02. Final Plat - Fox Trotter Meadows Phase 1REPORT TO.
FROBED
SUBJECT
MEETING DATE:
City of Kalispell
Planning Department
17 - 20d Street East, Suite 211., Kalispell, Montana 59901
Telephone: (6) 751-1850
Fax: (406) 751-1858
website: kalispellplanning_corn
Kalispell Mayor and City Council
Sean Conrad, Senior Planner
James H. Patrick, City Manager
Final Plat for Fox Trotter Meadows Phase 1
September 4, 2007
BACKGROUND. This is a request for final plat approval of Fox Trotter Meadows
Phase 1, a one lot residential subdivision located on approximately 1 acre. The
property is located on the west side of Stillwater Road approximately 600 feet north of
the intersection of Stillwater Road and Parkridge Drive. The property has an existing
house on it addressed as 250 Stillwater Road. This is the first phase of a two-phase
subdivision that ultimately plats 24 residential lots on approximately 11.2 acres. The
property was annexed into the city of Kalispell as part of the preliminary plat review
process and given are initial zoning designation of R-2, Single Family Residential, in
March of 2007.
The Fox Trotter Subdivision was given preliminary plat approval by the Kalispell City
Council on March 5, 2007 subject to 24 conditions.
A Subdivision Improvements Agreement in the amount of $7,749.70 has been
submitted to secure completion of a bike and pedestrian path along Stillwater Road
and to temporarily cover the parkland requirements for this first phase. The letter of
credit addresses 125% of the estimated cost of remaining improvements. The
estimated completion date is November 8, 2008.
RECGMMENDATION: A motion to accept the Subdivision Improvements Agreement
and approve the final plat for Fox Trotter Meadows Phase 1 would be in order.
FISCAL EFFECTS.# Potential minor positive impacts once developed.
ALTERNATIVES: As suggested by the City Council.
Final Plat for Fox Trotter Meadows Phase 1
August 28, 2007
Page 2
Respectfully submitted,
Sean Conrad 'ames H. Patrick
Senior Planner City Manager
Report compiled: August 28, 2007
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 , 20, by and
between the CITY COUNCIL, CITY OF K_ALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and FESN,_LLC, (Name of Developer)
a Limited Liabilijy Corporation
(Individual, Company or Corporation)
located at 690 N Meridian Suite 103 I alis ell MT 59901,
(Street Address/P. O. 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 known as
Fox Trotter Meadows, Phase 1 (Name of Subdivision)
located at 250 Stillwater Road Kalispell, Montana (Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of Fox Trotter Meadows, upon the
conditions as set forth (Name of Subdivision) 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 shall provide a financial
security of 125% of the estimated total cost of construction of said improvements as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of $2581.20.
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
L 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 7749.70. 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 $7749.70 the estimated cost of completing
the required improvements in Fox Trotter Meadows.
(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 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 November S�„ 200
8.
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 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 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.
Fox Trotter eadows
(Naine of Su divisio e e per/Firm)
by
it e)
STATE OF MO TANA
COUNTY OF
On this day of , 20 0 7 , before me, a Notary Public for the State
of Montana, personally appe ed ICIM& . W , , known to me to be the
&�'D 4;�* A-ki-0 � , .� of L7_SVV L.r 1_C__ , whose name is subscribed to
the foregoing instrument and 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.
Notary Public for the State of Montana
Printed Name /)--I I" G�-(,
Residing at
My Commission Expires --
MAYOR, CITY OF KALISPELL
ATTEST:
CITY CLERK
Nu�r Plp�p,�,
,rUAL �r Re�p�tl4iP�Il1�E
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction completion date and
estimated construction costs.
CHECK. CONSTRUCTION ESTIMATED PERCENTAGE
APPROPRIATE COMPLETION CONSTRUCTION COMPLETE
IMPROVEMENTS DATE COSTS
Street Grading/Paving
Street Base
Sidewalks November 20* $2581.20
(1 Oft x 64.53 x $4.00)
Curbs and Gutters
Sanitary Sewers
Mains
Other
On -Site Sewage
Facilities
Water Systems
Mains
Other
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
Other( x ) Parkland (not subject to 125%) $4523.20
0%
SUBTOTAL
FEES
TOTALS COSTS $7104.40
TOTAL COLLATERAL (TOTALS COSTS X 125%) $7749.70
GLACIER
2 LN BANK
P. 0. Sox 27 Phone # (4€ 6) 756-4299
202 plain Street Kalispell, NIT 59903 Fax # (406) 758-4380
IRREVOCABLE LETTER OF CREDIT
Letter of Credit No. 107323
Dated: July 31, 2007
Expiration Date: February S 2009
Amount: $7,749.70
City of Kalispell
Po Box 1997
Kalispell, MT 59901
We hereby establish in your favor an irrevocable Letter of Credit up to the aggregate amount of $7,749.70 at the
request of FESN, LLB`.
If FESN, LLC fails to complete the specified improvements in Fox Trotter Meadows for bile path
improvements within the time period set forth in the attached Improvements Agreement, we ,will pay on
demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said
improvements. All drafts must indicate the number and date of this Letter of Credit and be accompanied by a
signed statement of an authorized official that the amount is drawn to install improvements not installed in
conformance with the Improvements Agreement and specifying the default or defect in question.
All drafts must be presented prior to the expiration date stated above, and this Letter of Credit must accompany
the final draft for payment.
This Letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or
written release.
This Letter of Credit is subject to the Uniform Customs and Practices for Documentary Credits (2007 Revision),
International Chamber of Commerce Publication No. 600.
GLACIER BANK
Dennis S. Beams
Executive Vice President/Chief Credit Officer
■■ebsiter www.glacierbank.com er r glacier@glac*lerbank.com
MEMBER FDIC AN EQUAL OPPORTUNITY .ENDER
Return to: 2007129
Theresa White
Kalispell City Clerk
PO Box 1997 C ,
Kalispell, MT 59903
Q RESOLUTION NO. 5183
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS TRACT 2 O
CERTIFICATE of SURVEY 7084 AND A PORTION OF PARCEL A OF CERTIFICATE
OF SURVEY 15697, AND AS MORE PARTICULARLY DESCRIBED ON EDIT "A" IN
SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, TO BE KNOWN AS FOX TROTTER ADDITION NO.389; TO ZONE SAID
PROPERTY IN ACCORDANCE WITH THE RALISPELL ZONING- ORDINANCE, AND
TO DECLARE AN EFFECTIVE DATE.
o WHEREAS, the City of Kalispell has received a petition from FESN, LLC, the owners of property
Ly located at the northwest corner of the intersection of Stillwater Road and Parkridge
CL
Drive, requesting that the City of Kalispell annex the territory into the City, and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA--06w 14, dated November 15, 2006, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission reconu-nended that the
territory be Zoned City R-2, Single Family Residential, on approximately l I acres
upon annexation into the City of Kalispell, and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY of
KALIS PELL AS FOLLOWS:
SECTION I. That all the real property as described above and on Exhibit "A" be
annexed to the City of Kalispell and the boundary of the City is
altered to so provide, and shall be known as Fox. Trotter Addition No.
389.
2o0*7:1291 I 55 D
SECTION II. Upon the effective date of this Resolution, the City Clerk is directed
to make and certify under the seal of the City, a copy of the record of
these proceedings as are entered on the minutes of the City Council
and file said documents with the Flathead County Clerk and
Recorder.
From and after the date of filing of said documents as prepared by the
City Clerk, or on the effective date hereof, whichever shall occur
later, said annexed territory is part of the City of Kalispell and its
citizens and property shall be subject to all debts, laws and ordinances
and regulations in force in the City of Kalispell and shall be entitled
to the same privileges and benefits as are other parts of the City.
SECTION III. The territory annexed by this Resolution shall be zoned in accordance
with the Kalispell zoning Ordinance.
SECTION W. This Resolution shall be effective immediately upon passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR. of THE
CITY of KAT ISPELL., THIS 5TH DAY of MARCH, .
ATTEST:
Theresa White
City Clerk
�oo�i29115'�
Exhibit A
Fox Trotter Meadows
Annexation and Initial zoning
Legal Description
Three tracts of land in the South Half of the Southeast Quarter of the Northeast
Quarter of Section 2, Township 28 North,, Range 22 West, P.M.M., Flathead
County,, Montana, described as follows. -
Tract 2 of Certificate of Survey No. 7084, further described as
Commencing at the East Quarter corner of said Section 2; thence North
000'38'45" East,, on an along the East boundary of said Northeast Quarter., a
distance of 30.00 feet to the True Point of Be9P-1rming; thence North 00°
3 8' 45" East continuing on and along said East boundary of the Northeast
Quarter, a distance of 631.88 feet; thence South 89'43'32" West, on and
along the North boundary of said South Half of the Southeast Quarter of the
Northeast Quarter, a distance of 689.85 feet' thence South 00'38"45" West,
a distance of 632.00 feet; thence North 89'42'57" East, a distance of 689.85
feet to the True Point of Beginning.
A portion of Certificate of Survey No. 15697, filfther described as
Commencing at the Northwest comer of the Northeast Quarter of Section 2,
Township 28 North,, Range 22 West, P.M.M., Flathead County, Montana...
thence N89°57'50" East a distance of 200.00 feet to the Point of Beginning;
thence South 00°26'06" West a distance of 330 feet, thence North
89°57'50" East a distance of 118.76 feet, thence North 00°26'26" East a
distance of 330 feet, and thence South 89°57'5 0" West a distance of 118.7.E
feet to the Point of Beginning.
City of Kalispell
Planning Department
17 - 2" Street East, suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Wehsite: kalispellplanning.cam
August 28, 2007
James H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Fox Trotter Meadows Phase 1
Dear Jim:
This is a request for final plat approval of Fox Trotter Meadows Phase 1, a one lot
residential subdivision located on approximately 1 acre. The property is located on
the west side of Stillwater Road approximately 600 feet north of the intersection of
Stillwater Road and Parkridge Drive. The property has an existing house on it
addressed as 250 Stillwater Road. This is the first phase of a two-phase subdivision
that ultimately plats 24 residential lots on approximately 11.2 acres. The property
was annexed into the city of Kalispell as part of the preliminary plat review process
and given an initial zoning designation of R-2 , Single Family Residential, in March of
2007.
The Fox Trotter Subdivision was given preliminary plat approval by the Kalispell City
Council on March 51 2007 subject to 24 conditions.
A Subdivision Improvements Agreement in the amount of $7,749.70 has been
submitted to secure completion of a bike and pedestrian path along Stillwater Road
and to temporarily cover the parkland requirements for this first phase. The letter of
credit addresses 12 5% of the estimated cost of remaining improvements. The
estimated completion date is November 8, 2008.
The preliminary plat was approved with conditions as outlined below. The following is
a discussion of compliance with each of these conditions as well as findings of
compliance with the city subdivision regulations and zoning ordinance.
Final. Plat for Fox Trotter Meadows Subdivision Phase 1
August 28, 2007
Page 2
COMPLL46NCE WITH CONDITIONS OF APPROVAL:
Condition 1. That the development of the site shall be in substantial
compliance with the application subr tied, the site plan, materials and
other specifications as well as any additional conditions associated with the
preliminary plat as approved by the city council. (Kalispell Subdivision
Regulations, Appendix C -- Final Plat)
s This condition has been met. The subdivision has been platted in compliance with
the approved preliminary plat.
Condition 2. New infrastructure required to serve the subdivision shall be
designed and constructed in accordance with the City of Kalispell's Standards
for Design. and Construction and Montana Public works Standards; and shall
be certified in writing by an engineer licensed in the State of Montana. All
design work shall be reviewed and approved in writing by the Kalispell Public
Works Department prior to construction. This infrastructure shall include but
not be limited to streets, street lighting, street signage, curb, gutter, 7-foot wide
boulevards and sidewalks. (Kalispell Design and Construction Standards and
Findings of Fact Section D)
• No new infrastructure is required to serve phase 1. New infrastructure will be
installed with the development of phase 2.
Condition 3. water and sewer main extensions shall be designed and
constructed i.n accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards. The water and seater
main extension plans shall be reviewed and approved by the Kalispell Public
Works Department. Prior to final plat, a certification shall be submitted to the
Public Works Department stating that the water and surer mains have been
built as designed and approved. (Kalispell Design and Construction Standards
and Findings of Fact Section D)
• The lot within phase 1 is currently served by an on -site well and septic system.
Water and sewer mains will be installed with the development of phase 2.
Condition 4. The developer shall submit to the Kalispell Public works
Department for review and approval a stormwater report and an engineered
drainage plan that meets the requirements of the current City standards for
design and construction. Prior to final plat, a certification shall be submitted
to the Public Works Department stating that the drainage plan for the
subdivision has been installed as designed and approved. (Kalispell Resign
and Construction Standards and Findings of Fact Section C)
Final Plat for Fox Trotter Meadows subdivision Phase 1
August 28, 2007
Page 3
■ The stormwater report and engineered drainage plan have been approved by the
Public Works Department. The approved plans take into account the stormwater
associated with phase 1. The approved plan will be implemented as part of phase
2.
Condition S. The developer shall submit to the Kalispell Public Works
Department prior to construction an erosion/ sediment control plan for review
and approval and a copy of all documents submitted to Montana Department
of Environmental Quality for the General Permit for Stormwater Discharge
Associated with Construction. Activities.
■ No new construction is needed for phase 1. The erosion / sediment control plan
will be required as part of the final plat for phase 2.
Condition 5. A letter from the Kalispell Public Works Department shall be
submitted stating that all new infrastructure has been accepted by the City of
Kalispell or a proper bond has been accepted for unfinished work. (Kalispell
Design and Construction Standards)
■ No new infrastructure is needed as part of phase 1.
Condition 7. The developer shall contact the Flathead County Road
Department for a road approach permit onto Stillwater Road. If any
improvements are necessary at the intersection of Stillwater Road and Fox
Trotter Lane, these improvements shall be completed to the satisfaction of the
Flathead County Road Department prior to final plat and the Flathead. County
Road Department shall so certify this in writing to the city. (Findings of Fact
Section D)
■ There is an existing driveway approach on lot 1 onto Stillwater Road. As part of
phase 2 the developers will need to obtain an approach permit for the roadway
serving phase 2.
Condition S. The following requirements shall be met per the Kalispell Fire
Department and so certified in writing by the Fire Department: (Kalispell
Subdivision Regulations, Section 3.20) .
a. Water mains designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Minimum fire flows shall be in
accordance with International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International
Fire Code (2003) Chapter 5.
Final Plat for Fox Trotter Meadows Subdivision Phase 1
August 28, 2007
Page 4
d. It shall be noted on the face of the plat that hazardous weed abatement
shall be provided in accordance with City of Kalispell Ordinance 1 o-S.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the
road as a fire lane.
• No new infrastructure is required as part of phase 1. Fire hydrants and roads
meeting city standards will be installed as part of the phase 2.
Condition 9 The parkland for the subdivision shall be located along Four Mile
Drive on a Parcel A of Certificate of Survey 15697. The park area shall be a
minimum of 34,470 square feet and shall be dedicated to the City of Kalispell.
(Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section
D)
* This condition is met. The developer has included an SIA to temporarily cover the
equivalent parkland requirement as a cash in lieu payment for phase 1. once
phase 2 is submitted for final plat the 34,470 square feet of parkland will be
dedicated to the city. The Parks and Recreation Department has reviewed and
approved the parkland amount included in the SIA.
Condition 10 The developer shall provide a temporary 20-foot wide access
easement across lot 10 and Parcel A of Certificate of Survey 15697 in order for
residents of Fox "trotter Meadows to access the parkland. site. (Findings of Fact
Section D)
• This will be completed as part of phase 2.
Condition 11 The 10-foot easement shown on the preliminary plat adjacent to
Stillwater Road shall be dedicated to the public to increase the road right-of-
way along Stillwater Road. Within the easement a paved bike and pedestrian
trail, 10-feet wide and complying with AASHTO standards for bike and
pedestrian trails, shall be constructed. These improvements shall be
coordinated with the Kalispell Public Works Department, Parks and Recreation
Department, and the Flathead County Road Department. (Findings of Fact
Section D)
• This condition is met. The additional right-of-way is shown on the final plat. The
developer has submitted an SIA to cover the cost for installing the approximately
65 lineal feet of bike and pedestrian trial needed in phase 1.
Condition 12 A homeowners association shall be created for the maintenance
and upkeep of the bike path along Stillwater Road serving the subdivision until
such time as a public agency takes over maintenance of the bike path and the
Final Plat for Fox Trotter Meadows Subdivision Phase 1
August 28, 2007
Page 5
City of Kalispell takes over maintenance of the park. (Findings of Fact Section
D)
The homeowners association will be created as part of phase 2 at which time lot 1
of phase 1 will be included in the homeowners association.
Condition 13 The following note shall be placed on the final plat: "Property
owner(s) are responsible for the boulevard strip for the length of their property
boundaries. Responsibilities include watering and mowing of the grass within
the boulevard. Removal of grass or trees within the boulevard is prohibited
unless approved by the Kalispell Department of Parks and Recreation."
This condition is met. The note appears on the face of the final plat.
Condition 14 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." (Findings of Fact Section D)
• This condition is met. The note appears on the face of the final plat.
Condition 15 The road within the subdivision shall be named and signed in
accordance with the policies of the Kalispell Public Works Department and the
Uniform Traffic Control Devices Manual and be subject to review and approval
of the Kalispell Fire Department. A letter shall be obtained from the Kalispell
Public Works Department stating the naming and addressing on the final plat
have been reviewed and approved. (Kalispell Subdivision Regulations, Section
3.09)
• No roads are required to be constructed with phase 1. An internal access road will be
installed as part of phase 2.
Condition 16 All existing and proposed easements shall be indicated on the face of
the final plat. Utility easements for City water and sewer shall be provided to allow
for the logical extension of utilities from this subdivision to adjoining properties. A
letter from the Kalispell Public Works Department shall be obtained stating that
the required easements are being shown on the final plat.
* This condition is met. Easements are shown on the final plat as well as an attached
exhibit A indicating the location of a water and utility easement located on lot 1.
Condition 17 Prior to filing the final plat a letter from the US Postal Service
shall be included stating the Service has reviewed and approved of the design
and location of the mail delivery site. The mail delivery site shall be installed or
Final Plat for Fox Trotter Meadows Subdivision Phase 1
August 28, 2007
Page 6
bonded for prior to final plat. In addition, the mail delivery site and
improvements shall also be included in the preliminary and final engineering
plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision
Regulations, Section 3.22).
The existing house on phase 1 already receives mail from an existing mail box
located along Stillwater Road.
Condition 18 In the event of future subdivisions on lot 1 of phase 1, or at such
time lot 1 of phase 1 connects to city sewer and/or water, access onto
Stillwater Road shall be removed and all future lots or access to the existing
house shall be required to access off of Fox Trotter Loop. (Findings of Fact
Section A)
• This condition becomes effective upon further subdivision of lot 1 of phase 1, or at
such time lot 1 of phase 1 connects to city sewer and / or water.
Condition 19 A note shall be placed on the final plat stating that lots 1 through
5 of Phase 2 shall be prohibited from directly accessing Stillwater Road.
(Kalispell Subdivision Regulations Section 3.09 (C) and Findings of Fact Section
A)
This condition applies to phase 2 only.
Condition 20 Street lighting shall be located within the subdivision and shall
have a full cutoff lens so that it does not intrude unnecessarily onto adjoining
properties. (Kalispell Subdivision Regulations Section 3.09(L)).
• Street lighting is not required as part of this phase.
Condition. 21 All utilities shall be installed underground. (Kalispell Subdivision
Regulations, Section 3.17) .
• No utilities have been installed as part of this phase of the subdivision.
Condition 22 All areas disturbed during development of the subdivision shall be
re -vegetated with a weed -free mix immediately after development.
• No areas have been disturbed as this lot is already developed with access onto
Stillwater Road.
Condition 28 That a minimum of two-thirds of the necessary infrastructure for
this subdivision shall be completed prior to final plat su.brn * ttal.
Final Plat for Fox Trotter Meadows Subdivision Phase 1
August 28, 2007
Page 7
• No new infrastructure was needed as part of this phase.
Condition 24 That preliminary plat approval shall be valid for a period of tree
years from the date of approval. (Kalispell Subdivision Regulations, Section
2.04).
• This condition is met. The final plat for phase 1 has been submitted prior to the
March 5, 2010 deadline.
COMPLIANCE WITH THE SUBDSION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City
Subdivision. Regulations.
COMPLIANCE WITH TIME ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-2 zoning
district over which constitutes the zoning for the property.
RECOMWENDATION
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council approve the final plat for this
subdivision. Please note that the Subdivision Improvements Agreement should be
accepted along with the final plat approval. Please schedule this matter for the
September 4, 2007 regular city council meeting if possible. You may call me at 751 -
1852 if I can be of assistance to you regarding this matter.
Sincerely,
f�
f�.
Sean Conrad
Senior Planner
Attachments: Vicinity map
11 x 17 copy of final plat
1 opaque mylar of final plat
1 reproducible mylar of final plat
1 blueline of final plat
Letter from Big Sky Surveying dated
Final plat application dated 7 / 13 / 07
Final Plat for Fox Trotter Meadows Subdivision Phase 1
August 28, 2007
Page 8
Subdivision Improvements Agreement dated 7 / 31 / 07
Letter of credit from Glacier Bank dated 7 / 31 / 07
Title report dated 7 / 16 / 07
Exhibit A 10' Water and Utility Easement
Treasurer's certification dated 7 / 6 / 07
e: FESN LLC, 690 North Meridian Suite 103, Kalispell, MT 59901
Theresa White, Kalispell City Clerk
BIG SKY SUR VE YING N
222 Goat Trail,
Whitefish, MT. 59937
406 863-9233
City of Kalispell Planning Office w -a
17 2"d Street East,
Suite 211 s�RVEY1Nv
Kalispell, MT. 59901 Tv
Re. Final Plat Application FOX TROTTER MEADOWS - PHASE 1
Attn: Sean Conrad
Submitted for your review is the fallowing information for the Final Plat Application of
FOX TROTTER MEADOWS - PHASE 1, I PP-06-1
Final Plat Application
Title Report
Tax Certification
Final Plat (2 Mylarrs copies., 4 Blue line, 1 11" x 17"1
The conditions upon which the preliminary plat approval was granted to FOX TROTTER. MEADOWS — PHASE I on
February 26, 2007 are outlined below.
fond ition # 1
Has been met. Final plat is in substantial compliance
Canditiol) # 2_Thru 12
v/ Pertain to Fax Trotter Meadows - Phase 2.
canftbon #13
v/ Has been met. A note has been placed,on the Final Plat regarding the responsibilities of the
homeowner with regards to the Boulevard strip.
Condit] n # 14
Has been met. A note has been placed on the Final Plat regarding the Property Owner shall waive their
right to protest an SID.
ndition # 15 Thru 17
r Pertain to Fox Trotter Meadows - Phase 2.
condition # 18
Lot 1 of Fox Trotter Meadows - Phase 1, Upon further subdivision on Lot 1, Public Sewer and Water
will be available and read access will be off of Fax Trotter Loop.
Condition # 19 Thru 23
v Pertain to Fax Trotter Meadows -- Phase 2
ond�tion # 24
✓ Has been met. Preliminary plat approval is valid for three years.
Should questions arise regarding the information provided in this submittal, please do not hesitate to call me at 863-
9233 or Mike Fraser at 253-4326.
Sincerely,
Joseph L. Kauffman, P
BIG SKY Surveying
222 Goat Trail
Whitefish, MT. 59937
863-9233
E
City of Kalispell
Planning Department
17 2`1 Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751- 1850
Fix: (406) 751-1858
FINAL PLAT APPLICATION
Project /Subdivision Name: /X 7r_0 7Zle�r i -` eo�d�;GJ�
Contact Person:
Name: /�i �c �`'r�cS e v-
Address-,/Vey cJi'a.N
Phone No.:
Owner & Mailing Address:
�� 57 0-'*
zz <_
626 16)OVIA AlevjJeew
Jk
SvlPubG l0,3:
Date of Preliminary Plat Approval:
Type of Subdivision: Residential _Industrial Commercial PUD Other
Total Number of Lots in Subdivision 1
Land in Project (acres)
Parkland (acres) Cash -in -Lieu $
No. of Lots by Type. -
Single Family Townhouse
Mobile Home Park
Exempt e�(__
Duplex Apartment Recreational Vehicle Park
Commercial. T Industrial Planned Unit Development
Condominium Multi -Family other
Legal Description of the Property Lo 1_.Z- S — /0�a.se .�
Z_ej;;� oL -le J et �� Y� 571ew, 4��,Oq 2 e
FILING FEE ATTACHED $
Minor Subdivision with approved preliminary plat $400 + $105/lot
Major Subdivision with approved preliminary plat $650 + $105/lot
Subdivisions with Waiver of Preliminary Plat $600 + $105/lot
Subdivision Improvements Agreement $ 50
Attached Not Applicable (MUST CHECK �]NE
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification (Property takes must 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 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
11X17 Copy 11X17 Copy
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a Letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The governing
body must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application and
may invalidate any approval. The signing of this application signifies approval for Kalispell Planning
staff to be present on the property for routine monitoring and inspection during the approval and
development process.
**NOTE: Pease be advised that the County Clerk 86 Recorder requests that all subdivision
final p app cations be accompanied with a digital copy.
O &r(s) Signature Date
**A digital copy of the final. plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -moray
5. A tie to either an existing subdivision corner or a corner of the public land survey system.
I�
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions only
BY: Big Sky Surveying
FOR: FESN LLC DATE : 06/07/2007
DESCP : Fox Trotter Meadows PH 1 (Tr 5a in PURPOSE: 1 lot residential subdivision
2-28-22 )
YEARS
2003 thru 2006
ASSESSOR #
0537240
hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.
Or.r vv
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SUBDIVISION PLA T OF. -
FOX TROTTER NE4DO WS - PHA SE 1
,SE114 NE114, Section 2, T 28 N R 22 WA M., N.
Flathead Count f Montana
rARC� 3
C_O.5. iii78
TRACT 2 [ C.Q.S. 1084
REMAINDER
PHASE 2
LOT 1
.028 Ar-
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3.[rt5 aF (54] so-fta
Subdivision Guarantee
Guarantee No.: 224O53-CT
Issued by
Citizens Title and Escrow Company
704 South Main/P.O. Box 1310, Kalispell M T 59901
Title Officer. Leslie Lane
Phone: (406)752-5388
FAX,• (406)752-9617
Form No. 1282 (Rev 12/15/95)
Subdivision Guarantee
Guarantee No.: 224053-CT
Form 1349
CLTA Guarantee Face Page
(Revised 12/15/95)
First American Tit/e Insurance Company
SUBJECT TO THE EXCLUSIONS FROM OVERAGE, 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.
Citizen's Title and ,Escrow Company
AUTHORIZED SIGNATORY
Subdivision Guarantee
Guarantee No.: 224053-CT
SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE
Order No.: 224053-CT
Guarantee No.: 224053-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:
J & F Construction
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 SE1/4NE1/4 OF SECTION 2, TOWNSHIP 28 NORTH,, RANGE 22 WEST.
PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SE1/4NE1 j4 OF SECTION 2; THENCE
NORTH 00038'45"
EAST AND ALONG THE EASTERLY BOUNDARY OF SAID SE1 j4NE1/4 A
DISTANCE OF 567.53
FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 89044'44"
WEST 198.53 FEET; THENCE
SOUTH 14040'50"
WEST 147.06 FEET; THENCE
NORTH 89043'18"
WEST 138.20 FEET; THENCE
NORTH 00038'52"
EAST 206.52 FEET; THENCE
NORTH 89044'44"
EAST 372.38 FEET TO THE EASTERLY BOUNDARY OF THE SE1/4NE1/4;
THENCE
SOUTH 00038'46"
WEST AND ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 54.35
FEET TO THE POINT OF BEGINNING.
TO BE KNOWN AS FOX TROTTER MEADOWS - PHASE 1.
(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:
FESN, LLC
(B) Parties holding liens or encumbrances on the title to said lands are:
NONE
(C) Easements, claims of easements and restriction agreements of record are:
Subdivision Guarantee Guarantee No.: 224053-CT
1. Any right, title or interest in any minerals, mineral rights, or related matters, including but not
limited to oil, gas, coal, and other hydrocarbons.
2. 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.
3. 2007 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
2006 $1,139.93 $1,139.90 05-0537240 Affects:
(paid) (paid) Premises and
other property
4. Reservation of all water and irrigation rights by Carl F. Grosswiler, et al,
recorded February 2, 1972 in Book 531, Page 891, as Doc. No. 811, records of
Flathead County, Montana.
5. Declared county road (Stillwater Road) along the East boundary as disclosed by available county
maps.
6. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 7084, 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 restriction violate 42 USC 3604 (c).
7. Provisions contained in that Certificate, executed by the State of Montana, Department of Health
and Environmental Services.
8. Grant of Communication Systems Right of Way Easement to alter, replace and
remove such communications systems granted to American Telephone and Telegraph
Company, recorded November 2, 1993, as Doc. No. 93-306-08520, records of
Flathead County, Montana.
9. Petition to Annex and Notice of withdrawal from Rural Fire District, recorded May 9, 2007 as
Instrument No. 2007-129-11560.
10. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed on the proposed platof Fox Trotter Meadows -
Phase If 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).
Date of Guarantee: July 16, 2007 at 7:30 A.M.
Subdivision Guarantee Guarantee No.: 224053-CT
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
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, t1de, 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 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 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
Guarantee No.: 224053-CT
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 Ilenholder, 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 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.
S. 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 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 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 Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract.
(a) This Guarantee together with ail 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. 92707.
Form No. 1282 (Rev. 12/15/95)
Subdivision Guarantee
Guarantee No.: 224053-CT
Citizen's Title and Escrow Company
704 South Main/P.0. Box 1310, Kalispell, MT 59901
Phone(406)752-5388 - Fax(406)752-9617
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 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 obtain from
y obtained o 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 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 indefinite) including the
i � p Y Y� � Y, 9
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 ma also provide all the information we collect as
described above to companies that perform marketing pservices on our behalf, on behalf f our affiliated companies,
p p g pa es, 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.
o 2001 The First American Corporation • All Rights Reserved
CTI.�ENS I-IYLE & ESCROW CO,, INC.
ACKNOlNLEDGENIENT/ CORPORATE
STATE OF Montana )
ss.
COUfd7Y OF Flathead
0 before me a Notary public, personally
appea ed known to me to be
tine of the Corporation.
Signature Notarial Officer
Notaiy public for the State of Montana ����
, T .W qz Shirley MHilton
p�esiding in: �, SEAL Notary Public for
State of Montana
Commission Expires: - - �s►q,l,.�. residing at:
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