6. Final Plat - Western Pines SubdivisionTri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricityC&,ce nturvtel. 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 Western Pines Subdivision
MEETING DATE: May 17, 2004
BACKGROUND: This is a request for final plat approval of Western Pines
Subdivision that plats four townhouses on approximately 0.29 acres. This subdivision
is Iocated on the west side of Seventh Ave West between 1 lth Ave West and Sunnyside
Drive. All of the required infrastructure was in place at the time of preliminary plat
approval and no parkland dedication is required because this is a minor subdivision.
The preliminary plat was approved by the Kalispell City Council on October 6, 2003
subject to five conditions. This property is zoned R-4, Two Family Residential, and
there are two duplex townhouses for a total of four dwellings have been constructed on
the property. The final plat, once recorded, will allow these dwellings to be
individually conveyed.
The transmittal letter has a list of the conditions of preliminary plat approval for this
subdivision and a discussion of how they have been met or otherwise addressed and is
submitted with this memo.
RECOMMENDATION: A motion to approve the final plat for Western Pine
Townhouses would be in order.
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully submitted,
1-14
Narda A. Wilson
Senior Planner
Potential minor positive impacts once developed.
As suggested by the City Council.
Report compiled: May 12, 2004
Chris A. Kukulski
City Manager
Attachments: Letter of transmittal
Final plat application and supporting documents
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish
Tri-City Planning Office
17 Second Street East— Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centarytel.net
May 11, 2004
Chris Kukulski, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Western Pines Townhouses
Dear Chris:
Our office has received an application from Smith Surveying for final plat approval of
Western Pines Townhouses that plats four townhouse sublots on approximately 0.29
acres. This subdivision is located on the west side of Seventh Ave West between I Ith
St. West and Sunnyside Drive. All of the water and sewer facilities were in place at the
time the subdivision was approved and there were no public improvements or
dedication of parkland required. This property has a zoning designation of R-4, Two
Family Residential, and two duplex townhouses have been constructed on the lots.
Once final platted these lots and associated dwellings can be individually conveyed.
This subdivision was given preliminary plat approval by the Kalispell City Council on
October 6, 2003 subject to five conditions. The following is a list of the conditions of
preliminary plat approval for this subdivision and a discussion of how they have been
met or otherwise addressed.
COMPLIANCE WITH CONDITIONS OF APPROVAL
Condition 1. Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plat which governs the location of lots and
roadways within the subdivision except as modified by the conditions listed herein.
(Kalispell Sub. Regs. Appendix C — Final Plat I(A) Contents of final Plat).
• This condition has been met. The final plat conforms with the preliminary plat
that was approved.
Condition 2. A 30-foot utility easement be established along the common property
lines (15 foot either side), of the parent Lots 1 and 2.
• This condition has been met. The utility easements have been noted on the face
of the final plat.
Condition 3. As part of this subdivision, additional upgrading of Western Drive is
waived at this time and the requirements for sidewalks along 7th is waived because
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
inal Plat for Western Pines Townhouses
May, 12, 2004
Page 2
they would constitute an extremely piecemeal approach on just 65 feet of frontage in a
neighborhood that is not otherwise served. (Site review committee recommendation).
• This condition has been met. No action on the part of the developer is required to
meet this condition.
Condition 4. That a letter be obtained from the Kalispell Public Works Department
approving the plans and specifications for water, sewer and drainage facilities for the
subdivision and that separate sewer and water services are available for each sublot.
(Kalispell Sub. Regs. Section 3.12 - 3.15).
• This condition has been met. A letter from the Kalispell Public Works Department
has been submitted with the final plat.
Condition 5. That preliminary approval shall be valid for a period of three years
from the date of approval, an extension may be granted for an additional year.
(Kalispell Sub. Regs. Section 2.04 (E(7))
• This condition has been met. The final plat was submitted prior the expiration of
the preliminary plat approval.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved by the Kalispell City Council on October 6, 2003.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance
and the R-4, Two Family Residential, zoning designation for the property which
governs the dimensional requirements of the lots within the subdivision as well as the
uses.
RECOMMENDATION:
All of the conditions of preliminary plat approval have been met or otherwise
adequately addressed. The staff would recommend that the Kalispell City Council
the final plat for Western Pines Townhouses. Please schedule this matter for the
regular city council meeting of May 17, 2004.
Final PhIt for Western Pines Townhouses
May 12, 2004
Page 3
Sincerely,
Of/& v --
Narda A. Wilson
Senior Planner
NW/
Attachments:
Reduced plat showing subdivision
1 opaque mylars of final plat
I reproducible mylar of final plat
1 copy of final plat
Ltr from Smith Surveying dated 5/ 11/04
Final plat application 2/ 10/04
Ltr from Health Dept dated 5/6/04
Ltr from Kalispell Public Works Dept dated 2/5/04
Treasurers certification dated 5/3/04
Title report dated 4/ 12/04
Consent to plat dated 4/29/04
Consent to plat dated 4/ 12/04
Consent to plat dated 4/229/04
CC and Rs for Western Pines Townhouses
Smith Surveying, P.O. Box 7323, Kalispell, MT 59904-0323
Ronald & Ardis Kelley, 1430 - 7« Avenue, West, Kalispell, MT 5990I
Theresa White, Kalispell City Clerk
H: A... AKFP0409WESTERN PINES.DOC
DECLARATION OF EASEMENTS, CONDITIONS, COVENANTS
AND RESTRICTIONS OF WESTERN PINES TOWNHOUSES
THIS DECLARATION made this day of January, 2004, by RONALD L. KELLEY
and ARDIS A. KELLEY of 1430 Seventh Avenue West, Kalispell, Montana 59901, hereinafter
called "Declarants".
WITNESSETH:
WHEREAS, Declarants are the record owners of the real property situated in Flathead
County, Montana, which is more particularly described as follows:
Lots IA, 1B, 2A and 2B of Western Pines Townhouses, according to the
Subdivision Plat of Western Pines Townhouses recorded the day of
January, 2004, as Document No. , in the office of the Clerk
and Recorder of Flathead County, Montana.
WHEREAS, Western Pines Townhouses is intended to be a residential community and
these Conditions, Covenants and Restrictions are designed to reflect that intention.
WHEREAS, the undersigned desires to record this Declaration of Easements, Conditions,
Covenants and Restrictions, and to subject all the real property described above to the
Conditions, Covenants and Restrictions hereinafter set forth, each and all of which are intended
for the benefit of said property, and for each owner thereof, and shall inure to the benefit of and
pass with said property, and each and every parcel thereof, and shall apply to and be binding
upon the successors in interest to said property, and any owner thereof.
All persons or corporations who now or shall hereafter acquire any interest in and to the
above described property shall be held to agree and covenant with the owner of any of the
property located in the tracts hereinabove described, or any parcel thereof, with their heirs,
successors and assigns, to conform to and observe the following Conditions, Covenants and
Restrictions as to the use thereof, and as to the construction of dwellings and improvements
thereon.
ARTICLE 1.
UTILITY EASEMENTS
Declarants hereby dedicate and grant permanent and perpetual easements for installation,
maintenance and repair of utilities as follows:
Ten foot (10') utility easement along the south boundary of Lot 1B and Lot 2B of
Western Pines Townhouses, as shown on the plat of Western Pines Townhouses.
2. Fifteen foot (15') utility easement along the east boundary of Lot I and Lot I
of Western Pines Townhouses, as shown on the plat of Western Pines
Townhouses.
3. Fifteen foot (15') utility easement along the west boundary of Lot 2A and Lot 2B
of Western Pines Townhouses, as shown on the plat of Western Pines
Townhouses.
4. Ten foot (10') water line easement along the west boundary of Lot I and Lot I
per plat of Western Acres as shown on the plat of Western Pines Townhouses.
Said easements shall be for the benefit of and appurtenant to each of the tracts of land
situated on the subdivision plat of Western Pines Townhouses on file and of record in the office
of the Clerk and Recorder of Flathead County, Montana.
ARTICLE II.
COVENANT FOR ROAD MAINTENANCE ASSESSMENTS
Access for ingress and egress to Lot lA and Lot 1B of Western Pines is via Western
Drive, which is a part of Western Acres and subject to the Declaration of Conditions, Covenants
and Restrictions of Western Acres recorded on the 13th day of December, 1993, as Document
No. 9334716410, records of Flathead County, Montana, and the Amendment to the Conditions,
Covenants and Restrictions of Western Acres recorded April 20, 2000, as Document No.
200011111590, records of Flathead County, Montana. The undersigned, for the owners) of Lot
I and Lot 1B, hereby covenant, and each owner of either of said tracts, by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to
pay to the Western Acres Homeowners Association a pro rata share of the cost necessary for
snow removal, maintenance and repair of Western Drive as provided in the Declaration of
Conditions, Covenants and Restrictions of Western Acres as amended, as set forth above.
ARTICLE I11.
HOLDERS OF DEEDS OF TRUST
Each holder of a deed of trust, upon written request by such holder to the Board, shall be
entitled to timely written notice of. (1) any proposed amendment of this Declaration effecting a
change in (i) the boundaries of any tract or the exclusive easement rights appertaining thereto, or
(ii ) the purposes to which any tract is restricted; (2) any condemnation loss or any casualty loss
which affects a material portion of a tract on which there is a first mortgage held.
ARTICLE IV.
PROTECTIVE COVENANTS
The following Protective Covenants are designed to provide a uniform plan for the
ownership, use and development of the hereinabove described property, to preserve, insofar as
practical, the natural beauty of said property, and to encourage the development of said property
for country residential living.
Tract Size: No parcel shall be further divided.
2. Land Use: All tracts or parcels of land within the subject property shall be
used for single-family residential purposes only. No piece, parcel, tract, or any part of the above -
described property shall be used at any time for any business, trade, manufacture, or other
commercial purpose whatsoever.
3. Structures:
a. No building shall be erected, altered, placed or permitted on any tract, parcel, or
piece of the above -described property, except one single-family dwelling used for
residential purposes.
b. Any dwelling erected or placed upon the subject property shall be used only as a
private, single family residence, and no dwelling, building or structure may be
applied to, used, or occupied as a multi -family structure.
C. No more than one (1) single-family dwelling house shall be erected, placed or
situated upon any Tract.
d. All construction upon the subject property shall comply with the requirements of
the most current edition of the Uniform Building Code adopted and in effect in the
City of Kalispell on the date of commencement of construction, and all applicable
master plan and zoning requirements of the City of Kalispell, Flathead County, or
the State of Montana.
4. Setback Lines: No building or structure shall be erected, placed or located
upon any parcel or tract of land closer than permitted by the Kalispell Zoning Regulations in
effect on the date of commencement of construction.
5. Water and Sewer Service: All property shall be connected to the Kalispell City
Water and Sewer System, which shall provide water and sewer service for the properties, subject
to payment of charges for such service. Each Lot or building shall be separately metered for
water and sewer service.
6. Utilities: All utilities and utility connections on the subject property shall be
underground.
7. Garbage: All trash, garbage, or other waste materials shall be kept in sanitary
containers with airtight lids. All garbage cans used in connection with any dwelling erected upon
the above described premises shall be kept from view of the public. No garbage cans shall be
maintained which are not of a suitable type and which do not have cover sufficient to prevent the
escape of noxious odors from such can. If not kept inside, as in a garage, then garbage cans must
be either sunk in the ground or placed in an enclosure completely screened from view. However,
on garbage pick-up days, garbage cans may be exposed to view for the convenience of the
garbage collector.
8. Vehicles: No more than two (2) motor vehicles owned by an owner of a Lot
or Tract may be parked or kept on any Lot or Tract. No trucks exceeding one (1) ton, trailers,
semi -trailers, other trailers of every type and description, including travel trailers, boat trailers,
snowmobile trailers and motorcycle trailers, pickup -box, campers, or other similar units designed
to be transported or pulled by motor vehicles or any other unsightly vehicle shall be parked or
allowed to remain on any Lot or Tract unless stored in a garage.
9. Exterior Maintenance: Each owner of a Lot or Tract on which there is a
structure shall provide exterior maintenance upon such Lot or Tract and structure to include
painting and repairing the structures; maintaining the lawn and grounds to preclude noxious
weeds and other noxious growths; and not permitting refuse piles or other unsightly objects to
accumulate or remain on the grounds. Paint on buildings, fences and other structure shall be
required to be in subdued, "earth tones" such as will tend to harmonize with the vegetation of the
area and tend to preserve the natural view, which is a community asset at present.
10. Signs: No signs, billboards, or advertising structures of any nature may be
erected, maintained, or used on the subject property or any part thereof, except that one
advertising sign, which shall be not more than three feet (Y) by four feet (4') in size, may be
erected for the sole and exclusive purpose of advertising for the sale or lease of the property upon
which the sign is erected.
11. Pets: All animals shall be kept under full control of the property owner, and
shall not be permitted to run at large. No more than two (2) household pets may be maintained
or kept upon or within any Lot. Barking dogs or offensive noise from any animal will not be
tolerated. Repeated complaints regarding barking dogs may result in a hearing before the other
owners after due notice. The owners shall be authorized to order the Owner/renter to remove the
offending dog from the project. When pets are outside a building and within the Project; but not
on the Owner's Lot, they must be on a leash at one end and held at the other end by the
Owner/guest. The Owner/guest must remove animal waste, place it in a tightly sealed plastic
bag, and dispose of it in an enclosed garbage container. If an Owner/guest disposes of animal
waste on the Project any place except in a garbage container, the Owner of the dog may be fined
in an amount to be determined by the other owners. All Owners/guests shall comply with the
Flathead County Dog Ordinance or any other ordinance, rule or regulation of Flathead County or
the State of Montana regarding animals.
4
12. Nuisance: No noxious or offensive activities shall be carried on upon the
property, nor shall anything be done thereon which may become an annoyance or nuisance to the
neighborhood.
ARTICLE V.
171tlJMAk �1_�ll M
1. General Rules of Law to Apply: Each wall which is built as a part of the
original construction of the homes upon the Properties and placed on the dividing line between
the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of
this Article, the general rules of law regarding party walls and liability for property damage due
to negligence or willful acts or omissions shall apply thereto.
2. Sharing of Repair and Maintenance: The cost of reasonable repair and
maintenance of a party wall shall be shared by the Owners. Declarant reserves and each Owner
grants a reciprocal easement for access to the premises of the other for the purpose of performing
repair or maintenance work to the party wall and any utility services contained therein.
3. Destruction by Fire or Other Casualty: If a party wall is destroyed or
damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the
other Owners thereafter make use of the wall, they shall contribute to the cost of restoration
thereof in proportion to such use without prejudice, however to the right of any such Owners to
call for a larger contribution from the others under any rule of law regarding liability for
negligent or willful acts or omissions.
4. Weatherproofing: Notwithstanding any other provision of this Article, as
Owner who by this negligent or willful act causes the party wall to be exposed to the elements
shall bear the whole cost of furnishing the necessary protection against such elements.
5. Right to Contribution Runs With Land: The right of any Owner to
contribution from any Owner under this Article shall be appurtenant to the land and shall pass to
such Owner's successors in title.
ARTICLE VI.
GENERAL PROVISIONS
1. Term: The provisions of this declaration shall be binding for a term of twenty
(20) years from the date of this declaration, after which time the Declaration shall be
automatically extended for successive periods of ten (10) years unless an instrument signed by
the owners of 213 of the total area of the real property described on Exhibit "A" has been
recorded agreeing to change this declaration in whole or in part. These covenants may be
amended by 2i3 agreement of the owners of all of the real property subject to these covenants.
2. Enforcement: The Board of Directors of the Homeowner's Association or
any owner shall have the right to enforce these conditions, covenants and restrictions by any
proceeding at law or equity. The method of enforcement may include proceedings to enjoin the
violation, to recover damages, or both. Failure by any owner to enforce such provision shall not
be deemed to be a waiver of the right to do so thereafter. Any person or entity who shall
prosecute an action successfully to enforce these conditions, covenants and restrictions may
recover any and all damages resulting from such violation, and it is expressly understood that the
prevailing party in an action to enjoin the violation of these covenants or to enforce these
covenants, the prevailing party in such action shall be entitled to recover reasonable attorney's
fees in addition to any other damages and costs.
3. Severability: Invalidation of anyone of these covenants by judgment or court
order shall in no way affect any of the other provisions which shall remain in full force and
effect.
4. Amendment: This Declaration may be amended by an instrument signed by the
owners of seventy-five percent (75%) of the lots in Western Pines, which instrument has been
recorded, agreeing to such amendment. Each parcel of land, regardless of size or of any deeded
ownership interest in a multi -family residential unit, shall be entitled to one (1) vote under this
Article.
IN WITNESS WHEREOF, the Declarants hereunto executed this Declaration of
Conditions, Covenants and Restrictions this _ day of January, 2004.
r"l
Ronald e eKL llli y
STATE OF MONTANA
ss.
County of Flathead
Ardis A. Kelley
This instrument was acknowledged before me on January If 2004, by RONALD L.
KELLEY and ARDIS A. KELLEY.
Notary ublic for the, State of Montana
Residing at
My Commission Expires: 4
Montana., of
ENvIRONMENTAL
QUALITY
P.0. Box 200901 • Hx9cna, MT 59620.0901 - (406) 444-2544 www.d eq.s tste.tn {.us
May 6, 2004
Smith Surveying & Consulting
Dick Smith
292 3'" Ave EN
Kalispell MT 59901
Dear Mr Smith:
RE: Western Pines Townhouses
Municipal Facilities Exclusion
EQ#04-2606
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 76-4-127, MCA. Under 76-4-125(2)(d) MCA, this subdivision is not
subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed {76-4-i 1 I (3), MCA), Construction of water or sewer extensions prior to
DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75,
Chapter 6 and Title 76, Chapter 4,
This file has been mailed to the Public Water Supply Section, Kalispell Office for their review.
Sincerely,
J
Janet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 — emaiI jskaariand@state.mt.us
cc: City Engineer
County Sanitarian
file
CsWIA,Ud cervices of "O. • E»rareemanl o"Won • Permm,x, & c mpddeasc oi.hian - Pf»ox;nR, PPeveeebn a Aesf.mxu T)ie• m, fie+»eddxr3on oie ssio»
City of Kalispell Public Works Department
Post Office Box 1997. Kalispell, Montana 59903-1997 - Telephone (406)758-7720. Fax (406)754-7831
February 5, 2004
Environmental Health Services
Flathead City -County Health Department
1035 First Avenue West
Kalispell, Montana 59901
Attention: Dick Montgomery, P.E.
RE: Western Pines Townhouses
Kalispell, Montana
Dear Dick,
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 serve the project.
Please feel free to call if you have any questions.
Sincerely,
Frank Castles, P.E.
Assistant City Engineer
cc: S.R. Smith, P.L.S.
Smith Surveying and Consulting
�91 3RI> AVENUE AAC_3N-EYXN.X 59901
vatcE: (4-06) 257-4323 ° ;<'�\X: (406) 7sC>-B0®2
)�MAI L: SA/iTi'HSUS2Vi-_l'SNGC�i>ii;ISVS_N F'i�
May 11, 2004
Tri-City Planning Office
ATTN: Tom Jentz
17 Second St. East, Suite 211
Kalispell, MT 59901
RE: Western Pines Townhouses
Enclosed is the Final Plat application and accompanying documents for the above referenced
Western Pines Townhouses.
Conditions of approval for the preliminary plat have been met as follows:
1. Development of the subdivision shall be platted in substantial compliance with the approved
preliminary plat which governs the location of lots and roadways within the subdivision except
as modified by the conditions listed herein.
The attached Final Plat conforms to the layout shown on the preliminary plat. No
changes were made except for a slight adjustment to conform the location of the as -built
party walls to the townhouse division lines.
2. A 30 foot utility easement be established along the common property lines (15 foot either
side), of the parent Lots I and 2.
See attached Final Plat for confirmation that this easement is in place.
3. As part of this subdivision, additional upgrading of Western Drive is waived at this time and
the requirements for sidewalks along 7°" is waived because they would constitute an extremely
piecemeal approach on just 65 feet of frontage in a neighborhood that is not otherwise served.
No action from subdivider is required.
4. That a letter be obtained from the Kalispell Public Works Department approving the plans
and specifications for water, sewer and drainage facilities for the subdivision and that separate
sewer and water services are available for each sublot.
Letter attached from Kalispell Public Works Department.
Copy attached of Municipal Facilities Exclusion from the Montana Department of
Environmental Quality
8: Photo Cz>ntroi Surveys - I2TK Mapping & St,Aking - Fxpert Witncss't'cstimony - I3tnandary Suirveys
5. That preliminary approval shall be valid for a period of three years from the date of
approval, an extension may be granted for an additional year.
This Final Plat application is well within the approval period.
Recap of documents included with this application:
1. Letter of approval from Kalispell Public Works
2. Municipal Facilities Exclusion from the Montana Department of Environmental
Quality
3. Title Report
4. Treasurer's certification of paid taxes
5. Consents to Plat (3 total)
6. Covenants
7. Health Department Checklist
8. Final Plat copies signed
2 Mylars
1 blueline
9. Final Plat copies unsigned
4 btuelines
10. Compact Disk with AutoCad electronic version of Final Plat
S. R. Smith, PLS
Smith Surveying & Consulting
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: �ii 1fVl1�G (1(iV°
Contact Person:
Name:_ iUiR50V6\1lgi7 2 C007Ui.1lN(�'
Address: PO ;q 1;?n
KRU--7P MT 5gly4-0�2'i
Phone No.:)(0' Z�7�'�✓Z�
Owner & Mailing Address:
Date of Preliminary Plat Approval:{
Type of Subdivision: Residential Industrial _Commercial PUD Other
No. of Lots Proposed 4 Parkland (acres)
Land in Project (ac.) ,2 Cash -in -Lieu $_
Exempt
FILLING FEE ATTACHED $ cj(t €%
40 4Z
Minor Subdivision with approved preliminary plat �$388 i •-$3&/lot
Major Subdivision with approved preliminary plat $500 + $30/lot
Subdivisions with Waiver of Preliminary Plat $500 + $30/lot
Subdivision Improvements Agreement $ 50
Not
Attached
Applicable (MUST CHECK ONEI
_ X
Title Report (Original, not more than 90 days old)
A
Tax Certification (Property taxes must be paid)1)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
f
Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement t z r
Plats: 1 opaque OR /2 Mylars
C_
wjy CU,
bra "' �) 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 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 submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application
and may invalidate any approval. The signing of this application signifies approval for Tri-City
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
Ge��P � /�i � siT 4�
Owrier(s) Sign Lure 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
S. A tie to either an existing subdivision corner or a corner of the public land survey system
As approved by the TCPB, Effective 5/ 1 / 03
Plat Rnn'11
Flathead Count,,,, Mnnrana
800 S. Maim St.
Calispell, MT 590C1
(406) 758-5510
This Form is for Subdivisions & Condominiums Only
BY: 5 VYl r 4 k
FOR: K e nATE
DESCP: w-P-Si Pvvl,PPURPOSE 5u b
(Lois I c Z a� V\]Q-+vn
YEARS ASSESSOR #
1 999 T! !RU
& TO DATE
v(068L 58
o1�azs68
I hereb,,I certify that there are no outstanding taxes on the property
assignprt the assessor numbers listed above, for the years indicare_i r
each assessor number.
Derirty Treasurer U" Z��A
(seal) IAA
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE
Policy No. 7208926- 12 0 2
REPLACES 7208926-1197
CHICAGO TITLE INSURANCE COMPANY
To the County of Flathead - and the City of Kal i spel 1 in Montana
CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State
of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in
Montana hereby certifies that from its examination of these public records which impart constructive notice of
matters affecting the title to the real estate described in Schedule A hereof, as of the 12th day of
Apr i 1 1 2004 . at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee
simple of record in:
Ronald L. Kelley
Ardis A. Kelley, as Joint Tenants
subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof.
The maximum liability of the undersigned under this certificate is limited to the sum of $ 10 , 000. 00
This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and
for the use of the County and City above named.
CHICAGO TITLE INSURANCE COMPANY
presdard
ATTEST
/��� SecrWry
Reorder Form No. 9113 (Reprinted 12100) Preliminary Subdivision Certificate of Title
For Use In Montana
SCHEDULE A
Page 2 Certificate No.: 7208926-1202
Replaces Certificate No.:7208926-1197
Our File No.: CG-38454
Being the legal description of the real estate covered by this certificate.
The following -described parcels of real estate:
Lots 1 and 2 of WESTERN PINES, according to the map or plat thereof on file and of record in
the office of the Clerk and Recorder of Flathead County, Montana.
To Be Known As: WESTERN PINES TOWNHOUSES
Page 3 Certificate No.: 7208926-1202
Replaces Certificate No.:7208926-1197
Our File No.: CG-38454
Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections
whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or
inheritance, or assessments of whatever nature), or encumbrances; and all other matters
whatsoever affecting said premises, or the estate, right, title, or interest of the record owners,
which now do exist of record.
1. Property taxes for the second half of the year 2003.
2. Property taxes, including any assessments collected with the taxes, for the year 2004.
3, Reservations in Patents or the acts authorizing the issuance thereof.
4. Mineral rights, claims or title to minerals in or under said land, including but not limited to
metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other
rights relating thereto, whether express or implied, recorded or unrecorded.
5. Delinquent water and sewer charges of the City of Kalispell, if any.
6. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers,
obligations, liens or charges as provided therein, but omitting any covenant or restriction
based on race, color, religion, sex, handicap, familial status or national origin, unless and
only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the
United States Code or (b) relates to handicap but does not discriminate against handicapped
persons, recorded May 3, 1974 under Recorder's Fee #4137, in Book 568, page 86, records of
Flathead County, Montana, and any amendments thereto, including but not limited to the
following amendments: Amendment recorded July 8, 1974 under Recorder's Fee #6506, in
Book 571, page 14, and amendment recorded December 13, 1993 as Document
#9334716410, and amendment recorded April 20, 2000 as Document #200011111590, all
records of Flathead County, Montana.
7. Terms and provisions contained in Agreement between the City of Kalispell and the Western
Acres Homeowners Association, recorded January 19, 1976 under Recorder's Fee #568, in
Book 591, page 546, records of Flathead County, Montana.
Terms and provisions contained in Resolution No. 4135, regarding annexation to the City of
Kalispell and zoning, recorded December 14, 1993 as Document #9334815050, records of
Flathead County, Montana.
9. Certificate of private road as shown on the plat of Western Acres.
10. A 10 foot waterline easement, along the West boundary, as shown on the plat of Western
Acres, and the unrecorded plat of Western Pines Townhouses.
11. Certificate of utility easement and parkland certification as shown on the plat of Western
Pines and the unrecorded plat of Western Pines Townhouses.
Page 4 Certificate No.: 7208926-1202
Replaces Certificate No.:7208926-1197
Our File No.: CG-38454
12. A 10 foot utility easement along the South boundary as shown on the plat of Western Pines
and the unrecorded plat of Western Pines Townhouses.
13. Deed of Trust dated October 7, 2002 to secure payment of $156,000.00, together with interest
and any other obligations secured thereby, recorded October 10, 2002 as Document
#200228316330, records of Flathead County, Montana.
Grantor: Ronald L. Kelley and Ardis A. Kelley
Trustee: Citizens Title and Escrow Co.
Beneficiary: SIB Mortgage Corp. (as to a portion)
14. Deed of Trust dated October 7, 2002 to secure payment of $156,000.00, together with interest
and any other obligations secured thereby, recorded October 10, 2002 as Document
#200228316340, records of Flathead County, Montana.
Grantor: Ronald L. Kelley and Ardis A. Kelley
Trustee: Citizens Title and Escrow Co.
Beneficiary: SIB Mortgage Corp. (as to a portion)
15. Deed of Trust dated December 12, 2003 to secure payment of $276,749.18, together with
interest and any other obligations secured thereby, recorded December 15, 2003 as Document
#200334916520, records of Flathead County, Montana.
Grantor: Ron L. Kelley and Ardis A. Kelley
Trustee: Citizens Title & Escrow
Beneficiary: Provident Financial, Inc. (as to portion)
16. Fifteen foot utility easements as shown on the unrecorded plat of Western Pines Townhouses.
17. No search has been made for water rights and unpatented mining claims, and liability thereon
is excluded from coverage of this Certificate.
OIVG
I KAL ADD I'
���f:�i
MIN
t ADD I
fl.► ..
AL .F-'�
KAA
.. .1
'.'��iifi •
LER ADD
.... ADD
FM
HDOL ADD
SCHDOL ADD
kL
a
ISML
.-
INF
.r. •r
LAW I
NO
"° ADD
K ADD I
r.. ( r
RE
1
. I
t �\
a•a
„a
87
STI
Consent to Dedication by Encumbrances
(1)(We), the undersigned encumbrancer(s), do hereby join in and consent to the annexed
plat, location stated below, and release (my)(our) respective liens, claims and
encumbrances as to any portion of said lands shown on such plat as being dedicated to
the use of the public forever.
Lots 1A and IB of the soon to be recorded Western Pines Townhouses, also being 1475
and 1477 Western Drive, Kalispell, MT 59901, .lying in portions of the SE1I4 and the
SWIA of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County,
r
i
Montana, as shown as Exhibit "A" on the attached plat thereof.
J
SIB Mortgage Corporation By:
Dated this'�� day of r 2004.
State of New York)
County of I{ings ) ,
On this day of # f 2004, before me, the
undersigned, a Notary Public for the State of New 'York personally appeared the
abovesigned, known to me to be the persons whose names are subscribed to the foregoing
instrument and acknowledged to me that they executed the same.
IN W1INESS WBEREOF, I have hereunto set my hand and affixed my Notarial
Seal that day and year first above written.---�'''
f z,ze f�
Notary Pu he for the Sate of Ne rk
Residing at
ti L sate of New �� r My Commission Expires: ? a
LX, Is
n n�
Consent to Dedication by Encumbrances
(1)(We), the undersigned encumbrancer(s), do hereby join in and consent to the annexed plat,
location stated below, and release (my) (our) respective liens, claims and encumbrances as to any
portion of said lands shown on such plat as being dedicated to the use of the public forever.
Lots 2A and 213 of the soon to be recorded Western Pines Townhouses, also being 1420 and
1422 7"' Avenue West, Kalispell, MT 59901, lying in portions of the SE1/4 and the SW 1/4 of
Section 18, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, as shown
as `EXHIBIT A' on the attached plat thereof.
Encumbrancer
Dated this i 2--+7k day of -1� k 12004.
STATE OF MONTANA )
SS.
COUNTY OF FLATHEAD )
On this ..�'' day of 7141-d 2004, before me, the undersigned,
a Notary Public for the State of Montana, personally appeared the abovesigned, known to me to
be the persons whose names are subscribed to the foregoing instrument and acknowledged to me
that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
Notary Public, for theState of Montana
Residingat�t�f
My Commission Expires: �, 7 --A6e
Consent to Dedication by Encumbrances
(1)(We), the undersigned encumbrancer(s), do hereby join in and consent to the annexed
plat, location stated below, and release (my) (our) respective liens, claims and
encumbrances as to any portion of said lands shown on such plat as being dedicated to
the use of the public forever.
Lots 2A and 2B of the soon to be recorded Western Pines Townhouses, also being 1420
and 1422 7`h Avenue West, Kalispell, MT 59901, lying in portions of the SEl/4 and the
SWl/4 of Section 18, Township 28 North, Range 21 West, P.M.,M., Flathead County,
Montana, as shown as `EXHIBIT A' on the ttached plat thereof.
i
SIB Mortgage Corp By: n°
Encumbrancer Andre K. Burrell, Asst. Corp. Sec'y
Dated this 2{day of 2004
STATE OF NEW YORK)
SS.
COUNTY OF KINGS )
On this day of ?=J=; , 2004, before me, the undersigned, a Notary Public
for the State of New York, personally appeared the abovesigned, known to me to be the
persons whose names are subscribed to the foregoing instrument and acknowledged to
me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
r
Notary Public for the State of New York
KAR, N M L Y
Natasy Pub•e a+r .- 4ew York /,1 p,. `" -_ '114
1c 24 +6+ tonnty f " t t / �" `� 'l+
e al" ®, tot Residing at ;
n, ss
xr,re - ..t �. g (, t.
i
I
My Commission Expires f t '
C:ADocnments and Settings\aburrell\Local Settings\Temporary Internet Files\OLKI IAAConsent to
Dedication by Encumbrances.doc
PRELUNARY PLAT OF WESTERN PINES TOWNHOUSES
SW1/4, Section 18
Township 28 North, Range 21 West, P.M.,M.
Flathead County, Montana
�I { 1A
li "«Lot fB
aiar srt n A
Wf l
1 .
-ev_SB8'.4-.- .z
d
1
LOT 3
oA'estern
Q ,
Fa'vaes
291 3rd Avenue E. K
Ka1151I Montana 59901
LOT 4
}
H'estern Acres
�'
1..62'
/
--Lot 2A A b
e }
e
�e k
Lot 2B
mo as n fI 'r
-
8
Ka1iJ
I _
LOT 9
Xestern. Pines
,I
rro.�B:
Pmpnai tlydm ImvMoux mlulniL
Semoe to Cp al KZIiMI w61ng m
uunholees
Fropnm ukirye® eadik
ouaYfenmmeY OryalRtlkp
marre aewara. cro a haesceii a+
f 9'on NAwnw W¢st
15 on VHalm CXw
SmeWIMw dLL991R 9MU
SmvuNOnbWk t8xN 3B
W
GRAPHIC SCALE
�
arm w
n
Fr a•w-
.n s mmn wnkn
a'v-.a�se�
.o2-mva.
-6bS-GW
Ih a yerta a.ry mm�
a 55
Hemxa 1` amllv�.w ewm
e}z
®
fl¢M1,c Irmabmwvn
O.
yew
C__
_�:MTQ $[leFF Lmmv
�o^mwfr
uw