10. Final Plat - Village HeightsR191PORT TG;
FROM:
SUBJECT
City of Kalispell
Planning Department
17 2nd street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplannang.com
Kalispell Mayor and City Council
Sean Conrad, Senior Planner
James H. Patrick, City Manager
Final Plat for Village Heights Subdivision
MEETING DATE: November 20, 2006
BACKGROUND*. This is a request for final plat approval of Village Heights
Subdivision, an 3 unit townhouse subdivision on approximately 2.4 acres. The
property is located on the east side of Village Loop just north of the intersection
of Village Loop and West Evergreen Drive. The property proposed for
development can be described as a portion of Assessor's Tract 5 in the
southwest quarter of Section 32, Township 29 North, Range 21 West, P.M.M.,
Flathead County, Montana.
The Village Heights Subdivision was given preliminary plat approval by the
Kalispell City Council on dune 17, 2002, subject to 14 conditions. The Council
granted a one year extension of the preliminary plat on November 91 2005
providing a final expiration date of November 9, 2006 for the preliminary plat.
Although the Council will not take action on the final plat until after November
9th, the final plat application was received on August 22nd. Staff would
recommend the City Council consider taking action on the final plat even
thought the expiration date for the final plat has been exceeded. The developer
has made a good faith effort to bring the final plat application in prior to the
expiration date however the final plat was not taken before the Council earlier
due to the completion of infrastructure improvements.
RECOMMENDATION: A motion to approve the final plat for Village Heights
would be in order.
FISCAL EFFECTS. Positive impacts once developed.
ALTERNATIVES. As suggested by the city council.
Respectfully sub d,
Sean Conrad
Senior Planner
Report compiled: November 13, 2006
ame s H . Patrick
City Manager
Attachments: Letter of transmittal
Final plat application and supporting documents
City of Kalispell
Planning Department
17 - 2°d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-185$
Website: kalispellplanning.com
November 13, 2006
James H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Village Heights Subdivision
Dear Jim:
This is a request for final plat approval of Village Heights Subdivision, an S unit
townhouse subdivision on approximately 2.4 acres. The property is located on the
east side of Village Loop just north of the intersection of Village Loop and West
Evergreen Drive. The property proposed for development can be described as a
portion of Assessor's Tract 5 in the southwest quarter of Section 32, Township 29
North, Range 21 West, P.M.M. , Flathead County, Montana.
The Village Heights Subdivision was given preliminary plat approval by the Kalispell
City Council on June 17, 2002, subject to 14 conditions. The Council granted a one
year extension of the preliminary plat on November 9, 2005 providing a final
expiration date of November 9, 2006 for the preliminary plat. Although the Council
will not take action on the final plat until after November 9th, the final plat application
was received on August 22nd. Staff would recommend the City Council consider
taking action on the final plat even thought the expiration date for the final plat has
been exceeded. The developer has made a good faith effort to bring the final plat
application in prior to the expiration date however the final plat was not taken before
the Council earlier due to the completion of infrastructure improvements.
The preliminary plat was approved with conditions as outlined below. The following is
a discussion of compliance with each of these conditions as well as findings of
compliance with the city subdivision regulations and zoning ordinance.
Final Plat for Village Heights subdivision
November 13, 2006
Page 2
COMPLIANCE WITH CONDITIONS OF APPROVAL.
Condition No. 1. Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plat wh..ich governs the number and
location of lots within the subdivision.
• This condition has been met. The subdivision has been platted in compliance
with the approved preliminary plat.
Condition No. 2. That the roadways serving the subdivision shall be constructed in
accordance with the adopted Design and Construction Standards for the City of
Kalispell for local roads. A letter from an engineer licensed in the State of
Montana cerffying that the improvements have been installed according to the
required specifications shall be submitted at the time of final plat approval along
with a letter from. the Kalispell Public works Department stating that the required
improvements have been inspected and comply with the City standards.
■ This condition has been met. Attached is a letter from Tom Cowan of Carver
Engineering dated July 19, 2006 stating that the infrastructure improvements
have been installed in accordance with the approved plans. The Kalispell
Public works Department has approved the completed improvements within
the subdivision in a letter dated November 2, 2006.
Condition No. 3. That a Certificate of subdivision Approval be obtained from the
Department of Environmental Quality and written approval by the Kalispell Public
works Department approving the water and sewage facilities for the subdivision.
• This condition is met. The Department of Environmental Quality has approved
the water and sewage facilities in a letter from Walter Lauder, Environmental
Engineer Specialist, dated December 5, 2004. A letter from the Kalispell Public
Works Department dated October 18, 2005 states that the construction plans
have been approved for the project. This would include water and sewer
facilities to serge the subdivision.
Condition No. 4. A storm water management plan which has been designed by an
engineer licensed in the State of Montana shall be prepared which complies with.
the City's Design and Construction Standards and shall be reviewed and approved
by the Kalispell Public works Department.
• A letter from the Kalispell Public works Department dated October 18, 2005
states that the construction plans have been approved for the project. This
would include the storm water management plan to serve the subdivision.
Final Plat for Village Heights Subdivision
November 13, 2006
Page 3
Condition No. 5. That the developer shall obtain written approval for the increased
impacts to the existing approaches onto Whitefish Stage Road and West Evergreen
Drive from the Montana Department of Transportation, Flathead County Road
Department and Kalispell Public Works Department and any conditions or
improvements associated with the approvals be completed prior to final plat
submittal.
• This condition is met. Both the Kalispell Public Works Department and
Montana Department of Transportation have stated that Whitefish Stage Road
and West Evergreen Drive, at the location of this subdivision, are out of their
jurisdiction. The existing approaches are within the jurisdiction of the
Flathead County Road and Bridge Department which issued a letter on June
221 2006 stating that the increase in traffic due to the subdivision was
acceptable and no improvements are necessary.
Condition No. 6. That Village Loop shall be upgraded to City standards in
accordance with the city of Kalispell's Design and Construction Standards for
urban streets.
■ This condition is met. Village Loop has been upgraded with sidewalks and a
boulevard as the roadway fronts the Village Heights Subdivision. The Public
Works Department has determined that Village Loop has met the City of
Kalispell's Design and Construction Standards for urban streets in a letter
dated November 2, 2006.
Condition No. 7. 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 Manual and approved by the Kalispell Fire
Department prior to final plat submittal.
This condition is met. The roadways have been signed in accordance with the
policies of the Kalispell Public Works Department and the Uniform Traffic
Control Devices Manual.
Condition. No. 5* The developer shall provide a plan for mail service approved by
the U.S. Postal Service.
* This condition is met. The USPS has approved of a mail delivery plan for the
subdivision in a letter to the consultant dated August 17, 2006.
Final Plat for Village Heights Subdivision
November 13, 2006
Page 4
Condition No. 3. 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. Street lighting is located within the subdivision and is
shielded.
Condition No. 10. The parkland dedication requirements shall be met with cash in
lieu of parkland equal to 11 percent of the 1.83 acres in lots or 0.20 acres based
on a valuation of $10,000 per acre. The total value of the land, improvements and
cash in lieu of parkland dedication should equal $2,000.
■ This condition has been met. A check in the amount of $2,000 was submitted
along with the final plat application for the cash -in -lieu -of parkland.
Condition No. 11. AR utilities shall be *installed underground.
This condition is met. All utilities have been installed underground per the
approved construction. plans. A subsequent site inspection noted all utilities
underground.
Condition No. 12. That the fire access and suppression system comply with the
Uniform Fire Code and a letter from the Kalispell Fire Department approving the
access and number and placement of fire hydrants within the subdivision shall be
submitted with the final plat. The fire access and suppression system shall be
installed and approved by the fire department prior to final plat approval.
• This condition is met pursuant to a letter from the Assistant Fire Chief dated
August 29, 2006.
Condition No. 13. All areas disturbed during development of the subdivision shall be
re -vegetated with a weed -free maw immediately after development.
■ This condition has been met.
Condition No. 14. That preliminary approval shall be valid for a period of three years
from the date of approval.
This condition is met. The developer received a one-year extension on the
prenary plat. The final plat has been received prior to the expiration date of
November 9, 2006.
Final Plat for Village Heights Subdivision
November 13, 2006
Page 5
COMPLIANCE 'WITH THE SUBDIVISION REGULATIONS.
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations. The Subdivision Improvements Agreement expires on
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the RA-3
(Residential Apartment/ Office) zoning for the property.
RECONMEE TDATIGN:
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council approve the final plat for this
subdivision. Please note that the Subdivision Improvements Agreement should be
accepted along with the final plat approval. Please schedule this matter for the
November 20, 2005 regular city council meeting if possible. You may call me at 751-
1852 if I can be of assistance to you regarding this matter.
Sincerely,
1
Sean Conrad
Senior Planner
Attachments: Vicinity map 8a 11 x 17 plat
1 opaque mylar of final plat
1 reproducible mylar of final plat
1 blueline of final plat
Final plat application dated 8/7/06
Letter from Sands Surveying dated 8 / 22 / 06
Engineer's certification from Carver Engineering, Inc. dated
7/19/06
Letters Kalispell Public Works dated 10 / 18 / 05 and 11 / 2 / 06
Letter from MDEQ dated 12 / 6 / 04
Letter from MDEQ dated 11 /22/04
Letter from Flathead County Road and Bridge Department dated
6/22/06
Letter from Montana Department of Transportation dated 4 / 5 / 06
Letter from Fire Dept dated 8 / 29 / 06
Letter from USPS dated 8 / 17 / 06
Title report # 175451-CT dated 8/7/06
Treasurer's certification dated 8 / 9 / 06
Cash In Lieu of Parks Check in the amount of $2,000
Final Plat for Village Heights Subdivision
November 13, 2006
Page 6
c w/ attachments: Theresa White, Kalispell City Clerk
c W/o attachments: Sands Surveying, Inc., 2 Village Loop, Kalispell, MT 59901
Kal-Mont Dairy Farm, c/o George Schuh, 1377 Whitefish
Stage Road, Kalispell, MT 59901
City of Kalispell
Planning Department
1.7 - 2"d Stet East, Suite 211., Kalispell Montana 59901.
Telephone: (406) 751-1850
Fa.v (406) 751-1858
1MAL ]FIAT AMICATION
Project /Subdivision Name: 3MLLAGE SIGHTS
Contact Person: Ovrner & l�ailing Address:
Name: Erica W ala idsft"eXinst KA.Mont D Farm
Address: VIU a Loo a Geaar a Bch
A!9! A A1!59901 1 7"7itef[sh Stgge load
Phone No.: 7 55-6481 �s H KT 89901
Date of Pre lur inarry Flat Approval: June 1.7 2002with a one ar extension d from
November 2,_ 20050
Type of Subdivision: Residential Industrial �Com mercial �PUDOther
Total Number of Lots in Subdivision 4
�.d in Project (acres) 2.433
Parkland (acres) Cash -in -Dieu gqQQ.00 Exempt
No. of Dots by Type:
Single Family Townhouse 8 Mobile Home Farb
Duplex Apartinent Recreational vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
Legal Description of the Property Tract 6 0f Section 32, Township 29 p'orth, Rage g1l West
FILING FEE ATTACHED $1 10 % q cl Q . 00
Minor Subdivision with approved preliminary plat $400 + $100/lot
Major Subdivision with approved preliminary plat $650 + $100/lot*J0,S-
Subdivisions with Waiver of Preliminary Plat $600 + $100/lot
Subdivision Improvements Agreement $ SO
Attached Not Lk2plicable (MUST CHECK o
�Xx
Health Department Certification (Original)
Title Deport (Original, not more than 90 days old)
�.. _ ._
- Tax Certification (Property des must be paid)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
-A-X, Maintenance Agreement
Flats* l opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
11X 1 7 Copy 11 1 7 Copy
"The plat must be signed by all owners of record, the surveyor and the examm* ing land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individuaiy 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 subrM*tted no less than 60 days prior to expiration date
of the preary plat.
When all application materials are submitted to the Kalispell Planning n g 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 pre " plat may necessitate reconsideration by
the planing board.
I certify that alll 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 of this application. signifies approval. for Kalispell
Pl staff to be present on the property for routine monitoring and inspection during the
approval and development process.
**NO 9* Please be advised that the County Clerk & Recorder requests that all subdivision
f nal plat applications be accompanied with a dig[ aopyo
.. I
Owr
vp�rjs) Wgnature Date ��
August 22, 2006
Mr. Sean Conrad, Planner
Kalispell Planning Department
17 Second Avenue East
Kalispell, MT 59901
RE: Final Plat Application Village Heights
Dear Sean:
Attached please find the necessary documentation and certification for the final plat of
Village Heights. The subdivision was granted preliminary plat approval on June 17,
20021, and a one-year extension to that was granted as of November 9, 2005. This
subdivision will expire on November 9, 2006. The Conditions of Approval are stated
below and I have noted how each Condition was addressed.
1. Development of the subdivision shall be platted *in substantial compliance with
the approved preliminary plat which governs the number and location of lots
within the subdivision.
The final plat submitted is in substantial compliance with the preliminary plat and plans
approved.
2. That the roadways serving the subdivision shall be constructed in accordance with
the adopted Design and Construction Standards for the City of Kalispell for local
roads. A letter from an engineer licensed in the State of Montana certifying that
the improvements have been installed according to the required specifications
shall be submitted at the time of final plat approval along with a letter from the
Kalispell Public works Department stating that the required improvements have
been inspected and comply with the City standards.
See attached documentation,fi-om Carver Engineering and Kalispell Public Works.
3. That a Certificate of Subdivision Approval be obtained from the Department of
Environmental Quality and written approval by the Kalispell Public Works
Department approving the water and sewage facilities for the subdivision.
See attached documentation from Montana Department ofEnvironmental Quality.
4. A storm water management plan which has been designed by an engineer licensed
in the State of Montana shall be prepared which complies with the City's Design
and Construction Standards and shall be reviewed and approved by the Kalispell
Public works Department.
See attached documentation from Carver Engineering and Kalispell Public Works.
5. That the developer shall obtain written approval for the increased impacts to the
existing approaches onto whitefish Stage road and Nest Evergreen Drive from
the Montana Department of Transportation, Flathead County road Department
and Kalispell Public works Department and any conditions or improvements
associated with the approvals be completed prior to final plat submittal.
Attached are letters from all Three departments regarding this issue. There were no
identified mitigation measures.
6. That village Loop shall be upgraded to City standards in accordance with the City
of Kalispell' s Design and Construction Standards for urban streets.
This is part of the Carver certification letter.
7. 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 Manual and approved by the Kalispell Fire Department prior to
final plat submittal.
These are installed.
8. The developer shall provide a plan for mail service approved by the USPS.
See attached from LISPS.
9. Street lighting shall be located within the subdivision and shall be shielded so that
it does not intrude unnecessarily onto adjoining properties.
This is installed.
10. The parkland dedication requirements shall be met with cash in lieu of parkland
equal to 11 percent of the 1. 83 acres in lots or 0.20 acres based on a valuation of
$10,000 per acre. The total value of the land, improvements and cash in lieu of
parkland dedication should equal $2,000.
Attached is a check in the mnount of $2, 000.
11. All utilities shall be installed underground.
All utilities have been installed underground. See Carver's letter for this certification.
12. That the fire access and suppression system comply with the UM"form Fire Code
and a letter from the Kalispell Fiore Department approving the mess and number
and placement of fire hydrants within the subdivision shall be submitted with the
final plat. The fire access and suppression system shall he installed and approved
by the fire department prior to final plat approval.
We have contacted the Kalispell Fire Department several times, but have not had a
response as of yet. However, they have reviewed thefire hydrants locations, flows and
access as part of the approval of the Village Playa.
13. All areas disturbed during development of the subdivision shall be re -vegetated
with a weed -free mix immediately after development.
This has been completed.
14. That the preliminary approval shall be valid for a period of three years from the
date of approval.
An extension letter was granted as of November Vh, 2005, for one year. This is submitted
before the deadline expires. (See attached).
Thank you for your kind consideration of this final plat application. Please feel free to
call should you have any further questions or concerns.
Sincerely,
Erica Wirtala, Planner
co
CD
ON
Ln
rt
H
ON
MM Carver Engineering, Inc.
Consulting Engineers
Civil
Structural
Environmental
July 19, 2005
Frank Castles, P.E.
City of Kalispell PWD
PO.. Box 1997.
Kalispell, MT 59903-1 997
Re: I village Heights
Dear Frank:
Construction of the infrastructure improvements for village Heights has now been
completed. Based on our observations of construction and testing, it is our opinion
that the work was done in general compliance with approved plans and
specifications. The work included a sewer main extension, installation of water
services off an existing water main, stormwater drainage improvements (infiltration
trenches & grading), construction of sidewalks, and installation of "dry" utilities.
Please feel free to call our office if you have any questions concerning the
construction of infrastructure improvements for Village Heights,
Sincerely,
CARVER ENGINEERING., INC.
o'T N
THOMAS M.
Tom Cowan, P.E. c
COWAN
10323 P.E. 4u
�FESS�
406 758 7831 city of kalispell public w 10.51.35 a-m_ 10-18-2005 1 12
3' City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 -Telephone (406)758-7720, Fax (406)758-7831
October 18, 2005
Carver Engineering, Inc.
1995 Third Avenue East
Kalispell, Montana 59901
Via fax: 756-1093
Attention : Tom Cowan, P.E.
RE: Your Letter gated October 12, 2005
Village Heights
Kalispell, Montana
Dear Tom:
Resolution No, 4712 was approved on .June 17, 2004
Our review of the project indicate the following:
1. You certified on October 31, 2000, that the street and sewer improvements had
been completed in accordance with the approved plans and specifications. These
plans and specifications were approved by this owe on September 16, 1999.
Pertaining to Item 2 and 6 of the conditions of approval, it would seem that our
office would need a letter from you stating that the sidewalks, sanitary sewer, and
storm water improvements have been completed in accordance with the approved
plans and specifications. Upon receipt of that letter, we would video the sanitary
sewer and would write a letter of approval upon the sanitary sewer meeting the
required specifications.
2. Pertaining to Item 3 of the conditions of approval, we have this date submitted the
letters of approval to DEQ and Flathead county Health Department (your copies are
in the mail).
3. Pertaining to Item 4 of the conditions of approval, the approval letter For the
referenced prow is in the mail.
406 758 7831 city of kalispel l public w 10. 51 : 46 a.m. 10-18-2005 212
4. Pertaining to Item 5 of the conditions of approval of mitigation of traffic impacts,
this office is unsure if it can issue a letter of approval upon a public way not under
our jurisdiction.
5. Pertaining to Item 7 and 9 of the conditions of approval, it would seem that these
were preexisting and approved under the project titled village Plaza.
6. The access easement to the manholes shall be an all weather surface not less than
twelve feet wide.
If you have any guestdons, please do not hesitate to contact this office. A copy of this
letter is being seat to the Kalispell Planning Office for their input.
Si er ly,
7
Frank Castles, P.E.
Assistant City Engineer
Cc: Narda Wilson, senior Planner
Kalispell Planning Office
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_ CIty of Kali*spell
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ost ice B x I997 o 1 .._... . ...... . ...... ..... . . ... ....
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a1 ri 5993�9
_:_ _ ___ e 5 70 Fax 406 758-31.
October 18, 2005
Carver Engineering, Inc.
1995 Third Avenue East
Kalispell, Montana 59901
Attention: Tom Cowan, P.E.
RE: Village Heights
Kalispell, Montana
Dear Tom:
I am not sure how this project fell through the cracks.
The construction plans and supporting documents for the referenced project are hereby
approved.
Attached is your copy of the letter of approval sent to the Flathead City -County Health
Department and to the Montana Department of Environmental Quality
We look forward to working with you on this project.
Sinc r ly,
Frank Castles P.E.
Assistant City Engineer
Attachments: As Stated
_Kali'spell
�.
Post Office Box 1997 Kalispell, Montana 9
. . r . _ s o Ana 9[�3 1997 Telephone40 75 7
_._ ._ :_._.:: _ ___-:-
8 7 ��, Fayd 758 731---------------
October 18, 2005
Department of Environmental Quality
Permitting and Compliance Division
PWS/CSB
109 Cooperative Way, Suite 105
Kalispell, Montana 59901
Attention: Walter M . Lauder, P.E.
Environmental Engineer Specialist
RE: Village Heights
Kalispell, Montana
Dear Max,
This letter is to confirm that the City of Kalispell has reviewed and approved the plans
and specifications prepared by Carver Engineering, Inc., for the referenced project.
The Kalispell sanitary sewer system has adequate capacity to serve the project.
Please feel free to call if you have any questions.
Sincerely,
Frank Castles, P.E.
Assistant City Engineer
cc: Tom Cowan, P.E.
Carver Engineering, Inc.
City of Kalispell Public Works Department
Post Office Boa 1.997, Kalispell, Montana 59903-1997 -Telephone (406)758-7720, Fax (406)758-7831
November 2, 2006
Sean Conrad, Senior Planner
Kalispell Planning Office
Fie: Village heights Subdivision
Dear Sean
KALISPELL PLANKING DEPARTMEN I
The City of Kalispell Public works Department hereby approves the existing, completed improvements
for the referenced subdivision. All City owned and maintained improvements have been installed in
accordance with the approved plans and specifications. approval by the City of Kalispell for the City
owned and ma i nta i ned improvements is granted based on the following:
1. Carver Engineering letter dated July 19, 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.
2. Our video records of the sanitary sewer system.
The one year warranty period for the City owned completed improvements commenced on July 19, 2006.
If you have any questions, please do not hesitate to contact this office.
Sincere) ,
Ir
lank Castles, P.E.
Deputy Public Works Director/Assistant City Engineer
Cc; Tom Cowan, P.E.
Carver Engineering, Inc.
1995 Third Avenue East
Kalispell, Montana 59901
Montana Department of
� NVIRONMENTAL UALITY Judy Martz, Governor
1.09 Cooperative Way ■ Suite 105 - Kalispell, MT 5990I-2389 s (406) 755--8985 - FAx (406) 755-8977
Thomas M . Cowan, P.E. December 6, 2004
Carver Engineering, Inc.
1995 Third Ave East
.Kalispell, MT 59901
RE: Village Heights Sanitary Sewer Extension, EQ#05-1850
Dear Mr. Cowan:
Plans and specifications for the above -referenced project have been reviewed by personnel with
the Permitting &Compliance Division utilizing the certified checklist procedure. The plans and
specifications are hereby approved with the condition as listed below. One set of plans and
specifications bearing the approval stamp of the Department of Environmental Quality is
enclosed.
Approval is based on plans and specifications received November 29, 2004 under the seal of:
Thomas M. Cowan, P.E.# 10323 P.E.-
Approval is also given with the understanding that any deviation from the approved plans and
specifications will be submitted to the Department for reappraisal and approval. Within 90 days
after the project has been completed the project engineer shall certify to the Department that the
project was inspected and found to be installed in accordance with the plans and specifications
approved by the Department. This certification shall be accompanied by a set of "as -built" record
drawings signed by the project engineer.
It is further understood that construction will be completed within three years of this date. If
more than three years elapse before completing construction, plans and specifications must be
resubmitted and approved before construction begins. This three-year expiration period does not
extend any compliance schedule requirements pursuant to a Department enforcement action
against a public water or sewage system.
Please be aware that this project may need a storm water general permit. Please contact the
Water Protection Bureau at 406-444-3080 for more information.
Sincerely, ,.
aI er au r environmental Engineer Specialist
a g p
Public Water Supply Section
Public Water Supply and Subdivisions Bureau
cc: City of Kalispell, Department of Public Works
Flathead County W&S District -Evergreen
Flathead County Sanitarian
File
Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division - Remediation Division
Montana Department of
NVIRONMENTAL QUALITY Judy Martz, Governor
P.O. Box 200901. i Helena, MT 59620-0901. - (406) 444-2544 « www.dey.state.mt.us
November 22, 2004
Carver Engineering Inc
Tom Cowan PE
1995 Third Ave East
Kalispell MT 59901
Dear Mr Cowan:
RE: Village Heights
Municipal Facilities Exclusion
EQ#OS-1850
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(2)(d) MCA, this subdivision is not
subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 176-4-111 (3), MCA) . Construction of water or sewer extensions prior to
DEQ, Public water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75,
Chapter 6 and Title 76, Chapter 4.
This file has been mailed to the Public water Supply Section, Kalispell office for their review.
Sincerely,
4 L
anet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 —email i skaarland@state.mt.us
cc: City Engineer
County Sanitarian
file
Centralized Services Division • Enforcement Division • Permitting & Compliance Division - Planning, Prevention & Assistance Division - Remediation Division
F
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. ................ ..
... . . .... .
`R F
FLATHEAD COUNTY
ROAD AND BRIDGE
DEPARTMENTS
800 SOUTH MAIN
KALISPELL, MT 59901
Phone: (406) 758-5790
Fax: (406) 758-5794
June 22, 2006
Carver Engineering, Inc.
ATTN : Kevin
1995 Third Ave East
Kalispell, MT 59901
RE: Village Heights Subdivision
Dear Kevin:
The Flathead County Road Department has reviewed the increased impacts to the existing
approaches onto whitefish Stage Road and west Evergreen Drive for the Village Heights
Subdivision and we find these to be acceptable.
If you have any other questions, please feel free to contact us.
Sincerely,
Charles E. Johnson
Superintendent
. . ................ .. . ..... ......
.. ......... ..
-- --------- - ---- - - -
Montones Departmenf of Transportation
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Can,,,,er Elagi-neerino
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At Kevin Malk.)y:
1.99-4) -3" Ave East
Kalispell. MT 5.9901
Subject: A roach Perinit — Whitefish St ts Subdivision
aveNillage Heigh
Kevl-M
The NMowana Department (if Trati-sporualion does not have mai�titeiiaticC.'ILirt.sdicti.(ii Mi
this section of" Wh:l:tefi:sh Stage. NIDT starts at. Re.f--,erve DriNlv and tasoes north to \11- 40,
Clay C ol,bv
Maintenance Stipervi-sor
75 1 -2WO 14
copses: Area File
Stephen L-114erzog
KALISPELL FIRE DEPARTMENT
Randy 13rodehl - Fire Chief
Brent L. Christopherson - Assistant ChieflPrevention
Dan Diehl -- Assistant Chief/Operations
• $0
Carver Engineering, Inc.
Attention: Mr. Tom Cowan
1995 Third Avenue East
Kalispell, MT 59901
312 First Avenue East
Kalispell, Montana 59901
(406) 758-7760
FAX: (406) 758-7952
KALfSP"tt PtAIVNNC DEPARTMENT
SUBJECT: VILLAGE HEIGHTS SUBDIVISION — PRELIMINARY PLAT APPROVAL
Tom:
We have the following comments on the above project:
1 . Fire hydrant locations and fire Bows are approved by this department.
2. Provide all-weather driving surfaces and street signs prior to Issuance of permits
for combustible construction. The all-weather driving surface requirement also
includes the private or access roads.
3. Approved fire apparatus access roads shall be provided for every facility, building
or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access road sham extend to within 150 feet of
all portions of the facility and all portions of the exterior wails of the first
story of the building as measured by an approved route around the exterior
of the building or facility. In other words, make sure that the single family
dwellings and duplex townhouses are positioned on the lots so that they meet the
above requirement. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet, except for approved security gates, and an
unobstructed vertical clearance of not less than 13 feet 6 inches. Fire apparatus
access roads shall be designed and maintained to support the imposed loads of
fire apparatus and shall be surfaced so as to provide all-weather driving
capabilities. [dead-end fire apparatus access roads in excess of 150 feet in
length shall be provided with an approved area for turning around fire apparatus.
Fire apparatus access roads 20 to 26 feet wide shall be posted on both sides as
a fire lane. Fire apparatus access roads more that 26 feet wide to 32 feet wide
shall be posted on one side of the road as a fire lane.
4. New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. Please
coordinate the address and number assignment with Fred Zavodny in the City of
Kalispell's Public Works Department at 758-7725.
"Assisting our community in reducing, preventing, and mitigating emergencies. "
• Page 2
August 29, 2006
Please contact me if you have any questions. I can be reached at 758-7763.
v`
Brent L. Christo erson
Assistant Chief/ evention
c.c. Sean Conrad, Senior Planner, Kalispell Planning Office
"Assisting our community in reducing, preventing, and mitigating emergencies. "
CARVER ENGINEERING, INC.
CONSULTING ENGINEERS
1995 Third Avenue East Phone (406) 257-6202
Kalispell, MT 59901 Fax (406) 756-1093
MEMORANDUM
DATE: August 5, 2006
TO: City of Kalispell - Fire Department
FROM: Tom Cowan
SUBJECT: Village Heights
In accordance with the conditions of preliminary plat approval the number and location of fire
hydrants serving the proposed Village Heights subdivision is to be approved by the City of
Kalispell Fire Department. We are submitting a General Layout sheet that shows the
proposed lots in Village Heights and the locations of existing fire hydrants. These hydrants
were installed as a part of improvements for Village Plaza, but they will also serve Village
Heights.
There will be a total of four (4) duplex townhouses (eight (8) single-family dwelling units) in
Village Heights. Water is supplied by the Evergreen Water & sewer District.
The existing water supply system has sufficient capacity to provide fire flows of at least
1,500 gpm. The "Bluff Area" portion of the Evergreen grater system is modeled on
WaterCad and two (2) runs were made to determine system hydraulics under normal
domestic and fire flow conditions.
Run #1 - To represent summer -time domestic demands, a total demand of 760
gpm was used with flows of 20 to 50 gpm taken at various locations
throughout the District's "Bluff Area" water system. Under these
conditions, residual pressures at Village Heights were about 05 psi.
Run #2 w With a demand of 740 gpm spread throughout the system and a flow of
1,500 gpm taken at J-140, which represents an existing fire hydrant near
Lot 3A, the residual pressure at this hydrant location was just over 40
psi. Residual pressures at all other locations on the District's "Bluff
Area's system were greater than 40 psi.
A schematic of this portion of the District's "Bluff Area" water system is included with this
submittal, as are copies of the WaterCad runs described above. Please feel free to call if
you have any questions of if additional information is needed.
12. That the f ire access and suppression system comply with the
Uniform Fire Code and a letter from the Kalispell Fire
Department approving the access and number and placement of
fare hydrants within the subdivision shall be submitted with
the final plat. The fire access and suppression system shall
be installed and approved by the fire department prior to
final plat approval,
13. All areas disturbed during development of the subdivi s ion
shall be re -vegetated with a weed -free mix immediately after
development.
14. That preliminary approval shall be valid for a period of three
years from the date of approval.
SECTION III . Upon proper review and filing of the Final
Plat of said subdivision in the office of the
Flathead County Clerk and Recorder, said
premises shall be a subdivision of the City of
Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL of THE CITY of KALISPELL,
THIS 17TH DAY OF JUNE, 2002.
AO
Randy eyo
Council Chairman
ATTEST:
Theresa White
City Clerk
UNITED S TA TES
350 N MERIDIAN RD
KALISPELL, MT 59901-9998
August 17, 2005
Bands Surveying, Inc.
2 Village Loop Rd
Kalispell, MT 59901
RE: Final Plat Approval
To Whom It May concern:
Delivery for Village Heights subdivision has been approved for cluster Box Unit
(CBU) delivery. The developer will provide one 8-unit CBU and a 4 x 4-foot cement
pad on Village Loop. Please see attached map for approved location.
Purchase of CBU's will be arranged one month prior to the first occupancy and
arrangements made for delivery to the Main Post office on Meridian Rd. The Post
Office will install and then be responsible for the lock changes and maintenance of
the equipment.
Upon approval of the final plat through Kalispell Planning, a copy (no larger than
11 X17) showing addresses, will be provided to the Post Office. Please sign and
date the enclosed Mode of Delivery Fact Sheet/Site Plan Agreement and include this
with the copy of the final plat you provide to the Post office.
If you have any questions regarding this matter, you may contact me at 755-5450.
Sincerely,
6044( -
Susii Carter
Growth Management
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406)758-5510
This Form is for Subdivisions & Condominiums Only
BY: sae-101�
FOR:
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YEARS ASSESSOR #
2000 THRU1 . 4�4V,3
& TO DATE
DATA �� 7�a V
PURPOSE .
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l 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.
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PLAT OF
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Subdivision Guarantee
Guarantee No.: 175451-CT
Issued by
Citizen s Title anal Escrow Company
704 South Main/P.O. Box 1310
,, Kali5pelll MT 59901
Title Officer. Ted Gigrich
Phone: (406)752-5388
FAX,F,w (406)752-9617
Form No. 1282 (Rev 12/15/95)
Subdivision Guarantee
Guarantee No.: 175451-CT
Form 1349
CLTA Guarantee Face Page
(Revised 12/15/95)
First American Tit/e 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.
Citizen's Title and Escrow Company
410
AUTHORIZED SIGNATORY
Subdivision Guarantee
Guarantee No.: 175451-CT
SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE
Order No.: 175451-CT
Guarantee No.: 175451-CT
Fee: $100.00
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY
GUARANTEES:
Village Plaza Incorporated
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS,
in a sum not exceeding $5,000.00.
THAT according to those public records which, under the recording laws of the State of Montana, impart
constructive notice of matters affecting the title to the lands described on the attached legal description:
A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST,, P.M.M.,
FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO
WIT:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 28 NORTH, RANGE
21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, WHICH IS A FOUND BRASS CAP; THENCE
ALONG THE NORTH BOUNDARY OF SAID SECTION 5, 58305713811E 618.20 FEET TO A FOUND
IRON PIN ON THE EASTERLY R/W OF A 60 FOOT CITY ROAD KNOWN AS VILLAGE LOOP;
THENCE ALONG THE EASTERLY R/W OF SAID ROAD N00006150"W 222.78 FEET TO A FOUND
IRON PIN AND P.C. OF A 180.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, HAVING
A CENTRAL ANGLE OF 090221131'; THENCE ALONG AN ARC LENGTH OF 29.44 FEET TO A SET
IRON PIN AND THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN
DESCRIBED: THENCE CONTINUING NORTHWESTERLY ALONG SAID R/W AND ALONG SAID
CURVE (RADIAL BERING S80030'57"W) THROUGH A CENTRAL ANGLE OF 3503015711 AN ARC
LENGTH OF 111.58 FEET TO A FOUND IRON PIN; THENCE N45000'00"W 241.23 FEET TO A
FOUND IRON PIN AND THE P.C. OF A 180.00 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 33011105"; THENCE ALONG AN ARC
LENGTH OF 104.25 FEET TO A SET IRON PIN; THENCE LEAVING SAID R/W N15000'00"E
129.75 FEET TO A SET IRON PIN; THENCE S75°25'30"E 190.39 FEET TO A SET IRON PIN;
THENCE N83034'45"E 77.30 FEET TO A SET IRON PIN; THENCE S06025'15"E 62.88 FEET TO A
FOUND IRON PIN; THENCE S45°09'57"E 217.97 FEET TO A FOUND IRON PIN; THENCE
S30001'04"E 161.05 FEET TO A FOUND IRON PIN; THENCE N89057'38"W 109.98 FEET TO A
SET IRON PIN; THENCE S001002'23"W 47.71 FEET TO A SET IRON PIN; THENCE N891057'38"W
115.56 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS: VILLAGE
HEIGHTS
(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:
Subdivision Guarantee Guarantee No.: 175451-CT
Village Plaza Incorporated
(B) Parties holding liens or encumbrances on the title to said lands are:
1. 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 $1823.68 paid $1823.66 paid 75-0428760
Note: In addition, we have found the following Personal Property Taxes:
General and special county taxes for the year 2006:
First Installment : $135.94 paid
Second Installment : $135.93 paid
Assessor No.: 75-T232595
(C) Easements, claims of easements and restriction agreements of record are:
2. Any right, title or interest in any minerals, mineral rights, or related matters, including but not
limited to oil, gas, coal, and other hydrocarbons.
3. 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.
4. The effect of agreement for water system between Julius Bruyer, George W. Hyde
and Walter L. McPheeters and James W. McPheeters, recorded July 14, 1906, in
Book 54, Page 635, records of Flathead County, Montana.
Said agreement was modified by document recorded March 6, 1915, in Book
112, Page 332, as Doc. No. 697, records of Flathead County, Montana.
5. Easement for electric transmission and distribution line ... granted to Pacific
Power & Light recorded May 23, 1973 in Book 554, Page 91, as Doc. No. 5368,
records of Flathead County, Montana.
6. Easement for electric transmission and distribution line...ingress and
egress... granted to Pacific Power & Light recorded December 2, 1985 as Doc. No.
85-336-14170, records of Flathead County, Montana.
7. Certificate of Inclusion into the Flathead County Water District # 1 -
Evergreen, recorded March 26, 1986, as Doc. No. 86-085-13410, records of
Flathead County, Montana.
8. Easement for storm sewer construction purposes granted to Kalispell School
District No. 5, recorded February 1, 1993 as Doc. No. 93-032-11220, records of
Flathead County, Montana.
Subdivision Guarantee Guarantee No.: 175451-CT
9. Easement for electric underground distribution line granted to Pacificorp, a
corporation, d ba Pacific Power & Light Company, recorded November 18, 1998, as
Doc. No. 1998-322-09040, records of Flathead County, Montana.
10. Terms and Conditions of Water Well Easement and Agreement recorded
September 9, 2005 as Doc. No. 2005-252-13220, records of Flathead County,
Montana.
11. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed on the pending plat of said subdivision, but deleting
any covenant, condition or restriction indicating a preference, limitation or discrimination based
on race, color, religion, sex, handicap, familial status, or national origin to the extent such
covenants, conditions or restrictions violate 42 USC 3604(c).
Date of Guarantee: August 07, 2006 at 7:30 A.M.
CJTIZEJ%5-.TJTLE & ESCROW COMPANY
ACKNOWLEDGE, MENT
STATE of MONTANA )
ss.
COUN-f-fir of F:L,ATREAD )
This instrument was acknowledged before the on /y,
dad of by
T .. as assistant Secretary of Citizens
'Title & Esctow Company.
GINGER A. NIOF"REL
NOTARY PUBIUIC-MONTA,
�NJ
AuI AU ,
Srrr-L y74
E pi;e2s, tX-L St
Subdivision Guarantee Guarantee No.: 175451-CT
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described In the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein
vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth
in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial
proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or
on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and
improvements affixed thereto which by law constitute real property. The term "land"
does not include any property beyond the lines of the area described or referred to in
Schedule (A) (C) or in Part 2, nor any right, 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.
Farm No. 1282 (Rev. 12/15/95)
Subdivision Guarantee
Guarantee No.: 175451-CT
6. *options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the
Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name
of the Assured any claim which could result in foss 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
feast of:
(a) the amount of liability stated in Schedule A or in Part Z;
(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 tide, or removes the alleged defect, lien or
encumbrance, or cures any other matter Assured against by this Guarantee In a
reasonably diligent manner by any method, including litigation and the completion of
any appeals therefrom, It shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent,
the Company shall have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability
voluntarily assumed by the Assured in settling any claim or suit without the
prior written consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorneys' fees
and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing this Guarantee for endorsement
of the payment unless the Guarantee has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all
right of subrogation shall vest in the Company unaffected by any act of the Assured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which
the Assured would have had against any person or property in respect to the claim had
this Guarantee not been issued. If requested by the Company, the Assured shall
transfer to the Company all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or setae 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 Tide Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out of or relating to this
Guarantee, any service of the Company in connection with its Issuance or the breach
of a Guarantee provision or other obligation. All arbitrable matters when the Amount
of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company
or the Assured. All arbitrable matters when the amount of liability is In excess of
$1,000,000 shall be arbitrated only when agreed to by both the Company and the
Assured. The Rules In effect at Date of Guarantee shall be binding upon the parties.
The award may Include attorneys' fees only if the laws of the state in which the land is
located permits a court to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance
Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract.
{a) This Guarantee together with 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 1 First American Way, Santa Ana, CA. 92707.
Form No. 1282 (Rev. 12/15/95)
Subdivision Guarantee
Guarantee No.: 175451-CT
Citizen slit/e and Escrow Company
704 South Main/P.O. Box 1310, Kalispell, MT 59901
Phone(406)752-5388 - Fax(406)752-9617
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand
that you may be concerned about what we will do with such information -- particularly any personal or financial information. We
agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may
use information we have obtained from any other source, such as information obtained from a public record or from another person
or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
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First American calls these guidelines its Fair.Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or as permitted b law. Vile may, however, store such information indefinites including the
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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
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described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
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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
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