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5. Resolution 5082 - Final Plat - Hold 'Em SubdivisionCity of Kalispell Planning Department 17 - 2 d Street East, Suite 2 .- . Kalispell., Montana ,fax: 40751-1858 REPORT TO: ROM: SUBJECT: Kalispell Mayor and. city Council Nard.a A. Wilson, Senior Planner James H. Patrick, city Manager Final Plat Approval of Hold `Erg. Subdivision MEETING ATE* December 5., 2005 BACKGROUND: This is a request for final plat approval of a subdivision that creates two residential lots; one which accommodates an existing single family dwelling and the other which has a detached garage but will also be developed with another dwelling at some point in the future. Preliminary plat approval for this subdivision was waived on August 22, 2005 subject to conditions. This property is located on the west side of Fifth Avenue West between l to Street West and 1 tb Strect West. The existing lot contains approximately Proposed. Lot 1 will con.tw'n approximately contain approximately 7,916 square feet. garage on proposed Lot 2. o. 2oof an acre or 18,295 square feet. 0,373 square feet and. proposed Lot 2 will `here is a. house on proposed Lot 1 and a. This property is zoned A-1, a Low Density Residential Apartment on district which has a. minimum lot width of 60 feet and a. minimum lot size of 6,000 square feet. The RA-1 zoning for the property allows single family and duplex dwellings as permitted uses and is the primary use anticipated in this district. The subdivision complies with the zoning for the property. Our office waived the preliminary plat subject to several conditions because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in. Section 2.0of the Kalispell Subdivision Regulations. Specifically, it can be found that the following conditions itions exist: Findings of fact for approval of the plat are found in attached staff` report KW -o - which reviews the conditions of approval and a how they have been. met. RECOMMENDATION. A motion to adopt the findings of fact in the staff report and approve the resolution for the final plat would be in order. FISCAL EFFECTS: Potentially minor positive effects. A ERNA r6rES: As suggested by the city council. Final Plat for Hold Sm Subdivision November 22, 2005 Page 2 Respectfully submitted Narda A Wi son Senior Planner Report compiled: November 22, 2005 c: Theresa V&ite, Kalispell Ci-ty Clerk ......... .......... ... .... . .. .. ....... ....... V a m s H. tri""Flack City Manager attachments: Transmittal letter and application Staff report KWP-05-6 Plats H: �REPORTS \... \ KWP05-6 -DOC 2 �►o 1 N. 5082 A RESOLUTION APPROVING THE FINAL PLAT of HOLD 'EM SUBDIVISION, DESCRIBED AS ASSESSO "S TRACT - , LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, .M.R, FLATHEAD COUNTY, MONTANA. WHEREAS, Lisa M. Salmon, the owner of certain real property described above, have petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on August 22, 005, by the Kalispell Planning Department according to Section 2.0of 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 2.0(Preliminary Plat Process -Minor Subdivision -Preliminary Flat waiver), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report Kw -o5- 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 CoUNCEL OF THE CITY OF FOLLOWS. - SECTION . That the Findings of, act contained in Kalispell Planning Department t Report #KWP-05-6 are hereby adopted as the Findings of Fact of the City Council. SECTION H. That the application of Lisa M. Salmon for final plat approval of Hold `Erg. Subdivision in Section 17, Flathead County, Montana, is hereby approved. SECTION 111. 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 5 H DAY of DECEMBER,, 2005. ATTEST: Teresa White City Clerk Pamela B. Kennedy Mayor City of Kali*spell Planning Department 17-2 na Street East, Suite 211, Kalispell, Montana 59901 Telephone: 4 751-1850 Fax; 75 1 -19.58 We site: kalispetIplanning.com November 23, 200 James H. Patrick, City Manager City of Kalispell P.O. Bx 1 997 Kalispell, MT 503 RE: Final Plat Approval, for Hold `Ens Subdivision Dear Jim: Our office has received an application for final plat approval from Smith Surveying on eha f of Lisa M. Salmon for a two lot residential subdivision. This subdivision creates two residential lots; one which accommodates an existing single family dwelling and the other which has a detached garage but will also be developed with another dwelling at some point in the future. Preliminary plat approval for this subdivision was waived on August 22, 2005 subject to conditions. This property is located on the west side of Fifth. Avenue west between 14th Street West and 18th Street West. The existing lot contains approximately Proposed Lot 1 WIll contain approximately contain approximately 7,916 square feet. garage on proposed Lot 2. 0.420of an acre or 18,295 square feet. 10,,3' 3 square feet and proposed Lot 2 will There is a house on. proposed Lot 1 and a This property is zoned RA-1, a. Lour Density Residential. Apartment ent zoning district which has a. minimum lot width of 60 feet and a. minimum lot size of 6,000 square feet. The property can be described as Assessors Tract -1 located in. Section 17, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana. This area is primarily residential in. character. The R.-1 zoning for the property allows single family and duplex dwellings as permitted uses and is the Primary use anticipated in this district. The subdivision complies with the zonirig for the property. Our office waived the preliminary Plat subject to several 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. Hold `Em Subdivision Final Plat November 23, 2005 Page 2 Each lot has a. suitable ildin site and there are no environmental hazards present. 5. Public surer and grater are adequate and in place. . The subdivision complies with the subdivision regulations and current zoning regulations. . No significant effects are anticipated on a 'culture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. The Kalispell City Council will need to adopt findings of fact for approves found in the attached staff report KWP-05- 5 concurrent with the final plat approval. The following is a list of the conditions of approval and a. discussion of how they have been reset. COMPLIANCE CNDMS OF APPROVAL Condition N . 1. That the final plat is M s . substantial compliance with the -elm a -y plait that was waived. This condition has been met. The fmal plat complies with the preliminary plait that 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 i� rovement 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. The final plat shall i dica.te the location of existing ild i s and demonstrate that compliance with the development standards of the R-4 zoning district have been met. • This condition has been met. The location of the existing building have been indicated on the final plat and comply with the setbacks of the zoning district Condition No. 4. A municipal facilities exemption be obtained from the Montana Department of Environmental Quality. This condition has been met. The required letters from M EQ and the City of Kalispell. have been submitted with the fmal plait application. Condition No. 5. This waiver of preliminary plat approval is valid for three years and will expire on August 22, 2008. This condition has been met. The final plat has been submitted prior to expiration of the waiver. Hold 'Em Subdivision Final Plat November 23, 2005 'age COMPLLkNCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved. COMPLIANCE WITH THE SUBWISION REGULATIONS: This subdivision prat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE 'ZONING REGULATIONS This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the R- , Two Family Residential, zoning designation assigned to the property. RECOMMENDATION: All of the conditions of prelimina-ry plat approval have been adequately addressed. The staff recornmends that the Ka.lis eH City Council adopt the attached staff report KWP-05-6 as findings of fact and approve the final plat for the subdivision. Please schedule this matter for the next regular city council meeting of December 5, 2005. You may call me at o 51-1850 if you have any questions regarding this subdivision. Sincerely, Narda A. 11snn Senior Planner Attachments: Vicinity snap 1 opaque mylar 1 reproducible myiar 1 paper copy Staff Report KWP-05-6 Final plat application Letter from KPD for pre plat waiver dated S / 22 / 05 DEQ approval #E.Q. #06-01533 dated 9/23/05 Ltr froarza. KPZN dated 8 / 26 / OS Ltr from KPW dated 8/26/05 Treasurers Certification dated 11/28/05 Title Report from Flathead Title Company dated 10/25/05 Consent to plat dated 11 / 16 / 05 Consent to plat dated 11 / 29 / 05 Hold ` m Subdivision Final Plat November 23, 2005 Page c: Smith Surveying, 291 Third Ave EN, Kalispell, MT 59901 Lisa M . Salmon, 1502 Fifth Ave East,, Kalispell., MT 59901 Theresa White, Kalispell City Clerk HOLD `EM SUMSN KALISPELL PLANNING DEPARTMENT STAFF REPORT KWP-- VIEW AND FINDINGS OF FACT NOVEMBER 23, 2005 This is a. report to the Kahs ell City Council for findings of Fact for a two lot residential subdivision. Preliminary plat approval for this minor subdivision was waived on August 22, 2005 subject to five conditions. , ►,CK it UW: This is a residential subdivision that creates two lots. There is a lot to accommodate the existing single family residence which will remain and another lot udth a garage that ill also rema' with the newly crated lot being developed With a d rell m' g at some point in the future. This is zoned RA- 1, low Density Residential Apartment. . A. , p . ant: Lisa M . Salmon 1502 `ith Ave East Kalispell, MT 59901 Technical Assistance: Smith surveym 291 Third Ave EN Kalispell, MT 59901 (406)2 - 32 Location: The property is l.oca.ted, on the east side of This property is located on the merest side of Fifth Avenue Nest between 14thStreet West and 18thStreet Vest. It can be described as assessors Tract 5-1 located in Section 1 `, Township 28 North, Range 21 Nest, P.M.M., Flathead County, Montana. C, Size: Total are a -. 0.420 of are acre Lot 1: 0.238 of an acre 10,373 square feet) Lot 2: 0.1.82 of an acre (7,916 square feet) B. fisting and Adjacent Land Uses: Currently this property is developed with a single family dwelling on proposed Lot 1 that will remain. There is also are existing garage on proposed Lot 2 that will also likely remain. The area is rimar'l.y single family d rellmgs with some duplex and multi -family dwellings in the area.. �. Zoning: This property is zoned RA-1., a Low Density Residential Apartment ent zoning district which has a minimum lot width of 60 feet and a minimum lot size of 6,000 square feet, The RA- 1 zoning for the property allows single family and duplex dwellings as permitted uses and is the rimary use anticipated in this district. Multi -family dwellings are a conditionally ally ermitted. use. D. Relation to Growth Policy: The property is designated as Urban Residential in the Kalispell Growth Policy 2020. The existing RA-1 zoning and the proposed uses for the site comply with the anticipated development for the area. E. Utilities: Water and Sewer: Electricity: Telephone: Gas: School: Police., `ireProtection: City of Kalispell Flathead Electric Coop CenturyTel Northwest Energy School District , 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 Ka is ell Subdivision Regulations. A. Effects on Health and Safety: F re: The area is anticipated to he 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 topography.- The property is relatively level and has some limited mature vegetation - some that will likely remain. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped in big ame habitat winter range and does not provide habitat to significant wildlife other than some birds and small anitnals with occasional deer in the area. C. Effects on the Natural Environment: The subdivision will he served by City of Kalispell water and sewer minirm'zing impacts to groundwater. 'there is no surface water or ground water in the area that can he anticipated to be impacted when this property is developed, Any impacts on the natural environment related to this subdivision will be insignificant. t. D, Effects on Local Ste: Sewer and. water: The City of Kalispell will provide water and serer service to the property and currently serves the existing residence. It will serge the new residence as well once developed. There are existing water and surer main directly accessible to the site and no new water or sewer- mains will be needed to be extended to service this property. 2 E. e Access and Roads: Access to the site can be obtained directly from Fifth Avenue East. This is an existing City street that is owned and maintained the city of Kalispell. It is apprwdmately 28 feet wide does not have curb, gutter or sidewalk. The impacts to the roadways in the area will be rm'nimal. Schools.- This property is within the boundaries of School District 5, Kal s e .. This subdivision is residential �r� nature and will have meted impacts on the enrollment of the school distxict and may result in one additional school aged guild being unrolled in the district. Parks: Par and dedication is not required for minor subdivisions. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the seric provided by the police department. Fire Protection: The property is within the service istrict 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 Ka.i.spen. The Proposed subdivision is not expected to impact the landfill. Medical services: Emergency medical service is provided by the Kalispell Regional Hospital; Ambulance ce and Life Plight services are also available. Effects on Agri This subdivision is in the urban area of Kalispell and the area has been developed to are urban density. This property has not been used for agricultural purposes in the past and will have no effect on agricultural activities i the Valley. Compliance with the KaUspell Subdivision Regulations This subdivision complies with the Kalispell Subdivision Regulations. Prehn ary plant was waived because It meets the waiver criteria. provided for under Section 2.0of the regulations which include the following: i) 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 iysical access conforming to these regulations, ) each lot has a suitable ilk site and there are no environmental hazards present, 5 municipal water and sewer are adequate and in place, the subdivision comp es with these regulations and zonmg regulations, there are no significant effects anticipate on agr c-alt .re and agnc .lt .ral water user facilities, local services, the natural environmental wildlife and wildlife habitat and the pu.h c health and safety. This subdivision is i substantial compliance with the Kalispell Subdivision Regulations. 3 G. Compliance with the Kalispell Zoning Ordinance This subdivision omp i s with the mmimurn lot size a.nd lot width requirements of the RA-1, Low Density Residentiad Apartment, zoning district. Each lot meets the minimum lot size requirement for the current and proposed uses on the property. The subdivision complies with the zoning for the property. RECOMMENDATION Staff recommends ends that the Kalispell City Council adopt Staff Report KWP-05-6 as in in s-o fact for the proposed subdivision and approve the final plat. nw o\ REPORTS KA1S KWo KWP-05-15 SPRINGFIELD 4 Tri City honing -- - RO&d5 Parcels Lakes County Flathead County ALE 1 : 6,848 500 0 500 1,000 1,500 FEES" ttD-.//ma.co.flathead.mt.us/Flathead.mwf Thursday, December 01, 2005 8,51 AM Montana Department of ENVIRONM-ENTA...,LQ-,UAH-- TY P.O. .fox 2 Helena, T 59620-0901 September 23, 2005 Smith Surveying & Consulting 291 3r Ave E N Kalispell Mo Dear Mr Smith: Brian Schweitzer, Governor 10 - 2 . t. o F RE: Hold 'Erg Subdivision Municipal Facilities Exclusion EQ06- 1 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 6- -12 , MCA and ARM 17. 6.602. Under 6- - 25 2 d , MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specIfications must be submitted when extensions of municipal faties for the supply of water or disposal of sewage are proposed f 76- -1 1 , MCA . Construction of water or sever extensions prior to Q, 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. e: C-Ity Engineer County Sanitarian file Enforcement Division - Permitting & Compliance Division $ Planning, Prevention & Assistance Division * Remediation Division C*ty of Kali*spell Publi*c Works . . ._w. t Post Office Box 1997. Kalispell, Montana 59903-1997 - `telephone -' r 20, Fax (406)758-7831 �ry �V August zs, zoos Department of Environmental Quality Permitting and Compliance Division WS/CS 109 Cooperative Way,, Suite 105 Kalispell, Montana 59901 Attention: Walter M. Lauder, P.E. Environmental Engineer Serialist R: Hold `Erg Subdivision Kalispell, Montana Dear Max, This letter is to confirm that the City of Kalispell has reviewed the Plat prepared by Smith Surveying and Consulting for the referenced project. The Kalispell water and sanitary sewer systems have adequate capacity to serge the project from the existing water and sever mains within the adjacent city street right-of-way Please feel free to call if you have any questions, Sincerely, A i Frank Castles, P.E. Assistant City Engineer cc: Smith Surveying and Consulting CI*ty of Kali*spell Publi*c Works Department Past Office Box 199T, Kalispell, Montana 3-1 7 - Telephone -" , Fax (406)758-7831 August 26, 2005 S.R. (Dick) Smith Smith Surveying and Consulting 291 Third Avenue EA. Kalispell, MT 5990 RE: "`Hold ` EmI" S bdiviso Kalispell, Montana Dear Mr* Smith, The water and sanitary sower facilities for the referenced project are within the adjacent city street right-of-way. The City has adequate capacitor to provide water and sower services to this project. If you have any questions, please do not hesitate to contact this of. Sincerely, Frank Castles, P,E. Assistant City Engineer Plat Room nathead County, Montana Main St. Kalispell, AST 59901. (406)758-5510 This Fora is for lbi Condominiums Only pip By: SMIT14 SALMON DATE OE S w LD ' M SUB Tr, SN in17-28-21) YEARS 2004 TEIRU 2004 0?" 6 x 4 dAtL ASSESSOR � 073'S9S9 PURPOSE., SUB. i hereby certify that them are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. Deputy Treasurer (seal) N 0 V 2 Form No, 1068-2 Commitment No.: F - ' ' Plain Language Commitment Page 1 of tounty�� Arl .r T -&Ie Com &- any 120 First Ave, West/P.O. Box 188, Kalispell, MT 59901 Phone(4a6)755-5U28 - Fax(406)755-3299 Escrow Officer. Bari Moore Title Officer: Sheri Smith To: American Homestead Mortgage Order o. 495 N, Main St, Kalispell,, MT 59901 An; Jody Your Ref: e: Property Address: 1502 Sth Ave E,, Kalispell, MT 59901 COMMITMENT FOR TITLE INSURANCE Issued by FIRSTAMERICAN TITLE INSUR4NCE COMPANY Agreement to Issue Policy FM-0 We agree to issue a policy to you according to the terms of this Commitment, When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment rate shown in Schedule A. f the Requirements uirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following. - The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-w The Conditions. This Commitment is not gelid without Schedule A and Section 1 and 2 of Schedule B. First American e Insurance Compa y � � Countersigned Flathead County Title Company Fora No. Plain Language Commitment Commitment No,: FM -39079 Page 2 of 8 3. 0 Second COMMITMENT S H DULE A Commitment Date # October 25, 2005 at : o A,M1 Policy or Policies to be issued: Owner's Policy Policy Amount Premium Amount Standard Owner's Policy 0 9 Form 1402-92 $170,000.00 * o with applied credit of (Owners reissue rate),o Proposed Insured: Stephanie s, Dalerlo Loan Policy Extended Loan Policy - -9 Form 10-9 ,o#oo $328,,60 with applied credit o lone Proposed Insured: American Homestead Mortgage, its successors and/or assigns as their respeccive interests may appear. as to Lot 1) Endorsements: 1 Loa n Policy Standard Loam Policy 1 - - Form 1056-92 $34,000,00 $40,00 with applied credit of Hone Proposed Insured: American Homestead Mortgage, its successors and/or assigns as their respective interests may appear. as to Lot 1 fee simple interest in the land described in this Commitment is owned, d, t the Commitment Date by: Lisa M. Salmon, aka Lisa Marie Salmon The land referred to in this Commitment is described as follows: Lots 1 and 2 of Hold 'Ens subdivision, an unrecorded plat in our possession. The above legal description is not yet of record and cannot be used on documents conveying title untill the survey has been recorded. Commonly known n as: 1502 5th Ave E Kalispell,. MT 59901 Form No. 1 68- PIain Language Commitment Commitment No.: PM-39079 Rage 3 of SCHEDULE B-SEC`! ONE REQUIREMENTS The following requirements must be met: Pay the agreed amounts for the interest in the landand/or the mortgage to be insureds b Pay us the premiums, fees and charges for the policy. Documents satisfactory o us creating the interest in the land and/or the mortgage to be insured must be signed{ delivered and recorded. You must tell us in writing the name of anyone not referred to in this Commitment who will get n interest in the lard or who will make a loan on the lend. We may then make additional requirements and exceptions. (e) Release(s) or Recanveyance(s) of items(s) . (f) If any document in the co pfetian of this transaction is to be executed by an attorney -in -fad, the Power of Attorney must be submitted for review prior to closing. g You must gyre us the following information: 1. Any off record leases, surveys, etc. .Statement(s) of identity, all parties. 3. Other. b Recordation of Subdivision plat, If the land covered under this commitment has a residence that is a manufactured, modular or mobile home,. with or without a permanent foundation, proof of de -titling is required, even if it is taxed as real property. Fore No. 1068-2 Commitment o,: F -39079 Plain Language Commitment Page 4 of 8 SCHEDULE B -SECTION TWO EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction, PART Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies takes or assessments on real propel or by the public records, . Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof., . Easements, claims of easement or encumbrances which are not shown by the public records. . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. S. (A) Unpatented mining Claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records. . Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shorn by the public records. . Any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas{ coal, and other hydrocarbons. 8. County road rights -of -way not recorded and induced as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70jr Chapter 21, f .C. ., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. a 2005 taxes and specla( assessments are a lien; amounts are determined and payable. The first one-half becomes delinquent after November ber th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year Ist Half 2nd Half Parcel Number 2005 $1192.18 Unpaid $1192.13 Unpaid 0735954 Taxes, charges and assessments of Kalispell Special Improvement District o, 341. Form No. 1068-2 - Plain Language Commitment A Commitment No.. FM-39079 Page 5 of 8 . Deed of Trust dated February 27, 2003, to secure an indebtedness in the principal sure of ,MIT : 3.,4.0, and any other amountsand/or obligations secured thereby. RECORDED : February 27, 2003,. as Doc. No. 2003-058-14520f records of Flathead County, Montana. GRANTOR Lisa M. Salmon, a married woman TRUSTEE : Citizens Title to & Escrow Corp. BENEFICIARY: Montana Mortgage Company Assigned to Chase Manhattan Bore Corporation, by instrument recorded October 10, 2003, as Doc. No. 2003-283-11270,, records of Flathead County, Montana. 1. Attorneys lien. Claimant: Paula Johnson -Gilchrist Amount. 4,751.30 plus interest, fees and costs as allowed by law For: unpaid ttorny's fees Recorded* October 2, 20, as Instrument No. 5-93-3. NOTE: The foregoing numbered cep ions (1-4 and may be eliminated in an ALTA Extended or EAGLE Coverage Policy. Form No. 1 6 - 'Commitment No.: FBI - Plain Language Commitment Page 6 of INFORMATIONAL NOTES A. As an accommodation and net part of this commitment, no liability is assumed by noting the following conveyances describing all or a part of the subject property, which have been recorded within the last 24 months: None B. Other than as shun in Schedule ; we find no Judgment Liens, State Tax Liens, Federal Tax Liens or Child Support Liens of record which attach to the nres or interest of the vested ownerand/or proposed insuredowner/borrower. Form No. 1} - Commitment No,: FM-39079 Iain Language Commitment Page 7 of 8 CONDITIONS .. DEFINITIONS a ` Mortgag " moans mortgage, deed of trust or other security instrument. (b)"Public Reords" means title records that give constructive notice of matters affecting the title according to the state lair where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the Public records or are created or attached between the Commitment Date and the date on which all of the Requirements a and c of Schedule B - Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B. we may amend Schedule B to show them. If we do emend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our fiabifity will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two, We shall not be liable for more than the Policy mount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you., s. CAMS MUST BE BASED THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terns. Fora Not 1068-2 Commitment No,:FM-39079 Plain Language Commitment Page 8 of ria-thead C'%sunt JLY I; Titt....-e L-0m:pUlly 120 First Ave. West/P.O. 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Confidentiality nd security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. we restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. we will use our hest 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 merican's Fair Information Values we currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information, 2001`h First American Corporation * All Rights reserved M-, SI"1�I� Si��TFYI1��' 8c CONS�IL"I'1NG '\/1k-)1Cr:: (40C3) 257-4323 (406) 7-56p-,E-100:2 Consent -To -Plat L the undersigned, for the . ien holder (Chase Home Finance), do hereby give consent -to -plat to Lisa M. Salmon H 1 ' m Subdivision, in the Southeast Quarter of the Southwest Quarter, Section 17, Township 28 North, Range 21. West, Principal Mer' is ., Flathead County, Montana., Chase Home Finance LLC successor by merger to as Ma tF an Mortgage Corporation Charita A. Ragana Asst. vice President STATE OF FLORIDA SS. COUNTY OF HILLSBOROUGH November i Date On this 16 th day o-------- November , 2005, before ore me, the undersigned, a Notary Public for the State of Florida personally appeared the abo esigne , known to -ine that they executed the same. w TIN WITNESS WHEREOF, t have hereunto set nd and. affixed my Notarial Seal the day and rear first above written. Notary Public for the State of Florida 410Frs WILLARD 0 M UL M iON # DDmycomci at f EPA WILLARD XPIRES:442524 June 0N My commission expires . r CIPS & P110to Control Surveys - 1z"I"K Mapping & S'Laking - Expert Witness Testit-nonv -Botinciary Surve s 1 0 0 1 .10 4068621447 LAW OFFICES PAGE 0 11duris j0AXS0*WPq1*rCfirt*St ATTORNEY AT LAW 6336 Highway 93 South Whitefish, Montana 59937 V7 E Telephone 4 -0 Teieftx (406) 862-1447 ID 0 2 flU0 5 November 2, 2005 KALISPELL PLANNING DEPARTMENT Attention: Stan, Russell Realty Executives R! Marria9e of Salmon To Whom It May Concern My client, Usa Salmon, called and asked that I send a letter as a lien holder agreeing to a division of the real property she owns In Flathead County, Montana, on which l have Attorneys U. I hereby consent to the division of property, as I know my lien will not be released by such division, and that it will be paid out of proceeds at time of closing on the' property by the Title company. 'lease let kn i you need anythi, further. Sincere Paul -Gilchrist PMJG-.km FLAT OF HOLD'EM SUBDIVISION PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P. .,M. FLATHEAD COUNTY, MONTANA � 6pund 518- Reber vrlRh I4&rrrdr+e<+r, Cap'THURSTON ttl9i33S" at corvwkw in6ere®clnn of 54h Avanuv Earl $ ldth $Vogl East r � d% �~ ®'e's ti4iii S�etK �`"� N m r. 77 Found 3ra` Poe as cant wkm lnwrwemk+t of ant Awrwe Eae! � 1dlh5VnatEsst 1 5 GRAD MG SOME x� �j +�aralsal Be ax paaom al x vpec,aP immvnrt,ent ea9ur 14g g7 Poe, � Wlll>a'f41 Cpe AvP+W4EsW. oil feet ja 4 xS75'4'�� w 1 � per V 413� 4¢L tR t Lpl 2 ��t Gaiage crMwgp L'Ea, 7RRtu,�Avr�RS�G3ae'v+{lMkM7lrr rww3 w (�, FQil7%F iYB'flE:&ViYWA;IJFpNVr,7 l.APjnp, fa,rlip} N . FOERK} 519' fiEBFR fdCl G1A y 5As.* F01MARW RUl AR Wf MCI OF RASTJC CAA UVZ0. MRW 2M E5' 4 WT&W-AFEAR Vff YE4-i0WPiASM-CAP"5ti17]•1f710LS' 7 �2 ASS rn1A�++ 5�•4�`i5•'A 1 1}y i Ulty Of Kaf-'11'Spell Planning Department _ "'J Street Fritz Suite 211. Kalispell, a 59901 Telephone:.6 Fax : - 185 FINAL PLAT APPLICATION Project /Subdivision Name:�d � �� -r�� et. Contact Person: Owner & Mailing Address: Date of Preliminary Plat Approval:...... Type of Subdivision: Residential Y—Industrial _—Commercial �PUD Other Total Number of Lots in Subdivision Land in Project (acres)_ Parkland (acres) Cash -ire. --Lieu $ N. of Lots by fie: Single Family �._.....� Townhouse Duplex Commercial Condominium Apartment Industrial Multi -Family Exempt .)� i Mobile Horne Park Recreational Vehicle Park Planned Unit Development Other legal Deseription of fe Property �Ss_t-, Ar It &&JA AILING FEE ATTACHED $_-a Minor Subdivision with approved preliminary plat $400 + $ /lot Mager Subdivision With, approved preliminary plat $650 + $ /lot Subdivisions with Waiver of Preliminary Plat $ + $100/lot Subdivision Improvements Agreement $ 50 I Attached Not Applicable (MUSS` CHECK 1 � Health Department Certification(Original) Title Report(Original, not more than 90 days old `fax certification (Property taxes must be paid) Consent(s) to Plat Originals and notarized) Subdivision Improvements Agreement(Attach collateral) Parkland. cash -ire -Lieu (Check attached) Maintenance Agreement Plats: 1 opaque OR 2 myfars myfar copy 1 signed f f eline f effn s 4 bluelines, unsined 1 IX17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining lard surveyor. Attach a fetter, which fists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as are engineer's certification, State Department of Health certification, etc., original fetters shall 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 daysprior to expiration date o the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff rinds the application is complete, the staff will submit a report to the governing Body. The goveming body must act within 30 days of receipt of the revised preliminary plat application and staff` report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for a.pprovaf. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. f certify that all information submitted is true, accurate and complete. I understand that incomplete n orr a.tion 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 Kalispell 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 ► ivision rival plat applications be accompa i with a digital copy, AC r fgnatre Date **A digital copy of the final plat in a DrawingInterchange File XF format or an AutoCADfife format, consisting of the following layers-. 1. Exterior boundary ndary of subdivision 2. foot or park boundaries 3. Easements 4. roads or rights -of -way . A tic to either an existing subdivision corner or a. corner or the public land surrey system LEGAL DESCRIPTIONS LOT 1 Lot 1, Hold'Em Subdivision,, Flathead County, Montana LOT 2 Lot 2, Hold'Em Subdivision, Flathead. County, Montana TOTAL PROPERTY Commencing at the intersection of the centerline of 5th Avenue .fast with the centerline of 1 th Street East, Kalispell Townsite Addition Not Seven, records of Flathead Coun.ty, Montana.; thence southeasterly along said centerll.ne of 5thAvenue East, South 3 4 '52" East 333. 5 feet-, thence at right angles to said centerfine of 5th Avenue East, South 76c'13'08" West 33.00 feet to the westerly line of 5th Avenue East and the Point o Beginning; thence along said westerly line, South 13 4 ' 2" East 1.22.0 feet; thence South 7 ' 13'4 " West 149.92 feet; thence North 13 4 '52" West 121.97 feet; thence :forth 7 ° 13'08" East 149.92 feet to the .point of Beginning, containing 0.420 acre o land. City of Kalispell Planning Department 17 Second Street East, Suite 211 Kalispell, Montana 59901 Telephone: 406) 751-1850 Fax- o 1-1. 858 We site: kalispellplanning.com August 22, 2005 Jason Smith Smith Surveying & Co11s��ltilIg 91 Third Ave .East Kalispell, MT 59901 Re.- waiver of Preliminary Flat Approval --- Stan Russell l Dear .dim: This letter is in response to your request for waiver of preliminary plat for a two lot residential subdivision located on the west side of Fifth Avenue East Werth of 1 "' Street East in Kalispell. The property contains approximately 0.42 of an acre. Currently existing on the property is s single family residence on the proposed lot to the north that will contain approximately 10,800 square feet. Proposed Lot 2 will be created cantainincy approximately 7, square feet where there is an existing garage. The property is zoned -11 Low . e. it . Residential Apartment. which has a minimum lot width of 60 feet and a .x minimum lot size of 6,000 square feet. The property can be described as Assessors Tract 5-1 located in Section 17. Township 28 North, Range 21 west, P.M.1 ., 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 SubdivIston Regulations, Specifically it meets the following criteria: 1 thesubdivision contains five or fewer lots, there is no dedication of streets or public or private parkland, that the lots have legal and physical access conforming to the subdivision regulations, each lot has a suitable building site and there are no environmental hazards present; m.a.ci al sever and water are adequate and in piace; that the subdivision coy plies with the subdivision and current zorung regulations, and 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: 1. That the final plat is in substantial compliance with the preliminary plat that was waived. . That a note be place on the face of the final plat that waives protest to the creation of a special improvement t district for the future upgrade of streets in the area to City standards. . The final plat shall indicate the location of existingstrr t :re and demonstrate eon pha e with the development standards of the RA- l zoning district.. Stan Russell Subdivision lire -Plat Wai?er August 21, 2005 Page . That a municipal facilities exemption be obtained from the Montana Department of Environmental Quality. . This waiver of preliminary plat approval is valid for three years and will expire on August 22, 2008. Walve.r of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval all requirements must be vnet per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please call Nar a. Wilson, Senior Planner, at this office. Sincerely, 104 - Thomas R.Jentz Planning Director TJ/NW