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3. Resolution 5004 - Final Plat - North Pointe Professional OfficesREPORT TO: FROM: SUBJECT: Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 .Fax: (406) 751-1858 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Final Plat Approval for North Pointe Professional Subdivision MEETING DATE; April 18, 2005 BACKGROUND: This a request for final plat approval of a one lot commercial subdivision in an R-5, Residential / Professional Office zoning district. The subdivision includes this lot and a remainder parcel to the west where a professional office has recently been built. The property is located at the northwest corner of Three Mile Drive and North Meridian Road and contains 1.040 acres. Currently this property is an undeveloped portion of the property proposed for subdivision. The remainder portion of the lot is 1.037 acres where an office building was recently constructed. There is an office building to the north and south of this property with some other uses in the immediate area of a commercial nature. The property is zoned R-5, Residential / Professional Office. This zoning district has a minimum lot width requirement of 70 feet and a minimum lot size requirement of 7,000 square feet. The lot exceeds the minimum lot size requirements for the district and is in compliance with the zoning. The Tri-City Planning Office waived preliminary plat review on February 23, 2005 subject to five conditions because it can meet the criteria as provided for under Section 2.06 of the Kalispell Subdivision Regulations. The Kalispell City Council will need to adopt findings of fact for approval found in the attached staff report KWP-05-1 concurrent with the final plat approval. The attached transmittal letter outlines the conditions of approval and a discussion of how they have been met. RECOMMENDATION: Approval of the resolution adopting the findings of fact and approving the final plat would be in order. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: • City of Kalispell ® City of Whitefish m City of Columbia Falls Final Plat for North Pointe Professional Subdivision April 13, 2005 Page 2 Respectfully submitted Narda A. Wilson Senior Planner Report compiled: April 13, 2005 c: Theresa White, Kalispell City Clerk dames H. Patrick City Manager 2 RESOLUTION NO. 5004 A RESOLUTION APPROVING THE FINAL PLAT OF NORTH POINTE SUBDIVISION, DESCRIBED AS AN AMENDED PLAT OF LOT 2A OF THE AMENDED PLAT OF LOT 2 OF THE AMENDED PLAT OF THREE MILE .DRIVE CORNER AND A PORTION OF LOT 20 BLOCK I OF NORTHWEST TRACTS LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Pointe Professional Building, LLC, the owner of certain .real property described above, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on. February 23, 2005, by the Tri-City Planning Office according to Section 2.06 of the Kalispell Subdivision Regulations subject to five (5) conditions, all of which have been met, and WHEREAS, 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 Regulations of the City of Kalispell, and WHEREAS, the Tri-City Planning Office has reviewed the proposed subdivision and made a report (KWP-05-1) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of pact contained in Tri-City Planning Office Report #KWP- 05-1 are hereby adopted as the Findings of Fact of the City Council, SECTION 11. That the application of Pointe Professional Building, LLC, for final plat approval of North Pointe Subdivision in Section 1, 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 of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 1 STH DAY OF APRIL, 2005. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Pbone: (406) 751-1850 Fax: (406) 751-1858 April 13, 200 James H. Patrick, City Manager City of Kalispell P.O. Sox 1997 Kalispell, MT 59903 RE: Final Plat Approval of North Pointe Professional Subdivision Dear Jinn: Our office has received an application from Thomas, Dean and Hoskins on behalf of their client for a one lot commercial subdivision lying at the northwest corner of Three TR_�:_7-'--- T'7.,_-3 "i1- 7_L _ �7__ T l All _ _ 1 1v111C LJ1SvC ciL1U I-AUIL11 MUnUIU11 I'WiAU. 111C lot C;olltalils apl.JrtJ1S111iiitCly l.V`tV cll%IC cCalCl will be developed with an office building at some point in the future. The property is zoned R-5, a Residential / Professional Office District, that has a minimum lot size requirement of 7,000 square feet and a minimum lot width of 70 feet. This district is intended primarily for professional office uses. There is a remainder parcel to the east of this property that contains approximately 1.037 acres and has been developed with an office building recently. The property can be described as an. Amended Plat of Lot 2A of the Amended Plat of Lot 2 of the Amended Plat of Three Mile Drive Corner and a portion of Lot 20, Block 1 of Northwest Tracts located in Section 1, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Our office waived the preliminary plat on February 23, 2005 subject to five conditions because it has been found that the subdivision can meet the; criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Specifically, it can be found that the following conditions exist: 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 conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Public sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations. 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. Pr€ i,iding Community, Planning Assistance To: * City of Kalispell ® City of Whitefish - City of Columbia Palls Final Plat for North Pointe Professional Subdivision April 13, 2005 Page 2 The Kalispell City Council will need to adopt findings of fact for approval found in attached staff report KWP-05-1 concurrent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been, met. COMPLIANCE WITH CONDITIONS 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 final plat is in compliance with the preliminary plat which was waived. Condition No. 2. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of streets in the area to City standards. * This condition has been met The required note has been placed on the face of the final plat. Condition No. 3. A municipal facilities exemption be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer are available and will be provided to both lots. • This condition has been met. Letters from the State and the City have been submitted with the final plat as required. Condition No. 4. A shared access for the newly created lot be developed with access being taken from the remainder parcel to the west. • This condition has been adequately addressed. There is a note on the plat for shared access. When the parcel is developed access will be taken from this location. Condition No. 5. This waiver of preliminary plat approval is valid for three years and will expire on February 23, 2008. • This condition has been met. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved. 2 Final Plat for North Pointe Professional Subdivisions April 13, 2005 Page 3 COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivisions Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the R-5, Residential / Professional Office, zoning designation assigned to the property. RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-05-w 1 as findings of fact and approve the final plat for North Pointe Professional Subdivision. Please schedule this matter for the next regular city council of April 18, 2005. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, 11-'Iove� '`�-- ITT._._ _ A i` arda I.. ITT! AT.11 Tl vv ll�io ll, t ills Senior Planner NW/ Attachments: 1 opaque rnylar 1 reproducible mylar 1 paper copy Staff Report KWP-05-1 Final plat applications dated 2 / 12 / 05 Letter from TCPO for pre plat waiver dated 2/23/05 MDEQ municipal facilities exclusion dated 10/ 15/04 Ltr from Public Works dated 3/ 14/05 Title Report from Citizens Title dated 2 / 1 / 056 / 2 / 04 Consent to plat from Glacier Bank dated 11/4/04 Treasurers Certification dated 12 / 22 / 04 Locations Map C: Thomas Dean 8v Hoskins, 31 'Three Mile Drive, Suite 101, Kalispell, MT 59901 Pointe Professional Bldg, 690 N. Meridian, Suite 210, Kalispell, MT 59901 Theresa White, Kalispell City Clerk REPORTS \KALISPE L.\ 05, KW P5-1 LTR. DOC NORTH POINTE PROFESSIONAL SUBDIVISION TRI-CITY PLANNING OFFICE STAFF REPORT KWP-05-I. REVIEW AND FINDINGS OF FACT APRIL 13, 2005 A report to the Kalispell City Council for findings of fact for a one lot commercial subdivision. Preliminary plat approval for this minor subdivision was waived on February 23, 2005 subject to five conditions. BACKGROUND: This is a one lot commercial subdivision in an R-5, Residential / Professional Office, zoning district. The subdivision includes this lot and a remainder parcel to the west where a professional office has recently been built. A. Applicant: Thomas, Dean and Hoskins 31 Three Mile Drive, Suite 101 Kalispell, MT 59901 (406)751-5246 Pointe Professional Building, LLC Three Mile Professional, LLC 690 North Meridian, Suite 210 Kalispell, MT 59901 B. Location: The property is located at the northwest corner of Three Mile Drive and North Meridian Road. The property can be described as an amended plat of Lot 2A of the amended Plat of Lot 2 of the Amended Plat of Three Mile Drive Corner and a portion of Lot 20, Block 1 of Northwest Tracts located in Section 1, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Size: Total area: 1.040 acres D. Existing and Adjacent Land Uses: Currently this property is an undeveloped portion of the property proposed for subdivision. The remainder portion of the Lot is 1.037 acres where an office building was recently constructed. There is an office building to the north and south of this property with some other uses in the immediate area of a commercial nature. E. Zoning: The property is zoned R-5, Residential / Professional Office. This zoning district has a minimum lot width requirement of 70 feet and a minimum lot size requirement of 7,000 square feet. The lot exceeds the minimum lot size requirements for the district and is in compliance with the zoning. F. Relation to Growth Policy: The property is designated as Urban Mixed Use in the Kalispell Growth Policy 2020. The existing R-5 zoning and the proposed uses for the site comply with the anticipated development for the area. G. Utilities: This subdivision will not require any utilities to serve it other than the availability of water for a hydrant in case of a fire since the lot will be developed as a parking lot. Full urban services are available to the lot as referenced below. Water and Sewer: Electricity: Telephone: Gas: School: Police: Fire Protection: City of Kalispell Flathead Electric Coop CenturyTel Northwest Energy School District #5, Kalispell City of Kalispell City of Kalispell REVIEW AND FINDINGS OF FACT This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision. Regulations. A. Effects on Health and Safety: Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected to significantly impact the service provided by the district. A fire hydrant is located nearly across the street from this property to the north. Vegetation and tonoaranhv: The vroverty is relatively level and has mature vegetation and landscape that will likely be removed at the time the property is developed. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped in big game habitat winter range and does not provide habitat to significant wildlife other than some birds and small animals. C. Effects on the Natural Environment: The subdivision will not be required to be served by City of Kalispell water and sewer. There is no surface water or ground water in the area that can be anticipated to be impacted when this property is developed due to surface run off. Any impacts on the natural environment related to this subdivision will be insignificant. D. Effects on Local Services: Sewer and Water: The City of Kalispell will be providing water and sewer service to the property at the time the property is developed. City water and sewer are in close proximity to the site and would be able to serve it if needed. 2 Access and Roads: Access to the site can be obtained directly from Three Mile Drive and an access was negotiated as part of the North Meridian Road right- of-way acquisition for its future reconstruction. This intersection will also be reconstructed as part of that project and access improved as a result Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is commercial in nature and will not have impacts on the enrollment of the school district. Parks: Parkland dedication is not required for minor or commercial subdivisions. Police Protection: 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 Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: refuse disposal will be provided by the City of Kalispell. 'The proposed subdivision is not expected to impact the landfill. Medical Services: Emergency medical service is provided by the Kalispell Regional Hospital; Ambulance and Life Flight services are also available. E. Effects on Agriculture: This subdivision is in the urban area of Kalispell and the area has been anticipated to be developed to an urban density. This property has not been used for agricultural purposes in the past and will have no effect on agricultural activities in the valley. F. Compliance with the Kalispell Subdivision Regulations This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.06 of the regulations which include the following: (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 conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (d) the subdivision complies with these regulations and zoning regulations, (7) there is no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental wildlife and wildlife habitat and the public health and safety. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. G. Compliance with the Kalispell Zoning Ordinance: This subdivision complies with the minimum lot size and lot width rr-ouirements of the R- Reeiflential / Professional Office zoning district. At the time the lot is developed, it will be required to be developed in accordance with the Kalispell Zoning Regulations. The subdivision complies with the zoning for the property. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-05-1 as findings -of -fact for the proposed subdivision and approve the final plat for North Pointe Professional Subdivision. H:\FRDO\REPORTS\KALISPEL\KWP\05\KWP-05-1 north pointe MDC March 17, 2005 Tom Jentz, Director Tri-City Planning Office Ford Bldg, 17 2'6 Street E., Suite 211 Kalispell, :SIT 59901 Re: North Pointe Professional Subdivision Dear Mr. Jentz: Attached is the final plat of the above referenced minor subdivision, along with the following supplements: ♦ ,Signed application form ♦ .Application fee - $640.00 ♦ Tax certification ♦ Platting certificate (dated February 1, 2005) ! nncPnt to Pf aff;n- k" t--l—;— D -sir i au�t.Ea�, v,y vxaa..a.vi irra.iui ♦ Municipal Facilities Exclusion letter from DEQ ♦ Letter from Kalispell Public Works, certifying availability of water and sewer service. A waiver of protest to an SID has been placed on the face of the plat. Access to Lot l will be from the remainder parcel, which currently accesses Three Mile Drive. Feel free to call if you have questions. Sincerely, THOMAS, DEAN & HOSKINS, ETC. a � Richard J. Swam, P.L.S. RJS:cr K04-019-002 Encl.: Referenced Above ' 0- BOX 200901Helena, MIT 59620-0901 (406) 444-2544 October 15, 2004 0'q Thomas Bean R Hoskins Inc ? ` ;� Richard J Swan PL,S 690 N Meri.dian Suite 101 Kalispell MT 59901 RE: NNof-th Pointe Professional SuMiVislop, Municipal Facilities Exclusion EQ#05--1646 ON of Ka hsnell Flathead County Dear Mr Swan: This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125 (2)(d) MCA, this subdivision is not subject to review, and the plat can be filed with the county cleric; and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed �76-4-111 (3)), MCA!. Constriction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This pile has been mailed to the Public Water Supply Section, Kalispell Office for their review. Sincerely, /7�4 J � ,f [4A1� i :.7 i�Cic€i lcllitd Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — entail jskaarland@state.mt.us cc: City 1-ngilleer Courity Sanitarian dle ' emmlized services dalvision Llivsi3' a 11ermiPTl g &. Cam..F fiance DMi,�n . 'Nana mq, Prev; ntim & Anistance Divinm a i emteJiati©n'i�isi City of Kalispell Public Works Department Post Office Box 1997- Kalispell, op no, 591X)3-1997 - Telephone (406)738-7720, Fax (406)758-78' 31 March 14, 2005 Thomas, Dean & Hoskins, Inc. 690 North Meridian Road, Suite 101 Kalispell, Montana 59901 Attention: Richard 1. Swan, P.L.S. RE: North Pointe Professional Subdivision Kalispell, Montana Gentlemen, Water and sewer services are available to the lots in the referenced subdivision from Three Mile Drive. The City has adequate capacity to provide water and sewer services to this project. If you have any questions, please do not hesitate to contact this office. Sincere an Castles, P. Assistant City Engineer Cc: Tri-City Planning Office Tri-City Planning Office 17 Second Street East -- Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricftyRLannigg2kcentuKytel.net www.tricitypLanning-mt.com February 23, 2005 Michael W. Fraser, P.E. Thomas, Dean and Hoskins 690 North Meridian Rd., Suite 101 Kalispell, MT 59901 Re. Waiver of Preliminary Plat Approval — North Pointe Professional Subdivision Dear Mr. Fraser: This letter is in response to your request for waiver of preliminary plat approval for a one lot subdivision located at the northwest corner of Three Mile Drive and North Meridian Road in Kalispell. The lot will contain. approximately 1.040 acres from the approximately 2.077 acre original lot leaving a remainder parcel of approximately 1.037 acres. This property is currently zoned R-5, a Two Family Residential, zoning district and can be described as Lot 2A of the Amended Plat of Lot 2 of the Amended Plat of Three Male Drive Corner and a portion of Lot 20, Block l of Northwest Tracts in Section. 1, Township 28 North, Range 22 West, PMM, Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under Section 2.06 of the Kalispell Subdivision Regulations. Specifically it meets the following criteria: (1) the subdivision 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, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. Due to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval subject to the following conditions: That the final plat is in substantial compliance with the preliminary plat that was waived. 2. That a note be place on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of streets in the area. to City standards. Providing Community Planning Assistance To: ® City of Columbia Falls a City of Kalispell ® City of Whitefish North Pointe Professional Subdivision February 23, 2005 Page 2 3. A municipal facilities exemption be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer service are available and will be provided to both lots. 4. That a shared access for the nearly created lot be developed with access being taken from the remainder parcel to the west. 3. This waiver of preliminary plat approval is valid for three years and will expire on February 23, 2007. Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please call Narda Wilson, Senior Planner, at this office. Sincerely, Thomas R. Lentz Planning Director LETTERS \WAIVEPP\fly\NORTH POINTE.DOC Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone, (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION KALISPELL _X WHITEFISH COLUMBIA FALLS Project /Subdivision Name: North Pointe Professional Subdivision Contact Person: Michael W. Fraser, P.E. Owner & Mailing Address: Name: THOMAS DEAN & HOSKINS, INC. Address: 690 North Meridian, Suite 101 Kalispell MT 59901 Phone No.: 406-752-5246 Date of Preliminary Plat Approval: Waived Pointe Professional Building,LLC Three Mile Professional, LLC 690 North Meridian Suite 210 Kalispell MT 59901 Type of Subdivision: Residential Industrial Commercial —X _.._PUf Other No. of Lots Proposed 1 Parkland (acres) NA Land in Project (ac.) 1.040 ac. Cash -in -Lieu NA Exempt X FILLING FEE ATTACHED $640.00 Minor Subdivision with approved preliminary plat $400 + $40/lot Major Subdivision with approved preliminary plat $650 + $40/lot Subdivisions with Waiver of Preliminary Plat $600 + $40/lot Subdivision Improvements Agreement $ 50 Attached Not Applicable (MUST CHECK ONE) _X Health Department Certification. (Original) _X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) ^X Consent(s) to Plat (Originals and notarized) _X_ Subdivision Improvements Agreement (Attach collateral) _X Parkland Cash -in -Lieu (Check attached) _X_ Maintenance Agreement _X Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned **The plat must be signed by all awners of record, the surveyor and the examining land surveyor, Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met.In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be fonvarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Tri-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 County Clerk & Recorder requests that all subdivision final P1 applications be accompanied with a digital copy. Owner(s) Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an Auto CAD file format, consisting of the following layers:... 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public Iand survey system As approved by the TCPB, Effective 3/ 15/04 2 I Title Insurance CO'nPany irs rl c - fob Nc - 1282 {Rev. FIDE NO.: CT-82960 CT-82960 H 338965 FEE: $125.00 SUBDIVISION OR PROPOSED SUBDIVISION: North Pointe Professional Subdivision SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES: Thomas, Dean and Hoskins, Inc. FOR THE PURPOSE OF AIDING .TITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, IN A SUN? NOT EXCEEDING $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described as follows: A tract of land located in the Southeast Quarter of the Southeast Quarter of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, being more particularly described as follows: Commencing at the Northwest corner of Lot 2 of the Amended Plat of Three Mile Drive Corner, records of Flathead County, and the Point of Beginning; thence North 89'48'02" East along the North boundary of said Lot 233.94 feet to the Northeast corner of said lot; thence south 03'01'34" West along the East boundary of said lot, 169.65 feet; thence South 51* 8'23" West along the Southeasterly boundary of said lot, 41.54 feet; thence South 89'46'12" West along the South boundary of said lot, 202.91 feet to the Southwest corner of said lot; thence North 03'02'00" East along the West boundary of said lot, 195.66 feet to the Point of Beginning. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS: North Pointe Professional. Subdivision Continued... FILE NO.: CT-82960 PAGE 2 H 358985 (1) Parties having record title interest in said lands whose signatures are necessary under the requirei^.ents of Flathead County Sund=vision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, aver-ues and other easements offered for dedication dedication by said Plat are: Pointe Professional Building, LLC as to a portion - Owner �-ND Three Mile Professional, LLC as to a portion - Owner Glacier Bank, Beneficiary (2) Parties holding l-ens or e:cu-:-, ra,sces or. the Litle to said =ands are: 1. General and special county and city taxes for the year 2005, a Lien not yet payable. 2. General and special city and county taxes for the year 2004, a lien now payable. 3. Deed of Trust dated January 15, 2004, to secure an indebtedness in the principal sum of AMOUNT $181,039.00, and the total principal indebtedness that may be outstanding at any given z me which is secured by this Deed cf Trust is $217,246.80. RECORDED February 2, 2004, as Doc. No. 2004-033-12160, records of Flathead County, Montana. GRANTOR Pointe Professional Building, LLC TRUSTEE Citizen's 'Title and Escrow Co., Inc. BENEFICIARY: Glacier Bank (3) Easements, claims of easements and restriction agreement of record are: 1. Terms and conditions of Party Well Agreement by and between Doris H3,11hert and Charles a. Druesdow and Shirley A. Druesdow, recorded November 30, 1959, in Book 429, Page 731. as Doc. No. 7526, records of Flathead County, Montana. Addendum to Party Well Agreement, recorded June 24, 1993, as Doc, No. 93-175-13460, records of Flathead County, Montana. 2. Resolution No. 347 executed by the City of Kalispell for annexation of a portion of Three Mile Drive, recorded June 18, 1979, in Book 669, Page 786, as Doc. No. 8883, records of Flathead County, Montana. 3. Possible easement created by documents recorded September 24, 1945, in Book. 261, Page 538 and Fehruary 24, 1953, in Book 341, Page 290, as Doc. No. 1034, records of Flathead County, Montana. 4. 20 foot utility easement as shown on the Plat of Three Mile Drive Corner. Continued... FILE NO.. C7-62960 PAGE 3 H 358985 5. Utility easement as described on the Plat of Three Mile .Drive Corner. 6. Subdivision Plat Notes as described on the Plat of Threw Mile Drive Corner. 7. 20 foot utility easement as shown on the Amended Plat or Lot 2 of the Amended Plat of Three Mile Drive Corner, and a portion of Lot 20, Block 1 of Northwest Tracts. 8. Utility easement as described on the :mended Plat of Lot 2 of the Amended Plat of 'Three Mile Drive Corner, and a portion of Lot 20, Brock 1 of Northwest Tracts. 9, Resolution No. 3877 executed by the City of Kalispell for including therein, as an annexation, certain real property to be known as Northwest Tracts Addition No. 234 recorded June 9, 1939 as Doc. No. 89-160-00430, records of Flathead County, Montana, Amendment recorded September 6, 2001, as Doc. No. 2001-249-10370, records of Flathead County, Montana. 10. Resolution No. 1055A executed by Board of County Commissioners, Flathead County, Montana for an amendment to the Kalispell City -County Master Plan by adding the North Meridian neighborhood Plan as an addendum to the Kalispell City -County Waster Plan, recorded January 3, 1995, as Doc. No. 95--003-14250, records of Flathead County, Montana. 11. County road rights -of -way not recorded and indexed as a conveyance in the office of the Clerk and Recorder pursuant to title 70, chapter 21, M.C.A. 12. Terms and conditions of an easement shown on Warranty Deed recorded February 2, 2004, as Doc. No. 2004--033-12150, records of Flathead County, Montana. 13. Provisions in deed to Pointe Professional Building, LLC, recorded February 2, 2004, as Doc. No. 2004--033-12150, records of Flathead County, Montana, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, cclor, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 14. Hazardous Substances Certificate and ludemnity Agreement, executed by and between Point Professional Building, LLC and Glacier Bank, recorded February 21 2004, as Doc. No. 2004-033-12170, records of Flathead County, Montana. Continued... FILE NO.: CT-82960 PAGE 4 H 358985 15. The effect of restrictions contained in Certificate of Subdivision _plat Approval recorded with the Amended Plat of Lot 2 of the Amended Plat of Three Nile Drive Corner and a portion of :mot 20, 31ock 1 of Northwest Tracts, recorded September 13, 2004, as Doc_ No. 2004-257-15350, records of Flathead County, Montana. 16. Easement and right-of-way for highway putDcses granted to Montana Department of Transportation, recorded June 1, 2004, as Doc. No. 2004-153-08112, records of Flathead County, Montana. 17, Unrecorded leaseholds if any; rights of parties in possession other than the vestees herein; rights of secured parties, vendors and vendees under conditional sales contracts of personal property installed on the _remises herein; and rights of tenants to remove trade fixtures. 18, No liability is assumed for any tax imposed by Sections 15-30-201 through 15-30-209 MCA wherein a Warrant for Distraint or Certificate has now been filed in the Judgment Docket pursuant to Section 15-1-704 MCA. 19. Utility Easements as shown on the proposed Plat of North Pointe Professional Subdivision. NOTE: No mineral search has been done on the subject property and Ais policy does not insure minerals or title to minerals; however, the following instruments have been found during the course of our title examination: 50% of all minerals, oil and gas in or under herein described land, as reserved by The Federal land Sank of Spokane, a corporation by instrument recorded September 24, 1945, in Book 261, Page 538, records of Flathead County, Montana, and all of the mineral rights by M.A. Wuebbenherst and Alvina Wuebbenherst in Warranty Deed recorded February 24, 1953, in Book 341, Page 290, as Doc. No. i034, records of Flathead County, Montana. The above described property is located within and subject to the jurisdiction: of the Kalispell Fare District. DATED: February 1, 2005 at 8:00 A.M. Subscribed and sworn to before me P NOTARIALV= SEAL sl � V TRACY I WON NOTARY PUSUG MQNTANA Residing M Ka%p k WMw this 3day of tC-A'D 2005 Notar ?ublic for State of Montana Residing at My Commission Expires My Comm. Expires Aug.16, 2005 THE END CONSENT TO PLATTING Pursuant to Section 76-3-612, Montana Code Annotated, 1979, the undersigned, acting on behalf of Glacier Bank, being an owner of interest in the property to be subdivided as: NORTH POI TE PROFESSIONAL SUBDIVISION do hereby consent to the platting of said subdivision. Glacier Bank r By: r CERTIFICATE OF NOTARY State of _ )) County of / I�"'` ) ss: On this 0/day_of 2004, before me the undersigned, a Notary Public for the State of , personally appeared - known to me to be the person(s) whose names are affixed to the Consent to Platting and acknowledged to me that they executed the same. r, NotaryPublic for the State of �� G ' Z_' 7 CHARLES E. VERNON NOTARY P118LIG-MONTANA *. SF -A "= Residing at Resuiiny a. Kaispe , Manlana l� My Comm. Expires March 11, 2Wa �J My Commission Expires Plat Room Flathead County, Montana 800 S. Main St. Kalispell, NIT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY: FOR: F rSiC� DAT_y.o� VFri DFSCP:"# 1`U1(1 �I�D�` PURPOSE I YEARS ASSESSOR # 2000 T H R U 0C--_�--- 0307 zoo b?l41 900 -- & TO DATE i hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. DeputA-- er (seal)