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07. Final Plat - Amended Lots 74-78 of Stratford Village Phase 3REPORT TOO FROM: SUBJECT MEETINGDATE: City of Kalispell Planning Department 2"d Street East, Suite 29 11. Kalispell, Ma tana 59901 Telepbone: (406) 751-1850 .fax: (406 5 l- 8 5 Kalispell Mayor and City council Sean Conrad, Senior Planner James H. Patrick, city Manager Final Plat for the amended lots 74-78 of Stratford Village Phase 3 September 5, 200 BACKGROUND: This is a request for final plat approval for amended lots 7 -78 o Stratford Village Phase 3, a residential subdivision creating 10 sublots on approximately 0.88 of an acre. The lots are located along the east side of Stratford Drive at the intersection of Stratford Drive and Teal Drive. The five lots proposed to be further subdivided can be legally described as lots 74, 75, 76, 77 and 78 of Stratford VlRa e Phase 3 located in portions of the Nam` ' and SW 1/4of Section 19, Township 2 Forth, Range 21 Vest. The subdivision was given preliminary plat approval by the Kalispell City Council on August 7, 2006 subject to 6 conditions. REc MW' , T N: A motion to approve the final plat for amended lots 74 -78 of Stratford Village Phase 3 would be In order. FISCAL EFFECTS: osit ve impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully subrrukted, Sean Conrad Senior Planner Report rt compiled: August 24, 200 ames H. Patrick City Manager Attachments-. Letter of tra .srm' t tal Final plat application and supporting documents City of Kalispell Planning Department 2"d Stred, Easy., Suite 211, Kalispell, Montana 59901 Fax: (406) August 24, 200 James H. Patrick, city Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for the Amended lots 74-78 of Stratford Village Phase 3 Dear JIM This is a request for final plat approval for amended lots 74-78 of Stratford Village Phase 3, a residential subdivision. creating 10 sublots on approximately 0.8 of are acre. The lots are located along the cast side of Stratford Drive at the intersection of Stratford Dave and "deal Drive. The five lots proposed to be finer subdivided can be legally described as lots 74, 75, 76, 77 and 7of Stratford Village Phase 3 located i portions of the NW 1/4 and SW 14 of Section 19, Township 28 North, Range 21 West. The subdivision was given preliminary plat approval by the Kalispell city council on August 7,, 2006 subject to 6 conditions. The preliminary plat was approved with conditions s as outlined below. The following is a discussion of co phance with each of these conditions as well as fm*dings of corr phance with the city subdivision regulations are.d zoni g ord ffianc . CoMPLUNCE NTH CoNDMS of APPROVAL: Condition No. 1. Development of the subdivision shall be patted in substantial compha ce with the approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final Plat) This condition is met. The fmal plat complies with the approved preliminary plat. Condition No. 2# The parkland dedication for requirements shall be met with the payment of cash in lieu of parldand of 0.15 of an acre with credit to the applicant for payments already made on the original 5 .lots. The payment shall be based on the Final Plat for the Amended lots 74-78 of Stratford village Phase 3 Au u t 24, 2006 Page unproved fair market value of the area devoted to lots. Kalispell Subdivision llvision Regulations, Section 3.19). This condition is met. The developer has submitted a. cash M lieu payment equal to o. 15 of are acre with credit to the developer for payments already made on the original 5 lots. Condition No. 3. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). This condition is met. Al ufihties have been ffistaUed underground. Condition No. 4. The su lots created i this subdivision shall be included in the homeowners e wners association for the maintenance ice f common areas based upon a. pro-rata share of costs.(Findings of Fact, Section D) e This condition is met. The sublots are included in the Stratford Village Homeowner's Association. Condition No. S. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. This condition has been reset. Reve etation has been completed m conjunction with the necessa y infrastructure. Condition No. . That preliminary approval shall e vapid for a. period of three years from the date of approval. Kalispell Subdivision Regulations, section 2.04) This condition has been met. The preliminary plat has been submitted prior t the expiration of the preliminary plait approval which is August 7, 2009. COMPLIANCE '` TH THE SURD ON REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. CObW SCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance ance and the R-4 zoningfor the property. 'Final Plat for the ,mended lots 74-78 of Stratford Village Phase August 24, 2006 Page 3 R"`1N: � All of the conditions of prehminary plat approval have been adequately addressed. The staff recommends that the KalispeR City Council approve the fmal plat for this subdivision. Please schedule this matter for the September 5, 2006 regular city council meeting if possible. You may eat me at 751-1852 if I can be of assistance to you regarding this matter. Sincerely, { { Sears Conrad Senior 'lamer Attachments: ts: opaque r rlar of fmal plat 1 reproducible myla.r of final plat 1 blueline of final plat 11 x 17 reduction Final pl a.t application dated / o / o Letter from Jalola Engineering dated 8 / 1 o Title report # 1 - T dated 7/28/06 Consent to Plat from Glacier Bank dated / 1 / 0 Treasurer's certification dated 8 / 14 / o o w/ attachments: Theresa White, Kalispell City Clerk o w/o attachments: Hilzac Corporation, P.O. Box 8226, Kalispell, MT 59904 Jackola Engineermg,Attn: Jim Burton, P.O. Box 1134, Kalispell, MT 5 9o3-1 3 pity of Kalispell Planning Department 1 - 2nd Street East, Suite 2111. K l ispel1, Montane. 59901 Telephone: 4751-1850 `:751-1858 FINAL PLAT "PLICATION Project /Subdivision Name:A!ne_I,<_4_ed 5 7cf 7S 3G 77C7,g Vt licir" Contact Person: Owner & Mailing Address: Name; In!i Address: U. Be, C/ Phone No.' • Date of Preliminary Plat Approval: ts..jI 76- 6 Type of Subdivision; Residential Industrial Commercial PUID Other Total Number of Lots in Subdivision Land in Project (acres) -r-A 50� Parkland (acres) Cash -in -Lieu $ .Exempt N. of Lots by Type: Single Family Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family t .er e al Descry ti p the Pry ert ..... ............ � .s .............� � .... . .SV r_a4_� F� 00 FILING FEE ATTACHED $-LIDO �,..... Minor Subdivision with approved preliminary plat $ + $1 lot Major Subdivision with approved preliminary plat $ $1 / lot Subdivisions with Waiver of Preliminary .Flat $ + $1 lot Subdivision Improvements Agreement $ 5 1 Attached Not Applicable(MUST CHECK C3NE Health Department Certification (Original) a� Title Report (Original, not more Than 90 days old) L/_ Tax Certification (Property taxes must be paid) Consent(s) to Plat Originals and notarized) � Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) V/7-� Maintenance Agreement Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 b3uelines, unsigned lIX.7 Copy 1IX17 Copy "The plat must e signed by all owners of record, the surveyor and the examining lard surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met, In eases 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. complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department., and the staff finds the application is complete, the staff' will submit a report to the governing beady. The governing body must act within 30 days of receipt of the revised preliminary plat application tion and staff report. . Incomplete submittals will not be accepted and will not be forwarded to the governing beady for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board.. I certify that all information submitted is true, accurate and complete. I understand that incomplete information trill not be accepted and that false information will delay the application and may i valida .e any approval. The si i of this applica ion si��f�es approval for Kalispell pia r�in staff to be present on the property for routine monitoring and inspection during the approval and development process. *NOTE: Please be advised that the Counter Clerk & Recorder requests that all subdivision fines ~-pplications be accompanied with a digital copy. Owner(s) Date **A digital copy of the final plat in a Drawing n. ercha. e File DX format or an AutoCAD file format, at., consisting of the following layers: 1. 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 corner of the public land survey system 2 August 11, 2006 M. Tom Jentz Tri-City Planning Office 11 Second. St. East, Suite 211 Kalispell, Montana 59901 e: Final AMENDED S8TVS oN PLAT of LOTS 74, 75F 6, 77 AND 78 OF STRATFORD VILLAGE, PHASE 3 Sec. 19, T28N. R2 W , PMM, M, City of Kalispell Dear Tom: Enclosed for your review i8 the data for Final Plat review on the above referencE.5d Subdivision. The following coed .. ions for approval are as follows: 1. Development of the subdivis-ion shall be platted in substantial compliance with h e approved preliminary plat. The Subdivision is in compliance with the conditions of approval. 2. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland o 0 . 5 acre Yi credit o io payments ]L-e dy made on the original 5 lots. The paymentshall e based o the uni mproved fair market ire of the area devoted to iota. See enclosed check in the amount o $2,140.00 . All utilities shall be installed underground. All -ihave been -installed underground as per the original Final Platting of Phase3. (P)40 .7OE3 (F)40 , 1 8 Po BCJX1 1 34 -1 S 0 "D AvE E SUITE 302, k AL1,9PL,.L, T-599 01 * The sublots created in this subdivision shall be ,.e.ee in the homeowners association for the maintenance of common areas based upon a pro-rata .� e of costs. See enclosed copy of Homeowners association documents. . All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. All areas disturbed by development will be re - vegetated with a weed -free mix after completion o development. . That preliminary approval shall be valid for period of three gears from the date of approval. (Augus-11-- 7, 20) This condition has been met. Should you have any questions, please do not e its �e to contact e . Thank you. I remain . i peel y, J j mes H. Burton CONSENT TO PLAT We, the undersigned, GLACIER BANK, do hereby consent to the platting of the real property described as "AMENDED SUBDIVISION PLAN" OF attached hereto, and by this reference made a part hereof. GLACIER BANK i STATE OF MONTANA County of Flathead On this �_� day o before me, the undersigned, a Notary P' or the Star of Montana, personally appeared A�4— ——— —.. — � az� � to � the . .� � � �- ., -- G Cf R B ANK a n d wh o �� eri e �� me to t i instrument and aek $ Y-1 4 � 4", I-ae that executed the same x% { ��� ate... ,.�� � � A Y. r o e r le Spajonta Plat Room Flathead County, Montana 800 S. Main St. Kalfspell# MT 59901 (406)758-5570 This dorm is for Subdivisions &Condominiums Only ,CKOr FOR; IRILZAC CORP DAB: 1�. 06, $11W06 ESC : TRATF RD VILLAGE AMD L744^78 PURPOSE: AMD PLAT 1 1 YEAR$ 000 ,A air "r. ,.��,.�+ ��.�ila al► . .'f if i i4 ASSESSOR 01 " +w. r+4Mi -cm~wx earini"-w..,y,,,r.s+r+...rr.��,.�...1.��.n ...�wx. ,+•-�4>-/rw,x .....�� ,...�,,.. �. .,.4 �. ,�5,..'r.. a��r 3�15r` ,. 09921 ...�Wj"-,I'-i4viw 3 YlT yam. S.kwr`a�.iaW ,yww+w1R.TT}YX+TY IV'„A1W.•"4.i.�...'.JLl��f'.'S'1"��FJY 'IMTL YYfY`R.Y',�.".."� ,�tri1' 000834 I hereby certify that there are no outstanding taxes on the propel assigned the assessor numbers listed above, for the years indkated for each assessor number. 5 k Deputy Treasurer (seal) I LOTS 74 75, 76, 77 AND 78 jwvs k OWTM pus. JW Ax+M FIST n p 743R Y&Eftlk .- PftPARf0 AQLW 4pepauTAW ANOW xx R-4 ZONING RECUREMENTS FRONT YARD - 15 FEET SAPE YARD 5 FE5 F 4R YARD { 70 FEET SIDE CORNER 15 FEEr BULDING 14EIGHT - 30 FEET C ?TIFKAIf OF DER SIT PAW OW Of OCA MW MD ACCfPrMCE OF CASO W iy,�7�1� Sk+4 NNITE, C/Irr CURK FAR ' Orr CF XALt-WLL, P I' f +t ER r9 "LC 4G ORDER M5 t 4�L}�E gr TNF 0Tr C +IM a cr KAL15P�RL,, i'1JW� TANA, R I&LD C i��y.-}..y...y-.. iy.+�r�t�f,uy wy.���r--__"'�««�w.«.7.�.y.�-E/�XW, A��/ iy7�i fL7 J F nt� EEDMG5 6 IjP 4i'V TO- i ; + SM6Y AS 1 Y LrA 1 +'5+r7 r`ALAU Pr+ATTED�p�i�MEA �AyF - AI�FI+d ED 5�1J1�N}yPyl��S�IkQY PLAT � LOTS 74, 75, 7 , 77 AND 5f }��JJfr�FiJRD Vitiywt6f, PHA M �} 3,y+ i�ift�StRAY&G R r k'k� R Ty I TQM5 SET FOR {� i;4 I) rimL DE AT 7FOR PAW PURPOSES Or AWV��'7�3y�y�ir �y7r}yAT,iyyC�A5�*#yMi L1rEV Gig PARK L, AW��A�VTOF ry�yy �/r,�R/y�,ti �ry� D [.ice a'11R �VR15D i�'-jV7�s%7 4aLARS (�Kt+ iN), ACC EP +�ACTw11TaaW /�+ F ff + k-k{� ISM "� -", t t CA M WTI lWkRfCf; ! M Vt pro AFFMriig M 5EA of rAf Orr 6F ► Ad' CtTr CLERK OF IK&6P E`IL, taVrAhM CIrR WICA rt 6F OTT CCEWIL AT, �'.4MA XEAWDr, IVYM Fes' Thy' ClTr 01' KAL15PI* , tkWtAMA MU WERE A 00--Pfti, PWrANA DO WREBY CERTIFY MAT MIS R&Wt + PLAT W SUN 5 FC D TW -UM royWMI To P.M, APPROM rT rr6_-_-- tag r cf. OrY CLERK � k?' ,�C' rr cf KAI.#SF i, I wAm Subdivision Guarantee Guarantee No.: 1 ` `0 6-FT Issued by Flatl7eacf County Title Company 120 First Ave. West/P.O, Box 188, Kalispell, M T 59901 Title Officer: Andrea Reum Phone: (406)755-5028 FAX.• (406)755-3299 Form No. 1282 (Rev 12/15/95) Sub&vk ion Guarantee Guarantee .: .7708 - Form 1349 LTA Guarantee Face Page (Revised 1 First American Title Insurance Company SUBJEC " TO THE EXCLUSIONS FROM COVERAG E, THE ..I MITS OF LIABILITY AND THE CONDITT S AN MPULATIONS 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. Flaffienad `o rs Title o puny AUTHORIZED SIGNATORY Subdivision Guarantee Guarantee No.: 1 0-FT SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE Order No.: 1-FT Guarantee No.: 1 - FT Fee: $150.00 EJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS F THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST Af E ICAN TITLE INSURANCE COMPANY, A CORPORA-RON HEREIN CALLED THE COMPANY GUARANTEES. aclla Engineering FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5, . . 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 lards described on the attached legal description: Legal Description attached hereto as Exhibit A, and by this referenced incorporated herein. (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 ether easements offered for dedication by said Plat are: Hilac Corporation (F3) Parties holding liens or encumbrances on the title to said lands are: Apex 1, LLC (C) Easements, claims of easements and restriction agreements of record are. 1. Any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons* . County road rights -of -way not recorded and indexed as a conveyance of record in the office the Cleric and Recorder to Title 70, Chapter 21,, M.C.A., ircf din , but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's raps on file in the office of the County Surveyor of Flathead County. Subdivision Guarantee Guarantee No.: . 7086-FC" . 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 81st 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 $246.57 PAID $246,56 0008389LOT 7 DELINQUENT 5 $246.65 PAID $2,1 0008391 LOT 7 DELINQUENT 2005 $246.71 PAID $246.69 0008392LOT 7 DELINQUENT 2005 $ 4 s 7 PAID $246.75 0008393LOT 77 DELINQUENT DELINQUENT . Developer Extension Agreement upon the terms, conditions and provisions contained therein; DATED : May 28, 1996 PARTIES : City of Kalispell and U.S. Partnership II RECORDED. June 5, 1996,, as Doc. No. 96-157-11320,, records of Flathead County, Montana. . Resolution by the Transportation Commission of the State of Montana for designation of limited access highway recorded November 14, 1997t as Doc. No. 1997-318-10050, records of Flathead County, Montana. . Easement for an electric transmission and distribution line granted t Flathead Electric Cooperative, Inc. recorded June 11, 1999, as Doc. No. 1999-162-08450, records f Flathead County, Montana. 7. Resolution No. 4587 by the City of Kalispell for annexation of certain real property recorded October 18, 2000, as Doc. No. 2000-292-13260. Memorandum of Agreement upon the terns, conditions and provisions contained therein: Parties* Stratford village Homeowners Association Recorded: ,nary 2, 2002 , Doc. N. 2002-025-12310 . Easements, reservations, restrictions, notes, certificates and/or dedications as shown on the official plat of Stratford village, Phase 3. 1. Subdivision Improvement Agreement upon the terms, conditions and provisions contained therein; PANTIES : City Council, City of Kalispell and APEX 1, LL RECORDED: May 7, 2004, as Dec. No. 2004-125-10050,r records of Flathead County, Montana. Subdivision Guarantee Guarantee No.: 10- 11. Trust .indenture, to secure an original indebtedness o oo,000.00, dated May 5, 2004 and any other amounts nor obligations secured thereby Recorded: June 2, 2004 , as Doc. No. 2004- - o Grantor. Apex 1, LLC Trustee: Flathead County Title Company Beneficiary Glacier Bank. (Covers premises and other propel) 2. Utility Easement Agreement upon the terms, conditions and provisions contained therein: Parties: Apex , LLC Recorded: September ber , 2004 , as Doc. No. 0-7- 0 110 1. Covenants, Conditions and Restrictions recorded as Doc. No. oo-- , but omitting any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status, or national origin to the extent that such covenants, conditions or restrictions violate 42 ISC o . We find the described propel to be in Kalispell Fire District. Date of Guarantee: July 28,, 2006 at 7:30 A. M. Subdivision Guarantee Guarantee Palo., 1-` 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 tittle, whether or not shown by the public records. b 1) Taxes or assessments of any taxing authority that levies takes or assessments on real property; or, () Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the ,,ratters excluded under (1) or ( are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented ,Wining claims; ( reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the ,natters excluded under (1), or (3) are shown by the public records. . 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) Defers, 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 fi b in Schedule (A), C or in Part 2 of this Guarantee, or title to struts, roads, avenues, lanes, ways or waterways to which such lard 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 Assured ; ( 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. 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 I. 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 1,: the land described or referred to in Schedule A ( 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 referrers to in Schedule (A) (C or In Part 2, nor any right, title, interest, estate or easement in abutting streiets, roads, avenues, alley., lanes, gays 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. . Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing €n case knowledge shall came 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 ,night 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 ,natter 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. o 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. .Company's Option to Defend or Prosecute Actions; Duty of Assured laimaot 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 aCL 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 tens 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 defuse 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 inhere this Guarantee permits the Company to prosecute or provide for the defense of any action or procee&ng, 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 Cor pan 7s expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defeDding the action or lawfvJ act Which in the opinion of the Company may b 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 Companyls 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 goof 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, 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. l"ail re 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 requlr"ed in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim, Form No, 1 (Rev. 1 15/9 ) Subdivision Guarantee Guarantee No.: 177086-FT w Options to Pay or Otherwise Settle Claimst Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options, (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full: amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder- of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph a the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to male 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, attorneysF 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. T. Determination and E tent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part ; b the amount of the unpaid principal indebtedness secured by the € ortgage 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. . Limitation of Liability. a If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any ,method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the 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. Reduction of Liability or Termination of Liabif l y. All payments under this Guarantee, except payments made for casts, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 1. 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 D days thereafter. . Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shad crest in the Company unaffected by any act of the Assured claimant. The Company skull 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 rerned-les against any person or property necessary in order to perfect this right of subrogation, The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a Maim 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. . Arbitration. Unless prohibited by applicable law, either the Company or the Assured may, demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 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 ,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 lags 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 sites of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the mules may be obtained from the Company upon request. 13. I� abiIit Limited to T h is G uarantee; warrantee Entilre 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 o amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a 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 skull 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..177086-Fr --volm J"d I a It h cd% u n .. 4 i i lil ICI I it ii I i i I itle ComPany 120 First Ave. West/P.O. Box 188, Kalispell, MT 59901 Phone o - o2 - Fax (406)755-3299 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your reeds 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. First American calls these guidelines its Fairrnformation Values , a copy of which can be found on our v ebsite at www.firstam.com. , Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications{ forms and in other communications to us, whether in writing, in person, by telephone or any other means; 0 Information about your transactions with us, our affiliated companies, or others; and 0 Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to -nonaffiliated parties except: as necessary for us to provide the product or service you have requested of us; or as permitted by law. We may, however, store such information indefinitely, including the 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. viler 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 cor parries, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whoa we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. ation. 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 o All Rights Reserved Subdivision Guarantee Guarantee No.: 1-FT EXHIBIT A TRACT OF LAN D BEING LOTS 741, 75, 76, 77 AHD 78 OF STRATFO RD VILWLWAGE, PHASE 3. A PLAT OF WHICH IS ON FILE WITH THE FLATHEAD COUNTY CLERKAND RECORDER'S OFFICE AND WHICH TRACT IS LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.1 ., AND MORE PARTICULARLY DE .IBE AS FOLLOWS: COMMENCING AT THE CENTER QUARTER . CORNER OF SAID SECTION 19 AND WHICH POINT IS THE TRUE POINT OF BEGINNING, THENCE ON AND ALONG THE EXTERIOR BOUNDARIES OF SAID LOTS 74, 75, 7 61 77 AN D 78, THE F LL OWING UR ES: SOUTH 01 '57"' EAST, A DISTANCE OF 107.05 FEET TO A POINT* NORTH ° ' 1"' WEST, A INSTANCE OF . 1 FEET TO A POINT AND WHICH POINT IS A - POINT OFCURVATURE; NORTHWESTERLY, L.1 , H A CURVE TO THE RIGHT (DELTA � ° # ", RADIUS � 36.00 FEET)f AN ARC LENGTH OF 56,32 FEET TO A POINT OF TANGENCY; NORTH 017" " ''BEST, A DISTANCE OF 443,45 FEET TO A POINT* NORTH 01' " EAST, A DISTANCE OF 80.11 FEET TO A POINT, SOUTH 1' "' EAST, A DISTANCE CE F 374,62 FEET TO THE TRUE E POINT OF BEGIHHINGM THE ABOVE DESCRIBED IBEI TRACT OF LAND IS TO BE KNOWN AND DESIGNATED NATE AS "THE AM E N D ED SUBDIVISION PL,.AT OF LOTS 74, 7 51 7 6f 77 AHD 78 OF STRATFO RDIILLA E, PHASE 1% "This Oat is provided sorely for the rpose of assisting in locating the land, mpany assumes no HaNfity for 'ations, fany, with actual survey.19 1A F u n ty Title Com pany i A �� nil Y i> 4 � LOT 44BG i+ 48+ 7 40+ *i7 1 ► 4BA Ate+ LOT 61 LOT 60 -, o 440 .r ~7 * . - e 74 A �► CHI C) ZE IiD 74 B tam sz, krUry 75 A µ 75 B N 76 AGB ' v }} 76 B i p I 7 A . ...... .. ........... 77 a 'tz F 4 R � ih 8 A T 788 Am R a FfTf3IVi YARD - 75 FEET S1C1" YARD • 5 FEE*i' REAR YARD • fft FEET 51LTE CORNER - 15 FEET BUILDING HEIGHT - 30 FEET ;t CFY.A JOJ} rmo?aw Aw ON T► SA aAr Am cF i nUTRW Mow B" mmq 17 SAW FM fW AMMW 6F W : M ACCOUXWE MMI i Niness moamv ti