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4. Final Plat - Cascade Business ParkREPORT To: FROM* City of Kalispell Planning Department 17 -2,nd Street East,, Suite 2 1,, Kalispell, Montana 59901 Kalispell Mayor and. City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Telephone: (406) 751-1 5o .fax: 06 75 - 1 5 We i e: kalispellplanning.com SUBJECT Flnal. Plat for the Amd Plat of Lot 1 of the Amended Plat of a. Portion of Gateway Nest Addition #34 AKA: Cascade Business Farb IdEETI`G DATE- May 1, 200 BACKGROUND: This is a request from Schwarz Engineen*ng for final plat approval of the Arad Plat of Lot 1 of the Amended. Plat of a portion of Gateway West Addition #34 AKA: Cascade Business Dark Subdivision that plats 6 commercial lots on approximately I I.3 acres. The property is located. south of Two Mile Drive, west of the Gateway West Mall and north and east of the existing Crop Hail. Building in Kalispell. The property can be described as the Amended Flat of Lot 1 of the Amended Plat of a Portion of Gateway West Addition 34 located in section 12, Tovmship 28 Now, age 21 Westl . M. M. , Flathead County, Montana. 'rye Kalispell City council approved this subdivision subject to 15 conditions on December 20, 200. All of the conditions have been adequately met or otherwise adequately addressed. A Subdivision Improvements ents Agreement along with a certificate of deposit in the amount of $8,437.50 has been submitted with this plat to address 125% of the cost to install street gees, a. cluster mailbox unit, signs and seeding of the boulevard.. The improvements are anticipated to be completed by April 10, 2007 with the certificate of deposit expiring o days after the anticipated completion date. The Kalispell Public Works Department and Parks and Recreation Department have reviewed and approved the estimated costs to complete the items fisted in. the S A. RWMMN A N: A motion to approve the final plat for the Amd Plat of Lot 1 of the Amended Plat of a Portion of Gateway Nest Addition #34 AKA: Cascade Business lark Subdivision and to accept the Subdivision Improvements Agreement would be in order. FISCAL EFFECT'S: Minor positive impacts once developed.. AL' 'ERNTrM: As suggested by the city council. Respectfully s tted, Scan Conrad Senior Planner Reportcompiled: April 24, 2006 Attachments: Letter of transmittal ttal ames H. Patrick City Manager Final plat apphcation and supporting documents SUBDIVISION IMYROVEMENT AGREEMENT THIS AGREEMENT; made an d entered into this I Oth day of Af ri 121006, by and between: the .fix ." { COUINCIL, City of Kalispell, Party of the First Part and hereinafter referred s tile Ciffy, and 1.00 'i a cial Drive LLC, whose address is 1.00Financial Drive, Suite 300, Kalispell, MT 59901, Party f the Second Part and hereinafter referred to as DEVELOPER. THAT WH. REASI the Developer Is the owner and developer of a new subdivision known as HE AMENDED PLAT LOT I OF THE AMENDED A F A PORTION OF GATEWAY WEST ADDITION NO. 34. located In S /4, Section 1.2. T 28N, R22W, Flathead oLinty, Montana and., WHEREAS. the City has conditioned its approval the final plat of The aniended plat of i_}ot .i of the amended plat of a portion of Gateway West Addition #34 upon the conditions as set forth in the Preliminary Fiat of the Subdivision ein completed and all improvements as cited In "Exhibit " have not been completed at this time., and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A" and WHEREAS, the City's Subdivision Re lati l .s require that a subdivider s� afll rovid e financial security of 125% of the estimated total cost of construction of said improvements as evidenced byan estimate prepared by a licensed ed r ession l engineer included herewith as "Exh b-It "{ and WHEREAS, the estimated total cost of construction of said improvements is the s= of $6,0.. NOW, THEREFORE, in consideration the approval the final plat of said Subdivision by the City, the Developer hereby agrees as Follows: i . The Developer shall deposit as collateral with the City a Certificate of Deposit, in the amount of S�, . . Said Certificates .l e sits have a . ex irati. n date at least sixty(60)days it in the date set for completion of the improvements,, certifying the following: Subdivision Improvements �r n-eat - Amended plat of LotI of'the Amendedplaiof a portion of Gateway West Addition Subdivision, Kalispell., MT Page I of 5 4110106 a. That the creditor guarantees funds in the sung of , 37.50, 25% of the estimated cost of completing the required improvements in amended plat of lot I of the amended plat of portion of Gateway West Addition #34 Subdivision. . That if the Developer fairs to complete the specified improvements within the required Period, the creditor will pay to the City immediately, and without further action, such funds as are .necessary to finance the completion of those improvements up to the limit of credit stated in the letter. 2. That said required improvements shall be fully completed by April 10, 2007. . That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying than a. All required improvements are complete; b. That the improvements are 1n compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two 2 years from the date of acceptance of the completion of those improvements by the City; e. That the Developer knows of no defects in those improvements; d* That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been Bled with the City; and, f. All applicable fees and surcharges have been paid. . The Developer shall cause to be filed with the City copies of final plans, profiles, graces and specifications of said improvements, with the ceirtification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. Subdivision Improvements ,agreement -- Amended plat of Lot I of the A mended Plat of a portion of Gateway West ,addition Subdivision, Kalispell, MT Page 2 of 5 4110106 IT 15 ALSO AGRU]BY AND BETWEEN AR 8HERETO AS 0OLLOWN, G- WTT: That ft DewloPer shR11 PrOde for ikon of all wired improvements by a rekycd mofession4l aiginm more the Dever shall he roland from the Subdivision ovnmem greemerf That if the City detemines that any immvements = not comtructed in compliance with the "r-ifl ua6ons, it shall fish the .Devlop,cr with a hst of qwMr, deftf encies and may withWd colI i�r1. suffiolent to enswe suohcompliance. If the City deternines that the Dew1oper will not construct any or all of ���.� �� the specifications, �d U�� May withdraw the collateml ad ploy such ids as may be neceaury to commuct tho improvement mprovmenaocor&cc with the gmffimon. The used won& of the collam.4 shall be rumed to the Dmopr or the =Aiting Mt6wr4 as is appropriate. IN WITNESS WflZM0 , the Pesos bavo havvW sd their hands and mls the day emd year li rei . before writen- 100 F'intandal Drive LLC,411 xUbdivislon, Kalopek JW Pasw 3 qf 5 411012006 STATE OF .F Cut'"y On day of .... 20tk_o, before rw, a Notaxy Nblic for tht, State of Mot taina, pmmslly appmed Rtj�,, kwwn to tue to be the RmWent of 101) Fluanthd Drive LLC,, whom ngirae is subsmibcd to the forcong inshument and jomawledw to rna ftt he(sbe executcd the same, IN WMESS WKWOF, T have hemurto set my and yvar first abm mittm - Notary Publi(; for the State of lz 11114 d "",Varial Seal this day TAP lid EAl A� 0 116 Q 0 M0 y Commission Expires; MAYOR, CrTY OF KALISPELL By: Mayor, ATTEST,-, Finance Dimewr M.11N*Vbion rrimnwotsAgr"nuod - Apwdaiplaz of LN I p(Ilso Amen6djolai qfa p"fjin qf-Gw.&wdv IMP ap Adduion Subdjwsijn, Kcdh�p*ll, Aff Pogo 4 l7f 3 4110M . XHIBJTA Conditions of approval as fixed to the prefinifflary flat by the City Council, Kallspel;, M. ntanci. EXHIBIT B This i- ement .i `i ifollow'n impro tnent , their projected c n. tructi ll completion date and estimatedconstruction costs, CONSTRUCTION COMPLETION DATE ESTIMATED COSTS T h Mail Box 04/10/07` i e0() Seeding 11 1 7 1,000.00 Tr 1 S.),000,00 S. IgyII S 0 1 l Subtotal $6-17-50,00 TOTAL COST $6750.00 Subdi isioti Improvements Agreement -A mencled i o � Lot I of the } inended plat of a portion o .� lewa W t Addit on 3- -SUbdivisioji, Aafispefl, .44T Page 5 of 5 41.10106 City of Kalispell Planning Department 7 - 2nd Street East, Suite 211, Kalispell, Montana a 5990 Telephone: 06 751-1850 Fax: 06 7 5 - 1 5 Website: kal spellpla ning*com Apr-1 2, 2oo6 James H. Patrick, city Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Rey Final Plat for the Amd Plat of Lot 1 of the Amended Plat of a Portion of Gateway West Addition #34 AKA: Cascade Business park Dear Jim: Our office has received an application from Schwarz En i eerin for final plat approval of the Amd Flat of Lot 1 of the Amended Plat of a portion of Gateway West Addition #34 AKA: Cascade Business Park Subdivision that plats 6 commercial lots on approximately 1 ..3 acres. The property 's located south of Two Mile Drive and west of the Gateway West Mall port and cast of the existing Crop Hail Building in the west part of Kalispell. The property can be descnffied as the Amended Plat of the Amended plat of Part of Gateway West Addition 3 located in Section 12, Township 28 North., Range 21 West, . M . M. , Flathead County, Montana. The Kalispell city Council approved this subdivision subject to 15 conditions on December 20, 2004. All of the conditions have been adequately met o otherwise adequately addressed. A Subdivision improvements Agreement t SIA along with a certificate of deposit in the amount of $8,437.50 has been submitted with this plat to address 25 of the cost to install street trees, a cluster mailbox nit, signs and seeding of the boulevard. The improvements are anticipated to he completed by Apnd 10, 2007 with the certificate of deposit expiring 60 days after the anticipated completion date. The Kalispell Public Works Department and 'arks and Recreation. Department have reviewed are approved the estimated costs to complete the items .s listed in the SlA. 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. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No 1. That the development of the site Will be In substantial conformance with the approved prell urinary plat which shall govern the general location of the lots and accesses. This condition has been met. The final plat is in substantial compliance with the preliminary plat that was submitted. The Council approved an lot commercial subdivision in December of Zoo . The final plat has been modified slightly to create a larger lot 3 thus eliminating lots 4 and 5 as shown on the preliminary plat. Also, the boundary of lots 4 and 5 as shown on the final plat have been altered slightly. Conctition No 2. That the infrastructure for the subdivision shall be designed and constructed in comphance with the City of Kahspell's Design and Construction Standards for local streets which sha.11 include a minimum 24 foot wide paved roadway, curb, gutter, sidewalk and a. landscape boulevard.. Except that a variance shall be granted allowing a 40 foot right-of-way for the full length. of Financial Drive with the improvements to be reviewed and approved by the Kalispell Public Works Department that include a rninimum 24 foot wide paved roadway, curb, gutter and attached sidewalk on both sides of the street. Street trees are to be placed along the western side of Financial Drive within the previously required 20 foot right-of-way. Certification from an engineer licensed in the state of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly A letter dated April 11, 2006 from. the Kalispell Public works Department states that the Department has approved the existing completed improvements except those listed in the Subdivision. Improvement Agreement. A letter was included in the final plat application from. Marc Pitman, p.E,, of Schwarz Engineering stating that all improvements have been installed per the approved plans* Condition N. 3* That a letter from. the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all improvements including sower facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell "s Design and. Construction. Standards and have been review and approved for compliance with those standards. A. letter from the Kalispell Public Works Department dated April 14, 2005 states that the Department has reviewed and approved the and plans specifications for the subdivision. This includes the items listed in condition 3. Condition No. 4. That a. letter from the Kalispell Public Works Department shall e obtained which states that the proposed plans and specifications all improvements including serer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Ka ispell's resign and Construction uctien Standards and have been review and approved for compliance with those standards. Condition 'is met. Sarre as condition 3. Condition No. 5. A letter from. the Kalispell Public Works Department shall be obtained which states that a. storm water drainage plan which addresses storm water management using on -site retention methods has been reviewed and approved. letter from the Kalispell Public Works Department dated April 14, 2005 states that the Department has reviewed and approved the plans and specifications for the subdivision. This includes a storm water drainage plan • Condition No. 6# That the 1. -year floodplain along the Spring Creek drainage e indicated on the face of the final plat and prohibiting the placement of st uctures in this area. The 1 00-year fldpla.in is shown on the final plat. A statement also appears n the final plat prohibiting structures to be placed within. the 1-year floodplain. Conditlion No. 7. That a common mail facility be located for the subdivision and be approved by the local postmaster. This condition is met. The post office has required a central box unit(CBU) e placed. along Financial. Drive to serve the subdivision. The owners have included the cost of purchasing and installing the C 1 in their SPA. Condition No. 8. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices ices Manual. This condition is met. Although the Subdivision Improvement Agreement lists signs as one of the outstanding 'items needing to be completed, the sins have been installed in accordance with the policies ofthe Kalispell Public Works Department and the Uniform Traffic Control Devices Ma.nu al , Col No. 9. That a letter be obtained from. the Kalispell Fire Department approving the number and location of fire hydrants within the subdivision, the access and suppression system and compliance with the Uniform Fire Code. This condition is met. The Kalispell Fire Department, in a memo dated Apn*I 5, 2006, stated that they have approved the fare hydrant locations, access and suppression systems for the subdivision. Condition No. 10. That any areas disturbed duringconstruction be re - vegetated with a. weed -free nix In accordance with a plan approved by the Kalispell .darks and Recreation Department. This condition is met. The majority of infrastructure is In place and remaining items will not disturb the soil. Condition No. 11.That an easement be indicated on proposed Lots 1 and 2 to accommodate the water line that runs through the lots and that a building pad area be designated on the plat that ensures that no structure would be placed over the easement. This condition is met. An easement is shown on the final plat to accornmo ate the water line on lots 1 and 2. Building pads were required to be shown on the final plat because during r lin .lra ark review a water line was located in the buildable area of lots I and 2. The water line has since been relocated to the easement shown on the boundary lines of the lots. Therefore, there is no need to show the building pads on the lots. Condition No. 12.All new utilities shad be installed underground. • This condition is met. All utilities have been installed underground. Condition No. 13. street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. This condition is met. The installed lighting is shielded so it does not intrude unnecessarily onto adjoining properties. Condition No. 14.That a minimum of tiro -thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. This condition has been met. The only work remaining is to install street trees, landscaping in the boulevards and the mailbox. Condition No. 15.That the relimm* ar plat shall be valid for a period of three years from the date of approval. *This condition has been met. The preliminary plat will expire on December 2o,� 2007. COMPLIANCE WITH "PROVED PRELIMINARY PLAT The final plat is in substantial tia compliance ance with the preliminary plat which was reviewed and approved by the Kalispell city council on December 20, 2004. COMPLIANCE WITH THE SU I SION REGULATIONS. This subdivision plat has been found to be in compliance ce with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING RZGULA IONS This subdivi;sion can be found to be in compliance with the Kalispell Zoning Ordinance and. the -3, Community Business District zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. It can be found that the conditions of preliminary plat approval have been met r are otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for the Amd Plat of Lot I of the Amended Plat of a Portion of Gateway West Addition 3 AKA Cascade Business Park Subdivision. Please schedule this utter for the regular city council meeting of May 1, 2006. Sincere-,;r I .,, Sean Conrad Senior Planner Attachments: 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 copy of final plat Letter from Schwarz Engineering Final plat application dated 4/ I / 06 Ltr from Montana DEQ dated 4/25/05 Ltr from USPS dated 1 / 10/05 Ltr from Kalispell Fire Dept dated 4/5/06 Ltr from Kalispell Parks Dept dated 4/ 10/06 Ltr from the Kalispell Public Works Department 4/14/05 Ltr from the Kalispell Pubic Works Department 4/14J05 dated dated Ltr from the Kalispell Plublic Works DepaAment dated / . / o6 Ltr from Mare Pitman of Se wiz Engineering dated / 5 o6 Title report from Chicago Title Insurance Policy No. 20 26-13 dated 3 29 o Consent to plat from Whitefish Credit Union dated 3 / 31 / o Consent to plat for.. Mountain West Bank of Kalispell dated /20/06 Treasurers Certification dat 1 3/30/06 Subdivision improvements agreement dated / 1o/o for $8A37.50 11 x Copy of plat Copy w att: Theresa White, Kalispell City Clerk Copy w/o att: Schwarz Engineering, 100 Financial Dave, Suite 120, Kalispell MT 59901 100 Financial Drive LLC, 5156 W Golden oak Lane, Highland UT 84003 A RC H I T CTU R E April 6 # Zoo Tom Jentz Kali ell Planning e a tme t -2" street East, Suite 211 Kaliselle Mt 5o :e: aaseade Business Park Final Plat Gear mr#. Jent ; Submitted for your review is the Came Bu5iness Park Final Plat. Thi5 Plat is an & lot major 5ubdivisioti irl Kallpell off Financial Prive, in Section 2, Township 2a North, Range 21 ^e t. Preliminary approval was given by the city Coum6il on Pec*erriber20, 2004 s e t to 15 60nltio a. ZubdiyisiOM lmprovement5 Agreement and e-ahler5 cheep are attached for the remainder of the improvement5. Street trees, road 5igns,, seed ire $ lighting and a 6lus.ter box with pedestal are all part of that agreement. The development of the site Will be in substantial eomformanae with the approved preliminary plat which shall govern the general looa iom of the lote and access. • The condition has been met. The layout design has been zorMeWhat modified but was not deemed a substantial deviation by the Planning i;>eartmet. 2 - That the infrastructure for the subdivision shall a designed and onat e,ted In compliance With the City of Kalispell's Pesign and Con5truation etandards for local streets which shall 1n l de a minirmum 24 foot Lvl a paved roadway, curb, gutted sidewalk and a landscape boulevard. crept that a valane shall be granted allowing a 4o foot right-of-way for the full length of Finamaial Vrive with the improvements to be reviewed and approved by the Kalispell PubliNorkqdepartment that lnol e a minimum .24 foot paved roadway, curb, gutter, and attaohed sidewalks on both ralde of the street. Street trees are to be placed along the western sine o ianoial Prive within the previously required 20 foot right-o--way. Certifi6ation froman engineer, lioense l In the state of Montana shall be submitted with the final plat Stating that all of the improvements have been aonstruc,ted aceordingly. The condition has been met. The roadway is 24 Feet and waved, including 6urb, nutter and sidewalk. The landscape boulevard levan and trees are 41l ed in the Subdivision Improvements ent greer ent. C-- 100 Financial Dr., Suite 1 - Kalispell} MT 59901 -- Tel: 406.755.1333 - Fax: 406.755.1310 - wvvw.schwarzae.com ARCHITECTURE ............. W7777 185;71 - That a letter from the Kalb ell Public, ^orks Pepartment shall be obtained whieoh states that the proposed plane and speeificatiom5 all 5CHWARZ improvements Including sewer faeflities, road paving, curbs, gutters, sidewalks, landseaping and drainage ey5tems have been reviewed and approved 'in aeoordatice with Kal el 's Oe5ign and Construction S ardard and have been reviewed and approved for compliance with those standards. The 6ondition has been met. The Public works letter of approval is attached to tH15 submittal, same Condition as #5. letter from the Kalispell Public Aorke Pepartment shall be obtained w i states that a storm water drainage plan whiah addresses storm water management using on -site retention methods hary been reviewed and approved. • The condition 15 met. A letter from Public. Norks 15 attached approving e storm water drainage, water, sewer, paying, curb and gutter. That the too -year f looaain along the Spring Creek d raiage be I d 6a ed on the face of the final plat and prohibiting the placement o structures in thisarea. The condition is met. The too -year floodplain ie 61early delineated o the face of the final plat. That a common rnafl facility be located for the subdivision and be approved by the local postmaster. The condition is met_ The letter from the postmaster approving mail delivery is attached. The cluster box and pad are inled in the 51. The roads within the subdivirpion shall be named and 519med in aac,ordanc.e with the poli(:,jes of the Kalispell Public Y4ork5 Department. and the Uniform Traffic. Control Pevire5 manual. The conditiom is met. The streets are named on the final plat. The road algae is part of the 51. - A letter be obtained from the Ka1ell Fire Department approving the er and loeatiom of fire hydrants within the sul%livisiom, the access and suppression 5gstem and complian6e with the Uniform Fire Code. The condition is met. A letter is attached by the Kalispell Fire Pepartment approving fire sre!5i0until site review *19 done on each of 5CHWARZARCHITECTURE AND EN61NEERIN6, INC. 100 Financial Dr., Suite 1 - Kalispell, M - Tel: 406355,1333 R Fax: 406.755.1310 - www.schwarzae.com ARCH ITECTU R o - That any arearo disturbed ed durimg aonstruc:tlonk e re re e a ed with a weed -free mix in accordance with a plan approved by the Kalispell Parke 5CHWARZ and Re6reation Vepartment. • The condition is met. The attached plan was approved log the Kalispell Parks and Recreation Vepartment. The improvements are part of the 51A. - That an easement be indicated on proposed lots 1 and 2 to aeomrnodae the uvaer line that rums through the lots and that a building pad area be designated on the plat that ensures that no structure would be placed over the ea ermem . The bond i i r is met. The easement ie indicated on the fa6e of the final plat. 2 - All new utilities shall be installed underground. The 6ondi i n is meta all utilities are installed underground. 5 - street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. The 6ondiion will be met through the SIA agreement. All lighting will be installed that 'is shielded and does not intrude onto adjoining properties. See VA. That a minimum of two-thirds of the necessary Infrastructure for this subdivision al e c-ompleted prior to final plat submittal. • over two-thirds of the work has been completed. All that remains i landscaping, lights, trees, a cluster maflox and road Signs. All are inlded in the 51. That the preliminary plat shall be valid for a period of three years from the date of approval. • The eonditlon is met. The final plat has been submitted well before the eoemer lox Zoo expiration date. SCE- WARZ ARCHITECTURE AND E N61 N E E R N , INC. 100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel; .7 .13 - Fax: 406.755.1310 R www.5chwarzae.com ARCH ITECTU R W77771 M. The title report, tax eiicee Pro approval and other mee..essary letter :w of approvalare attaehed. Your timeig review is appreciated. Please do HWARZ not hesitate to Ball with any questions. John oio sahwarz Arehiteeture and Engineering 5CI- AI Z ARCHITECTURE AND EN6 N E Rl N6, INC. 100 Financial Dr., Suite 120 - Kalispell{ MT 59901 -- Tel: 406,755J333 -- Fax: 406.755.1310 - ww.. w r e. o City of Kalispell Planning Department d 1 - 2 Street East, Suite 211, Kalispell, Montana 59901 `ors: o - 80 Fax: o 1-88 FINAL PLAN' APPLICATION Amended Plat Lot 1 of the tended Plat of a Portion -of Gateway Project /Subdivision Name: �ASCAVE BUSINESS PARK ��. �TAV-%c-t Add. Contact Person: Owner & Mailing Address: Address: FINANCIAL PRIVE, SUITE 120 5156 A &OLDEN OAK LANE Phone No.: 5-1555 Date of Prelir inairy Plat Approval: OECEMBER 20, 2004 Type of Subdivision: Residential I .d str a Commercial -6 PUD Other Total Number of Lots in Subdivision & Land in Project (acres) Parkland (acres) _....N/,h No. of Lots by Type: Single Family Duplex Commercial .5 ACRES Cash --Lieu Townhouse se Apartment Industrial Exempt Mobile Home Park Recreational Vehicle Park Planned Unit Development Co .domm' iu Multi -Family other Legal Description of the Property LOT 1 OF THE AMENW PLAT OF FART OF THE GvATE�NAY YSEST AIPE71TION #34. FILING FEE ATTACHED $1250.00 - Mirror Subdivision with approved preliminary Plat $400 + $ 100 /lot Major Subdivision with. approved preliminary plat $650 + $100/lot Subdivisions with Waiver of Preliminary Plat $600 + $100/lot Subdivision Improvements ents ►greeme .t $ 50 1 Attached Not Applicable (MUST CHECK ONE) Health Department t Cert f at .on figina . X Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision hnrove er is Agreement ent (Attach collateral) Parkland Cash -in -Lieu (Check attached) X Maintenance ce Agreement Plats: 1 opaque OR 2 mylars I mylar copy I signed blueline l gel fines lel Ines0 ,, �d 1 1X17 Copy 11 X 1 7 Copy The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification,, ,, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place"' are not acceptable. A. complete final plat application must be submitted no less than o 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 goveming body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Charges to the approved preliminary plat may necessitate reconsideration by the planning board. certify that all information submitted is true, accurate and complete. I understand that incomplete i formation will not be accepted and that false infor nation will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning in staff to be present on the property for routine monitoring and inspection during the approval and development process. NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat ap lications be accompanied with a digital copy. ,,, ;::� - 4,,3.,,, 2oo�o Owner(s) Signature Date digital copy of the final plat in a Drawing Interchange File x format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary ndary of subdivision 2. Lot or park boundaries 3. Easements . Roads or rights -of -way 5. A tic to either are existing subdivision comer or a comer of the public land survey system. Montana Department of NVIRONMENTAL UALITY *ftml .. ..... ............. Q) P.O. Box 200901 6Helena, MT 59620-0901 Apr --I 25, 2005 Schwarz Architecture & Egl .eering inc Marc LIee tl Vr Kalispell. MT 59901 ]ear Mr Liechl: Bran Schweitzer, Governor RE: Amended Flat of Amended Flat of Part of Gateway west Addition 34 Municipal Facilities Exclusion EQ#05-2639 City of Kalispell Flathead County This is to certify that the information and fees received by the :Department o f Enviro=e tal Qual ty relati.n to this subdivision are in compliance with -4- f 7, MCA and ARM 17. .602. Under -4- f 2 2 , MCA, this subdivision is not subject to review, and the Plat can be filed withthe county clerk and. recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water o disposal of sewage are . .ro ose176-4-111. (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. .this fie has been ma" e CI t +� .r , Kalisp,0.11. Office f .--r thfC-;;---- Sincerely, F ant Skaariand Compliance Technician Subdivision Section Wafer Protection Bureau (406) 444-1801 — email jskaarlandCstate.mi.us cc: City Engineer County Sanitarian file R ECEI V ED APR 2 g 2005 Enforcement Division - Permitting . Compliance Division # Planning, Prevention & Assistance Division * Remediation Division UNITED STATES 94 COSTAL ,SERVICE 350 N MERIDIAN R KALISPELL, ITT 59901-999 November 10, 2005 Schwarz Architecture & Engineering, Inc. Jeff Goudru 100 Financial Cyr, Ste 120 Kalispell, MT 59901 To Whom It May Concern: Centralized delivery has been approved for Cascade Business Park, located on Cascade Drive. As agreed,, at least one 16 unit Cluster Box Unit C U will be purchased by the developer, based on the pint reap provided. As the developer, you are responsible for obtaining accurate delivery addresses, including future growth. Once this information is available, you will promptly notify the Post office so that mail delivery can be established. The developer will ensure the site approved for mail delivery will allow the carrier to deliver mail with out being within the traffic 'flow (see attached map, 15 ft In after the turn intocul-de-sac). An extension to the width of the side walk north of the CBU will be added in order to meet handicap regulations. If you have any further questions, you may contact roc at 55-6 50. Sincerely, Bush Carter Growth Management RECEI VED 2005' KALISPE FIRE DEPARTMENT Randy Brodehl - Fire Chief Brent L Chfistop ers n- Assistant Chileffrevention Dan Diehl .--- Amistant Chi f/Opertfon 12 First ,avenue East Kalispell, Montana 59901 FAX: -2 TO: TOM JENTZ, PLANNING DIRECTOR FROM: RENT L. CH ST P ERSO , ASSISTANT CN PREVENTION DATE: APRIL 5, 2006 SUBJECT: CASCADE BUSINESS PARK, too FINANCIAL DRIVE -FINAL PLAT APPROVAL i have the following comments on the above project: . hater rains designed to provide minimum fire flows are installed on Financial Drive. As the business park is developed, additional water rains may be required to achieve minimum fire flows in accordance with International Fire Code 2003 Appendix . 2. As the business park is developed, existing hydrants may require relocation, and additional hydrants may be required. In the event additional hydrants are required, they will be installed at locations approved by this department, and prior to combustible construction. 3. Fire Department access is currently adequate, but is subject to review and comment as the business park develops. Please contact me if you have any questions. I can be reached at 758-7761 Vic. Johna Morrison, Schwarz Engineering r1j "As,visling our community in reducing, preventing, and mitigating emergencies. " of a 4 � 35 1 Ave East — P 0 Box 1997 — Kalispell ITT 59903-1 Phone: 405 - Fax: 06) 758-771 Email; parknrec l@ allspell.com Parks and Recreation April 10, 206 Schwartz Architecture Engineering Attn: Johna Morrison, 100 Financial Drive, Suite 120 Kalispell, NIT 59901 Phone: 06- 55-1333 Re: Cascade Business Park Dear Johna: This letter is to serge as approval on the proposed landscaping plans for Cascade Business Park per the plans submitted by your office. It is agreed that if the project is extended the developer will be responsible for bonding for landscaping improvements ents as specified on the submitted plan for thebuilding(s) at Cascade Business Park. Tree plantings are required to meet the street Tree Ordinance standards of 2 Y4" caliper and of an approved species from the Kalispell Parks department planting list. Boulevards are to be seeded or sodded to meet city standards. Bushes to be used as buffers are required to be of planting materials that will reach screening heights to act as adequate buffers. Should you need direction on appropriate bushes for screening purposes, please do not hesitate to contact our oboe. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time bonding and/or letter of credit would be released if it is in place. It should be noted that the trees and landscaping :;apin are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. It has been enjoyable working with you, if you have any concerns or questions please ire rye a call. Sincerely, i Micher, Director Kalispell Parks and Recreation Cc: Tory Jent , Kalispell Planning Ulty of &ali'spell Public Works Department PostOff-iceBox 199i', Kalispell, Montana 5 9903-997-'I"eeoa (4-il6)758-7720, Fax ('406)758-783 3. April 14,, 2005 Schwarz Architecture & Engineering 100 Financial Drive, Suite # 120 Kalispell, Montana 59901 Attention: Marc Uechti R: AMD Plat of AMDPlat of Part of Gateway West Add. 3 Kalispell, Montana Dear Marc: The construction plans and supporting documents for the referenced project are hereby approved with the following comments: . Sheet C 102 — In cul de sac, insure that the pavement grade is 2 and the minimum curb grade is 0.5%. 2, Sheet C 106 — At curb detail on left side under manhole detail, change compaction of asphalt pavement t %. At right side of sheet, delete one the street cross section details and change the compaction the -3 #" store to 95 . Attached is your copy of the letter of approval sent to the Flathead City -County Health Department. We look forward to working with you on this protect. Sincerely, Frank Castles P.E. Assistant City Engineer Attachment: As Stated RECEIVED APR 151005 Al CI*ty of Kali*spell Public Works Department Post Office Box � . Kalispell, a � -1 - Telephone 6 �-' 0, Fax 0 - � 1 April 14, 2005 Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Montana 59901 Attention: Dick Montgomery, P.E. RE* AMD Plat of AMD Plat of Part of Gateway West Add. 3 Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the plans and specifications prepared by Schwarz Architecture & Engineeringir for the referenced prey. The Kalispell water and sanitary sewer systems have adequate capacity to serve the projeft. Please feel free o call if you have any questions. Sincerely, Fran. Castles,, P.E. Assistant CityEngineer Marc L iecI Schwarz Architecture & Engineering HCity of Kalispell Works Department :.}.N.x....u;:::..: 'Office Box 1 i Moan90-1 -Telephone -_ ax III � v Ili April 11,, 2006 too Financial Drive L C too Financial Drive,, Suite Soo Kalispell, Montana 990 Re: Cascade Business Park The Amended Plat Lot 1 of the Amended Play of a Potion of Gateway West Addition No. 34 Kalispell, Montana Attention: Mare Pitman, RE. Gentlemen: HID EC =�V a APR 1j, "i" 2006 0 KAUSPIELL PLANNING DEPARTMENT The City of Kalispell Public Works Department hereby approves the existing, completed improvements except those fisted in the SubdNision Improvement Agreement, Exhibit B, for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: Schwarz Architecture and Engineering,Inc.,, letter dated April s,, 2006, certifying that the improvements within the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the approved plans and specifications,, Our video records of the sanitary sewer system. 3. Receipt of a Subdivision Improvement Agreement, Exhibit B, which contains the total estimated construction costs plus 25 percent covering the estimated costs for the remaining Mail Box, Seeding,, Trees, and Signs. The Subdivision Improvement Agreement,, Exhibit B, is certified by the Subdivision mprovemer t Agreement to being are accurate accounting tin anticipated costs for the remaining r pro ements. Paragraph 3.b. of the Subdivision Improvement Agreement shall be understood to contain a two (2) warranty period. Financial security in the amount of 20% of the competed city owned infrastructure has been received. The two year warranty period for the City owned and maintained existing, completed improvements will commence on April 1.1, 2006. The two year warranty period for the remaining construction will commence upon acceptance by the City of the completed constructed improvements in accordance with approved plans and specifications. If you have any questions, please do not hesitate to contact this office. Si" ly, Frank Castles, P.E. Assistant city Engineer Cc: Seas Conrad Kalispell Panning Office ARCH ITECTU R April 5, 20 Frank Castles,, P.E. City of Kalispell Public works Deparfment , . Box 1997 Kalispell, MT 9 01-1 7 e: Cascade Business Park Subdivision Dear Frank: We hereby certify that we have inspected the improvements to Cascade Business Park. To the best of our knowledge and belief, we have found those improvements not included in the Subdivision Improvement Agreement to be i substantial conformance with the approved plans and specifications. A two Year Warranty Bond in the amount of 20 of the cost of the 'Infrastructure improvements will be submitted with the final plat. Sincerely, SCHWASCHWARZ ARCHITECTURE & ENGINEERING, Inc. { a MarcPitman, P.E. a esery docu ments\Project Rf s asca s I nspec tiara rfsfi ation Letter to Frank Castles, April 5, 2D0. o CH ARZARCHIT CTURE AND EN61NE E R1 N6, INC. 1n an c I a I D r.} Suite 1 - K l 15 pe 11, MT 599 01 - Te 1: 40 6,755.133- Fax: 40 6.755,1310 - www. sc hwa rzae.com CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, MOUNTAfN WEST BANK OF KALISPELL,, N.A., Beneficiary as recorded May 25, 2004 as Instrument No. 2004146163701, Flathead County. Montana, hereby consent to platting and dedication of land included in the plat of CASCADE BUSINESS PARK. INWUNESSTHERE OR, said parties have caused their names to be subscribed thereto, I S '� 6 U- on thday of ........... _, 2006. *4 MOUNTAIN WEST BANK OF KALISPELL,'N.A. By - Richard E. Hart, President STATE OF MONTANA SS: COUNTY OF FLATHEAD ) This instrument was acknowledgcd before me n 2006 . df West Bank of . . Mountain ....... by Kalispell, N, A. All 4 zz� zq­ V' Printed Name Notary Public for the State of Montana Residing at Kalispell ON My Commission Expires: '10 STX Plat Room Flathead County, Montana 800 S. Main St. Kalispell,, MT 59901 (406)758-5510 This Form is for Subdivisions & Con in'lm only MRDT CASCADE INVESTMENTS LLC ESC : GA`IEWAY WEST ADD NO. 34 AMD. LOT I OF AMD PTN. ade Professional Center Condo, 1-1 %, :?� an \0%1V DATE: 8/10105 PURPOSE: M o SUB* YEARS ... ASSESSOR 2000 THXV 2004 0797375 ar Y i "` Y . w+ r .. ._ ,. - .. . ,. :.. �.... � -- } + i r � .. �. +a .at a,• r y, • .. .. .., � � � y � , ♦, ,w ww w 51! Y i W � ar` a`. t x .. r + xx raa +X ,r w � w, •r r i rr w r � a+ i r T< .w .. w• ,.. a a a r ., .. t r w � _. � 5 ' . . � t wr w• w r —... '• a`. w. yA. wr rr• _r _ � � � _aa `aa as rr x i ,w ww rw� � w4 Y 4 w 4 w i r • rw . �, k, ti . a, r rw r _ , . � . �� r � _ r ,. i i• +• r• � _!_ .. _ � w• • - . .._ i ^ - .a .wt r-ri, • w_ __ _. � f _ n rM rw ,. •w +w - . ri yh K 4 Y,' — •— _ ... � �• 4 _ ar at r 4 . a r r, � i • > • _ _ .. .. w Y. a t i+ w• • �q ^' �} ri y. � ,... � ,� r,• � YY .r .: _ . � r .. a, � � ." r � � ar rra a •w � + f � _ ti... r r . _ .,. an W r + Y . ti ar �. + wr rt _ _ . � _ .. . x •w , rw •i — L � .� � � a i r . .. � Y T F1 _ ar n rw r,r y wr � .. ,. �.. , � � ._ ,r � W . y I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. Deputy Treasurer fSpall MAR 3 o ZOO& 0 WNSENT TO PLATTING pursL4ant to Section 16-5-612, Mcik, the w r e n # �WIOCFIO WIC"' NI ,Scmefi ai r ry 2, 2005 * Inst rum ,} Noy 2 deak'ationIons 'Ime-We4 Im the plat of Ce^SCUZINZSSO IN ^ITNSS THEREOF, said parties have a their namery to be si the r is 4ag 4A,+ I ISH C0w=1rtN1c TIC; Loam' STAB OF MN C,Ountw of Flathead) Thici Imstrufflemt Lugs l before m..':.2006 Of Y4hieish i t Union my- w ,_�_..,, .... .x._ f Y{ .r'. fir• Z ., name-. _ ., Notary Public for the "w'ding mg commlawon expires PRELIMINARY SUBDIVISION CERTIFICATE of TITLE To the County o Policy No. 7208926= 13 17 REPLACES 2 --12 3 CHICAGO TITLE INSURANCE COMPANY Flathead and the City of KalJ.spel in Montana CHICAGO TITLEINSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duty authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 2 9 t h day of March 11 2 0 0 6= at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in see attached Exhibit "All subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of10,000-00 This certificate of tine is made in consideration of the payment of the premium m y the subdivider of the land and for the use of the County and City above named. issued by-, S RLIN TITLE SERVICES 211 South R laiia 3 St. -,meet, pa ,, Box 73 (4061752,77207 �Tfle) Fax: I ,4 083' 2.. as 7-5663 �EsQrow) uEhi7['#i'Wl,I]1} CHIC GO 'TITLE INSURANCE COMPANY Preswerd ATTEST IZ41 A seamury Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana EXHIBIT "A" 100 Financial Drive, LLC, A Colorado Limited Liability Company who acquired title as 100 Financial Drive,, LLC, A Montana Limited Liability Company and Cascade Investments, L.L.C., A Montana Limited Liability Company As their interests may appear SCHEDULE Page 2 Certificate No.. 72 2 -131 Replaces 7208926-1293 Our File No.: CG-43104 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: Lot I of THE AMENDED PLAT of A PORTION GATEWAY WEST ADDITION NO. 3 according to the map or plat thereof on fie and of record in the office of the Clerk and Recorder of Flathead County, Montana. o be known as: THE AMENDED PLAN' OF LOTI OF THE AMENDED PLAT OF A PORTION of GATEWAY WEST ADDITION No. 34 Page 3 Certificate No.: 7208926-1317 Replaces 720892 -1293 Our Pile No.. CG-4310 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes for the second half of the year ZQOS. (as to a portion) 2. Property taxes, including are assessments collected with the taxes, for the year 2. 3. Reservations in Patents or the acts authon'zing the issuance thereof. . Mineral rights, claims or title to minerals in or under said lard, including but not limited to netalsl oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other rights relating thereto, whether express or implied, recorded or unrecorded. 5. Delinquent water and sewer charges of the City of Kalispell, if any. . Any claim arising from the difference in the mean low water of Spring Creek and the meander line as shown by the Government Spey. 7. The right of use, control, or regulation by the United States of America in exercise of power over navigation.. 8. Rights of the State of Montana in and to that portion of the land, if any, lying in the bed or former bed of the Spring Creek, if it is navigable. 9. RI ht of the Public to use, for recreational and navigational purposes, any portion of said remises lying below or beyond the line of high-water of Springy; Creel, or lying below or beyond any ;o emment meander line, together with the right to use portions of said premises lying above the high-water line to portage around any barriers. 10. Any easements for ditches and any rights appertaining thereto; notice given by Water bt recorded September 15, 1983 in Book 36, page 482, records of Flathead County, Montana. l 1. Notice of Appropriation of Water Right recorded May 28, 1949 in Book 302 page 428 and conveyance of water rights, contained in instrument recorded December ber , 1972 under Recorder's Pee 11. 7 7, in .hook 547, page 57, records of Flathead County, Montana. Page 4 Certificate No.; 7208926-1317 replaces 720 92 -1293 Our File No.: CG-43104 12. Easement for transmission line and related purposes granted to Mountain States Poorer Company, by instrument recorded March 30, 1951 underRecorder's Fee 15 .7, in Book 317, page 574, and recorded March 30, 1951 under recorder's Fee 152 , in Book 317, page 576, and recorded March 30, 1951 in Book 317, page 582, all records of Flathead County, Montana. 13. Terms and provisions contained in reciprocal Easement Agreement recorded February 6, 19�76 under Recorder's 1� ec # 11 � n Bock 5 9 1, page 868, and amended by instrument recorded February 3, 1984 as Document #840341641, records of Flathead County, Montana. 14. Easement for ingress, egress, utility and parking purposes, granted in instrument recorded February 20, 1976 under recorder's Fee 41667, in Book 592, page 911, records of Flathead County, Montana. 15. Easement for transmission 1 ne and related purposes granted Northwestern Telephone Systems, s, Inc . , by instirument recorded July 8, 1976 under Recorder's Fee 73 3 , in Book 598, page 863, records of Flathead County, Montana. 16. Existing water main and sewer line as shown on the Amended flat of a Portion of Gateway West addition No. 34 and ALTA/ CSM survey dated September 27, 1993. 17. Easement for underground water main, sewer line and distribution lines, granted in instrument recorded May 1, 1984 as .document #8412211300, and granted in instrument recorded February 28, 1985 as Document ument 50591 0, records of Flathead County, Montana.. 18. Easement for ingress and egress, reserved in instrument recorded July 19, 1984 as Document #8420116200, records of Flathead County, Montana. 19. Easement for transmission line and related purposes granted North esterrr Telephone Systems, Inc., by instrument recorded February 22, 1985 as Document #8505311580, records of Flathead County., Montana. 20. Easement for transmission line and related purposes granted Northwe tem Telephone Systems, Inc., by instrument recorded February 22, 1985 as Document 50531.1.59 , records of Flathead County, Montana, 21.Easement for transmission line and related purposes granted pacific power & Light Company, a corporation, recorded Apfil 16, 1985 as Document #8510610580, records of Flathead County,, Montana. Page 5 Certificate No.: 720 92 - l 317 replaces 720 92 -1293 Our File No.: CG -43104 22. Easement for ingress and egress for the purpose of construction, alteration, improvement operation, maintenance and repair of water and sewer mains, granted in instrument recorded August 26, 1.985 as Document #85238131 0, records of Flathead County, Montana. 23. Easement for transmission line and related purposes granted pacific Power & Light Company, a corporation, recorded November 15, 1985 as Document 48531914330, records of Flathead County, Montana. 24. Terms and provisions contain.ed. in Ordinance No. 1259, regarding the West Side Urban Renewal Plan for the City of Kalispell, recorded September 3, 1997 as Document 199724 09380, and ordinance No. 1347, regarding modification of the Kalispell Montana Urban. Renewal Plan, recorded February 11, 2000 as Document #2000 42l508 , records o Flathead County, Montana. 25. Existing gas main as shown on ALTA/ CSC survey dated September 27, 1993. 26. Garden area encroachment as shown on the LTA/AGSM survey slated September 27, 1993. 27. Location of utility, water and sever easements and power poles as shown on Correction C erti fic ate of Survey 14 4. 28. Deed of Trust dated December 24, 2002 to secure payment of $1,200,0 0. 0, together with interest and any ether obligations secured thereby, recorded January 2, 2003 as Document 2 030021 120, records of Flathead County, Montana. Grantor; S. Cameron Calder and rulon Nixon Trustee: Sterling Title Services, Inc. Beneficiary: Whitefish Credit Union Assoei atiori 9. Terms, provisions, limitations and conditions imposed by the Montana Unit ownership Act 30. Any lease or management agreement relative to the condominium described herein. 3 1. All covenants, conditions, restrictions, limitations s, exceptions, reservations, rights, terns, provisions, obligations, powers, easements, rights -of -way, liens and charges contained in or obligated by Declaration of Unit ownership of Cascade Professional Center, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national. origin, unless and only to the extent that said covenant l is exempt under Chapter 42, Section 307 of the United States Code or b relates to handicap but doesnot discriminate against handicapped persons, recorded May 11, 2004 as Document 20 4132092 l , records of Flathead County, Montana, and any amendments thereto. Page 6 Certificate No.: 7 0 92 -1317 Replaces 720 92 -1 .93 Our File No.: CG-43104 32. The failure of the Dec arat .on of Unit ownership concerning the condominium m herein d escbed to disclose the exact location or dimensions of each unit or the exact location of the condominium on the property. 33. Terms and provisions regarding the sale or leasing of units, contained in instrument recorded May 25, 2004 as Document #2004132092 10, records of FlatheadCounty, Montana, 4. Deed o f Trust dated May 25, 2004 to secure payment o $2 8 1,319.10, together with interest and any other obligations secured thereby, recorded May 25, 2004 as Document #200414616370, records of Flathead County, Montana. Grantor: Cascade Investments, L.L.C., A Montana Limited Liability Company Trustee: SteriIng Title Services Beneficiary: Mountain West Bank oKalisell, .N.A. as to a portion) 35. A.ssigent of Lease executed by and between Cascade Investments, L.L.C., A Montana Limited Liability Company and Mountain West Bank of Kalispell, N.A., recorded May 25, 2004 as Document 200414 1 3 0, records of Flathead County, Montana. 36. Lease dated May 5, 2004, and any extensions or renewals thereof, disclosed by instrument recorded May 25, 2004 as Document 200414 1 3 0, records of Flathead County, Montana. Lessor: Cascade Investments, L.L.C. Lessee: Hammer, Hewitt and Sandler, P. L. L. C. 37. Dedicated city street known as Financial Drive, as shown on Certificate of Survey 48057, Correction Certificate of Survey 14 4 , the unrecorded Amended fiat Of Lot 1 Of The Amended flat of A Portion Of Gateway West Addition No. 34 and Counter Assessor's Map. 38. Additional 15 foot underground gas line easement as shown on the unrecorded Amended Plat Of Lot I Of The Amended Plat of A Portion Of Gateway West Addition No. 34. 39. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. c ! � r , mow...• .+..� w.� � V #'X �i... t... � ~ -"""T 4� E ADD 14 7 4111. , i F iT IYIice..1 � t ,� I~ . LOERTY ADD ES 7 Cr VILLAGE _ r _ x , " MONTANA POWER ADD. M 77 �JS T i IU'l S ..AGEE , •� � S � � L h:. ,. c li 3 y1 . 7V TON S1. r-11 ,SKT H IS "';; 1. EjD FOR r f w ! w N �'1 I`' �; 4., ' 1 V # T O � � �Y� 1 # � � � �` l :i . PC- � 3- P r'- / I r-� � F{ w, t Y `� �i 1 ''"` � j '1 ''�"""' � � # �"'' p �i kl 4 � I pp �f 7{ r P I � L J � PC )R+ q� �' f lY i i.,. _ } I 3s ?.J �i Y I e `I '��� I ! IL ;..., J �i_-,. S.m f 2 5 ram. i vt S N 4.✓ `.✓ L i I r- . 4 t F r� L.,- ,.� l - N1 � � ~ Fl, �r �" ryflr �Tp F Ff1,' 1: S A wry }+ I r- 3'. ., Eta R PACE TH'-iHON. 2F AA . 1' l) 2FAT2 r T UD w WAY WES-4 EWAf GATEWAY "- ADD �4 EST G R E N c] PLAT Ff �� WEST PLAT OF THi- •r ... _ D P LA-T OF h S PORII LJN :. ES T AD MEJ PL OF T44E TaCYN 01 EWAY PARK 4- 2 TZ—WkY WEST liPtIT AMD PEA- 6KC AD %U -' AD C #42 KA N, G I S N � I. T— 'S --�a 4 5" `� 2 x n., ADD. 1 —o . Chicago Title InstiranCompany Q.Members of the Fidelity National Financial, Inc. group of or antes I de I I ty National FinanclaI G rouv o f Cow antes' P rivacv S ta tense t July , 2001 We recognize and respect the privacy ex pectations of today's con u mers and the requirements of a phi able fed craI and state privacy lay s. e believe that nia in you aware of how ,r we use your non-public personal information "Personal Information"), and to worn it i disclosed, will form the basis For a relationship of trust between. u and the public that we serve. This Privacy tater ent provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent �-vlth applicable priVacy iaws. In the course of our business, we may collect Personal Information about you from the following sources: From appII c,ations'cr other forms we, recef-ve trorn you or your authorized repr sentatI-ve; From your transactions with, or from the s r,,,ices being performed by, us, our at hate , or others-, From our intern l web sires; From the public records € a1rit In d by governmental entities that we either obtain directly from those entities, or r n our affiliates or others; and From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality an(l Security of Your Personal Information We maintain i ph siea , electronic and procedural safeguards to protect your Personas fnformation from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legiti mate business purposes. Our Policies and Practices .regarding the Sharing of Your Personal Information e m, ay share your Personal Information with our affi-Bates, such as insurance companies, agents, and other real estate settlement service providers. We also may d1scfose your Personal [n fo rmation. to agents, brokers or reprccntaties to provd you with services you have requested; to third -party contractors or servic e provid rs who provide services or perform mark eting or other functi on our behalf; and to others with whore we enter into'oint marketing agreements for products or services tin t we eheve you may Find of interest. in addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do sox or when we suspect frauduIent or crim1na] activities. We also may d1scIose your ,Personal Infor ation when otherwise permitted by applicable privacy laws such a , r exat pI e, when di seio u re i s needed to enforce our rights arising out ofany agreem nt, transac tion€ or relationship with you. One of the i m po rtan t responsibilities of some of our of IIat d cor pani es i s to record documents In the pubI1e d rnain. Such d cu ments ma contain your Personal Information - Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your -Personal In-format10 n and, under certain circumstances, to Find out to whom your PersonaI Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personas Worrnation. We reserve the right, where permitted by law, to charge a reasonable fee to cover- the costs incurred in responding to such requests. All FCqL1CStS must be made in writing to the following address: Privacy Compliance Officer~ Fidelity National Financial, inc. 0 Cade Real, Suite 220 Santa Barbara, CA 93110 Nfultiple Products or Senices [f we provide you with more Char€ one Financial product or service, you may receive more than one privacy notice frorn us, ;Vc apofo17;1­ for any inconvenience this may cause you. OWNERYFOR.- 100 FINANCIAL. DRIVE, LLC CASCADE INVEnWaM UJC PURPOSE SVIDPAWN DACE: MARCH 15, 2OD6 I Subdivision Plat of THE AMENDED PLAT OF LOT I OF THE - AMENDED PLAT OF A PORTION OF GATEWAY WEST ADDITION NO. 34 SE 1/4, Section 12, T28N R22W, P.M., M. Flathead County, Montana M"NANCM MM U,C&CASCAW —MY ff- ff"haw c-1W w b—aged. -*4A W.,dVwMW WW ftMW In R. Cft f V.Np4 A401ft,* ft,.ft. 1w 101 dw Awwh*d PW of a pwftn c# COWA" %�w Adcfta No. 34 =M**4 ILN a at twW OR kim endb0gow " � TM j*o.N 4e Wed Gael of WO h m I)e k— m-4 dm*m$M m dw Arr-.Iw PW of Ux Iof theAmwdad ftm of a PbM- of Gabz+ VfR Adde Ko. %4 we Oft Land Wdd 41 A% WN ptM � h-An X��d wd 4DTW.d a the _'w a. P'dwk fix . SCALE; 6Vmdt*_dW0f20Q-. eel 0 3a W. 100 FINANCIAL. ORWF, LLC CASCADE VgVESIW04TS LLt CAgrdM Rf.TSIMUM LIC L—z? 4D FOUND Wr ROAR WTH PLASTIC CAP ~" MW 2MES 5 rCPJKD AW DEAMEFFIL PW () FOUND W REIM 040 CAn 0 SET W VV 2e SLEMR %IrH KAFTK CAP MARKED "NMQUAWT 7320r CHMIED -X- IN CONCRETE PHnr—u ADDRm - nmANcLAL m" AREA VATHIN FLOM KAM UCALED FROM FtRMROOD DM0NATKX4 WIAM NO MUCTUM TO K PLACED 04 THK AREA EAMdWft 0.4AY NOT ge CURRENT OR COMnETE)