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10. Resolution 4934 - Final Plat - Kalispell Regional Medical Center 2Tri-City Planning Office 17 Second Street East - Suite 21.1 Kalispell, Montana 59901 Phntne! 14061 7S1-1RAn Fax: (4061 751-1858 tric itv�:centurvtel. net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Frank Garner, Acting City Manager SUBJECT Kalispell Regional Medical Center 2 MEETING DATE. September 7, 2004 BACKGROUND: This is a request for final plat approval for Kalispell Regional Medical Center 2, a one lot subdivision on approximately 4.38 acres located at the northern terminus of Bountiful Drive. The property is currently occupied by the Brendan House and the purpose of the subdivision is to expand the facility. This is actually a relocation of common boundary lines on this property, but because it incorporated common area it is required to go through the subdivision review process. The property is zoned H-1, Health Care, and is part of the hospital campus. Preliminary plat approval for this subdivision was waived by the Tri--City Planning Office on July 14, 2004 subject to five conditions because the subdivision meets the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations and detailed in the attached transmittal letter. The property owner has met the five conditions that are also detailed in the transmittal letter. Findings of fact are found in attached staff report KWP-04-4 which review the conditions of approval and a how they have been met. RECOMMENDATION: A motion to adopt the findings of fact in the resolution approving the final plat for Kalispell Regional Medical Center 2 would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Narda A. Wilson Senior Planner Potential minor positive impacts once developed. As suggested by the city council.. Report compiled: September 1, 2004 Frank Garner Acting City Manager Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish. • Final Plat for Kalispell Regional Medical Center 2 September 1, 2004 Page 2 Attachments; Letter of transmittal Final plat application and supporting documents REPORTS \KALISPELL\KWP04-4MEM0. DOC .RESOLUTION NO.4934 A RESOLUTION APPROVING THE FINAL PLAT OF KALISPELL REGIONAL MEDICAL CENTER 2, DESCRIBED AS ASSESSOR'S TRACTS 6EF AND 6EG AND A PORTION OF THE COMMON AREA FOR KALISPELL REGIONAL MEDICAL CENTER IN GOVERNMENT LOT 14, SECTION 6, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Kalispell Regional Medical Center, the owner of certain real property described above, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on July 14, 2004, by the Tri-City Planning Office according to Section 2.06 of the Kalispell Subdivision Regulations subject to five (5) conditions, all of which have been met, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Tri-City Planning Office has reviewed the proposed subdivision and made a report (KWP-04-4) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report #KWP-04-4 are hereby adopted as the Findings of Fact of the City Council. SECTION IL That the application of Kalispell Regional Medical Center for final plat approval of Kalispell Regional Medical Center 2 in Section 6, Flathead County, Montana, is hereby approved. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder; said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 7TH DAY OF SEPTEMBER, 2004. Pamela B. Kennedy ATTEST: Mayor Theresa White City Clerk Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 September 1, 2004 Frank Garner, Acting City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval for Kalispell Regional Medical Center 2 Dear Frank: Our office has received an application for final plat. approval from Eby 8, Associates on behalf of the Kalispell Regional Medical Center, for a one lot subdivision. Preliminary plat approval for this subdivision was waived on July 14, 2004, subject to five conditions because it meets the criteria for preliminary plat waiver. This property is located at the northern terminus of Bountiful Drive and the east end of Conway Drive. This lot contains approximately 3.38 acres and is occupied by the Brendan House. The Brendan House is expanding the facility and are therefore creating a larger parcel to accommodate the expansion. The property is zoned H-1, Health Care, and the existing and proposed use comply with zoning. The property can be described as Assessor's Tracts 6EF and 6EG and a portion of the Common Area for Kalispell Regional Medical Center in Government Lot 14, Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. This one lot subdivision is essentially the relocation of common boundary lines but necessitated subdivision review because it incorporates a portion of the common area for the hospital. The Montana Subdivision and Platting Act does not allow the relocation of common boundaries unless the "easement" associated with the property remains the same. In this case, the common area will no longer be used as common area but rather as a building site and therefore required this subdivision be acted on by the city council. Our office waived the preliminary plat on July 14, 2004 subject to several conditions because it has been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Specifically, it can be found that the following conditions exist: 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or private parkland. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish •Cite of Columbia Falls • Final Plat for Kalispell Regional Medical Center 2 September 1, 2004 Page 2 3. All lots have legal and physical access conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Public sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations. 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. The Kalispell City Council will need to adopt findings of fact for approval found in attached staff report KWP-04-4 concurrent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been met. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. to This condition has been met. The lot in the subdivision complies with the preliminary plat that was waived. Condition No. 2. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Bountiful Drive to City standards. + This condition has been met. The required note has been placed on the face of the final plat. Condition No. 3. A municipal facilities exemption be obtained from the MDEQ and a letter from the Kalispell Public Works Department stating that municipal water and sewer service are available and will be provided to both lots. This condition has been met. See attached MDEQ letter dated March 15, 2004 certifying that the subdivision will be connected to municipal facilities. Condition No. 4. That the easement indicated on the plat be shown as a parking, access and utility easement. • This condition has been met. The required easement note has been placed in the appropriate location on the plat. Condition No. 5. This waiver of preliminary plat approval is valid for three years and shall expire on July 14, 2007. This condition has been met. The final plat was submitted prior to expiration of the waiver. 2 Final Plat for Kalispell Regional Medical Center 2 September 1, 2004 .Page 3 COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was re -viewed and approved. 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 has been found to be in compliance with the Kalispell Zoning Ordinance and the H-1, Health Care, zoning designation assigned to the property. RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-04-4 as findings of fact and approve the final plat for Kalispell Regional Medical Center 2. Please schedule this matter for the next regular city council meeting of September 7, 2004. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, Narda A. Wilson, A1CP Senior Planner NW/MDC Attachments, Vicinity map 1 opaque mylar 1 reproducible mylar 1 paper copy Staff Report KWP-04-4 Ltr from Eby & Associates 8/ 16/04 Final plat application received 8/ 12/04 Letter from TCPO for pre plat waiver dated 7/ 14/04 DEQ approval dated 8/ 13/04 Treasurers Certification dated 8/ 12/04 Title report from Stewart Title dated 7/30/04 Original Grant Deed to be recorded with plat dated 8/ 12/04 Copy of final plat of lots Final Plat For Kalispell Regional Medical Center 2 September 1, 2004 Page 4 C: KRMC, NW Healthcare, NW Horizon, 310 Sunnyview Lane, Kalispell, MT 59901 Eby & Associates, P.O. Box 7144, Kalispell, MT 59904 Jackola Eng, P.O. Box 1134, Kalispell, MT 59903 Theresa White, Kalispell City Clerk H: \F'I7DO\REPORTS \KALI SPEL \KWP\ 04 \KWP-04-41tr.DOC KALISPELL REGIONAL MEDICAL CENTER 2 TRI-CITY PLANNING OFFICE STAFF REPORT RVP-04-4 REVIEW AND FINDINGS OF FACT SEPTEMBER 1, 2004 This is a report to the Kalispell City Council for findings of fact for a one lot subdivisions located in the hospital campus area. Preliminary plat approval for this minor subdivision was waived on July 14, 2004, subject to five conditions. Those conditions have been met. BACKGROUND: This is a one lot subdivision in an H-1, Health Care, zoning district which combines two lots into one lot and increases the lot size of the parcel by incorporating common area from the Kalispell Regional Medical Center subdivision. A. Applicant: Kalispell Regional. Medical Center Northwest Healthcare Northwest Horizons, Inc. 310 Sunnvview Lane Kalispell, MT 59901 (406) 752-8991 Technical Assistance: Eby & Associates, Inc. P. O. Box 7144 Kalispell., MT 59904 (406) 755-5329 Jackola Engineering & Architecture P.O. Box 1134 Kalispell, MT 59903 (406) 755--3208 B. Location: The property is located at the northern terminus of Bountiful Drive and the east end of Conway Drive. The property can be described as Assessor's Tracts 6EF and 6EG and a portion of the Common Area of Kalispell Regional Medical Center in Government Lot 14, Section 6, Township 28 North, Range 21 West, P.M.M., Flathead. County. C. Size: Total area: 4.384 acres D. Existing and Adjacent Land Uses: Currently this property is occupied by the Brendan House assisted living facility. The purpose of the subdivision is to provide room for expansion of the facility. The surrounding land uses are hospital and clinic related uses to the north and west, the Salvation Army to the south and residential uses to the east_ E. Zoning: The property is zoned H-1, Health Care. This zoning district has a minimum lot width requirement of 60 feet and a minimum lot size requirement of 7,000 square feet. The proposed lot complies with the zoning and so do the existing and proposed use. F. Relation to Growth Policy: The property is designated as Mixed Use in the Kalispell Growth Policy 2020. The existing H-1 zoning and the proposed uses for the site comply with the anticipated development for the area. G. Utilities: Water and Sewer: Electricity: Telephone: Gas: School: Police: Fire Protection: City of Kalispell Flathead Electric Coop CenturyTel Northwest Energy School District #5, Kalispell City of Kalispell City of Kalispell REVIEW AND FINDINGS OF FACT This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected to significantly impact the service provided by the district. A fire hydrant access road has been provided from Sunnyview Lane to the north through to .Bountiful Drive as an easement on this plat. 'there are hydrants in the immediate area. Vegetation and topography: The property is relatively level and has mature vegetation and landscape that will likely remain. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not mapped in big game habitat winter range and does not provide habitat to significant wildlife other than some birds and small animals with occasional deer in the area. C. Effects on the Natural Environment: The subdivision will be served by City of Kalispell water and sewer minimizing impacts to groundwater. There is no surface water or ground water in the area that can be anticipated to be impacted when this property is developed. Any impacts on the natural environment related to this subdivision will be insignificant. D. Effects on Local Services: Sewer and Water: The City of Kalispell will provide water and sewer service to the property and currently serves the existing residence. It will serve the new development once completed. There are existing water and sewer mains 2 directly accessible to the site and no new water or sewer mains will be needed to be extended to service this property. Access and Roads: Access to the site can be obtained directly from Bountiful Drive to the south or Conway Drive to the west. These are existing City streets that is owned and maintained by the City of Kalispell. Due to the substandard nature of the street, this office has required the applicant waive the right to protest the creation of an SID to improve the roadways at some point in the future. The lot will be developed with an moderate expansion of the facility. The impacts to the roadways in the area will be minimal. There are no sidewalks adjacent to this property. Schools: This property is within he boundaries of School District #S, Kalispell. This subdivision is non-residential in nature and will have no impacts on the enrollment of the school district and may result in one additional school aged child being enrolled in the district. Parks: Parkland dedication is not required for minor subdivisions. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Refuse disposal will be provided by the City of Kalispell. The proposed subdivision is not expected to impact the landfill. Medical Services: Emergency medical service is provided by the Kalispell Regional Hospital; Ambulance and Life Flight services are also available. E. Effects on Agriculture: This subdivision is in the urban area. of Kalispell and the area has been developed to an urban density. This property has not been used for agricultural purposes in the past and will have no effect on agricultural activities in the Valley. F. Compliance with the Kalispell Subdivision Regulations This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.06 of the regulations which include the following: (1) the plat contains five or fearer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there is no significant effects anticipated on agriculture and agricultural Water user facilities, local services, the natural environmental wildlife and wildlife habitat and the public health and safety. This subdivision is in substantial compliance With the Kalispell Subdivision. Regulations. G. Compliance with the Kalispell Zoning Ordinance: This subdivision complies with the minimum lot size and lot Width requirements of the H-1, Health Care, zoning district. Additionally, the existing facility and facility expansion anticipated for the property comply with the development standards for the zoning district in which it is located. The subdivision complies With the zoning for the property. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-04-4 as findings -of -fact for the proposed subdivision and approve the final plat. H:\FRDO\REPORTS\KALISPEL\KWP\04\KWP-04-4 KRMC2.DOC NW El-3y & ASSOCIATES INC € HAEL J. DRENITH PE 8 .August 16, 2004 Narda Wilson Tri-City Planning Office 17 Second Street - Suite 211 Kalispell, MT 59901 Re: Final Plat Application for Kalispell Regional Medical Center 2 Dear Narda: POST OrFF CE Box 7444 KA t RELA_ MT 59904 -406-75S-5329 QiCE 4.5-7 5- 13" -AX Enclosed is a final plat application package for the above -referenced subdivision. We have satisfied the conditions of preliminary plat as follows: 1. The final plat is unchanged from the configuration of the preliminary plat. 2. A Waiver of Protest note for the future upgrade of Bountiful Drive is placed on the face of the plat. 3. A municipal facilities exemption has been obtained from the Montana Department of Environmental Quality and the Certificate of Subdivision Plat Approval is included with this application. 4. The easement on the plat is shown as a parking, access and utility easement. A utility easement statement is also on the face of the plat. 5. It has been less than three years since waiver of preliminary plat. The following items are included with this cover letter: 1. Final plat application form 2. Original Certificate of Subdivision Plat Approval 3. Platting certificate 4. Tax certification 5. 6 copies of the final plat, 2 executed mylars for filing, 4 unexecuted paper copies 6. Deed conveying title to Northwest Horizons, Inc. 6. Floppy disk containing AutoCAD drawing of the subdivision If you have any questions concerning this application, please contact me any time. Sincerely, Jare�. Eby Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION KALISPELL .... WHITEFISH _......___ COLUMBIA FALLS Project /Subdivision Name: Contact Person: Owner & Mailing Address: Name: _KALU>'UL��2466L- L D I Cj6 L ►� Address: + I Q9 D kw- k�i �AtrTI,_i ° A . g ®y f �j,�F�$ 4p_���.(�'jj I1pp��5fZIZ0tt , li AC- , `- ¢•: A � - 2 H !1 C A t R 9 �% a �. + f.� Phone No.:-7!�; Date of Preliminary Plat Approval: i ,l1 ( Z®c, Type of Subdivision: Residential Industrial Commercialy" PUD Other No. of Lots Proposed Parkland (acres) __JJ A Land in Project (ac.) A Q,'3�4- Cash -in -Lieu $. Exempt FILLING FEE ATTACHED $ Minor Subdivision with approved preliminary plat $400 + $40/lot Major Subdivision with approved preliminary plat $650 + $40/lot Subdivisions with Waiver of Preliminary Plat $600 + $40/lot Subdivision Improvements Agreement $ 50 Attached Not Applicable (MUST CHECK ONE) Health Department Certification (Original) y Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) �O Consent(s) to Plat (Originals and notarized) V, Subdivision Improvements Agreement (Attach collateral) V_ Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: I opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration 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. ®� Owner(s) Signature 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 3/ 15/04 Tri-City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 July 14, 2004 Eby & Associates, Inc. P.O. Box 7144 Kalispell, MT 59904 Phone: (406) 751-1850 Fax: (406) 751-1858 tricltyCcenturytel.net Re: Waiver of Preliminary Plat Approval - Kalispell Regional Medical Center Lot 3 Dear Jane: This letter is in response to your request for waiver of preliminary plat approval for a one lot subdivision located at the northern terminus of Bountiful Drive where the Brendan House Nursing Facility is currently located. The creation of this one lot subdivision will facilitate the expansion of the facility while providing the needed parking and access to the site. This property is in an H-1, Health Care, zoning district and the proposed lot complies with the zoning for this district. The property can be described as Assessor's Tracts 6EF and 6EG and a portion of the common area in the Kalispell Regional Medical Center subdivision located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. il„ n nr� rnrr m� + of { P �ncarT .T-A;114�irr caio +"— r.ra i:..er....-t. _I_+ Our O ice wcan find h—at iiw propose su"u . .Mon iaeww ia�w �i w.xciuilcuy Na.CL 'v`ti aiv er criteria as provided for under Section 2.06 of the Kalispell Subdivision Regulations. Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. Due to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval subject to the following conditions: 1. That the final plat is in substantial compliance with the preliminary plat that was waived. 2. That a note be place on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Bountiful Drive to City standards. Frovidi.ng Community Planning Assistance Ta: CCITT of Columbia Falls " City of IrLalispell a City of Whitefish Waiver of Preliminary Plat KRIMC Lot 3 July 14, 2004 Wage 2 3. A municipal facilities exemption be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer service are available and will be provided to both lots. 4. That the easement indicated on the plat be shown as a parking, access and utility easement. ,5. This waiver of preliminary plat approval is valid for three years and will expire on July 14, 2007. Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval, all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision. Regulations. If you have any questions regarding this matter, please call Narda Wilson, Senior Planner, at this office. Sincerely, Thomas R. Jentz Planning Director LETTERS\WAiVEPP\04`KRMC LOT 3,DOC August 13, 2004 Jackola Engineering & Architecture PC Thor Jackola PO Box 1134 Kalispell MT 59903 Dear Mr Jackola: R-E: Kalispell Regional Medical Center 2 Municipai Faciiiiies Exclusion EQ#05-118 City of Kalispell flathead County This is to certify that the inforrnation 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 he 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 {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subj ect 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. Y'anet Skaarland Compliance Technician Subdivision Section Water Protection. Bureau (406) 444-1801 -- email jskaarland(a,)state.rnt.us cc: City Engineer County Sanitarian file Centralized services E)Msio4 • E"forcement Division a Permitting, & Compf€anee DMsi€n m Planning, Prevention &Assistance Division • Rcmt!u'iatiw3 Division Flat. Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY: I FOR: DATE l 2000 THRU �_�� & TO DATE I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. - --- U0 Deputy Treasurer (seal) GUARANTEE - (CLTA Form) Rev. 616192 GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN, stewart �title guaranty company a corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: Chairman of th Board Co tersigned y: %�u ho ized 5ignaf y S`teVNcut tt% gL�emr cornp�y IF Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the company for further information as to the availablility and cost. Guaantea G 1 57V" 10 6 Serial Na. In writing the Company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number. Order No. STK-100693 Date of Guarantee: July 30,2004 A. ASSURED: Eby & Associates B. ASSURANCES: 1) Description of the land: Guarantee No. G-1578-51068 Liability: $1,000.00 That portion of Government Lot 14 of Section 6, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Beginning at a point that bears South 69°50'35" East 1062.24 feet from the northwest corner of Government Lot 14, Section 6, Township 28 North, Range 21 West, said point being on the westerly boundary of Addition No. 64 Buffalo Hill Townhouses; thence along said westerly boundary of said subdivision and along the westerly boundary of that parcel of land described in Book 369, Page 423, records of Flathead County, Montana, the following three courses: South 03°05' 10" "A'est 49.18 feet, South 87°57'06" West 2.88 feet, and South 02°54'26" West 399.94 feet to the northwesterly comer of that tract of land denoted as Parcel B of Certificate of Survey No. 14535; thence along the northwesterly boundary of said Parcel B, South 47°33'06" West 84.47 feet to the northeast corner of Lot 2 of Highland Park First Addition.; thence along the northerly boundary of said Lot 2 and along the northerly boundary of Bountiful Drive, South 89°25' 16" West 340.70 feet to the easterly boundary of Northwest Professional Center Condo; thence along said easterly boundary of said Northwest Professional Center Condo, North 03°31'34" East 59.92 feet to the northeast comer thereof_ thence North 00°15'07" West 267.64 feet, thence North 89°36'22" East 76.59 feet to the easterly boundary of Kalispell Regional Medical Center; thence along said easterly boundary and along the southerly boundary of said Kalispell Regional Medical Center the following two courses: North 03°19'51" East 177.59 feet and North 89°21'17" East 339.43 feet to the Point of Beginning. 2) Name of Proposed Subdivision Plat: The above -described tract of land is to be known and designated as the Plat of Kalispell Regional Medical Center 2 3) That only the hereafter named parties appear to have an interest showing in the public records affecting the land necessitating their execution of the named proposed plat or map, as follows: NORTHWEST HORIZONS, INC. KALISPELL REGIONAL MEDICAL CENTER, INC., who acquired title as FLATHEAD HEALTH CENTER, INC. C. EXCEPTIONS: Being all of the estates, interests, equities, lawful claims, or demands, defects, or ohjections whatsoever to title; and all easements, restrictions, liens, charge4 tax (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. General county taxes for the year 2004, which are now a lien but not yet computed or payable. 2. Reservations in Patents or the acts authorizing the issuance thereof. 3. Less and excepting therefrom any right, title or interest in any minerals, mineral rights or related matters, including but not limited to oil, gas, coal and other hydrocarbons. 4. An easement affecting the portion of said premises and for the purposes stated herein For: construction and maintenance of a water main and pipeline In Favor of David S. Cameron Recorded: March 14, 1956 Book/Page: 385/443 n, a 5. An easement arfrecting the portion of said premises and for the purposes stated herein For: utilities In Favor of: Pacific Power & Light Company Recorded: ?March 17, 1958 Book/Page: 414/456 6. An easement affecting the portion of said premises and for the purposes stated herein For: operation and maintenance of crater main In Favor of: City of Kalispell Recorded: December 29, 1961 Book/Page: 443/628 7. Restrictive Covenant contained in Warranty Deed Recorded: March 21, 1972 Book/Page: 535/327 For: use only for business or activities that are directly related to the field of medicine S. An easement affecting the portion of said premises and for the purposes stated herein For: installation and maintenance of underground water mains rr tw,,Voll r. -;+,. n-P V T.l rr i11 It avvi v1. L,1Ly UL nalA�]� ell Recorded: June 5, 1973 Book/Page: 554/284 9. An easement affecting the portion of said premises and for the purposes stated herein For: installation and maintenance of grater line In Favor of: City of Kalispell Recorded: June 26, 1973 Book/Page: 554/879 10. Terms, Conditions and Provisions contained in Resolution No, 2970 Recorded: June 20, 1974 Book/Page: 568/755 11. An easement affecting the portion of said premises and for the purposes stated herein For: utilities In Favor of: Pacific Power & Light Company Recorded: February 6, 1976 Book/Page: 591/904 12. An casement affecting the portion of said premises and for the purposes stated herein For: utilities In Favor of: Montana Power Company Recorded. July 28, 1976 Book/Page: 602/213 13. An easement affecting the portion of said premises and for the purposes stated herein For: utilities In Favor of Pacific Power & Light Company Recorded: October 21, 1980 Book/Page: 702/841 14. Restriction contained in Reed Recorded: October 8, 1976 Book/Page: 604/305 As Follows: "Said tract of land to be subject to a utility easement to be determined at a later date" 15. An easement affecting the portion of said premises and for the purposes stated herein For: utilities In Favor of: Pacific Power & Light Company Recorded: June 24, 1981 Book/Page: 719/268 16. Terms, Conditions and Provisions contained in Ordinance No. 1044 (Annexation) Recorded: December 14, 1984 Instrument No: 84-349-11310 17. An easement affecting the portion of said premises and for the purposes stated herein For. utilities In Favor of Pacific Power & Light Company Recorded: July 22, 1986 Instrument No: 86-203-11500 18. An easement affecting the portion of said premises and for the purposes stated herein For: utilities In Favor o£ Pacific Power & Light Company Recorded: April 3, 1987 Instrument No: 87-093-10420 19. Terms. Conditions and Provisions contained in Conditional Use Permits Recorded: December 10, 1981 Rook/Page: 728/521 and Recorded: November 28, 1989 Instrument No: 89-332-14200 and Recorded: August 17, 1990 Instrument No: 90-229-11480 and Recorded: November 28, 1990 Instrument No: 90-333-15430 and Recorded. August 2, 1993 Instrument No: 93-214-16180 and Recorded: June 4, 1998 Instrument No: 1998-155-12050 and Recorded: December 21, 1999 Instrument No: 1999-355-12160 and Recorded: June 8, 2000 Instrument No: 2000- i 60-14490 and I"LlIen iUu viatit W %-VUuILavxxal vSc Recorded: July 10, 2000 Instrument No: 2000-192-11260 and Recorded: December 31, 2001 Instrument No: 2001-365-15420 20. An easement affecting the portion of said Premises and for the purposes stated herein For: ingress and egress for construction and maintenance of city water utility line In Favor of- City of Kalispell Recorded: September 28, 1993 Instrument No: 93-271-09410 21. Terms, Conditions and Provisions contained in Resolution No. 4174 (Annexation) Recorded: November 14, 1994 Instrument No: 94-318-14340 22. Terms, Conditions and Provisions contained in Easement Grant rr ; �rrias nr+ Grantor: Burraio'Hll Townhouse Owners Association Grantee: Kalispell Regional Medical Center Inc. Recorded: June 24, 2002 Instrument No: 2002-175-10220 23. Terms, Conditions and Provisions contained in Easement Grant Grantor: Kalispell Regional Medical Center Inc. Grantee: Buffalo Hill Townhouse Owners Association Recorded: June 24, 2002 Instrument No: 2002-175-10230 24. Easements, reservations, restrictions notes and dedications, as shown on Deed Exhibit No. 693, COS 2269, COS 7497, COS 7890, COS 7960, and COS 8352. 25. Easements, reservations, restrictions notes and dedications, as shown on the plat of Flathead Health Center, Amended Plat of Flathead Health Center, and Plat of Kalispell Regional Medical Center. 26. Provisions contained in that certain Certificate of Subdivision Plat Approval filed of record with Kalispell Regional Medical Center, records of Flathead County, Montana. 27. Easements, reservations, restrictions notes and dedications, as shown on the t�r�rPnnr�P� rv�io4 of Fl a�i c+r.A7j � u.m nr�ni ��Ariann� (�c>r�Mnr `i uy.F],VVa/iuvu L �µ} V; i�u;; J�J\.+LA A�vF,;Vi;µF. AYA�.+IA}1+Cii l.iLiAL4i F... 28. Waiver of Protest to the creation of a special improvement district for the future upgrade of Bountiful Drive to City Standards, as shown on the unrecorded plat of Kalispell Regional Medical Center 2. 29. An easement affecting the portion of said premises and for the purposes stated herein For: ingress and egress over common area In Favor of: Flathead Hospital Development Co., LLC Recorded: February 27, 2002 Instrument No: 2002-058-16210 30. County and/or City road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the public to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the Flathead County Clerk & Recorder's Office. 31. Survey/flat when recorded, must be in compliance with the provisions of the Montana Subdivision and Platting Act, 1973 (Sections 76-3-101 M.C.A.) and the regulations adopted pursuant Thereto. 32. Rights of the United States of America to recover any public funds advanced under the provisions of the Hill -Burton Act or various Federal statutes relating to health. 33, No search has been made for water rights or unpatented mining claims and liability thereon is excepted from this Certificate. 34. The Company requires for its review a satisfactory copy of a certificate of good standing, and satisfactory evidence of the authority of the officers, managers, or members of Northwest Health Care Corporation, Kalispell Regional Medical Center, Inc., and Northwest Horizons, Inc. to execute the documents. 35. The proposed subdivision must be authorized by a resolution of the directors of Kalispell Regional Medical Center, Inc., who acquired title as Flathead Health Center Inc. 36, The proposed subdivision must be authorized by a resolution of the directors of Northwest Horizons, Inc. THE END _A a - c I Common area and access �- and uJUity eisement Rec 3j c —339,43' - N8921'17"E 328.47' 0.96' - 4 '< .�� POINT NICD -\2 LF BEGINNING �3� —_ — N89°36'22"E 76.59' z, 214 I L� Lot 1 +4®334 acres d v 140. CJO' r F- '33 58975'25 uYY 299.59' ° F12g� 59 �� Par access, and uftlity easement A' S89'25'16"W CLI [ !SV4V29"Pv u� i ti i t B aur�ttij �,t D��iv e r Certificate ref I I Suney No. 145)35, eed AwxhiVt _ 2 Book 531 " r Page 942 1 I i 1 u 11 12 t 1 t 19 1A C 1 3 2C ++ _-----•----°--- 1A 3A 3B 29 1H S B 3 2N & u,n„ iC AA 3A 2A 1A 2 1 } C—,oM ,ot4s WAY ID IA 5c SC T PH3 P CotJMON AR J1 G BUFFALO COIJIAON f 1 1 1 p �W PH3 B3 Fi! 2 13LK 2 1 pR � 0 2 4 n � Q Q 4 GoU40t+s Loa 2 3 ° 3 8 o $,¢ 2 3 1 t j a 15 4 p 5G8 2+ G -YV L 2 1 0 4 Lj L.2&3 4-l�r t t 3 5 5 SAAA 6 4 pleb T �� 3 E 88BQt2 3 7 ©® 2 1 S WmMoNS WAY l 5 12 � 7 n � DR tg_ COMMONBLK 2 1 g 5 6 7 1 9 10 B 9 10 1\ `� 2 z HERITAGE f13 f 12 11 PoDG�IEW 12 PLACE f co mcm AREA PARSC ftc f 5ABAF 1 y 1 5ABD 5ASA i,3so REf i`11yRir� wAr1FFA GRAVEL „ $, o y PIT fl, 3A9 43A 1�-6 1n 7�OmEm 1[ s'!B 3 t�isegx,s ,G,x z y i � 1 �C ! 16-WATH I" 5AB f \6,,: ,6 6-^ Lot 1y ; 6 ► f 1 6 A e 4 — s+ ADD �� s N MEFi'1DiAN {gyp 3 2� SASB SASH n ��P & 4-�'e � _ Co \ max" xai �.�n 3 r, ltlS P S s 4 5' ''H 2 X, f tin Q , E+ �, t Lot + �, ,. Lc 7E;-Err - 7 + L I AAA `. suNNnrEw 7Ll y 7 &L240 s 1 s 7EG &L2AAD 4f 1A 2 1 1 5AC71 G IYd7 7&-- f IgyfeFgL e 3 2 1 ,.. tlF -- --- 7L 3UNNYOE1 y L.Nf 5F i$1°'f! 5F+ f fi1 7EF- — COMMON AREA , 2 KALISPELL R GIONAL Na 14 AMr3 wa is 'S 3 A �� MEDICAL CENTER7 A00 QS ,a AUD L2 100, 3 t 2 5 EF 12 HALL COR ADD. Na 82 LC 7 t 6EG subj t NopertyLot 5 f 4 a 5 r A 12 11 �Ng WAY 5i PFQFBNckt 6EC ° 5 7 71E3 71 9 t3 7 0 a sE A 4 1A 3 �ERTSCHI LQ* " BOUNDFUL 3A &84H � 6DH 2 A AD® 1 2 3 m 1