6. Final Plat - Subdivision 182Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: 1406) 751-1850
Fax: 1406) 751-1858
tricity� centurytel.net
www.tricityplanning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Final Plat for Subdivision No. 182
MEETING DATE: March 1, 2004
BACKGROUND: This is a request for final plat approval of Subdivision No. 182, a
four lot residential subdivision on approximately 1.39 acres. The subdivision is located
on the east side of Fifth Avenue East and north of Eighteenth Street East. The property
addresses are 713 and 715 Fifth There are three dwellings currently located on this
property. Proposed Lots 1 and 3 have small single family homes while proposed Lot 4
has a single -wide mobile home which is a non. -conforming structure. Proposed Lot 2 is
vacant. The property was annexed into the city of Kalispell as part of the preliminary
plat review process in 1999 and given an RA-1 zoning designation which is consistent
with other zoning in the area. RA-1, Low Density Residential Apartment, district has a
minimum lot size requirement of 6,000 square feet for single family and duplex dwelling,
plus an additional 3,000 square feet for each dwelling beyond a duplex.
Preliminary plat approval for this subdivisionn was granted by the Kalispell City
Council on .January 3, 2000 and they have received an extension on the preliminary
plat. The property owner would like to bond for the paving on the access road and
fire turnaround area and have submitted a subdivision improvements agreement and
a cashier's check in the amount of $6,500 or 125 percent of the cost of the paving. The
subdivision improvements agreement estimates the paving will be completed by
October 31, 2004.
The preliminary plat was approved by Resolution 4529 subject to seven conditions as
outlined below. The following is a discussion of compliance with each of these
conditions as well as findings of compliance with the City subdivision regulations and
zoning ordinance.
RECOMMENDATION. A motion to accept the subdivision improvements agreement
and approve the final plat for Subdivision No. 182 would be in order.
FISCAL EFFECTS: Potential minor positive impacts once developed.
ALTERNATIVES: As suggested by the City Council.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish •
Final Plat for Subdivision No. 182
February 25, 2004
Page 2
Respectfully submitted,
Narda A. Wilson
Director
Report compiled: February 26, 2004
t
Chris A. Kukulski
City Manager
Attachments: Letter of transmittal
Final plat application and supporting documents
Appendix - Page A-23
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
by and between the CITY COUNCIL., CITY OF KALISPELL, MONTANA, Party of the
First art an reinafter referred to as the CITY, and
-
(Nazne of Developer)
(lndivid ,omp r1Y or Uo oration)
located at
{Street Addres v (City, CoLiKtv. State, Zip)
Partv of the Second Part and hereinafter referred to as DEVELOPER.
WITNL ESSETH:
THAT -WHEREAS, the Developer is owner and developer of a now subdivision
knov,, n as
(Name of Subdivision
located at
(Location of Subdivision)
and.
WHEREAS, the Qtv h conditioned it's approval of the final plat of
ry - upon the conditions as set forth
(Name of Subdivision)
in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in
"Exhibit A" have not been completed at this time, and the Developer "ishes to bond for the
completion of those improvements set forth in "Exhibit A", and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a
financial security of 125% of the estimated total cost of construction of said improvements as
evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit 13";
and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision
by the City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the Cite a Letter of Credit, or other
acceptable collateral as determined by the City Council, in the amount of
$ _ Said Letter of Credit or other collateral shall have an expiration
date of at least sixty (60) days following the date set for completion of the improvements, certifying
the follo"-ing:
App?rzdkc - Page A-25
IT IS At -SO AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS, TOAVIT,
'11at the Deveioper shall provide for inspection of di required improvemews by a registerec'
piofessional engineer before; the Developer s`ialf be released from -he Sub,,tvision lmprovame;it
Agiceniart
'rhx if the Cir, determines diatany jmprovernenLs are not consu-acwd in compliance vit,
the sps iii tics s, it shJJ fumish lire Developer wTh v list of specific deficiencies and mav
,.%ithhold coUatzral sufficient Ic Ims'e zkn cu,,�pliance. If the Cily delemimes that theDeveloper
M not constrict any or ad of file improc ernents in ai=rdancce Ailh the spee0icaiioris. or Mt in
ft,.e rec�uj'rad titne firmt& it may ihe coliale" arid ernplov gu:h funds as may he nezassan
to construct iliw 4nPr,)N;ernent or unvovements it accordancei the sqccifirz�ons. The unused
portions of the co]Lueral shall be returned w the De-yeloper or the credumg institut-on, as is
appropriate.
WHPWOF,-,he Pardes have bereunto selthcilhands and se,ls the dayznd
yeu herZA)Aff're wnatefi
ljian-m
by zLl� �e
STATE OF M07
COU-Y OF
NI
On this dof 4qkw be-�bTe me, a Notan, P 01 c ay ��-49.,7
for the State -,f kloraan�i, Personally vpeared MLILT —/L-,-�Z— known to
me- lo be the 1-1� Nyhose
name ;s suh-scrib4d to frie foregoirig i-struirLent and 11chovd ehged to me that heishe execut d the
gair-le.
[N WFINEESS iVHEPEOF. I have hereunto set my hF-nd and affix-ld rm, Not -vial Sea]. this
day Hp�year first abov-, v'r,"Ien
Ni'aryPubjic��-Whhe 'attoorl N fo arq
fo arq
My Con:-MsHn Expires
MAYOR., CEY OF K-kLISPELL A=ST.
TMAYOR FINANCE DMECTOR
Page A-24 - Appendix
a. That the creditor guarantees funds in the sum of S� _ o
t e . estimated „ cost o completing the required improvements in
(Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within -
the required period; the creditor IVIVill pay to the Cit-v immediately, and without further action,
such funds as are necessary to finance the completion of those improvements up to the
limited of credit stated in the letter,
r`
2. That said required improvements shall be fully completed by ' J
a. That upon completion of the required improvements, the Developer shall cause to
be filed with the City, a statement certifying that:
a. All required improvements are complete,
b. That the improvements are in compliance Nvith the minimum standards
specified by the City- for their construction and that the Developer warrants said
improvements against any and all defects for a period of one (1) year from the date or
acceptance of the completion of those improvements by the Cite;
c. That the Developer knows of no defects in those improvements,
d. That these improvements are free and clew- of any encumbrances or liens:
C. That a schedule of actual construction costs has been filed with the Citv:
and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles,
grades and specifications of said improvements, with the certification of the registered professional
engineer responsible for their preparation that all required improvements have been installed in
conformance NOth said specifications.
Page A-26 - Appendix
EXHIBIT A
Conditions of approval as filed to the preliminary! plat by the Citk- Council, Kalispell, Montana..
EXHIBIT B
This agreement specifically includes the follosying improvements. their projected
construction completion date and estimated construction costs.
CHECK CONSTRUCTION ESTIMATED
APPROPRIATE COMPLETION
CONSTRUCTION
IMPROVENMNTS BOX
Street Grading/Paving
Street Base
SideNAalks
Curbs and Gutters
Sanitary Sewers
Mains
Other )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street sighting
Street Monuments
Sury°ear Monument Bores
Landscaping
Other ( )
TOTAL COLLATERAL (TOTALS COSTS X 125%)
DATE
oe-J-- -�)l ) Zod4•
COSTS
SUBTOTAL��
FEES —
TOTALS COSTS �
�5
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity�a,_'centurytel. ne t
www. tricityplanning-aunt.
February 25, 2004
Chris Kukulski, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Subdivision No. 182
Dear Chris:
This is a request for final plat approval of Subdivision No. 182, a four lot residential
subdivision on approximately 1.39 acres. The subdivision is located on the east side of
Fifth Avenue East and north of Eighteenth Street East. The property addresses are 713
and 715 Fifth There are three dwellings currently located on this property. Proposed
Lots 1 and 3 have small single family homes while proposed Lot 4 has a single -wide
mobile home which is a non -conforming structure. Proposed Lot 2 is vacant. The
property was annexed into the city of Kalispell as part of the preliminary plat review
process in 1999 and given an RA-1 zoning designation which is consistent with other
zoning in the area. RA-1, Low Density Residential Apartment, district has a minimum
lot size requirement of 6,000 square feet for single family and duplex dwelling, plus an
additional 3,000 square feet for each dwelling beyond a duplex.
Preliminary plat approval for this subdivision was granted by the Kalispell City
Council on January 3, 2000 and they have received an extension on the preliminary
plat. The property owner would like to bond for the paving on the access road and
fire turnaround area and have submitted a subdivision improvements agreement and
a cashier's check in the amount of $6,500 or 125 percent of the cost of the paving.
The subdivision improvements agreement estimates the paving will be completed by
October 31, 2004.
The preliminary plat was approved by Resolution 4529 subject to seven conditions as
outlined below. The following is a discussion of compliance with each of these
conditions as well as findings of compliance with the City subdivision regulations and
zoning ordinance.
COMPLIANCE WITH CONDITIONS OF APPROVAL-.
Condition No. 1. That the subdivision shall be developed in substantial compliance
with the approved preliminary plat except has amended by the conditions of approval.
This condition has been met. The subdivision is compliant with the approved
preliminary plat.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish •
Final Plat for Subdivision No. 182
February 25, 2004
Page 2
Condition No. 2. The access strip portions of proposed Lots 2 and 4 shall be
dedicated as road and utility easement and that easement shall extend the entire length
of the lot to provide for the potential extension of future access to the east.
• This condition has been met. The easement is indicated on the final plat as
required.
Condition No. 3. That the access to proposed Lots 2 and 4 shall be shared and that
the access road shall be paved to a minimum width of 20 feet.
• This condition has been adequately addressed. Lots 2 and 4 will share access and
the subdivision improvements agreement covers the cost of the required paving.
Condition No. 4. That an approved fire access turnaround area to proposed Lots 2
and 4 shall be developed with either a hammerhead, T-turnaround or other
arrangement that has been reviewed and approved by the Kalispell Fire Department.
• This condition has been adequately addressed. The fire access turnaround is in
place and the SIA addresses the required paving.
Condition No. 5. Sewer and water facilities shall be approved by the Kalispell Public
Works Department and the Montana Department of Environmental Quality.
This condition has been met. Municipal water and sewer are available to the site
and an approval letter from DEQ has been submitted with the final plat.
Condition No. 6. All new utilities shall be placed underground.
This condition has been met. All new utilities have been placed underground.
Condition No. 7. That preliminary plat approval is valid for three years.
• This condition has been met. An extension was granted for this subdivision.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in compliance with the preliminary plat which was submitted and
approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in substantial compliance with the State
and City Subdivision Regulations.
Final Plat for Subdivision No. 182
February 25, 2004
Page 3
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the RA-1 zoning
for the property.
RECOMMENDATION:
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council approve the final plat for this
subdivision. Please note that the subdivision improvements agreement should be
accepted along with the final plat approval. Please schedule this matter for the March
1, 2004 regular city council meeting. You may call me at 751-1852 if I can be of
assistance to you regarding this matter.
Sincerely,
Narda A. Wilson, AICP
Senior Planner
Attachments: 1 opaque mylar of final plat
1 reproducible mylar of final plat
1 blueline of final plat
Letter from Larsen Engineering and Surveying dated 2 / 10 / 04
Final plat application dated 11 / 18/03
Letter from MDEQ dated 5/22/00 (EQ#00-2400)
Letter from Kalispell Fire Dept 7/ 1 /03
Subdivision Improvements Agreement dated 2 / b / 04
Title report dated 1/ 15/04
Consent to plat dated 1/7/04
Consent to plat dated 12 / 22 / 03
Treasurer's certification dated 2/11/04
Cashiers check for $6,500
c: Jeff H. Larsen, P.O. Box 2071, Kalispell, MT 59903
Robert Rinke, P.O. Box 5244, Kalispell, MT 59903
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VICINrIY MAP
ROBERT RINKE
.REQUEST FOR PRELIMINARY PLAT APPROVAL OF A
4 LOT MINOR SUBDIVISION (SUBDIVISION NO. 182)
& ANNEXATION AND INITIAL ZONING OF
RA— 1, LOW DENSITY RESISDENTIAL
PUn MT311/i99
FILE# KSR--99-4 SCALE 1" — 200' H:\jlr-,9ite\MR9l9_4.d,g
LARSEN ING & SURVEYING, ®, .C.
780 Two Mile Drive
P.0, Box 2071
Kalispell, .MT 59903-2071
February 10, 2004
Atm Narda Wilson
Tri-City Planning Office
17 Second Street East -Suite 211
Kalispell, MT 59901
Re: Subdivision No, 182
Dear Narda:
Tele. (406) 752-7808
Fax (406) 257-4051
E-mail: jlarsen@centurytel.net
Attached is the Final Plat application and required submittals for the above referenced
project. The owner has not completed all the improvements yet and included with this
submittal is a Subdivision Improvement Agreement that addresses the improvement that
are not completed. Following is an item listing of how each condition of approval has
been handled:
1. Revised Preliminary Plat is in substantial conformance with the approved Preliminary
Plat.
1 Show on Final Plat.
3. Lot 2 and 4 snare access road and paving part of Subdivision Improvement
Agreement.
4. Fire access turnaround is in place but paving is part of Subdivision Improvement
Agreement and letter from Kalispell Fire Department is attached.
5. Attached is a copy of D.E.Q. approval.
6. All new utilities are placed underground.
If you have any questions, please call one at 752-7808.
Q-
S.
Montana Department of
JEANVMONMIMALQUALM Marc Racicot, Governor
P.O. Box 200901 - Helena, MT 59620-0901 - (406) 444-2544 - E-mail: rwww.deq.state.mt.us
May 22, 2000
JEFF LARSEN
LARSEN ENGINEERING
PO BOX 2071.
KALISPELL MT 59903
RE: SUBDIVISION NO. 18Z MASTER PLAN
FLATHEAD COUNTY
E.Q. #00-2400
Dear Mr. Larsen:
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 and ARM 17.36.602. Under 76-4-124, 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 facilities for the supply of water or
disposal of sewage arc proposed {76-4-1 11 (3), MCA#. Construction of water or sewer extensions prior to
approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4.
Sincerely,
Karla Day
Compliance Specialist f'
Subdivision Section
Water Protection Bureau
(406) 444-1801 -- email kaday@,state.mt. us
cc: City Engineer, City of Kalispell
file
Centralized Services Division - Enforcement Division - Permitting & Compliance Division - Planning, Prevention & Assistance Division - Remediation Division
KALISPELL FIRE DEPARTMENT
Randy Brodehl - Fire Chief
Jim Stewart - Assistant Chief/Fire Marshal
July 1, 2003
Bob Rinke
PO Box 5244
Kalispell, MT 59903
Re: Fire access turnaround surfacing—1713/1715 5�h Avenue East
Dear Mr. Rinke,
312 First Avenue East
Kalispell, Montana 59901
(406)758-7750
FAX: (405) 758-7952
In response to your request for a follow-up inspection/approval of the all-weather surface at
the above referenced location, we have the following information.
The turnaround appears to have adequate crushed and compacted gravel surfacing. It was
noted that vegetation is beginning to grow through the turn -around area, which may make it
indiscernible. It is recommended that the vegetation growth be controlled to allow for full use
of the turnaround.
It also appears that there may be a future need to provide for No -Parking signage near the
existing structure to ensure that the turnaround is accessible for emergency responders.
This requirement will depend upon the final design and build -out of the property.
Thank you for your assistance on this project. Please contact me if you have any questions.
Sincerely, r ,
_JZ�K e" )
Jim Stewart
Assistant Fire Chief/Fire Marshal
Kalispell Fire Department
,C Larsen Surveying
780 Two-mile Drive
Kalispell, MT 59901
"assisting our community in reducing, preventing, and mitigating emergencies."
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
FINAL PLAT APPLICATION
Project Name: osrr-) / ` / -�
Contact Person:
Owner c, Mailing Address:
Date of Preliminary Plat Approval.: J21� _ �� � �� _ &
Type of Subdivision: Residential ° Industrial Commercial PUD Other
No. of Lots Proposed Parkland (acres)
Land in Project (ac.) Cash -in -Lieu $
Exempt
00
FILLING FEE ATTACHED
Minor Subdivision with approved preliminary plat $300 + $30/lot
Major Subdivision with approved preliminary plat $500 + $30/lot
Subdivisions with Waiver of Preliminary Plat $500 + $30/lot
Subdivision Improvements Agreement $ 50
Not RECEIVE"
Attached Applicable (MUST CHECK ONE)
Health Department Certification (Original) FEB 11 200
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)1) I -CITY PLANNING OFFICE
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
'✓ Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement
Plats: I opaque OR 2 Mylars
1 My4w 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 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 for`.varded 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: Tease be advised that the County Clerk & Recorder requests that all subdivision
final plat apy4cations be acco panied with a digital copy.
�f 1
Owner(s) Pignature
Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD 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 land survey system.
As approved by the TCPB, Effective 5 J 1 J03
2
CONSENT TO PLAT
This is in regard to Subdivision. No. 182 SE '/4,SW '/a, Section 17, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana,
Phillip A. Yates and Linda K. Miller of Kalispell, Montana does hereby consent to the
filing of said subdivision.
Date this day of %i r, .
h " rs 8 YaiL°S '
il�ip
STATE OF MONTANA )
Linda K. Miner
: ss
County of Flathead
On this day of r, 1003', before me, a Notary Public of the State of
Montana, personally appeared l: ; personally known to me to be the person
whose naive is subscribed to this instrurne t, and acknowledged that he/she executed the
same, In witness thereof, I have hereunto set my hand and affixed my notarial seat the
day and year in the certificate first above written.
4#
Votary Puc of State cf ontana
Residing:
My commission e pires: —!'V� `
STATE OF MONTANA )
ss
County of Flathead
On this day of November, 2003, before me, a Notary Public of the State of
Montana, personally appeared , personally known to me to be the person
whose name is subscribed to this instrument, and acknowledged that he/she executed the
same. In witness thereof, I have hereunto set my hand and affixed my notarial seal the
day and year in the certificate first above written.
Notary Public of State of Montana
Residing:
My commission expires:
CONSENT TO PLAT
This is in regard to Subdivision No. 182 SE'/4,SW 1/4, Section 17, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana.
Phillip A. Yates and Linda K. Miller of Kalispell, Montana does hereby consent to the
filing of said subdivision.
Date this_ day of-?+oventber, 2003
Phillip A Yates
STATE OF MONTANA )
6L4inda K. Miller
:ss
County of Flathead )
On this --moray of , 2003a before me, a Notary Public of the State of
� � aersonall known to e to be the person
personally appeare y
whose name is subscribed to this instrument, and acknowledged that he/she executed the
same. In witness thereof, I have hereunto set my hand and affixed my notarial seal the
day and year in the certificate first above written.
Notary Public of State of`Mont-ana U'ksh' I "-
Residing: 1� f
My commission expires, S a �,,
STATE OF MONTANA )
ss
County of Flathead )
4\w ry .
On this day of+ioyefftber, 2003, before me, a Notary Public of the State of
Montana, personally appeared , personally known to me to be the person
whose name is subscribed to this instrument, and acknowledged that he/she executed the
same. In witness thereof, I have hereunto set my hand and affixed my notarial seal the
day and year in the certificate first above written.
Notary Public of State of Montana
Residing:
My commission expires:
PLAT ROOM
FLA'I'III+ _k n COUNTY, MONTANA
800 SOUTH MAIN
KALISPELL, ItiIT 59901
(406) 758-5510
C)
THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY
B Y:�,�
FOR: DATI"': �aI51 °-3
YEARS ASSI.:SSOIZ
199 T H R U �29313'1
ZQG_. ,.__ AND TO DATF SUM F XS
A 6GUE
I hereby certify that there nre no outstandin{f, taxes oil the properly as"'Well d
the assessor numbers listed above for the years indicated for each assessor
nUmber.
t
S I. A I._
A E -k_t C'
4 � -1
r:
r
Form No. 1282 (Rev. 12/15195)
1st Amendment
PILE NO.: CT-78018
CT-78018 FEE: $125.00
H 329734
SUBDIVISION OR PROPOSED SUBDIVISION: Subdivision No. 182
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AP4D OTHER
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART
OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION,
HERRIN CALLED THE COMPANY GUARANTEES:
Larsen Engineering & Surveying Inc. P.C.
FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNITY SUB➢IVISION
REGULATIONS, IN A SUM 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 co
the lands described as follows:
A tract of .land in the Southeast Quarter of the Southwest_ Quarter of Section
17, Township 28 North, Range 21 Wiest, P.M.M., Flathead County, Montana, and
more particularly described as follows:
Beginning at the Southwest corner of Block 2,18, ADDITION NO. SEVEN to the City
of Kalispell., Montana, a plat of which is on file and of record in Flathead
County, Montana; thence
South 13*49' East, a distance of 1260.0 feet measured along the Southerly
extension of the Easterly limit of Fifth Avenue East in the City of
Kalispell., Montana, to the True Point: of Beginning of the `Tact of land
being described; thence
North 75"11' East, 362.68 feet to a point on the Easterly boundary line of
the Southeast Quarter of the Southwest Quarter of Section 17; thence
South 0'04' West, and along the Easterly boundary line of the Southeast
Quarter of the Southwest Quarter, 140.0 feet to a point; thence
South 81*05' West, 330.30 feet to a point on the Easterly boundary line of
the Southerly extension of Fifth Avenue East; thence
North 13'49' West, 10B.0 feet to the Point of Beginning.
Deed Exhibit Book 515, Page 367.
TliE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND ➢ESI.GNPTED AS:
Subdivision No. 182
Contlnue,d.. .
FILE NO.: CT-78018
Page 2
H 329734
(1) Parties having record title interest in said lands whose signatures are
necessary under the requirements of Flathead County Subdivision Regulations
on the certificates consenting to the recordation of Plats and offering for
dedication any streets, roads, avenues and other easements offered for
dedication dedication by said Plat are:
Robert J. Rinke
Phillip A. Yates
Linda K. Miller
(2) Parties holding liens or encumbrances on the title to said lands are:
1. General and special county taxes for the year 2004, a lien not yet payable.
NOTE: General and special county taxes for 2003 and all prior years have been
paid in full.
2. Deed. of Trust dated November 9, 1999, to secure an indebtedness in the
principal sum of
AMOUNT $63,333.00, and any other amounts and/or
obligations secured thereby.
RECORDED November 10, 1999, as Doc. No, 1999-314-14460,
records of Flathead County, Montana.
GRANTOR Robert J. Rinke
TRUSTEE Citizens Title and Escrow Company, Inc,
BENEFTCIARY: Phillip A. Yates and Linda K. Miller
(3) Easements, claims of easements and restrictions agreement of record are:
1. Water line as shown on Deed Exhibit recorded May 26, 1970, in monk 515,
Page 367, as Doc. No. 3663, records of Flathead County, Mertana.
2. Resolution No. 1220A executed by the Board of County Commissioners for the
South Woodland/Greenacres Neighborhood Plan recorded May 27, 1997 as Doc. No.
1997-147-09370, records of Plathead County, .Montana.
Continued...
4
FILE NO.: C`i`-78018
Page 3
H 329734
3. The above described property is lacated within and subject to the
jurisdiction of the Kalispell. Fire District.
Liability hereunder limited to amount r--
DATED: January 15, 2004 at 8:00 A.M.
Subscribed and sworn to before me this-ZZ 'day of„ V 2003.
Notary blic for State of Montar��
Residing at
My Commission Expires_
:urtErrnffrr�
THE END %`=
TRACYI MARTW
NOTARY PUBi1C4MTANA
NOTARIA t.l�r
SEAL Residing atKa65p�>l�fo»tana
(5 continued)
in the above paragraph, unless prohibited by law or
governmental regulation, shall terminate any liability of
the Company under this Guarantee to the Assured for
that clalm
S. options 10 Pay or Otherwise Settle Claims:
Ter'inatian of Liability.
in case of a claim under this Guarantee, the
Company snail have the following additional optiGris:
(a) To Pay or Tender Payment of the Amount of
Liability or to Purchase the indebtedness,
The Company shall have the option to pay of settle
or compromise for or in the name of the Assured any
claim which could result in loss to the Assurea within
the coverage of this Guarantee, or to pay the full amount
of this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the indebt-
edness secured by said mortgage o, said lien for the
amount owing thereon, together vvitlt aPy costs, reason-
able attorneys' fees and expenses incurred by the
Assured claimant which were authorized by the
Company up to the time of purchase.
Such purchase, payment of tender of payment of
the fill amount of the Guarantee shall terminate all Na-
b5ity of the Company hereunder, in the event atter
notice of claim has been giver to the Com ' pany by the
Assur" the Company offers to purchase said indebted-
ness, the owner of such indebtedness shall transfer and
assign said indebtedness, together with any collateral
security, to the Company upon payrrent of the purchase
Price.
Upon the exercise by the Company of the option
provided for in Paragraph (a) the Company's obligation
to the Assured under this Guarantee for the claimed loss
or damage, other than to make the payment required in
that paragraph, snail terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
ParagraDh 4, and the Guarantee shall be surrendered to
the Company for cancellation.
(b) To Pay or Otherwise Settle With PaTfies Other
Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or
in the name of an Assured claimant any claim assured
against under this Guarantee, together with any costs,
attorneys' fees and expenses incurred by the Assured
claimant which were authorized by the Company up to
the time of payment and which the Company is obligat-
ed to pay.
Upon the exercise by the Company of the option
provided for in Paragraph (b) the Company's obligation
to the Assured under this Guarantee forthe claimed loss
or damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised its options under
Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against
actual monetary loss or damage sustained or incurred
by the Assured claimant who has suffered loss or dam-
age by reason of reliance upon the assurances set forth
in this Guarantee and only to the extent herein
described, and subject to the Exclusions From Coverage
of This Guarantee.
The liability of the Company under this Guarantee
to he Assured'shall nqt'exc?eed the least of:
(a) the am2f?l of liability stated in Schedule A or
in Part 2;
(b) the amount of the unpaid principal indebted-
ness secured by the mortgage of an Assured mortgagee,
as limited or provided under Section 6 of these
Conditions and Stipulations or as, educed under Section
C of these CoMitions and Stipulations, at the time the
loss or damage assured against by this Guarantee
occurs, together with interest therori; or
(c) the difference between the value of the estate
or interest covered hereby as stated here -in and the value
of the estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
0, Limitation of Liability,
,W If the Company establishes the title, or
remove
s Yes the alleged defect, hen or encumbrance, or
cures any other matter assured against by this
Guarantee in a reasonably diligent manner by any
meModF irMuding litigation and the complefion of any
appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be
liable for any loss or damage caused thereby.
) In the event of any litigation by the ComPanv or
with the Company's conseril, the Company shall have
no flablilly for loss or damage urilli there has been a final
detag mination by a court of competent iurisdiictVri, and
disposition, of M appeals therefrom, adverse to the We,
as stated herein.
(c) The Company shall not be flabie for loss or
damage to any Assured for liability voluntarily assumed
by the Assured in settling any claim or suit without the
prior written consent of the Company.
9. Reduction of Liability or Termination of
Liability.
All payments under this Guarantee, except pay-
ments made for costs, attorneys' fees and expenses
pursuant to Paragraph 4 shall reduce the amount of
liability pro tanto.
10. Payment of Loss,
(a) No payment shall be made without producing
this Guarantee for endorsement of the payment unless
the Guarantee has been lost or destroyed, in which case
proof of loss or destruction shah be furnished to the
satisfaction of the Company.
(b) When liability and the extent of Ws of damage
has been definitely fixed M accordance with these
Conditions and Stipulations, the loss of damage shall be
payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or settler enL
Whenever the Company shall have settled and
paid a claim under this Guarantee, all right of subroga-
tion shad vest in the Company unaff Mad by any act of
the Assured claimant.
The Company shall be subfogated to and be
entitled to all rights and remedies which the Assured
would have had against any person or property in
respect to the claim had this Guarantee not been issued.
If requested by the Company, the Assured shall transfer
to the Company all rights and remedies against any per-
son or property necessary in order to perfect this right
of subrogation. The Assured shall permit the Company
to sue, compromise or settle in the name of the Assured
and to use the name of the Assured in any transaction
or litigation involving these rights of remedies.
If a paymW on account of a claim does not fully
cover th N c I e loss of the Assured the Compariy snail be
subragated to aill rights and remedies of 'he Assured
after the Assured shall have recovered its pdricipai.
interest. and costs of collection.
Unless prohibrea by aDpiica'Die law, elMer the
Company or the Assured may demand arbitration pur-
suant to the Tilde Insurance Arbitration Rules of Me
American Arbitration Associatioi. Arbitrable matters
mav include, bw are not firnfted to, any cog1roversy or
claim between the Company and the Assayed arising out
of or relating to this Guarantee, any service of the
Company in connection with t'Ls issuance or the breach
of a Guarantee provision or other obligation. AR arbitra-
ble matters her, the Amount of UaNfty is $1,000,000
or less shall be arbitrated alt the option, of either the
Company or the Assumd. Ali arbitrable mausrs when
the amount W lability is in excess of $1, A0,000 shad
be arbitrated only when agreed to by both the Cumpany
@,, 1. a . the Assured. The Rules in Moo! at Date of
Guarantee shall be binding upon the partles. The award
may include attorneys' fees only it the iavys of the stale
in which the ;and is located pormfts a court, to award
attorneys' fees to a prevailing party. Judgment upop. the
award rendered by the Arbi-ffator(smay be entered in
arty court having Juds&ction thereof.
The lavv of the silus of the Land shag apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of tha Rules may be obtained from the
Compahy upon request.
13, Liability Limited to This Guarantee;
Guarantee Entire Contract.
a This Guarantee together with all andorsernentS,
!If any, attached hereto by the Company is the entirp
Guarantee and contract between. the Assured and the
Company. In interpreting any provision of this
Guarantee, this Guarantee shall be construed as a
whole,
(b) Any claim of loss or damage, whether or not
based on negligence, of any action asserting such
,!aim, snail be restricted to this Guarantee.
(C) NO amendment of or endorsement to this
Guarantee can be made except by a writing endorsed
hereon or attached hereto signed by either the
President, a Vice President, the Secretary: an Assistant
Secretary, or validating officer or authorized signatory of
the Company.
14. Notices, Where Sent.
All notices required to be given this Company and
any statement in writing required to be furnished the
Company shall include the Dumber of this Guarantee
and shall be addressed to the Company at 114 East Fifth
Street, Santa Ana, C ailf ornia 92701 -
Ak