3. Resolution 4913 - Final Plat - Gateway West Mall Addition #34REPORT TO:
FROM:
SUBJECT:
MEETING DATE;
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 Amended Plat of the Northeast Portion of
the Gateway West Addition #34 (Parking Lot)
July 19, 2004
BACKGROUND: This is a request for final plat approval for a one lot commercial
subdivision intended for parking in the area of the northeast corner of the Gateway
West Mall parking lot. The newly created lot contain approximately 1.795 acre and
would be used for parking for the Tele-Tech operation to be located in the former
Stream facility. The property is zoned B-3, Community Business, a commercial
zoning district. This district has a minimum lot size requirement of 7,000 square feet
and a minimum lot width of 70 feet. The subdivision complies with the minimum lot
size requirements of the district. An exemption from sanitation review has been noted
on the face of the plat since this property will no be used for construction purposes
but rather for a parking facility exclusively.
The Tri-City Planning Office waived preliminary plat review on March 24, 2004
subject to several 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
attached staff report KWP-04-4 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.
Respectfully submitted i r`;
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: July 14, 2004
c: Theresa White, Kalispell City Clerk
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
RESOLUTION NO.4913
A RESOLUTION APPROVING THE FINAL PLAT OF THE AMENDED PLAT OF THE
NORTHEAST PORTION OF GATEWAY WEST ADDITION #34, LOCATED IN SECTION 12,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, American Capital Group, 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 March 24, 2004, 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-04-4) 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 L That the Findings of Fact contained in Tri-City Planning Office Report #KWP-
04-4 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of the City of Kalispell for final plat approval of the
Amended Plat of the Northeast Portion of Gateway West Addition #34 in Section
12, 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 19TH DAY OF DULY, 2004.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
Page 1 of 1
Narda Wilson
From:
Susan Moyer [smoyer@kalispell.com]
Sent:
Wednesday, July 14, 2004 2:57 PM
To:
tricitynarda@centurytel.net
Subject: Acquisibion of Land at Gatewest Mall for Additional Parking for Teletech
One of the absolute requirements in negotiation with Teletech to occupy the old Stream facility was that the City
provide 500 parking spaces for their employees. The property that the City of Kalispell and the Flathead
Economic Development Authority own has 250 spaces that are guaranteed by American Capital to be available
for parking of any tenant that occupies this site. The only way that the City/Authority could meet the 500 space
requirement was to enter into a buy/sell agreement with American Capital for two additional acres of land owned
by AC contingent to the existing parking area to the north. The buy/sell is to be consumated within the next
couple of months and the agreement with Teletech is that the parking lot is to be constructed upon notification of
its need by Teletech. The City and the Authority will jointly (50/50) own the land and coinstruct the parking lot.
Susan
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
July 14, 2004
Phone: (406) 751-1850
Fax: (406) 751-1858
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
RE: Final Plat Approval of the Amended Plat of the Northeast Portion of Gateway West
Addition #34 (Parking Lot)
Dear Chris:
Our office has received an application from Sands Surveying on behalf of the City of
Kalispell for a one lot commercial subdivision lying at the northwest corner of the
Gateway West Mall parking lot. The lot contains approximately 1.795 acres and will be
used for parking for the Tele-Tek facility. The property is zoned B-3, a Community
Business District, that has a minimum lot size requirement of 7,000 square feet and a
minimum lot width of 70 feet. A variety of uses are allowed in the B-3 zoning district,
however, this subdivision will be used exclusively for parking and was granted an
exemption from sanitation review because there will be no buildings or other structures
on the lot. The property can be described as a portion of the Amended Plat of Gateway
West Addition No. 34 located in Section 12, Township 28 North, Range 22 West,
P.M.M, Flathead County, Montana.
Our office waived the preliminary plat on March 24, 2004 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.
Providing Community Planning Assistance To:
City of Kalispell - City of Whitefish - City of Columbia Falls
Final Plat for Amended Plat of Gateway West Addition #34
July 14, 2004
Page 2
The Kalispell City Council will need to adopt findings of fact for approval found in
attached staff report KWP-04-4 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 the lot comply with the standards of the B-3 zoning district
of the City of Kalispell.
This condition has been met. The lot complies with the standards of the B-3
zoning district.
Condition No. 3. 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
Glenwood Drive and Two Mile Drive to City standards.
• This condition has been met. The required note has been placed on the face of the
final plat.
Condition No. 4. A certificate of subdivision plat approval be obtained from the
Montana Department of Environmental Quality and the Kalispell Public Works
Department stating that municipal water and sewer service are available and can be
provided to the lot.
• This condition has been adequately addressed. Since no structures will be placed
on this plat, a sanitation exemption has been given and a note placed on the plat
that the property will not be used for development purposes.
Condition No. 5. This waiver of preliminary plat approval is valid for three years
and will expire on March 24, 2007.
• 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.
71
Final Plat for Amended Plat of Gateway West Addition #34
July 14, 2004
Page 3
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in substantial 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 B-3, Community Business, 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-04-4 as findings of fact and approve the final plat for the Amended Plat of the
Northeast Portion of Gateway West Addn. #34. Please schedule this matter for the
next regular city council of July 6, 2004. You may call me at (406) 751-1852 if you
have any questions regarding this subdivision.
Sincerely,
Narda A. I son, AICP
Senior Planner
NW/
Attachments: 1 opaque mylar
1 reproducible mylar
1 paper copy
Staff Report KWP-04-4
Final plat application dated 6/ 16/04
Letter from TCPO for pre plat waiver dated 3/24/04
Treasurers certification dated 6/9/04
Title Report from Alliance Title dated 6/2/04
Consent to plat from Glacier Bank dated 7/6/04
Location Map
C: American Capital Group, 115 S. LaCumbert Lane, Suite 302, Santa Barbara,
CA 93105
Sands Surveying, 2 Village Loop, Kalispell, MT 59901
Theresa White, Kalispell City Clerk
REPORTS\ KALISPELL\ 04 \ KWP4-4LTR. DOC
3
NORTHEAST PORTION OF GATEWAY WEST ADDN. NO 34
TRI-CITY PLANNING OFFICE
STAFF REPORT KWP-04-4
REVIEW AND FINDINGS OF FACT
JULY 14, 2004
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
March 24, 2004, subject to five conditions.
BACKGROUND: This is a one lot commercial subdivision in a B-3, Community
Business, zoning district that will provide adjunct parking to Tele-Tek. The property
will be used exclusively for parking purposes and no structures or buildings will be
placed on the lot.
A. Applicant: American Capital Group
115 S. Lacumbert Lane, Suite 302
Santa Barbara, CA 93105
Technical Assistance: Sands Surveying
2 Village Loop
Kalispell, MT 59901
(406) 755-6481
B. Location: The property is located at the northeast corner of the Gateway West
Mall parking lot which is located at the southwest corner of Glenwood Avenue
and Tow Mile Drive. The parcel contains approximately 1.795 acres and can be
described as a portion of Gateway West Addn. No. 34 located in Section 12,
Township 28 North, Range 22 West, P.M.M., Flathead County.
C. Size:
Total area: 1.795 acres
D. Existing and Adjacent Land Uses: Currently this property is an undeveloped
portion of the Gateway West Mall parking lot at the northeast corner of the site
eloped with a single family residence on the proposed Lot 2. There is a mix of
uses in the area including the post office to the east, residences to the north,
offices to the west and the mall building to the south.
E. Zoning: The property is zoned B-3, Community Business. 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 Commercial in the
Kalispell Growth Policy 2020. The existing B-3 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 EIectric 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 topography: The property is relatively level and has mature
vegetation and landscape that will likely be removed at the time the property is
developed as a parking lot.
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 server. 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 an Local Services:
Sewer and Water: The City of Kalispell will not be providing water and sewer
service to the property because it will be developed as a parking lot. A sanitary
exemption was taken for this subdivision and if at some point in the future the
property is used for something other than a parking lot the sanitation
exemption will need to be removed. City water and sewer are in close proximity
to the site and would be able to serve it site if needed.
2
Access and Roads: Access to the site can be obtained directly from Glenwood
Drive which lies directly to the east of this lot. It is also fronted by Two Mile
Drive to the north, but access will not be taken from this road. Due to the
substandard nature of these streets, a note has been placed on the plat that
waives protest the creation of an SID to improve both of these roadways at
some point in the future. The impacts to the Glenwood and Two Mile Drives
could be substantial once Tele-Tek is fully staffed. There are no sidewalks
adjacent to this property.
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, (6) 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
3
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 requirements of the B-3, Community
Business zoning district. At the time the parking 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-04-4 as
findings -of -fact for the proposed subdivision and approve the final plat for the
Northeast Portion of Gateway West Addn. No. 34.
H:\FRDO\REPORTS\KALISPEL\KWP\04\KWP-04-2 East View.DOC
4
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
March 24, 2004
Erica Wirtala
Sands Surveying, Inc.
2 Village Loop
Kalispell, MT 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity*centurytel.net
Re: Waiver of Preliminary Plat Approval for the Amended Plat of Gateway West
Addition No. 34 Parking Lot
Dear Erica:
This letter is in response to your request for waiver of preliminary plat approval for a
one lot commercial subdivision intended for parking in the area of the northeast
corner of the Gateway West Mall parking lot. The newly created lot would contain
approximately 78,000 square feet and would be used for parking. The proposed lot
would be located at the southwest corner of Glenwood Drive and Two Mile Drive in
Kalispell.
The property is zoned B-3, Community Business, a commercial zoning district. This
district has a minimum lot size requirement of 7,000 square feet and a minimum lot
width of 70 feet. The property can be described as a portion of Lot 2 of Gateway West
Addn. No. 34 located in Section 12, Township 28 North, Range 22 West, P.M.M.,
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.
Providing Community Planning Assistance To:
City of Columbia Falls • City of Kalispell a City of Whitefish
Waiver of Preliminary Plat Gateway West Parking Lot
March 24, 2004
Page 2
Due to the relatively minor impacts that this subdivision poses, this office can grant
preliminary plat approval subject to the following conditions:
1. That the final plat is in substantial compliance with the preliminary plat that was
waived.
2. That the lot comply with the standards of the B-3 zoning district of the City of
Kalispell.
3. 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 Glenwood Drive and Two
Mile Drive to City standards.
4. A certificate of subdivision plat approval be obtained from the Montana Department
of Environmental Quality and the Kalispell Public Works Department stating that
municipal water and sewer service are available and can be provided to the lot.
5. This waiver of preliminary plat approval is valid for three years and will expire on
March 24, 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. Jentz
Planning Director
LETTERS \ WANEPP\04 \GATEWAYPARKZNGLOT.DOC
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
Contact Person:
Address:- 2 VILLAGE LOOP
KALISPELL, MT 59901
Phone No.: 755-6481
Date of Preliminary Plat Approval: "2LI-wv-
o'
1 3EWff1U1WA3AMUJWY1rW �Wf le�
115 S. LACUMBERT LANE
STE 302—
Type of Subdivision: Residential ___jndustrial _Commercial PUD ---__Other XX
No. of Lots Proposed 1 Parkland (acres) 0.0
Land in Project (ac.) 1.795 Cash -in -Lieu
Exempt
mmzlmit F�
Minor Subdivision with approved preliminary plat $300 + $30/lot
Major Subdivision with approved preliminary plat $650 + $40/lot
Subdivisions with Waiver of Preliminary Plat $600 + $40/lot
Subdivision Improvements Agreement $ 50
Not
Attached Applicable (MUST CHECK ONE)
XX Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)l)
Consent(s) to Plat (Originals and notarized)
XX Subdivision Improvements Agreement (Attach collateral)
XX Parkland Cash -in -Lieu (Check attached)
XX Maintenance Agreement
Plats: 1 opaque OR 2 Mylars
1 Mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
The plat must be signed by all owners 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 of 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 forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board.
I certify that all information 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 tleis 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 and Recorder requests that all subdivision final plat applications be
accompanied with a digital copy.
n
ner(s) Signature
**A digital copy of the final plat in a Draxving Interchange File (DXF) format or an AutoCAD file format, consisting of the
follovwing layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Eastment
4. Roads or rights -Of -way
5. A tie to either an existing subdivision comer or a comer of the public land survey sytem
As approved by the TCPB on 12/19/01
Effective 1/I/02
SANDS SURVEYING, INC.
2 Village Loop
Kalispell, MT 59901
406-755-6481
Fax 406-755-6488
June 16, 2004
Narda Wilson, Senior Planner
Tri-City Planning Office
17 Second Street East, Suite 211
Kalispell, MT 59901
RE: Amended Plat of Gateway West Addition No. 34 Parking Lot
Dear Narda:
Attached please find the materials required for the review of Amended Plat of the Northeast Portion of
Gateway West Addition No. 34. it was granted a Waiver of Preliminary Plat approval on March 24, 2004
and will expire on March 24, 2007,
The following is the list of Conditions of Subdivision Approval and how each Condition was met
1. That the final plat is in substantial compliance with the preliminary plat that was waived.
The final plat submitted is in substantial compliance with the approved preliminary plat.
2. That the lot comply with the standards of the B-3 zoning district of the City of Kalispell.
This is in compliance with the B3 zoning district standards.
3. 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 Glenwood Drive and Two Mile Drive to City
standards.
See face of the final plat for this statement
4. A certificate of subdivision plat approval be obtained from the Montana Department of
Environmental duality and the Kalispell Public Works Department stating that municipal water
and sewer service are available and can be provided to the lot.
As this lot does not contain any structures utilizing water or sewer, nor is it intended to ever
contain any structures, an exemption note has been placed on the face of the final plat, and DEQ
review is not required.
41S�5 This waiver of preliminary plat approval is valid for three years and will expire on March 24,
2007.
The preliminary plat is filed before the expiration deadline.
Thank you for your kind attention to this final plat. Please feel free to call should you have questions,
concerns or require additional information.
Sincerely,
1.
/Erica Wirtala f
L
Plat Roo--i
Flathead Count.,, Mr ,,--inn
800 S. Main It.
l:alispell, PAT 59"'' i
(406) 758-5510
This Form is for Subdivisions & Condnminiums Only
BY: a
FOR: hi �'(� �` I����e,oLrrv�� DATE
DESCP: Am • PURPOSE
A4--d . 3 y
YEARS ASSESSOR #
1999T14RU_ �30L/c/I13Z
& TO DATE
I hereh;- certify that there are no outstanding tave on the property
assignor] the assessor numbers listen abnve, fnr the years indic.-f-' r r
each assessor number.
DeT�reasur§ry �
.� a
CONSENT TO PLATTING
Pursuant to Section 76-3-612, MCA 1979, the undersigned, Glacier Bank, as the
beneficiary of a Deed of Trust/Trust Indenture dated November 13, 2003 to secure an
indebtedness in the principal sum of $3,580,683.79, hereby consents to the Platting of a
tract of land to be known and named as "Lot i of the Amended Plat of the Northeast
Portion Gateway {rest Addition, No. 34".
IN WITNESS WHEREOF, said party has caused their name to be subscribed hereto on
this i ^` day of 20
't 't
�..r ""t,f �r,(.f r
STATE OF MONTANA
6V
COUNTY OF FLAHTEAD )
On this day of �, s 2004 , before me a Notary Public for the State of
Montana, personally appeared whose name is subscribed to the foregoing instrument and
acknowledged to me that they executed the same.
Notary Public for/the State of Montana
Residing at:
My Commission Expires:
ALLIA%NCE
TITLE & ESCROW CORP.
501 South Main, Kalispell, Montana 59901 (406) 752-7606
To: Sands Surveying, Inc Order No.:
2 Village Loop Date:
Kalispell, MT 59901 Reference:
Loan No.:
In connection with the above transaction, we enclose:
X UPDATED CERTIFICATE OF PLAT —NEW LEGAL
Thank you for giving us the opportunity of serving you.
'Ariance Title & Escrow Corp.
Sherri Larson
206040932
July 2, 2004
TICOR TITLE INSURANCE COMPANY
Policy No. 7403078- 1035
GUARANTEE
TICOR TITLE INWRANCE COMPANY, a California corporation, herein called the Company, guarantees the
Assured against actual loss 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.
1. No guarantee is giver} nor liability assumed with respect to the identity of any party named or referred to in
Schedule A or with respect to the validity, legal effect or priority of any matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured
because of reliance upon the assurance herein set forth, but in no event shall the Company's liability
exceed the liability amount set forth in Schedule A.
PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC
ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR
ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR
FURTHER INFORMATION AS TO THE AVAILABILITY AND COST.
Dated:
Authorized Signatory
TICOR TITLE INSURANCE COMPANY
MM
Attest
m
Reorder Form No. $993 (Reprinted IZ/00) Miscellaneous Guarantee Face Page
For Use In Montana h Wastington
CERTIFICATE OF PLAT
Guarantee No.: 7403078-1035
Order No.: 206040932
Liability: $1,000.00 Fee: S150.00
Effective Date of Guarantee: June 14, 2004 at 7:30 AM
The Assurances referred to on the face page hereof are:
That, according to the Company's property records relative to the following described real property
(but without examination of those Company records maintained and indexed by name):
A Tract of land, situated, lying, and being in the Northeast Quarter of the Southeast Quarter of Section 12,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described as
follows to wit:
Beginning at the northeast corner of the Plat of Gateway West Addition No. 34 (records of Flathead County,
Montana) which is a found iron pin on the WW intersection of the south boundary line of Two Mile Drive and
the West boundary of Glenwood Drive; thence along the west R/W of said Glenwood Drive
South 00°47'42" West 230.00 feet to a set iron pin; thence leaving said R/W and parallel to the south boundary of
said Two Mile Drive
North 89°59'56" West 339.92 feet to a set iron pin; thence parallel to the west boundary of said Glenwood Drive
North 00°47'42" East 150.01 feet to a found iron pin; thence
North 00°41'19" East 79.99 feet to a found iron pipe on said south R/W of Two Mile Drive; thence along said R/W
South 89°59'56" East 340.07 feet to the Point of Beginning.
The above described tract of land shall hereafter be known as: Amended Plat of the Northeast Portion Gateway
West Addition No. 34.
Title to said real property is vested in: ACGKalispell Investors, LLC, a Montana Limited
Liability Company
Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their
priority.
EXCEPTIONS:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on Real Property or by the public records.
2. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water.
3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads,
avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults,
Tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property,
rights or easements are expressly and specifically set forth in said description. x
4. Taxes, including any assessments collected therewith, for the year 2004 which are a lien not yet payable.
5. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted to: Hoken Limude and Jessie Linrude.
Purpose: right to enter upon land to repair ditches and convey water
Recorded: February 25, 1949
Book 299, Page 379. of Official Records.
AND
Agreement
Recorded: January 7, 1949
Book 302, Page 57, of Official Records
Purpose: Ingress and egress for the purpose of repairing and maintaining a pipeline
6. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a
document.
Recorded: February 6,1976.
Instrument No.:1188
Book 591, Page 868, of Official Records.
AND AMENDMENT
Recorded: February 3, 1984
Instrument No. 84-034-1641-0, of Official Records.
Purpose: Reciprocal Easement Agreement
An easement for the purpose shown below and rights incidental thereto as set forth in document:
Granted to: Northwestern Telephone Systems, me..
Purpose: Public Utilities.
Recorded: July 8, 1976,
Instrument No. 7338
Book: 598 Page: 863 of Official Records.
An easement for the purpose shown below and rights incidental thereto as set forth in document:
Granted to: Pacific Power and Light Company,
Purpose: Public Utilities.
Recorded: January 17, 1985.
Instrument No.: 85-017-1023-0, of Official Records
AND
Corrective Easement
Recorded: December 19, 1986
Instrument No. 86-353-1444-0, of Official Records.
9. An easement for the purpose shown below and rights incidental thereto as set forth in document:
Granted to: The City of Kalispell.
Purpose: Public Utilities.
Recorded: February 28, 1985.
Instrument No.: 85-059-1420-0, of Official Records
AND AMENDMENT
Recorded: July 31, 1986
Instrument No. 86-212-1329-0, of Official Records.
10. An easement for the purpose shown below and rights incidental thereto as set forth in document:
Granted to: Pacific Power and Light Company.
Purpose: Public Utilities.
Recorded: December 2, 1985.
Instrument No.: 85-336-1418-0, of Official Records..
11. An easement for the purpose shown below and rights incidental thereto as set forth in document:
Granted to: The City of Kalispell.
Purpose: Public Utilities.
Recorded: May I, 1984.
Instrument No.: 84-122-1130-0, of Official Records
AND AMENDMENT
Recorded: July 31,1986
Instrument No. 86-212-1329-0, of Official Records.
12. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a
document
Recorded: September 3, 1997
Instrument No. 1997-246-0938-0, of Official Records.
Purpose: Ordinance No. 1259 Approving the West Side Urban Renewal Plan for the City of Kalispell.
13. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Declaration of Restrictions and Establishment of Easements Affecting Land
Recorded: March 8, 2000
Instrument No.: 2000-068-1600-0, of Official Records.
14, Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Reciprocal Easement Agreement For Parking
Recorded: May 5, 2000
Instrument No.: 2000-126-1350-0, of Official Records.
15, Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Hazardous Substances Certificate and Indemnity Agreement
Recorded: November 13, 2003
Instrument No.: 2003-317-1153-0, of Official Records.
16. A survey or subdivision plat must be recorded before the Company insures any conveyance of the land described
herein.
17. Easements, notes and certification, as shown on the unrecorded survey made by Sands Surveying, Inc., dated
March 8, 2004 as Job No. 12511.
18. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat
Approval, to be recorded with the Amended Plat of the Northeast Portion Gateway West Addition No. 34, of
Official Records.
19. A Deed of Trust/Trust Indenture to secure an indebtedness in the amount show below and any other obligations
secured thereby:
Amount: $3,580,683,79.
Tmstor/Grantor: ACG-Kalispell Investors, LLC, a Montana Limited Liability Company.
Trustee: Alliance Title and Escrow Company.
Beneficiary: GIacier Bank.
Recorded: November 13, 2003.
Instrument No.: 2003-317-1152-0, of Official Records. (Includes Other Property)
NOTE: The above described property appears to be in Kalispell Fire District
1 3/4" PIPE
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AU IANC— TITLE
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TICOR TITLE INSURANCE COMPANY
Policy No. 7403078- 10
GUARANTEE
TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, guarantees the
Assured against actual loss 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.
1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in
Schedule A or with respect to the validity, legal effect or priority of any matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured
because of reliance upon the assurance herein set forth, but in no event shall the Company's liability
exceed the liability amount set forth in Schedule A.
PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC
ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR
ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR
FURTHER INFORMATION AS TO THE AVAILABILITY AND COST.
Dated:
F' }'`fir -
Authorized Signatory
TICOR TITLE INSURANCE COMPANY
By 7
Attest
President
Secretary
Reorder Form No. 8993 (Reprinted 12/00) Miscellaneous Guarantee Face Page
For Use In Montana & Washington
CERTIFICATE OF PLAT
Guarantee No.: 7403078-1035
Order No.: 206040932
Liability: $1,000.00 Fee: $150.00
Effective Date of Guarantee: June 14, 2004 at 7.30 AM
The Assurances referred to on the face page hereof are:
That, according to the Company's property records relative to the following described real property
(but without examination of those Company records maintained and indexed by name):
Lot I of the Amended Plat of the Northeast Portion Gateway West Addition No. 34, according to the official plat
thereof, filed in Official Records of Flathead County, Montana.
Title to said real property is vested in: ACG-Kalispell Investors, LLC, a Montana Limited
Liability Company
Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their
priority.
EXCEPTIONS:
1. Taxes or assessments which are not shown as existing Liens by the records of any taxing authority that levies taxes
or assessments on Real Property or by the public records.
2. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water.
3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads,
avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults,
Tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property,
rights or easements are expressly and specifically set forth in said description.
4. Taxes, including any assessments collected therewith, for the year 2004 which are a lien not yet payable.
5. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted to: Hoken Linrude and Jessie Linrude.
Purpose: right to enter upon land to repair ditches and convey water
Recorded: February 25, 1949
Book 299, Page 379. of Official Records.
AND
Agreement
Recorded: January 7, 1949
Book 302, Page 57, of Official Records
Purpose: Ingress and egress for the purpose of repairing and maintaining a pipeline
6. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a
document.
Recorded: February 6, 1976.
Instrument No.:1188
Book 591, Page 868, of Official Records.
AND AMENDMENT
Recorded: February 3,1984
Instrument No. 84-034-1641-0, of Official Records,
Purpose: Reciprocal Easement Agreement
An easement for the purpose shown below and rights incidental thereto as set forth in document:
Granted to: Northwestern Telephone Systems, me..
Purpose: Public Utilities.
Recorded: July 8, 1976.
Instrument No. 7338
Book: 598 Page: 863 of Official Records.
8. An easement for the purpose shown below and rights incidental thereto as set forth in document:
Granted to: Pacific Power and Light Company,
Purpose: Public Utilities.
Recorded: January 17, 1985.
Instrument No.: 85-017-1023-0, of Official Records
AND
Corrective Easement
Recorded: December 19, 1986
Instrument No. 86-353-1444-0, of Official Records.
9. An easement for the purpose shown below and rights incidental thereto as set forth in document:
Granted to: The City of Kalispell.
Purpose: Public Utilities.
Recorded: February 28, 1985.
Instrument No.: 85-059-1420-0, of Official Records
AND AMENDMENT
Recorded: July 31, 1986
Instrument No. 86-212-1329-0, of Official Records.
10. An easement for the purpose shown below and rights incidental thereto as set forth in document:
Granted to: Pacific Power and Light Company,
Purpose: Public Utilities.
Recorded: December 2, 1985.
Instrument No.: 85-336-1418-0, of Official Records..
11. An easement for the purpose shown below and rights incidental thereto as set forth in document:
Granted to: The City of Kalispell.
Purpose: Public Utilities.
Recorded: May 1, 1984.
Instrument No.: 84-122-1130-0, of Official Records
AND AMENDMENT
Recorded: July 31, 1986
Instrument No. 86-212-1329-0, of Official Records.
12. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a
document
Recorded: September 3, 1997
Instrument No. 1997-246-0938-0, of Official Records.
Purpose: Ordinance No. 1259 Approving the West Side Urban Renewal Plan for the City of Kalispell.
13. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Declaration of Restrictions and Establishment of Easements Affecting Land
Recorded: March 8,2000
Instrument No.: 2000-068-1600-0, of Official Records.
14. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Reciprocal Easement Agreement For Parking
Recorded: May 5, 2000
Instrument No.: 2000-126-1350-0, of Official Records.
15. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in
Document:
Purpose: Hazardous Substances Certificate and Indemnity Agreement
Recorded: November 13, 2003
Instrument No.: 2003-317-1153-0, of Official Records.
16. A survey or subdivision plat must be recorded before the Company insures any conveyance of the land described
herein.
17. Easements, notes and certification, as shown on the unrecorded survey made by Sands Surveying, Inc., dated
March 8, 2004 as Job No. 12511.
18, Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat
Approval, to be recorded with the Amended Plat of the Northeast Portion Gateway West Addition No. 34, of
Official Records.
19. A Deed of Trust/Trust Indenture to secure an indebtedness in the amount show below and any other obligations
secured thereby:
Amount: $3,580,683.79.
Trustor/Grantor: ACG-Kalispell Investors, LLC, a Montana Limited Liability Company.
Trustee: Alliance Title and Escrow Company.
Beneficiary: Glacier Bank.
Recorded: November 13, 2003.
Instrument No.: 2003-317-1152-0, of Official Records. (Includes Other Property)
NOTE: The above described property appears to be in Kalispell Fire District.
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