07. Final Plat - Serenity Lane AdditionREPORT TD:
SUBJECT
MEETING DATE:
City of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751--1858
Website: kalispellplanning.com
Kalispell Mayor and City Council
Thomas R. Jentz, Director
Jaynes H. Patrick, City Manager
Final Plat for Serenity Lane Addition
November 6, 2006
BACKGROUND, This is a request for final plat approval of Serenity Lane Addition,
a 4 lot residential subdivision on an existing residential lot located at 1310 6th Ave.
West in Kalispell. The site contains an existing single family residence and large
garage. The garage has been removed and on the back of the lot a three unit
townhouse will be constructed. The property is zoned R--4 Two Family Residential,
and lies on the west side of 6thAvenue West and contains .58 acres.
The Kalispell City Council granted preliminary plat approval of this subdivision
subject to 9 conditions on Februaxy 21, 2006. All of the conditions have been
adequately addressed.
RECGNMIENDATION: A motion to approve the final plat Serenity Land Addition
would be in order.
FISCAL EFFECTS: Positive impacts once developed and on the tax roles.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
1
Thomas R. Jen ames H. Patrick
Director City Manager
Report compiled.: October 23, 2006
Attachments: Letter of transmittal
Final plat application and supporting documents
City of Kalispell
Planning Department
17 - 2ndStred East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1 &58
Website: kalispellplanning.com
October 24, 2006
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59901
Re: Final Plat for Serenity Lane Addition
Dear dim:
This is a request for final plat approval of Serenity Lane Addition, a 4 lot residential
subdivision on an existing residential lot located at 1310 6th Avenue west in
Kalispell. The site contains an existing single family residence and large garage. The
garage has been removed and on the back of the lot a three unit townhouse will be
constructed. The property is zoned R-4 Two Family Residential, lies on the west side
of 6thAvenue West and contains approximately .58 acres. The subdivision was given
preliminary plat approval by the Kalispell City Council on February 21, 2006 subject
to 9 conditions.
The preliminary plat was approved with conditions as outlined below. The following is
a discussion of compliance with each of these conditions as well as findings of
compliance with the city subdivision regulations and zoning ordinance.
COMPLIANCE WITH CONDITIONS OF APPROVAL:
Condition No. 1. That the final plat for the subdivision shall be in substantial
compliance with approved preliminary plat. (Kalispell Subdivision regulations,
Appendix C -- Final Plat)
■ This condition has been met. The subdivision has been platted in substantial
compliance with the approved preliminary plat.
Condition No. 2. New infrastructure required to serve the subdivision shall be
designed and constructed in accordance with the City of Kalispell's Standards for
Design and Construction and shall be certified by an engineer licensed in the
Final Plat for Serenity Lane
October 24, 200
Page 2
State of Montana. A letter from the Kalispell Public Works Department stating
that the new infrastructure has been inspected and approved shall accompany
the final plat application. (Kalispell Design and construction Standards)
This condition has been met. Only public sewer was extended into the site. A
letter from Frank Castles, Kalispell Public Works Department approving the plans
and specifications for the required infrastructure has been submitted with the
final plat.
Condition No. 3. That the shared common road and utility easement shall provide
access for all four lots. The access road shall be paved and shall be constructed
to a minimum 20 foot width. (Kalispell Subdivision Regulations, Section 3.09).
• This condition has been met per face of the final plat and per site inspection.
Condition No. 4. The applicant shall dedicate to the city an additional 15 feet of
R/W along the entire crest side of the lot abutting 6th Avenue West. (Kalispell
Subdivision Regulations Section 3.09, Table 1).
i This condition has been met per face of final plat and certification accepting such
R/W signed by the city.
Condition No. S. The developer shall provide a letter from the U.S. Postal Service
approving the plan for mail service and when a facility or improvement is
required, said improvements shall be installed or bonded for. (Kalispell
Subdivision Regulations, Section 3.22).
This condition has been met per letter dated October 24, 2006 from Dave
Fieldhouse, U.S. Postal Service approving curbside mail service.
Condition No. 6. All utilities shall be installed underground. (Kalispell Subdivision
Regulations, Section 3.17) .
• This condition has been met. All utilities have been installed underground per site
inspection October 23, 2006.
Condition No. 7. That a note shall be placed on the face of the final plat which
waives protest to the creation of a Special Improvement District for the future
upgrade of 6th Avenue West (Kalispell Subdivision Regulations Section 3.09, (J))
■ This condition has been met per note placed on the face of the final plat.
Condition No. S. All areas disturbed during development of the subdivision shall be
re --vegetated with a weed -free mix immediately after development.
Final Plat for Serenity Lane
October 24, 2006
Page 3
* This condition has been met. Revegetation has been completed in conjunction
with the necessary infrastructure.
Condition No. 9. That preliminary plat approval shall be valid for a period of three
years from the date of city council approval. (Kalispell Subdivision Regulations,
Section 2.04).
This condition has been met. The preliminary plat was approved on February 21,
2006 and thus is well within the February 21, 2009 time frame.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS.
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations. The title report shows a trust indenture with the whitefish
Credit Union as a beneficiary. They have enclosed the required consent to plat from
Whitefish credit Union.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning for
the property.
RECOM]WENDATION;
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City council approve the final plat for this
subdivision. Please schedule this matter for the November 6, 2006 regular city council
meeting if possible. You may call me at 7 S 1 - 1 S 50 if I can be of assistance to you
regarding this matter.
Sincerely,
-------------------
Thomas R. Jentz
Director
Attachments: 1 opaque mylar of final plat
1 reproducible mylar of final plat
1 blueline of final plat
l 1x17 copy of final plat
Final plat application dated 10/ 12/06
Letter Kalispell Public Works dated 10 / 23 / 06
Final Plat for Serenity Lane
October 24, 2006
Page 4
Letter EQ#06-2650 from MDEQ dated 4/ 11/06
Letter from USPS dated 10 / 24 / 06
Title report # 183596-FT 9 / 15 / 06
Treasurer's certification dated 10 / 12 / 06
Consent to Plat from Whitefish Credit Union dated 10/ 12/06
Declaration of Conditions, Covenants and Restrictions of Serenity
Lane Addition
c ter/ attachments: Theresa White, Kalispell City Clerk
c w/o attachments: Lori Fisher
881 Helena Flats Rd.
Kalispell, MT 59901
Jackola Engineering
P.O. Box 1134
Kalispell, MT 59903
Project /Subdivision Name:
Contact Person:
�.. ON 11111 A i:!
Phone No.: q6l
City of Kalispell
Planning Department
17 - 2Id Street East, Suite 211, Kalispell, Montana. 59901
Telephone: (406) 751-1850
Fax : (406) 751-1858
FINAL PLAT APPLICATION
ffm
Owner & Marling Address:
Date of Preliminary Plat Approval:ol 1 Fek> ruarq d?4�
Type of Subdivision: ResidentialIndustrial Commercial PUD Other
Total Number of Lots in Subdivision 1}'
Land in Project (acres) 0. S7 0
Parkland (acres) cash -in -Lieu $
No. of Lots by Type. -
Single Family I Townhouse 3
Duplex
Commercial
Condominium
Apartment
Industrial
Multi -Family
Exempt ✓
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development
Other
Legal Description of the Property T
JnSe�
A
FILING FEE ATTACHED
Minor Subdivision with approved preliminary plat $400 + $105/lot
Major Subdivision with approved preliminary plat $650 + $105/lot
Subdivisions with Waiver of Preliminary Plat $600 + $105/lot
Subdivision Improvements Agreement $ 50
1
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 (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement
✓
Plats: 1 opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
11X17 Copy 11X17 Copy
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Kalispell planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The governing
body must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application and
may invalidate any approval. The signing of this application signifies approval for Kalispell Planning
staff to be present on the property for routine monitoring and inspection during the approval and
development process.
"NOTE: Please he advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
own (s) Sign4ture Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutocAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -moray
5. A tie to either an existing subdivision corner or a corner of the public land survey system
2
City of Kalispell Public Works Department
Past 4ffice Box 1997, Kalispell, Montana 59903-1997 -Telephone (406)758-7720, Fax (406)758-7831.
October 23, 2006
Jackola Engineering
P.O. Box 1134
Kalispell, Montana 59903
Re: Serenity Lane Addition
Dear Thor,
The City of Kalispell Public Works Department hereby approves the existing, completed
sanitary sewer main for the referenced project. Approval by the city of Kalispell for the
sanitary sewer main is granted based on the following:
I. Jackola Engineering letter dated October 2, 2006, certifying that the sanitary
sewer main within the referenced project has been inspected and installed in
accordance with the City of Kalispell standards and the approved plans and
specifications.
2. Our video records of the sanitary sewer system.
The one-year warranty period for the sanitary sewer main will commence on
October Z, 20069
If you have any questions, please do not hesitate to contact this office.
Sincerely,
grankCastles, P.E.
Assistant City Engineer/Deputy Public Works Director
CC: Sean Conrad, Senior Planner
Kalispell Planning Department
Montane Department of
VIRONMENTAL UITYBrian Schweitzer Governor
P.O. Box 200901 i Helena, MT 59620-0901 (406) 444 -2544 www.deq.mt.gov
April 11, 2006
Jackoa Engineering
Jim Burton
PO Box 1134
Kalispell MT 59903
Dear Mr Burton.:
RF : Serenity Lane A dditiop
Municipal Facilities Exclusion
EQ#06-2650
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-1.27, MCA and ARM 17.36.602. Under 76-4-1'5�?�(d�, MCA,
this subdivision is not subject to review, and the plat can. be filed with the county clerk and recorder.
Flans and specifications must be submitted when extensions of municipal facilities for the supply of water or -._..
disposal of sewage are proposed 176-4-111 (3), MCA � . Construction of water or sewer extensions prior to --
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, ---
Chapter 6 and Title 76, Chapter 4.
Sincerely,
Janet Skaarl an.d
Compliance Specialist
Subdivision Section
(406) 444--1801 —email
cc: City Engineer
County Sanitarian
file
Enforcement Division • Permitting & Compliance Division Planning, Prevention & assistance Division • Remediation Division
10/24/2006 10: 54 4067560045 USPOSTALSERVICE PAGE 02
-C. $T4 7 a
�:. ` .POSTAL SOVICE 3
OdobOr.'24,,2006.'
KALISPELL PLANNING DEPARTMENT
Ka ispelf. City, Plennfl
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1 'Second -Streei - &ist, Sufti3 211
7
Kalispell," SAT 69901
ti, ` FAX 751
To Whom It May Oonoam:
1 0
'roved for 314r 13M and 1329 Sixth Avenue -Wil dellv4ry �as been,app West,
of tha dawilonmant is samra,ftV Lane.'We have, been' Kallsbill.'Ana.' 'the nay
: . :I, • ' • In, disciusslon wfth" Mlddlelbn ConstrucW . n- and t4y, have agreed to'plac6 -the
malltwiss for lcurbside.delivery. -Any -questions qwoct meat 75"450.
Sincer'el'y,
V Wul Muse a r
Gtowth Mina "ient gen
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406)758-5510
This Form is for Subdivisions &Condominiums Only
BY: JACKOLA
FOR: FISHER
DESCP: SERENITY LANE ADD
Jr. 8TH in I8-28-21)
DATE: 1/24/06
PURPOSE: SUB
hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated fo
each assessor number.
- AjJ4
OCT
12 26
CONSENT To PLAT
We,, the undersigned, WHITEFISH CREDIT UNION, do hereby consent
to the platting of the real property described as "SUBDIVISION PLAT
OF SERENITY LANE ADDITION", attached hereto, and by this
reference made a part hereof.
WHITEFISH CREDIT UNION
STATE OF MONTANA
SS
County of Flathead
On this —12- — day of _ "------.w__._.__.. —1 2006, before me, the
undersigned, a Notary Public for the State of Montana, personally
appeared � �? �--------------- , and known to me to be
the 1.ocvi &44lr -e of WHITEFISH CREDIT UNION and
who subscribed._ name to the within instrument and acknowledged to
me that executed the same.
Notary Public for the State of Montana • ' ••
Residing at 01Ar •;C
My Commission Expires:
S ,
F•�
Return to: Lori A. Fisher
881 Helena Flats Road
Kalispell, Montana 59901
DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
OF
SERENITY LANE ADDITION
THIS DECLARATION is made this day of ,
2005, by LORI A. FISHER, 881 Helena Flats Road, Kalispell,
Montana, 59901, hereinafter referred to as the Declarant.
1.
RECITALS
The Declarant has filed a plat of certain lands in
City of Kalispell, Flathead county, Montana, known
as SERENITY LANE ADDITION, which the Clerk and
Recorder of said county on the day of
2006, as Document Number
in File Case in
Plats, as Abstract Number
2. The Declarant is the owner of all the lots in said
Serenity Lane Addition and is desirous of subjecting
said real property to the conditions, covenants and
restrictions hereinafter set forth, each and all of
which are for the benefit of said property and for each
owner and contract purchaser thereof, which shall
insure to the benefit of and pass with said property
and each and every parcel thereof and shall apply to
and bind the successors in interest of any owner or
contract purchaser thereof,
NOW, THEREFORE, the Declarant, having established a
general plan for the improvement and development of said
property, does hereby establish the conditions, covenants
and restrictions upon which and subject to which all the
property and any portions thereof shall be improved or sold
and conveyed by them as owners and hereby declare that said
property is and shall be held, transferred, sold and
conveyed subject to the conditions, covenants and
restrictions hereinafter set forth which are to run with the
land and shall be binding upon all successors In interest of
the Declarant and the present owners.
ARTICLE I
DEFINITIONS
Section l: "Association" shall mean and refer to the
Serenity Lane Addition Homeowner's Association, which shall
be an association with each lot having one member on the
Board of Directors, its successors and assigns
Section 2: "Properties shall mean and refer to that
certain property described herein as Serenity Lane Addition.
"Properties shall also mean and refer to any addition of
real properties as may hereafter be brought within the
jurisdiction of the Association, except that such reference
shall in no way subject such additions to the Protective
Covenants hereinafter set forth.
Section 3: "Lot" shall mean and refer to any plot of
land shown upon any recorded subdivision map of the
properties.
Section 4: "Member" shall mean and refer to every
person or entity who is a member of the Association.
Section 5: "Owner" shall mean and refer to every
person or entity who is a record owner of a fee, or
undivided fee, interest in any lot which is subject by
covenants of record to assessment by the Association.
Record owners who have sold any lot under a contract for
Deed shall be considered the owner for all purposes herein.
Persons or entities having an interest in ay lot merely as
security for the performance of an obligation are hereby
excluded.
Section 6 : "Declarant" shall mean and refer to Lori A.
Fisher.
ARTICLE II
PROTECTIVE COVENANTS
The real property described above is subjected to these
conditions, covenants and restrictions hereby declared to
insure the best use and the most appropriate development and
improvement of each lot created; to protect the owners and
contract purchasers of tracts of land against such improper
use of surrounding building lots as will depreciate the
value of their property; to preserve so far as is
practicable the natural beauty of said property; to guard
against the construction of buildings of improper or
unsuitable material; to insure the highest and best
development of said property; to encourage and secure the
construction of attractive buildings and to provide for high
quality improvements on said property and thereby to enhance
the values of improvements made by purchasers of lots.
Section 1: Interference With Easements. Easements for
installation and maintenance of utilities and drainage
facilities are reserved over, under, and across affected
lots and granted to the present and future owners of lots
benefited as such easements are shown on the recorded plat
of Serenity Lane Addition and for the use and benefit of any
lot owners of any other property annexed as provided shall
be placed underground. Any lot owner who shall place any
building, improvement, shrub, hedge or tree on any easement
shall be required, without notice, at the request of any
other affected lot owner or utility company to remove such
structure, improvement or vegetation if such removal shall
facilitate installation, repair or maintenance of utilities
within said easement area.
Section 2: Land Use And Building Type. No structure
shall be erected, altered, placed or permitted to remain on
any portion of any lot other than those in conformance with
the underlying zoning district. No garage shall be larger
than is convenient and necessary for the storage of three(3)
automobiles, boats or pickup trucks. Such other buildings
as may be incidental to residential use of the property are
permitted, but in no case shall there be constructed or
maintained any garage ❑r storage facility larger than is
necessary to accommodate a conventional pickup truck and
camper or boat and trailer in excess of twelve (12) feet in
height other than the existing structure.
No trade, craft, business, profession, commercial or
manufacturing activity at any time shall be carried on or
conducted from any of the residences. However, those arts,
crafts or professions conducted solely by family members
conducted entirely within residential structures shall be
permissible as shall be instructional or child care
activities such as music lessons, day care and nursery
activities for no more than five (5) children. No traffic
shall be generated by such home activities in greater volume
than would normally be expected in a residential
neighborhood. No equipment or process shall be used which
creates visual ❑r audible interference with any radio,
television or telephone receivers off the premises or which
cause fluctuation in electrical line voltage off the
premises. No satellite television or radio receiver or
antenna exceeding four ( 4 ) feet in diameter shall be allowed
on any lot unless it is screened from view.
Section 3: Building Site. Dwellings shall be located
in conformance with the setbacks set forth by the underlying
zoning district.
Section 4: Buildin2 Standards. The following
construction standards shall be followed for all buildings
placed on the lots:
(a) All construction once begun shall be completed as
to exterior finish within one 1) year after start
of construction.
( b ) No structure of any kind of what is commonly known
as "boxed" or "sheet metal" construction shall be
built or moved onto any lot.
(c) No structure commonly described as "mobile home"
or "trailer" shall be placed or remain on any lot
for any purpose except that recreational vehicles
and travel trailers may be kept and used subject,
however, refer to Section 7 of this Article.
(d) No structure commonly described as "A -frame" shall
be permitted on any lot.
(e) Each structure once constructed on a lot shall be
kept in the same condition as at the time of its
initial construction, excepting only normal wear
and tear. All structures shall be preserved and
of pleasant appearance by maintaining paint, stain
or sealer as needed. If any structure is damaged
in any way, the owner shall, with due diligence,
rebuild, repair and restore the structure to its
appearance and condition prior to the casualty.
Reconstruction shall be completed within one (1)
year of the casualty.
Section S: Seeding, and Geed Control. Wild weeds and
grass shall be mowed on a regular basis to prevent them from
reaching seed stage.
Section 5: Pets. All animals permitted by this
section shall be contained within the boundaries of their
ownerr s lot.
Section 7: Recreational Vehicles. Mobile homes,
trucks not exceeding one -ton capacity, trailers, or boats
shall be allowed to park on any road or lot within the
boundaries of their lot. Commercial or construction
equipment may be stored on a lot site or street only during
periods of construction.
Section S: Lot Appearance. No part of any lot shall
be used to store or place rubbish, trash, garbage, junk cars
or other unsightly objects.
Section 9: Setback lines. No building shall be located
on any lot that violates zoning setbacks.
Section 10: Exterior Maintenance. Each lot owner
shall provide for exterior maintenance of their structures
including painting, staining, sealing and repairs. Each lot
owner shall avoid accumulation of refuse, unsightly object
or other material prohibited by these covenants.
Section 11: Sewage. No individual sewage disposal
system shall be permitted on any lot. All lots are served
by the City of Kalispell and shall be required to use same.
Section 12: Garbage. All garbage cans used in
connection with any dwelling shall be deposited in
containers provided by the city of Kalispell.
Section 13: Nuisances. No noxious or offensive
activity shall be carried on or permitted upon any of the
lots, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood; nor
shall a lot be used in any way or for any purpose which may
endanger the health or safety of or unreasonably disturb the
residents of any lot. outdoor barbecues are not considered
nuisances under this section.
Section 14: Boundar Control Monuments. The Declarant
has caused survey monuments to be placed on the corners of
each lot. It shall be the responsibility of the owner of
each lot to immediately provide for professional replacement
of any survey monument that are removed, lost or obliterated
from his lot.
ARTICLE III
MEMBERSHIP
Section 1: Every person or entity who is a record
owner of a fee or undivided fee interest in any lot which is
subject by covenants of record to assessment by the
Association in Serenity Lane Addition shall be a member of
the Association; excepting, however, any person or entity
who has sold or is selling any such lot under Contract For
Deed shall not qualify as member of the Association. Every
person or entity purchasing any such lot under a Contract
For Deed shall be a member of the Association.
The forgoing is not intended to include persons or
entities who hold an interest merely as security for the
performance of an obligation. Membership shall be
appurtenant to and may not be separated from ownership of
the lot which is subject to assessment by the Association.
Ownership of such lot shall be the sole qualification for
membership.
ARTICLE IV
ROADWAY SYSTEM AND ASSESSIETTS
Section 1: Roadways. The Declarant hereby declares
that the Association is the owner of the roadway described
and depicted as the Common Area on the plat of Serenity Lane
Addition for the use and benefit of the lot owners of
Serenity Lane Addition and for the use and benefit of owners
of lots.
Section 2: Creation of Personal obli ation. In order
to finance the maintenance, repair, insurance and other
costs incurred in improving and maintaining the roadway, the
declarant of each lot owned within the properties covenants
to and with each other owner of any lot by acceptance of a
Deed or Contract For Purchase of any lot within the
properties, whether or not it shall be so expressed in said
Deed or Contract is deemed to covenant and agree to be a
member of and subject to the assessments and duly -enacted
by-laws and other rules of the Association. The Association
is authorized and directed to determine annually the amount
necessary to maintain and improve the roadway and assess
each lot owner accordingly. Each assessment shall be the
personal obligation of the owner of each lot as of the date
of assessment. This personal obligation shall not pass to
successors in title unless expressly assumed by them.
Section 3: Uniform Rate of Annual Assessment. Annual
assessments must be fixed at a uniform rate for all lots and
may be collected on a monthly, quarterly, semi-annual or
annual basis as determined by the Board of Directors.
Section 4: Special Assessments. In addition to the
annual assessment authorized above, the Association, through
its Board of Directors may levy in any assessment year, a
special assessment applicable to that year only, which shall
be in addition to the annual assessment. Such special
assessment shall be exercised and levied only for the
purpose of defraying in whole or in part the cost of any
installation, construction, or reconstruction, repair or
replacement of a portion or all of the roadway, provided
that before any such special assessment may be levied, it
shall have the assent of three -fourths (3/4 ) of the total of
both classes of members who are voting in person or by proxy
at a meeting duly called for that purpose.
ARTICLE VII
ENFORCEMENT
Section 1: The Declarant or any lot owner shall have
the right to enforce by any proceeding at law or in equity
all restrictions, conditions, covenants and amendments now
or hereafter imposed pursuant to the provisions of this
Declaration. The failure of the Declarant, the
Architectural control committee or any owner to enforce any
covenant or restriction herein contained shall not be deemed
to be a waiver of the right to do so thereafter. The de-
clarant shall not have the duty to take any affirmative
action to enforce any restrictive covenants nor shall it be
subject to any liability for its failure to so act.
Section 2 : The Board of Directors may notify any owner
violating any restrictive covenant specifying the failure
and demanding that it be remedied within a period of thirty
(30) days. If the owner fails or refuses to remedy the
violation, the Association, at the lot owner's expense,
shall correct the deficiencies set forth in the notice. If
the lot owner fails to reimburse the committee thirty (30)
days after mailing a statement for correcting the
deficiencies, the Association may institute a civil action
to collect such sum of money together with court costs and
reasonable attorney's fees. No entry upon a lot by the
Association or its agent for purposes of enforcing these
covenants, shall be deemed a civil or criminal trespass.
Section 3:1. Attorne y s fees. If any person entitled to
do so shall commence legal proceedings in court to enforce
any provisions of this agreement, the prevailing party in
such action shall be entitled to recover from the other
party reasonable attorney's fees and costs of said action.
Section 4: Severability. Invalidation of any on of
these covenants or restrictions by judgment or court order
shall in no way affect the remaining provisions which shall
remain in force and effect.
INWITNESS WHEREOF, the undersigned, being the Declarant
herein, has hereunto caused this instrument to be executed
the day and year first above written.
STATE OF MONTANA
SS
County of Flathead
�c_ft�lO�
LO I A. FI ER
on this ( clay of , 2006, before me,
the undersigned Notary Public for the State of Montana,
personally appeared LORI A. FISHER, and known to me to be
the person whose name is subscribed to the within instrument
and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my Notarial Seal the day and year in this
certificate last above written.
�S N e vq�°y
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6/18/2007
C.O.5, 9765
C. O. S. 5054
BA515 OF BEARING
SUBDIV001V PEA
SERENITY LANE
LOCATEO W THE 5.W. 114 OF THE 5.E. 114 OF 5EGTkW 19� T^
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AREAS: NET
6RO55 (114 OF C01`1NON AREA ADDED TO EACH L0T)
LOT IA 41756 5. F:
51612 5, F.
LOT IB 31411 5. F.
4,26 7 5. F.
LOT 1C 41086 5. F.
41 q42 5. F.
LOT 7 71(of 5.F
8,4.E 5.F.
DEDICATED ROAD
1, 845 5. F.
TOTAL ARFA
251128 5. F.
Subdivision Guarantee
Guarantee No.: 183596-FT
Issued by
Flatheacl County Title Company
120 First A ve. WestlP.O. Box 188, Kalispell, M T 59901
Title Off1cer: Sheri Smith
Phone: (406)755-5028
FAX.' (406)755-3299
Form No. 1282 (Rev 12/15/95)
Subdivision Guarantee
Guarantee No.: 183596-FT
Form 1349
CLTA Guarantee Face Page
(Revised 12/15/95)
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE,
First American Title Insurance Company
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth
in Schedule A.
Flathead County Title Company
AUTHORIZED SIGNATORY
Subdivision Guarantee
Guarantee No.: 183596-FT
SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE
Order No.: 183596-FT
Guarantee No.: 183596-FT
Fee: $150.00
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN GALLED THE COMPANY
GUARANTEES:
Jackola Engineering
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS,
in a sum not exceeding $5,000.00.
THAT according to those public records which, under the recording laws of the State of Montana, impart
constructive notice of matters affecting the title to the lands described on the attached legal description:
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST. QUARTER OF
SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,:
MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT 1 OF CERTIFICATE OF SURVEY NO.
8811 RECORDS OF FLATHEAD COUNTY AND WHICH POINT IS THE TRUE POINT OF. A`
BEGINNING; THENCE N88029'25"E ON AND ALONG THE NORTH BOUNDARY OF SAID TRACT
1 A DISTANCE OF 26.57 FEET TO A POINT; THENCE N88037'42"E CONTINUING ON AND
ALONG SAID NORTH BOUNDARY A DISTANCE OF 176.93 FEET TO A POINT; THENCE
S00009'05"W ON AND ALONG THE EAST BOUNDARY OF SAID TRACT 1 A 3ISTANCE OF.
123.80 FEET TO A POINT; THENCE S88032'54"W ON AND ALONG THE SOUTH BOUNDARY OF
SAID TRACT 1 A DISTANCE OF 284.75 FEET TO A POINT; THENCE N00043'46"E ON AND
ALONG THE WEST BOUNDARY OF SAID TRACT 1 A DISTANCE OF 123.27 FEET TO THE:TRUE
POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND SHALL BE KNOWN AND DESIGNATED AS "SERENITY
LANE ADDITION."
(A) Parties having record title interest in said lands whose signatures are necessary under the
requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation
of Plats and offering for dedication any streets, roads, avenues, and other easements offered for
dedication by said Plat are:
Lori A. Fisher
(B) Parties holding liens or encumbrances on the title to said lands are:
Whitefish Credit Union
(C) Easements, claims of easements and restriction agreements of record are:
Subdivision Guarantee Guarantee No.: 183596-FT
1. Any right, title or interest in any minerals, mineral rights, or related matters, including but not
limited to oil, gas, coal, and other hydrocarbons.
2. County road rights -of -way not recorded and indexed as a conveyance of record in the office of
the Clerk and Recorder to Title 70, Chapter 21, M.C.A., including, but not limited to any right of
the Public and the County of Flathead to use and occupy those certain roads and trails as
depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead
County.
3. 2006 taxes and special assessments are a lien; amounts not yet determined or payable. The first
one-half becomes delinquent after November 30th of the current year, the second one-half
becomes delinquent after May 31st of the following year.
General taxes as set forth below. Any amounts not paid when due will accrue penalties and
interest in addition to the amount stated herein:
Year 1st Half 2nd Half Parcel Number
2005 $982.01 Paid $981.97 Paid 75-0550640
4. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by Record of Certificate of Survey No. 8811,
recorded May 2, 1987 , Doc. No. 1987-061-12560, but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, familial status, or national origin to the extent such covenants, conditions or
restrictions violate 42 USC 3604(c).
5. Easement for right of way to construct, maintain, operate, and remove a pipeline for the
distribution of gas granted to The Montana Power Company , recorded July 30, 1962 in Book 447
of , Page 408, as Doc. No. 5709.
6. Easement for the purpose of operating and maintaining a fire hydrant granted to City of Kalispell,
recorded March 9, 1990 Doc. No. 1990-068-12280.
7. Provisions in Grant of Conditional Use between the City of Kalispell and Jody Middleton and Lori
Fisher, recorded February 27, 2006, as Doc. No. 2006-058-14020.
8. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the proposed plat of Serenity Lane Addition,
but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, or national origin to
the extent such covenants, conditions or restrictions violate 42 USC 3604(c).
9. Trust Indenture, to secure an original indebtedness of $155,000.00, dated July 20, 2006 and any
other amounts and/or obligations secured thereby
Recorded: July 26, 2006 , Doc. No. 2006-207--14240
Grantor: Lori A. Fisher and Jody Middleton
Trustee: Citizen's Title & Escrow Corp.
Beneficiary: Whitefish Credit Union.
(Covers premises and other property)
Date of Guarantee: September 15, 2006 at 7:30 A.M.
Subdivision Guarantee Guarantee No.: 183596-FT
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein
vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth
in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non judicial
proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or
on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and
improvements affixed thereto which by law constitute real property. The term "land"
does not include any property beyond the lines of the area described or referred to in
Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records" : records established under state statutes at Date of
Guarantee for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case knowledge shall
come to an Assured hereunder of any claim of title or interest which is adverse to the
title to the estate or interest, as stated herein, and which might cause loss or damage
for which the Company may be liable by virtue of this Guarantee. If prompt notice
shall not be given to the Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the rights of
any Assured under this Guarantee unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to
which the Assured is a party, notwithstanding the nature of any allegation in such
action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured
Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in
Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to institute and
prosecute any action or proceeding, interpose a defense, as limited in (b), or to do
any other act which In its opinion may be necessary or desirable to establish the title
to the estate or interest as stated herein, or to establish the lien rights of the
Assured, or to prevent or reduce loss or damage to the Assured. The Company may
take any appropriate action under the terms of this Guarantee, whether or not it shall
be liable hereunder, and shall not thereby concede liability or waive any provision of
this Guarantee. If the Company shall exercise its rights under this paragraph, it shall
do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4(a) the
Company shall have the right to select counsel of its choice (subject to the right of
such Assured to object for reasonable cause) to represent the Assured and shall not
be liable for and will not pay the fees of any other counsel, nor will the Company pay
any fees, costs or expenses incurred by an Assured in the defense of those causes of
action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense
as permitted by the provisions of this Guarantee, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or
provide for the defense of any action or proceeding, an Assured shall secure to the
Company the right to so prosecute or provide for the defense of any action or
proceeding, and all appeals therein, and permit the Company to use, at its option, the
name of such Assured for this purpose. Whenever requested by the Company, an
Assured, at the Company's expense, shall give the Company all reasonable aid in any
action or proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or lawful act which in the opinion of the Company may be
necessary or desirable to establish the title to the estate or interest as stated herein,
or to establish the lien rights of the Assured. If the Company is prejudiced by the
failure of the Assured to furnish the required cooperation, the Company's obligations
to the Assured under the Guarantee shall terminate.
S. Proof of Loss or Damage.
In:addition to and after the notices required under Section 2 of these Conditions and
Stipulations have been provided to the Company, a proof of loss or damage signed
and sworn to by the Assured shall be furnished to the Company within ninety (90)
days after the Assured shall ascertain the facts giving rise to the loss or damage. The
proof of loss or damage shall describe the matters covered by this Guarantee which
constitute the basis of loss or damage,and shall. state, to the extent possible, the
basis of calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the Assured to provide the required proof of loss or damage, the
Company's obligation to such Assured. under the Guarantee shall terminate. In
addition, the Assured may reasonably be required to submit to examination under
oath by any authorized representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times and places as may be
designated by any authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether bearing a date before or
after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the Assured shall grant
its permission, in writing, for any authorized representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain to the
Loss or Damage. All information designated as confidential by the Assured provided
to the Company, pursuant to this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the Assured to submit for examination under oath, produce other
reasonably requested information or grant permission to secure reasonably necessary
information from third parties as required in the above paragraph, unless prohibited
by law or governmental regulation, shall terminate any liability of the Company under
this Guarantee to the Assured for that claim.
Form No. 1282 (Rev. 12/15/95)
Subdivision Guarantee
Guarantee No.: 183596-FT
6. Options to Pay or Otherwise Settle Claims; Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the
Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name
of the Assured any claim which could result in loss to the Assured within the coverage
of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is
issued for the benefit of a holder of a mortgage or a lienholder, the Company shall
have the option to purchase the indebtedness secured by said mortgage or said lien
for the amount owing thereon, together with any costs, reasonable attorneys' fees and
expenses incurred by the Assured claimant which were authorized by the Company up
to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee
shall terminate all liability of the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the Company offers to purchase
said indebtedness, the owner of such indebtedness shall transfer and assign said
indebtedness, together with any collateral security, to the Company upon payment of
the purchase price.
Upon the exercise by the Company of the option provided for In Paragraph (a) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the
Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant
any claim Assured against under this Guarantee, together with any costs, attorneys'
fees and expenses incurred by the Assured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required In that paragraph, shall terminate,
Including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage
sustained or incurred by the Assured claimant who has suffered loss or damage by
reason of reliance upon the assurances set forth in this Guarantee and only to the
extent herein described, and subject to the Exclusions From Coverage of This
Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the
least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an
Assured mortgagee, as limited or provided under Section 6 of these Conditions and
Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the
time the loss or damage Assured against by this Guarantee occurs, together with
interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as
stated herein and the value of the estate or interest subject to any defect, lien or
encumbrance Assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures any other matter Assured against by this Guarantee in a
reasonably diligent manner by any method, including litigation and the completion of
any appeals therefrom, it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent,
the Company shall have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the titre, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability
voluntarily assumed by the Assured in settling any claim or suit without the
prior written consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attomeys' fees
and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing this Guarantee for endorsement
of the payment unless the Guarantee has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all
right of subrogation shall vest in the Company unaffected by any act of the Assured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which
the Assured would have had against any person or property in respect to the claim had
this Guarantee not been issued. If requested by the Company, the Assured shall
transfer to the Company all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the Assured and to use the
name of the Assured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the
Company shall be subrogated to all rights and remedies of the Assured after the
Assured shall have recovered Its principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand
arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out of or relating to this
Guarantee, any service of the Company in connection with its issuance or the breach
of a Guarantee provision or other obligation. All arbitrable matters when the Amount
of Liability is $1,0UU;a00 or less shall be arbitrated at the option of either the Company
or the Assured. All arbitrable matters when the amount of liability is in excess of
$1,000,040 shall be arbitrated only when agreed to by both the Company and the
Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties.
The award may include attorneys' fees only if the laws of the state in which the land is
located permits a court to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance
Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract
(a) This Guarantee together with all endorsements, if any, attached hereto by the
Company is the entire Guarantee and contract between the Assured and the
Company. In interpreting any provision of this Guarantee, this Guarantee shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action
asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
14. Notices, Where Sent.
All notices required to be given the Company and any statement In writing required to
be furnished the Company shall include the number of this Guarantee and shall be
addressed to the Company at I First American Way, Santa Ana, CA. 92707.
Form No. 1282 (Rev. 12/15/95)
Subdivision Guarantee
Guarantee No.. 18359E-FT
Flathead Count
Title Company,
120 First Ave. West/P.O. Box 188, Kalispell, MT 59901
Phone(406)755-5028 - 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.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may
use information we have obtained from any other source, such as information obtained from a public record or from another person
or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of i source.
tY p � 9 p eg is sou ce
First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam..com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means;
0 Information about your transactions with us, our affiliated companies, or others; and
0 Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide. the product or
service you have requested of us; or Z as permitted b law. We may, however, store such information indefinite) including the
Y q �} P Y Y► . ► Y► 9
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title .insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services such as appraisal
companies, home warranty companies, and escrow companies. Furthermore we ma also provide all the information we collect as
described above to companies that perform marketingpservices on our behalf, on behalf f our affiliated companies, or o h r
financial institutions with whom we or our affiliated companies have joint marketing agreements.
t other
P J 9 9
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
@ 2001 The First American Corporation • All Rights Reserved