3. Resolution 4812 - Final Plat - Chappelle SubdivisionTri-City Planning Office
17 Second Street East— Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity(a-)centu rVtel. net
www.tricitypianning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT: Final Plat Approval for Chappelle Subdivision
MEETING DATE; July 21, 2003
BACKGROUND: This is a subdivision that creates four sublots intended for duplex
townhouse development for a total of four new dwellings. The property is located on the
south end of College Avenue and lies on the west side of the street. The property is
zoned RA-1 Low Density Residential Apartment zone which allows single family and
duplex dwellings as a permitted use and multi -family dwellings as a conditionally
permitted use. The lots comply with the minimum lot size requirements of the zoning
district. All municipal services are available within the existing right of way 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 May 16,
2003 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-03-4 which review the
conditions of approval and a how they have been met.
RECOMMENDATION: A motion to adopt the findings of fact in the staff report 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
Na'rda A. lson Chris A. Kukulski
Senior Planner City Manager
Providing Community Planning Assistance To:
• City of Kalispell - City of Whitefish - City of Columbia Falls
Final Plat for Chappelle Subdivision
July 15, 2003
Page 2
Report compiled: July 15, 2003
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter and application
Staff report #KWP-03-4
Plats
H: \REPORTS\... \KWP03-4MEM
IN
RESOLUTION NO.4812
A RESOLUTION APPROVING THE FINAL PLAT OF CHAPELLE SUBDIVISION,
DESCRIBED AS LOT IA OF THE AMENDED PLAT OF LOTS 1 AND 2 OF BLOCK 1,
WILLIS ADDITION TO KALISPELL IN THE NW4 OF SECTION 17, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Larsen Engineering and Surveying, on behalf of Mission Northwest Developers, 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 May 16, 2003, by
the Tri-City Planning Office according to Section 2.06 of the Kalispell Subdivision
Regulations subject to four (4) 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-03-4) 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.
101♦ •• • ♦ • C-• . -. ACIL - OF A - i OF
KALISPELL,• . AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Tri City Planning Office Report
#KWP-03-4 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Larsen Engineering and Surveying, on behalf of
Mission Northwest, for final plat approval of Lot IA of the amended plat of
Lots 1 and 2 of Block 1, Willis Addition to Kalispell in the NW4 of Section
17, Flathead County, Montana, is hereby approved.
SECTION III. The classification of said premises under the Kalispell Interim 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 OF THE CITY OF KALISPELL AND
SIGNED BY THE MAYOR THIS 21 ST DAY OF JULY, 2003.
�w
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity(¢urytel.net
www.tricityplanning-mt.com
July 15, 2003
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
RE: Final Plat Approval for Chappelle Subdivision
Dear Chris:
Our office has received an application from Larsen Engineering and Surveying on behalf
of Mission Northwest Developers for a subdivision that creates four sub lots intended
for duplex townhouse development. The property contains approximately .54 acres
and is located on the south end of College Avenue on the west side of the street. The
property is presently zoned RA-1 Low Density Residential Apartment. The proposed
subdivision can be described as Lot IA of the amended plat of Lots I and 2 of Block 1,
Willis Addition to Kalispell in the NW4 of Section 17, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana.
Our office waived the preliminary plat on May 16, 2003 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.
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls •
Final Plat for Chappelle Subdivision
July 15, 2003
Page 2
The Kalispell City Council will need to adopt findings of fact for approval found in
attached staff report KWP-03-4 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.
• This condition has been met. The lots in the subdivision comply 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 to upgrade College Avenue.
• This condition has been met. The required note is located on the face of the final
plat.
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 6/2/2003 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 May 16, 2006.
• 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.
2
Final Plat for Chappelle Subdivision
July 15, 2003
Page 3
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision has been found to be in compliance with the Kalispell Zoning
Ordinance and the RA-1 Low Density Residential Apartment zoning designation
assigned to the property.
11-14DWONAMWIDY"y C93M
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-03-4 as findings of fact and approve the final plat for Chappelle Subdivision.
Please schedule this matter for the next regular City Council of July 21, 2003. You
may call me at (406) 751-1851 if you have any questions regarding this subdivision.
Sincerely,
Narda A. tilson, AICP
Senior Planner
M
Attachments: 1 opaque mylar
I reproducible mylar
1 paper copy
Staff Report #KWP-03-4
Letter from Larsen Eng and Surveying dated 6/18/2003
Final plat application dated 6/18/2003
Letter from TCPO for pre -plat waiver dated 5 / 16 / 03
DEQ approval #E.Q. #03-2659 dated 6/2/03
Treasurers Certification dated 6/12/03
Title Report from Chicago Title dated 6/11/03
Map showing location of lots
c: Mission Northwest Dev., PO Box 1858, Missoula, MT 59806
Larsen Engineering, P.O. Box 2071, Kalispell, MT 59903
Theresa White, Kalispell City Clerk
REPORTS \KALISPELL\03 \KWP3-04LTR
CHAPPELLE SUBDIVISION
TRI-CITY PLANNING OFFICE
STAFF REPORT #KW-03-4
REVIEW AND FINDINGS OF FACT
JULY 15, 2003
A report to the Kalispell City Council presenting findings -of -fact for a four lot
residential townhouse subdivision. Preliminary plat approval for this minor
subdivision was waived on May 16, 2003, subject to four conditions.
BACKGROUND: This subdivision will create four sub -lots intended two duplex
townhouses for a total of four dwelling units
A. Applicant: Mission Northwest Developers
PO Box 1858
Missoula, MT 59806
(406) 880-4663
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 southern end of College Avenue on the
west side of the street and contains approximately 23,600 square feet. The
applicants propose to develop two duplex townhouse lots. The parent lot would
contain 23,600 square feet while each duplex would sit on two sub lots measuring
6,160 and 5,520 square feet respectively. The proposed subdivision can be
described as Lot 1A of the amended plat of Lots I & 2 of Block 1, Willis Addition
to Kalispell in the NW4 of Section 17, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana.
C. Size:
Total area: .54 acres (22,750 square feet)
130 feet wide by 175 feet deep
D. Existing and Adjacent Land Uses: The property is currently vacant. The
property is surrounded by single-family residential development on the north,
south and east. Vacant land abuts the property to the west.
E Zoning: The property is zoned RA-1 Low -Density Residential Apartment with a
minimum lot size of 6,000 square feet. Duplexes are allowed as a permitted
use. The newly created lots comply with the existing zoning.
F. Relation to Growth Policy: The property is designated as High Density
Residential. The designation anticipates residential densities of 8 - 40 units
per acre and also anticipates attached and detached housing units. The
subdivision proposal complies with the growth policy for this area.
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 to significantly impact the services provided by the
department.
Vegetation and topography: The property is relatively flat. Historically the land
has been left to small timber and brush. Recently the site has been cleared of
all live vegetation in anticipation of residential construction.
Floodplain: The site is outside of a designated 100-year flood plain.
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 property. Four additional connections to the City system are anticipated.
No 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 existing site is via College Avenue. Traffic volumes
generated by the project are anticipated to be 40 trips per day which will not
significantly impact the road or neighborhood.
Schools: This property is within the boundaries of School District #S, Kalispell.
The project could be expected to generate two additional school age children.
No additional impacts to the district can be anticipated as a result of this
subdivision.
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 an urban area of Kalispell and the area has been
developed to an urban density. This property will be used for residential
purposes and is not large enough to be used for agricultural purposes. 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, (S) 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 RA-1 zoning district.
The subdivision complies with the zoning for the property.
I Z14 • J) I J)•
Staff recommends that the Kalispell City Council adopt Staff Report #KWP-03-4 as
findings -of -fact for the proposed subdivision and approve the final plat.
Staff. TRJ
REPORTS \2003 \KALSPELL\KWP03-4
4
LARSEN ENGINEERING & SURVEYING, INC.,P.C.
780 Two Mile Drive
P.O. Box 2071
Kalispell, MT 59903-2071
June 18 , 2003
Attn: Narda Wilson
Tri-City Planning Office
17 Second Street East -Suite 211
Kalispell, MT 59901
Re: Chappell Subdivision, Final Plat Submittal
Dear Narda:
Tele (406) •8
Fax (406) 257-4051
F-m2il - il2rsei (¢i)r�Ltel_net
Attached with this letter is the Final Plat application and required attachments for the above
referenced project. Following is an item by listing of how each condition of approval was
handled.
1. No comments.
2. Statements are on the Final Plat.
3. Copy attached.
4. No comments.
If you have any comments or questions, please call me at 752-7808.
Very truly your,
Ardis M. Larsen
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:
Contact Person:
Name: L _ 2 )
Address f 7
vvxii-1111U
/ C
Phone No.: _-
Date of Preliminary Plat Approval:
Owner & Mailing Address:
`'`' > - ?
4;
Type of Subdivision: Residential Industrial Commercial PUD Other
No. of Lots Proposed Z Parkland (acres)
Land in Project (ac.) Cash -in -Lieu $
Exempt
FILLING FEE ATTACHED $ cc',
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)
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)1)
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 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
s;ibmifted. 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 pla applications be accompanied with a digital copy.
s
4-1 1-
Date
**A digital copy of the-Tinal 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
2
Tri-City Planning Office
17 Second Street East -Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity*centurytel.net
May 16, 2003
Larsen Engineering and Surveying
P.O. Box 2071
Kalispell, MT 59903-2071
Re: Waiver of Preliminary Plat Approval - Amended Plat of Lot 1A, Willis Addition
Dear Jeff and Ardis:
This letter is in response to your request for waiver of preliminary plat approval on
behalf of your client Jeff Langan for a four lot residential subdivision. The subdivision
will create two parent tracts that are intended for duplex townhouse development
thereby creating a total of four sublots. The property is located at the south end of
College Avenue and contains approximately 23,800 square feet. Each of the sublots
will contain approximately 5,900 square feet. The property is zoned RA-1, a Low
Density Residential Apartment zoning district that has a minimum lot size
requirement of 6,000 square feet for duplexes or single family dwellings and a
minimum sublot requirement of 2,000 square feet. The property can be described as
the Amended Plat of Lot 1A, Willis Addition located in Section 17, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana.
Our office can find that the proposed subdivision meets the preliminary plat waiver
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.
Providing Community Planning Assistance To:
• City of Columbia Falls • City of Kalispell • City of Whitefish •
Waiver of Preliminary Plat - Amended Plat of Lot 1A, Willis Addition
May 16, 2003
Page 2
2. That a note be placed on the face of the final plat that waives protest to the creation of a
special improvement district to upgrade College Avenue.
3. A certificate of subdivision plat approval be obtained from the Montana Department
of Environmental Quality.
4. This waiver of preliminary plat approval is valid for three years and will expire on
May 16, 2006.
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
TJ/NW
LETTERS \WAIVEPP\03 \LANGAN.DOC
0
June 2, 2003
Larsen Engineering & Surveying
Jeff Larsen PE
PO Box 2071
Kaispell MT 59903
Dear Mr Larsen:
RE: Chappelle Subdivision
Municipal Facilities Exclusion
EQ#03-2659
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 {76-4-111 (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 Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 — email jkkaarland@state.mt.us
cc: City Engineer, City of Kalispell
County Sanitarian
file
Centralized Services Division ° Enforcement Division m Permitting & Compliance Division e Planning, Prevention & Assistance Division • Remediation Division
NUUMM,
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 7 .5 3- 5 510
This Form is for Subdivisions & Condominiums Only
DESCP: hp P'D e- I'A- Pj PURPOSE
,4rnd Z, 1 Z-/-"---Z 6)1<-j //1,6 4dd-,,
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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.
6 ::) JUN 12 2003
------------------
Deputy Treasurer
(seal)
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE
CHICAGO TITLE INSURANCE COMPANY
To the County of Flathead
and the City of Kalispell in Montana
CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State
of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in
Montana hereby certifies that from its examination of these public records which impart constructive notice of
matters affecting the title to the real estate described in Schedule A hereof, as of the day of
June 11 , 2003 at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee
simple of record in: Mission Northwest Development, LLC
A Montana Limited Liability Company
subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof.
The maximum liability of the undersigned under this certificate is limited to the sum of $10 , 000, 00
This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and
for the use of the County and City above named.
Authorized S1 tory
CHICAGO TITLE INSURANCE COMPANY
7" cr
President
ATTEST
Secretary
Reorder Form No. 9113 (Reprinted 12100)
Preliminary Subdivision Certificate of Title
For Use In Montana
SCHEDULE A
Page 2 Certificate No.: 7208926-1160
Our File No.: CG-36211
Being the legal description of the real estate covered by this certificate.
The following -described parcels of real estate:
Lot I A of the AMENDED PLAT OF LOTS I & 2, BLOCK 1, WILLIS ADDITION TO
KALISPELL and that portion of College Avenue abandoned under Resolution 4144 (dated
March 21, 1994)
To Be Known As: CHAPPELLE SUBDIVISION
Page 3 Certificate No.: 7208926-1160
Our File No.: CG-36211
Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections
whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or
inheritance, or assessments of whatever nature), or encumbrances; and all other matters
whatsoever affecting said premises, or the estate, right, title, or interest of the record owners,
which now do exist of record.
1. Property taxes, including any assessments collected with the taxes, for the year 2003.
2. Reservations in Patents or the acts authorizing the issuance thereof.
3. Mineral rights, claims or title to minerals in or under said land, including but not limited to
metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other
rights relating thereto, whether express or implied, recorded or unrecorded.
4. Delinquent water and sewer charges of the City of Kalispell, if any.
5. The following condition, restriction and covenant contained in Notice of Purchaser's Interest
recorded January 2, 1992 as Document #9200215310, records of Flathead County, Montana
"...no live trees shall be cut and the ground foliage shall be maintained within and on the four
(4) feet strip of land along and parallel to the north boundary of Lot 2..."
6. The right of any public or municipal utility to continue to maintain its plant or equipment in
said street, contained in Resolution No. 4144 regarding the abandonment of the street located
adjacent to and generally south of Lot IA of the Amended plat of Lots 1 & 2, Block 1, Willis
Addition to Kalispell, Montana and as shown on the unrecorded plat of Chappelle
Subdivision.
7. Grant Of Conditional Use recorded May 23, 1994 as Document #9414311510, records of
Flathead County, Montana.
8. Subdivision Plat Notes and Utility Easement as shown on the unrecorded plat of Chappelle
Subdivision.
9. No search has been made for water rights and unpatented mining claims, and liability thereon
is excluded from coverage of this Certificate.
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