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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