E/5. Final Plat - Buffalo Commons Phase 3, Block 1Tri-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 for Buffalo Commons Phase 3, Block 1, Lots 2 and 3
MEETING DATE: December 3, 2001
BACKGROUND: A request for final plat approval of a two lot subdivision in the
Buffalo Commons development has been submitted to the city council for review. This
subdivision creates two lots north of the existing Glacier Bank building west of
Commons Way and south of Commons Loop. The preliminary plat for Buffalo
Commons was approved by the city council on November 15, 1999 subject to ten
conditions. These lots comply with the initial layout of the preliminary plat with each
lot containing just over on have acre for a total acreage of 1.05 lots in the subdivision.
The lots are located in the Retail/Commercial/ Office pod of the Buffalo Commons
Planned Unit Development.
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 pod, Phase II as the multifamily pod, Phase III with the retail
commercial / office pod, Phase IV with the northerly professional / medical facilities
pod and Phase V with the southerly professional / medical facilities pod. All of the
infrastructure for Phases I through IV of the development including water and sewer
services, roadways and utilities were installed during previous development with the
project and have been accepted by the City. Most of the work being done north of the
hospital, including the relocation of Sunnyview Lane and the construction of Heritage
Way are in the area of Phase V of the Buffalo Commons development.
RECOMMENDATION: A motion to approve the final plat for Buffalo Commons Phase
3, Block 1, Lots 2 and 3 would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Final Plat Buffalo Commons Ph 3, Blk 1 Lots 2 and 3
November 27, 2001
Page 2
Respectfully submitted,
Narda A. Wilson
Senior Planner
Report compiled: November 27, 2001
Chris A. Kukulski
City Manager
Attachments: Letter of transmittal
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
November 27. 2001
Chris Kukulski, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Buffalo Commons Phase 3, Block 1, Lots 2 and 3
Retail/ Commercial/ Office Pod
Dear Chris:
Our office has received an application from Northwest Healthcare Corp. for final plat
approval of Buffalo Commons Phase 3, Block 1, Lots 2 and 3 which will plat two lots
north of the existing Glacier Bank building. The lots are located on the south side of
Commons Loop and east of Commons Way. Each lot contains just over a half and
acre with the combined lots containing 1.05 of an acre. The lots are in the
Retail/Commercial/ Office pod of the Buffalo Commons Planned Unit Development.
Previous phases of the subdivision have dedicated the roads and utilities within the
subdivision to the City of Kalispell and they have been approved and accepted.
The preliminary plat for Buffalo Commons was approved by the Kalispell City Council
on November 15, 1999 subject to ten conditions. Several of these conditions relate to
the development of Phase V, to the south of this lot, and would not be applicable to
this subdivision. The following is a list of the conditions of preliminary plat approval
for this subdivision 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 reflect the approved preliminary plat for
the subdivision and are in compliance with the approved preliminary 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
improvements have been installed according to the required specifications at the time
of final plat approval.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Final Plat Buffalo Commons Ph 3, Blk 1, Lots 2 and 3
November 27, 2001
Page 2
• This condition has been met. In the platting of previous lots within Buffalo
Commons, all of the required infrastructure such as roads, curb, gutter, sidewalks,
water, sewer and drainage have been reviewed and approved and accepted by the
City of Kalispell.
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. However,
sidewalks have been constructed along Sunnyview Lane.
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. However, these
improvements have been constructed along Sunnyview Lane.
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 is not applicable to this portion of the subdivision because the water
and sewer facilities were reviewed and approved with previous phases of Buffalo
Commons and have been accepted by the City of Kalispell.
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. When this site is planned for a specific development, it will be
reviewed by the site development review committee where fire code issues can be
further addressed. There is a hydrant located on the comer of Commons Way and
Commons Loop.
Final Plat Buffalo Commons Ph 3, Blk 1, Lots 2 and 3
November 27, 2001
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 adequately addressed. Landscaping in the common areas
has been completed.
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. A drainage plan
for phases one through four has been reviewed and approved by the Kalispell
Public Works Department in previous phases of the subdivision.
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 will be
addressed prior to the filling of the lots within Phase V.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial 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 complies with the State and City Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
The subdivision complies with the Kalispell Zoning Ordinance, the PUD and associated
development agreement that governs the dimensional requirements of the lots within
the subdivision and well as the uses within the development pods.
All of the conditions of preliminary plat approval have been met or otherwise
adequately addressed. The staff recommends that the Kalispell City Council approve
the final plat for this subdivision. Please schedule this matter for the regular city
council meeting of December 3, 2001.
Final Plat Buffalo Commons Ph 3, Blk 1, Lots 2 and 3
November 27, 2001
Page 4
Sincerely,
Narda A. Wilson, AICP
Senior Planner
NW/
Attachments: 1 opaque mylars of final plat
1 reproducible mylar of final plat
1 copy of final plat
Vicinity map
Ltr from D Greer dated 11/ 19/01
Final plat application dated 11/19/01
Ltr from DEQ dated 5/ 15/97
Title report from Sterling Title Services dated 11 / 1 /01
Treasurers Certification dated 11/26/01
c: David Greer, 1867 Ashley Lake Rd, Kalispell, MT 59904
Jim Oliverson, NWHC, 310 Sunnyview Lane, Kalispell, MT 59901
Theresa White, Kalispell City Clerk
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LOTS 2 & 3, BLOCK 1 OF BUFFALO COMMONS PHASE 3
PUD, PLANNED UNIT DEVELOPMENT
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David Greer
1867 Ashley Lake Rd Kalispell MT 59901
19 November 2001
Narda Wilson
Senior Planner
Tri-City Planning Office
17 Second Street East
Kalispell, MT 59901
RE: FINAL PLAT OF BUFFALO COMMONS, PHASE 3, Block 1, Lots 2 & 3
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 lot layout is identical to those shown in the
preliminary plat. 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
the lot is developed and in accordance to site plan and architectural review. The fire chief
has previously indicated approval of the fire hydrant locations in this Phase 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, 'DPrCt F
David Greer/ic
Consultant to NWHC
s�' 0 b 2 � C
attachments: Application fee of $300.00
Application form
Title report
Tax certification statement
DEQ approval statement (copy, original on file)
Plats
Narrative response to conditions of approval
Tri-City Planning Office
17 Second Street East
Kalispell, MT 59901
FINAL PLAT APPLICATION
Subdivision
Name: Buffalo Commons Phase 3 Block 1, Lots 2 and 3
Contact Person:
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 I Industrial
Owner:
Jim Oliverson, NWHC
310 Sunnyview Lane
Kalispell, MT 59901
406.752.1724
15 November 1999
PUD IOther
No. of Lots Proposed: 2 Park Land (ac.):
Land in Lots: (ac.) 1.05 Cash -in -lieu:
Exempt: Non -Residential
FILING FEE ATTACHED: $300.00
NOT
ATTACHED APPLICABLE
E Health Department Certification
E Title Report
r Tax Certification
Con�dOL Sub. Improvements
Plat
Sub. Improvements Agreement
Parkland Cash -in -Lieu
Recorded Covenants
C�7�- Recorded Homeowners By-Laws/Articles of Incorporation
Plats
01
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 TCPO 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 TCPO staff to be present on the property for routine monitoring and inspection
during the approval and development process.
(1 '
ner Signature
11117z6) --
Dat6
`a
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 and roads are identical to those shown on the preliminary plat for this
phase of the subdivision. The proposed lots are identical to those shown in 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.
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 lot, which is located in Phase 3.
However, sidewalks have been installed along Sunnyview Lane.
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 lot, which is located in Phase 3.
However, curb and gutter have been installed along the reconstructed Sunnyview
Lane.
That approach permits for the required construction at Heritage Way and Sunnyview Lane
be obtained.......
This condition has no application to the subject lot, which is located in Phase 3.
However, the subject roads have been reconstructed with approval by the City under
an SID arangement.
6. That all water and sewer service plans and specifications shall be reviewed and
approved by the .........
The water and sewer improvements for all phases 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.
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. The hydrant
locations in Phase 5 were approved under the terms of the SID process.
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. Landscaping in the boulevards of Phase V is guaranteed under the
provisions of the road SID in Phase 5.
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 is also complete.
10. The parking lot on the north side of Sunnyview Lane and the proposed temporary
expansion .............
This condition has no application to the subject lot, which is located in Phase 3.
DEPARTMENT OF ENVIRONMENTAL QUALITY
PERMITTING & COMPLIANCE DIVISION Metcalf Building
1520 East Sixth Ave.
MARC RACICOT, GOVERNOR
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 the 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
CS-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
27 0219 89 205756
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 1st day of
November , K9(2001, 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.
Issued by:
STERLING TITLE SERVICES
211 South Main (P.O. Box 73)
Kalispell, MT 59901
(406) 752 - 7000
FAX (406) 752 - 7207 (TITLE
A406) 257 - 5663 (ESCRO
Authorized
CHICAGO TITLE INSURANCE COMPANY
By:
ATTEST: Pres' ent
Secretary
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE (MONTANA)
Reorder Farm No. 9113
SCHEDULE A
Page 2 Certificate No.: 27-0219-89-205756
Our File No.: CG-32333
Being the legal description of the real estate covered by this
certificate.
The following -described parcels of real estate:
That portion of Government Lot 5, Section 6, Township 28 North,
Range 21 West, P.M.,M., Flathead County, Montana, described as
follows:
Beginning at a point on the Easterly boundary of Commons Way, a
60.00 foot city street, which bears North 16010127" East, a
distance of 689.91 feet from the Southwest corner of
Government Lot 5, Section 6, Township 28 North, Range 21
West, said point being on the beginning of a 470.00 foot
radius curve concave Easterly, having a radial bearing of
North 8301SI2511 East; thence
Along said curve through a central angle of 05047118/1 an arc
length of 47.48 feet; thence
North 0005711711 West a distance of 71.72 feet to the beginning
of a 25.00 foot radius curve to the right; thence along said
curve through a central angle of 90000100/, an arc length of
39.27 feet; thence
North 89002143/1 East a distance of 209.60 feet to the beginning
of a 100.00 foot radius curve to the right; thence along said
curve through a central angle of 68018152/1 an arc length of
119.23 feet. thence
South 22038125/1 East a distance of 81.22 feet to a point; thence
South 88008134/1 West a distance of 355.18 feet to the Point of
Beginning.
TO BE KNOWN AS: BUFFALO COMMONS PHASE 3 BLOCK 1 LOTS 1 AND 2
Page 3 Certificate No.: 27-0219-89-205756
Our File No.: CG-32333
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 for the first half of the year 2001.
2. Property taxes for the second half of the year 2001.
3. Delinquent water and sewer charges of the City of Kalispell,
if any.
4. Reservations in Patents or the acts authorizing the issuance
thereof.
5. 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.
6. 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.
7. 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.
8. Easement granted to City of Kalispell in Grant Deed recorded
January 5, 1971 under Recorder's Fee #63, in Book 521, page
407, records of Flathead County, Montana.
9. 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.
10. Easement granted to Northwestern Telephone Systems, Inc.
recorded December 17, 1980 under Recorder's Fee #18056, in
Book 707, page 361, records of Flathead County, Montana.
11. Resolution No. 4174 regarding annexation and zoning, recorded
November 14, 1994 as Document #9431814340, records of
Flathead County, Montana.
12. Terms and provisions contained in Ordinance No. 1226,
recorded October 3, 1995 as Document #9527615080, records of
Flathead County, Montana.
13. Terms and provisions contained in Ordinance No. 1276 recorded
February 24, 1998 as Document #199805512210, records of
Flathead County, Montana.
14. Terms and provisions contained in Ordinance No. 1281 recorded
February 24, 1998 as Document 4199805512220, records of
Flathead County, Montana.
15. 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
February 24, 1998 as Document #199805512230, and amendment
recorded September 29, 2000 as Document #200027311070,
records of Flathead County, Montana, and any amendments
thereto.
16. Certificate of parkland and note as shown on the unrecorded
plat of Buffalo Commons Phase 3 Block 1 Lots 1 and 2.
17. The requirement that the company be furnished an original or
certified copy of the resolution of The Board of Directors,
or Stockholders if required, of Northwest Healthcare
Corporation, authorizing proposed transaction and directing
the execution of the proper instruments.
18. No search has been made for water rights and unpatented
mining claims and liability thereon is excluded from coverage
of this Certificate.
PLAT ROOM
FLATHEAD COUNTY, MONTANA.
800 S. MAIN
RALIBPELLt MT 59901
(406) 758-5510
THIS FORM IS FOR SUBDIVISIONS AND
ONLY
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YEARS
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I Ler,hy certify that there are nu unt:;tanding taxes on tha
Property assigned the assessor numbors listed above, for the years
irn.9icated for each assessor number.
DEPUTY TREASURER 1262001
SEAL