05. Resolution 5146 - Final Plat - Shining Mountain ChurchCity of Kalispell
Planning Department
- 2 Street Eas� Suite 21� KaliVell,, Mon=a 59WI
,fax: 4065-85
REPORT TO: Kalispell Mayor and City Council
FROM: Seams. Conrad, Senior Planner
James H. Patrick, City Manager
SUET: Final Plat Approval of the Resu division of Lot 1 of North East
Addition
PMETING DATE; September er 5, 200
BACKGROUND: This is a. residential subdivision that creates three lots. The
S it Mounter Church received a conditional use pest (KC-0 - to mow
expansion, of the church in Zoo 1. The church currently occupies the entire site and
would be located on proposed lot 1. The proposed lots are located in a predominantly
residential neighborhood with existing street, water and sewer services available for
future development of proposed lots 2 and 3.
The property is located at 475 Eight Avenue E.N. which is located on the east side o
Eight Ave E.N. and north of Oregon Street in use .. The property eo .tams nearly
one full city block and is 142 feet wide and Soo Feet long or 42,600 square feet o.s
of an acre). The propel can be described as Lot 1, Block 1, Northeast Addition
located in Section 8, Township 28 Now, Range 21 West, ..1! . M. , Flathead County,
Montana..
The -3 zoning for the property allows single family dwells and permits churches
provided a conditional use pest is first secured. The Shining Mounter Church
received a conditional use permit to expand in Zoo . As a condition of approval the
church was required to meet a . applicable building and fire codes including meeting the
re ..red pang for the expanded church.
re . Since the conditional use permit was issued
the church has expanded however the parking requirements were never met,
Therefore, as a condition of approval for the preliminary plat the church was required
to obtain a letter from the Zoning Administrator approving a. parking layout and
schedule for paving the parking lot.
The minimum lot size reqiairement in the R-3 zone is 7,000 square feet and the
minimum lot width. is 60 feet. The lots in the subdivision comply with the zoning for
the property.
Final Flat for the Resubdivision of Lot 1 North East Addition
August 22, 200
Fags 2
Our office waived the preliminary plat on May 17, 2005 subject to seven conditions
because it has been found that the subdivision can meet the criteria for preliminary
plat approval waiver criteria as outlined in Section. 2.06 of the Kalispell Subdivision
Regulations.
Findings of fact for approval of t.e plat are foal in attached staff report KW-0-2
which reviews the conditions of approval and how they have been reset.
REC `I motion to adopt the findings of fact M the staff report
K -o --2 and approval of the resolution for the l"mal plat would be in order.
FISCAL EFFECTS:
ALTERNA�0
�
Respectfully rtt d,
F �
f
a^
Sean Conrad
Senior Planner
Potentially minor positive effects.
.s suggested by the city council.
Report compiled: August 2, 200
Theresa White, Kalispell City Clerk
...... .....
#+�{
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.............
�C�
1.ty Manager
attachments'. Transmittal letter and application
Staff report KW-o -2
Plats
2
RESOLUTION No. 5146
A RESOLUTION APPROVING THE FINAL PLAT of THE RESUBDIVISION of LOT 1 of
NORTH EAST ADDITION, LOCATED IN SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST,
.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS,, Shining Mountain Church, the owner of certain real propel' described above, has petitioned
for approval oft .e final Subdivision Plat of said property, and
WHERF,AS, preliminary plat approval for this manor subdivision was waived on May 17, 2005, by the
Kalispell Planning'Department according to Section 2.06 of the Kalispell Subdivision
Regulations subject to seven 7 conditions, all of which have been net, and
WHEREAS, AS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06
Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision
R._egalations of the City of Kalispell, and
WHEREAS, the Kalispell Planning n Department has reviewed the proposed subdivision and made a report
KWP-o -2 to the City Council of the City of Kalispell, said report considering the criteria
set fort. in Section 76-3-608 MCA, and recommends final plat approval of said subdivision.
NOW THEREFORE, BE IT RESOLVED Y THE CITY COUNCIL of THE CITY of KALISPELL.,
MO TA_NA AS FOLLOWS:
SECTION I. That the Findings ofFact contained in Kalispell Planning Department Deport KWP-
-2 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Shining Mountain Church for final plat approval of Lot 1,
Block 1. Northeast Addition in Section 8, Flathead County, Montana, is hereby
approved.
SECTION III. The classification of said premises under the Kalispell Zoning ordinance shall not be
changed by the action.
SECTION Iv. That upon proper review and filing oft e 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 AND SIGNED BY
THE MAYOR THIS 5TH DAY of SEPTEMBER, 2006.
ATTEST:
Theresa white
City Clerk
.............. .
Pamela B. Kennedy
Mayor
City of Kalispell
Planning Department
a Street East; Suite 211., Kam, Montana 59901
`a: 5-85
August 22, 2006
James H.Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell., MT 59903
RE: Final Plat Approval for the Resubdivision of Let 1 North. East Addition
Dear Mr.Patrick:
Our office has received an application for fmal plat approval from Montana Mall et
Associates on behalf of ShirAng Mountain Church for a. residential subdivision that
contains three residential lots.
The property is located at 475 Eight Avenue E.N. which is located on the east side of
Eight Ave EX and now of Oregon Street in Kalispell. The property contains nearly
one full city block and. is 142 feet wide and. 300 feet long or 42,600 square feet (0.98
f an acre) . The property can e described as Lot 1, Block 1, Northeast Addition
located in Section 8, Tovmship 28 North, Range 21 Nest, 1 . M. M. , Flathead County,,
Montana.
'rye R -3 zoning for the property allows single family dwellings and permits churches
provided a. conditional use permit is first secured. The Shining Mountain Church
received a. conditional use permit to expand in 2001. As a condition of approval the
church was required to meet all apphca. le building and fire codes including meeting the
refired pang for the expanded church. Since the conditional use pest was issued
the church has expanded however the parking requirements er is were never met.
Therefore, as a condition of approval for the preliminary plat the church was required
to obtw'n a. letter from the Zoning Administrator approving a. parking layout and
schedule for paving the parking let.
The minimum let size requirement in the R -3 zone is 7,000 square feet and the
minimum lot width is 60 feet. The lets in the subdivision comply with the zomffig for
the property.
Final Plat for the Resubdivision of Lot I North East Addition
August 22, 2006
Page 2
Our office waived the preliminary Plat on May 17, 2005 subject to seven conditions
because it has been found that the subdivision can meet the criteria for relirr mar
plat approval waiver criteria as outlined in Section 2.06 of the Kalis eu Subdivision
Regulations. Specifically, it can be found that the following conditions em st ;
1, The plat contains five or fewer lots.
2. There is no public dedication of streets or public or private parkland.
3* All lots have legal and physical access conformm' g to the subdivision regulations.
. Each lot has a. suitable building site and there are no environmental hazards
present.
. Public sewer and water are adequate and in place.
b. The subdivision complies with the subdivision regulations and current zoning
regulations.
No significant effects are anticipated on a *culture and agricultural water user
facilities, local services, the natural environment, wildlife and wildlife habitat and
the public health and safety.
The Kalispell City Council will reed to adopt findings of fact for approval found in
attached staff report KWP - 6-2 concurrent with the final plat. approval. The following
is a list of the conditions s of approval and a discussion of how they have been met.
C MPUNCE WITH CONDMONS OF APPROVAL
Condition No. 1. That the final plat is in substantial compliance with the
preliminary plat that was waived.
• This condition has been met. The lots in the subdivision comply substantially
with the preliminary plat that was waived.
Condition No. 2* That a rote be placed on the face of the final plat trait waives
protest to the creator . of a. special improvement ent district for the future upgrade of
streets in the area to city standards.
• This condition has been met. The required rote has been placed on the face of
the plat and will be recorded with the plat.
Condition No. 3. A municipal facilities exemption be obtained ed from the Montana
Department arty ent of Environmental Quality and a. letter from the Kalispell Public Works
Department stating that municipal gaiter and sever are available and will be provided
to both. lots.
This condition has been met. See attached MDEQ fetter certifying the
subdivision will be connected to municipal facilities.
2
Final Plat for the Resubdivision of Lot 1 Now East Addition
August 2, 2006
Page
Condition No. 4. A letter shall be obtained from the Kal, s eH Public Works
Department stating that eater and sewer services are available to both lots.
This condition has been met per note on the face of the final plat.
Condition No. 5. The final plat shall indicate the location of existing building and
demonstrate compliance lance with the development standards of the R- 3 zoning district.
• This condition has been met. The location of the existing building is sl ov m.
Condition , 6. A letter shall be obtained from the Kalispell. Zoning d.mi strator
stating that an approved parking layout plan and schedule for paving has been
reviewed and approved. roved. copy of the plan shall be included with. the final flat
application.
This condition has been. met. The Zoning Ad mil istrator approved the parking
layout plan and schedule for paving. A copy of the approved parking layout
plan and schedule for paving have been placed in the conditional use permit
file for the church.
Condition No. 7. This waiver of preliminary plat approval is vapid for three gears
and sl aH expire on. May 17, 2008.
This condition has been. met. The final plat was submitted prior to expiration
of the waiver.
C MPSCE WITH "PROVED PRELnYEINARY PLAT
The final plait is in substantial compliance with the preliminary plat which was
reviewed and approved,
C MFSCE WITH THE SUBDMSION REGULATIONS:
This subdivision plat has been. found to be in compliance with the State and City
Subdivision Regulations.
C , P U'CE WITH THE ZONING REGULATIONS
This subdivision ,has been found to be in compliance with the Kalispell Zoning
Ordinance and the R-3, Urban Single Family Residential zon rx designation assigned
to the property.
3
Final Plat for the Resubdivision of Lot I North East Addition.
August 22, 2006
Page
RJECO MMMNDATION:
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kahspell City Council e adopt the attached staff report
KW - -2 as findings of fact and approve the fmal plat for the subdivision. Please
schedule this matter for the next regular city council meeting f September 5, 2006,
You may call me at ) 51-1 52 if you have any questions regarding this
subdivision.
Sincerely,
Sean. Conrad
Senior Planner
SC
Attachments: Vicinity reap
1 opaque Myfar
1 reproducible Mlar
.1 x 17 reduction
Staff Report KW '- -1
Letter from Marquardt & Marquardt Surveying
Final plat application
Letter from lar ning Department for pre plat waiver dated
11 /22/ 5
DEQ approval E.Q. #06-2215 dated 1 18/06
Treasurers Certification dated 1/25/06
'title Report # 1 55 5- FT from Citizens Title dated 12 / 22 5
C v/ atta l rrrcrrt : Theresa White, Kalispell City Clerk
C w attachments: Montana Mapping Associates, 1405 Highway 2 West,
Kalispell, ll, MT 59901
Shining Mountain tain Church, 475 8thAve EN, Kalispell, MT
51
4
RESUBDIVISION OF LOB' I OF NORTH EAST ADDMON
KALISPELL PLANNING DEPARTMENT
S"F REPORT KWP-6-2
REVIEW AND FINDINGS OF FACT
AUGUST 2. 2006
This is a report to the Kalispell. City Council for findings f fact for a three lot
residential subdivision. Preliminary plat approval for this minor subdivision was
waaved on May 17, 2005 based on 7 conditions.
BACKGROUND: This is a residential tial subdivision that creates three lots. The Shining
Mountain Church received a conditional use permit KCU - 1. - allow expansion of
the church n 2001. The church currently occupies the entire site and would e
located on proposed lot 1. The propose. lots are located m a predominantly
residential neighborhood with existing street are.d water and sewer services a a .la le
for future e el opmer t of proposed lots 2 and 3.
Applicant: Shining Mountain Church
5 8th Ave, EN
Kalispell, MT 59901
(406) 25-53
Technical Assistance: Montana Mapping Associates
1405 Highway 2 West
Kalispell, MT 59901
(406) 52-353
Bo Location: The property is located at 475 Eighth ven e EN which is located
on the east side of Eighth Ave EN and north of Oregon Street in Kalispell. The
property contains tains nearly one full city block and is 142 feet wide and 300 feet
long or 42,600 square feet (0.98 of an acre) . The property can be described as
Lot 1, Black 1, Northeast Addition located in Section 8, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana.
co size
Total area: 0.98 of an acre
Lot h 0.66 acres (28,654 square feet)
Lot 2: 0.1 acres (7,003 square feet)
Lot 3: 0.1. acres (7,003 square feet)
E,7dsting and Adjacent Land : The property is currently developed with a
church. The surrounding area can be described as residential ire character with
commercial to the south that borders Idaho street. 'here are also apartments and
multi -family weffin s in the area.
�. Zoning: The property is zoned R-3, Urban Single Family Residential. This
zoning district has a rrn'nimum lot width requirement of 60 feet and a minimum
lot size requirement
lremer t of 7,000 square feet. The proposed lots are in compliance
with the zoning.
Relation to Growth Policy: The propel is designated as Urban Residential
in the Kalispell Groff Policy 2020. The existing R-3 zoning is consistent with
the Urban Residential lard use designation.
Utilities:
Water and. Sewer:
Electricity:
Telephone. -
Gas:
School. -
Police:
''ire Protection:
City of Kahs ell
Flathead Electric Coop
cent ry'el
Northwest Energy
School District 5, Kahs ell
City of Kalispell
City of Kalispell
REVIEW AND FINDINGS OF FACT
This application is reviewed as a minor subdivision n accordance with statutory
criteria and the Kalispell Subdivision Regulations.
A, Effects on Health and safety:
`ire: The area is anticipated to be at low n'sk from wildfire due to the urban
location, lack of goody fuel and good access to the site. The proposed
subdivision is not expected to significantly tly impact the service provided by the
district. A fire hydrant is located adjacent acent to the southwest corner of proposed
lot 2
The site is nearly level and is not in or near a d.esigna.ted. 100 year flood plain
nor is it subject to slope failure, subsidence or severe erosion.
B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped in
big game habitat winter range e and does not provide habitat to significant
t
wildlife other than some birds and small animals with occasional deer in the
area.
C. Effects on the Natural Environment: he subdivision will be served by City
of Kalispell water and severer minimlm' n impacts to groundwater. Any impacts
on the natural environment related to this subdivision will be insignificant.
2
Effects on Local Sew:
Sever and Water: The City of Kalispell will provide water and serer service to
the church on the property. There are existing grater and sever mains directly
accessible to the proposed lots and no new water or sewer mains will be needed
to be extended to service this property.
Access and Roads: Access to the property is currently provided to the site from
two approaches from Eighth. Ave EN. There are existing City streets that are
owned and maintained by the City of Kalispell ell on the west and south side or
the subdivision. The impacts to the roadways in the area wiff be minimal.
Sidewalks: Sidewalks are located on the west side of Eighth Aire EN opposite
the northern end of proposed lot 1. Therefore, sidewalks do not abut the
proposed subdivision and have not been required as a condition of approval.
Schools; This property is within the boundaries of School District 5, Kalispell.
This subdivision is residential in nature and will have Bruited impacts on the
enrollment of the school district and may result in one additional school aged
child being enrolled in the district.
Park s: Parkland dedication is not required for minor subdivisions pursuant to
Section 3.1 . r of the subdivision regulations.
PoliceProtection: The property is served by the Kalispell Police Department. It
is not anticipated that this subdivision will significantly impact the service
provided by the police department.
Fire Protection: The property is within the service district of the Kalis eH Fire
Department. The subdivision will not create additional impacts to fire service.
Refuse DisposaL, Solid waste pick-up is currently provided by the City. No
significant (creased impacts can be anticipated as a result of the proposed.
expansion.
Medical Services: Emergency medical service is provided by the Kalispell
Regional Medical Center; Ambulance and Life Right services are also available.
E* Effects on Agriculture:
This subdivision is in the urban area of Kalispell and the area has been
developed to an urban density. This property has not been used for
agncultural purposes in the past and future residential development will have
no effect on agricultural activities in the Valley.
3
Compliance with the Kalispell Subdivision Relations
This subdivision complies with the Kalispell Subdivision Regulations.
rehminary plat was waived because It meets the waiver criteria provided for
under Section 2.06 of the regulations which include the Howing: the plat
contains five or fewer lots, 2 here is no public dedication of streets or public
r private parkland, 3 all lots have legal and yslca access conforming t
these regulations, each lot has a suitable building site and there are no
environmental hazards present, 5 municipal water and sewer are adequate
and in place, the subdivision complies with these regulations and zoning
regulations, there are no significant effects anticipated on agnc lture and
agricultural crater user facilities, local services, the natural environment
wildlife and wildlife habitat and the public health and safety. This subdivision
is in substantial compliance it i the KalispeR Subdivision Regulations.
G* Compliance with the Kalispell Zoning Ordinance: This subdivision complies
with the minimum r lot size and lot width requirements of the R-3, Urban. Single
Family Residential, tlal, zonm' district.
RECOAMENN
Staff recommends that the Kalispell City Council adept Staff Report KWP- - 2 as
fmdin s- fact for the proposed subdivision and approve the final plat of the
Resubdivision of lot I of Now East Addifion.
SC
RDReports Kv 2 KW ' -2 ResubLot I North East Add. DOC
4
r-City Planning Office
17 Second St East,, Suite 211
Phone: 406) 751-1850 Fax: - 5
KALiSPELL
Project Su di'visi n Name:
Contact Person
FINAL PLAT APPLICATION
R1HTEFISH COLUMBIA FALLS
r
fz.C,4��"b of- /Vd,44 r�cz�f- /TJ f 17
C t
Name:
Address:btti
Phone No.: 1 S 3 7
Owner & MaMug Address:
................
Ll
:S Ave- C___ J�J,
. .. . ............................................. . .. ... . .
Date of Preliminary Flat Approval: E
Type of Subdivision: Residential 'Le"� Industrial.Commercial �PUD Other
Total Number of Lots in Subdivision
Land in Project (acres)
Pa kJand(acres) Cash -in -Lieu $ Exempt
No. of Lots by fie:
Single Family Townhouse Mobile Home Park
Duplex Apartment ent Recreational Vehicle Park.
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
Legal Description of the Property 5 � �..� A.) ......
FLING FEE ATTACHED $
Minor Subdivision with approved preliminary plat
Major Subdivision with approved reliminar r plat
Subdivisions With Waiver of Preliminary Plat
Subdivision Improvements Agreement
I
$400 + $40 Jlot
$650 + $40/lot
$600 + $A/Iot
$ 50 1 G'c)
Attached
Not ARREcable (MUST CHECK
Health Department Certification(Original)
Title Report ( r i al, not more than o days old)
Tax Certification (Property taxes must be paid)
Consent(s) to Plat r1 ina.ls and notarized)
Subdivision Improvements Agreement (Attach. collateral)
'arkJand Cash -in -Lieu (Check attached
Maintenance Agreement -
Flats: I opaqij e R 2 m tars
I mylar cop 1 signed blueline
l l elines 4 blueelines, unsigned
11X17 copy \ 11X17 Copy
**The plat r ust be signed by all owners of record, the surveyor antHawami ��s rve 'or.
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 .t 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 rust be submitted no less than 60 days prier to expiration date o
the preirrnirrary plat.
When all application materials are submitted to the Tri-City Planning office, and the staff finds the
application is complete, the staff will submit a report to the governing body. The goveming body
must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals mitta.ls will not he accepted and will not be forwarded to the goveming body for
approval.. Charges to the approved prelinui nary plat may necessitate reconsideration by the
planing board.
l certify that all information submitted mitted is true, accurate and complete} r understand that
incomplete for mation 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 ' ri-City
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
*NOTE.* Please be advised that the Couitty Clerk or requests mat all su d i'vitsi n
,W plat applications be aces algid with a dotal cony.
Y
XOwers s t.re Ale
A digital copy of the final plat in a. Drawing Interchange File XF) format or an AutoCAD file
format, consisting of the following layers:
I. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
. Roads or rights -of -way
. A tie to either an existing subdivision corner or a comer of the public land survey system
.s approved by the TCPB, Effective 3 o
2
October 12, 2005
Kalispell City Planning
172 nd Street East
Kalispell, MT 59901
Kalispell City Plannerd,
Please find enclosed the Final Plat application for the Resub of Lot I of North East Addition
located in 5 N � Section Township N Range 2 � .
The conditions of the Waiver of Preliminary Plat approval were met in the following gays;
1. All electrical and underground utilities are installed and in place.
2. Muni cl Pal Faci lines Exemption i s attached from Q i s attached.
3. A letter from the Kalispell PubI i c Wor ep rt ent is attached.
. Notes appear on final plat.
5. A copy of the Plan is included with this application.
. The Final Plat is in substantial compliance with the design of the Preliminary Plat.
. Addresses appear on the face of the Final Plat.
Thanks for your consideration.
Professionally,
Aq
17
w
Rick Breckenridge
?'%partm�mnt
...n....t...: X T 11 Publi"c Works DIF.I. %O�
Post Office Box 1997. Kalispell. Montana 990 1.9 - -.' .. 0 7—'8- " '
k :y,.vo- Wyk -'�" \ +✓ ��sv+.+
June 15, 25
To Whom it May Concern
RE: Resubdivision of Lot 1 of North East Addition
Between 8 Ave. EN and 8h Ave. EN Alley North of Oregon Street
Kalispell, Montana
The referenced subdivision has adequate access to the water and sewer system of the
City of Kalispell. In addition, the City of Kalispell water and sewer system has adequate
capacity to provide service to the referenced subdivision.
re
A,
S
Frank Castles, PO
Assistant City Engineer
TriwCity Planning Office
17 Second Street East -Suite 211
Kalispell, Montana 59901
Phone:
Fax: 4406) 751-1858
trice Ianni
May 17, 2005
Rick Breckenridge
Montana Mapping Associates, Inc.
05 Hui' 2 West
Kalispell, MT 59901
e: Waiver of Preliminary Plat Approval. - Shining Mounter church
Dear Rick:
This letter is in response to your request for waiver of preliminary plat for a tree lot
subdivision located at the northeast corner of Oregon Street and Aven e EN Kalispell.
The property contains appro)dma.tely one acre and is owned by Sing Mountain
Church, The church will occupy proposed lot 1 contam'ing approx.a.tely -0.57 of are
acre while proposed Lots 2 and 3 wiH contain approximately ately ,000 square feet each.
Proposed Lots 2 and 3 will be oriented with the front of the lot along Oregon Street and
proposed Lot I oriented along 8thAvenue EN. The property is c rrently zoned R-3,
Urban Single Famfly Residential, and can be described as Lot I of Northeast .east litio .
Section. 8,'township 28 North, Range 21 Nest, PMM, Flathead County, Montana.
Our office can fmd that the proposed subdivision meets the pr im ary plat waiver
criteria as provided for under Section. 2.0of the Kahspeff Subdivision Regulations.
Specifically it meets the following criteria: (1) the s .ixrision contains five or fewer lots,
(2) there is no dedication of streets or public or private parkland, 3 that the lots have
legal and physical access conforming to the subdivision regulations, each lot has a
suitable building site and there are no environmental hazards present; 5) i. nicip al
sewer and waiter are adequate and in place; that the subdivision comphes with the
subdivision and current zoning regulations, and that there will be no significant
impact on agriculture, agricultural water users, local services or the natural
environment.
Due to the relatively nor impacts that this subdMsion poses, this office grants
prehminary plat approval subject to the following conditions:
. That the Email plait is in substantial compliance with the preliminary plat that was
waived.
2, That a rote be place on the lace of the fmal plat that waives protest to the creation of
a. special improvement district for the future upgrade of streets in the area. to City
standards.
Provides Communfty Planning Assistance To:
City of Columbia Falls • City of Kal s c * City of Whitefish
Montana Mapping - Shining Mountain Church
May 17, 2005
'age
3. A municipal fa.cihties exemption be obtained from the Montana Department of
Environmental sty and a letter from the Kalispell. P.bhe Works Department
stating that mum*ci al water and sewer service are available and riU be provided to
both. lots,
. A letter shall be obtained from the Kalispell Public Works Department stating that
water and sewer services are available to both lots.
5. The final plat shall indicate the location of em'sting building and demonstrate
comphance with the development standards of the R-3 zoning district.
. A letter shall be obtained from the Kalispell Zoe c nu'Distrator stating that an
approved proves a. -ldnlayout plan and schedule for paving has been reviewed and
approved. A copy of the plan shall be included with the fmal plant application.
7. This waiver of preliminar plat approval is valid for three years and will expire o
May 1 , 2008.
Waiver of preliminary plat approval does not constitute approval of the subdivision.
Please note that prior to final plat approval aH requirements must be r et per Chapters
2 and 3 of the Kalispell Subdivision Regulations. if you have any questions regarding
this ratter, Please call Nara Wilson, Senior Planner, at this office.
Sincerely,
, . /" 'e • 4/30
Thomas R. Jentz
Planning Director
Lam' WA' T o \SHINING MOUNTAIN CHURCH.DOC
Montana Department of
NVIRONMENTAL QUALITY
. . ...........
P.O. Box 200901 Helena, M.T 59620-0901
May 10, 2005
Montana Mapping Associates Inc
Rick Breckenridge
1405 Hwy 2 West
V�.
a..xk...,_l M 901
Dear Mr ,Breckenridge:
Man Schweitzer, Governor
RE: Resubdivislon of Lot 1 of North East
.Addition
Municipal Facilities Exclusion
EQ#05-2694
City of Kalispell
Flathead County
This is to certify that the i.nfor ation and fees received by the Department of Environmental Quality resatm g to
this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under ' - -1. c , MC.A,
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 f 7 - -11 , MCA . Construction of water or sorer extensions prior to
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 7,
Chapter 6 and Title 7, Chapter 4,
Sincerely,
Janet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 —email Jskaar1and@state.mt.us
cc: City Engineer
County Sanitarian
file
Enforeement Division Remediation Division
Pict Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406)7SS-5510
This Form is for Subdivisions & Condominiums Only
do
BY: Atio �IqOA4
m�
FOR:.S/UMAonyr?owwT" CA""A y{
R�.tiywwo Scrnaw
DESCP: /Qpa,u.�. ,, c'� / ✓�0I` th L�ao�''
YEARS ASSESSOR #
rr 000 H U . "006mwk
42"S
kiyud zr�:
DATE
PURPOSE play'
I hereby certify that there are no outstanding taxes on the propel
assigned the assessor numbers Hsted aw7,A—,
the years indicated f
each assessor number. _
Deputy Treasurer
(seal)
AUG 0 1 ZUU6
Platting Certificate
Issued through the Office of
ia
title of county
Eslhtevvart
KAISPELL OFFICE
17 : ain Street
Kalispell, MT 59901
4 55-D
Fax 4 -75 -3777
WHITEFISH OFFICE
(Mountain Hall
457 Hwy 93 South, Ste 21
(40 -7914
Fax --7915
Order No: STK-
Title Examiner: Kelley Hill
BIGFORK OFFICE
(Asper Grove)
8000 Hwy 35, Ste
z� orkI MT 991.1
4 6 537-0 5
Fax -3-5
RE; Shining Mountain Church of Religious science
3f�E�'F4Rko-i.YYPFiflrwa7&y�RY}ln: h%iiYFFf2+7��Gk�iR's,'�Pt�Ar1}iare3Lui'firAka+Wy�G4$SYkw�r.�j���pk�Y A�u.�7F9iA'Yf?'�i�4aS.if.7kKRs�ti».[Y.�fi�S3PYib !',iF�aiS�Rv.ai�L¢S2fYkfai �94�i �.4YF#fii�AC.��'kY'Fkiifi:"�i fF�iLyiili]kAfo-A�niiSf.'f�'ii4#As:��Af9kkV.i.2'i�iY��FYRio�:aQf�flf�i,k4a:f.ild.ifii4'kpTr: �L'L..kif
Prepared for:
Montana Mapping Associates, Inc.
Attn: Kevin
1405 Hwy 2 West
Kalispell, Montana 59901
Ask we about..
lose}
Consent to Playing
Pursuant o Section 76-3-612, MCA, the undersigned, wee Rivers Bank of Montana,
Beneficial, as recorded September 23, 2002, Document No. 2 o2s2 - 32 o, records of
Flathead County.,, Mona, hereby consents to platting and dedication of land'included 'n
the plat of the Resubdivision of Lot I of Now East addition.
IN WITNESS VdMREOF, said party had caused his name to be subscribed thereto,
on thi day of 2005.
State o............
SS.
County o Y . .
On this day of 2005, before me the undersigned, a -No ary
Public for the State personally appearedTc)b Li 2. 1
know to .tee to be the person whose name is subscribed to this inert, aid
acknowledged that they executed the same.
In witness whereof, I have hereunto set my hand and axed my normal seal the day and
year in this certificate first above Witten.
lNto6Yy Public for the State o
77,,'9' Residing at Y
My cotes sio. expires o
SUBDIVISION GUARANTEE
Order No. S K-101 0
Date of Guarantee: July 11, 2006
SS1 RIE: Montana Mapping Associates
B. ASSURANCES:
1 Description of the land:
Guarantee No. G-1578-53872
Liability: $1,000.00
A tract of land in the S 1 2N 1 of Section 8,, Township 2 8 North, Range
21 West, P.M.M., Flathead County, and being a portion of Lot 1 Bloch 1
of North East Addition to Kalispell, deser'bed as follows: Commencing at
the Southwest comer of said Lot 1 Block I , said point being the True
Point of Beginning of the tract of land herein described, thence
N' °0 '3 "" a distance of 142.17 feet along the southerly boundary of
said Lot I to the Southwest corner of that certain tract of land as dese bed
n deed to the City of Kalispell recorded in Book 450, page e 223, records of
Flathead County, thence N13'50' "W a distance of 299.88 feet along
the westerly boundary of said said City of Kalispell tract to a point on the
Northerly -ly boundary of said Lot 1, Block 1, thence S ' 10' 3 "W a
distance of 142.00 feet along the said. Northerly boundary to the Northwest
corner of said Lot 1, Flock 1; thence S 1 °4' oo' E a distance of 3 00. o0
feet to the point of beginning;
2 Name of Proposed Subdivision Plat:
The above -described tract of land is to ' e known and designated as the
Resubdivision of Lot 1 of North East ,addition.
3 That only the hereafter named parties appear to have an interest
showing n the public records affecti.g the land necessitating their
execution of the named proposed plat or map, as follows:
SHINING MOUNTAINS CHURCH OF RELIGIOUS SCIENCE
THREE RIVERS BANK of MONTAN .
C. EXCEPTIONS*
1. General taxes and assessments for the year 2005
First half: $371.14 PAID
Second half: $371.12 A I
Assessor No: 75- 03 5 4
2. General county taxes for the year Zoo , wbich are now a lien but not yet
computed or parable.
3. Resolution No. 3399, A resolution to approve, as a subdivision of the City of
Kalispell, The res bdivision of a portion of Hansen Addition and a portion of the
North-East Addition to Kalispell, of the City of Kalispell to be known as Lots 1, 2
and 3 of the Hansen Addition and portion of the North-East Addition to Kalispell
No. 142.
Recorded: April 16, 1982
Book/Page: 73 7- 41
. Easements,, reservations, restrictions notes and dedications, as shown on the
Certificate of Survey No. 14403.
. Grant of Conditional Use
Between: City of Kalispell and Shining Mountain Chore
Recorded: December 4, 2001
Document No.: 2001-33 -1 o5
. Grant of Conditional Use
Between: City of Kalispell and North.de Lutheran Church
Recorded: January ar , 2003
Document No.: 2 03 -02 -1431
7, Easements, preservations, restrictions, notes and dedications, as shown on the
unrecorded plat of resubdivisio. of Lot 1 of North East Addition.
8. Deed of Trust
Grantor:
Shining Mountains Church of Religious Science, Inc.
Trustee;
Sterling Title Services
Beneficiary:
Three Rivers Bank of Montana
Amount:
$135X0. 0
Recorded;
January 30, 200
Instrument No:
2 -03 0-1 70
9. No search has been made for water rights or unpatented mining claims nd
liability thereon is excepted from this Certificate.
10. The above described property is located within and subject to the jurisdiction o
the Kalispell Fire District.
THE END
CWAF7WWA 7F OFAMfCA 77CW
GUARANTEE - (LTA Form) iv. lf9
GUARANTEE
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 G A ANTE x AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT N
GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY
T
NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT
OR PRIORITY ANY MATTER SHOWN THEREIN,
mle 0
�.ii6 wart
--►title guaranty 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.
Dated:
stewca-r
tft�guamrpty corrPaffy
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional
liability, or assurances other than as contained herein. please contact the company for further information as to the avaitablility and cost.
P"e 1 of
Guaran 5e�872
t"G
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SUBDIVISION GUARANTEE
Order No. STK-101992 Guarantee N; G-1578-53872
of Guarantee: January 23, 2006 Liability: i o .o0
A. ASSURED: Montana Mapping Associates
B. ASSURANCES:
1) Description of the land:
A tract of land in the S 1 2NW I of Section 8, Township 28 North, Range
21 West# P.M.M., Flathead County, a� ei a. portion o Lot Block
of North East Addition to Kalispell, described as follows: Commencing at
the Southwest comer of said Lot 1 Block i, said point being the True
Point of Beginning of the tract of land herein described, thence
N7 0 '3 " E a distance of 142.17 feet along the southerly boundary o
said Lot I to the Southwest comer of that certain tract of land as described
in deed to the City of Kalispell recorded in Book 450, page 223, records o
Flathead County, thence N 13 ° 0" 5 5" ' a distance of 299.88 feet along
the westerly boundary of said said. City of Kalispell tract to a point on the
Northerly boundary of said Lot 1, Block 1, thence S ° 10' 3 3 "W a
distance of 142.00 feet along the said Northerly boutidary to the Northwest
corer of said Lot i, Block ; thence S i ° 'o "E a distance of 300.00
feet to the point of beginning
2) Name of Proposed Subdivision Plat:
The above -described tract of land is to be known and designated as the
es hdivisi n of Lot I of North East Addition.
3) That only the hereafter named parties appear to have an interest
showing in the public records affecting the ,hand necessitating their
execution tion the named proposed plat or map, as foHo s:
HI-ING MOUNTAINS CHURCH OF RELIGIOUS SCIENCE
THREE RIVERS BANK OF MN TAN A
C, EXCEPTIONS:
General taxes and assessments for the year 2004
First half: $ 3 61.61 PAID
Seco d half: $3 6 1. PAID
Assesso 'N'o:75-EO38594
2. General county taxes for the year Zoo, which are now a lien but not yet
computed or payable.
3. Resolution No. 3399, A resolution to approve, as a subdivision of the City o
Kalispell, The resubdivision of a portion of Hansen Addition and a portion of the
North. -East Addition to Kalispell, of the City of Kalispell to be known as Lots 1, 2
and 3 of the Hansen .Addition and portion of the North-East Addition to Kalispell
No. 142.
Recorded: April 16, 1982
Book/Page: 737-641
Easements, rese 7atio s, restn'dion.s Totes and dedications, as shown on the
Certificate of Survey No. 14403.
5. Grant of Conditional Use
Between: City of Kalispell and Shining Mountain Church
Recorded: December 41, 200
Document ent No.: 2001---1"38-16050
. Grant of Conditional Use
Between:City of Kalispell and Northridge Lutheran Church
Recorded: January 28, 2003
Document No.: 2003-028-14310
'. Easements, reservations, restrictions, notes and dedications, as shown on the
recorded plat of Resdivision of Lot I of North East A.dditio.
. Deed of Trust
Grantor:
Shining Mountains Church of Religious Science
Trustee:
Flathead County Title Company
Beneficiary:
Tree Rivers Bank of Montana
Amount-
$135000.00
Recorded:
January 30, 2006
In strument No:
20 430-15 o
. No search has been made for water n'ghts or unpatenteduning claims and
habifity thereon is excepted from this Certificate.
10. The above described property is located within and subject to the jurisdiction of
the Kalispell Fire District.
THE END
A
.
6-2
0 FE -. q - 5 - am - MR � _10- - __ _q W , - - - M PENIS - --* -
V L-1 N 9 I%W I %-# 116AFT 1%�Ff 1~11 1 1 1%.Flr V I %Of 9,%r_1%L_1W# &—L-*L"
NORTH H EASE' ADDITION
A TRACT OF LANCE IN THE S 1/2 OF NW/4
O] SECTION 8, T28 114-R2t W, FLATHEAD CO. ' tificate of Dedldaflon
MONTANA NTAIV4 C EREI�C Ae5---1ATION OF SEVENTH DAY AOVENTISTS a Monlona cor-tfon dd teeraby certify
We,1ha W ,
BOOK 443 fhat we have roused to su yed and subdivided into Lois, Shticks, Slretii.ond Ailetys as shown than the cnnmed*1 fhe fnllowsnq
PAGES �QI described UPM at ism to w1 . ,Xl of #ated irx tot SoufrsmA of ft Wihwest Quarter osi Section Eight jowns4p i'wrerely Eight Northt
Range Twenty One West of the MP. M described as foltowe: Beginning at a point on the lWorth boundary liner of Oregon Street where lne
702 same is Intersected by lh� Eosl boundary li" of 6th Ave. E.N. in KalLtrelI, Montana; IheniCe North 13*494esl and string the East buAwdliry
line of Bth Ave, E, N. o dsslonce, of 00 feet; lhanca North 76DI$'East a distanca of 34WOO feat: Ihen ce South 13°49' Erase a disionce
of 250.40 feet- thence South 76'I1r West o distance of E4ZOO feel ; thence South IW49East a distance sef 5€}.00feet to the North
boundary line of prepon Street: theme Sautes 76*lt'West a distance of 1511ODfeef to the place of beginning and conlalning tDOocrtf,
Owre ar loss. *fl suttdIvIsion to be knowrw as SEVENTH. DAY ADVENTISTS CHURCH AC7p TION T4 KALISPELL and the land (ncicu€ed
in the stia and alleys as stain ups► this p,qt {s hes,wv dossalsd OR4 3wt" to the "a 41 OHe Nblit foar*v*T, N W1T%E$S W MOF
s C o t e 1' = 50" ire have caused our hands and sends No _f�, doy of & � r, r, �.r••� %t �
AS50CIAE IE7N
M(7f+1TANA COIN E CEt F VENTH DAY ADVENTISTS
ATTEST By
5�a y -I�r Idetsl�
µ ,
1
i
6 IS
I N. 76" 1 V iE, 300 01D .
I
I
LOT 1
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8t..O C K 1
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- r.o:::nw cvrrrriu-„rli
Cardr CFt� Ro-.�3ee
13Y
Aey�r�
STATE OF MONTANA Bs
CouN Y OF FATHEAD SS
On Ibis. day of.. :d in the year 196t, beiare sna IN unMraiW*d o Wwy Nt)hc in and for the �Sialt
of twrrodcma,personaOy appeared �� - �,r k owo to me to be.the Press+den! of the kimtono Confefant ela seven�h
Day Adventists,It►e Oxparalfvn wwhota tAme is described 10 the Mltfhln Instrument and coCknorrlsdded to me if�al such wrporolion
executed the came.
Notary Pubhlfe for Slate of h tans
NoiikV FJ6l1C FCl THE Elk, VI AL EAMA
Residing all ea UALa g"AANA
M oammisssiaa expires. , ccvrxu551cQ+ExrluEaice 3a, E95f
COrtifirt3tel of Survey y _
i, Owuld D. Dotil, a Montana Registered Land Surveyor, Raq. Nat. 7WS, do hereby certiity fhal under wj supervision a careful and
tt Wale Surrey was shade of the tract as shown upon this winexed.plat of SEVENTH =Y ADVENTISTS CHURCH ADDITION TD
KAUSPELL ft>af auld plat was mode in strict Conf*TrMy to said survey and that the roc Is and dislonces as shown thereon are
true and rnrf4rt to tha fM4M a# say knowtestpa sued b0sf . Ake tomars of W1 lots QrA 64mc % Were plainly marked on the ground and said
survey mat runt In slrfcl cmnfoamity with Section EI-W to1"�6 of ravfaed oo4e of Iona � f 1947.
STATE QF V0044TANA; Donald D. �Dohl-lvfnntnma fteq.No, T9r3-S
COlthtitTY OF FLATHEAD SS
of�Subscrlbdd and sworn to 4efor rr*0he undewsigned, a Notary Pub1it in and for- the State of Monfar W this s� diay
lgL W �i96J- IN WITNESS WHEREOF thoye set ray hand and affixed my seal
nr Pubffcfor Sidle of fared "
Certificate of .Comfy Surveyor C �J,.s+�►.�rh;rrJTa
i, Dweld a Daht,Gounty Surveyor In and for the CrsuAly of Flathead, 91out of ivlontan4k, do twere#t r certify That I hove examined
fhe plat of SEVENTH DAY ADVENTISTS CHURCH A,00ITlON TO KALISPELL and her4tay approve the same- Doled of Kali il,
Mmiano lhia..-. ..dayof.
County Sumreyor
Cart##irate of Cwnly corn ttissionefs
1, Harley Houslon, Choirrnan of the Board of County Crmmissionere of the Courtly at F'lothread, State of Montano and t,
C4 nn E, Mil Ihouse, Clerk of said board do hathY certify that (d a rrreeffag of iota boored held an the _m� cony of
l961 the annetxed plat of SEVENTH DAY ADVENTISTS CHURCH AO(pT'tOJg TO KALISPEi..Lvn sxamined md
approvsd by Dowd of County Commissioners. Scod board walvett the rs►quiremeni of a psark in this subdivision ai it is leas
than fwaply acres in urea.
f Aries(
Nor* Hou Chairman of the Glenn E. Millhomse -Clerk of Swmi
Flathead C ry Comrnissione�s
.S g
CERTIFICATE OF COUNTY � ., '�gt +� 'i95f is :ie�r���lyrfi�t��if�s�ffii`ra ds of the Flathead
Caeurfy Clark and ft& Ofdef.
�i�i ti � �' a _ F .. .... c. �: f s : i. trr:.�°�.i � .� Z �.r.• L.. > �J,�
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may *e any appropriate ate 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 a)
the Company shall have the right to seiect 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 :natters not covered by this Guarantee.
c Whenever the Company shall have brought an action or interposed a
defense as permied 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
judgement 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 Tor 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, nail 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.
. Proof of Loss or Damage - In addition to and after the notices required under
Section 3 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 ( days after the Assured shall ascertain
the facts giving rise to the loss or damage. The proof of loss or damage shall
describe the :natters 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, e, 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 pay, 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 judgement 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 panes as required in the move
paragraph, unless prohibited by law or governmental regulation, shall terminate any
liability of the Company under this Guarantee to the Assured for that claim,
Options to Pay or Otherwise Settle Claims: Termination of Liability - In
case of a claim under this Guarantees the Company shall have the following
additional options;
a T o 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
. Reduction of Liability or Termination of Liability - All payments nd r this
Guarantee, except payments made for costs, attorneys' fees and expenses
pursuant to Paragraph 5 shall reduce the amount of liability pro tanto.
Payment of Loss
a o 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 i
accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty days thereafter.
12, 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 subroated 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 propeq necessary in order to perfect this right of subrogation. The Assured shall
permit the Company to sue, compromise or sele in the name of the Assured and
to use the nave 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 subroated to all rights and remedies of the Assured after
the Assured nail have recovered its principal, interest, and costs of collection.
13. Arbitration {sinless prohibited by applicable law, eithe,r the Company or the
Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of
the American Arbitration Association. Arbitrable ratters 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 :natters when the
amount of liability is in excess of $1 X , 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 pales. 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. Judgement 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 A
copy of the Rules may be obtained from the Company upon request.
. 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 asseqing 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,
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company
. Notices, When Sent - All notices rewired 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 P.O. Box 2029
Houston., Tas -2,
Page
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i",2ewart
-title guaranty company