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2. Resolution 4772 - Final Plat - Three Mile Drive Corner SubdivisionTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT: Final Plat Approval for Three Mile Drive Corner Subdivision MEETING DATE; February 18, 2003 BACKGROUND: This is a two lot which creates one additional lot to the north on property located at the northwest comer of Three Mile Drive and Meridian Road. There is an existing house on the lot that will be created to the south that will be maintained as a residence. This property was the subject of a zone change from R-3, Residential, to R-5, Residential / Office in September of 2002 under the name Duefler. The new property owner, Jon Cuthbertson, was the buyer of the property and intendeds to develop the lot to the north with a profession office where he will operate his business, Montana Environmental Lab. This property will be impacted by the reconstruction of Meridian Road and the needed right-of-way has been acquired by the State. The property boundaries indicated on the final plat reflect the right-of-way acquired by the State and note the deed number. Water will be provided to the lots by a private well located on the property until such time as the Northern Lights water main extension project has been completed that will complete the water loop in this area. This will bring City water close enough to the property to made a connection fairly easy. A note has been placed on the face of the plat that "At the time municipal water is available to the property, the use of the existing well will be abandoned and connection to City water will be made." A new driveway will be developed at the northern end of the property that will provide access to the site. The driveway location has been reviewed and approved by the Meridian Road project engineer and the City of Kalispell Public Works Department to ensure that its location will not interfere with vehicle stacking at the intersection of Three Mile Drive and Meridian Road once the new signal is in place. The Tri-City Planning Office waived the preliminary plat this subdivision on October 4, 2002 conditions 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 six conditions. Findings of fact for are found in attached staff report KWP-03-3 which review the conditions of approval and a how they have been met. Providing Community Planning Assistance To: • City of Kalispell - City of Whitefish - City of Columbia Falls Final Plat for Three Mile Drive Corner Subdivision February 12, 2003 Page 2 RECOMMENDATION: Approval of the resolution approving the subdivision and adopting the staff report as findings of fact would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted . ' = Narda A. Wilson Senior Planner Potentially minor positive effects. As suggested by the city council. Report compiled: February 12, 2003 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager attachments: Transmittal letter and application Staff report KWP-03-3 Plats H: \REPORTS\... \KW P03-3.DOC Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 February 12, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval for Three Mile Drive Corner Subdivision Dear Chris: Our office has received an application from Larsen Engineering and Surveying on behalf of JC Family Partners LLC for a two lot subdivision that creates on addition lot to the north of an existing dwelling. The property contains approximately 1.63 acres and is being subdivided for the purpose of placing a professional office on the newly created lot to the north. The existing dwelling would continue to be used as a residence. Both lots would be using an existing on -site well until such time as City water becomes available to the site with the Northern Lights water main extension and loop anticipate to be completed this year. The property is located on the northwest corner of Three Mile Drive and North Meridian Road. The property was rezoned from R-3, Residential to R-5, Residential / Professional Office in September of 2002 for the purpose of doing this subdivision and constructing a professional office on the newly created lot to the north. The property can be described as a portion of Lot 20, Block 1, Northwest Tracts located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Our office waived the preliminary plat on October 4, 2002 subject to six 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. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Final Plat for Three Mile Drive Corner Subdivision February 12, 2003 Page 2 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-03-3 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. • This condition has been met. The lots in the subdivision comply with the preliminary plat that was waived. Condition No. 2. That a letter be obtained from the Kalispell Public Works Department and consulting engineering Peccia and Associates for the creation of the new access onto North Meridian Road which will serve the newly created lot. • This condition has been met. A letter from Robert Peccia and Associates dated September 4, 2002 approving the approach in coordination with the City of Kalispell has been submitted with the Final plat. Condition No. 3. That the location of existing structures be indicated on the final plat and the setbacks for those structures comply with the R-5, Residential / Professional Office, zoning designation for the property. • This condition has been met. The existing structures are noted on the map and comply with the setbacks of the zoning district. Condition No. 4. That a Certificate of Subdivision Approval be obtained from the Department of Environmental Quality. • This condition has been met. MDEQ letter dated 12/17/02 certifying that the subdivision will be connected to municipal facilities has been submitted with the final plat. Condition No. 5. That a note be placed on the face of the final plat which states "At the time municipal water is available to the property, the use of the existing well will be abandoned and connection to City water will be made." • This condition has been met. The required note has been placed on the face of the final plat. Condition No. 6. This waiver of preliminary plat approval is valid for three years and shall expire on October 4, 2005. 2 Final Plat for Three Mile Drive Corner Subdivision February 12, 2003 Page 3 • 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 R-5, Residential / Professional Office 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-03-3 as findings of fact and approve the final plat for Three Mile Drive Corner subdivision. Please schedule this matter for the next regular city council of February 18, 2003. You may call me at (406) 751-1852 if you have any questions regarding this subdivision. Sincerely, 1 Narda A. Wilson, AICP Senior Planner NW/ Attachments: 1 opaque mylar 1 reproducible mylar 1 paper copy Staff Report KWP-03-3 Ltr from Larsen Eng and Surveying dated 1/31/03 Final plat application dated 1/31/03 Letter from TCPO for pre plat waiver dated 10/4/02 DEQ approval #E.Q. #03-1850 dated 12/ 17/03 Ltr from Peccia and Assoc dated 9/4/02 Treasurers Certification dated 1/30/03 3 Final Plat for Three Mile Drive Corner Subdivision February 12, 2003 Page 4 Title Report from Sterling Title dated 1/29/03 Location Map Map showing location of lots C: JC Family Partners, LLP, 115 Buffalo Stage, Kalispell, MT 59901 Larsen Engineering, P.O. Box 2071, Kalispell, MT 59903 Theresa White, Kalispell City Clerk REPORTS \KALISPELL\03 \ KWP3-03TR.DOC THREE MILE DRIVE CORNER SUBDIVISION TRI-CITY PLANNING OFFICE STAFF REPORT KWP-03-3 REVIEW AND FINDINGS OF FACT FEBRUARY 12, 2003 A report to the Kalispell City Council for findings of fact for a two lot subdivision. Preliminary plat approval for this minor subdivision was waived on October 4, 2002, subject to six conditions. BACKGROUND: This is a two lot subdivision that will create an additional lot to the north of the existing single family residence. The existing residence will be maintained and the newly created lot will be developed with a professional office. A. Applicant: JC Family Partners, LLP 115 Buffalo Stage Kalispell, MT 59901 (406) 755-2131 Technical Assistance: Jeff H. Larsen, P.E. P.O. Box 2071 Kalispell, MT 59903 (406) 752-7808 B. Location: The property is located on the northwest corner of Three Mile Drive and Meridian Road. The property address for the residence is 25 Three Mile Drive. The parcels contain approximately 1.63 acres and can be described as a portion of Lot 20, Block 1, Northwest Tracts located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Size: Total area: 1.63 acres (71,002 square feet) Lot 1: 0.75 acre (32,670 square feet) Lot 2: 0.88 acre (38,333 square feet) D. Existing and Adjacent Land Uses: There is a single family dwelling located at the south end of the parcel. The property to the north will be newly a newly created lot which is undeveloped. The existing uses in the immediate area are a mix of professional offices, general commercial, light industrial and residential. UPS is directly across the street, medical offices to the south, residences to the west and a mini -mart to the southeast. E. Zoning: The property was the subject of a recent zone change that was granted this fall rezoning the property from R-3, Residential, to R-5, Residential / Professional Office for the purpose of subdividing this property and placing a professional office on the newly created lot to the north. The R-5 zone is intended to accommodate professional offices where a more intensive business activity of a retail nature is not desirable. The district is intended to provide a buffer between residential and commercial area and typically would be located along an arterial roadway. The minimum lot size requirement for the R-5 zone is 7,000 square feet and the minimum lot width requirement is 70 feet. F. Relation to Master Plan Map: The property is in the North Meridian Neighborhood Plan area on the Kalispell City County Master Plan and is designated as High Density Residential. The Kalispell Growth Policy 2020 soon to be adopted designates this area as mixed use. The proposed use and the R-5 zoning designation comply with these designations. G. Utilities: Water and Sewer: Electricity: Telephone: School: Police: Fire Protection: City of Kalispell Flathead Electric Coop CenturyTel 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 the significantly impact the service provided by the district. A fire hydrant is to the east of this property across North Meridian Road at the intersection of Three Mile Drive and North Meridian Road. Vegetation and topography: The property is relatively flat and has historically been used for residential purposes. B. Effects on Wildlife and Wildlife Habitat: The subdivision does not provide habitat to significant 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 existing dwelling once the other lot in this subdivision is proposed for development. Two additional connections to the City system is anticipated. No a significant impacts are anticipated to the City with regard to water and sewer services as a result of the creation this subdivision. Roads: Access to the single family residence currently located on the property is provided from an existing driveway off of Three Mile Drive that will be retained after the reconstruction of this intersection. Some minor improvements to the existing driveway on Three Mile Drive may be anticipated as a result of the reconstruction. A new approach off of North meridian Road will be developed in conjunction with the development of this site. The location of the driveway was coordinated with the engineering consultant for the North Meridian Road project and the City of Kalispell to ensure that the location would not interfere with stacking at the intersection of Three Mile Drive and North Meridian Road once the new signal there is put in place. The driveway will be located at the northernmost corner of the property and has been reviewed and approved. Schools: This property is within the boundaries of School District #5, Kalispell. No additional impacts to the district can be anticipated as a result of this subdivision because it is commercial in nature. Parks: Parkland dedication is not required for commercial or 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 an urban area of Kalispell and the area has been developed to an urban density. This property will be used for residential and commercial purposes and is not large enough to be used for agricultural purpose. This subdivision will have not 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 3 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 R-5 zoning district and the existing dwelling exceeds the setbacks requirements as well. The subdivision complies with the zoning for the property. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-03-3 as findings -of -fact for the proposed subdivision and approve the final plat. REPORTS\2003\KALSPELL\KWP03-3 T.ARSEN ENGINEERING & SURVEYING, INC.,P.C. 780 Two Mile Drive P.O. Box 2071 Kalispell, MT 59903-2071 Attn: Narda Wilson Tri-City Planning Office 17 Second Street East Kalispell, MT 59901 Re: Three Mile Drive Corner Subdivision. Tele (406) 752-7808 Fax (406) 257-4051 E-mail: jlarsen@centurytel.net RECEIVED JAN 31 2003 TRI-CITY PLANNING OFFICE 1/31/03 Dear Narda: r the Attaois ishan Final Plat item by item listing of ow each lication and required Lion of approvalawas handled:bove referenced project. ents fo Following 1. The plat is in substantial compliance with what was proposed for waiver. 2. A copy of the letter is attached for the approach location under Robert Peccia & Associates, the Consulting Engineers on the project. 3. The existing buildings on the property are shown on the Final Plat. Based on my review of the required setbacks, all of the buildings meet the setback requirements, 4. Attached is the original approval letter from D.E.Q. 5. The required note has been placed on the face of the Final Plat. 6. No comment. If you have any questions, please call me at 752-7808. Very truly yours, P.E., P.L.S. 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 N Contact Person: Name: veld i �uF pry_ Address:P.i. 2x 'L`;'»i) MT �1910t _ Phone No.:�tZ_ &01� Owner & Mailing Address: L o1 Date of Preliminary Plat Approval: l A 1( )YV ( �=J i Ll t &— Type of Subdivision: Residential Industrial _Commercial PUD Other No. of Lots Proposed Z Parkland (acres) Land in Project (ac.) I LP� Cash -in -Lieu $ / Exempt FILLING FEE ATTACHED $�l� Minor Subdivision with approved preliminary plat $250 + $25/lot Major Subdivision with approved preliminary plat $500 + $25/lot Subdivisions with Waiver of Preliminary Plat $450 + $25/lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (MUST CHECK ONE) t/ Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid)l) Consent(s) to Plat (Originals and notarized) —� Subdivision Improvements Agreement (Attach collateral) ✓ Parkland Cash -in -Lieu (Check attached) ✓ Maintenance Agreement 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 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. iw aL— -N43 O er(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 comer or a corner of the public land survey system As approved by the CAB on 4/5/00 Effective 6/ 1/00 K Oct 08 02 09:11a M.E. LAB 406-257-5359 p.2 Tiri-City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 October 4, 2002 Jon Cuthbertson Montana Environmental Laboratory 215 West Montana Street Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity*enturytel.net Re: Waiver of Preliminary Plat Approval - 25 Three Mile Drive, Kalispell Dear Mr. Cuthbertson: This letter is in response to your request for waiver of preliminary plat approval a two lot subdivision on the northwest corner of Three Mile Drive and North Meridian Road located at 25 Three Mile Drive. It is noted that the North Meridian Road right-of-way needed for its upgrade has already been acquired near the southeast corner of the property and no additional dedication of right-of-way is required. The property can be described as a portion of Lot 20, Block 1, Northwest Tracts in Section 1, Township 28 North, Range 22 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 (or will be) 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. �c9'Q r-ftaa Poe.. Oes. oq-r . 2. That a letter be obtained from the Kalispell Public Works Department and the consulting 101-1b1 engineer Neil Consultants for the location of the new access onto North Meridian Road /T with will serve the newly created lot. 3. That the Iocation of existing structures be indicated on the final plat and the setbacks for those structures comply with the R-5, Residential / Professional Office, zoning designation for the property. 4. 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 - Oct 08 02 09:12a M.E. LRB 406-257-5359 P.3 Waiver of Preliminary Plat Jon Cuthbertson October 4, 2002 Page 2 S. That a note be placed on the face of the final plat which states `At the time municipal water is available to the property, the use of the existing well will be abandoned and connection to City water will be made.' 6. This waiver of preliminary plat approval is valid for three years and will expire on October 4, 2005. 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, k� Thomas R. Jentz Planning Director LETTERS\WAIVEPP\02\CUTH13ERTSON.DOC Montana Department of � NVM0NI(EWA . 4 P.O. Box 200901 Larsen Engineering & Surveying Jeff H Larsen PE PLS PO Box 2071 Kalispell MT 59901 Dear Mr Larsen: Helena, MT 59620-0901 • (406) 444-2544 Decemberl7, 2002 Judy Martz, Governor www.deq.state.mt.us RE: Three Mile Drive Comer Municipal Facilities Exclusion EQ#03-1850 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. This file has been mailed to the Water Protection Bureau, Kalispell Office for their review 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 • Enforcemera Division - Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division Oct 08 02 OS:12a M.E. LAB 406-257-535S p.4 Robert Peccio & Associates Civil Transportation Environmental Engineers P.O. Box 5653 825 Custer Avenue Helena, MT 59604 (A06) 447-5000 FAX (406) 447-5036 e .rpa-hlnxonn September 4, 2002 Jon Cuthbertson, Director Montana Environmental Lab 215 West Montana Street P.O. Box 8900 Kalispell, MT 59904 Subject: Meridian Road New Approach Dear.Jon, The City of Kalispell has approved the addition of a new approach to the Meridian Road project per your request. Therefore, we will revise the plans to show a new 24 foot wide approach on the left at Sta. 23+00, The center lane of Meridian Road in this area will be a continuous 2-way left turn lane, and yes, your customers will be able to use it to turn left. It looks like it will still be a year or so until Meridian Road is let to contract. Please let me know if you have any further questions. Sincerely, ROBERT PECCIA AND �ASSOCIATES b • pr�,g�� Gordon L. Larson, P.E. r M S 7 anager, treets and Highways Division Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-551 0 This Form is for Subdivisions & Condominiums Only BY: Loner 1--0R: � C. Fcl m; I �� 1.G107 DATE 12" "UZ fSCP: ° cN PURPOSE_ D. T}) ree YYti Le ri �� cy 1� (E 23V DES= E x A L ZD Norkh I ).k5+ TK I -z a- zz) YEARS ASSESSOR 11 1903 THRU-2o0_Z-- 0-71y9c)o & TO DA 1-f. I hereby certify that there are no nutstanding taxes nn the properly assigned the assessor numbers listed above, for the years i"diclied (or Lath assessor number. Dr.puty treasurer (Seal) JAN 2003 14 27 NC IWE i :— -- 15 R26 BLK 16 25 i 17 24 8 2321 �_ 9 PACIFIC F t 22 & 'IGHT � 1 24l' U L rupun - j j 21 20 I I I R-5 24; 231 22 21, 20j19 118 i 17 I ROSEWOOD l'♦ 1 B- 26l 1' 21 31 4' " 1B 5 1 251 24f 23 �,.� 7 B� 14 1 13 GLENWOOD ' BK 2� 8 12' 111 12� 1311 19 '9 --i 101 I 18 I 10 _ - g 2 17' 11 _10 - -- 3 16 12 9 5 i._- 7 6' 5' —4 .1 I--R-5- HAIL-%0 DD S �t `& HALL ADD.P, 2 82 7J B I� 71 BERT,S 1 I- kDD IBM 6BF uI N F 6BK 6BR 6BS 6BSAT KAUSPEL_ No. 1 CLJ N w� VICINITY MAP ROY, MICHAELI & AMANDA DEULFER ZONE CHANGE REQUEST FROM R-3, SINGLE FAMILY RESIDENTIAL TO B-2, GENERAL BUSINESS CITY OF KALISPELL ZONING JURISDICTION PLOT DATE: duly 17 2002 FILE# KZC-02-2 SCALE 1" = 250' H:\gis\site\kzc02-2.dng �1 Lori �� an AM (A" ) q5 iJ4m 110.92) 29.98 S LO7 //nR AArras moss) / ( ae4 acs (NM EwsnNc sHoc ( EXISnNG HOUSE EAMOIT for wm mu um� 1 ( ^� s W47'31'w io.o2 2OLM Sr 19294 (DEED 20003io`t c o! C) --4 — S 99'IY31' w 39.37 3 9.37 39.32" (THREE flf - H 99.4rn- F DRN� 51/4 CIXWEA. R.R. 7W P8 anS 5716, 39.37 NWT MW of lFZ� 3®a 1 S 12 7 :ouzo I cw. i;z, TCi LOWER I N.o.c.r. zwwNw :W. GUARANTEE $� AMER, FirstAmerican Title Insurance Company PV ( __ `Ja t- inn Signatoni s H 329595 Forth No. 1282 (Rev. 12/15185) FILE NO.: CT-73457 CT-73457 FEE: $125.00 H 329595 SUBDIVISION OR PROPOSED SUBDIVISION: Three Mile Drive Corner 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: Jon Cuthbertson 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 portion of Lot 20, Block I of Northwest Tracts, according to the plat thereof on file in the office of the Flathead County Clerk and Recorder and situate, lying and being in the SE1/4 of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana and more particularly described as follows: Commencing at the Southeast corner of said Section 1; thence North 22'13'06" West, 70.32 feet to the True Point of Beginning of the tract of land being described, said point is the intersection of the North right of way of Three Mile Drive and the West right of way of Meridian Road; thence South 51'19'09" West, 41.52 feet along said North right of way; thence South 89'47'31" West, 202.96 feet along said North right of way to the West boundary of Parcel 1 of Certificate of Survey No. 13196; thence leaving said North right of way, North 03'02'00" East, 305.61 feet to the Northwest corner of said Parcel 1; thence North 89'47'31" East, 234.00 feet to the Northeast corner of said Parcel 1; thence South 03'02'00" West 279.74 feet to the Point of Beginning. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS: Three Mile Drive Corner Continued... FILE NO.: CT-73457 Page 2 H 329595 (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: JC Family Partners LLP (2) Parties holding liens or encumbrances on the title to said lands are 1. General and special county and city taxes for the year 2003, a lien not yet payable. 2. General and special county and city taxes for the second half of 2002, are not paid-. NOTE: General and special county and city taxes for the first half of 2002 and all prior years have been paid in full. (3) Easements, claims of easements and restrictions agreement of record are: 1. Possible easement created by documents recorded September 24, 1945, in Book 261, Page 538 and February 24, 1953, in Book 341, Page 290, as Doc. No. 1034, records of Flathead County, Montana. 2. Utility easement as shown on the preliminary Plat of Three Mile Drive Corner. 3. Utility easement as described on the preliminary Plat of Three Mile Drive Corner. 4. Subdivision Plat Notes as described on the preliminary Plat of Three Mile Drive Corner. 5. Resolution No. 3877 executed by the City of Kalispell for including therein, as an annexation, certain real property to be known as Northwest Tracts Addition No. 234 recorded June 9, 1989 as Doc. No. 89-160-00430, records of Flathead County, Montana, Amendment recorded September 6, 2001, as Doc. No. 2001-249-10370, records of Flathead County, Montana. 6. Resolution No. 1055A executed by Board of County Commissioners, Flathead County, Montana for an amendment to the Kalispell City -County Master Plan by adding the North Meridian Neighborhood Plan as an addendum to the Kalispell City -County Master Plan, recorded January 3, 1995, as Doc. No. 95-003-14250, records of Flathead County, Montana. Continued... FILE NO.: CT-73457 Page 3 H 329595 7. County road rights -of -way not recorded and indexed as a conveyance in the office of the Clerk and Recorder pursuant to title 70, chapter 21, M.C.A. 8. The above described property is located within and subject to the jurisdiction of the Kalispell Fire District. NOTE: No mineral search has been done on the subject property and this policy does not insure minerals or title to minerals; however, the following instruments have been found during the course of our title examination: 50% of all minerals, oil and gas in or under herein described land, as reserved by The Federal Land Bank of Spokane, a corporation by instrument recorded September-24, 1945, in Book 261, Page 538, records of Flathead County, Montana, and all of the mineral rights by M.A. Wuebbenherst and Alvina Wuebbenherst in Warranty Deed recorded February 24, 1953, in Book 341, Page 290, as Doc. No. 1034, records of Flathead County, Montana. DATED: January 29, 2003 at 8:00 A.M. STATE OF MONTANA ) )ss. COUNTY OF Flathead ) ffivind On this day of --bnuccu4 2003 before me, a notary public in and for said State, personally appeared O MI -fl-LI 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. j- Notary ub is for State of Montana THE END�.A.. . .l s 'fRACYJ.MARIIN NPMU �*NOTARIAL*@ SEAL RN*Q61 a6aPd.MMWN MyCama. ExphsAu6. 16, 2068