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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(&centurytel.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 (&centi)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-,, q- �pop �r 1 &7-) 4,6 , ,,5ffee 7- IZJi // /S 461 d BISUIS*Cml o qq 3w 0 006 0/7 q 7 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. V_ 0. W,'CAP Li IRON Le�_ This Plat Is Fcr THIS SKETCH 1�G NSSIST IN " jN F r)CERTY vey. 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