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
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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
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FC D TW -UM royWMI To P.M, APPROM rT rr6_-_-- tag r cf.
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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
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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
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