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2. Resolution 5100 - Final Plat - Crystal Falls SubidivisionCity of Kalispell Planning Department 1 - 20dStreet East. Suite 2111 Kalispell, Mona 5�� Fax: -85 REPORT TO: FROM: SECT: KahspeH Mayor and city Council Scary Conrad, S r or Planner James H. Patrick, City Manager cr Final. Plat Approval for crystal Falls Subdivision AMETING DATE; March 20, 2006 BACKGROUND: This is a residential subdivision that creates two sublots. The proposed sublots are located in a residential neighborhood with existing water and seiner services available Within the 5thAvenue West road right-of-way. The property is located at 1302 and 130Avenue West. The proposed sublots are located on the merest side of the road and are approximately 'boo feet south of the intersection. of 5thAvenue West and 1 1thStreet West. The propel is 10,454 square feet in size and is located in the SW 1/ of the SE -1/of Section 18, Township 28 North, Range 21 West, . M. M. , Flathead county, Montana. The property is zoned R-, Two Family Residential.. This zoning district allows two townhouse units on 6,000 square foot lots. The proposed subdivision would create tiro sublots to allow for individual ownership of a future townhouse on the site. The proposed sublots are consistent with the R-4 zonmg district as well as section 27.22.130 of the KahspeH Zoning Ordinance regarding sublots. Our office waived the prehminary plait on December 20, 2005 subject to fire conditions because it has been found that the subdivision can meet the ritoria for r hmm' ary plait approval waiver criteria as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Findfgs of fact for approval of the plat are ford in attached staff report KWP- - 3 which review the conditions of approval and how they have been met. RECDOWNDA N: A motion to adopt the fmdm' gs of fact in the staff report KW-o -3 and approval of the resolution for the final plait would. be In order. ISCAL .E`ECTS: Potentially tia y nor Positive effects. ALTERNATIVES; As suggested by the city council. cil. Final Plat for the Crystal Falls Subdivision March 1 5, Zoo Page 2 Respectfully ., { Sean Conrad Senior Planner Reportcompiled: Marc. 14, 2006 Theresa White, Kalispell City Clerk f dames H. Pack ,City Manager attachments-, Transmits letter and application Staff report KWP-0 - 3 Flats 2 RESOLUTION .NO, 5100 RESOLUTION APPROVING THE FINAL PLAT of CRYSTAL FALLS SUBDIVISION, LOCATED IN THE SW F THE SE 1 of SECT ON . , TOWNSHIP 28 NORTH, BADGE 21 WEST, P.M.M,, FLATHEAD COUNTY, M NT.ANA. WHEREAS, The villas, LLC, the owner of certain real property described above, has petitioned. for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on December 20, 2005, by the Kalispell Planning e arty ent according to Section 2.0of the Kalispell Subdivision Regulations subject to five (5) conditions, all of which have been met, and WHEREAS, the proposed subdivision Plat of said property is subject to the provisions of Section 2.0Preliminary Plat Process -Minor S bdivi to -Preliminary Plat Waiver), Subdivision. Regulations of the C.Ity of Kalispell, and WHEREAS,, the Kalispell Planning Department has reviewed the proposed subdivision and made a report KvP-o-) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KA ISPEL , MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department artr ent Report KWP-o -3 are hereby adopted as the Findings of Fact of the City Council. SECTION 11. That the application of The V.111as, LLC for final plat approval of Crystal Palls Subdivision in Section 181, Flathead County, Montana, is hereby approved. SECTION 111. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IV. That upon proper review and filing of the final Plat of said subdivision in the office of the :flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL .AN SIGNED BY THE MAYOR THIS 20TH DAY OF MARCH,, Zoo . ATTEST: Theresa White City Clerk Pamela. B. Kennedy Mayor CRYSTAL FALLS SUBDIVISION KALISPELL PLANNING DEPARTMENT STAFF REPORT KWP-06 3 REVIEW AND FINDINGS OF FACT MARCH 14,2006 This is a repot to the Kalispell City Council for fmdings of fact for a two lot residential subdivision. reliminar r plat approval for this minor subdivision was waived on December 20, 2005 based on 5 conditions. BACKGROUND: This is a residential subdivision that creates two s.blots. The proposed s blots are located in a residential neighborhood with em'sting water and sewer services available within the 5th Avenue West road right-of-way. A. Applicant: The Villas, LLC 1645 Hwy 93 South Suite H Kalispell, MT 59901 (406)2 - 333 Technical Assistance: Jackola Engineering P.O. Box 1134 Kalispell, MT 59903 (406) 55-320 Location: The property is located at 1302 and 1304 5thAvenue West. The proposed s b .ots are located on the west side of the road and are approximately Too feet south of the intersection of 5thAvenue West and 1.1. th Street Vest. The property is 10,454 square feet in size and is located in the SW 1/4 of the SE 1/4 of Section 18, Tovmship 28 North, Range 21 west, .M,M,, Flathead County, Montana.. C. Sic Total area: 1.0,454 square feet Lot 1 5,226 square feet Lot 2 5,226 square feet Existing and Adjacent Land Uses: The property is currently ndeve o ed at this time. The surrounding area made yap of smg.e family residences with some duplex units located south of the proposed subdivision. EA Zoning: The property is zoned R-4, Two Family Residential. This zoning district has a minimum lot width requirement of 50 feet and a minimum lot size requirement ent of 6,000 square feet.. The proposed lots do not meet the mi . m m lot size or lot width however the proposed lots are considered s .blots. Further discussion on how the proposed s .Mots meet the zoning district requirement can be found under Findings of Fact, Section G of this staff report. '`.Relation to Growth Pori : The property is designated as Urban Residential in the Kalispell Groff Policy 2020. The existing R-4 zoning is consistent with the Urban. Residential land use designation. Utilities: Water and Serer: Electricity: Telephone: Gas: School: Police: `ire Protection: City of Kalispell `la.t.ea. Electric Coop Ce.t.ryel Northwest Energy School Distract #5, Kalispell City of Kalispell City of Kalispell RIEVEEW AND FINDINGS OF FACT This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: `ire: The area is anticipated to be at low risk from wildfire clue to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected to significantly scantly impact the service provided by the district. A fire hydrant is located approximately 5 feet north of propose. lot -it .in the road right-of-way. The site is nearly level and is not in or near a designated too year flood plain nor is it subject to slope failure, subsidence or severe erosion. B. Effects on Wildlifeand Wildlife Habitat* The subdivision is not mapped in big gee habitat meter range and does not provide habitat to significant wildlife other t .an some birds and small animals. C. Effects on the Natural Environment: The subdivision will be served by City of Kalispell grater and serer minimizing impacts to groundwater. Any impacts on the natural environment t related to this subdivision will be insignificant. Effects on Local Sakes: Sewer and Water: The City of Kalispell will provide water and sewer service to the property. There are existing water and sewer rains directly accessible to the proposed lots. Access and Roads: Access to the property is currently provided to the site from. 5thAvenue West. Fifth Avenue Nest is a. City maintained sheet however the street is currently substandard. dard. .e sheet is paved with a driving surface o 24 feet with gutters but no curbs, boulevards or sidewalks exist at this time. Although the impacts to the roadways in the area will be minimal with the addition of two single family y homes on the proposed lets the Planning 2 Department has required the property owners to waive their right to protest the creation of a special improvement district for the future upgrade of streets in the area to city standards. Sidewalks: The nearest sidewalks on SthAvenue West are approximately l ,000 feet to the north located between 9th Street West and I Oth Street West. Therefore, sidewalks do not abut the proposed subdivision and have not been required as a. condition of approval. Schools: This property is within the boundaries of School District 5, Kalispell. This subdivision is residential in nature and will have limited impacts on the enrollment of the school distract and may result in one additional school aged child being enrolled in the district. Parks: Parkland land dedication is not required for minor subdivisions. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal.- Solid waste pick-up is currently rovi .e by the City. The refuse containers are stored i the courtyard and moved to the street for pick-u as necessary. No significant increased impacts can be anticipated as a. result o the proposed expansion. ion. Medical Services: Emergency medical service is provided by the Kalispell Regional Medical Center; Ambulance and Life Flight services are also available. Effects can Agriculture: This subdivision is in the urban area of Kalispell and the area has been developed to an urban density. This property has not been used for agricultural purposes 'in the past and future residential development ent will have o effect on a.gncult ral activities in the Valley. , Compliance with the Kalispell Subdivision Regulations This subdivision complies with. the Kalispell Subdivision Regulations. Preliminary plait was waived because it meets the waiver criteria provided for under Section 2.06 of the regulations which include thefollowing: 1 the plait contains five or fewer lots, 2 there is no public dedication of streets or public or private parkland, 3 all lots have legal and physical access conforming to these regulations, each lot has a suitable building site and there are no environmental hazards present, municipal waiter and sever are adequate and in plaice, the subdivision complies with these regulations and onm* g regulations, there are no significant effects anticipated on agnc It .re and agricultural water user facilities, local services, the natural environmental idl e 3 and wildlife habitat and the public headth and safety. This subdivision is in substantial compliance with the Kalispell Subdivision e u .ations. fir, Compliancy: with the Kalispell Zoning Ordinance: The propel is zoned R- , Two Family Residential. This zoning district has a minimum lot width requirement of 50 feet and a minimum lot size requirement of 6,000 square feet. The proposed lots do not meet the minimum lots size or lot width under the R-4 zoningdistrict, however, the proposed lots are considered sublots. Su lots are defined as a. portion of a platted lot designated for separate ownership from other portions of the lot and used for tovmo se or other construction that has separate ownership of parcels. Section 27.22,130 of the Kalispell Zoning Ordinance requires sublots to be within a recorded subdivision lot whose area is at least 6,000 square feet and the sublat must have minimum area of 2,000 square feet. The proposed sublots meet these requirements. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-0 -3 as "a din s-o =fact for the proposed subdivision and approve the final plat. SC H: p rtKW2006 \KWP06-3 Crystal Falls.DOC 4 City of Kalispell Planning Department 1*11 - 2 Street East. Suite 211, Kalispell, Montana 59901 Telephone: 1_5 I - 1850 Fax: 6751-1858 Marc. 15, Zoo James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE* Final. Plat Approval for the Crystal Falls Subdivision Dear Mr. Patrick: Our office has received an application for fma.l plat approval from Jackola EngineeriLng on behalf of The Vie as, LLC for a residential subdivision that contains two s . lots. The property is located at 1302 and 1304th Avenue West. The proposed sublots are located on the west side of the road and are approximately feet south of the intersection of 5th AvenueWest and Street West. The propel is 10,454 square feet in size and is located in the SW 1/ of the SE 1/4of Section 18, Township 28 North, Range 21 West, .M.M., Flathead County, Montana. a. The propel is zoned R- , Two Family Residential* This zoning district allows two townhouse units on 6,000 square foot lots. The proposed subdivision wo .l create two sublots to allow for individual ownership of a future townhouse on the site. The proposed sublots are consistent with. the R-4 zoning district as well as Section 2 .2 2.13 0 of the Kalispell Zoning r .lr an regarding sublots. Our office waived the r . rrainary plat on December 20, 2005 subject to five conditions because it has been found rs that the subdivision can meet the r't r'a for preliminary plat approval waiver r criteria as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Specifically, it can be found that the following conditions exist: 1.. The plat contains five or fewer Lots, 2. There is no public dedication of streets or public or private parkland. 3. AH lots have legal and physical access conforming to the subdivision regulations, . Each lot has a suitable building site and there are no environmental hazards present. r Public sewer and water are adequate and in place. Final Flat for the Crystal Falls Subdivision March 15,,2006 Page 2 6. The subdivision complies with the subdivision regulations and current zoning regulations. 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the .natural environment, wildlife and wildlife habitat and the pubhc health and safety. The Kalispell City Council will need to adopt findings of fact for approval found in attached staff report K -o -3 concurrent with the final plat approval. The following s a list of the conditions of approval and a discussion of homer they have been met. C AVLUNCE WITH CONDMONS OF APPROVAL Condition No. 1. That the final plait is In substantial compliance with the re ra airy plait that was wmvedt This condition has been net. The lots in the subdivision comply substantially with the prehminary plat that was waived. Condition No. 2. That a. note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of streets in the area to City standards. This condition has been net. The re red. note has been placed on the face of the plat and Will be recorded with the plat, Condition No. 3. A municipal facilities exemption be obtained from the Montana Department of Environmental Quality and a. letter from the Kahspell Public Works Department .ent stating that municipal waiter and suer are available and will be provided to both lots. + This condition has been net. See attached MDEQ letter certifying the subdivision will be connected to municipal facilities. Condition No. 4. Demonstrate that the existing buildings on the propel that are to be retained comply With zoning. Buildings not intended to be retained shall be removed. * 'here are no existing buildings on the property. Condition No. 5. This waiver of preliminary plat approval is valid for wee years and shall expire on December 20, 2008. This condition has been net. The final plait was s .b fitted. prior to expiration of the waiver. 2 Final. Plat for the Crystal Falls Subdivision March 15, 2006 Page 3 C MIPLIANCE APPROVED REARPLAT The nal plat is in substantial m liars with the r l urinary plat which was reviewed and approved. COMPLIANCE WI'H THE SUBMSI N REULATI NSO This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. C MPSCE WITH THE ZONING REGULATIONS This subdivision has been found to be in comphance with the Kahspell Zoning Ordinance and the R- , Two Family Residential, zoning designation assigned to the property. REC�NA': All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KW--3 as fmdingsfact and approve the l plat for the subdivision. Please schedule this ratter for the next regular city council meeting of March 20, 2006. You may call me at 51-1 52 if you. have any questions regarding this subdivision. Sincerely, 4 Sean Conrad Senior Planner sc Attachments.- Vicinity map 2 reproducible Mylar 1 paper copy 1 I x 17 reduced copy Staff Report KW--3 Letter from Jackola Engineering Final plat application Letter from Planning Department for pre plat waiver date. 1225 3 Final Plat for the Crystal Falls Subdivision March 15, 2006 Page 3EQ approval #E. Q. #06-1906 dated 12 / 7 J OS Treasurers Certification dated 2 j 17/06 Title Report # 1 S 1978-FT from First American Tile Insurance Company dated 2 / 21 / 06 Consent is Plat from Whitefish Credit Union. dated 2/21/06 w/ attachments: Theresa White, Kalispell City Clerk w/o attach-ments.- Jackola E ga. rm ;, P.O. Box 1134, Kalispell, MT 59903 The Villas, L C, 1645 Hwy 93 South. Suite H, Kalispell, MT 1 H: RD\ReportsKW2KWP-3 Itr.DOC FE February 17, 2006 low- ONV- - r. Tom Dent City of Kalispell la ning Department 17 Second Street East Kalispell, Montana 59901 Re,: Final Plat Application Crystal Falls Minor ubdivl io . Sec. 18, T28N, R21W, PSI, M, Flathead Count Dear Mr. e .t z Enclosed is our Application for `i a Approval for the above roferenced Subdivision. Conditions of Waiver of Preliminary Plat Approval are as follows: That the final plat is in substantial compliance with the preliminary plat that was waived. Plat is in compliance 2. That a note be place on the face of the final plat that waives protest to the creation of a special improvement i t ni t for the future upgrade of streets in the area to City standards. on the face of the plat. A municipal facilities exemption e obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department state.ng that municipal water and sewer service are available and will be provided to both lots. Enclosed is theMunicipal Facilities Exclusion from the Montana Department of Environmental Quality. I order to obtain this exclusion the Public Works Department has stated water and sewer -service is available. . Demonstrate that the existing buildings on the property that are to be retained comply with zoning. Buildings not intended to be retained shall be removed. No buildingsexist on the property* This waiver of preliminary plat approval is valid for three years and will expire on November 23, Zoo . This condition is met Should have any questions, please do not hesitate to contact me. Thank you. I remain ncerely, James H. Burton JHB/j b Eric . (P)40.' 0B (F)406.755.32 1 8 PO Box1 1 34 y 1 8 30 3'O SUETY 302, KALISPELL, MT. 59901 City of Kalispell Planning Department 11d 17 - Street East, Suite 211, Kalispell, Montana 59901 Telephone- 1-1. Fax: 4751-1858 FINAL PLAT "CAN LJi MAP o 7 2006 KALISPELL PLANNING DEPARTMENT Project /Subdivision Name: CRYSTAL FALLS ContactPerson: Name: aek is Erg beerinR Address: P.O. Box 1134 Kalil ell Montana 5 3 Phone No.:755-3208 Owner & Mailing Address: The Villas PLC 1645 H= 93 S. Suite K-adispell, Montana 59901 25 -1333 Date of Preliminary Plat Approval: Date of Walve - December 20,2005 Type of Subdivision.: Residential � X Industrial Commercial --PU �Other Total Number of Cats in Subdivision 2 Lard in Pr Ject(acres)..... 5 . . Parkland (acres) N. of Lots by Type Single Family Duplex Commercial Condominium Cash -in -Lieu $ Exempt X Townhouse 2 Mobile Horne Park Apartment Recreational Vehicle Park Industrial Planned Unit Development ent Multi-Farnily Other . Legal Description of the Property See Attached FILING FEE ATTACHED $ 800.00 Minor Subdivision with approved preliminary plat $400 f $100/lot Major Subdivision with approved preliminary plat $650 + $100/lot Subdivisions with Waiver of Preliminary Plat $600 + $lOQ/lot Subdivision Improvements Agreement $ 50 Attached Not Applicable -(MUST CHECK ONE) Health Department Certification (original) Title Report(Original, not more than 90 days old) .� Tax Certification (Property taxes must be paid) Consent(s) to Plat On' gina.l s and notarized) X Subdivision Improvements Agreement(Attach collateral) X Parkland Cash -ire -Lieu (Cheek attached) X Maintenance Agreement X Plats: 1 opaque OR 2 r. ylars 1 rrrylar copy 1 signed blelie bl .elines 4 b . elines, unsigned 1 IX17 Copy 1 IX17 Copy **The Plat must be signed by all owners of record, the surveyor and the examining lard 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 are engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in lace" are not acceptable. 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 prellminaxy plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the goveming body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board.. 1 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 monitor' g and inspection during the approval and development process. MOTE: Please be advised that the County Clerk & Recorder requests that all subdiviLsion flmal plat applications be accompaniedwith a digital copy. TjHE VILLIAS, LLQ BY Member Date *A digital copy of the final plat in a Drawing Interchange File DXF format or are AutoCAD file format, consisting of the following layers: 1.. Exterior bounder of subdivision 2. Lot or park boundaries 3. Easements . Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corer of the public land survey system City of Kalispell Planning Department 17 Second Street Easy. Suite Kalispell, Mona 59901 Fax: (406) 751-1858 December 20, 2005 James H. Burton ackola Engineering eerig and Architecture l 30 Third Ave East Kalispell, MT 59901 Re: Waiver of Pre .ar .ary Plat Approval - Crystal Falls Minor Subdivision Dear Jim: This letter is in response to your request for waiver of prelinainary plat for a two lot residential subdivision located on the merest side of 5th Avenue West north. of Sunnysi e Drive in Kalispell. The property contains a rom'mately 10,370 square feet. The property is currently undeveloped and is intended for a two unit townhouse. The property is zoned R-- , Two Family Residential which has a rm'nmum lot width of 50 feet and a minimum lot size of 6,000 square feet. This subdivision will create two s Mots containing approximately 5,000 square feet each. The proposed subdivision complies with the townhouse standards for the R-4 zoning. The propel can be described as Assessors Tract 5M in Section 17, 28 North, Range 21. West, P.M.M., Flathead. County, Montana. a. .r office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under Section 2.06 of the Kalispell Subdivision Relations. Specifically it meets the following criteria.: 1) the subdivision contains fire or fewer lots, (2) there is no dedication of streets or public or pnvate parkland, 3 that the lots have Legal and hysical access confonming to the subdivision regulations, each lot has a suitable building site and there are no cnvironmental hazards present; 5 municipal serer and water are adequate and in place,- that the subdivision complies with the subdivision and current zomng regnAations, and. 7 that there will be no sigrifficant impact on agriculture, agncult ral water users, low ser 'ccs or the natural env ro=ent Due to the relatively rm'r ,or Impacts that this subdivision poses, this off -ice grants preliminary plait approval. subject to the following conditions: 1. That the final plat is in substantial stantial comphance With the preliminary plat that was `w e . Torge-rson ,addition No. 370 Pre -Plat Waiver November 23, 200 Page 2. That a note be place on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of streets in the area to City standards. 3. A municipal facilities exemption be obtained from. the Montana Department of Environmental Quality and a letter from the Kalispell Publ .e Works e art- ent stating that municipal water and sewer service are available and will be provided t both lots. . Demonstrate that the existing build�� s on the property that are to be retained comply with zoning. Buildings not intended to be retained sba-. be removed. 5. This waiver of preliminary plat approval is valid for three gears and will expire on November 23, 2008. Waiver of relftm*nary plait approval does not constitute approval of the subdivision.. Please note that prior to final plait approval all requirements must be met per Chapters ters 2 and 3 of the Kalispell Subdivision Regulations. if you have any questions regarding this matter, Please call Nar a. Wilson, Senior Planner, at this office. Sincerely, Thomas R. er �t Planning Director Department Montana IENVI- R-0.-NM ENTAL UAIITY ,... ~- .......... - P.O. Box 200901 a Helena, MT 59620-0901 December 7, 2005 Jackola Engineermg o Box 11.34 Kalispell MT 59901 Dear Sir or Madam: Brian Schweitzer, Governor a - - www.deq.mt.gov RE: Subdivision. Flat of Crystal Falls Municipal Facilities ExclusloTi EQ#o - l o City of Kalispell Flathead County Th 's � ` � fees received y the ear ment ofEnv' rental Q a'tt relating to this subdivision are i compliance with -4-12 , �� ARM.� �. Under�- - � � , MCA., this subdivision is not subject to review, and the Plat can be filed with the county clerk and recorder. Plans ands eet ieations must be snbmitted when extensions ofmunicipal facilities for the supply of water or disposal of sewage are proposed 76-4- . , MC . Construction of water or sever extensions prior to DE Q., Pub ie Water Supply Seetio .'s approval 1s prohibited, and 1s subj ect to penalty as prescn'bed in Title 7 5, Chapter 6 and Title 76, Chapter . Sincerely, &43LA Janet Skaarand Compliance Specialist Subdivision Section (406) 444- . — email cc: City Engineer County Sancta a file Enforcement Division $ Permitting& Compliance jvjsj()n � Planning, r �F tion Assistance Division - i ti Division Plat Room Flathead County, Montana 00 S. Main St. Kalispell, MT 59901 (406)758-5510 This Form is for Subdivisions & Condominiums Only BY: JACKOLA FOR: THE VILLAS LLC D SCP* CRYSTAL FALLS r, 8TX i18-28-21) DATE: //s PURPOSE'SUB. I hereby certify that there are no outstanding takes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. Deputy Treasurer (seal) CONSENT TO PLAT We) the undersigned, A'141TEFISH CREDIT UNION, do hereby* consent to the platting of the real property described as "SUBDIVISION PLAT OF CRYSTAL 1 L S ##, attached hereto, and by, this reference made a part hereof. WHYfEFISH CREDIT UNION BY .74- STATE OF MONTANA SS County Flathead O ti_�..- 206, before m t ------ 4 undersigned, a Notary ubl.i for the tate of Montana, personally appeared ��� ,,. t ��� � .�� _ .rid known t to b t h e WHITEFISH CREDIT UNION and w . subscribed ��� ato the within instrument and acknowledged t me that executed the same. €Mary Public for the State of Montana e siding at My Commission Expires � � Bf�INBigN PL1T QF CRYSTAL FALLS 18 2 1" � � r Mmm I � � I � � 1 � I � I � I � E � f I ' I I I � r I � awam N rA& gVff MMST IV IW CMS OF A SPB= I TRWMAV 7WAWA 7V CMrSrANDOM i r � � E 1 k r � I I � I ILij a I , � � r r M Ui I LOT 1 U. I LOT 2 Im r w Sur, eabrk4 �. I t LL I I r I , SMACK R02ARBIEM FROl47' YARD 15 FEES' 1 E YARD M 5 FEET �1 � � AR YA - 10 FEET i1 iDE CORNER 15 FEET � r 2j R k UN�l pE I I I Y 1 1 , I 3 t --i) I tANFAIMM POFMMW f NM At JUA #maw�Aw ftw�4 mawansw 39 31 our cw n F � 'D'j ' 8R;A41 8f� g 8RB 7 Now I 8PA 8TH 8TE 8TE I - ± -- 8 1 ' 2 8TD�I 8TD� 1 x" 8m m 8T� 8T12 -$Tf2 TWA 81 V 8T1 P A 8TW�18T11 8 :rvr,%k8TT 8TT 8TWB 8TG___,_. .. 8TTS 8TWBAgTGAI— ____ —' 8T1/AF'A 8TF 8TW 8TL 8TV 8TF T gTVA 8TJA-8 TYA ----. - --- -- 8TJ�8TY gT1 Z --��■ 8TP -gTo i- _ __ 1 �-! 8TYB I i4 gT 8TC T 7 T 4 8T8 8T5 VICINITY MAP 8TA I 8TVAD 0 N U TI! 101 SCALE 1 " = 200'I THE VILLAS, LLC FINAL PLAT CRYSTAL FALLS A TWO UNIT TOWNHOUSE SUBDIVISION ON .24 OF AN ACRE IN THE R-4 (TWO FAMILY RESIDENTIAL) DISTRICT PWT DATE 3/7/06 FILE KWP-o6-03 H:\gis\site\k-wpO6-3.dwg Subdi&lon Guarantee W. .',i f Iwx -IMN C N. ON. Issued key V. Guarantee No.: 151978-FT Flathead County Title Company 120 FirstAve. WestjP,O. Box 188, Kalispell, MT 59901 rtle Officer: Linette Craver Phone: (406)755-5028 FAX: (406)755-3299 Form No. 1282 (Rev 12/15/95) Subdivision Guarantee Guarani fro.. 1 1 -FT Form 1349 LTA Guarantee Face Page (Revised` FibAmerican ritle Insurance Cojnpal7Y SUBJECT TO THE EXC LU SIONS FROM COVERAGE, THE LIMITS OF LIABILM AND TH E CO NDITIONS AND STIPULATIONS OF THIS GUARANTEE, RistAmerican riffe Insurance Company corporation, herein called the Company GUARANTEES the Assured narned 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. flathead Cnrrnty r/tfe Cantpany AUTHORIZED SIGNATORY Z l Z 10:16 AM PAUt q/Q10 k-ax bUINUI, Subdivision Guarantee Guarantee No., -FT SUBDIVISION PROPOSED SUBDIVISION GUARANTEE Order No.: 1.-FT Guarantee No.-. 1 1 -FT Fes: $125.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIA IL T , AND OTHER PROVISIONS OF THE CONDITIONS AND STIP LATIONS HERETO ANNEXED AND MADE A PART OF THIS G UARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding ,0a. 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 Regal description: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP NORTH, RANGE WEST, P.M.M., FLATHEAD COUNTY, NTA A AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM MENCING AT THE NORTH EAST CORNER OF THAT TRACT INDICATED ON DEED EXHIBIT RECORDED IN BOOK 515 PAGE 897, RECORDS OF FLATHEAD COUNTY AND WHICH POINT IS THE TRUE PINT OF BEGINNING; THENCE SD 0 ' 12"W, ON AND ALONG THE WEST RIGHT-OF-WAY BOUNDARY OF FIFTH "EN"ENU F WEST, A DISTANCE OF 61.53 FEET TO A POINT; THE 88"I #'W, AND LEAVING SAID WT BOUNDARY, A DISTANCE OF 170.00 FEET TO A POINT; THENCE N 0 '1 ''E, AND PARALLEL WITH SAID WEST RIGHT-OF-WAY UNDARY OF FIFTH AVENUE WEST, A DISTANCE OF 61.53 FEET TO A POINT; THENCE N 80 ' "` E, A DISTANCE OF 170.00 FEET TO TH E TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND SHALL BE KNOWN AND DESIGNATED A It DIVII N PLAT OF CRYSTAL FALLS'* 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 Mats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: The Villas, LL Parties holding liens or encumbrances on the title to said lards are: Whitefish Credit Union C Easements, claims of easements and restriction agreements of record are: Subdivision Guarantee Guaranty o.:1 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. County read rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder to Title 70, Chapter 2 1, 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 raps on file in the office of the County Surveyor of Flathead County. . 2006 taxes and special assessments are a lien; arnou is not yet determined or parable; The first one-half becomes delinquent after November ember oth 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 Ist Half 2nd half parcel Number 2005 $33 1.43paid $331-42 paid 0313100 . Easement for pipeline for the distribution of gas granted to Montana power Company recorded July % 1962 in Boob 447,, page 432, as Doc. No. 5733 and July 30, 1962 in Boob 447, Page 453, as Doc. No. 5754. . Trust Indenture, to secure an original indebtedness of 7 , 00.00, dated September 23, 2005 and any other amounts and/or obligations secured thereby Recorded: September 27, 2005 , as Doc. No. 200-70M13 0 Grantor: The Villas, LLC Trustee: Hathead Counter Title Beneficiary: Whitefish Credit Union* 6. All ratters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by the proposed plat of said subdivision in our possession , but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial stags, or national origin to the extent such covenants, conditions or restrictions violate 42 USCoc. The described property is located in Kalispell Fire District, Date of Guarantee: February 06, 2006 at 7: o A.M. Subdivision, Guarantee SCHEDULE OF EXCLUSIONS FROM CO EiIZA E OF THIS GUARANTEE Guarantee No.: 1 1 7 - .. 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, encu rances, adverse clairns 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, () Proceedings by a public agency which may insult in taxes or assessments, or notices of such proceedings, whether or not the ratters excluded under 1 or ) are shown by the records of the taxing authority or by the public records. c ( npatented ,,tinning claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, clairns or title to water, whether or not the matters excluded user or are shown by the public reoords, . Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assurrtes no lability for loss or damage by reason, of the following; a) Defects, liens, encumbrances, adverse claims or other ,,tatters affecting the title to any property beyond the lines of the land express r 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 r ht to maintain therein, 'saint&, tunnels, ramps, or any structure or improvements; or a ny rights or easernents therein, unless such property, rights or easements acre expressly and specificla4 set forth, in said descriptions. b) Defects, lien s, encumbrances, adverse claims or other ma tters, whether or ,not shown by the public records; (I.) which are created, suffered, assumed or agreed to by one or more of the Assureds; () which result in no lass to the Assured; or which do not result in the invalidity or potential invalidity of any judicial or non -judicial p roce eding which is within thre scope and purpose of the assurance provided. c The identity of any party shown or referred to in Schedu A. d) The validity, legal ef#'ect or priiornty of arty €'natter shown or ferred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definitions of Terms. The foil wing tens when used in the Guarantee meant: a) the "Assured'. the party or pares ,tanned as the Ass ured in this Guarantee, or on a su p pleme nta I writing executed by the Company. b "land': the land described or referred to in Schedule (C) or in Part 2, and improvements affixed thereto which by lair constitute real property, The term 'land" does not include any pro perty beyond thte lines of the area described or referred to in Schedule (A) (C) or in Part 2., ,tor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) ',mortgage": mo rtga ge, deed of trust, trust deed, a other securky ins tru ment. d "public records* . records established under state statutes at Date of Guara€rtee for the purpose of irnpartin 9 constructive €notice of ,,tatters relating to real property► to purchasers for value and without knowledge. e *date": the effective date. . Notice of Claim to be Given by Assured Claimant. Are Assured shall note 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 w hrich rnight cause loss or damage for which the Company moy 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, . No Duty to Defend or A ecu te. 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, Company's; Option to Defend or Prosecute Actions; Duty of lured Claimant to Cooperate. Even through 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 limiters in bj, 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 Assumed, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate actions under the term 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 tights under this paragraphs, 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 dghtt 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 judgmsernt or order. d) In all oases 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 themin, 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 dive 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 Cornpany 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 cooperations, the Company's obligations to thre Assured under the Guarantee shall terminate. . Proof of L s or Dam age. Ira addition to and after the notices required under Section 2 of these Co d iflo ns and Stipulations have been provided to the Company, a proof of loss or damage signers and sworn, to by the Assume shall be furnished to the Company within ,ninety (g days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the ,,ratters coven by this Guarantee which constitute the basis of loss or damage and shall stater to the extent possible, the bass of calculating the a€nount of the loss or darnsage. 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 reasonably tires 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, wh h 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 rne mo randa 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 oaths, produce ether reasonably requested inforrrnatbn or grant permissions to secure reasonably necessary €nfot-mation from third parties as required in the above paragraph, unless prohibited by law or govern rrtal regu ation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Subdivision Guaranty 6. Options to Pay or Otherwise SettleClaims: Termination of Uabilityt In case of a claim under this Guarantee, the Company shall have the following additional options: a To Pay or Tender Payment of the Arnount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or com pro rnise for or in the name of the Assured any claim vihich 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 li nholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together withr a ray costs, reason akble attorneys" few and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payrmnt 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 Corn pany offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, tog Cher with arty 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 Panes Other Than the Assured or Wth the Assured Claimant. To pay or otherwise settle with other parties for or in the na rye of art Assured clairnant any claim Assured against under this Guarantee, together with any costs, attorneys" fees and expenses incurred by the Assured claimant which were author�ed 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 lass or damage, other than to make the payment required in that paragraph, shall terminate, including any Dbligation to continue the defense or prosecution of any litigation for r hich the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liiabilit . This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured ctaimant who has suffered loss or darroge by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and sub, ct to the Exclusions From Coverage of This Guarantee. The Liability of the Compa ny under this Guarantee to the Assured shall trot exceed the least of: a the amount of liability stated in Schedule A or in Fart ; b) the amount of the unpaid principal indebtedness secured by the rw image 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, tagether- 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 sub*—t to any defect, lien or encumbrance Assured against by this Guarantee. B. h. .nation 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 diluent manner fay any method, including Rig ation and the completion of any appeals therefrom, it shall have fulty performed its obligations with respect to that kter and shall not be liable for any loss or damage caused thereby. (b) Ire the event of any litigation by the Company or with the Cornpany's consent, the Company shall have no Hab€lity for loss or damage until there has been a final determination by a court of competent jurisdiction, ari disposition of all appeals threref rorn, adverse to the title, as stated herein . Guarantee No.: 151 I " (c) The Com pang shall not be liable for loss or damage to any lured for liability voluntarily assun-ed by the Assured in settling any claim or suit without the prior written consent of the Company 9. Reduction Uability 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 lass or damage has been definitely freed in accordance with these Conditions and Stipulations, the loss or damage shall he payable within thirty (g) days thereafter. 11. Subrogation upon Pa ym en or Settle mnt, 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 cla ima rat. The Company shall be surrogated to and be entitled to all rights and remedies vihich 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• Riga tion 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 air the Assured shrali have recovered its principal., interest, and costs of collection. 12. Arbitration. unless pro h€ibited by applicable law, either the Com pa ny or thre Assured may demand arbitration pursuant to the Title Insurance Arbitration Mules of the American Arbitration Association. Arbitrable matters may include, but are not limited for 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 Anmunt of Liab€lity is 1,000,000 or ies9 shall be arbitrated at the option of e0er the Company or the Assured. All arbitrable matters when the armunt of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Mules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laves of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrators) may be entered in arty court having jrrisd�ction thereof. The law of the sit€rs of the lard shall apply to an arbitration under the Title Insurance Arbitration Proles. A copy of the Rules may be obtained f rom the Company upon request, 13. Liability Limited to This Guarantee* Guarantee Entire Contract. a This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In inberpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. c o amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vie President, the Secretary, an Assistant Secretary, or validating offer or authorized signatory of the Company. 14. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be fumishted the Company shall include the number of this Guarantee and shall be addressed to the Company at 1 Rrst American Way., Santa Ana, CA. 92707, For M No. 1 32. (Rev. 1 ,;A5/ 5) 1 PAVE 8/010 PA r v z' Subdivision Guarantee Guarantee o.: 1519 - r Flathead C:o.untv 0 ONN YA Tit A ................... 1-e Conipany 120 First Ave. West/P.O. Box 18$, Kalispell,, MT 59901 Phone (406)755-SQ28 - Fax (406)755-3299 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. Applilcabillity This Privacy Policy overns our use of the information which you provide to us. It does not govern the manner in which we may use information we nave obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its FaIrfa-mc ` Values, a copy of which can be found on our website at www,frrstarn.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: 40 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; 0 Information about your transactions with us, our affiliated companies, or others; and 0 Information we receive frcn 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 �,r�rill not release your information to nonaffiliated parties except: as necessaryfor us to provide the product or ted of us; or as permitted law. We may, however, store such information indefinitely# including the service you have requested � � y� rod after which an customer relationship has ceased, Such information may be used for any internal purpose, such as quality control efforts or custcmer 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 ent advisory companies or companies involved in real estate services, such as a praisal and escrow companies. urtherrnore we may also provide all the information we coFiect, as companies, home warranty corrlpaes, a p � p described above, to companies that perform marl eting services on our, behalf, on behalf of our affiliated companies, or to other financial institutions w h whom we or our affiliated companies have joint marl eting 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.. � e restrict access to nonpublic personal nfo�aLion about you to those Individuals and entities who creed tonow 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 Americans FaIrInformation Values we currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. #D 2001 The First American Corporation * All Rights Reserved W-Mb Pool IMOW 140 500, pm Y I iaE� r low, r �* t 41' imp poll L wrr � to It ta Ol qp& PO don lot NOR a rra- 1w V wow P • "0 + � t r'� a A. .� ft ' *{ww all k 4, Fff NON qw ' * 40 # �� � '•, .AAA' �� +fir r� k #, Olt 01 �f �* � f• � F � �Fi _ r yl ,OIL it yam' lothILF +�# �iil�ww 1 jArl ?avail r. rp am sr� • F ■EEKyF�kr,.