4. Final Plat - Home Depot Subdivision #1REPORT TO:
EaTEq
SUBJECT:
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity*centurytel, net
www.tricityplanning-mt.com
Kalispell Mayor and City Council
Thomas R. Jentz, Director
Chris A. Kukulski, City Manager
Final Plat Approval for Home Depot Subdivision # 1
MEETING DATE; August 18, 2003
BACKGROUND: This is a subdivision that creates one additional lot intended for
commercial use. The .952-acre property is located on the southwest corner of the Home
Depot ownership at the corner of West Reserve Drive and US Hwy 93 in Kalispell. The
property is zoned B-2 General Business with a PUD overlay. The lot complies with the
minimum lot size requirements of the zoning district. All municipal services are
available to serve the lot and there are no unusual development constraints related to
topography, fire hazard or floodplain concerns.
The Tri-City Planning Office waived the preliminary plat this subdivision on July 10,
2002 because it can been found that the subdivision meets the criteria for preliminary
plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations
subject to four conditions.
Findings -of -fact for are found in attached staff report #KWP-03-5 which review the
statutory criteria for plat approval and a transmittal letter dated August 7, 2003 from
this office discuss compliance with final plat criteria how they have been met.
RECOMMENDATION: A motion to adopt the findings -of -fact in the staff report
#KWP-03-5 and approval of the final plat would be in order.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Thomas R. Jentz
Director
Chris A. Kukulski
City Manager
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls •
Final Plat for Home Depot # 1
August 7, 2003
Page 2 of 2
Report compiled: August 6, 2003
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter and application materials
Staff report #KWP-03-5
Plats
\REPORTS\... \KWP05-5MEM
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity(a-),centu rytel. net
www.tricityplanning-mt.com
August 7, 2003
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
RE: Final Plat Approval for Home Depot Subdivision # I
Dear Chris:
Our office has received an application from Thomas, Dean and Hoskins, Inc. on behalf of
Home Depot USA for a one -lot subdivision to be located on the southwest corner of the 12-
acre Home Depot ownership situated at the comer of US 93 and Reserve Drive in Kalispell.
The proposed lot contains approximately .952 acres and is being subdivided for the
purpose of creating a commercial building site. Please note that the subdivision will
displace approximately 25 - 30 parking spaces on the Home Depot lot, however, this will
not impact the parking as Home Depot greatly exceeds the number of required parking
spaces to date. The lot is served by all City services and is zoned B-3 with a PUD overlay.
The property can be described as a portion of Tract 3D in Section 31, Township 29 North,
Range 21 West, P.M.M., Flathead County, Montana.
Our office waived the preliminary plat on July 10, 2002 subject to four conditions because it
has been found that the subdivision can meet the criteria for preliminary plat approval waiver
as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Specifically, it can be
found that the following conditions exist:
1. The plat contains five or fewer lots.
2. There is no public dedication of streets or public or private parkland.
3. All lots have legal and physical access conforming to the subdivision regulations.
4. Each lot has a suitable building site and there are no environmental hazards present.
5. Public sewer and water are adequate and in place.
6. The subdivision complies with the subdivision regulations and current zoning
regulations.
7. No significant effects are anticipated on agriculture and agricultural water user facilities,
local services, the natural environment, wildlife and wildlife habitat and the public health
and safety.
The Kalispell City Council will need to adopt findings of fact for approval found in attached
staff report #KWP-03-5 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.
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls •
Final Plat for Home Depot Subdivision # 1
August 4, 2003
Page 2 of 3
COMPLIANCE WITH CONDITIONS OF APPROVAL
Condition No. 1. That the final plat is in substantial compliance with the preliminary plat
that was waived.
• This condition has been met. The lots in the subdivision comply with the preliminary
plat that was waived.
Condition No. 2. That the development of the site complies with the terms and
conditions of the Mountain View Plaza Planned Unit Development agreement and
associated zoning.
• This condition has been met. The owners are aware of the PUD requirements. These
requirements will be implemented at the time of building permit. A specific use has not
been submitted at this time.
Condition No. 3. That a Certificate of Subdivision Approval be obtained from the
Department of Environmental Quality.
• This condition has been met. MDEQ letter dated 3/ 10/03 certifying that the
subdivision will be connected to municipal facilities has been submitted with the final
plat.
Condition, No. 4. This waiver of preliminary plat approval is valid for three years and
shall expire on July 9, 2005.
• This condition has been met. The final plat was submitted prior to expiration of the
waiver.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was reviewed
and approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in substantial compliance with the State and
City Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance
and the B-2 General Business zone and associated Mountain Plaza PUD zoning designation
assigned to the property.
Final Plat for Home Depot Subdivision # 1
August 4, 2003
Page 3 of 3
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-03-5
as findings of fact and approve the final plat for Home Depot Subdivision # 1. Please
schedule this matter for the next regular City Council meeting of August 18, 2003. You
may call me at (406) 751-1851 if you have any questions regarding this subdivision.
Sincerely,
77T'94-""'�q7-�
Thomas R. Jentz, AICP
Director
TJ/ sm
Attachments: 1 opaque Mylar
1 reproducible Mylar
1 paper copy
Staff Report KWP-03-5
Ltr from TD 8v H Eng. dated 7/28/03
Final plat application dated 7 / 17 / 03
Letter from TCPO for pre plat waiver dated 7 / 10 / 02
DEQ approval #E.Q. #03-2229 dated 3/ 10/03
Treasurers Certification dated 6/ 10/03
Title Report from Citizens Title (H 329617) dated 7 / 8 / 03
Location Map
Map showing location of lots
c: Thomas, Dean 8. Hoskins, Inc., 690 North Meridian Suite 101, Kalispell, MT 59903
Theresa White, Kalispell City Clerk
REPORTS \KALISPELL\03 \KW P5-05LTR
HOME DEPOT SUBDIVISION # 1
TRI-CITY PLANNING OFFICE
STAFF REPORT #KWP-03-5
REVIEW AND FINDINGS OF FACT
AUGUST 7, 2003
A report to the Kalispell City Council presenting findings -of -fact for a one -lot commercial
subdivision. Preliminary plat approval for this minor subdivision was waived on July 10,
2002, subject to four conditions.
BACKGROUND: This subdivision will create one additional commercial lot within the
Mountain View Plaza PUD.
A. Applicant: Home Depot, USA, Inc.
Property Tax department #3105
P.O. Box 105842
Atlanta, GA 30348-5842
Technical Assistance: Thomas, Dean and Hoskins
690 North Meridian, Suite 101
Kalispell, MT 59901
(406) 752-5246
B. Location: The property is located on the southwestern portion of the Home Depot
property on the corner of West Reserve and US Hwy 93 and contains approximately .952
acres of land. The applicants propose to utilize the lot for commercial purposes but do not
have a specific client in mind. This lot will displace between 25 - 30 parking spaces within
the Home Depot parking lot. These spaces are in excess of the required parking for Home
Depot. The proposed subdivision can be described as a portion of tract 3D in Section
31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.
C. Size:
Total area: .952 acres (41,489 square feet)
175 feet wide by 237 feet deep
D. Existing and Adjacent Land Uses: The property is currently developed as a
commercial parking lot for Home Depot. The site itself contains 25 - 30 parking
spaces which will be converted into a building pad with its own onsite parking lot.
The Home Depot site contains considerably more parking than is required by the
City zoning code, consequently the loss of parking for the is project will not affect
their minimum requirements or operation. The proposed lot is completely
surrounded by commercial development within the confines of the Mountain Mall
Plaza.
E Zoning: The property is zoned B-2 General Business with a PUD (Mountain Mall)
overlay. The lot as proposed would comply with the applicable standards of the B-2
zone and the PUD. All design standards of the PUD will apply and will be
implemented at the time of building permit application.
F. Relation to Growth Policy: The property is designated as Commercial. This
designation provides for a broad array of commercial uses as further refined by the
PUD overlay. The commercial policies of the plan support the expansion and
#KWP-03-5
Page 1 of 3
development of existing commercial areas, especially those served by the full array of
city services.
G. Utilities:
Water and Sewer: City of Kalispell
Electricity: Flathead Electric Coop
Telephone: CenturyTel
School: School District #5, Kalispell
Police: City of Kalispell
Fire Protection: City of Kalispell
1_5 Dili__ m I Ii
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 services provided by the department.
Vegetation and topography: The property is relatively flat and currently developed as
a parking lot. Historically the land was a gravel pit, recently reclaimed as part of the
Mountain Mall development program. As such neither vegetation or topography
pose issues.
Floodplain: The site is outside of a designated 100-year floodplain.
B. Effects on Wildlife and Wildlife Habitat: The subdivision occurs within the
confines of an urban parking lot. The site does not provide habitat to any wildlife
because of its urban location.
C. Effects on the Natural Environment: The subdivision will be served by City of
Kalispell water and sewer which will minimize any potential impacts to groundwater.
There is no surface water in the immediate vicinity that could be impacted by storm
water runoff or other development activity. All storm water generated from this site
will need to be retained on -site. 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. Mains already abut the property. No significant impacts are anticipated to
the City with regard to water and sewer services as a result of the creation of this
subdivision.
Roads: Access to the existing site is via US Hwy 93 and West Reserve. Within the
Mountain Mall development (Home Depot site) all access will be by private cross
easements already in place. Traffic volumes generated by the project are difficult to
anticipate without a specific type of use, however 500 -1,000 vehicles a day could be
anticipated. These trips would not necessarily be new because of the nature of the
shopping center and number of other commercial uses in the area. This will not
significantly impact the internal road systems or the adjacent neighborhood.
#KWP-03-5
Page 2 of 3
Schools: This property is within the boundaries of School District #5, Kalispell. The
project is commercial in nature and will not generate school children. No additional
impacts to the district can be anticipated as a result of this subdivision.
Parks: Parkland dedication is not required for commercial subdivisions. Because
the project is not residential in nature it will have no impact on existing park
services or facilities other than through the direct payment of property taxes to the
City general fund.
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 and the potential additional commercial establishment
will be required to be built according to current development and building codes and
should not unduly 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 an urban area of Kalispell on a reclaimed gravel pit. This
subdivision will have no effect on agricultural activities in the Valley.
G. Compliance with the Kalispell Subdivision Regulations
This subdivision complies with the Kalispell Subdivision Regulations. Preliminary
plat was waived because it meets the waiver criteria provided for under Section 2.06
of the regulations which include the following: (1) the plat contains five or fewer lots,
(2) there is no public dedication of streets or public or private parkland, (3) all lots
have legal and physical access conforming to these regulations, (4) each lot has a
suitable building site and there are no environmental hazards present, (5) municipal
water and sewer are adequate and in place, (6) the subdivision complies with these
regulations and zoning regulations, (7) there is no significant effects anticipated on
agriculture and agricultural water user facilities, local services, the natural
environmental wildlife and wildlife habitat and the public health and safety. This
subdivision is in substantial compliance with the Kalispell Subdivision Regulations.
H. Compliance with the Kalispell Zoning Ordinance: This subdivision exceeds the
minimum lot size and lot width requirements of the B-2 zoning district and any new
construction will be required to comply with the terms of the Mountain Plaza PUD.
The subdivision complies with the zoning for the property.
RECOMMENDATION
Staff recommends that the Kalispell City Council adopt Staff Report #KWP-03-5 as
findings -of -fact for the proposed subdivision and approve the final plat.
Staff. TRJ
#KWP-03-5
Page 3 of 3
Thomas, Dean &Hoskins, Inc.
Engineering Consultants�t 1zr
July 28, 2003
RECEIVED
Tom Jentz
Tri-City Planning Office
Ford Bldg, 17-2nd St. E., Ste 211
Kalispell, MT 59901
Re: Home Depot Subdivision #1
Dear Tom:
Attached is the completed application package for the final plat of the above -mentioned project.
The following documents are included:
♦
Signed application
♦
Review fee $530
♦
Current title report
♦
MDEQ approval
♦
Certification of taxes paid
♦
Conditions letter
♦
Two (2) mylars (24x36)
♦
Hard copy (l 1x17)
♦
Four (4) hard copies (24x36)
Please contact us if you have any questions
Sincerely,
THOMAS, DEAN HO INC.
Douglas J Kauffman
DJK:rm
K02-077
Encl: referenced above
Cc: Blair Warehime
Lisa Schreiber
Neile A. Neider
J:\2002\K02-077\K02-077-001 Home Depot 1 Lot Subdivision\word\July.28.03.3entz.ltr.doc
690 North Meridian, Suite 101 - Kalispell, MT 59901 ® (406) 752-5246 ® FAX (406) 752-5230
RE: Conditions Letter
1. Plat is in substantial conformance with preliminary plat as discussed at sketch plat
meeting
2. Terms and conditions of MVP — PUD Agreement and Zoning are met
3. See attached
4. Preliminary plat was waived July 10, 2002.
J:\2002\K02-077\K02-077-001 Home Depot 1 Lot Subdivision\word\conditions letter.doc
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: Home Depot Subdivision #1
Contact Person:
Name: Michael W. Fraser P.E.
Address: 690 N. Meridian, Ste. 101
Kalispell, MT 59901 _
Phone No.: 406-752-5246
Date of Preliminary Plat Approval: Waived - July 10 2002
Owner & Mailing Address:
Home Depot, USA, Inc.
_Property Tax Dept. #3105
P. 0. Box 105842
Atlanta GA 30348 - 5842
Type of Subdivision: Residential Industrial Commercial X PUD X Other
No. of Lots Proposed 1 Parkland (acres) N/A
Land in Project (ac.) 0.952 Cash -in -Lieu N/A
Exempt X
FILLING FEE ATTACHED $ 530
Minor Subdivision with approved preliminary plat $300 + $30/lot
Major Subdivision with approved preliminary plat $500 + $30/lot
Subdivisions with Waiver of Preliminary Plat $500 + $30/lot
Subdivision Improvements Agreement $ 50
Not
Attached Applicable (MUST CHECK ONE)
X Health Department Certification (Original)
X Title Report (Original, not more than 90 days old)
X Tax Certification (Property taxes must be paid)1)
X Consent(s) to Plat (Originals and notarized)
X Subdivision Improvements Agreement (Attach collateral)
X Parkland Cash -in -Lieu (Check attached)
X Maintenance Agreement
X Plats: 1 opaque OR 2 Mylars
1 Mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration 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.
HOME DEPOT U.S.A., INC., a Delaware corporation
Own s Signature Date
Erika . Strawn, Corporate Counsel
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
As approved by the TCPB, Effective 5/ 1/03
9
Tri-City Planning Office
17 Second Street East -Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity*centurytel.net
July 10, 2002
Michael W. Fraser, P.E.
Thomas, Dean &. Hoskins
690 North Meridian Rd., Suite 101
Kalispell, MT 59901
Re: Waiver of Preliminary Plat Approval - Home Depot
Dear Mike:
This letter is in response to your request for waiver of preliminary plat approval for a
one lot commercial subdivision located in the Mountain View Plaza Development on
property owned by Home Depot. The property is located at the southeast comer of
Hwy 93 and West Reserve Drive in Kalispell. The proposed lot would be approximately
30,000 square feet in size and located near the southwest comer of the Home Depot
parcel. The creation of this lot would displace approximately 25 parking spaces which
would not reduce the needed parking for the Home Depot site. The property can be
described as a portion of Assessors Tract 3D in Section 31, Township 29 North, Range
21 West, Flathead County, Montana.
Our office can find that the proposed subdivision meets the preliminary plat waiver
criteria as provided for under 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 the development of the site comply with the terms and conditions of the
Mountain View Plaza Planned Unit Development agreement and associated zoning.
3. That a certificate of subdivision approval be obtained from the Montana Department
of Environmental Quality.
Providing Community Planning Assistance To:
City of Columbia Falls - City of Kalispell • City of Whitefish
MontanaDepartment of
IV
JUNVM0NMFMTALQUAIJTY Governor
P.O. Sax 200901 • Helena, NIT 59620-0901 • (406) 444-2544 ® www.deiq.state.mt.us
March 10, 2003
Thomas, Dean & Hoskins Inc
Douglas J Kauffman
690 N Meridian Suite 101
Kalispell MT 59901
Dear Mr Kauffman:
RE: Home Depot Subdivision #1
Municipal Facilities Exclusion
EQ#03-2229
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 and ARM 17.36.602. Under 76-4-124, MCA, this
subdivision is not subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 176-4-111 (3), MCA}. Construction of water or sewer extensions prior to
approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4.
Sincerely,
Janet Skaarland
Compliance Specialist
Subdivision Section
Water Protection Bureau
(406) 444-1801 —email jskaarland@state.mt.us
cc: City Engineer,
County Sanitarian
file
Centralized Services Division • Enforcement Division • Permitting & Compliance Division ® Planning, Prevention & Assistance Division » Remediation Division
PLAT ROOM
FLATHEAD COUNTY, MONTANA
800 SOUTH MAIN
KALISPELL, MT 59901
(406) 758-5510
THIS FORM IS FOR SUBDIVISIONS AND CONDOMINIUMS ONLY
BY: TZ)
FOR: #Omz, zl�-Po a S/19 UA1L<--11 DATE:
DESCP: c)7L PURPOSE: 0
YEARS
ASSESSOR #
1993 THRU
AND TO DATI
I hereby certify that there are no outstanding taxes on the property assigned
the assessor numbers listed above for the nears indicated for each assessor
number.
DEPUTY T"URER
SEAL
JUN 10 2003
iR: HOME DEPOT U.S.A., INC.
3Y: THOMAS, DEAN AND HOSVJNS, INC. PLAT O F
690 NORTH MERiDtAN SUt T E #101
KALISPELL. MT. 59901 IE 752-5246
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H Form No. 1282 (Rev. 12/15/95)
FILE NO.: CT-74741
CT-74741 FEE: $125.00
H 329617
SUBDIVISION OR PROPOSED SUBDIVISION: Home Depot Subdivision #1
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, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION,
HEREIN CALLED THE COMPANY GUARANTEES:
Thomas, Dean and Hoskins, Inc.
FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00.
THAT according to those public records which, under the recording laws of the
State of Montana, impart constructive notice of matters affecting the title to
the lands described as follows:
A tract of land located in the Northwest Quarter of the Northwest Quarter of
Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County,
Montana, being more particularly described as follows:
Commencing at the Southwest corner of Parcel 1 of Certificate of Survey No.
14680, records of Flathead County, and the Point of Beginning; thence
North a distance of 236.65 feet, along the West boundary of said Parcel 1;
thence
East a distance of 175.32 feet; thence
South, a distance of 236.65 feet, to a point on the South boundary of said
Parcel 1; thence
West along said South boundary a distance of 175.32 feet to the Point of
Beginning.
THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS:
Home Depot Subdivision #1
(1) Parties having record title interest in said lands whose signatures are
necessary under the requirements of Flathead County Subdivision Regulations
on the certificates consenting to the recordation of Plats and offering for
dedication any streets, roads, avenues and other easements offered for
dedication dedication by said Plat are:
Home Depot U.S.A., Inc., a Delaware corporation
Continued...
FILE NO.: CT-74741
Page 2
H 329617
(2) Parties holding liens or encumbrances on the title to said lands are:
1. General and special county taxes for the year 2003, a lien not yet payable.
NOTE: General and special county taxes for 2002 and all prior years have been
paid in full.
(3) Easements, claims of easements and restrictions agreement of record are:
1. Easement for a gas pipeline granted to The Montana Power Company recorded
September 6, 1988, as Doc. No. 88-250-11360, records of Flathead County,
Montana.
2. Easement for electric transmission and distribution line granted to Pacific
Power and Light Company, recorded March 12, 1976, in Book 594, Page 286, as
Doc. No. 2360, records of Flathead County, Montana.
3. Resolution No. 790 K executed by the Flathead County Board of Commissioners
for commercial, recorded August 18, 1998, as Doc. No. 1998-230-08210, records
of Flathead County, Montana. (For informational purposes only)
4. Terms and condtions of Resolution No. 4476, recorded July 21, 1999, as
Doc. No. 1999-202-08020, records of Flathead County, Montana.
5. Easement for private roads and utilities on Certificate of Survey No.
13919.
6. Private Road and utility easements as disclosed on Certificate of Survey
No. 14680, recorded June 14, 2001, as Doc. No. 2001-165-15210, records of
Flathead County, Montana.
7. Restated Restriction Agreement And Grant Of Easements upon the terms,
conditions and provisions contained therein:
DATED April 16, 2002
PARTIES Home Depot U.S.A., Inc. and Target Corporation
RECORDED: April 19, 2002, as Doc. No. 2002-109-16040,
records of Flathead County, Montana.
First Amendment to Restated Restriction Agreement and Grant of Easement by
and between Mountain View LP, Home Depot U.S.A., Inc. and Target Corporation,
recorded November 26, 2002, as Doc. No. 2002-330-08390, records of Flathead
County, Montana.
Continued...
FILE NO.: CT-74741
Page 3
H 329617
8. Terms and Conditions contained in Planned Unit Development Agreement for
Mountain View Plaza recorded June 14, 2001 as Doc. No. 2001-165-15150, records
of Flathead County, Montana.
Amended Planned Unit Development, Crosswell Development LLC, - recorded
March 4, 2003, as Doc. No. 2003-063-09510, records of Flathead County,
Montana.
9. Memorandum of Development Agreement upon the terms, conditions and
provisions contained therein:
PARTIES : Mountain View L.P. and Home Depot U.S.A., Inc.
RECORDED: June 14, 2001, as Doc. No. 2001-165-15240,
records of Flathead County, Montana.
10. The above described property lies within and subject to the jurisdiction
of the City of Kalispell Fire District.
DATED: July 8, 2003 at 8:00 A.M.
STATE OF MONTANA
)ss.
COUNTY OF Flathead )
t4 -DL
On thisEE�Tday of-, 3L-:-( , 2003 before me, a notary public in and for
said State, personally appeared Q- known to me to be
the person(s) whose name(s) are subscribed to the within instrument and
acknowledged to me that -he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official notary
seal the day and year in this certtificate first above written.
I W. GtGRICH
NOTARY PUBLIC-MONTANA
IAL4e
SEAL
Residing at Kalispell, MontaN
My Comm. Dpkes J* 25, 2006
THE
Notary'Public for State of Montana