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3. Final Plat - Buffalo Commons Portions of Phases 3 and 4Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat Approval - Buffalo Commons Portions of Phases 3 and 4 MEETING DATE: November 4, 2002 BACKGROUND: This is a request for final plat approval of a nine lot subdivision in the Buffalo Commons development containing approximately 6.7 acres. Three of the lots are located on the east side of Hwy 93 and front along the west side of Commons Way. Two of the lots front along the east side of Commons Way and another three lots front along the east side of Commons Loop. All of these lots are currently undeveloped and are intended to be conveyed for development in the future. This subdivision plat falls under the Buffalo Commons Planned Unit Development. The six lots to the west are in the area designated for Retail -Commercial -Office uses and the other three lots to the east are in the area designated as Professional Medical Facilities. Six of the lots are in the 20,000 square foot range or one half acre while the other three lots are over an acre in size one. The preliminary plat for this phase was approved by the city council on November 15, 1999 subject to ten conditions. All of the infrastructure for Phases I through IV of the Buffalo Commons development including water and sewer services, roadways and utilities were installed during previous development with the project and have been accepted by the City. These lots have been sold and are being platted for the purpose of conveyance. Several final plat have been filed and this will nearly complete the final platting process for Buffalo Commons. Buffalo Commons was approved as a Planned Unit Development and as such is subject to a development agreement with the City of Kalispell executed in July of 1995. The overall development plan was subject to access and street locations, landscaping and the types of uses which would be allowed to occur with the development. This development agreement also outlines the phasing plan with Phase I being the single family area within the development located near the east portion of the site; Phase II to the north has been designated for multifamily development; Phase III is located to the west of the site along Hwy 93 and is designated for retail, commercial and office uses while Phase IV is the northerly professional / medical facilities area and Phase V is the southerly professional / medical facilities area. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Final Plat Approval — Buffalo Commons a Portion of Phases 3 and 4 October 30, 2002 Page 2 RECOMMENDATION: A motion to approve the final plat for Buffalo Commons a Portion of Phases 3 and 4 would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: October 30, 2002 Attachments: Letter of transmittal and evaluation of conditions Final plat application and supporting documents Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net October 30, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat Approval - Buffalo Commons a Portion of Phases 3 and 4 Dear Chris: Our office has received an application from Northwest Healthcare Corp. for approval of the final plat for nine lots in Buffalo Commons a Portion of Phases 3 and 4. These lots are generally located on the east and west side of Commons Way north of its intersection with Hwy 93. The plat contains approximately 6.7 acres. This subdivision is part of the Buffalo Commons Planned Unit Development which designated certain area for specific types of land uses. Six of the lots in this subdivision are located in the area designated for retail, commercial or office uses and three of the lots are located in the area designated for professional medical facilities. A development agreement with the City of Kalispell was executed in 1995. All of the required infrastructure for the subdivision such as the -water, sewer, roads and utilities was previously installed and have been accepted by the City of Kalispell. The preliminary plat for this subdivision was approved by the Kalispell City Council on November 15, 1999 subject to ten conditions. Several of these conditions relate to the development of other areas within the Buffalo Commons development, and are not applicable to this plat. The following is a list of the conditions of preliminary plat approval and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. Development of the subdivision will be platted in substantial compliance with the approved preliminary plat which shall govern the general location of the lots, easements and roadways. • This condition has been met. These lots were indicated on the preliminary plat and are in compliance with the approved plat. Condition No. 2. That the roadways within the subdivision shall be constructed in accordance with the City of Kalispell's Standards for Design and Construction which includes the pavement, curbs, gutters, sidewalks and drainage system. A letter from the Kalispell Public Works Department shall be required stating that the Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Final Plat Buffalo Commons a Portion of Phases 3 and 4 October 30, 2002 Page 2 improvements have been installed according to the required specifications at the time of final plat approval. This condition has been met. All of the required infrastructure such as roads, curb, gutter, sidewalks, water, sewer and drainage have been reviewed and approved by the City of Kalispell Public Works Department when the roadways and related infrastructure were previous accepted by the City in the platting of previous phases of Buffalo Commons. Additionally, a letter from Robert Peccia and Associates certifying the improvements has been submitted with the final plat. Condition No. 3. That sidewalks shall be constructed on the north side of the Sunnyview Lane next to the property boundary with a minimum five foot boulevard space between the sidewalk and roadway prior to filing Phase V. • This condition is not applicable to this portion of the subdivision, but has been completed as part of the hospital's campus expansion. Condition No. 4. Installation of curb and gutter on the north side of Sunnyview Lane for Phase V, or posting a bond for said curb and gutter, or waiving the right to protest a special improvements district for the same shall be required in conjunction with the final plat of Phase V. This condition is not applicable to this portion of the subdivision, but has been completed as part of the hospital's campus expansion. Condition No. 5. That approach permits for the required road construction at Heritage Way and Sunnyview Lane be obtained from the Kalispell Public Works Department. • This condition is not applicable to this portion of the subdivision. Condition No. 6. That all water and sewer service plans and specifications shall be reviewed and approved by the Department of Environmental Quality and the Kalispell Public Works Department. • This condition has been met since the water and sewer facilities were reviewed and approved with previous phases of Buffalo Commons. Condition No. 7. That a letter from the Kalispell fire chief approving the location and placement of the fire hydrants within the subdivision shall be submitted with the final plat. • This condition has been addressed during previous filings for the Buffalo Commons development. It may be noteworthy that when projects develop on these lots they will be reviewed by the site development review committee where fire code issues can be further addressed and potential concerns of the fire department fully addressed. Final Plat Buffalo Commons a Portion of Phases 3 and 4 October 30, 2002 Page 3 Condition No. 8. That areas be landscaped according to the specifications outlined in the development agreement with the City of Kalispell. All utilities shall be installed underground. • This condition has been met for this area with the platting of previous phases of the Buffalo Commons development. Condition No. 9. A storm water drainage plan which incorporates the drainage easements indicated on the preliminary plat, along with a grading plan, shall be reviewed and approved by the City of Kalispell prior to the filing of Phase V. • This condition is not applicable to this portion of the subdivision, but will be addressed prior to the filing of Phase V. (In fact, the storm drainage system has been installed.) Condition No. 10. The parking lot on the north side of Sunnyview Lane and the proposed temporary expansion of the parking lot must be brought into full conformance with the Kalispell Zoning Ordinance with the infrastructure for Buffalo Commons is developed prior to filing Phase V. • This condition is not applicable to this portion of the subdivision, but it is noteworthy that this condition has been met with the expansion of the hospitaland reconstruction of Sunnyview Lane.' - COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in compliance with the preliminary plat which was reviewed and approved by the city council on November 15, 1999. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat is in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision is in compliance with the Kalispell Zoning Ordinance and the Planned Unit Development which governs the dimensional requirements of the lots within the subdivision and well as the uses within the various areas of the development. RECOMMENDATION: All of the conditions of preliminary plat approval have been met or otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for this subdivision. Please schedule this matter for the regular city council meeting of November 4, 2002 Final Plat Buffalo Commons a Portion of Phases 3 and 4 October 30, 2002 Page 4 Sincerely, Narda A. Wilson Senior Planner NW/ Attachments: 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from D Greer dated 10/28/02 Final plat application dated 10/28/02 Letter from DEQ dated 5/ 15/97 Title report from Sterling Title Services dated 10/30/02 Treasurers Certification dated 10/28/02 c: David Greer, 1867 Ashley Lake Rd, Kalispell, MT 59904 Jim Oliverson, NWHC, 310 Sunnyview Lane, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \....\KFP02-6.DOC David Greer 1867 Ashley Lake Rd, Kalispell, MT 59901 28 October 2002 Narda Wilson Senior Planner Tri-City Planning Office 17 Second Street East Kalispell, MT 59901 RE: FINAL PLAT OF BUFFALO COMMONS, Portions of Phase 3 & Phase 4 Dear Narda: Attached are the application materials for the above -referenced final plat. The proposed lot and associated infrastructure are in substantial compliance with the PUD Development Agreement and with the preliminary plat. The 9 lots are identical to the lot layout shown in the preliminary plat and this completes the platting of these 2 phases. All the roads, water, and sewer facilities have been previously accepted by the City. As with the previous applications involving Buffalo Commons, I am enclosing a copy [rather than the original] of the State Environmental Quality approval letter since Buffalo Commons is being platted in phases and there is only one original letter. The highway landscaping is complete and the boulevard landscaping will be installed as each lot is developed and in accordance to architectural review. The fire chief has previously indicated approval of the fire hydrant locations and, as always, has the opportunity to review the site plans of all proposed structures. Please let me know if you have any questions concerning this application request or require any additional information. Thank you for your continued cooperation. Sincerely, 7 n David Greer, aicp Consultant to NWHC attachments: Application fee of $725.00 Application form Title report Tax certification statement DEQ approval statement (copy, original on file) Plats Narrative response to conditions of approval RECEIVED OCT 2 9 2002 TRI-CITY PLANNING OFFICE Tri-City Planning Office 17 Second Street East Kalispell, MT 59901 FINAL PLAT APPLICATION Subdivision Name: Buffalo Commons, Portions of Phase 3 & Phase 4 Contact Person: Owner: Name: David M. Greer Address: 1867 Ashley Lake Rd Kalispell, MT 59904 Phone No.: 406.756.9099 Date of Preliminary Plat Approval: Type Subdivision: I Residential No. of Lots Proposed: Land in Lots: (ac.) Jim Oliverson, NWHC 310 Sunnyview Lane Kalispell, MT 59901 406.752.1724 15 November 1999 Industrial 9 Park Land (ac.): 6.7 Cash -in -lieu: Exempt: FILING FEE ATTACHED: $725.00 PUD IOther Non -Residential NOT ATTACHED APPLICABLE Health Department Certification Title Report Tax Certification Consent(s)to Plat Sub. Improvements Agreement Parkland Cash -in -Lieu Recorded Covenants Recorded Homeowners By-Laws/Articles of Incorporation Plats 1 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 shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final application must be submitted no less than 30 days prior to expiration date of preliminary plat. When all final plat materials are submitted to the F.R.D.O. 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 final 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 be not accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for F.R.D.O. staff to be present on the property for routine monitoring and inspection during the approval and development process. October 28 2002 ner Signature Date 2 Narrative Response to Conditions of Preliminary Plat City Resolution No. 4520 Development of the subdivision shall be platted in substantial compliance with the approved Preliminary Plat .................. The easements, roads and lots are identical to those shown on the preliminary plat. 2. That the roadways within the subdivision shall be constructed in accordance with the City of Kalispell's Standards for Design and Construction ............... The roads in Phases 1, 2, 3 and 4 of Buffalo Commons were subject to a previous final plat application and all were accepted as public streets, which included aspects of drainage, gutters, sidewalks, and boulevards. 3. That sidewalks shall be installed on the north side of Sunnyview Lane for Phase V next to the property with ....................... This condition has no application to the subject lots, which are located in Phases 3 &4. 4. Installation of curb and gutter on the north side of Sunnyview Lane for Phase V, or posting a bond.......... This condition has no application to the subject lots, which are located in Phases 3 &4. 5. That approach permits for the required construction at Heritage Way and Sunnyview Lane be obtained....... This condition has no application to the subject lots, which are located in Phases 3 &4. 6. That all water and sewer service plans and specifications shall be reviewed and approved by the ......... The water and sewer improvements for Phases 1, 2, 3, and 4 have been approved by the City and DEQ. All the infrastructure is complete and have been accepted by the City. A copy of the DEQ approval is attached with this application. 7. That a letter from the Kalispell Fire Chief approving the location and placement of fire hydrants.............. A letter from the Fire Chief was included in previous plats, whereby the Chief indicated acceptance of all the hydrants in Phases 1, 2, 3, and 4. 8. That areas be landscaped according to the specifications outlined in the development agreement...... All the common areas in Phases 1-4 have been landscaped and maintained for 3 continuous years. Boulevard landscaping is completed with development of the adjacent lots. 9. A storm water drainage plan which incorporates the drainage easements indicated on the preliminary plat......... An engineered storm water drainage system has been completed for phases 1-4. The drainage system for phase 5 has also been completed 10. The parking lot on the north side of Sunnyview Lane and the proposed temporary expansion............. This condition has no application to the subject lots, which are located in Phases 3 &4. DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING & COMPLIANCE DIVISION Metcalf Building 1520 Bast Sixth Ave. MARC RACICOT, GOVERNOR STATE OF MONTANA Phone: (406)444-4323 Fax: (406)444-1374 May 15, 1997 Philip Porrini Robert Peccia & Associates 825 Custer Avenue Helena, MT 59604 PO Box 200901 Helena, MT 59620-0901 Re: City of Kalispell - Buffalo Commons Planned Unit Development Flathead County EQ # 97-2137 Dear Mr. Porrini: The plans and specifications for the above referenced project have been reviewed by personnel under contract with the Permitting and Compliance Division and found to be satisfactory. Approval of the plans and specifications is hereby given. One set of plans and specifications showing`-t-he`approval stamp of the MDEQ is enclosed. The project consists of approximately 1225 lineal feet of 12 inch PVC- C900 water main, approximately 2055 lineal feet of 8 inch PVC-C900 water main, 11 hydrants and appurtenances. The project also consists of approximately 3135 lineal feet of 8 inch PVC sewer main, approximately 470 lineal feet of 6 inch PVC sewer main, 29 new manholes and appurtenances. Approval is based on plan sheets C4-1 through C4-10 and on plan sheets C5-1 through C5-9 dated May, 1997 and on specifications received May 12,1997. Both the plans and specifications were received under the stamp of Phil Porrini, Montana Professional Engineer Number 4371E. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the department for reappraisal and approval. Within 90 days after the project has been completed, the project engineer shall certify to the department that the project was inspected and found to be installed in accordance with the plans and specifications approved by .the department. This certification shall be accompanied by a set of "as -built" record "AN EQUAL OPPORTUNITY EMPLOYER" drawings signed by the project engineer. It is also understood that construction will be started within two years of this date. If more than two years pass before beginning construction, it shall be necessary to resubmit the plans and specifications when construction is anticipated. This two year expiration period does not extend any compliance schedule requirements pursuant to enforcement action against a public water/sewage system. Sincerely, Mark A. Smith, P.E. Drinking -Water Section Permitting and Compliance Division Department of Environmental Quality c. City of Kalispell Flathead County Sanitarian PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208926- 'p„ CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of Ka 1 i nPl 1 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 4th day of October , 2002 at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Northwest Healthcare Corporation, A Montana Corporation 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 sign o CHICAGO TITLE INSURANCE COMPANY Prftiftnt ATTEST lzl� Secretary Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1131 Our File No.: CG-34504 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: That Portion of the Southeast'/4 of the Northeast'/4, Section 1, Township 28 North, Range 22 West and of Government Lot 5, Section 6, Township 28 North, Range 21 West, Principal Meridian, Flathead County, Montana and described as follows: BEGINNING at a point that bears South 13°26'35" East a distance of 391.40 feet from the northwest corner of Government Lot 5, Section 6, Township 28 North, Range 21 West, said point being on the westerly boundary of Commons Way, a 60.00 foot city street; thence along said westerly boundary of said Commons way the following two courses: South 00°57' 17" East a distance of 272.15 feet to the beginning of a 530.00 foot radius curve to the left concave easterly, and along said curve through a central angle of 01°58'52' an arc length of 18.33 feet; thence South 87°03'51" West a distance of 203.83 feet to the beginning of a 2764.79 foot radius curve concave easterly having a radial bearing of North 86°36'19" East; thence along said curve through a central angle of 03132'38" an arc length of 17 1. 01 feet; thence North 00°02'31" East a distance of 126.56 feet; thence North 89°02'43" East a distance of 203.18 feet to the Point of Beginning. and BEGINNING at a point that bears South 17058' 19" East a distance of 494.22 feet from the northwest corner of Government Lot 5, Section 6, Township 28 North, Range 21 West, said point being on the easterly boundary of Commons Way, a 60.00 foot city street; thence along said easterly boundary of said Commons way the following five courses: North 00°57' 17" West a distance of 187.27 feet to the beginning of a 100.00 foot radius curve to the right concave southeasterly, along said curve through a central angle of 90°32'14" an arc length of 158.01 feet, North 89°34'57" East a distance of 15.61 feet to the beginning of a 470.00 foot radius curve to the right concave southerly, along said curve through a central angle of 18°54'27" an arc length of 155.10 feet to the beginning of a 780.00 reverse curve concave northerly, and along said curve through a central angle of 13°56'33" an are length of 189.81 feet; thence South 45°23'26" West a distance of 265.22 feet; thence South 05°59'40" West a distance of 62.99 feet to the northerly boundary of Commons Loop, a 60.00 foot city street, said point being on a 160.00 foot radius curve concave southerly having a radial bearing of North 05°59'40' East; thence along said northerly boundary of said Commons Loop and along the easterly boundary of said Commons Way the following three courses: along said curve through a central angle of 06°56'57" an arc length of 19.41 feet, South 89°02'43" West a distance of 209.60 feet to the beginning of a 25.00 foot radius curve to the right concave northeasterly, and along said curve through a central angle of 90°00'00" an arc length of 39.27 feet to the Point of Beginning. and BEGINNING at a point the bears South 59003' 11" East a distance of --__855.54-feet from the northwest corner -of -Government Lot 5, Section 6, Township 28 North, Range 21 West; thence South30°11'00" East distance of 121.41; thence South 20°41' 14" East a distance of 209.08 feet; thence South 03°49'50" East a distance of 231.63 feet; thence North 85°35'08" West a distance of 322.33 feet; thence North 35°16'48" West a distance of 47.94 feet to the easterly boundary of Commons Loop, a 60.00 foot city street and a point on a 160.00 foot radius curve concave westerly having a radial bearing of North 35'16'48" West; thence along said easterly boundary of said Commons Loop the following three courses: along said curve through a central angle of 77°21'37" an arc length of 216.03 feet, North 22°3-8'25'_'_-West..a_distance of_ 136.40 feet to the beginning of a 160.00 foot radius curve to the left concave southwesterly, and along said curve through a central angle of 20°12'58" an arc length of 56.45 feet; thence North 47°08'37" East a distance of 30.00 feet; thence North 68°47'03" East a distance of 174.97 feet; thence North 65°38'20" East a distance of 45.23 feet to the Point of Beginning. To Be Known As: BUFFALO COMMONS, PORTIONS OF PHASE 3 AND PHASE 4 Page 3 Certificate No.: 7208926-1131 Our File No.: CG-34504 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 2002. 2. Delinquent water and sewer charges of the City of Kalispell, if any. - 3. - Reservations --in Patents or the -acts -authorizing- the issuance thereof. 4. 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. 5. Right -of -Way Easement granted to Pacific Power & Light Company, a corporation, recorded September 18, 1959 under Recorder's Fee #5838, in Book 429, page 512, records of Flathead County, Montana. 6. Easement granted to the City of Kalispell, recorded December 29, 1961 under Recorder's Fee #9039, in Book 443, page 630, records_ of Flathead County, Montana. 7. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, recorded July 10, 1980 under Recorder's Fee #8632, in Book 696, page 111, records of Flathead County, Montana, and any amendments thereto. 8. Easement granted Northwestern Telephone Systems, Inc., recorded December 17, 1980 under Recorder's Fee #18056, in Book 707, page 361, records of Flathead County, Montana. 9. Resolution No. 4174 regarding annexation recorded November 14, 1994 as Document 99431814340, records of Flathead County, Montana. 10. Terms and provisions in Ordinance No. 1226 regarding A Planned Unit Development recorded October 3, 1995 as Document #9527615080, records of Flathead County, Montana. 11. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, recorded October 3, 1995 as Document #9527615080, records of Flathead County, Montana, and any amendments thereto. 12. Ordinance No. 1276 regarding Amendment of Declaration of Conditions, Covenants and Restrictions, recorded February 24, 1998 as Document #199805512210, records of Flathead County, Montana. 13. Ordinance No. 1281 regarding Vacating Declaration of Conditions, Covenants and Restrictions, recorded_ February24,_1998 as Document #199805512220, records of Flathead County, Montana. 14. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, contained in instrument recorded February 24, 1998 as Document #199805512230, and amendment recorded September 29, 2000 as Document #200027311070, and amendment recorded December 26, 2001 as Document #200136015330, records of Flathead County, Montana. 15. Easement for the purpose of providing the City of Kalispell the right of egress and ingress for the purpose of constructing, maintaining, operating, repairing and removing a City sewer force main utility line, appurtenant equipment and a gas line upon and within said easement recorded January 11, 1999 as Document #199901113260, records of Flathead County, Montana, and as shown on the unrecorded plat of Buffalo Commons, Portions of Phase 3 and Phase 4. 16. Easement for gas pipe line and related purposes granted Montana Power Company, recorded August 10, 2001, as Document #200122212250, records of Flathead County, Montana. 17. Certificate of parkland as shown on the unrecorded plat of Buffalo Commons, Portions of Phase 3 and Phase 4. 18. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. Basis of Bearings per Ce•rtij'cate of Surrey 13186 l— N89 3438 E ' i 1195.10, 1 Cool"no it iv Lot ?B Lot IB Loi 1.1 - v+ `.mil Lot 2A Lot -!C I Lot 3C .1re7. ,an1� f ';,Utility C�1�`(�' ' Lot 4 Lot 3 I Lrz e_ � ,� ment 0^ ;` � I I 0 Lot 1.1 I e Lat 1B Lot 4B I Lot Ct i ph cis - - - - -�! - - + Lot 2.4 ��'� \F--L — —L, I Lot 2B N893457"E C=18 '54 �� �i Lot 1C Lot 3.4 15.61' R=47°pp� .tiles '� OQO L=i5.5.10 a _ I Lot 4.100 BA �_---- �- a �5 B'bfa to =5" 7' 122.,-,6n a yo L-_ .s6 0.0 0 o o 111:1 ons °o' Phase 3 S\\ \\1loo--`__— I Block �', 'i, °�J Lot 1 N 20,967 Sq.Ft ti65� \ Common Lot 1 N POINT OF \ I \� z J \ BEGINNING i I \,`" N N89 02'43"E Lot 3 \ and Ut �il it y ��I `, _ 136.39' �� \ POINT OF y.-N89 L1' "E 203.18'� \ \ - Q7 57,554 Sq.Ft. ti all,3 S �5 ��`. \ BEGINNING -- Lot 5 n 19,996 Sq.Ft. Lot 2 g N89'02'- --. 204.89' ` ^ 20,353 Sq.Ft. z ` o �;a� l� N 97 N 171.39' 98, 21' n �°�°� N, Lot 4� w z ( S89'02'43"W 209.60' " 5 ~' C� 20,147 Sq.Ft. g ^ z 0 = 90'00'00" L = 06'56'57 , �� Lot 2 L c5 R = 25.00' — R = 160.00' — — , R = 160.00' q� 29,958 Sq.Ft. \ a�N89'02'43"E 205.85'�„, C) I" L = 39.27' L = 19.41' ��� L = 56.45' tip , o R = 160.00' o = os 44'20" b. N z I AjZa� �f%al I L = 90.51' R = 160.00' c-z�- �' Lot 3 a e `� 8l °I C0� L = 24.40' o a o° nz° �q. o = 01 sa's2 k I L° ns Lot 3 \\ aa702010912038 �'"R _ 803� Lot 2 + Lot 3S anCl 3 \\�'o_�_ "� o \ --�- — — — — — — — — — �vQ�_ 42,765 Sq.Ft. fl _ Ii � (Radial) I �-- — — — _ "' — � N I \ O CD + + � � I 1 � 0=17'44'l l " «<JffJ Buffalo I Commons I I Buffalo Commons267.57' Phase 3 585'05'46"W Block 2 I I Phase 3 Block 1 Lot 1 �� o r Lot 2' Lot 4 Cora no.ns way 61,976 Sq.Ft. N 46.46' , 322.33' I N Lot 1 Common + 275.87' CO m0 �r .� e r� 1 and Ut, ility Easement THIS SKETCH IS FURNISHED FOR INFORMATION PURPOSES ONLY TO ASSIST IN C) 6�v��c) (�:C;YV+�S, PROPERTY LOCATION WITH REFERENCE TO STREETS AND OTHER PARCELS, NO REPRESENTATION IS MADE AS TO ACCURACY �p )^� �S C)�7 AND STERLING TITLE SERVICES ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON, Lot 2 11) - m 2X8 1 2 4 5 6 7—g 2DCC N I PARKWAY 'DR 67 18 17 16 15 14 13 12 11 10 a 46> u I M RT':-fL RAVE§� 8 NORTH HAVEN DR \A Lot 1 2 4 IG T N D 3 8 6 17 16 15 14 13 7 2XA 18 2 Rl H A N \.A 2 17 N� O'NEIL 5 7 8 g 10 11 12 6 3 16 CF) NORTH HAVEN DR 1 - 2DCA ---- ---- 4 5 A 8 C 14 6 5 K 4 A 7 20 Su 9 BAIT 20CD Ir SUMMIT it RIDGE LK D Z"IN 19 12 2 v lu 11 12 13 14 15 16 17 11 1 z 9 LK 7 6 2W 10 3 B21 12 L 2 5 4 11 PARK a 7 13 AAd BLK 14 2 1 2 3 4 5 6 eL 1 4 HILL TOP A 1 13 5 2 DC 1.2 4. WALO a .119m Ns'. 38LX 7 1* Almu SpEl, I B MMONS 3 5 58 .9 % 3 ADD 2 NO 15A -3 B2 L2 4 2 0 2 IA 5 4 3 BLK 12 BLK I GE DR 6 1 RESUB. w in 9 #4 7 t23 2 7 6 5 3 2 1 t 1 2 QZ.I 2 !9 28 27 1 1 3 L 1 8 2 5 Ns 5 13 210, 27 Li 45BCfC 7 AM 4 1 B� 26 .48 23 18 3`%1715 14 13 9. 4 26 4 23 5 1 2 22, 2 1 3 SHERWOO 25 4 25 5 2 1 /F 5 6 , 9 23 LK 0 12 24 6 7 y By 1 11 20 191181.171.16[ 1 d 14 1.13' RAMSCATE 7 8 C14 1 9 2 - WEDGEWOOD IN 14, 23 11 3 1 17 1.0 10 4 WTCH IJLF� D FO IiM T101 ) I Ly%�j 16 RM IN � �y TIN 22 3 9 5 16 1 4 2 8 Ne 17 0 ERTY LOCATION WITH REF -9"�IGH 18 Is R N A THfiR PAQ(UM'( 21 6 llt:% 15 1 3 'L 1 5 4 7 14 6 ESR N N IE� MADE AS TO ACCURACY N 'T LING TITES A-"WB 10. IABUITY RESUB FOR-AlUmacep y 2 20 SHERRY U\j L.6 B,7 5 ON,' OF RELIANCE THEREON, 18 19 2 2 3 4 1 1 2 1 3 2 LK 1 I TIP 5 -2 1 11 Go 6 3 14 %410110 THIS MAP IS PREPARED ONLY FOR THE ADMINISTRATIVE USE OF FLAEHEAD COUNTY AND IS REPRESENTATION OF THE LOCATION OR EXISTENCE OF TRACTS OF RECORD, THEIR BOUNDAI J 7EEA, 7EC, 7ECA ..2' 3 4 AE, 5ta-BDY ADJ 1' t INES .7' 6: 5.. g.. .4 AND PARK ADD 1 t s. -NI) PARK ADD 2 g} '5 g I_ 'um, y 8' 4 2 .4 Vq: L7942 "1 7 41, A t-M&39k 6D t .3 WD:138,41,55, Iyp1RN Vie 19Q-9E 40 13 t4 3A PARK 3B 2} Lot FEZ ° C to 1' i 3G k...BK 4''. 12 f t v 'TB 1' bA 4C,. X 2C . 1 2C —__-------- 1A 4A .. 7w to . CouuoNs• WAY t_ tA. 5C PHA; T + s CommoN AREA 7EfH BUFFALO COMMONS �1 t.a 1Dy �p .PH 2 B�K 2 pp - tx � COwMONS LWp I 3 i 7ETM ' 2- 3 L t 1 4 y. 15 a 4 4 5CS .7 5AA 2+ 2 I 14 ''s 5AAA / 5 5 6 Lc tot s� 4 AYD 'r 2 3 I Comm NS WAY 1 � 3 E 1 g I tt I �G COWM©!1 AREA BIX 2 19 g 5 5 7 I � 1 10 !��j 8 9 to 1 Ay if0 j I 9 1EW 14 I 0 4 �tr ;'�,Q Z I R10GEV1£W 12 ej I tis HERITA E PARK do 4Q I CoINAaN AREA I P�.A�� t NQYE M + tRIS ! FOR 5ABD 5ABA r 11 'FrioREO INF©RMAT T IN GRA EL PIT I I;A" +4 i2-" P71�PERTY WI 'H ; I ;; ,5;;, S BR ETS A P R I �� I +� 9A REV( ESEN A- I MA A O A CORAC e I \� : 1�4n L [� STELE INP SE I SEAS UMES N "" al -al E L3 2 RNG BY 5ABM 5A88 5ABH �� K" I 1 & 3 1 4 ax Z_06 e&i 2 I oIA �axi SIMMONS ADD °ram° I E + RESUB o i Lot 13 A -1 " "- Lo !ESIJ Ln 7EE + �s„ 7 + L 1 AMD bt i i IEW �W3 1no VIEW x Vl'5 D y 7E & L 2 AMD j Mi5 y 5 1 J82 & L 2 AMD 4 I t o a D's — 2 I n 7E6 RF"Si in v1 1 I 2 :'� ViAr. $ This Form is for Subdivisions & Condominiums Only BY: C�lj FOR: 9Vo r wzsDATE DESCP: ✓�� YEARS ASSESSOR # 1993 THRU D�-2-- �! 9CbSL, U 0q&961"1 ------------ & TO DA-f1_ 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. Deputy Treasurer (seal) OCT 2 8 20OZ