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Staff Report/Final Plat/Burger KingPlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispcil.com/plannin� REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner SUBJECT: Final Plat request for Subdivision No. 288 (Burger King) MEETING DATE: June 1, 2015 BACKGROUND: Our office has received an application for final plat approval from Sands Surveying on behalf of Big Sky King Properties LLC, for a two lot subdivision. The subdivision divides an existing 1.41 acre lot located at 205 18d' Street East, near the intersection of U.S. Highway 93 South. The 1.41 acre site can be legally described as Lot 4 of the Amended Plat of Lots 1-10, Block 2, Rykers Addition to Kalispell, in the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Planning Department waived the preliminary plat on September 2, 2014, subject to 8 conditions, because it was found that the subdivision met the criteria for preliminary plat approval waiver, as outlined in Section 2.08 of the Kalispell Subdivision Regulations. All of the conditions of the preliminary plat waiver have been met or adequately addressed. The letter reviewing the conditions and how they were met is attached hereto for reference. The findings of fact for approval of the plat are found in attached staff report KWP-15-01. The developer has submitted a Subdivision Improvement Agreement (SIA). The SIA included with the final plat application will cover the engineer's estimate of costs to construct the remaining sidewalk improvements along 3rd Avenue East. The cost to complete these items is $7,300.00. The cashier's check submitted with the final plat application addresses 125% of the estimated cost of remaining improvements. RECOMMENDATION: It is recommended that the City Council make a motion to adopt the findings of fact in the staff report KWP-15-01, approve the resolution to create the two lot subdivision, and accept the Subdivision Improvement Agreement. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. Respectfully submitted, �y Jarod Nygren Senior Planner Report compiled: May 12, 2015 ATTACHMENTS: Final plat compliance letter, staff report KWP-15-01 and associated attachments. c: Aimee Brunckhorst, Kalispell City Clerk Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin2 PLANNING FOR THE FUTURE May 26, 2015 Doug Russell, City Manager City of Kalispell 201 1" Avenue East Kalispell, MT 59901 MONTANA Re: Final Plat for Subdivision #288 (Burger King) Dear Doug: This is a request for final plat approval to subdivide one 1.41 acre parcel into two lots. The proposed lot is to be located on 18`h Street East, near the intersection of U.S. Highway 93 South. The address for the parent property is 205 18th Street East, Kalispell. The property is zoned B-2 (General Business) and can be legally described as Lot 4 of the Amended Plat of Lots 1-10, Block 2, Rykers Addition to Kalispell, in the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Planning Department waived the preliminary plat on September 2, 2014, subject to 8 conditions because it was found that the subdivision met the criteria for preliminary plat approval waiver, as outlined in Section 2.08 of the Kalispell Subdivision Regulations. All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. COMPLIANCE WITH CONDITIONS OF APPROVAL: Prior to final plat: That the final plat is in substantial compliance with the preliminary plat that was waived. Staff Response: This condition has been met. The final plat is in substantial compliance with the preliminary plat that was waived on September 2, 2014. 2. The rights -of -way frontages along 18t" Street East and Yd Avenue East shall be improved to city standards, or adequately bonded for, and shall include a landscaped boulevard and sidewalk. The plan for improvements shall be reviewed and approved by the Public Works Department and Parks and Recreation Department, and installed prior to final plat. Staff Response: This condition has been met or adequately addressed. All of the improvements were installed and certified as complete along 18th Street. The applicants are proposing to bond for the landscaped boulevard and sidewalk along P Avenue East. Robert Peccia & Associates provided a cost estimate for the sidewalk of $7,300.00. The developer has entered into a Subdivision Improvement Agreement (SIA) with the City of Kalispell that can be used by the city as collateral to assure the sidewalk is installed to city standards for design and construction. The SIA covers 125% of the sidewalk improvement costs for a total of $9,125.00 A municipal facilities exemption shall be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer are available and will be provided to the lot. Existing and new utility easements shall be shown on the final plat. Staff Response: This condition has been met. The Montana Department. of Environmental Quality issued a municipal facilities exclusion letter on 12/23/2014 (EQ#15-1540) for the subdivision. The letter is attached hereto and states that the subdivision is not subject to their review, and that the plat can be filed with the Flathead County Clerk and Recorder. 4. A cross -easement that provides for motorized and non -motorized ingress and egress and shared parking shall be granted. The easement shall remain in effect in perpetuity, or until such time as both parties mutually agree to revise said easement. The recording number of the easement shall be placed on the final plat. Staff Response: This condition has been met. A declaration of Easements and Covenant has been drafted and is attached hereto for reference. The document will be recorded concurrently with the final plat. On -going Conditions: The access design for the lots shall meet the provisions outlined in Chapter 5 of the International Fire Code (2009) regarding fire service features and the design shall be reviewed and approved by the Kalispell Fire Department. Prior to combustible construction, all-weather driving surfaces, water supply infrastructure, hydrants and street signs need to be in place. Staff Response: This condition has been met or adequately addressed. This condition has been met for Lot 1, which has been developed with a Burger King. Lot 2 will comply with this on -going condition when the owners are ready to develop the lot. All of the applicable fire codes will have to be complied with, prior to building permit issuance, for a structure on Lot 2. 6. Prior to gny excavation or earthwork, a City Storm Water Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Storm Water Management Permit. Staff Response: This condition has been met or adequately addressed. This condition has been met for Lot 1, which has been developed with a Burger King. Lot 2 will comply with this on -going condition when the owners are ready to develop the lot. Prior to commencement of commercial construction on the property, the proposed development shall be reviewed and approved by the City of Kalispell Site Review Committee and Architectural Review Conunittee. Staff Response: This condition has been adequately addressed. Prior to issuance of a building permit for a new commercial building on the property, the development is required to be reviewed by the Site Review Committee and Architectural Review Committee. 8. This waiver of preliminary plat approval is valid for three years and will expire on September 2, 2017. Staff Response: This condition has been met. The waiver of preliminary plant granted is valid for three years and will expire on September 2, 2017. Accordingly, the waiver of preliminary plat is still valid for approximately 27 months. COMPLIANCE WITH APPROVED PRELLAINARY PLAT The final plat is in substantial compliance with the preliminary plat which was waived on September 2, 2014. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. All taxes are current and there are no liens or encumbrances on the property. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the B-2 zoning designation, which governs the dimensional requirements of the lots within the subdivision as well as the uses. 11 X616W5I I N1 17M 0 [IRA It can be found that the conditions of the waiver of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat for Subdivision #288. Please schedule this matter for the regular city council meeting on June 1, 2015. Si rely, Z /,,, J od N Senior Planner Attachments: - 2 Mylar of final plat - 1 copy of final plat - Vicinity Map - Staff Report KWP-15-01 - Applicant responses and final plat application dated 5/6/2015 - Stewart Title Guaranty Company, G-2222-000065193 dated 2/20/2015 - Declarations of Easements and Covenant - Subdivision Improvement Agreement - Montana Department of Environmental Quality approval letter dated 12/23/2014 - Flathead County Treasurer certification dated 3/19/2015. - Waiver of Preliminary Plat Approval dated 9/2/2014 - Robert Peccia & Associates letter for 3rd Avenue East sidewalk improvements dated 10/16/2014 - Stockman Bank of Montana Consent to Plat dated April 14, 2015 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk Big Sky King Properties, LLC, Attn: Jan Rehberg, 4401 Hwy 3, Billings, MT 59106 RESOLUTION NO.5718 A RESOLUTION APPROVING THE FINAL PLAT FOR THE SUBDIVISION 288, DESCRIBED AS LOT 4 OF THE AMENDED PLAT OF LOTS 1-10, BLOCK 2, RYKERS ADDITION TO KALISPELL, IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT. WHEREAS, Sands Surveying, representing Big Sky King Properties LLC, the owners of the certain real property described above, has petitioned for approval of the final Subdivision Plat of said property; and WHEREAS, the preliminary plat was waived on September 2, 2014 as the subdivision met the criteria for preliminary plat approval waiver, as outlined in Section 2.08 of the Kalispell Subdivision Regulations (Preliminary Plat Process -Minor Subdivision - Preliminary Plat Waiver), subject to eight conditions, all of which have been met; and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report (#KW0-15-01) 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report # KWP-15-01 are hereby adopted as the Findings of Fact of the City Council and the Subdivision Improvement Agreement that has been submitted is also approved. SECTION II. That the application of Sands Surveying, representing Big Sky King Properties LLC, the owners of the certain real property described as Lot 4 of the amended plat of Lots 1-10, Block 2, Rykers Addition to Kalispell, in the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and to be known as Subdivision 288 is hereby approved. SECTION III. The classification of said premises under the Kalispell 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 1 ST DAY OF JUKE, 2015. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor G OA \ o am s � g G a A N \ z nA o 45.59' N09°1 1'31°E /� \ 160.39' (N09° / \ 0 m \ \ 0 12'51"E Rec. 21 3 V 3 m E Z ps \ 3 All Z m o A m W N s a Np .o O°14 O m \ l 1J ve N O OO 3. N �' s y � ►1a o " A tn° N Ratlial: � o �. n O n m Radial: Z +�503°59'18'W 46.36' �( x S�5° ,60Zo.els .Ol'C6 3•.LZZS°619 � � A IIT+1I*I N 17y7°w r:, 3.609 CD v� lt- n t0 � � • 3 � c � O a w m� my r x N m d (�� GIO ipiNw� AN j `V O a rn �B m 3a� b ti 'w ,b91Z1 3„LL,1S,61S anuantl P1E E1S� 150'J 6'oaT! ,19121 H bq,OS• t� y yZ 9 e\Oe�i mm D cmi� v 3 A z Z 0 iro 4 ' Ni iL m ao mo 00 m xcio ADZ OZ — n. S• ; SSg se - ti"tn ov z m ;O p S d ga E 22P�P 5-22A BLK 1 oRT ELKS AMD in 1 23 5-0 5-18 18TH ST W 8AF BIRK ,q cSO 5 ADDITION G� NO 119 1 AMD L1-4 B a Q 1A SOUTHFIELD C PARK D VICINITY MAP SCALE 1 " = 100' SUBDIVISION #288 A REQUEST FOR FINAL PLAT APPROVAL OF A 2 LOT SUBDIVISION LOCATED AT THE INTERSECTION OF HWY 93 SOUTH AND 18TH STREET, IMMEDIA TEL Y ADJACENT TO THE NEW BURGER KING. F i LE# KW P 15-01 PLOT DATE 5/26/15 H:\gis\site\kael5_01 -Subdivision #288.dwg FINAL PLAT FOR SUBDIVISION #288 (BURGER KING) KALISPELL PLANNING DEPARTMENT STAFF REPORT KWP-15-01 REVIEW AND FINDINGS OF FACT May 11, 2015 This is a report to the Kalispell City Council detailing findings of fact for a two lot subdivision. Preliminary plat approval for this minor subdivision was waived on September 2, 2014 with 8 conditions of approval. BACKGROUND: A request for a final plat approval to subdivide one 1.41 acre parcel into two commercial lots consisting of 1.042 and .368 acres. The proposed .368 acre parcel is to be located at 18th Street East, near the intersection of U.S. Highway 93 South. The area proposed to be subdivided is currently an undeveloped portion of a paved parking lot, south of the Burger King located at 205 18th Street East. The remaining 1.042 acres is developed with Burger King and their parking facilities. The land use of the parcel being created is not known at this time, but will have to comply with the B-2 Zoning. The planning department waived the preliminary plat on September 2, 2014 subject to 8 conditions because it was found that the subdivision met the criteria for preliminary plat approval waiver as outlined in Section 2.08 of the Kalispell Subdivision Regulations. A. Applicant: Big Sky King Properties LLC ATTN: Jan Rehberg 4401 Highway 3 Billings, MT 59106 Technical Assistance: Sand Surveying, INC 2 Village Loop Road Kalispell, MT 59901 B. Location and Size: The proposed subdivision is located on 18+h Street East, near the intersection of U.S. Highway 93 South and can be legally described as Lot 4 of the Amended Plat of Lots 1-10, Block 2, Rykers Addition to Kalispell, in the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Total area: 1.41 acres Lot 1: 1.042 acres Lot 2: 0.368 acre C. Existing and Adjacent Land Uses: Lot 1 is developed with a Burger King and their parking facilities. Lot 2 is currently a paved parking area. The immediate area is characterized by a mix of commercial development. There is commercial development to the north, south, east and west consisting of a gas station/convenience store, hotel, coffee shop, restaurant, home improvement store and offices. D. Zoning: The subject property is within the B-2 (General Business) Zone. The Kalispell Zoning Regulations state that the B-2 Zone is intended to "provide for a variety of sales and service establishments to serve both residents of the area and the traveling public. The district depends on the proximity to major streets and arterials and should be located in business corridors or in islands. This zoning district would typically be found in areas designated as commercial and urban mixed use on the Kalispell Growth Policy Future Land Use Map". The minimum required lot area for a parcel within the B-2 Zone is 7,000 square feet. Lot 1 is proposed to be 1.042 acres and Lot 2 is proposed to be .368 acres, which exceeds the minimum required lot area. B-2 also requires the lots have a minimum lot width of 70 feet. Both Lot 1 and Lot 2 far exceed the 70 feet lot width requirement. E. Relation to Growth Policy: The Kalispell Growth Policy Map designates the 1.41 acre project site as commercial, which provides the basis for the B-2 Zoning designation. The growth policy map lists uses such as retail, offices, services, mixed use developments and residential as appropriate land uses in the commercial land use designation. F. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell or Evergreen Disposal Gas: Northwestern Energy Electric: Flathead Electric Cooperative Phone: CenturyLink Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell REVIEW AND FINDINGS OF FACT This application has been reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: Fire: This subdivision is within the service area of the Kalispell Fire Department. The property would be considered to be at low risk of fire because the subdivision and commercial buildings within the subdivision would be constructed in accordance with the International Fire Code and have access which meets city standards. All of the lots within the subdivision would abut a street that has been constructed to standards adequate for the fire department to access and suppress a fire or other hazard. Flooding: There are no areas within the 100-year floodplain on the site pursuant to Flood Insurance Rate Map No. 30029C 1820J. OA Access: Access to the subdivision would be provided by 18TH Street East and U.S. Highway 93 South. U.S. Highway 93 South is an improved highway and 18th Street East is an improved city collector road, which provides for adequate access to the subject property. On -site Improvements: All of the improvements were installed and certified as complete along 18m Street. The applicants are proposing to bond for the landscaped boulevard and sidewalk along 3rd Avenue East. Robert Peccia & Associates provided a cost estimate for the sidewalk of $7,300.00. The developer has entered into a Subdivision Improvement Agreement (SIA) with the City of Kalispell that can be used by the city as collateral to assure the sidewalk is installed to city standards for design and construction. The SIA covers 125% of the sidewalk improvement costs for a total of $9,125.00. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not located in known big game habitat and the property is not considered suitable habitat for other significant wildlife since the subject property is within an urban area and currently paved. Local and migratory bird species and small mammals common to the area will not be affected by this action. C. Effects on the Natural Environment: The subject property exists in an established commercial area of Kalispell. The site is level and is not in or near a designated 100-year floodplain per Flood Insurance Rate Map Number 30029C1820J, nor is it subject to slope failure, subsidence, or severe erosion. The subdivision will be served by City of Kalispell water and sewer minimizing impacts to groundwater. Impacts to the natural environment are not expected to occur as a result of this subdivision. D. Effects on Local Services: Sewer and Water: The City of Kalispell will provide water and sewer service to the properties. There is an existing water main directly accessible to the proposed lots within 18th Street East. A sewer main is located east of the lots running through the parking lot and south of the property within 18th Street East bordering the property. The Montana Department of Environmental Quality issued a municipal facilities exclusion letter on 12 / 23 / 2014 (EQ# 15-1540) for the subdivision. Access and Roads: Access to the subdivision would be provided by 18th Street East and U.S. Highway 93 South. U.S. Highway 93 South is an improved highway and 18th Street East is an improved city collector road, which provides for adequate access to the subject property. In addition, a Declaration of Easements and Covenant will be recorded with the final plat that provides for motorized and non -motorized ingress and egress and shared parking for the two lots. The easement shall remain in effect in perpetuity, or until such time as both parties mutually agree to revise said easement. 3 Schools: This subdivision is commercial in nature and will not have an impact on the enrollment of the school district. Parks: Commercial lots are exempt from providing park land or paying the cash in lieu fee. 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. It is not anticipated that this subdivision will significantly impact the service proved by the fire department. Refuse Disposal: Solid waste pick-up is currently provided by the City of Kalispell. No significant increased impacts are anticipated as a result of the proposed subdivision. Medical Services: Emergency medical service is provided by the Kalispell Regional Medical Center; ambulance and life flight services are also available. E. Effects on Agriculture: This subdivision is in the urban area of Kalispell and the area has been developed to an urban density. This property has not been used for agricultural purposes in the past and future development will have no effect on agricultural activities in the valley. F. 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 2.08 of the regulations which include the following: (1) the subdivision 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) municipal water and sewer are adequate and in place; (6) the subdivision complies with the subdivision and current zoning regulations; and (7) no significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environmental, wildlife and wildlife habitat and the public health and safety. G. Compliance with the Kalispell Zoning Ordinance: The property is zoned B-2, General Business. The Kalispell Zoning Regulations state that the B-2 Zone is intended to "provide for a variety of sales and service establishments to serve both residents of the area and the traveling public. The district depends on the proximity to major streets and arterials and should be located in business corridors or in islands". Although a use is not proposed on Lot 2 at this time, any use that will be developed on the site will have to comply the B-2 requirements. The project site is located within a commercial area and is located along US Highway 93 South and 18th Street East, which are both improved. The minimum required lot area for a parcel within the B-2 Zone is 7,000 square feet. Lot 1 is proposed to be 1.042 acres and Lot 2 is proposed to be .368 acres, which exceeds the minimum required lot area. B-2 also requires M the lots have a minimum lot width of 70 feet. Both Lot 1 and Lot 2 far exceed the 70 feet lot width requirement. H. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Map designates the 1.41 acre project site as commercial. The Kalispell Growth Policy 2020 Plan goal states that new commercial development should occur in areas were public water and sewer are available. In addition, the plan states that the city should encourage the development and growth of prosperous commercial districts, each with a viable mix of business, suitable infrastructure, and a coordinated development pattern that reduces business costs and increases small business opportunities. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-15-01 as findings of fact for the proposed subdivision and approve the final plat. 5 SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 406-755-6481 Fax 4.o6-755-6488 May 6, 2015 Kalispell Planning Office Tom Jentz, Planning Director 201 1st Avenue East Kalispell, MT 59901 Dear Tom: Attached please find the materials necessary to file the final plat for Subdivision #288. 1 have listed the Conditions of Approval, and then subsequently addressed how each Condition was met. Subdivision #288 was granted Preliminary Plat approval by the City of Kalispell on September 2, 2014. The preliminary Plat will expire on September 2, 2017. 1. That the final plat is in substantial compliance with the preliminary plat. This condition is met. The subdivision is in substantial compliance with the approved preliminary plat. 2. That the right-of-way frontages along 181h Street East shall be improved to City standards or adequately bonded for and shall include a landscape boulevard and sidewalk. The plan for improvements shall be reviewed and approved by the Public Works Department and the Parks Department and Recreation Department and installed prior to final plat. This condition is met. All of the improvements where installed and certified as complete along 18t" Street. The applicants are proposing to bond for the sidewalk along 3rd Avenue East. Ryan Mitchell PE, of RPA, provided an estimate for the sidewalk of $4,300.00. The applicants have provided a Cashier's Check to the City for the work in the amount of $5375.00 (125% of Estimate). 3. A municipal facilities exemption shall be obtained from the Montana Department of Environmental Quality and a Letter from the Kalispell Public Works Department stating that the municipal water and sewer are available and will be provided to the lot. Existing and new utility easements shall be shown on the final plat. This condition is met. See the attached MDEQ approval EQ#15-1540. 4. A cross -easement that provides for motorized and non -motorized ingress and egress and shared parking shall be granted. The easement shall remain in effect in perpetuity, or until such time as both parties mutually agree to revise said easement. The recording number of the easement shall be placed on the final plat. Subdivision #288 PaLye 1 This condition is met. A declaration of Easement and Covenant is supplied with this application 5. The access design for the lots shall meet the provisions outlined in Chapter 5 on the International Fire Code (2009) regarding fire service features and design shall be reviewed and approved by the Kalispell Fire Department. Prior to combustible construction, all weather driving surfaces, water supply infrastructure, hydrants and street signs need to be in place. This condition is met for Lot 1. Lot 2 will comply with this on -going condition when the owners are ready to develop the lot/building. 6. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Permit. This condition is met for Lot 1, the existing Berger King Restaurant. Lot 2 will comply with this on -going condition when the owners are ready to develop the lot/building. 7. Prior to commencement of commercial construction on the property, the proposed development shall be reviewed by the City of Kalispell Site Review Committee and Architectural Review Committee. This condition is met for Lot 1, the existing Berger King Restaurant. Lot 2 will comply with this on -going condition when the owners are ready to develop the lot/building. 8. This waiver of preliminary plat approval is valid for three years and will expire on September 2, 2017. This condition is met. The final plat application is presented prior to expiration. Thank you for your kind consideration of this application. If you should have any further questions or concerns, please do not hesitate to call. Sincerely, Eric H. Mulcahy, AICP Sands Surveying, Inc. Attach: Final Plat Application Application Fee - $1050.00 Cashiers Check for $5,375.00 Cover Letter (1/16/15) Letter — RPA (10/16/14) Letter — Kalispell Public Works () MDEQ Cert. — EQ#15-1540 (12/23/14) Title Report — File # 61707; Guarantee # G-2222-000065193 (2/20/15) Consent to Plat — Stockman Bank of Montana Tax Cert (3/19/15) FINAL PLAT APPLICATION Project /Subdivision Name: Subdivision No. 288 Contact Person: Name: Big Sky King Properties LLC, Attn: Jan Rehberg Address: 4401 Highway 3 Billings, MT 59106 Phone No.: (406) 698-7735 Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisDell.com/planning Owner 8v Mailing Address: Same Date of Preliminary Plat Approval: September 2, 2014. Type of Subdivision: Residential Industrial Commercial X PUD Other Total Number of Lots in Subdivision 2 Lots Land in Project (acres) 1.410 acres Parkland (acres) N/A Cash -in -Lieu $ N/A Exempt Yes No. of Lots by Type: Single Family Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial 2 lots Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property Lot 4 of the Amended Plat of Lots 1 - 10, Block 2, Rykers Addition to Kalispell, SW1/4 SW1/4 of Section 17, Township 28 North, Ranize 21 West. P.M.M. Flathead County, Montana, excepting therefrom that portion of land shown in Document No. 200034608450, records Flathead County, Montana, the described property will here and after be known as Subdivision No. 288 FILING FEE ATTACHED $ 1,050.00 Minor Subdivision with approved preliminary plat $400 + $125/lot Major Subdivision with approved preliminary plat $800 + $125/lot Subdivisions with Waiver of Preliminary Plat $800 + $125 / lot Subdivision Improvements Agreement $50 Attached Not Applicable (MUST CHECK ONE) Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) 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 11X17 Copy 11X17 Copy **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 submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, 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 Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applicatiops be 4c-c_ompanied with a digital copy. s Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system OA Guarantee (CLTA Form) Rev. 6-6-92 GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. ISSUED BY STEWART TITLE GUARANTY COMPANY a corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Countersigned by: Stewart title guaranty company n Z—� A41SWAiAd CaMNesi"Lae Matt Morris Main Office 00v I .qU S1.E President and CEO 211 South Main Street •' �OP�B,P,i� ••; Kalispell, MT 59901 3�r a Agent ID: 260052 '^'•, t 9 0 a rE X A?,,0 Denise C rraux Secretary Page 1 of Serial No. G-2222-000065193 GUARANTEE CONDITIONS AND STIPULATIONS Definition of Terms — The following terms when used in this Guarantee mean: (a) "the Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date; Exclusions from Coverage of this Guarantee — The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records. (c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) (1) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured; or (c) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of assurances provided. Notice of Claims to be Given by Assured Claimant — An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required, provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. No Duty to Defend or Prosecute — The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate — Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Proof of Loss or Damage — In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Options to Pay or Otherwise Settle Claims; Termination of Liability — In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. File No.: 61707 Serial No.: G-2222-000065193 Page 2 The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a Iienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such Purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of the indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its option under Paragraph 5, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To Pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5. S. Determination and Extent of Liability — This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as sated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 9. Limitation of Liability — (a) If the Company establishes the title or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Liability or Termination of Liability — All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. 11. Payment of Loss (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 12. Subrogation Upon Payment or Settlement — Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest and costs of collection. 13. Arbitration — Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an aribitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Guarantee; Guarantee Entire Contract — (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. Notices, Where Sent— All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029. File No.: 61707 Serial No.: G-2222-000065193 Page 3 MT Subdivision Guarantee 14 SUBDIVISION GUARANTEE SCHEDULE A File No.: 61707 Date of Guarantee: February 20, 2015 at 5:00 P.M. Liability: $1,000.00 A. Assured: Sands Surveying, Inc. B. Assurances: 1. Description of the land: Guarantee No.: G-2222-000065193 Premium: $125.00 A tract of land known as Lot 4 of the Amended Plat of Lots 1-10 Block 2, Ryker Addition to Kalispell, records of Flathead County, Montana in the Southwest Quarter of the Southwest Quarter, Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Excepting therefrom the portion of land shown in Document No. 200034608450, records of Flathead County, Montana. 2. Name of Proposed Subdivision Plat or Condominium Map: Subdivision No. 288 3. That the only hereafter named parties appear to have an interest showing in the public records affecting the land necessitating their execution of the name proposed plat or map area as follows: Big Sky King Properties, LLC - Vested Owner Stockman Bank of Montana - Mortgagee File No.: 61707 MT Subdivision Guarantee Page 1 of 3 STEWART TITLE GUARANTY COMPANY MT Subdivision Guarantee 14 File No.: 61707 Guarantee No.: G-2222-000065193 SUBJECT TO: 1. Real estate taxes or special assessments for the year 2015, that are not yet due or payable. For informational purposes only, do not rely upon for a tax payment. Flathead County records indicate the taxes for the year 2014 are: FIRST HALF: $5,453.00 PAID SECOND HALF: $5,452.98 NOT PAID TOTAL: $10,905.98 Assessor No.: 75-0504044 Tax Roll No.: 50792 3. Easement granted to Mountain State Power Company, recorded June 23, 1939 under Recorder's Fee #1855, in Book 236, Page 56, records of Flathead County, Montana. 4. Easement granted to Mountain States Power Company, recorded September 12, 1952 under Recorder's Fee #4699, in Book 343, Page 198, records of Flathead County, Montana. 5. Easement for private road and utility granted to City Service, Inc., of Kalispell and Outlaw, Inc., a Montana corporation, recorded October 15, 1975 under Recorder's Fee #9599, in Book 587, Page 375, records of Flathead County, Montana. 6. Easement granted to the Montana Power Company, recorded September 28, 1982 under Recorder's Fee #14320, in Book 750, Page 43, records of Flathead County, Montana. 7. Easement granted to Pacific Power & Light Company, recorded October 27, 1982 under Recorder's Fee #16027, Book 750, Page 837, records of Flathead County, Montana. 8. Terms and conditions of Designation of Limited Access Highway, recorded October 25, 1991 as Document #9129815550, records of Flathead County, Montana. 9. Easement granted to Pacificorp, a corporation, dba Pacific Power & Light Company, recorded May 9, 1997 as Document #199712909580, records of Flathead County, Montana. 10. Resolution No. 4398 regarding the the properly aligning 18th Street between #rd Avenue East and U.. S. Highway #93 South, recorded June 4, 1998 as Document #199815512020, records of Flathead County, Montana. 11. Easement recorded June 8, 1998 as Document #199815916400, records of Flathead County, Montana. 12. Private Road, Access and View Easement Agreement by and between Kalispell Hospitality Company, Inc. and Mountain West Properties, LLC recorded July 20, 2007 as Document #200700021793, records of Flathead County, Montana. 13. Notice of Right to Claim a Lien claimed by Sun Electrical Contractors, Inc., against Big Sky King Properties, LLC, recorded July 22, 2014 as Document #201400013383, records of Flathead County, Montana. File No.: 61707 MT Subdivision Guarantee STEWART TITLE Page 2 of 3 GUARANTY COMPANY MT Subdivision Guarantee 14 14. Mortgage dated August 14, 2014, to secure payment of $1,722,882.25, together with interest and any other obligations secured thereby, recorded August 18, 2014 as Document #201400015886, records of Flathead County, Montana. Mortgagor: Big Sky King Properties LLC and Rehberg Ranch Land and Livestock LLC Mortgagee: Stockman Bank of Montana Affect: Premises and other property 15. Right of Way Easement to Flathead Electric Cooperative, Inc., recorded August 22, 2014 as Document #201400016438, records of Flathead County, Montana. 16. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey No. 2145, 6916, 7559, 13425, but deleting any covenant, conditions or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 17. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by the plat(s) of the Amended Plat of Lots 1-10 Block 2 of Ryker Addition to Kalispell, but deleting any covenant, conditions or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). Survey/Plat, when recorded, must be in compliance with the provisions of the Montana Subdivision and Platting Act, 1973, (Sections 76-3-101 M.C.A. through 76-3-614 M.C.A.) and the regulations adopted pursuant thereto. Easements, conditions and restrictions as disclosed or to be disclosed on proposed Survey/Plat to be recorded prior to or as part of this transaction. File No.: 61707 MT Subdivision Guarantee STEWART TITLE Page 3 of 3 GUARANTY COMPANY STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the Yes No business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non -financial companies. Our affiliates may include companies with a Stewart name, financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information No We don't share about your creditworthiness. For our affiliates to market to you — For your convenience, Yes Yes, send your first and last name, the Stewart has developed a means for you to opt out from its affiliates email address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies No We don't share not related by common ownership or control. They can be financial and non -financial companies. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. (We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? ■ request insurance -related services ■ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affMates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at. Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 61707 Page 1 Revised 11-19-2013 STG Privacy Notice 2 (Rev 01/26/09) Independent Agencies and Unaffiliated Escrow Agents WHAT DO/DOES THE Sterling Title Services - Kalispell Branch (Main) DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Sterling Title Services - Kalispell Branch (Main), and its affiliates (" N/A "), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as Sterling Title Services - Kalispell Branch (Main), need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing Yes No customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non -financial companies. Yes No For our affiliates' everyday business purposes— information about your N o We don't share creditworthiness. For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by No We don't share common ownership or control. They can be financial and non -financial companies. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do/does Sterling Title Services - We must notify you about our sharing practices when you request a transaction. Kalispell Branch (Main) notify me about their practices? How do/does Sterling Title Services - To protect your personal information from unauthorized access and use, we use Kalispell Branch (Main) protect my personal security measures that comply with federal and state law. These measures information? include computer, file, and building safeguards. How do/does Sterling Title Services - We collect your personal information, for example, when you Kalispell Branch (Main) collect my personal information? request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. 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Cole Cole Law Firm, PLLC 3860 Avenue B, Suite C West Billings, MT 59102-6273 IIIIIIIIIIIIIIiIIIIIIIIIIIIIINIIIIIIIIIINIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIi1IIIIII Pageo10 f 262 Paula Robinson, Flathead coup MT b WC Fees: 514.00 M Y 10/31(20133:52 PM ;'na u) - i"t— WARRANTY DEED FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged on this DQ-I" day of October, 2013, the undersigned, MOUNTAIN WEST PROPERTIES, LLC ("Grantor"), of 1225 Cedar Street, Helena, Montana 59601, hereby grants unto BIG SKY KING PROPERTIES, LLC ("Grantee"), of 4401 US Highway 3, Billings, Montana 59106, and to its successors and assigns, forever, the real property situated in Flathead County, Montana described as follows: Lot 4 of the Amended Plat of Lots 1-10 in Block 2 of Ryker Addition to Kalispell, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Q Flathead County, Montana. TOGETHER WITH all the improvements, tenements, state and federal leases, mineral rights, water rights, hereditaments, and appurtenances thereto belonging, the reversion and reversions, remainder and remainders, rents, issues and profits thereof or used in connection therewith or in any way pertaining thereto. Jc(a SUBJECT TO the following: yam-, (a) All reservations, exceptions and restrictions in patents from the United States or the State of �3 Montana; (b) All building, use, zoning, health, sanitation, environmental and similar laws, restrictions, Q ordinances, rules and regulations; 0 Q (c) All general and special taxes and assessments for 2013 and subsequent years, including such special assessments that are a lien or may have been levied but are not yet due or payable; (d) All rights, reservations, exceptions, conditions, restrictions, covenants, easements, rights -of - way, liens and encumbrances of record; (e) All prior conveyances, leases, or transfers of any interest in minerals, including oil, gas, and other hydrocarbons. Except as modified by the exceptions referred to in paragraphs (a) to (e) above, this instrument is IIIIIIIIIIIIII�IIIII�IIIIIII�II IIIIIIIIIIIIIIIIIIIIII�IIII�IIIII�IIIIIIIIIIIIII IIIIIII Pagc 2 of 2 62 Fees. $14.00 10/31/2013 3:52 PM given with the usual covenants expressed in Sections 30-11-109 and 30-11-110, Montana Code Annotated. IN WITNESS WHEREOF, the Grantor has executed this instrument the day and year first above written or, if no date is shown above or that date is contrary to the date indicated by the notary's certificate below, on the date indicated by the notary's certificate. Mountain West Properties, LLC By: Richard E. Hart, Member STATE OF MONTANA :ss. County of This instrument was acknowledged before me on the day of October, 2013, by Richard E. Hart, Member of Mountain West Properties, LLC. r R. CONNIE ROBINSON �°�W� NOTARY PUBLIC for the state of Montana SEAL_ Residing at Clancy, Montana My commission Expires or July 22, 2016 Return to: Janice L. Rehberg Big Sky King Properties, LLC 4401 Highway 3 Billings, MT 59106 DECLARATION OF EASEMENTS and COVENANT WHEREAS, Big Sky King Properties, LLC ("Declarant") owns the real property described below: Lots 1 and 2 of Subdivision No. 288, located in Lot 4 of the Amended Plat of Lots 1 —10, Block 2, Rykers Addition to Kalispell, Southwest Quarter of the Southwest Quarter, Section 17, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, under Document No. ("Subdivision No. 288'; WHEREAS Subdivision No. 288 contains two lots which could be leased or conveyed separately; and WHEREAS it is beneficial to the Declarant to provide access across Lot 1 of Subdivision No. 288 C'Lot 1") and to provide for and define shared parking areas within Lot 1 for the benefit of and to accommodate future development of Lot 2 of Subdivision No. 288 ("Lot 2"); NOW THEREFORE, the Declarant does hereby grant, reserve and declare, for the benefit of Lot 2, the owner or owners of Lot 2, and the owners, tenants, employees, agents, customers, and invitees of any commercial enterprise located thereon (collectively "Lot 2 Users") the following easements described herein across, under and through Lot 1, said easements to become effective either upon the filing of this Declaration or the subsequent transfer of either Lot 1 or Lot 2 by Declarant to any third person or entity, whichever is first legally necessary or sufficient to permit the creation of the subject easements: Section 1. A nonexclusive easement for (a) ingress and egress by Lot 2 Users by vehicular and pedestrian traffic and (b) for the loading and unloading of commercial and other vehicles in conjunction with the operation of any commercial activity located on Lot 2, upon, over and across such driveways and parking lots as may presently exist or hereafter be constructed on Lot 1, excluding any drive -through lanes servicing any restaurant or other business constructed on Lot 1, which shall remain under the sole and exclusive control of the owner or tenant of such business, and provided further that no vehicle, wherever located, shall be allowed to block or otherwise interfere with the normal operation of such drive -through travel lanes, driveways, or parking lots; and Declaration of Easement Page 1 of 2 Section 2. A nonexclusive easement for the parking of commercial and other vehicles by any Lot 2 User on any parking space located in the area of Lot 1 identified in Exhibit A as "SHARED PARKING." Parking spaces located in the area identified in Exhibit A as 'TOT 2 PARKING' shall be reserved solely for use by Lot 2 Users, and parking spaces located in the areas identified on Exhibit A as "LOT 1 PARKING" shall be reserved solely for the use and benefit of Lot 1, the owner or owners of Lot 1, and the owners, tenants, employees, agents, customers, and invitees of any commercial enterprise located on Lot 1. The number of parking spaces established with the areas designated as SHARED PARKING shall be sufficient, when added to other parking located on Lot 1 and Lot 2, to satisfy the minimum number or parking spaces required under the Kalispell Zoning Ordinance for the commercial enterprises located on Lot 1 and Lot 2; provided, however, that the minimum parking requirements for any future commercial enterprise constructed on Lot 2 must be met without reducing the number of spaces available to satisfy the minimum, parking requirements for the now existing commercial enterprise located on Lot 1. FURTHER, the Declarant covenants that the area designated as SHARED PARKING shall be maintained as a parking lot so long as the building(s) or use(s) served by the parking area is(are) in operation or until another suitable parking area is established to the satisfaction of the Zoning Administrator of The City of Kalispell. "DECLARANT" Janice L. Rehberg, President and Mer BIG SKY DING PROPERTIES, LLC STATE OF MONTANA ss. COUNTY OF YELLOWSTONE ) This instrument was acknowledged before me on the � day of 0 , 2015, by Janice L. Rehberg, president and member of Big Sky King Properties, LLC. `PpT. poi, BARBARA I POWELSON NOTARY PUBLIC for the State of MONTANA SEAL . ate; Residing at Billings, Montana MY COMM. EXPIRES JAN. 5, 2018 Declaration of Easement Page 2 of 2 Return to: Theresa White Kalispell City Clerk 201 1 st Avenue East Kalispell, MT 59901 SUBDIVISION IMPROVEMENTS AGREEMENTS THIS AGREEMENT, made and entered into this day of , 2015, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the "City", and BIG SKY KING PROPERTIES, LLC, a Montana Limited Liability Company, located at 4401 Highway 3, Billings, MT 59106 Party of the Second Part and hereinafter referred to as " Subdivider". WITNESSETH: THAT WHEREAS, the Subdivider is the owner and subdivider of a new subdivision known as Subdivision No. 288 located on Lot 4 of the Amended Plat of Lots I -10, Block 2, Rykers Addition to Kalispell, SW'/4 SW'/4 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana; WHEREAS, the City has conditioned its approval of the final plat of Subdivision No. 288 upon the conditions as set forth in the Waiver of Preliminary Plat Approval — Subdivision No. 288, included herewith as Exhibit "A", being completed; the improvements, as cited in "Exhibit A" have not been completed at this time; and the Subdivider wishes to provide security for the completion of those improvements set forth in "Exhibit A'; and WHEREAS, the City's Subdivision Regulations require that a Subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by the depiction and cost estimate prepared by a licensed public engineer included herewith as "Exhibit B'; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $9,125.00. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, Subdivider hereby agrees as follows: 1. The Subdivider shall deposit as collateral with the City Cashier's Checks in the amount of $9,125.00 as collateral for completion of the improvements; 2. The City shall deposit the proceeds of the check into the City's Performance Bond Fund; 3. If the Subdivider fails to complete the specified improvements within the required period, the City may immediately, and without further action, use such funds as are necessary to finance the completion of those improvements and return any unused funds to the Subdivider; 4. The required improvements shall be fully completed by May 25, 2016; 5. Upon completion of the required improvements, the Subdivider shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. The improvements are in compliance with the minimum standards specified by the City for their construction and that the Subdivider warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. The Subdivider knows of no defects in those improvements; d. The improvements are free and clear of any encumbrances or liens; e. A schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 6. The Subdivider shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: The Subdivider shall provide for inspection of all required improvements by a registered professional engineer before the Subdivider shall be released from the Subdivision Improvement Agreement. If the City determines that the improvements are constructed in compliance with the specifications, it shall release the amount deposited in Subdivider's Performance Bond account to Subdivider. If the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Subdivider with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Subdivider will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Subdivider. IN WITNESS WIIEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. BIG SKY KING PROPERTIES, L C B Janice L. Rehberg, Mem e &President State of Montana County of Yellowstone This mst °as signed or acknowledgedbefore me on a-607-IS by Janice L. Rehberg acting in ��o pacify of membe and pres' ent on behalf of BIG SKY G PROPERTIES, LLC. � jGam' 7. Signaaur'e MAYOR, CITY OF KALISPELL MAYOR s I , JANKE L, 0068 NOTARY PUBUC krthe Stats of Montana 'q SCAL .4e lteelding at Billings, Montana F O My commisalon Expires Juno 23, 2016 ATTEST: CITY CLERK 3 FUTURE Ik4PROVth4FNTS SHO'-);N ON THIS SHEET ARE PIRL11MINARY tNTENDFD- FOR PLANNING PURPOSES ONLY <AEue smsT� CRL FUTURE CONCRL r- TI IS -,RIND 4dLF orW F 'UT(a.N - E WAY fro EXHIBIT "B" Page I lafhSTRWrEAST BUILDING -PUTUPE SIDEWAull .0 BE BONDED FOR) 'j(T Lr- *U TURE ANGLE PARKING Exhibit "B" Page 2 ESTIMATE OF • •COSTS SUBDIVISION #288 Robert Peccia & Associates, Inc. 825 Custer Avenue * Helena * Montana * (406) 447-5000 102 Cooperative Way, Suite 300 * Kalispell * Montana * (406) 752-5025 Item No. Quantity Unit Unit Description Engineer's Estimate Unit Price (Figures) Total Price (Figures) Base Bid 1 107 ILF )Curb & Gutter $20.00 $2,140.00 2 ' 70 1SY Concrete Sidewalk - 4" Thick $45.00 $3,150.00 3 6 3EA jDetectable Waming Plates - Cast Iron $340.00 $2,040.00 TOTAL ESTIMATED CONSTRUCTION COSTS Rounded $7,300.00 Montana Department of Steve ` EWIGovernor RO E AL QUALITY Tracy Stone -Manning, Director P. O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • Website: www.deq.mt.gov December 23, 2014 Ryan Mitchell PE PLS Robert Peccia & Associates PO Box 5100 Kalispell MT 59903 RE: Subdivision #288 Municipal Facilities Exclusion EQ#15-1540 City of Kalispell Flathead County Dear Mr Mitchell; 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 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 176-4-111 (3), MCA}. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in 'Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, c %� anet Skaarland Compliance Specialist Subdivision Section (406) 444-1801 — email j skaarland(a�mt. ov cc: City Engineer County Sanitarian file Enforcement Division - Permitting & Compliance Division - Planning, Prevention & Assistance Division - Remediation Division 03/19/2015 12:08 FAX 406 758 5519 FLTH CNTY PLATROOM [a001 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: RPA FOR: Big Sky King Prop LLC DATE: 12/18/2014 DESCP : Subdivision No 288 M of AMD PURPOSE : Sub L1-10 B2 Ryker Add to Kalispell) YEARS ASSESSOR # 11 thru 2014 0504004 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 �_ (teal) Planning Department 201 15t Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kaUspell.com/planning September 2, 2014 Eric Mulcahy, AICP Sands Surveying, Inc. 2 Village Loop Road Kalispell, Montana 59901 Re: Waiver of Preliminary Plat Approval — Subdivision #288 (Burger King) Dear Mr. Mulcahy: This letter is in response to your request for waiver of preliminary plat to subdivide one 1.141-acre parcel into two lots. The proposed lot is to be located on 18th Street East, near the intersection of U.S. Highway 93 South. The address for the parent property is 205 18'h Street East, Kalispell. The property is zoned B-2 (General Business). The property can be legally described as Lot 4 of the Amended Plat of Lots 1-10, Block 2, Rykers Addition to Kalispell, in the southwest t/ of the southwest 1/, of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.. Our office finds that the proposed subdivision meets the preliminary plat waiver criteria as provided under Section 2.06 of the Kalispell Subdivision Regulations. Specifically it meets the following criteria if the applicants agree to these terms: (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: Prior to final plat That the final plat is in substantial compliance with the preliminary plat that was waived. The rights -of -way frontages along 18th Street East and 3rd Avenue East shall be improved to city standards or adequately bonded for and shall include a landscaped boulevard and sidewalk. The plan for improvements shall be reviewed and approved by the Public Works Department and the Parks and Recreation Department and installed prior to final plat. A municipal facilities exemption shall be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer are available and will be provided to the lot. Existing and new utility easements shall be shown on the final plat. 4. A cross -easement that provides for motorized and non -motorized ingress and egress and shared parking shall be granted. The easement shall remain in effect in perpetuity, or until such time as both parties mutually agree to revise said easement. The recording number of the easement shall be placed on the final plat. On -going conditions 5. The access design for the lots shall meet the provisions outlined in Chapter 5 of the International Fire Code (2009) regarding fire service features and the design shall be reviewed and approved by the Kalispell Fire Department. Prior to combustible construction, all-weather driving surfaces, water supply infrastructure, hydrants and street signs need to be in place. 6. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. 7. Prior to commencement of commercial construction on the property, the proposed development shall be reviewed and approved by the City of Kalispell Site Review Committee and Architectural Review Committee. This waiver of preliminary plat approval is valid for three years and will expire on September 2, 2017. Waiver of preliminary plat approval does not constitute approval of the subdivision, nor does it constitute approval of the site plan for the proposed lot. 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 contact me. Sincerely, Tom Jentz Director Attachment: Exhibit A (sketch of preliminary plat) ROBERT PECCIA & ASSOCIATES FILE COG' October 16, 2014 Keith Haskins, P.E. City of Kalispell 201 1st Avenue East Kalispell, MT 59901 RE: Subdivision #288 (Burger King) Municipal Facilities Exclusion Checklist Keith, Attached you will find the following items in regard to the above referenced project: • Copy of Kalispell Planning Department Waiver of Preliminary Plat Approval • MFE Checklist; • Copy of the Preliminary Plat; • Copy of applicable zoning ordinances; • Vicinity Map; • Approval Letter from the City for the Burger King Project; • Copy of Drainage Report • Copy of Water and Sewer Report We are requesting that you review the attached items and sign the MFE, if you approve. Additionally, the Owner will need to provide a bond for the improvements along P Ave E. We have estimated that the bond should be for an amount of $4,300 ($65/sy for concrete sidewalk with 66 SY (120 feet by 5 feet). Thank you and please do not hesitate to contact us if you have any questions or need additional information. Sincerely, ROBERT PECCIA & ASSOCIATES Ryan E. Mitchell, PE, PLS Project Manager Cc: File K:\Kal-Proj-Data\t4100.000 - 2014 Kalispell Misc ProjectsThase 016 -Burger King Final Plat\l41016.k1Utr.doc MELENA. MT KAUSPELL, MT FORT COLONS. CO PQ Box 5653 P.O. Box 5100 400 Remington Street, 825 Custer Avenue 102 Cooperative Way, Suite 300 Suite B Helena. MT 59604 Kalispell, MT 59903 Fort Collins. CO 80524 Tele 406.447.5000 Tele 406.752 5025 Tele 970.494.3206 Fax 406.447.5W6 Fax 406,752.5024 Fax 970,484.3209 CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, Stockman Bank of Montana, as Mortgagee dated August 14, 2014 to secure payment of $1,722,882.25.00, recorded Agust 18, 2014 as Document #201400015886, hereby consents to the Platting of a tract of land to be known and named as Subdivision #288. IN WITNESS WHERE OF, said party has caused their name to be subscribed hereto on the lye, day of hn 20_lt ignaturre: Printed Name andTitle: STATE OF 9 V `b Af a-.dt cx -- SS COUNTY OF yt C O U )5fD (C. On this I day of (' , 20�, before me a Notary Public for the State of ANo ri-}-o-4ip, , perso ally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. "z' �Z'41 4 Si tar Printed Name of Notary aA C�'►ti- Notary Public for State of Residing at: 6� kl� VAS My Commission Express: 11 1() -11-1-1 BAN sue; : MECAN SMITH "VA NOTARY PUBLIC _ for the State of MONTANA .AT Residing at Billings, Montana MY COMM. EXPIRES OCL f 7, 20f 7