A"; and
''WHEREAS, the City's Subdivision Regulations require that a subdivider shah provide a
financial security of 125% of the estimated total cost of construction of said
improvements as evidenced by an estimate prepared by a bona fide contractors included
herewith as "Exhibit B"; and
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 collateral as determined by the City Council, in the amount of
$ 15 084 .Said Letter of Credit or other collateral shall have an expiration
date of at least sixty (60) days following the date set for completion of the
improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $ 1511084 the
estimated cost of completing the required improvements in Legends Court
b. That if the Developer fails to complete the specified improvements within the
required period, the creditor will pay to the City immediately, and without
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 —October 31 R 2009 or
be fore .
3. 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 improvements against any and all defects for a period of two (2) years
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 clear 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 furnish 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 WHEREOF, the Parties have hereunto set their hands and seals the day
and year herein before written.
Legends Court
(Name of Subdivision/Develo
by
y G a r, [owner
STATE OF MONTA A
COUNTY OF
On this day of � ��v�-� , 20�, before me, a Notary
Public for the State of Montana, personally appeared
known to me to be the
of _ �����aS C �.c � ,whose name is
subscribed to the foregoing instrument an acknowledged to me that he/she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
this day and year first above written.
A
Notary Public or the State of Montana �=
Panted Name
Residing at � g q
��
P
IIIy Commission Expires 0- . e .
a
{
."' a 4a
�-c
MAYOR, CITY OF KALISPELL ATTEST:
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell,
Montana by Resolution No. 5283.
EXHIBIT B
This agreement specifically includes the following improvements, their projected
construction completion date and estimated construction costs.
CHECK
APPROPRIATE
CONSTRUCTION ESTIMATED PERCENTAGE
COMPLETION CONSTRUCTION COMPLETE
EVIPROVEMENTS
DATE COSTS
Street Grading/Paving
Street Base
Sidewalks X
10/31/09 $21)970 0%
Curbs and Gutters
Sanitary Sewers
Mains
On -Site Sewage
Facilities
Water Systems
Mains
On -Site 'water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping/Boulevard trees X
10/31/09 $L199 0%
Other (X)
Underground Utilities X
10/31/09 $31>398 37%
Access Paving X
10/31/09 $4,500 0%
SUBTOTAL $12.,067
FEES
TOTALS COSTS 12,067
TOTAL COLLATERAL (TOTALS COSTS X 125%) $15,084
Jim
140�1 lion
, 4 R . i -4 &P, AAT�
MAM''11 JjVF"
September 23, 2008
Irrevocable Letter of Credit No. 131
Tracy A O ardn er
PO Box 2854
Kalispell, MT 59903
City of Kalispell
P.O. Box 1997
Kalispell, MT 59904
We hereby establish this irrevocable Letter of Credit in your favor for one or more
drawings up to United States, $15,084.00. This Letter of Credit is payable at the west
One Bank office at 222 W. Idaho, Kalispell, NIT 59901, and expires with our close of
business on April 7, 2010.
Each draft so drawn must be marked "Drawn. under west One Bank, 222 W. Idaho,
Kalispell, MT 59901, Letter of Credit Number ##131 and accompanied by signed
statements of the Kalispell City Attorney that Tracy A. Gardner has failed to honor his
contractual agreement with the City of Kalispell. This letter of credit shall reduce
proportionally with the paving, sidewalks, and boulevard landscaping as they are
completed on Legends Court, Kalispell, MT.
We hereby agree with you that all drafts drawn under and in compliance with the terms of
this credit will be duly honored if drawn and presented for payment to our office, West
One Bank, 222 W. Idaho, Kalispell, MT 59901.
Sincerely,
West O
BY:
PLANNINGFOR THE F=RE t7WtiA 1.J
October 1, 2008
James H. Patrick, city Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Final Plat for Legends Court
Dear Jim:
Planning Department
201 V Avenue East
KalispeI4 MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
wwvv.ka1ispe11.com/p1anning
This is a request for final plat approval for a 3 lot subdivision on two existing tracts of land
located at 1224 4th Avenue West in Kalispell. The property is approximately 0.473 of an
acre in size and can be legally described as Assessor's "Tracts 8'T1 and 8T11 in Section 18,
Township 28 North., Range 21 west, P. M . M . , Flathead county, Montana. Preliminary plat
approval for the minor subdivision was granted by the Kalispell City Council on June 16,
2008 with 13 conditions of approval.
At this time only limited work has begun on the site including the removal of two
outbuildings and some minor grading. A Subdivision Improvements Agreement (SIA) is
included with the final plat request in the amount of $15,084 (125% of actual construction
estimates) with a completion date of October 31, 2009. The agreement ensures the
required sidewalk along 4th Avenue west, street trees, utilities and access paving are
completed. A letter of credit in the amount of $15,084 with an expiration date of April 7,
2010 from west One Bank was submitted for the remaining improvements.
C[31'iiIPLL4NCR WITH CONDITIC]NS OF APPROVAL:
General Conditions
Condition 1. That the final plat for the subdivision shall be in substantial compliance
with the approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final
Plat)
• This condition is met. The final plat is in substantial compliance with the approved
preliminary plat.
Condition 2. A variance shall be granted to allow a 10-foot non-exclusive access and utility
easement along the east side of all three lots abutting Fourth. Avenue west to serve as a
pseudo public right --of way in lieu of a dedicated right-of-way.
■ This condition is met. The variance was granted with the approval of the
prclimina-ty plat for the subdivision. on June 16, 2008. A 10-foot non --exclusive
access and utility easement along the east side of all 3 lots abutting 4th Aven.u.e west
has been shown on the final plat.
Condition 3. 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. (FINDINGS of FACT, Section A - Fire and Access)
® This condition is met. The lots were organized in a manner that would allow
compliance with fire protection and access standards. At the time of building permit
application and prior to the time these lots are developed, the property owners will
coordinate with the Kalispell Fire Department to ensure applicable requirements for
fire protection are approved and provided.
Condition. 4. Prior to 2�ny 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.
At the time of final plat, the developer shall certify that the development is in compliance
with the approved City Stormwater Management Permit. (ordinance 1600 and FINDINGS
OF FACT, Section C - Drainage)
This condition is met. The site is operating under the City Stormwater Management
Permit SW08-100.
Prior to Final Plat
Condition 5. 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. (FINDINGS OF FACT, Section. F
-- Compliance with zoning)
This condition is met. All of the buildings not intended to be retained have been
removed from the property. The only remaining building is the single-family
residence that was on the property at the time preliminary plat was reviewed and
approved. The house is located on Lot 3 of the subdivision and all setbacks are met
according to the R-4 zoning district standards.
Condition. 6. The 10 -foot easement along Fourth. Avenue west shall include a am.in]*-M .
five foot sidewalk, boulevard and street trees as approved by the Kalispell Public works and
Parks and Recreation Departments. A plan shall be approved by each department and the
improvements installed prior to final plat or adequately bonded for. (FINDINGS of FACT,
Section A - Access and Kalispell Subdivision Regulations, Appendix A)
A plan for the development of the sidewalk, boulevard and street trees has been
reviewed and approved by the Kalispell Public works and Parks and Recreation
departments (see attached letters) . The plan consists of the following:
1. A 5 foot sidewalk placed along the crest side of the easement
2. Removal and replacement of the two trees located within the easement along the
southern portion of the site along with an additional tree located along the
northern portion of the site
3. Treating the boulevard with sod
The costs for these improvements have been included in the SIA.
Condition T. The tree located on Lot 1 shall be replaced if the sidewalk caiuiot be placed
outside of a three foot buffer from the trunk of the tree. The replacement tree shall be an
approved species and meet the International Society of Arborist (ISA) standards.
a The sidewalk located on Lot 1 could not be located outside of a 3 foot buffer from
the trunk of the tree and therefore the tree has to be removed. A replacement tree
meeting the ISA. standards and Kalispell Parrs and. Recreation Dcpartmcnt
approved species list has been included in the SIA.
Condition 8. Submit a scaled parking plan for Lot 3 with the existing house. The plan
shall provide a paved driveway and a minimum of two off-street parking spaces in
accordance with. the Kalispell Zoning Ordinance. The parking spaces may not extend into
the 10--foot sidewalk easement abutting Fourth Avenue west. The plan shall be reviewed
and approved by the Planning Department. (FINDINGS OF FACT, Section A - Parking)
Note: The parking plan is encouraged to use the rear portion of lots 1 and 3 to accomplish a
house oriented street design.
Attached is a scaled plan for Lot 3 with the existing house. The plan also includes a
preliminary parking plan for Lot 1. The intention is to use the rear portion of lots 1
and 3 to accomplish the recommended house --oriented design. A letter submitted by
the owner states the parking for lot 3 is anticipated to be completed by November 15th
of this year.
Condition. 9. That the shared common road and utility easement located between lots 1
and 3 shall provide access for all three lots. The easement shall be non-exclusive and
encompass the full extent of the flag portion of Lot 2 to ensure lots 1 and 3 have fun
access along the east and west portion of the lots. The access road shall be paved and,
shall be constructed to a minimum 14-Moot width. (FINDINGS OF FACT, Section A -
Access)
This condition is met. The shared common road and utility easement located
between lots 1 and 3 provide access to all 3 lots and a note has been placed on the
face of the plat that the access and utility easement is appurtenant to lots 1, 2 and
3 as indicated on the plat. The paving for the access road has been included in the
SIA and will be paved to a minimum 14 foot width.
Condition. 10. A. maintenance agreement for the private drive access and utility easement
shall be developed and reviewed by the Kalispell Planning Department prior to final plat
for the subdivision. The agreement shall include provisions for paving, maintenance,
snow removal, etc. The owner shall record the agreement with the filing of the fa.n.a1 plat.
(FINDINGS OF FACT, Section A -- Access)
This condition is met. A maintenance agreement for the private drive access and
utility easement has been included with the final plat application that includes a
provision for the all-weather maintenance of the access including paving,
maintenance, snowy removal and assessments. The agreement has been reviewed
by the Kalispell Planning Department and the easement agreement will be recorded
with the final plat.
Condition. 11. All utilities shah, be installed underground. (Kalispell Subdivision
Regulations, Section 3.17) .
• This condition is met. Flathead Electric Cooperative (FEC) is in the process of
relocating the overhead lines to underground lines and installing additional services
to accommodate the 2 additional lots. A work order that was placed with FBC has
been included with the final plat application which includes the total costs, less the
deposit. The remaining costs associated with relocating and extending the utilities
has been included in the SIA.
Condition 12. That a note shall be placed on the face of the final plat which waives
protest to the creation of a special improvement district for the future upgrade of Fourth
Avenue west (Kalispell Subdivision Regulations Section. 3.09, (J))
g This condition is met. A note has been placed on the face of the final plat waiving
the property owner's right to protest the creation of an SID.
On -going Conditions
Condition 13. That preliminary plat approval shall be valid for a period of three years
from the date of city council approval. (Kalispell Subdivision regulations, Section 2.04).
This condition is met. The final plat for this subdivision has been submitted to the
Kalispell Planning Department prior to the expiration of the preliminary plat (June
2011).
COO PLL46NCE WITH APPROVED PRELIMINARY" PLAN`
The final plat is in substantial compliance with the preliminary plat which was submitted
and approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in substantial compliance with the state and
city subdivision regulations for a minor subdivision., including the necessary approval of a
variance to allow the developer to provide an easement along 4th Avenue west instead of a
dedicated right-of-way. All taxes are current. The title report notes that Three Rivers
Bank of Montana has an interest in the property and they have filed the necessary
"Consent to Plat".
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning ordinance and the R--4 zoning
designation.
...z� f
All of the conditions of preliminary plat approval have been adequately addressed. The
staff recommends that the Kalispell City Council approve the final plat for this
subdivision. Note that the SIA should be accepted along with the final plat approval.
Please schedule this matter for the October 6, 2008 city council agenda if possible_ Please
do not hesitate to contact me if I can be of further assistance at 758-7940.
Sincerely,
Nicole C. John n
Planner II
Attachments: 1 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 9/23/08
Letter from Narda Wilson dated 9/23/08
Treasurer's certification dated 8 / 28 / 08
Title Report #271433-CT
Consent to Plat from Three Rivers Bank of Montana dated 9/22/08
Municipal Facilities Exclusion Checklist 9/9/08
Letter from MDEQ dated 9/29/08
Subdivision Improvement Agreement dated 9/23/08
Sandon Construction estimate for sidewalk dated 9/11/08
Wild Geese Gardens landscaping estimate dated 9/ 17/08
FEC Work Order #20081642 dated 8/ 14/08
K-G Contracting proposal (paving) dated 9/8/08
Letter of Credit No. 131 from West One Bank dated 9/23/08
Letter from Parks and Recreation dated 9 / 18 / OS
City Storm Water Management Permit SW08-100
Letter from Public Works dated 9/22/08
Legends Court -Parking Plan
Letter of commitment from Owner of Lot 3 for paving dated 8/ 1 /08
Legends Court Access Maintenance Agreement dated 9/23/08
c: Tracy Gardner
P_O_ Box 2954
Kalispell, MT 59903
Narda Wilson
184 Midway Drive
Columbia Falls, MT 59912
Theresa White, Kalispell City Clerk
L 1671
.1 W4111
]FINAL PLAT APPLICATION
Project /Subdivision Name.- LEGENDS COURT
Contact Person.- Owner & Mailing Address:
. NARDA WILSON TRACY GARDNER
N carne .
Address.- 184 MIDWAY DRIVE P.O. BOX 2854
COLUMBIA FALLS. MT 59912
Phone No.. 406-892-4898
KALISPELL, MT 59903"
406-253-9039
Date of Preliminary Plat Approval: 06/16/08 RESOLUTION NO. 5283
Type of Subdivision: Residential X Industrial Commercial
Total Number of Lots in Subdivision
Land in Pr 0'ect (acres) 0437 AC
1
Parkland (acres) N/A Cash -in -Lieu $
No. of Lots by Type:
3
Single Family
Townhouse
Duplex
Apartment
Commercial
Industrial
Condominium
Multi -Family
Ptj"D Other
Exempt X
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Other
Legal Description of the Property
ASSESSORS TR. 8TI AND 8T I I IN S I 8-T28N-R2 IW
FILING FEE ATTACHED $ 825.00
Minor Subdivision with approved preliminary plat
Ma . or Subdivision With approved preliminary plat
J
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
I
$400 + $125/lot
$800 + $125/lot
$800 + $125/lot
$50
ttached Not .8pplicable (MUST CHECK
8/ Health Department Certification (Original)
Title Depart (Original, not more than 90 days old)
Tax Certification (Property taxes gust be paid)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland. Cash -in -Lieu (Check attached)
Maintenance Agreement
Plats: 1 opaque OR 2 mylars
1 rnylar copy 1 signed blueline
4 bluelines 4 bluelin.es, unsigned
11 17 Copy 11 x 17 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
finds the application is complete, the staff will submit a report to the governing body. The governing
body must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body far
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 an the property for routine monitoring and inspection during the approval and
development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications b4" - auied with a digital copy.
gyaTer(s) Si
_01
9 /2 -3 /;/1- W`
Dat
A digital copy of the final plat in a Drawing Interchange File (D F) format or an AutoCAD file
format, consisting of the following layers.-
1. Exterior boundary of subdivision
2. Lot or park baundarl es
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
C,
Narda A. Wilson,, AICP
Land Use Planning and Consulting
September 23, 2008
Nicole Johnson, Planner II
City of Kalispell Planning Department
201 First Avenue fast
Kalispell, MT 59901
1E: Final Plat for the Legends Court
Dear Nicole:
184 Midway Drive
Columbia Fails, MT 59912
(406) 892-4898
wilsonsbigsky@centurytel.net
Attached is an application for the final plat of Legends Court. The preliminary plat for this three
lot subdivision was approved by the Kalispell City County on June 16, 2008 subject to the
conditions in Resolution No. 5283. Along with the final plat application are the supporting
documents and copies of the final plat for your review and for city council approval.
A Subdivision Improvements Agreement has been submitted to address the incomplete required
improvements with the estimated completion date to be before February of 2010. A letter of
credit in the amount of $15,084 or 125 percent of the estimated cost of improvement is also
included with the final plat application.
The following is a list of conditions associated with the preliminary plat waiver and how they
have been met or otherwise adequately addressed:
General Conditions
1. That the final plat for the subdivision shall be is in substantial compliance with the approved
preliminary plat.
The final plat is in substantial compliance with the preliminary plat that was approved and in
compliance with the conditions of approval.
2. A variance shall be granted to allow a 10 foot non-exclusive access and utility easement along
the east side of all three lots abutting Fourth Avenue west to serve as a pseudo right -of --way in
lieu of a dedicated right-of-way.
• A 10 foot non-exclusive access and utility easement along the east side of all three lots abutting
Fourth Avenue West has been shown on the final plat.
3. The access design for the lots shall beet the provisions outline 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 (FINDINGS OF
FACT, Section A. — Fire and Access)
• At the time building permit application and prior to 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 including compliance with Chapter 5 of the
International Fire Code and the prohibition of combustible material for construction, access,
water supply, hydrants and street signs, as required.
4. 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 pert it sh al 1. include a permit application., site reap, narrative describing
the best management practices to be used and a completed checklist. At the time of final
plat, the developer shall certify that the development is in compliance with the approved City
Stormwater Management Permit. (ordinance 1600 and FINDINGS OF FACT, Section 5
Drainage)
Because this property contains less that one acre, it is exempt from the above referenced
stormwater management permit as per Ordinance 1600 adopted April 7, 2007 and as per
NMDEQ administrative rules, Sections 17.30.1102(28) and 17.30.1111(B)(i). At the time a
building permit application is submitted for the development of the two undeveloped lots, a
drainage plan will be submitted which insures that all stormwater generated from the site shall
be managed and retained on -site as required.
Prior to Final Plat
5. 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. (FINDINGS OF FACTS, Section F —Compliance with Zoning).
All of the buildings not intended to be retained have been removed from the property. The
only remaining building is the single family residence that was on the property at the time the
preliminary plat was reviewed and approved and is in the same location. The existing house as
it is located complies with the minimum 15 foot front yard, 5 foot side yard and 10 foot rear
yard setbacks of the R_4, Two Family Residential zoning district.
6. The 10 foot easement along Fourth Avenue shall include a minimum five foot sidewalk,
boulevard and street streets and approved by the Kalispell Public and Parks and Recreation
Departments. A plan shall be approved by each department and the improvements installed
prior to final plat or adequately bonded for. (FINDINGS OF FACT, Section A 0 Access and
Kalispell Subdivision Regulations, Appendix Z)
2
A plan for the development of the sidewalk, boulevard and street trees has been reviewed and
approved by the Kalispell Public works and Parks and Recreation Department which consists
of a 5 foot sidewalk placed along the west side of the easement, the removal and replacement
of the two trees located within the easement along the southern portion of the site along with an
additional tree located along the north portion of the site. The boulevard will be treated with
sod. Attached are letters from the Kalispell Public works and Park and Recreation Department
approving this plan. The costs for the sidewalk as well as the placement of sod in the
boulevard and the replacement and planting of three street trees that comply with the ISA
standards and the specifications of the City of Kalispell have been included in the subdivision
improvements agreement.
7. The tree located on Lot 1 shall be replaced if the sidewalk cannot be placed outside of a three
foot buffer from the trunk of the tree. A replacement tree shall be an approved species and
meet the international Society of Arborists (ISA) standards.
• Sadly, the tree located on Lot 1 could not be located outside of a three foot buffer from the
trunk of the tree and therefore had to be removed. A replacement tree has been included in the
subdivision improvements agreement for replacement in accordance with ISA. standards and
the specifications of the City of Kalispell.
S. Submit a scaled parUng plan for Lot 3 with the existing house. The plan shall provide a paved
driveway and a minimum of two off-street parking spaces in accordance with the Kalispell
Zoning Ordinance. The parking spaces may not extend into the 10 foot sidewalk easement
abutting Fourth Avenue west. The plan shall be reviewed and approved by the Planning
Department (FINDINGS OF FACT, Section A — Parking)
+� Attached is a scaled parking plan for Lot 3 with the existing house. The plan also includes a
preliminary parking plan for proposed Lot 1. The plan intention is to use the rear portion of
Lots I and 3 to accomplish a house oriented street design.
9. That the shared common road and utility easement located between Lots I and 3 shall provide
access for all three lots. The easement shall be non-exclusive and encompass the full extent of
the flat portion of Lot 2 to ensure Lots and 3 have full access along the east and west portion of
the lots. The access road shall be paved and shall be constructed to a minimum 14 foot width.
(FINDINGS OF FACT, Section A — Parking)
# The shared common road and utility easement located between Lots l and 3 provide access to
all three lots and a note has been placed on the face of the plat that the access and utility
easement is appurtenant to Lots 1, 2 and 3 as indicated on the plat. The paving for the access
road has been included in the Subdivision Improvements Agreement that will be paved to a
minimum 14 foot width.
10. A. maintenance agreement for the private drive access and utility easement shall be developed
and reviewed by the Kalispell Planning Department prior to final plat for the subdivision.
The agreement shall include provisions for paving, maintenance, snow removal etc. The
3
owner shall record the agreement with the filing of the final plat. (FINDINGS OF FACT —
Section A —Access)
• A maintenance agreement for the private drive access and utility easement has been included
with the final plat application that includes a provision for the all weather maintenance of the
access including paving, maintenance, snow removal and assessments. This easement
agreement will be recorded with the final plat.
11. A11 utilities shall be installed underground (Kalispell Subdivision Regulations, Section 3.17)
• Flathead Electric Cooperative is in the process of relocating the overhead lines to underground
lines and installing additional service to accommodate the two additional lots. A work order
that was placed with Flathead Electric Cooperative has been included with the final plat
application which includes the total costs less the deposit. The remaining costs associated with
relocating and extending the utilities has been included in the Subdivision Improvements
Agreement.
12. That a note shall be placed on the face of the final plat which waives protest to the creation of a
special improvements district for the future upgrade of Fourth Avenue West (Kalispell
Subdivision Regulations Section 3.09(J))
• A note has been placed on the face of the final plat which waives protest to the creation of a
special improvement district for the future upgrade of Fourth Avenue west.
On-going_conditions
13. That preliminary plat approval shall be valid for a period of three years from the date of city
council approval (Kalispell Subdivision Regulations, Section 2.04)
• The final plat for this subdivision has been submitted to the Kalispell Planning Department
prior to the expiration of the preliminary plat waiver.
If there is any additional information 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 I believe would be October 6, 2008. Thank you.
Sincerely,
Narda A. Wilson, AICP
c: Tracy Gardner
Marquardt Surveying
Plat Room
Flathead County, Montana
i 800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
n ky 1► af-1IMA V011
FOR: GAR D N E R DATE : 8/28/08
DESCP : LEGENDS COURT SUB PURPOSE: SUB
jr. 8T1 & 8T11 in 18-28-21)
YEARS ASSESSOR #
2044 THRU 2007 0389500
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above,'fothe years indicated
each assessor number.
rA v
Deputy Treasurer
(seal)
Mick & KristyoMorin
Kevin Morin
Phooc`(4O6)755'3?44
14O34dxStreet West
Kalispell, Montana �990l
LANDSCAPER
lome8c�c6on��B�hOuo�v
B^d ling Plants "n"�ongaq�e
Ye�-lanNc "Tomomc aPer;ommls
Gift Cei-tificates
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Bandon Construction Co. luc.
P.O. Box 5557
Kalispell MT 59903
Name !Address
TRP►CY GARDNER
Estimate
Date Estimate #
4f t Lf2008 F 111 t 2-ave-
iep ZZ uO u0:42P garaner
4M /b2b�)Vu PA
9/22/2008
GARNDER TRACY
Account 4 1748299
Amount Pd: By:
Amount Pd: BY ..
F.E.C. Work Order Cost
20081642
Staked By: andym
Staked Date: MV2608
Date: Check,
E�aw__ :heck #:
New Units Unit Mscrip►tion
Quantity Laborcost
MaterlstQat
PRI526 #2 STR. 220 MJIL 15K V URI)
10 $10. 77
$22.93
SEC557 350 MCM USE TPX
20 $39.16
$65.31
UA,2 RJSUR, SINGLE W/ 13RKT>`
1 $584_74
$386.96
LIFER UFER GROUND
I
IJG7-25 M A TRANS. ASSY. URD
I $507.30
U MSO-M-3 3 t MER. CONDUIT
10
UM SECONDARY RISER 3"
2 $215.43
$272.46
UM6-1 EL 13OW 15 V #2-110
1 $107.71
$31.32
UMW 34 EL.BOWIARRESTOR
I $107.71
$8129
UR2-MBR 1BR TRENCH
1
Construction Cost:
$4,284,80
'SI,57�.a3
S2 71 21.4-7
Gcncrai Ovatrcad;
$642.72
Transporta6on
$278.51
Engineering:
$ 192.82
nmct Fee:
$0.00
Transfonner .Fee:
$0.00
Additional FEC Costs:
$0.00
Explanation:
TOTAL COST,-
$5,399.00
FEC Transfonner Contribution
$0.00
FRC Ww Semice Aflov;=oe
$0.00
Additional FEU' Allowance:
$2,000.00
Explanation.; 1:. c � r
[. c..Posit Nlid.
TOTAL: ALLOWANCE-.
S2,000+00
TAL DUE:
CREDITIDE, POSIT INFORMATtO
N01pos it Required
Ao count #.L748
9n
Payment .Required
Require Account Current
Amount Paid
31 I"S'1`INWil.' ' ':MJ1) FOR 91) PROM:
I
tiep lei Ud 12:up gar d ner
K-G Contracting, Inc.
Box 83
Ka ispel iq MT 69901
(406) 756-1284
Proposal Submitted to:
Name:
Street:
City: !0S 5;z�
Phone:
4Ub /b2bU9U p.1
PROPOSAL 0631
Date. r�"' �'''-C..� rim
'work To Be Performed at;
Street: -0#4A!2._
City-
Directions:
K-G Contracting, Inc. agrees to la and compact asphalt paving f i
_ �,�..._._ . � � � �r the ��llc� Ong �� �bad project:
-G Contracting, Inc. will. provide the material � real (asphaft and/or gravel).
-G Contracting, Inc. will Mull not grade, re -level are
g � � d compact bass.
Asphalt will be laid in lift (s) and will be compacted to inches ches In depth.
Seal coat
Other speclfiatic of asti e: �
Drawing: Any alteration or deviatio
n from the above specifications will be executed only
upon written change orders and will become an extra charge over and above
the estimate. All agreements contingent upon strikes, accidents, or delays
beyond our control. I- G Contracting, Inc. gill` carry liability and other necessary
insurance upon above work and will pay Marker's Compensation insurance for
K-G Contracting, Inc, Employees only.
Material and workmanship is guaranteed to be as specified and the work will be perform in accordance specifications, completed in a substantial workmanlike Mariner: l� either a is roe o dance with the drawings and
terms of this contract; the prevailing � Arty d to seek an attorney to enforce any of the
p 9 part v�ii1 a entitled to recover his or her attorneys s fees and costs,
Total Cost for the above -specified work: 2D.,'I
Payments shall be made on the following terms:
Respectfully Submitted by:
This PrcpaSal is valid for 30 days from Proposal
ACCEPTANCE
te.
The above prices* specifications anti conditions arc satisfactory and are ac;ceted. K--�
authorized to do the work as specified and payment will be made p ��nt�'aoting, inc. i�
p � as outlined.
Date_- Signature:
306 13' Ave East — P o Box 1997 — Kalispell MT 599 -
p o3 1 997
Phone: (406) 758-7960 Fax: (406) 758-7719
Email: cfinchera@kalispell.com
September 18, 2908
Tracy Gardner
1 224 4th Ave west
Phone: 496-253-9939
Re: 1 224 4t" Ave West
To whom It May Concern:
This letter is to serve as approval on the proposed
landscaping plans for � 224 4 to
Ave Vest perour discussion on -site.
At
our on -site meeting, it was agreed that you, the developer, would
are immediately to p uld remove the two trees that
e y in front of '1224 4 Ave. East and replant 3 new trees in the newt
boulevard, after the sidewalks are in. It i Y created
s agreed that if the project is extended, the developer
will be responsible for bonding for landscaping improvements p
th p 9 p ovements as specified at our on -site
meeting for 1 224 4 Ave Vilest. Tree plantings are required to meet the St
standards of 2 '/�" caliper reef Tree Ordinance
p and of an approved species from the Kalispell Parks department
planting list. Boulevards are to be seededp ent
or sodded to meet city standards.
Final approval will be given upon completion, inspection and approval
p pp a! of the landscaping and
tree plantings, at which time bonding and/or letter of credit would be re
leased if it is �.
n place. It
should be noted that the trees and landscaping are under a warrant period y p d and should they i de
within this time frame, the developer will be responsible for replacement.
It has been enjoyable working with you, if you have an concerns or `
call.
Y questions please give me a
Sincerely,
Chad Fincher, Parks Superintendent
Kalispell Parks and Recreation
CC: Nicole Johnson, Kalispell Planning
Mike Baker, Parks and Recreation Director
yy A
Un
Ar
4V 11 "I , _1
TFU "I'M '• PL-1-111it'-N
WE 12 -
ONL. 01 0
"N A;M.V
m -� 4 Doe Submittec C-XI
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M. E��k "W
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0,
111 9-M�,le
:04gW iiar1.1-_)rabt'on Dat%�
Public Works Department
"06 If-, A�-e East Kalispell, Montana 59901
(406) 758-7-1720
Notea- This penmt iss separate from any permits required bv the Monta.n.a Department of EnvIron-mental
Quality. A State Storinwater Constniction Permit is required for all land disturbance activities equal to or
sn'eater than one (1) acre or for I -and disturbance activities less than one � 1) acre that are part of a larger
common plan of development or sale that would disturb one (1) acre or more.
0
**No land disturbance is permitted oift any Projects without an approved Clity of Kalispell
*1 &
Stormwater ]NIanagenient Permit"
�1) Contact Information.,
(a) Project Owner TRACY GARDNER
Contact PCTS011: TRALCY GARDNER Company: N/A
M,all Address- P.D. BOX 2854 S t," te. MT Z'P -59903
--I
Phone: 406-253-9039 Email:
Fay: Mobile: Other-
(b) Contractor K-G CONTRACTING
Contact Person- BILL JOHNSON Companv: K-G CONTRACTING INC
Mail Address.- P.O. BOX 84 State: MT Zip: 59901
Phone: 406-7.156-1284 Erawl.
_7Mobile:
Fav Other:
(c) Engineer N/A
Contact Person.-
Company.-
"\Vad Audress:
Phone:
Email:
Fax:
Mobile:
Other:
(2) Project Information
L),]_ect Address: 1224 4T14 AVENUE WEST
Lot Number: LOTS L) 2 AND 3
s L; L; d 1 -is�, 1' o n 0& cablel- LE VET. COILTRT
A
P 'ect size" F-71 LESS than one acre
r0i 2300 SQ FT GREATER or equal to one acre
(Land Disturbance) $10.00 $45.00
at a of Construction
C hcck ilic ;,Jpprcipritatc or prok-L'Ulc a 1_sr -ic-f de-r,.-,C-T1pt1on that intdicatt,_ls i1fle -g-icil"CER a 1 11 4LU4: 01 the
constriction activities. USinale Fami1v Residential Lj Multi -Fa mFjtjt'j_
ly Residential I 1tv
[ ] Conmierciali1ndu-strial MHIP-hi y road MOther (de-,,cribe)
Description of rmoi)osed work.
INSTALL ASPHALT ON DRIVEWAY
APPROXIMATE RLY 14'WIDE AND 115'LONG
PAVE SIDWALK 5'WIDE BY 100 FEET LONG
SWM Permit Applic,-,mon
19
Page I of 2
Pt-111l't Nuwl)el-
Date Subs filed
Final Stibilizatiou Date
kat) Pr Ject Schedule
01
Start Date: OCT 20, 2008 ion Date: NOV. 10, 2008 Final Stabilization Date- NOV. 10, 2008
(5) Waterbodies and Storm Conveyance Systems
iact
(a) I.Jist Wati.-2,rino dies within 200' of pr
Streams: NONE Lakes: NONE
Wetlands: NONE Rivers: NONE
Slouahs: 'NONE other: �NONE
7
(b) List Storm (:onvevance Systems within 100' of Project
Ditches: NONE Sw,-,iles: NONE
Detention Facilities: NONE Storm Drau'l Inlets: UNKNOWN
Pipe Inlets, Outlets: NONE Gutter- GUT-fER ALONG 4TH AVE WEST
(6) Acknowledgement Certificate-,
C070- fliat I ain the Chi-ner or Oivner's aurhori:ed ngent. .If acti)T as an adurhori:ed ogenr, .fin-ther cerwi- Thar om 011r11011J:ed to act as
1he Owners agenr regarding the property err rile �71kn iced address _for- t1te pitqwsw ofiihng applications decisions, per;nits or
I v,� Jel A - I I I Ider the C *in - o f Ka i s�pv 11 Ordin om, e 1600 and hm -e li d I zxn I -el- Land an Hi ori h, to to ve )-potih—d
00;711 oil bel�off o0he Oltwe.
enable rice On- rop-ocess evil rm,-iew vich opphcarions
J rei-46- rhwv the h1forwation on this appikation PV tnie and correu and vnders�t(md their I sholl not wart this project unfif this application -S
ap proved. 1.0w1i C0111ph. Iviril the 'aivs of the Srate qjlfontann an 'Hie ordinances qj'rhe Orr qj'Kalispefl.
9/26108
. . . . . . . . . . . . . . .....
S120ulture of Legally Responsible Pei�-s ( Sabi atssion 11111st 111d, original signature) Date Simied
TRACY GARDNER OWNER
Name (pninted) Fitle
"For Official Use Onlv**
LESS than one acre
. ...........
Received
. ty
CI
I
By
Date
1%MP Checklist
Yes
No
'Tield Visit
SMP Plan
Yes
No
A22roval_ J
SMP Map
Payment-- S 10. 00
yes
Yes
NI(.)
No
(701nments:
GREATER or equai to one acre
Received
MT Stormwatet, Discharge Permit (N01)
Yes
N (a
SWPPP
Site M-eiL)_-hiowlnv_ BMPs
Yes
yes
No
No
MT Stoiiiiwater Discharze Permit (NOT)
SAP Clieck-list
Yes
Yes
No
N,-o
SMP Plan
yes
No
'--;N4-AP M,,an
Pavinent-$45. 00
yes
yes
No
No
New construction subject to impact fees
Yes
No
SW,\4 Perri -nit Applicatioll
Plage 2 of 2
September 22, 2008
Tracy Gardner
PO Box 2854
Kalispell, MT 59903
Re: Legends Court
The following improvements shall be completed by the developer at the Legends Court
development located at 1224 Fourth Avenue Nest.
Parks Department Requirements:
Three (3) trees approved by the Parks Department shall be installed in the boulevard.
The boulevard area shall be landscaped with grass.
Public Works De went Requirements:
A five (5) foot wide sidewalk shall be installed along and parallel the west boundary of the
granted ten (10) foot easement the entire length of the Legends Court development.
These improvements shall be installed and accepted by the City of Kalispell prior to the City
issuing fmal approval of the development.
Sincerely
Fred vodny
Kalispell Public Works
201 1" Avenue .Fast, A 0. Box I997, Kalispell, MT 59903 -.Ph one (406) 758 7720 — Fax (06) 755-7831
www.kalispell.com
W,
r2P.
ISVA 3 AV HI t.
TRACY GARDNER
P.O. Box 2854
Kalispell, MT 59903
(406) 253--9053
October 1, 2008
Nicole Johnson, Planner II
City of Kalispell Planning Department
201 First Avenue East
Kalispell, MT 59901
RE: Paving the Parking Area for Lot 3, Legends Court Subdivision
Dear Nicole:
This letter is to serve as a commitment to pave the driveway and two parking spaces that will
serve the existing house on Lot 3, Legends Court Subdivision at the same time that the shared
driveway is paved. We anticipate the paving for these items to be completed prior to this winter
with a target date for completion by November 15, ? 00 S.
Please let me know if you need any additional information.
Sincerely,
4"
Tracy G rdner
Owner
LEGENDS COURT SUBDIVISION
ACCESS MAINTENANCE AGREEMENT
THIS AGREEMENT for the maintenance and repair of the private access and utility
easement (hereinafter referred to as the "ACCESS"), to be built initially by Tracy Gardner
(hereinafter referred to as "DEVELOPER") as access to all lots in Legends Court Subdivision,
(Lots 1 through 3) (hereinafter referred to as the "PROPERTY") the plat of which is found in the
Flathead County Clerk and Recorders Office, is for the benefit of PROPERTY lot owners
(hereinafter referred to as "LOT OWNERS") who will use the ACCESS. The ACCESS is
generally placed on a shared access and utility easement and includes the driveway and private
utility improvements.
WI-EREAS, it is desired that the ACCESS be maintained in a safe and usable condition
by the LOT OWNERS; and, WHEREAS, it is desired hereto to establish a method for the
maintenance and repair of the ACCESS and for the apportionment of the expense of such
maintenance and repair among existing and future LOT OWNERS; and WHEREAS, it is the
intention that this Agreement constitute a covenant running with the land, binding upon each
successive LOT OWNER of all or any portion of the PROPERTY.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
The PROPERTY is benefited by this Agreement, and present and successive LOT
OWNERS of all or any portion of the PROPERTY are expressly bound hereby for the benefit of
the land.
The cost and expense of maintaining the ACCESS shall be divided equally among the
lots created in the subdivision and paid by the LOT OWNER or the heirs, assigns and successors
in interest of each such owner.
The repairs and maintenance to be performed under this Agreement shall be limited to the
following, unless the consent for additional work is agreed to by a majority vote of the LOT
OWNERS owning 100% of the number of lots, excluding lots owned by DEVELOPER as
described in paragraph 2 above: reasonable and normal road improvement and maintenance
work to adequately maintain said ACCESS and related drainage facilities to permit all weather
access. Repairs and maintenance under this Agreement shall include, but is not limited to, filling
of potholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining
drainage structures, utilities improvements, signs, markers, striping and lighting, if any, and other
work reasonably necessary or proper to repair and preserve the easement improvements.
Individual Lot Owners are to keep the easements on their property up to and including the
roadway drainage ditches, free of greeds and debris.
Any repair required to correct damage to said ACCESS that results from action taken by
or contracted for by LOT OWNERS or their successors in interest shall be paid for by the party
taking action or party contracting for work which caused the necessity for the repair. The repair
shall be such as to restore the ROAD to the condition existing prior to said damage within sixty
(60) days.
It is agreed that DEVELOPER is initially the agent to contract and oversee and do all acts
necessary to accomplish the repairs and maintenance required and/or authorized under this
Agreement. The DEVELOPER.. may relinquish this responsibility at any time, but once the
DEVELOPER owns less than thirty percent (30%) of the lots, or no later than January 1, 2012,
whichever is earlier, the DEVELOPER. will no longer be the agent and the LOT OWNERS must
elect a new agent from among the other existing LOT OWNERS. Repair and maintenance work
on the ACCESS shall be commenced when a majority of the LOT OWNERS agree in writing
that such work is needed. The agent shall obtain three bids from licensed contractors and shall
accept the lowest of said three bids. The agent shall be paid for all costs incurred, including a
reasonable compensation for the agent's services, and such costs shall be added to and paid as a
part of the repair and maintenance cost; provided, however, that compensation for the agent's
services shall in no event exceed an amount equivalent to 10% of the actual cost of repairs and
maintenance performed. The agent shall notify the parties of the funds required and each party
shall within forty --five (4-5) days pay the agent, who shall maintain a trustee account and also
maintain accurate accounting records which are to be available for inspection by any Lot Owner
or authorized agent upon reasonable request. All such records shall be retained by the agent for a
period of five years. when adequate funds are available in the trustee account, the agent shall
then initiate the work.
Should any LOT OWNER fail to pay the pro rata share of costs and expenses as provided
in this Agreement, then the agent or any LOT OWNER or OWNERS shall be entitled without
further notice to institute legal action for the collection of funds advanced on behalf of such LOT
OWNER, and shall be entitled to recover in such action in addition to the funds advanced,
interest thereon at the current prime rate of interest, until paid, all costs and disbursements of
such action, including such sung or sums as the Court may fix as and for a reasonable attorney's
fees.
Any liability of the LOT OWNERS for personal injury to the agent hereunder, or to any
worker employed to make repairs or provide maintenance under this Agreement, or to third
persons, as well as any liability of the LOT OWNERS for damage to the property of agent, or
any such worker, or of any third persons, as a result of or arising out of repairs and maintenance
under this Agreement, shall be borne, as between the LOT OWNERS in the same percentages as
they bear the costs and expenses of such repairs and maintenance. Each LOT OWNER shall be
responsible for and maintain his own insurance, if any. By this Agreement, the parties do not
intend to provide for the sharing of liability with respect to personal injury or property damage
other than that attributable to the repairs and maintenance undertaken under this Agreement.
Each of the LOT OWNERS agrees to indemnify the others from any and all liability for injury to
hint or damage to his property when such injury or damage results from, arises out of, or is
attributable to any maintenance or repairs undertaken pursuant to this Agreement.
The foregoing covenants shall run with the land and shall be deemed to be for the benefit
of the land of each of the LOT OWNERS and each and every person who shall at anytime own
all or any portion of the property referred to herein.
It is understood and agreed that the covenants herein contained shall be binding on the
heirs, executors, administrators, successors, and assigns of each of the LOT OWNERS.
It is the purpose of the signators hereto that this Instrument be recorded to the end and
intent that the obligation hereby created shall be and constitute a covenant running with the land
until such time as the ACCESS shah be dedicated to, and accepted for use as a public road by a
government entity, and any subsequent Purchaser of all or any portion thereof, by acceptance of
delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to
and become bound by these presents, including without limitation, the right of any person
entitled to enforce the terms of this Agreement to institute legal action as provided in paragraph 8
thereof, such remedy to be cumulative and in addition to other remedies provided in this
Agreement and to all other remedies at law or in equity.
The terms of this Agreement may be amended only by the DEVELOPER within the first
ten (10) years of its recorded date or when DEVELOPER no longer owns any of the lots,
whichever comes first; and thereafter, only upon written approval of sixty percent (60%) of the
LOT OWNERS.
This Agreement shall be governed by the laws of the State of Montana. In the event that
any of the provisions of this Agreement are held to be unenforceable or invalid by any court of
competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be
affected thereby.
Owner of Legends Court Subdivision:
Tracy Gardner
�.- . _... _.............
B
STATE OF 'qr[4,cVL)
ss
County of �, )
c� This instent was acknowledged before me on the � 3 day of:5N4—vy�pe r , 20�, by
CA ��
R
sv
,�tI,
° �, Lary Public or the tate of-
e14
Y� � ~��Rell
Y�:.. S
_ �A
(Print or type name of Totary)
(SEAL)P`. z� r. Residing at
i M5 My commission expires 20 ( J
3
CONSENT To PLATTING
Pursuant to Section 76-3 -612, MCA, the undersigned, THREEE RIVERS BANK OF
MONTANA, Beneficiaries as recorded April 30, 2008 as Instrument No. 2008-00011855, Flathead
County, Montana, hereby consent to platting and dedication of land included in the plat of
T EGEIDS COURT.
IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on
this. day of , 2 0 0 .
Three Rivers Bank of Montana
Title: J//"
STATE OF MONTANA )
ss.
County of Flathead )
Thi 'nstrument was acknowledged before me on i , 200�,
by ���. `� �, of Three Rivers Bank of Montana.
a
vd&lllimu_�
Printed N 'v rp,,e ,r
Notary Public for the §tate of
Residing at (';f
N;i �,��,A KELLY HARP' Commission expires
� Notary Public For The
� NOTARIAL -.P State Of Montana
� SFAS. Residing at Kalispell
My C � m ��sions Expires
Subdivision Guarantee
Form 110-1282 (Rev. 3/31/04)
Issued by
Guarantee No.: 271433-CT
FilostAmerl"can Title Company
704 South Main/P.O. Box 1310/ Kalispe, //, M T 59901
Title Officer: Ted Gigrich
Phone: (406)752-5388
FAX: (406)752-9617
Form No. 110-1282 (Rev 3/31/04)
1100041P129500
Subdivision Guarantee
Form 10--1282 (Rev. 3f 31/04)
Form 1349
CLTA Guarantee Face Page
(Revised 12/15/95)
Guarantee No.: 271433-CT
First American Tit/e Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE,
First American Title .Insurance Company
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule A. which the Assured shall sustain by reason of any incorrectness in the assurances set forth
in Schedule A.
First American Title Company
POW
AUTHORIZED SIGNATORY
Subdivision Guarantee
Form 110 W 1282 ( Rev. 3/31/04)
Guarantee No.: 271433-CT
SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE
Order No.: 271433-CT
Guarantee No.: 271433-CT
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 AMERICAN 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 $5,000.00.
THAT according to those public records which, under the recording laws of the State of Montana, impart
constructive notice of matters affecting the title to the lands described on the attached legal description:
THAT PORTION OF THE SOUTHWEST'/4 DF THE SOUTHEAST'/4, SECTION 18, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2 AS SHOWN ON CERTIFICATE OF
SURVEY NO. 13391, WHICH IS ON THE WEST LINE OF 4th AVENUE WEST; THENCE ALONG
THE WEST LINE OF 4th AVENUE WEST, SOUTH 00014101" WEST 123.10 FEET; THENCE
SOUTH 87051'10" WEST 167.58 FEET; THENCE NORTH 00016'53" EAST 123.27 FEET; THENCE
NORTH 87054'32" EAST 167.47 FEET TO THE POINT OF BEGINNING.
The above described tract of land is to be known and designated as LEGENDS COURT
SUBDIVISION.
(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:
Tracy A. Gardner, as Owner
Three Rivers Bank, as Lender
(B) Parties holding liens or encumbrances on the title to said lands are:
Subdivision Guarantee
Form 110-1282 (Rev. 3/31/04)
Guarantee No.: 271433-CT
1. 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 taxes 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 $897.55 $897.53 75--0389500
paid paid
2. deed of Trust dated April 30, 2008, to secure an original indebtedness of $146,385.54, and any
other amounts and/or obligations secured thereby
Recorded: April 30, 2008, as Instrument No. 2008-00011855
Grantor: Tracy A. Gardner
Trustee: First American Title Company
Beneficiary: Three Rivers Bank --Meridian Location
Affects premises and other property
(C) Easements, claims of easements and restriction agreements of record are:
3. Easement granted to The Montana Power Company, recorded July 30, 1962 in Book 447 of
Misc.,. Page 435.
4. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed on the pending platof said subdivision, 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).
5. County road rights -of -way not recorded and indexed as a conveyance of record in the office of
the Clerk and Recorder to Title 70, Chapter 21, M.C.A., including, but not limited to any right of
the Public and the County of Flathead to use and occupy those certain roads and trails as
depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead
County.
Date of Guarantee: September 03, 2008 at 7:30 A.M.
FIRST AMERICAN TITLE COMPANY
STATE OF Iv[oncaua
Ss.
COUNTY OF Flathead
Oil before me a Notary
public, personally appeared l�—~� ��� � c��--�-�.i f -�
known to me to be the Authorized Signatory
of the Corporatio-11.
5ignaiur� of Notarial Officer
Notary Public .or the State of Montana
-
Residing at: 7�Ak
Commission Expires:C�� -��,��'t
STEPHANIE L. DILL
NOTARY PUBLIC for the
State of Montana
Residing at Kalispell, Montana
M OMMISS10 Tres
Subdivision Guarantee
Form 110-1282 (Rev. 3/31/04)
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
Guarantee No.: 271433-CT
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 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), (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, (1) which are created, suffered, assumed or agreed to by
one or more of the Assureds; (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 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 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 Guarantee 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 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 loss 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 4(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 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 nr 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.
5. 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 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 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 parry, 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
Form 110-1282 (Rev. 3/31/04)
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 everiL after nutice or
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 2;
(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.
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 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 litigatiun by the Company ur with Lhe Cu111pa11yS 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.
Guarantee No.: 271433-CT
(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 Loss.
(a) No payment shall be made without producing this Guarantee for endorsement
of the payment unless the Guarantee has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the 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 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 Assured 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 pursuant to the Title Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out of or relating to this
Guarantee, any service of the Company in connection with its issuance or the breach
of a Guarantee provision or other obligation. All arbitrable matters when the Amount
of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company
or the Assured. All arbitrable matters when the amount of liability is in excess of
$1,000,000 shall be arbitrated only when agreed to by both the Company and the
Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties.
The award may include attorneys' fees only if the law; 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 Rules 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 Sent.
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, CA. 97707.
Form No. 1282 (Rev. 12/15/95)
Subdivision Guarantee
Form 110-1282 (Rev. 3/31/04)
First American Title Company
704 South Main/P.O. Box 1310, Kalispell, MT 59901
Phone (406)752-5388 - Fax (406)752-9617
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
Guarantee No.: 271433-CT
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 how 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 Values, a copy of which can be found on our website at www.firstam.com.
Types 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 tcicphonc or any othcr 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 (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
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 American's Fair Information Values We currently maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
@ 2001 The First American Corporation * All Rights Reserved
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MUNICIPAL T+'ACIm'I'IES EXCLUSION CI3EC S'I'
{Formerly Master Plan Exclusion}
Below please find the information required under §76-4-12, MCA,., regarding a municipal facilities
exclusion for this subdivision within a growth policy area or first-class or second-class municipality. Use
of this checklist is only appropriate when the municipality is providing the water and sewer main service
and when the municipality engineering staff is reviewing the plans and specifications prior to approval.
I . Name of subdivision: Legends Court Subdivision
2. Applicant: Tracy Gardner
P.O. Box 2854, Kalispell MT 59903
3. Consultant: Narda, Wilson, Land Use Planning and Consulting
184 Afidway Drive, Columbia Falls, MT 59912
4. Copy of the preliminary or final plat: Attached 0 Number of parcels Mn the subdivision: 3
5. A copy of any applicable zoning ordinances in effect.- Attached 2 Not applicable El
6. How construction of the sewage disposal and water supply systems or extensions will be financed
(method of financing) privately by owner/developer
7. Certification that the subdivision is.- (Check one)
El Within a jurisdictional. area that has adopted a growth policy
Within a first-class municipality
El Within a second-class municipality
8. Copy of growth policy: Attached ❑ On file 0 Not applicable El
9. Location of the subdivision to the city or town, vicinity map attached: Yes E No ❑
10. Will the owner of the municipal facilities own, operate, and maintain the water supply, sewage
disposal, solid waste, and storm water facilities? Yes Z No [:]
11. All water and sewer mains or extensions as defined in §76-4-102, MCA, (a main or extension is
any tine that serves more than one building or living unit) will be under the control and
maintenance of the certifying municipality? Yes Z No ❑
12. Will the existing water main(s) need to be extended to serve the subdivision? Yes No X
13. Will the existing sewer main(s) need to be extended to serve the subdivisions Yes No X
14. Exclusion Checklist review fee ($75) included: Yes E Na ❑
15. I certify that adequate municipal facilities for the supply of water and disposal of sewage and
solid waste are available or will be provided within one (1) year after notice of certification is
issued, and I certify that the governing body has reviewed and approved plans to ensure adequate
storm water drainage. I further certify that I am authorized to sign this form on behalf of the
governing body.
Signature
Frank Castles p.E., Departnnent of Public works
City of Kalispell
201 First Avenue East
Kalispell, MT 59901 406-758-7720
`lease sign and send with the 75 r-e ew fee to:
MONTA NA. DEPARTMENT of ENvmO A.L QUALITY
SumrwsioN RFvmw SEcnoN. PERNMTRqG & COWLIANCE DIVISION
Po Box 200901
HELENA MT 5 9620
September ?9, 2408
Narda Wilson
Land Use Planning & Consulting
184 Midway Dr
Columbia Falls MT 59912
Dear Nis Wilson. -
RE: Legends Court Subdivision
Municipal Facilities Exclusion
EQ#09- t 443
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 f 76-4-111 (3), MCAJ . 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,
6 Janet Skaarland
Compliance Specialist
Subdivision Section
(406) 444-1801 — email ��i it � id'L )r n.� .�;ov
cc: City Engineer
County Sanitarian
f le
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Enforcement Division a Permitting & Compliance Division • Planning, Prevention & Assistance Division o Remediation Division
ow-NERV Plat of
FOR TRA. Y A. GARDNER
JUB33W'ON LEGENDS COURT SUBDIVISION
DAT7: AVUST, 2 K 200S SWIM of dw SE114, SL-ctiuri 78, T28N R27W, P.M., M.
Flathead County, Montana
T FOUND 3J4- P1 PF WT H 8 FLAS5 TAC, NIARKED 'E5 2989'
o F4a'j.�D 5/2- RE BAR WITH ALU- NUM CAP MARKE D 'E@ v S' W E 5'
0 FOLJ:D 518' REBA R %"-, F PLA94C CAP PAAREED -HAZE S 25205'
r, — IW 6 1 24 - R E. - .11. 1 IL IMC C-1 —K-E D Y,
�arquardt & . M _ arauardt - - - - - - - - - - - - - - - -