H4. Reso 5797 - Final PlatPLANNING FOR THE FUTURE
MONTANA
REPORT TO: Doug Russell, City Manager DQt-
FROM: Jarod Nygren, Senior Planner
SUBJECT: Final Plat request for 11 Main Solutions Subdivision
MEETING DATE: January 3, 2017
Planning Department
201 15t Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kali5ppil.com/planning
BACKGROUND: Our office has received an application for final plat approval from Marquardt Surveying
on the behalf of Lucero Roybal Investments, LLC for a two lot subdivision. The Planning Department
waived the preliminary plat on August 11, 2016 subject to three (3) 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 findings of fact for approval of the plat are found in attached staff report KWP-16-02.
The proposed subdivision is located at the northeast corner of the intersection of V Avenue East and lst Street
East. The subject property can be legally described as Lot 2 of Block 37, lying in the SE4 of Section 7,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
RECOMMENDATION: It is recommended that the City Council make a motion to adopt the findings of
fact in staff report KWP-16-02 and approve the resolution to create the two lot subdivision.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
Report compiled: December 27, 2016
ATTACHMENTS: Resolution 5797
Final Plat
Final plat compliance letter, staff report KWP-16-02 and associated attachments.
Aimee Brunckhorst, Kalispell City Clerk
RESOLUTION NO.5797
A RESOLUTION APPROVING THE FINAL PLAT FOR 11 MAIN SOLUTIONS, DESCRIBED AS
BEING IN LOT 2 OF BLOCK 37, LYING IN THE SE4 OF SECTION 7, TOWNSHIP 28 NORTH,
RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Lucero Roybal Investments, LLC, the owner 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 August 11, 2016 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), subj ect to
three conditions, all of which have been met; and
WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report
(#KWP-16-02) 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 1. That the Findings of Fact contained in Kalispell Planning Department Report #
KWP-16-02 are hereby adopted as the Findings of Fact of the City Council.
SECTION 2. That the application of Lucero Roybal Investments, LLC, the owner of the certain
real property described as being in Lot 2 of Block 37, lying in the SE4 of Section 7,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and to be
known as 11 Main Solutions Subdivision is hereby approved.
SECTION 3. The classification of said premises under the Kalispell Zoning Ordinance shall not be
changed by the action.
SECTION 4. 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 3RD DAY OF JANUARY, 2017.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
December 27, 2016
Doug Russell, City Manager
City of Kalispell
201 1st Avenue East
Kalispell, MT 59901
Re: Final Plat for 11 Main Solutions Subdivision
Dear Doug:
Our office has received an application for final plat approval from Marquardt Surveying on the behalf of
Lucero Roybal Investments, LLC for a two lot subdivision. The Planning Department waived the preliminary
plat on August 11, 2016 subject to three (3) 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
findings of fact for approval of the plat are found in attached staff report KWP-16-02.
The proposed subdivision is located at the northeast corner of the intersection of I" Avenue East and lst Street
East. The subject property can be legally described as Lot 2 of Block 37, lying in the SE4 of Section 7,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
COMPLIANCE WITH CONDITIONS OF APPROVAL:
Prior to final plat:
1. 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 August 11, 2016.
2. This waiver of preliminary plat approval is valid for three years and will expire on August 11, 2019.
Staff Response: This condition has been met. The waiver of preliminary plant granted is valid for three
years and will expire on August 11, 2019. Accordingly, the waiver of preliminary plat is still valid for
approximately 32 months.
A municipal facilities exemption (MFE) 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 found
that an MFE was not required for this subdivision since it will remain a parking lot.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was waived on August 11, 2016.
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-4 Zoning designation, which
governs the dimensional requirements of the lots within the subdivision as well as the uses.
RECOMMENDATION:
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 11 Main
Solutions. Please schedule this matter for the regular City Council meeting on January 3, 2017.
Attachments: - 2 Mylars of final plat
- 1 — 11 x 17 copy of final plat
- Staff Report KWP-16-02
- Applicant responses and final plat application dated 12/02/2016
- Final Plat Application
- Tax Certification dated 12/02/2016
- First American Title Company Guarantee, 5010500-611217-CT dated 10/20/2016
- Montana Department of Environmental Quality email dated 9/20/2016
- Waiver of Preliminary Plat Approval dated 8/11/2016
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: Kevin Nelson, Marquardt Surveying
201 3rd Avenue West
Kalispell, MT 59901
FINAL PLAT FOR 11 MAIN SOLUTIONS SUBDIVISION
KALISPELL PLANNING DEPARTMENT
STAFF REPORT KWP-16-02
REVIEW AND FINDINGS OF FACT
December 27, 2016
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
August 11, 2016 with 3 conditions of approval.
BACKGROUND: A request for a final plat approval to subdivide one .20 acre parcel
into two lots consisting of .12 and .08 acres. Both of the properties to be subdivided
are zoned B-4. The .20 acre parcel is currently developed with the Body Shop (retail)
and parking. The preliminary plat was waived on August 11, 2016 subject to 3
conditions because it was found that the proposed subdivision met the criteria for
preliminary plat waiver as outlined in Section 28.2.08 of the Kalispell Subdivision
Regulations.
A. Applicant: Lucero Roybal Investments, LLC
11 Main Street
Kalispell, MT 59901
Technical Assistance: Marquardt Surveying
Kevin Nelson
201 3rd Avenue West
Kalispell, MT 59901
B. Location and Size: The proposed subdivision is located at the northeast corner
of the intersection of 1st Avenue East and 1st Street East. The subject property
can be legally described as Lot 2 of Block 37, lying in the SE4 of Section 7,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
Total area: .20
Lot 1: .12 acres
Lot 2: .08 acres
C. Existing and Adjacent Land Uses: Lot 1 is developed with a retail building
known as the Body Shop. Lot 2 is parking area that has historically served as
parking for the building located on Lot 1. The immediate area is characterized as
commercial with office, restaurant and retail uses.
D. Zoning: The subject property is within the B-4 Zoning District. The properties
are located within the downtown area, which is a business district intended to
form the center for financial, commercial, governmental, professional and
cultural activities.
E. Relation to Growth Policy: The Kalispell Growth Policy Map designates the .20
acre project site as commercial, which provides the basis for the B-4 Zoning
designation. The growth policy map lists uses such as retail, offices, services,
1
mixed use developments and residential as appropriate land uses in the
commercial land use designation.
F. Utilities/Services:
Sewer service:
Water service:
Solid Waste:
Gas:
Electric:
Phone:
Police:
Fire:
Schools:
City of Kalispell
City of Kalispell
City of Kalispell
Northwestern Energy
Flathead Electric Cooperative
CenturyL•ink
City of Kalispell
City of Kalispell
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.
Both lots within the subdivision abut improved streets that have 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 1810J.
Access:
Access to the subdivision would be provided by 1st Avenue East and 1ST Street
East. lst Avenue East and 1st Street East are both improved to city standards
and provide for adequate access to the subject properties. Additionally, a 20'
access easement is located on Lot 1 providing access to Lot 2 from 1st Street
East.
On -site Improvements:
All of the on -site improvements including, street, sidewalk, water, sewer, and
storm water are existing. No additional improvements are necessary prior to
final plat being approved.
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.
2
C. Effects on the Natural Environment: The subject property exists in an
established area of Kalispell. The site is level and is not in or near a designated
100-year floodplain per Flood Insurance Rate Map Number 30029C 1810J, nor
is it subject to slope failure, subsidence, or severe erosion. Impacts to the
natural environment are not expected to occur as a result of this subdivision.
D. Effects on Local Services:
Sewer and Water: Lot 1 will continue to be served by existing water and sewer
service lines. Lot 2 will continue to be a parking lot, thus water and sewer are
not needed at this time. The Montana Department of Environmental Quality
(MDEQ) has indicated a municipal facilities exemption (MFE) is not necessary
since Lot 2 will remain a parking lot without sewer and water services.
Access and Roads: Access to the subdivision would be provided by 1st Avenue
East and 1st Street East. 1st Avenue East and 1st Street East are improved to
city standards and provide for adequate access to the subject property.
Schools: This site is within the boundaries of School District #5. Section 76-3-
608(1) of the Montana Code Annotated states that the governing body may not
deny approval of a proposed subdivision based solely on the subdivision's
impacts on educational services. This project will have no impact on schools.
Parks: Parkland is not required since the subdivision is commercial.
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 recently 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
3
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 subject property is
within the B-4 Zoning District. The B-4 Zoning District does not have minimum
lot size and minimum lot width requirements. The existing business located on
Lot 1 (Body Shop) will lose parking with the subdivision; however, the subject
property is located within Parking District No. 3 (Downtown). Properties located
within Parking District No.3 are not required to provide for off-street parking.
Therefore, although the business is losing parking with the subdivision, it is
still in compliance since parking is not required.
H. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Map
designates the .20 acre property 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-16-02 as
findings of fact for the proposed subdivision and approve the final plat.
L,
PLANNING FOR THE FUTURE
MOAT"A
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
{pax: (406) 758-7739
ww«,.kalisnell.com/nlanninp
FINAL PLAT APPLICATION
Project /Subdivision Name: 11 Main SolutimSubdivision.
Contact Person:
Owner & Mailing Address:
Name: Kevin Nelson Lucero Roybal Investments LL .
Address: 201 3rd Ave W 11 Main ST., Kalispell, MT 59901
Kalispell, MT 59901
Phone No.: 755-6284
Date of Preliminary Plat Approval: August l lth. 2016
Type of Subdivision: Residential Industrial Commercial __PUD Other
Total Number of Lots in Subdivision 2
Land in Project (acres) _ 0.201
Parkland (acres) 0 Cash -in -Lieu $ 0 Exempt X
No. of Lots by Type:
Single Family Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Cornmcrrial 2 Industrial Planned Unit Development
Condominium Multi -Family Other
Legal Description of the Property Lot 2 of Block 37 of Kalispell, lying in the SE 1 /4 of Section 7
Township 28 N, Range 21 W.
FILING FEE ATTACHED $ $1,050
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)
X Health Department Certification (Original)
X Title Report (Original, not more than 90 days old)
_ X Tax Certification (Property taxes must be paid)
X Consent(s) to Plat (Originals and notarized)
X Subdivision Improvements Agreement (Attach collateral)
X Parkland Cash -in -Lieu (Check attached)
_X Maintenance Agreement
X Plats: 2 mylars 1 11X17 Copy
1 full size copy 1 Electronic 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 all
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.
Ple se \advised that the County Clerk & Recorder requests that all subdivision
a scat s be accompanied with a digital copy.
er(s) �fgnature
r.
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 tic to either an existing subdivision corner or a corner of the public land survey system
2
GUARANTEE
Issued by
Insured Titles
44 4th Street West/P, O. Box 188, Kalispell MT 59901
Title Officer: Sheri Smith
Phone: (406)755-5028
FAX.• (406)755--3299
Form 5010500 (7-1-14) Page 1 of 8 Guarantee Face Paqe - Exclusions, Conditions and Stioulations
Form 5010500 (7-1-14)
First American Title
Guarantee
. ......... -
First American 'ritle fnsurar2ce Company
j C31E1 nun}
Guarantee Face Page -Exclusions, Conditions and Stipulations
Guarantee Face Page
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
5010500-611217-FT
— — ---- - ----
'Ve
z
Form 5010500 (7-1-14) Page 2 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters against the title, whether or not shown by the
public records.
(b) (1) Taxes or assessments of any taxing authority that
levies taxes or assessments on real property; or, (2)
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether
or not the matters excluded under (1) or (2) are shown
by the records of the taxing authority or by the public
records.
(c) (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 under (1), (2) or (3) are
shown by the public records.
2. Notwithstanding any specific assurances which are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters affecting the 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 to which such land abuts, or the right to
maintain therein vaults, tunnels, ramps or any structure
or improvements; or any rights or easements therein,
unless such property, rights or easements are expressly
and specifically set forth in said description,
(b) Defects, liens, encumbrances, adverse claims or other
matters, whether or not shown b`y' the pubii%
which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss
to the Assured; or (3) 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 the
assurances provided.
(c) The identity of any party shown or referred to in
Schedule A.
(d) The validity, legal effect or priority of any matter shown
or referred to in this Guarantee
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in the 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.
2. NOTICE OF CLAIM 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
unless the Company shall be prejudiced by the failure and
then only to the extent of the prejudice
3. 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.
4. 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 3 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 4(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
Form 5010500 (7-1-14) Page 3 of 8 Guarantee Face Pace - Exclusions. Conditions and Stint idatinns
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
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.
S. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section z
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.
6. 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.
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 lienholder, 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 such 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 options under
Paragraph 4, 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 prosection of any litigation for
which the Company has exercised its options under
Paragraph 4.
7. 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
Form 5010500 (7-1-14) Page 4 of 8
Guarantee Face Page - Exclusions, Conditions and Stipulations
8.
9.
10
11
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
Exclusions From Coverage of This Guarantee,
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 or in Part 2;
(b) the amount of the unpaid principal indebtedness secured
by the mortgage of an Assured mortgagee, as limited or
provided under Section 6 of these Conditions and
Stipulations or as reduced under Section 9 of these
Conditions and Stipulations, at the time the loss or
damage assured against by this Guarantee occurs,
toqether with interest thereon: or
(c) the difference between the value of the estate or interest
covered hereby as stated herein and the value of the
estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
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.
REDUCTION OF LIABILITY OR TERMINATION OF
LIABILITY.
All payments under this Guarantee, except payments made
for costs, attorneys' fees and expenses pursuant to Paragraph
4 shall reduce the amount of liability pro tanto.
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,
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.
12. 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 arbitration
under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon
request.
13. LIABILITY LIMIT€D 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.
14. 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 First American Title
Insurance Company, Attn: Claims National Intake
Center, 1 First American Way, Santa Ana, California
92707. Phone:888-632-1642.
Form 5010500 (7-1-14) Paoe 5 of 8 (-,iomntaa Fara Rana - Fvrhicinnc (r%nrhHnnc nnrr C}intirztinnr
Qa ,� Subdivision Guarantee
FrrstAmerican Tithe ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
Guarantee 5010500-611217-FT
Subdivision or Proposed Subdivision: 11 MAIN SOLUTIONS SUBDIVISION
Order No.: 611217-FT
Reference No.:
Fee:$150.00
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,
FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY
GUARANTEES:
Marquardt Surveying
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS,
in a sum not exceeding $5,000.00.
THAT according to those public records which, under the recording laws of the State of Montana, impart
constructive notice of matters affecting the title to the lands described on the attached legal description:
LOT 2 OF THE AMENDED PLAT OF LOTS 7-11 OF BLOCK 37 OF KALISPELL, LYING IN THE
SOUTHEAST 1/4 OF SECTION 7, TOWSHIP 28 NORTH, RANGE 21 WEST, P.M.M., CITY OF
KALISPELL, FLATHEAD COUNTY, MONTANA.
TO BE KNOWN AND DESIGNATED AS 11 MAIN SOLUTIONS SUBDIVISION.
(A) Parties having record title interest in said lands whose signatures are necessary under the
requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation
of Plats and offering for dedication any streets, roads, avenues, and other easements offered for
dedication by said Plat are:
Lucero Roybal Investments LLC and First Interstate Bank
(B) Parties holding liens or encumbrances on the title to said lands are:
1. Deed of Trust dated April 14, 2016, to secure an original indebtedness of $172,S00.00, and any
other amounts and/or obligations secured thereby
Recorded: April 15, 2016, as Instrument No. 2016-000-07147
Grantor: Lucero Roybal Investments LLC
Trustee: Insured Titles
Beneficiary: First Interstate Bank
(C) Easements, claims of easements and restriction agreements of record are:
Form 5010500 (7-1-14) Page 6 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
2. County road rights -of -way not recorded and indexed as a conveyance of record in the office of
the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any
right of the Public and the County of Flathead to use and occupy those certain roads and trails as
depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead
County.
3. 2016 taxes and special assessments are a lien; amounts are determined and payable. The first
one-half becomes delinquent after November 30th of the current year, the second one-half
becomes delinquent after May 31st of the following year.
General taxes as set forth below. Any amounts not paid when due will accrue penalties and
interest in addition to the amount stated herein:
Year 1st Half 2nd Half Parcel Number
2016 $1663.15 Unpaid $1663.12 Unpaid 0517800
4. Resolution No. 4797 for the creation of a Business Improvement District filed January 26, 2004,
as Doc. No. 2004-026-15590.
AND Resolution No. 4852 to Expand the BID filed January 26, 2004, as Doc. No. 2004-026-
16000.
5. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by Certificate of Survey No. 20251, but deleting any
covenant, condition 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).
Date of Guarantee: October 20, 2016 at 7:30 A.M.
Insured Titles
By:
Authorized Countersignature
Form 5010500 (7-1-14) Paqe 7 of 8 Guarantee Face Pao- - Exchisinns. Conrfihnns anri gtinnlatinnc
Fast American
f
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned
about what we will do :vith such information - particularly any personal or financial information. We agree that you have a right to know hour we will utilize the
personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Polio/ to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained
from any other source, such as information obtained from a public record or from another person or entity. First .American has also adopted broader guidelines
that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other
means;
Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your
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Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of
our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
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Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. We restrict access to nonpublic personal information
about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and
oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair
Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal
information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we
receive on the Internet. In general, you can visit First American or its affiliates Web sites on the World Wide Web without telling us who you are or revealing any
information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the
number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to
develop Ideas to Improve the content of our site.
There are times, however, when we may need information from you. Such as your name and email address. When information is needed, we will use our best
efforts to let you know at its time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to
respond to your inquiry, process an order or allow you to access specific account, profile information. If you choose to share any personal information with us, we
will only use It in accordance with the policies outlined above.
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FirstAni.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you
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Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance
between consumer benefits and consumer privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We
actively support an open public record and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use
and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect use and disseminate. Where possible, we will take reasonable steps to
correct inaccurate information. When, as with the public record, we cannot correct inaccurate mformation, we will take ail reasonable steps to assist consumers in
identifying the sauce of the erroneous data so that the consumer can secure the required corrections.
Education We endeavor to educate the users of our products and set -vices, our employees and others in our industry about the importance of consumer privacy.
We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect
and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form 50-PRIVACY (4.1-10) Page t of 1 I Privacy Information ( 2001.2010 First American Finanoal Corporadon)
Form 5010500 (7-1-14) Page 8 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations
20U�0�615"��
RESOLUTION NO.4797 y
A RESOLUTION CREATING A BUSINESS IMPROVEMENT DISTRICT PURSUANT TO
THE TERMS OF TITLE 7 CHAPTER 12 PART 11 OF M01v'TANA CODE ANNOTATED.
WHEREAS, pursuant to Title 7 Chapter 12 Part 11 of Montana Code Annotated, the City of
Kalispell is authorized to create business improvement districts; and
WHEREAS, the City of Kalispell was presented with petitions signed by the owners of more than
60% of the area of the property to be included in the district, the exterior boundaries
of which are shown on the attached Exhibit "A" and which by this reference is made
a part hereof; and
WHEREAS, the aforementioned petition requests that the City of Kalispell create a business
Z improvement district for up to ten (10) years, pursuant to Section 7-12-1141 MCA;
t\i and
Q
i WHEREAS, the purpose of said business improvement district appears to promote the health,
safety, prosperity, security and general welfare of the inhabitants of the City of
Kalispell and the proposed district, and appears to be of special benefit to the
Property within the boundaries of said proposed district as shown on the attached
Exhibit "A"; and
WHEREAS, on May 19, 2003 the Kalispell City Council issued Resolution 4792 declaring its
intent to create a business improvement district for the city of Kalispell, Montana, to
fix a date of a public hearing for June 16, 2003, and to provide for publication of
notice of said hearing; and
i WHEREAS, the City Clerk caused proper notice of passage of the resolution to be published as
provided in MCA 7-1-2121 and by mailing a copy of the notice to every of
wn
real property within the proposed district listed on the last complcted assessment roll
for state, county, and school district taxes, at the owner's last -known address, on the
same day the notice was first published or posted; and
WHEREAS, upon proper notice having been given and upon the expiration of 15 days as required
by MCA 7-12-1113, the office of City Clerk did receive a number of written
protests, although not in sufficient numbers to bar proceedings as allowed by MCA
7-12-1114 and said protests being duly considered and passed upon at a public
hearing held June, 16, 2003.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the Kalispell City Council shall and does hereby create a business
improvement district pursuant to Title 7 Chapter 12 Part 11, Montana Code
Annotated the term of which shall be ten (10) years and which shall be,
known as the "Kalispell Downtown Business Improvement District."
I
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SECTION II. Said business improvement district shall have boundaries as shown on the
attached Exhibit "A" which by this reference is made a part hereof; provided,
however, that all property classified as a commercial improvement within the
district will be included in the district. All publicly owned property and
owner -occupied single family residential property within the district are
specifically excluded from the business improvement district and are exempt
from its assessments.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 16th DAY OF 712M�2003.
ATTEST:
eresa White
City Clerk
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EXHIBIT "A"
Legal Description
Downtown Kalispell Proposed Business Improvement District
Commencing at the intersection of Main and Center Street which is the True Point of Beginning;
thence easterly along the centerline of East Center Street, 616 feet, more or less, to a southerly
extension tine of the west boundary of Lot 2, Phase I of Kalispell Market Place; thence northerly to
the southwest corner of said Lot 2; thence continuing northerly along the west boundary of Lot 2 to
the northwest comer of said Lot 2; thence easterly along the northern boundary of and to the
northeast corner of said Lot 2; thence southerly along the easterly boundary of said Lot 2 to the
southeast come.- of said Lot 2; thence continuing southerly on 2"d Avenue East to an easterly
extension line of Lot I of Block 37, Kalispell Original; thence westerly to the southeast corner of
said Lot 1; thence continuing westerly along the southerly boundary of said Lot 1 to the centerline
of the alley in of said Block 37, thence southerly through the alley to I" Street East; thence
continuing southerly through the alley between Linderman School and Block 44 of Kalispell
Original, thence continuing southerly through the alley of Blocks 57 and 64 of Kalispell Original to
4 Street East; thence continuing southerly through the alley of Block 77 to an easterly extension
line of Lot 17 of Block 77, Kalispell Original; thence westerly along the southern boundary of said
Lot 17 and crossing I" Ave East to the southeast comer of Lot 2 of Block 76. Kalispell Original;
thence continuing westerly along the southern boundary of said Lot 2 to the alley in said Block 76,
thence southerly through the alley to an easterly extension line of Lot 20 of Block 76; thence
westerly along the southern boundary of said Lot 20 and to the centerline of Main Street, thence
northerly along Main Street to the intersection of 4`a Street; thence westerly along the centerline of
4`h Street East to a southerly extension of the alley of Block 67 of Kalispell Original; thence
northerly through said alley to the centerline of 3'd Street West; thence easterly along P Street
West to the centerline of 1" Avenue West; thence northerly along I' Avenue West to an easterly
extension line of the southern boundary of Lot 7 of Block 54, Kalispell Original; thence westerly
along the southern boundary of said Lot 7 to the alley; thence northerly through the alley, crossing
2"d Street West and continuing northerly through the alley of Block 47 of Kalispell Original, to an
easterly extension line of the southern boundary of Lot 18 of Block 47; thence westerly along the
southern boundary of said Lot 18 to the centerline of 2"d Avenue West; thence northerly along 2"'
Avenue West crossing I" Street West, to a westerly extension line of the southern boundary of
Amended Lot 17 of Block 34, Kalispell Original; thence easterly along the southern boundary of
said Amended Lot 17 to the alley; thence northerly along the alley to the centerline of West Center
Street; thence easterly to die intersection of West Center Street and Main Street to the True Point of
Beginning. The area proposed for the Downtown Business Improvement District encompasses
approximately 42.4 acres.
W0040W6 p
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
May 15, 2003
L 2-6
Kalispell Center Mall
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STATE OF MONTANA
County of Flathead
RECORDED AT THE REQU ST OF
THIS �� DAY OF , 20_D AT r �:'C� O'CLOCK AND
RECORDED IN THE RECORDS OF HEAD COUNTY, STATE OF MONTANA.
FEE $ 2� PD. AAA1
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RECEPTION NO.-2004026 (�1�r0 (F�°thead County lark and R«order)
fiETURN TO ! ' r ,Lr -�y,�A D (Deputy Clerk)
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RESOLUTION NO.4852
(OaS93501
A RESOLUTION TO EXPAND THE BUSINESS 1,)IPROVEMENT DISTRICT FOR THE
CITY OF KA! ,ISPELL, MONTANA,
WHEREAS, pursuant to Section 7-12-1101, et seq., MCA, the City of Kalispell is authorized to
create and expand business improvement districts; and
WHEREAS, on September 2, 2003, the City Council of the City of Kalispell passed Resolution
4828 creating a Downtown Business Improvement District; and
WHEREAS, the City of Kalispell has been presented with petitions signed by the owners of more
than 60% of the area of the property to be added to and therefore expand the existing
district, the exterior boundaries of which are shown on the attached Exhibit "A" and
which by this reference is made a part hereof; and
WHEREAS, the aforementioned petitions request that the City of Kalispell include their
properties to expand the business improvement district, pursuant to Section 7-12-
1101, et seq,, MCA; and
WHEREAS, on November 3, 2003 the Kalispell City Council issued Resolution 4849 declaring
its intent to expand the business improvement district for the city of Kalispell,
Montana, to fix a date of a public hearing for December 1, 2003, and to provide for
publication of notice of said hearing; and
WHEREAS, the City Clerk caused proper notice of passage of the resolution to be published as
provided in MCA 7-1-2121 and by mailing a copy of the notice to every owner of
real property within the proposed expansion of the business district listed on the last
completed assessment roll for state, county, and school district taxes, at the owner's
last -known address, on the same day the notice was first published or posted; and
WHEREAS, upon proper notice having been given and upon the expiration of 15 days as required
by MCA 7-12-1113, the office of City Clerk did not receive any protests.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
(0ss39s0J
101462651
1°""0
°' SECTION I.
[a4262s0J That the Kalispell City Council does hereby expand the business
0635inui improvement district pursuant to Section 7-12-1101, et seq., Montana
106774 a 01
(10003361 Code Annotated.
150287501
10523450J
150354251 SECTION II. (0479930i Said business improvement district expansion would have boundaries
(01713601
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as shown on the attached Exhibit "A" which by this reference is made
a part hereof; provided, however, that all property classified as a
commercial improvement within the district will be included in the
district. All publicly owned property and owner -occupied single
family residential property within the district are specifically
excluded from the business improvement district and are exempt from
its assessments.
PASSED AND APPROVED BY THE CITY
THE CITY OF KALISPELL, THIS I ST DAY
ATTEST:
J
Theresa White
City Clerk
2004026i600D
COUNCIL AND SIGNED BY THE MAYOR OF
OF DECEMBER 2003.
Pamela . Kenn
Mayor
EXHIBIT "A"
Legal Description
Downtown Kalispell Proposed Business Improvement District Expansion
Commencing at the intersection of Main and Center Street which is the True Point of Beginning;
thence easterly along the centerline of East Center Street, 616 feet, more or less, to a southerly
extension line of the west boundary of Lot 2 Phase I of Kalispell Market Place; thence northerly to the southwest corner of said Lot 2; thence continuing northerly along the west boundary of Lot 2 to
the northwest corner of said Lot 2; thence easterly along the northern boundary of and to the
northeast comer of said Lot 2; thence southerly along the easterly boundary of said Lot 2 to the
southeast corner of said Lot 2; thence easterly along the centerline of East Center Street to the
center of the intersection of P Avenue East; thence northerly along the centerline of Avenue
East to the center of the intersection of P Avenue East and Montana Street; thence westerly along
the centerline of Montana Street to the center of the intersection of I" Avenue East and Montana
Street; thence northerly along the centerline of I" Avenue East to the center of the intersection a I5`
Avenue East and Idaho Street; thence westerly along the centerline of Idaho Street n the center of
the intersection of Idaho Street and Main Street; thence southerly along the centerline of Main
Street to the center of the intersection of Main Street and Center Street which is the True Point of
Beginning. �.�
STATE of MONfANA '
county of i�athead SS
CRY d 091W
i hereby c9ay 00 Itw instmw P l to � ,b
affaed Is a true, cartsd and competed ocpy of fhe odgW an h
the dfine d the efork of the City of fwispoL
Witttass my hand tt1� *!W of th C Kal'*d. Fbdmad
Cam, a ��a
OC19�t
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
F10NTANA I gr
t u
r u
rur
NORTHERN
88R K81**O Cen't8t 'MBII2�qp
248
T
E
2
n SE NED PLAT i
E PLA Lbs? i
;E Ph 3 0 tt
r
2Aq tCA Pfr f 3 1
BYERar ACE 'VASE 3 i
IR1 i
1i�.:c�11mI
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-
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.�'� V�a�e'�' r<' �'° � �,.�--,",_..7 ,�.: '_ Can. _ • � �+r� �''a�1
1
o
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: MARQUARDT L� p d /,z ////&
FOR: LUCERO ROYBAL INVESTMENTS DATE: 9/19/16
DESCP : 11 MAIN SOLUTIONS SUB PURPOSE: SUB
(1-2 Amd 1-7-11 B37 Kal 7-28-21)
YEARS ASSESSOR #
2012 THRU 2015 0517800
,A(,) /tp .S6c" e__
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. -i _
e 1^1 � r "1 11 _�� r/
asurer
dj
CONSENT TO PLATTING
Pursuant to Section 76-3-612, MCA, the undersigned, FIRST INTERSTATE BANK,
Beneficiaries as recorded April 15, 2016 in document number 201600007147, Flathead County,
Montana, hereby consent to platting and dedication of land included in the plat of I IMAIN
SOLUTIONS SUBDIVISION.
IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto,
on this �fday of (f;?e,., / _r ,. - 120 .
First Ii.tl rsta �&Ll]k
Title:
STATE OF MONTANA )
: ss.
County of Flathead )
This �istrumcnt was acknowlt
by %t,c_ l,� 'eke
before me on
�d�s l/�llrt'
r-Roo
MEGAN WOODH� M-/-
NOTARY
PUBLIC for tv
Jl
State Of Mor)ta:jj Prir
Residing at Kalispell, rlonj}
My Commission Expires"
September 04, 202(ReS
of First Interstate Bank.
�i
y Mlic for tj# State of
ing at _
ornmission expires
� I �
12/02/2015
2013Y4 Ave. West (406) 755-6285
KdIispol, MT 59901 inFo@mmsuwey.net
City of Kalispell Plaiuiing Department
ATTN: Tom Jentz
201 l"Avenue East
Kalispell, MT 59901
Re: Waiver of Preliminary Plat Approval — 11 Main SolutiOIIJSubdivision
Tom,
This letter is in response to your response to our waiver of preliminary plat request. In the letter
you listed three (3) requirements that needed to be addressed prior to the final plat. Number three
in the list mentioned the requirement of a Municipal Facilities Exemption (MFE) that should be
obtained from the Montana Department of Environmental Quality (MDEQ). After
communication with MDEQ it was discovered that the MFE is unnecessary and therefore will
not be included in the application for final plat. Attached to this letter is the communication
received from MDEQ stating that the MFE is not needed. MDEQ states in the communication
that because there is no plan to develop the parcel requiring the addition of water and sanitary
utilities to it, and that it will remain a parking lot, that the MFE is not needed.
Please feel free to contact me with any questions regarding this situation.
Sincerely,
Kevin Nelson
Subdivision Coordinator
3
LA
W
Health De artment Checklist for Survey Attachments
Owner I - k <C-- Z,I i`�r� L I m -t'U& `> (. L C_
Surveyor �(" 1.1 ,r1T'
Legal description- �'�1%��f�i � � ��s"�� �U, E-L
The following document must accompany this survey as required by the Montana
Sanitation in Subdivisions Act.
ParcelslLots
of Environmental Quality (MDEQ)
is required,
subject to review. Montana Department
Certificate of Subdivision Approval
Municipal Facliities Exclusion Certification from MDEQ•Inrdicating that this
subdivision is in compliance with the requirements of the Sanitation In
Subdivision Act is required,
County Health Department memorandum only required,
Agricultural Use Covenant Documentation from the -owner and the County
Commissioners indicating the covenant has been removed,
No Health Department documents are required.
6
• Signed �. Date �
`) � —
Project: Roybal Sub 16-111
Parcel Inverse
Parcel name: Lot 1
North: 15102.27
Line Course: N 76-10-35 E
North: 15121.89
Line Course: S 13-48-26 E
North: 15094.21
Line Course: S 13-48-26 E
North: 15061.22
Line Course: S 76-10-32 w
North: 15053.53
Line Course: S 76-10-32 w
North: 15041.60
Line Course: N 13-49-08 w
North: 15102.27
Mapcheck.txt
East
: 15016.04
Length:
82.10
East
15095.76
Length:
28.50
East
15102.56
Length:
33.97
East
15110.67
Length:
32.19
East
15079.41
Length:
49.90
East
15030.96
Length:
62.48
East
15016.04
Perimeter: 289.14 Area: 5,129 sq. Ft. 0.12 Acres
Parcel name: Lot 2
North: 15121.89
Line Course: N 76-10-35 E
North: 15135.71
Line Course: s 13-48-26 E
North: 15075.04
Line Course: S 76-10-32 w
North: 15061.22
Line Course: N 13-48-26 w
North: 15094.21
Line Course: N 13-48-26 w
North: 15121.89
East
: 15095.76
Length:
57.85
East
15151.93
Length:
62.47
East
15166.84
Length:
57.85
East
15110.67
Length:
33.97
East
15102.56
Length:
28.50
East
15095.76
Perimeter: 240.64 Area: 3,614 Sq. Ft. 0.08 Acres
Page 1
Sarah Arrigoni
From: Gillespie, Emily [egillespie@mt.gov]
Sent: Tuesday, September 20, 2016 10:51 AM
To: Sarah Arrigoni; Haskins, Keith
Subject: RE: MFE Review
Keith,
Per Sarah and my conversation, I believe she can satisfy the Sanitation Act through plattinq exemptions other
than MFE. Lot 1 can use the MCA 76-4-125 (2) (i) indicating existing service connection to public sewer system
prior to 1997 and they intend to use "no facilities" (basically sanitary restrictions) on Lot 2. No need to meet MFE
then, unless they wanted to have the option to put something on Lot 2 without lifting restrictions,
Please note, Sarah, that if Lot 2 ever wanted to lift sanitary restrictions in the future, it would need to be done
through subdivision application to DEQ (MFE could not be used).
Always interesting to dive into these.
Emily J. Gillespie, PE
Montana DEQ
406.755.8979
From: Gillespie, Emily
Sent, Tuesday, September 20, 2016 10:36 AM
To: 'Sarah Arrigoni'; Haskins, Keith
Subject: RE: MFE Review
Sarah,
Could you explain what City Planning department review takes place when you are granted a preliminary plat
waiver? Will your preliminary sketch eventually be recorded as a COS or as a Plat?
Emily J. Gillespie, PE
Montana DEQ
406.755.8979
From: Sarah Arrigoni [mailto:sarahOmmsurvey.net]
Sent: Tuesday, September 20, 2016 10:00 AM
To: Haskins, Keith
Cc: Gillespie, Emily
Subject: FW: MFE Review
Keith
Have you had a chance to take a look at this?
Sarah Arri-oni
.larquardt& Marquardt Suitic}ing, Inc.
301 :;I`d A\ en tic We-' t
Kalisp ill. NIT 5y(.oi
Phnnt' .406-71755-6285
From: Sarah Arrigoni [mailto:sarah@mmsurvey.net]
Sent: Friday, September 16, 2016 7:58 AM
To: 'Keith Haskins'
Subject: RE: MFE Review
Keith
I have attached a copy of the preliminary sketch, since we received a waiver for preliminary plat. Please let me know
what I need to go with the MFE. Thank you for all your help.
Sarah Arrigoni
Nlarquardt & NlarquardL Stirvevin-, Inc.
201 ;rd Avenue West
Kali:lpcll, NIT 5ggot
I'hune 40(-)-7»-628.7
FIX :,1O()-7 )5-: iO55
From: Keith Haskins [mailto:khaskins0kalispell.com]
Sent: Thursday, September 15, 2016 5:00 PM
To: Sarah Arrigoni
Subject: RE: MFE Review
Sarah,
Please send over the plat for me to take a look at. You may have to submit a storm drainage design. I won't know for
sure WIN I see the size and layouts of the lots.
Thanks,
City Engineer
khaskins@kalispell,com
Phone: 406-758-7727
Fax; 406-758-7331
From: Sarah Arrigoni fmailto:sarah@mmsurvey.net]
Sent: Thursday, September 15, 2016 4:36 PM
To: Keith Haskins <khaskins@kalispell.com>
Subject: RE: MFE Review
An MFE is require but no new utilities are required.
Sarah Arrigoni
Marquardt & llargllardl Surveying, Inc.
20 t :;rd ANVIIII0 West
Kalispell. SIT 59901
Phone 406-75,5-0285
Eax 406- 7,5.5- 053
From: Keith Haskins[mailto:khaskins(�)kalispell.com]
Sent: Thursday, September 15, 2016 4:32 PM
To: Sarah Arrigoni
Cc: Gillespie, Emily (egillespie@mt.gov)
Subject: RE: MFE Review
Have you verified with MDEQ that an MFE is required? If so, will there be additional utility services required that don't
exist today?
From: Sarah Arrigoni [mailto:sarah@mmsurvey.netJ
Sent: Thursday, September 15, 2016 4:29 PM
To: Keith Haskins <khaskins@kalispell.com>
Cc: 'Gillespie, Emily' <egillespie@mtgov>
Subject: RE: MFE Review
Keith
That dogs answer my question. Now I have a new one. This MFE is for the property the Body Shop is on at the corner of
1'' Ave E and 13' St. Lot 1 has the Body Shop on it with existing facilities and Lot 2 is going to be a parking lot with
restrictions. Can I send you the plat and MFE checklist by email to sign off on? Or do you need more than that?
Sarah Arrigoni
Marcpiar(it &- '.Marquardt Stu1-e-,ing, Ine.
•_'ol ;rd Avenue N est
Kalispell, :SIT 5c)9oi
PhMle 406-755-6285
From: Keith Haskins [mailto:khaskins@kalispell.com]
Sent: Thursday, September 15, 2016 4:25 PM
To: Sarah Arrigoni
Cc: Gillespie, Emily (egillespie(&mt.gov)
Subject: RE: MFE Review
Sarah,
Usually MDEQ tells you (and us) if an IVIFE is required. If required, the completed MFE form is subn-iitted with the Design
Review Submittal to the City of Kalispell. MDEQ concurrent review is expected, but NIDEQ will not approve until the City
has approved the design and signed the MFE. Once the design has been accepted by the City and available capacities are
verified, I will sign the MFE and send it back to you. You would then send it on to MDEQ. Then, it is just a matter of
satisfying any other requirements that MDEQ might have for their approval.
Let me know if that answers your questions. Emily, feel free to comment if I am steering Sarah wrong somewhere.
Thanks,
K°Ct� PE
City Engineer
khaskins@kalispell.com
Phone: 406-758-7727
Fax: 406-758-7831
Mailing Address:
201 First Avenue East
PO Box 1997
Kalispell, MT 59903
PUBLIC WORE
_.._. _ _. _- __ V . y ,... , ,. &.
E-moil to and from me, in connection with the transaction of public business, is considered public record and may be
disclosed to third parties.
From: Sarah Arrigoni [mailto:sarah@mmsurvey.net]
Sent: Thursday, September 15, 2016 3:46 PM
To: Keith Haskins <khaskins@kalispell.com>
Subject: M FE Review
Keith
Maybe you know the answer to this, what do you need to sign off for an MFE and who signs for it for the City of
Kalispell? I have one for a subdivision that we are doing and just need to know your process. Thanks for any help.
Sarah _lrri_-oni
Nlarcluardt &'Marquardt Surveying, Inc.
201 :3rd Avenue 1VCSt
Kalispell. NIT 5nyo t
Yh()"e 4O6-i:;5-6285
4
PLANNING FOR THE FUTURr-
August 11, 2016
Marquardt Surveying
ATTN: Sarah Arrigoni
201 3rd Avenue West
Kalispell, MT 59901
MONTANA
Planning Department
201 0 Avenue East
Kalispell, MIT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
i,vvi,Nv.kalispell.com/121anning
Re: Waiver of Preliminary Plat Approval — 1 i Main Solution Subdivision
Dear Sarah:
This letter is in response to your request for waiver of preliminary plat for a two lot minor
subdivision. The subdivision will subdivide the existing .201-acre lot into two lots approximately .12
and .08 acres in size. The properties to be subdivided are zoned B-4 (Central Business). The subject
property is located at 35 1st Avenue East. The property can be legally described as Lot 2 of the
Amended Plat of Lots 7-11, Block 37 in the Southeast 1/4 of Section 7, Township 28 North, Range
21 West, P.M.,M., Flathead County, Montana.
Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided
under Section 28.2.08 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 enviromnent.
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
1) That the final plat is in substantial compliance with the preliminary plat that was waived.
2) This waiver of preliminary plat approval is valid for three years and will expire on August 11, 2019.
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
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.
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,
Torn Jentz
Director
PLANNING POLL THE FUTUFL1
August 11, 2016
Marquardt Surveying
ATTN: Sarah Arrigoni
201 3r" Avenue West
Kalispell, MT 59901
MONTANA
Planning Department
201 1" Avenue Fast
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
�"vw.kalispell.com/planning
Re: Waiver of Preliminary Plat Approval — l 1 Main Solution Subdivision
Dear Sarah:
This letter is in response to your request for waiver of preliminary plat for a two lot minor
subdivision. The subdivision will subdivide the existing .201-acre lot into two lots approximately .12
and .08 acres in size. The properties to be subdivided are zoned B-4 (Central Business). The subject
property is located at 35 1" Avenue East. The property can be legally described as Lot 2 of the
Amended Plat of Lots 7-11, Block 37 in the Southeast 1/4 of Section 7, Township 28 North, Range
21 West, P.M.,M., Flathead County, Montana.
Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided
under Section 28.2.08 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
1) That the final plat is in substantial compliance with the preliminary plat that was waived.
2) This waiver of preliminary plat approval is valid for tlu-ee years and will expire on August 11, 2019.
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
nnLlnlclpal water and sewer are available and will be provided to the lot. Existing and new utility
easements shall be shown on the final plat.
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,
/0-M ALAI ---
Tom Jentz
r
Director
m�
� *� S u rvey i n 9
2013tCAve. West (406) 755-6285
Kalispell, NIT 59901 inf «mmmwey.net
City of Kalispell Planning Department
201 1" Avenue East
Kalispell, MT 59901
12/02; 2016
;rl�l(i
MISPEIL PLANNING DEPARTMENT
Re.: 1 I Main Solutions Subdivision. Lot 2 of Block -17, of Kalispell, lying in the SE 1/4 of
Section 7, Township 28 N, Range 21 W.
Enclosed is the Final Plat application for 11 Main Solutions Subdivision. Preliminary Plat
approval was waived on August 11, 2016 and was Subject to specific conditions as specified by
the Kalispell Planning Department. The conditions of the preliminary waiver and requirements
for the Final Plat application approval are as follows:
1. That the final plat is in substantial compliance with the preliminary plat that was waived
2. This waiver of preliminary plat approval is valid for three years and will expire on
AuguStl 1, 2019
3. A Municipal Facilities Exemption (MFE) 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.
The Montana Department of Environmental Quality (MDEQ) found that an
MFE was not required for this subdivision as the subdivider intends to use "no
facilities" per ARM 17.36.605 (2)(a) and the developed parcel qualifies for the
exemption cited in MCA 76-4-125 (2)e(i). Correspondence with MDEQ
explaining this decision further is included with this application.
4. Health Department Certification
As expected in No.3, this is not required.
5. Title Report
The title report is included in the application and was reported October 20`i',
2016
6. Tax Certification
Tat certification is included and dated 12/2/2016
7. Consent to Plat
Consent to plat was obtained on October 111", 2016. The original notarized copy
is included.
S. Subdivision Improvements Agreement
Not applicable
9. Parkland Cash -in -Lieu
Not Applicable
10. Maintenance Agreement
Not Applicable
1 1. Plats Included:
2 Mylar copies, 1 full size copy, and 1 11X17 copy
Please feel free to contact ine with any questions regarding this application either by phone or
email.
Sincerely,
Kevin Nelson
Subdivision Coordinator
Kevin(i%:ni niSUrvey. net
urveyina, inc.
City of Kalispell Planning & Zoning
201 First Avenue East
Kalispell, MT 59901
201 3rd AV'I ,iUe V` HT
�ALISPILL, MONT-AN 59901
(405) 755-6285
FOX (406( 755-3055
July 28, 2016
RE: 11 MAIN SOLUTION SUBDIVISION in the Southeast'/ of Section 7, Township 28 North,
Range 21 West, P.M., M., Flathead County, Montana.
On behalf of Lucero Royal Investments LLC, the owner of Lot 2 of the Amended Plat of Lots 7-11,
Block 37, Kalispell, at 35 First Avenue East, our office is requesting a minor subdivision preliminary plat
waiver.
Enclosed is a sketch of the proposed plan. Lot 1 has an existing building with business. Lot 2 is
proposed to be a parking lot for the employees of the business at 11 Main Street.
This plat contains 2 lots and has no public dedication of streets or public or private parkland. All lots
have legal and physical access conforming to the Kalispell Subdivision Regulations, Lot 1 has an
existing building and Lot 2 is not proposed to have a building placed on the lot. There are no
environmental hazards present. Water and sewer are in place for Lot 1 and Lot 2 does not have use for
water and sewer. This subdivision complies with current Subdivision and Zoning regulations. There are
no significant effects on agriculture and agricultural water user facilities, local services, the natural
environment, wildlife and wildlife habitat or public health and safety.
If you have any questions please call me at 406-755-6285.
Sincerely,
Sarah Arrigoni