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03. Final Plat - Subdivision No 272REPORT TO: FROM: SUBJECT MEETING DATE: City of Kalispell Planning Department 17 - 2' Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1$58 Website: www.kalispelUplanning.com Kalispell Mayor and City Council Nicole C. Johnson, Planner II James H. Patrick, City Manager Final Plat for Subdivision No. 272 September 4, 2007 BACKGROUND: This is a request from Tim and Kay Knoll and Sands Surveying, Inc. for final plat approval of Subdivision No. 272 that plats a single family lot approximately a third of an acre in size. The lot was separated from a piece of tract land where the owner currently resides at 121 Denver Avenue. The property is just south of the existing home on the east side of Denver Avenue between Bluestone Drive and Rimrock Court and can be legally described as Assessors Tract No. 7AACAA, located in Section 19, Township 28 North, Range 21 west, P.M.M. , Flathead County, Montana. The Kalispell City Council approved this subdivision subject to 10 conditions on June 5, 2006. Note that two sublots that would have allowed the construction of a two unit townhouse were initially approved. The developer has since decided to create just one single family lot in the same location as that approved for the two sublots. The change in design was considered to be minor. All of the conditions have been adequately met or otherwise adequately addressed and all improvements have been completed. RECOMMENDATION: A motion to approve the final plat for Subdivision No. 272 would be in order. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, e Nicole C. Johnson James H. Patrick Planner II City Manager Report compiled: August 29, 2007 Attachments: Letter of transmittal Final plat application and supporting documents City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax. {406} 7514858 Website: www.kalispelUplanning.com August 29, 2O07 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Final Plat for Subdivision No. 272 Dear Jim: This is a request for final plat approval of Subdivision No. 272 that plats a single family lot approximately a third of an acre in size. The lot was separated from a piece of tract land where the owner currently resides at 121 Denver Avenue. The property is located on the east side of Denver Avenue between Bluestone Drive and Rimrock Court and can be legally described as Assessors Tract No. 7AACAA, located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Preliminary plat approval for this subdivision was granted by City Council on June 5, 2006 subject to 10 conditions. Note that two sublots that would have allowed the construction of a two unit townhouse were initially approved. The developer has since decided to create just one single family lot in the same location as that approved for the two sublots. The change in design was considered to be minor. All of the required infrastructure improvements have been completed and approved by city staff. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. GDI IPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 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 prehmm* ary plat application of Subdivision No. 272 was approved for two sublots that would have allowed the construction of a two unit townhouse. The developer has since decided to instead create one large single family lot i.n the same location as that approved for the two sublots. This change was considered to be minor. The final plat substantially complies with the approved preliminary plat. Condition No. 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 by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public works Department prior to construction. This infrastructure shall include curb, gutter, boulevard and sidewalk shall be installed along Denver Avenue as it abuts the subdivision. (Kalispell Design and Construction Standards) This condition is met. Curb, gutter, boulevard., and sidewalk have been installed along Denver Avenue from the southern most boundary of the property north to Rimrock Court. The improvements were designed by Jeff Larsen., an engineer certified by the State of Montana, and approved by the Public works Department prior to construction on or around June 15, 2006. Condition No. 3. A letter from the Kalispell Public works Department stating that the new infrastructure has been accepted by the City of Kalispell. (Kalispell Design and construction Standards) • This condition is met. The Kalispell Public works Department approved the completed curb, gutter, boulevard, sidewalk and storm drain in a letter to Mr. Larsen dated August 13, 2007. Condition, No. 4. The required boulevard along Denver Avenue shall be a minimum of 5 feet wide and a payment in lieu of landscaping provided to the Department of Parks and Recreation for the installation of street trees and seeding of the boulevard.. (Findings of Fact Section D) • This condition is met. The boulevard along Denver Avenue has been completed and is five feet in width. The owner also installed street trees and seeded the boulevard along Denver Avenue. The Parks and Recreation Department approved of the landscaping after a site inspection on June 18, 2007 noting that the owner was responsible for watering and maintaining the trees and boulevard for a period of two years. Condition No. S. The following note shall be placed on the final plat for lots 1 A and 113, `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." Findings of Fact Section D) ■ This condition is met. The note appears on the face of the final plat. Condition No. 5. The owner of tract 7AACAA shall install curb, gutter and sidewalk along the property boundary adjacent to Denver Avenue. The new infrastructure shall connect with existing infrastructure along Denver Avenue. (Findings of Fact Sections C and D) • This condition is met. The infrastructure was installed according to the plans approved by Public Works and was inspected and approved by the Public Works Department i.n a letter dated August 13, 2007. Condition No. 7. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) * This condition is met. The utilities are in place underground. Condition No. 8. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. Erosion control measures must be in place during construction and remain in place until the site is stabilized. • This condition is met. The site has been adequately seeded. When development is proposed, the applicant will be required to address erosion control issues and obtain a storm water management permit. Condition No. 9. If the owner chooses a rear access, the owner shall provide a draft copy of a maintenance agreement for the 20-foot access easement shown on the preliminary plat. (Findings of Fact Section A) As the developer chose to create a single lot verses two sublots, the rear access was not needed to develop the lot. Therefore, this condition is no longer applicable. Condition No. 10. That preliminary plat approval shall be valid for a period of three years form the date of approval. (Kalispell Subdivision Regulations, Section 2.04) ■ This condition is met. The preliminary plat would expire on June 5, 2009. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. COMPLIANCE WITH THE SiTBI]TVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision. Regulations. All taxes are current. The title report notes that Laurence Ernest Lautaret and Maxine Lautaret have 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. RECOMZNI NDA'TIDN: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City council approve the final plat for this subdivision. Please schedule this matter for the September 4, 2007 city council agenda if possible. You may call me at 751 -1850 if I can be of assistance to you regarding this matter. Sincerely, Nicole C. Johnson Planner II Attachments: 1 11 x 17 copy of plat Vicinity Map 2 reproducible mylars of final plat 1 copy of final plat Final plat application received 8 / 16 / 07 Letter from DEQ dated 7/ 13/07 Title Report dated 7 / 27 / 07 Consent to plat from Laurence Ernest Lautaret and Maxine Lautaret dated 7 / 30 / 07 Memo from Public Works Department dated 8/ 13/07 and 8/28/07 Letter from Kalispell Parks and Recreation Department dated 6/19/07 Tax Certification dated 8/ 15/07 c w f Att: Theresa white, Kalispell City Clerk c w/o Att: Tim and Kay Knoll, 121 Denver Avenue, Kalispell, MT 59901 Sands Surveying, Inc., Attn: Erica Wirtala, 2 Village Loop, Kalispell, MT 59901 City of Kalispell Planning Department 1:.7 w 2nd Street East, Suite 211.., Kalispell, Montana 59901 Telephone: (406) 751 W 185Q Fav (406) 751-1858 itu AL PLAN' APPLICATION Pro"ect /Subdivision Name: Subdivision No. 272 Contact Persons Name: Sands Surveying,,. Inc A.d.dre ss: ill .a1&kA:*V &11i ell M`I'' 5901 Phone No. 0 40 -61.81 Date of Preliminary Plat Approval; June5 2206 firmer & M&Uing Address: Tim and Kav moll_ 121 Denver Avenue Kalis ell MT 59901 (406)7,55-8627 Type of Subdivision; Residential Industrial �Commercial -..P D , [ether Total Number of Lots in Subdivision 2 lots Land in Project (acres) 0.306 acres Parkland (acres) No. of Lots by Type: Cash-m' -Lieu Exempt Yes Single Family X Townhouse Mobile Home Parr Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development on,dominiusx� Multi -Family Other Legal Description of the Property w l 2 of Sw 1 4 of Section. 252,Town§hiR 20 North, Ran a r)rl Nest P.M.M. FILING FEE ATTACHED $610.00 Minor Subdivision with approved preliminary plat $400 + 105/lot Major Subdivision with approved preliminary plat 550 + $105/lot Subdivisions with waiver of Pre l aainary Plat 600 + $105/lot Subdivision. Improvements Agreement 50 Attached Not ARphcable (MUST C)OR t�l���. ■ �YY N rW�+- Health Department Certification (0r-�.g'na ) X 'Title Report (On"ginal, not more than 90 days old) ,. Tax Certification. (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement plats: l opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluel�nes 4 bluelines, unsigned I 1 17 Copy 1,1 X 1 7 Copy **Tbe plat must be signed by all owners of record, the surveyor and the exam mmg 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 engmeer's certification, State Department of Health certification, etc., ongmal letters shall be submitted. Blanket statements stating, for example, "all =* provernents are in place's 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 prel mm' ary 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 prelim Mary plat may necessitate reconsideration by the planning board. I certify that aU 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 M* Val.i.date any approval. The signing of this application signifies approval for Kalispell Planning stag' to be present on the property for routine monitoring and inspection during the approval and development process. **COTE: Please be advised that the County Clerk 8c Recorder request that all subdivision final plat appli tions be accompanied with a digital copy, 6"er(*s') Signature Date **A digital copy of the final plat *inn a Drawm fig Interchange Pile (DXIF) format or an AutoCAD file format, consisting of the following layers; 1'. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Loads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system. July 13, 2007 Larsen Engineering & Surveying PO Box 2071 Kalispell MT 59903 Dear Sirs: RE: Subdivision No 272 Municipal Facilities Exclusion EQ#oS-1044 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 fled 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 176-4-111 (3), MCA}. Construction of water or sewer extensions prior to DEQ, Public water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, Xanet S kaarl and Compliance Specialist Subdivision Section (406) 444-1801 — email 'skdgrlandLai`int.gov cc: City Engineer County Sanitarian. file Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division ■ Remediation Division Aue 15 07 DS : 59a LARSEN ENG . & SURV . (409 )257 - 4051 P.1 `° .City of Kalispell Public Works Department Post Office Box 19971,1 Kalispell, Montana 59903-1997 -Telephone (406)758-7720, Fax (406)758-7831 August 13,, 2007 Larsen Engineering & Surveying, Inc., P.E. P.O. Box 2071 Kalispell,, Montana 5 03--2071 Attention: Jeff Larsen, P.E., P.L.S. Re: Tim & Kay Knoll Denver Avenue Sidewalk & Sturm Drain Improvements Dear Jeff, The City of Kalispell Public works Department hereby approves the existing, completed sidewalk and storm drain improvements for the referenced project. the two --year warranty period for the City owned and maintained existing,, Completed improvements commenced on July 27, 2007. If you have any questions, do not hesitate to contact this office. Sincerely, Frank Castles, PE Assistant City Engineer/ Deputy Public Works director CC: Sean Conrad, Senior Planner; Planning Department rr% "ar;^ CI*ty x of Kali *spell Publi*c Works Department ::. Post Office Box 1997, Kali I Montana 59903 � I997 Telephone ��� 7���77�o Fax 4f� 7 ry . a 58-7831 .r^ August 28, 2007 Kalispell Planning Office Kalispell, Montana 59901 Attention: N ichole Johnson, Planner RE: Subdivision No. 272 Kalispell, Montana Dear Nichole: The construction plans and supporting documents for the referenced project were verbally approved for the referenced project on or about June 15, 2006. The required infrastructure included, curb &gutter, boulevard and sidewalk construction along the East side of Denver Avenue. If you have any questions, please do not hesitate to contact this office. Sinter ly, rank Castles, P.E. Deputy Public Works Director/Assistant City Engineer FROM : KRL I SWELL PARKS AND RECRERT I ON F'RX NO. : 7587719 Jury, 19 2007 1 2 : 313PM P2 ,��4c, of Kalisp@// 'arks and Ration ,dune 19, 2007 Alpine Peak Construction, Ino Attn: Tine Knoll 120 Rim Rock Kalispell, MT 59901 Phone'. 406-75 5.86 7 Re: Subdivision #72 Clear Tim: 35 V1 Ave East — P 0 Box 1997 -- Kalispell NIT 59903-1997 Phone: (406) 756-79 Fax: (406) 758-7719 E#' all: cfincher @kalispell. corn i had the opportunity to do an onsite inspection on June 18, 2007 of the boulevard landscaping and tree planting on your subdivision #272 on Denver avenue. This letter is to serve as approval of the landscaping and tree planting on your subdivision #272. Please note the developer is responsible for watering and maintaining the trees and boulevard for a period of 2 yeah. It has been enjoyable working with you Tim, and we appreciate your thoroughness and attention to detail. If you have any concerns or questions please give me a call. Sincerely, C ad Fincher, Parks Superintendent cG: Sean Conrad, Planning [department Mike Baker, Parks and Recreation Director r if %f Plat Room ` y'' Flathead County,Montana } 's 800 S. Main St. --� =- Kalispell, MT 599 p 1 o (406) 758-5519 This Form is for subdivisions Only BY: Sands FOR: Knoll, Tim & Kay DATE : 07/24/2007 DESCP : Subdivision No. 272 (Tr 7AACAA in PURPOSE. plat 19-28-21) YEARS 2003 thru 2006 ASSESSOR ## 9981295 hereby certify that there are no outstanding taxes on the property assigned the assesso rs listed abo fo the years indica d for each assessor nu Deputy Treasurer (seal) � 15 2007 i $ UZ CONSENT TO PI AITM PurRmt to Section 7&3-612, MCA the undersigned., Laurence Fmcst Lautaret and Maxine Lautaret as beneficiary of a Trust Indentme to sere payment in the principle sung of 7 5,000. o0, recorded November 19, 1993 as Document # 3 -3 23 4647o, hereby consents to the Platting of a trams of land to be known d named as Suhdivis ro No. 272, IN WITNESS WHERE OF, said party has caused then name to be subscribed hereto on the 3 o day of l zoo � Sigsature: v0 � L,au_rence Ernest LautarCt Q Printed Name and Title: ignature: Maxine iautaret Primed Name aad Title: STATE OF hjp�, P�- ) COUNTY OFJI Pam� 5S ° On this day of �� �� � � s before ��" Notary I hlic for the Mate -3 L.�-of personalW appeared whose name is subsaibed to the foregoing insmmnt and acknowledged to me ftt they exerted the same. , A Po A Signature" Printed lame of Notary, Notary Public for Mate of Residing av_011L, a 6y My Commission Express. 7 / 4� la--) ✓L 1A q i2 ?,,NC 5A -4 • v+ N i *1 SEAL 0- 1: llElslfiLEiS� L S DISMARK S TRE'�ET w w CL w 0 J PLAT OF SUED/VISION No 272 A SG9pVi5%A1� !N THE AR14NW//4 SEC /9, T.2&K, R.?/WPAL,A[, FLATHEAD COUNTY, AIONTAAW w 4& RIMROCK counr adw I� s a e i l W W ° k ' 3 0 NAM (NOT A PART) (COS f 1332) .S'er31`21T AIFT 3i` Aorfw LOT 1 Om 332 AC. Kt�t' (STR ATFORD 16r.ir VILLAGE) L= In I $ �J �o a I e � w N �a WN Comm M.R air LOT al Subdivision Guarantee Guarantee No.: 222624-C7 Issued by Citizen's Title and Escrow Company 704 South MainlP, O. Box 1310 Kalispell, MT59901 Title Officer. Nick Vernon Phone: (406)752-5388 FAX.• (406)752-9617 Form No. 1282 (Rev 12/15/95) Subdivision Guarantee Form 1349 CLTA Guarantee Face Page (Revised 12/ 15/95) Guarantee No.: 222624-CT First American Title 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. BY PDF' ATTESTS Citizen's Title and Escrow Company pr FA .0011, MIR 016,%tv ni AUTHORIZED SIGNATORY Subdivision Guarantee Guarantee No.: 222624-CT SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE Order No.: 222624-CT Guarantee No.: 222624-CT Fee: $ SUBJECT TO THE EXCLUSIONS FROM OVERAGE, 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: Sands Surveying 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: A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE PLAT OF ASH LEY MEADOWS (RECORDS OF FLATHEAD COUNTY, MONTANA), WHICH IS A FOUND IRON PIN ON THE SOUTHERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA; THENCE ALONG SAID BOUNDARY SOUTH 88011'27" WEST 157.12 FEET TO A FOUND IRON PIN ON THE EASTERLY R/W OF A CB FOOT ROAD KNOWN AS DENVER AVENUE; THENCE ALONG SAID R/W NORTH 00023'05" WEST 92.91 FEET TO A SET IRON PIN; THENCE LEAVING SAID R/W SOUTH 87031'21" EAST 167.35 FEET TO A SET IRON PIN ON THE (NEST BOUNDARY OF SAID PLAT OF ASHLEY MEADOWS; THENCE ALONG SAID BOUNDARY SOUTH 00°19'22" WEST 80.48 FEET TO THE POINT OF BEGINNING, THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS: SUBDIVISION NO. 272. (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: Tim Knoll and Kay Knoll as joint tenants w owner Laurence Ernest Lautaret and Maxine Lautaret - beneficiary (B) Parties holding liens or encumbrances on the title to said lands are: Subdivision Guarantee Guarantee No.: 222624-CT 1. 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 Affects 2006 $1,160.80 Paid $1,160.76 Paid 75-0981296 Premises and other property 2. Trust Indenture, to secure an original indebtedness of $75,000.00, dated October 12, 1993 and any other amounts and/or obligations secured thereby Recorded: November 19, 1993, as Instrument No. 93-323-16470 Grantor: Tim Knoll and Kay knoll Trustee: Citizen's Title & Escrow Company, Inc. Beneficiary: Laurence Ernest Lautaret and Maxine Lautaret as joint tenants Affects: Premises and other property (C) Easements, claims of easements and restriction agreements of record are: 3. Any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. 4. 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. 5. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and Environmental Services. 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. 11352, 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. Well Easement and Agreement upon the terms, conditions and provisions contained therein: Parties: Tim Knoll and Paul Husted Recorded: July 12, 2000, as Instrument No. 2000-194-16090 8. Easement granted to Flathead Electric Cooperative, Inc., recorded May 7, 2007 as Instrument No. 2007-127-10060. 9. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the unrecorded plat of Subdivision No. 272, 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). Subdivision Guarantee Date of Guarantee: July 12, 2007 at 7:30 A.M. Guarantee No.: 222624-GT CITIZENS r.t, ITLE ('-k ESCROW COMPAN, -Y BY- ACR,-'*'-,N. OWLEDGEMENT STATE OF MONTANA ) ss. C Oi. NT r OF FLATHEAD ) r ` � 1 his Histrument was acknowledged befofe me Oil day of 1)Y ► as Assistant ecr etar V of Citizens Tint cl,-r Escrow Compauy. _ 5 _ Subdivision Guarantee Guarantee No.: 222624--CT SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE I. 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 tide 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 shalt 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 party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) Subdivision Guarantee 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys` fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 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 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. Guarantee No.: 22-2624-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 casts, 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 (ag) days thereafter. 11. Subragation 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 $1,990,000 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 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 i First American Way, Santa Ana, CA, 97797. Form No. 1282 (Rev. 12/15/95) Subdivision Guarantee Citizen's Title and Escrow Company 704 South Main/P.O. Sox 1310, Kalispell, MT 59901 Phone (406)752-5388 - Fax (406)752-9617 PRIVACY POLICY We Are Committed to Safeguarding Customer Information Guarantee No.: 222624-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 an 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 nformadon regardless of its source. First American calls these guidelines itspFairinformaton Values a cof which can be ound on our website at www.fic2a.m..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 (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. a 2001 The First American Corporation • All Rights Reserved / Z�F, ;& , r