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6. Resolution 5314 - Final Plat - Eastside TownhousesPLANNING FOR THE FtTT[JRE MONTAIVA..L� REPORT TO: Kalispell Mayor and City Council FROM* sears Conrad, Senior Planner James H. Patrick, City Manager Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 w,vvw.ka1isPe11.com/P1anni*n SUBJECT: Final Plat Approval for Eastside Townhouses MEETING DATE: September 15, 2008 BACKGROUND: Our office has received an application for final plat approval from Montana Mapping on behalf of Ilan. Sandler for a two lot subdivision. The subdivision divides an existing residential lot located at the southwest corner of the intersection. of 13th Street East and 4th Avenue East into two sublots. The site is 7,180 square feet in size with an existing house on the west side of the property. The house address is 326 13thstreet East. The property is zoned R-4, Two Family Residential, and the proposed su.blots meet the requirements of the R-4 zoning district. The property can be legally described as Lot 1, Bloch 250 Kalispell Addition #7 in section 17, Township 28 North., Range 21 west, P.M.M., Flathead County, Montana. Our office waived the preliminary plat on May 15, 2008 subject to 14 conditions because it was found that the subdivision can meet the criteria for preliminary plat approval waiver criteria as outlined in. Section 2.06 of the Kalispell Subdivision Regulations. Findings of fact for approval of the plat are found *in attached staff report KWP-08-3 and letter to the city manager which review the conditions of approval and how they have been met. RECOMMENDATION: A motion to adopt the findings of fact in the staff report KwP- 08-3, approve the resolution to create the two lot subdivision and accept the subdivision improvements agreement would be in. order. ]FISCAL EFFECTS. Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Report compiled: September 9, 2008 e: Theresa White, Kalispell City Clerk Attachments: Transmittal letter and application materials Staff report KWP-os- 03 A RESOLUTION APPROVING THE FINAL PLAT AND ACCEPTING TIME SUBDIVISION IMPROVEMENT AGREEMENT FOR EASTSIDE TOWNHOUSES, DESCRIBED AS LOT 1, BLOCK 250, KALISPELL ADDITION NO. 7 LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY", MONTANA, WHEREAS, Dan Sandler, the owner of the certain real property described above, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on May 1.51, ZOOS, by the Kalispell Planning Department according to Section 2.06 of the Kalispell Subdivision Regulations subject to 14 conditions, all of which have been met, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06 [Preliminary Plat Process -Minor Subdivision -Preliminary Plat waiver), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report (KwP-08-3) 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 CTI'Y COUNCIL.. OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KwP-08-3 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Dan Sandler for final plat approval of Eastside Townhouses in Section 17, Flathead County, Montana, is hereby approved and the Subdivision Improvement Agreement is hereby accepted. 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 1.5TH DAY OF SEPTEMBER, 2008. ATTEST: Theresa white City Clerk Pamela B. Kennedy Mayor Return to: Theresa white Kalispell City Clerk 201 l"Avenue East Kalispell, MT 59901 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT J THIS AGREEMENT, made and entered into this between. the CITY COUNCIL, CITY OF KA.LISPELL, hereinaftQr referred to as � ) 4w < 7 We / - - Developer) a day of kcW�- , 20�, by and MONTANA,aArty of the First Part and the CITY, and (Nameof (Individual, Compa or Corporation) located at 144arve5� Lie, 177,T (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WIThIESSETH: THAT WHEREAS the Developer is the owner and developer of a new subdivision known as ��fd�tz1� CAen�Se S (Name of Subdivision) located at S4f e ej 51" (Location of Subdivision) and, VV`HF,REAS, the Cit has conditioned it's approval of the final plat of ZL,4Sid.( a , upon the conditions as set forth(Name of Subdivision) in the Prelimi ary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond 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 l Z5 % of the estimated total cost of construction of said improvements as evidenced by an 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 $ ot --- - ------- NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ / � o 2 . Said Letter of Credit or other collateral shall have an expiration date o at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ /6, / D & the estimated cost of completing the required improvements in 5 i d Z f cL,, h�,e - (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those in provements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by 4� % 5� , 20o�. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer 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. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer 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 rewired improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released front. the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer 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 Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Dan -5al? (Name of Subdivision/Developer/Firm) by Ole/ 0C� 1-:�&-' � Ah of �ti l'vz� ✓� (Title) STATE OF MONTAN COUNTY OF ���jfg On this Z lr4 day of y 5. 4' , 20_j29 before me, a Notary Public for the State of Montana, personally appeared O ,known to me to be the of 111i��� �.-N ,whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set any hand and affixed my Notarial Seal this day and year first above written. Notary Public forts e StKe of Montana Printed Name&mh arr c (s)n i Residing at \ 14 ) My Commission Expires C8 MAYOR., CITY OF KALISPELL ATTEST. - MAYOR CITY CLERK K J M MORGAN CONSTRUCTION 454 1 st Avenue West Noah Kalispell MT 59901 Phone: 249-6012 6/10/2008 Dan Sandler 326 13 rh Street East Kalispell, MT Estimate # : Order Date: Address of Property: sd l 02008ds--1 June, 2008 326 13ffi Street East Kalispell, MT Estimate as of 6/10/2008 260'x 5 ' of City Sidewalks as per plans dictate $ 3,200.00 160 ' of City Street Curbing $ 2,200.00 Storm drain Installation $ 2, 200.00 Paving of 13 Street sewer and storm drain connection where paving removed $ 1,000.00 Paving of Alley way from 13 Street East to end of property (326.13 Street .fast) $ 3,400.00 Total of .Estimate: $12, 000.00 Terms: Payable upon Receipt Please Make Check Payable To: Jason Morgan or J. M. Morgan Construction 454 1st Avenue West Noah Kalispell, MT 59901 Thank You; We Appreciate Your Business... Sincerely, Jason Morgan Owner EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving /- 1--Luo? I qvoo > Street Base Sidewalks Curbs and Gutters Sanitary Sewers Mains Other } On -Site Sewage Facilities Water Systems Mains Other } On -Site water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes / - -2, oo� ! - i - 7'00� , 41z- - 7" 0-J D7 0 LandscapingBoulevardtrees � �"3�`�'��7 S C5'Q�l, Other ( ) SUBTOTAL FEES TOTALS COSTS J Z H S= 00 TOTAL COLLATERAL (TOTALS COSTS X 125%) Z � t A>S SURET-Y GROUP SrE �NORTrtRC� ��' IRj( AN �_1J_ C�A�?]; W:`iSHTN T0NN 1?ERNIATTONA✓ S:�J Pam.' S� 1ti ....� �..� M�: 1 � •r JGE ER.�L POWER OF ATTO"EY K�r�O A T T M arti T Ta ES E PRESEENTS. FArn Nosh American Sne:iaiw Insurance Company, a corporation duiy organized and ex]5tiily undo; laws of the State of Ne-tl Hampshire, and navina its principal ofTice in +.ne J ❑f Manchester. New igamrosnirle, and Washington intLrnauonai insurance Company, a corporation organized and .-.xi sting under the Iaws of the State ox .4rizona and 11aving its principal office in the Cit of Itasca. Illinois, each does hereby make. constitute and appoint: ED HEINE. GEORGE S. SEkT0N. A.IMEE N. CA.VILL, TRRN KERRN TTr;A7" MCG3NIGT,E and n,JLTE. M0RAN .IOTNTLR SEVERALLY its truc and lawful Attomcv(s;)-in-raet, to make, execute, seal and deiivew, for and on its behalf and as its act and deed, bonds or other writings obligator, in the nature of a bond on behalf of each of said Companies, as surety. on contracts of suretyship as are or mat, be required Or v¢rmitted bN, law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed unties this authon1v shall excaed the amount of: TWENTY-FIVE MILLITON (�25.000,000.00) DOLLARS This Power of Attorney is gnt raed and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards o► Directors of both North American Svecialn, insurance Company and Washington International Insurance Company at meetings duly called and held on the 24"' o March , 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President. am, Assistant Vice President, the Secretary or any Assistant Secretar;, be, and each or any of them hereby is authorized to execute a Power of Attorney Qualifying the attorney named in th4 given Power of Attorney to ¢xecute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any, of them hereby is authorized to attest to the execution of anIN, such Power of Attorney and to attach therein the seal ❑f the Company; and it is rURTHER RESOLVED, that the signature of such officers and the seal of the Company! may be affixed to any such Power of Attorney or t❑ any certificate relating thereto by facsimile. and any such Power ofAt��orney or certificate bearing such facsimile signatures or facsimile seal shall be r binding upon the Comr)anv when so affixed and in the future with regard to any bond, undertak�incy or contract o.f surety to which it is attached." r�„ 4t4sti�itii►��.,�,ip,r. N UT? �. Q�Ltti 1�tS, •ram"'-,•,•�"��' . PO 0 i Ste' EAk- : t7 = Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance CtrmDany kC ii 11 ; r ems: Ili.; rr,. r' Vice President orNol American Specialty Insurance Cornpan) kpi r :tom g. Jill�1 By David N1. Layman, Vice President of Wtuhington international Insurarice Company o"e Vice Presidcn( of Nnrib Ame ricin Specialty Insurnnce Company IN WITNESS WHEREOF; North American Specialty Insurance Company and Washington international insurance Company have causcd their official seals to be hereunto affixed. and these presents to be signed by their authorized officers this ??tr da), of March ?� 0 North American Specialty Insurance Company Washingw International Insurance Company State of Illinois County of Du page ss: On this l2th day of March , 20 07 . before me, a Notary, public, personally appeared Steven p. Anderson ; president and CEO of Washington Lntemational Insurance C ompa w and Vice President of ?earth American Specialty Insurance Company and David M. Lavman . President of Washington International Insurance C omnany and Vice President of io~th American. Specialty Insurance Company, personally known to rne, who being by me duly sworn. aclmowled2ed that then signed the above Powe- of A.ttomev as officers of and acicnowl."oed said insu-urncm to be the vowntam, act and deed ❑f their respective companies. -SEAL" 1.A ♦r A mow. � ' � f 1/71 SUSAN -L N&2ry PLt4ic. St3lcri 4irFj sji:Sa71 Ansel. NOta.'':' public y Cotl mif# tr Wires 7r0WM i,1 . an"i�:u A, C a7i3 nt�r the clujv �f ected A SS?StanT Secs Stan, of if orL A_rn- 'car, ST)e yiatt't' insurance Comi)anv and 'W ash in mon International Lnsurom ance Claan�,. do hereby certi f than the abo\1P and for egaLng is a true and Corr=4t copy of a. Power of .4t?orrae ' &III b)- said Nortn H�rnerican Sne^ial In sumac- Comnam, and "v lashil- gton Intez°�ational insurance Company. which is st=l? in fni l force and -:feet. T N ;,�� _ �'� `� �--� r t �- � t z� � �� e �a� '�` � -�� day- ❑� � � IT�E.�S ��?- ERE0 , T have se my nand and afxed th s� is o� �:. Comma .les Chas � _ l j .. 0 Jamts r`-.. L?]'t7enier. Vita Pr -")II -svS1=ni �`'�T.']�.'1' {ei ��' =.S;l3iZ�w'iO'i l n1Crt7at1i na!,, insu'-7r)ce C 0mpladls' 4: "Ordli Ames can a s a} r' lnsu1 a=a COIY]F3�,nv Bond No.2080646 PAYMENT SOND KNOW ALL MEN BY THESE PRESENTS: That Sandler Investments, LLC 11 Harvest Lane Kalispell, NIT 59901 and North American Specialty Insurance Company unto city of Kalispell 411 1st Avenue E Kalispell, MT 59901 In the scorn of Fifteen Thousand Dollars and 091190 , Principal, Surety, are held and firmly bound , Obligee, Dollars ($ 15,000.00 )t for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract.with obligee, dated July 22, 2008 for 326 1 3th Street E Kalispell, MT Concrete Sidewalk, curbs and pave alleyway copy of which contract is by reference made a part hereof. Now, THEREFORE, if Principal shag, in accordance with applicable statutes, promptly made payment to all persons supplying labor and material In the prosecution of the work provided for to said contract, and any and all duty authorized modifications of said contract that may hereafter be nude, notice of which modifications to Surety ding warred, then this obligation to be void; otherwise to ,�� �13trrrrr►f remain In full force and eff eel. ��..•�� t] ...�.���,,; NANCY D. CATNCARi Xi�fOTARJAL', NOTARY PUBLIC-MONTANA SEAL:'' Residing at Kalispell, Monlma SIGNED, SEALED AN DATED � C;2,1) f� "'��tirnli[i�`` My Comm. Expires July 22, 2008 .aaw•n t�'�i�:J i}�i `:F�fjf. tt; ik �'-l�fl`} p!f i:}x• •,=,;,.y i'»�.8^�i� �iiS,3iy } 74a`:3'F�si• Ri}� �ii� ��.°c��.:(s�it/r.4.,i .� �%� �a '� a Y%+'� � �6' i. t �•� b. . .a-s �'-rh,�? y..-: ai .e#i+im>�,Ew�Y�. ••M..i+ai.Y3..;,: 'Y :• / •Fr f Sandler Investments, LLC (Seal) (Ptincipal) By: North American Specialty Insurance Company�� (Surety) Ar Y• Id Heine Attomey4n•Fact 19AN First .1nterstate Bank City of Kalispell PO Box 1997 Kalispell, MT 59901 First Interstate Bank 2 Main St. P.U. Box 7130 Kalispell, MT 59904-0130 406-756--5200 Fax: 406--756--5260 www.firstinterstatebank.com IRREVOCABLE STANDBY LETTER OF CREDIT NO. 2309600450 DATED September 3, 2008. Date: September 3, 2008 Expiration: June 30, 2009 RE: Daniel A. Sandler We have established this Irrevocable Standby Letter of Credit No. 2309600450 solely in your favor for drawings up to ONE THOUSAND ONE HUNDRED SIX DOLLARS and 25/100 ($1,106.25) effective immediately and expiring at our address, 2 Main Street, Kalispell, MT with our close of business on June 30, 2009. We hereby undertake to promptly honor your sight draft(s) drawn on us, indicating our Letter of Credit No. 2309600450, for all or any part of this Letter of Credit if presented at First Interstate Bank, 2 Main Street, Kalispell, MT on or before the expiration date or any automatically extended date. Except as stated herein, this undertaking is not subject to any condition or qualification. The individual obligation of the Bank is in no way contingent upon reimbursement with respect thereto. This Letter of Credit shall be deemed extended without amendment for six months from the expiration date, unless thirty (30) days prior to any expiration date we shall notify you by Registered Mail that we elect not to consider this Letter of Credit renewed for any such period. It is a further condition of this Letter of Credit that any interruptions of the Bank's conduct of business caused by an Act of God, riot, civil commotion, insurrection, war or other cause beyond the Bank's control, or by any strike or lockout, will automatically extend the expiration date of this Letter of Credit, as well as future expiration dates, by the period of interruption. In any communication with us regarding this Letter of Credit, please make specific reference to our Letter of Credit No.2309600450. This Letter of Credit is subject to the Montana Uniform Commercial Code and the Uniform Customs and Practice for the Documentary Credits (1993 Revision) International Chamber of Commerce Document No. 500 to the extent not inconsistent with Montana Law. If any legal proceedings are initiated with respect to payment of this Letter of Credit, it is agreed that such proceedings shall be subject to the Montana courts and law. PLANNING FCfR THE FUTURE MCl1V'.I `A�VA j.-J September 8, 2008 James H. Patrick, City Manager City of Kalispell 2 01 15t Avenue East Kalispell, MIT 59901 Re: Final Plat for Fastside Townhouses Dear Jinn: Planning Department 201 1" Avenue East Kalispell MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kafispell.com/planning This is a request for final plat approval for a two -lot subdivision located at the southwest corner of the intersection of 13th Street East and 4th Avenue East. The address for the property is 326 13th Street Fast. The proposed subdivision would divide the one lot into two sublots for townhouse development. The property can be legally described as Lot 1, Block 250 Kalispell Addition #7 in Section 17, Township 28 North., Range 21 west, P.M.M., Flathead county, Montana. The preliminary plat process was waived for this subdivision on May 15, 2008 due to the minor nature of the project with. 14 conditions of approval. A Subdivision. Improvements Agreement (SIA) has been submitted to cover the cost of improvements along 13th Street East and 4th Avenue East including curb, gutter, sidewalks, storm serer upgrades and seeding and planting trees within the boulevard. The work is to be completed by January 1, 2009 for the street, sidewalk and storm surer upgrades. The street trees would be installed by April 30, 2009. The developer has provided a security and letter of credit for 125 percent of the cost for installing these improvements. COMPLIANCE WITH CONDMONS OF APPROVAL: Prior to final plat Condition. 1. That the final plat is in substantial compliance with the prelimina.ry plat that was waived. • This condition is met. The final plat is in substantial compliance with the preliminary plat that was waived on May 15, 2008. Condition 2. The existing fencing within the 13thStreet Fast right--of-way shall be removed. . This condition is met. The fence has been removed. Condition 3. Submit a revised parking plan for the 2,600± square foot sublot. This condition is met. A revised parking plan has been submitted and approved by the planning department. Condition, 4. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision.." • This condition is met. The note appears on the face of the final plat. Condition 5. The right-of-way along both 4thAvenue East and 13t- Street East shall be improved to city standards or adequately bonded for and shall include a stand-up curb, 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. Note. The sidewalk shall be placed one foot off of the outside edge of the right-of-way except the following: s The sidewalk along 4th Avenue East shall meander around the existing street tree located at the southeast corner of the property. e The sidewalk along 13th street East shall meander around the existing house and maintain a minimum distance of 5 feet from the existing house to the sidewalk. • This condition is met. The Public Works Department and Parks and Recreation Department have reviewed and approved street improvements plans and the associated costs included in the sIA. Condition 6. Drainage improvements shall be installed at the southwest corner of 4th Avenue East and 13th Street East. Improvements shall include necessary curbing and a drainage inlet to be tied into the city's existing storms water system.. This condition is met. The Public works Department has reviewed and approved the drainage improvement plans and the associated costs included in the sIA. Condition 7. The alley on the west side of the property shall be paved to city standards from the existing edge of pavement along 13th street East to the south boundary of the property. This condition is met. The Public works Department has reviewed and approved the cost associated with paving the alley and included in the SIA. Condition. S. 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 all lots. Existing and new utility easements shall be shown on the final plat. This condition is met. The municipal facilities exemption from the Montana Department of Environmental Quality dated May S, 2003 was submitted with the final plat application. Condition 9. Separate water and severer service lines shall be installed to each of the sublots. water service lines shall include a 10-foot wide unobstructed easement across adjacent private property. These easements shall be shown on the final plat. This condition is met. A 10 -foot wide water line is shown on the final plat to serve lot IA. Separate water and sewer service lines will be installed during construction of the house on lot 1 B. Condition 10. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland equal to 0.03 acres of land. The payment shall be based on the fair market value of undivided, unimproved land. Note: on March 3, 2008 the city council amended the subdivision regulations to require parkland dedication or cash in lieu payment for minor subdivisions in accordance with State law. The city's policy is to credit the existing house and lot towards the required parkland requirement and the council has the option to waive parkland requirements for the creation of one additional lot. The council will be setting the policy regarding parkland for one additional lot in the corning months. • Based upon further review of the state statute regarding parkland by the city attorney, the city cannot require parkland or cash in lieu payment if only one additional lot is being created. Therefore, this condition is invalid and does not need to be met. On -going conditions Condition 11. Prior to arty excavation or earthwork, a City Storrnwater 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. • The developer of each lot would have to comply with the city's storm water, erosion control and dust abatement programs prior to ground disturbing activities. Condition 12. All areas disturbed during development shall be re -vegetated with a weed - free mix immediately after development. 9 The developer of each lot would have to comply with this condition. Condition 13. All new utilities shall be installed underground. • This will occur with the development of the lots. Condition 14. This waiver of preliminary plat approval is valid for three years and will expire on May 20, 2011. • The final plat for this subdivision has been submitted to the Kalispell Planning Department prior to the expiration of the preliminary plat waiver. COA1PI.L4LNCE WITH APPROVED PRELDUNARY PLAT The final plat is in substantial compliance with the preliminary plat which was waived on May 15, 2008. COPLIANCE WITH THE SUBDIVISIONREGULATIONS. M 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. COMFLIANf CE THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning designation. e t M 0 All of the conditions of the preliminary plat waiver have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Note that the SIA should be accepted along with the final plat approval.. Please schedule this matter for the September 15, 2008 city council agenda if possible. You may call me at 758-7940 if I can be of assistance to you regarding this matter. Attachments: 2 reproducible Mylar of final plat 1 blueline of final plat 11 x 17" copy of plat Vicinity map Staff Report KWP-08-03 Final plat application dated 8/21/08 Letter from Montana Mapping dated 8/20/08 Letter from MDEQ dated 8/ 13/08 Letter from Parks and Recreation Department dated 9/4/08 Municipal Facilities Exclusion Checklist Subdivision Improvement Agreement dated 8/8/08 North American Specialty Insurance Company dated 7 / 22 / 08 Payment bond #2080646 dated 7/22/0/ First Interstate Bank letter of credit #2309600450 dated 9/3/08 Ticor Title Report # 7403078-1196 dated 8/20/08 Consent to Plat from Provident Financial, Inc. dated 8/21/08 Treasurer's certification dated 8/21/08 c: Dan Sandler, 11 Harvest Dane, Kalispell, MT 59901 Theresa White, Kalispell City Clem FINAL PLAT FOR. EASTSIDE TOWNHOUSES KALISPELL PLANNING DEPARTMENT STAFF REPORT KWP-08-03 REVIEW AND FINDINGS OF FACT SEPTEMBER 9, 2008 This is a report to the Kalispell City Council detailing findings of fact for a two lot residential subdivision. Preliminary plat approval for this minor subdivision was waived on May 15, 2008 with 14 conditions of approval. BACKGROUND: This is a residential subdivision that creates two lots. The proposed lots are located in a residential neighborhood with existing water and sewer services available. A. Applicant: Dan Sandler 11 Harvest Lane Kalispell, MT 59901 Technical Assistance: Montana Mapping Associates, Inc. 1405 Hwy 2 west Kalispell, MT 59901 B. Location. and Size: The property is a subdivision located at the southwest corner of the intersection of 13th Street East and 4thAvenue East. The address for the property is 326 13th Street East. The proposed subdivision would divide the one lot into two sublots for townhouse development. The property can be legally described as Lot 1, Bloch 250, Kalispell Addition #7 in Section 17, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana. Total area: 7,180 square feet Sublot l A: 2,1662 square feet Sublot 1 B : 4,518 square feet co Existing and Adjacent Land Uses: The property is developed with a. single family residence. The surrounding area is made up of single family residences and duplexes. D, Zoning: The property is zoned R--4, Two Family Residential. This zoning district has a minimum lot width requirement of 50 feet and a minimum lot size requirement of 6,000 square feet. The two proposed lots do not meet this minimum lot size or lot width. However, the proposed lots are considered sublots. Further discussion on how the proposed sublots meet the zoning district requirement can be found under Findings of Fact, Section G, of this staff report. 1 E. Relation to Growth Policy: The property is designated as an Urban Mixed Use Area in the Kalispell Growth Policy Future Land Use Map. The existing R--4 zoning is consistent with this land use designation. F. Utilities. Water and Severer: Electricity: Telephone: Gas: School: Police: Fire Protection: City of Kalispell Flathead Electric Coop C enturyrTel Northwestern Energy School District #5, Kalispell City of Kalispell City of Kalispell REVM ' 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: The area is anticipated to be at low risk from wildfire due to the urban location and adequate access to the site. There is an existing fire hydrant located at the intersection. of 4th Avenue East and 13th Street East within the road. right-of-way. There are no other apparent health or safety hazards near the subdivision.. 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. 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 site exists in an established residential area of Kalispell. The site is level and is not in or near a designated 1 oo-year floodplain per flood insurance rate map number 30029C 1320G 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 property. There are existing water and sewer mains directly accessible to the proposed lots within. the 4thAvenue East and 13thStreet East right --of ways. Access and Roads: Access to the property will be provided along 13thstreet East. This road exists within. a 66-Moot light -of -way and is considered a local street. 13th Street East is paved but in this area lacks curb, gutter, landscaped boulevard and 2 sidewalk as shown in the photograph below. one condition of approval requires the owner to improve this section of 13thStreet East from 4thAvenue East, west to the alley located on the west side of the property, to current city standards. As part of the street improvements the developer will be installing an additional storm drain at the southwest corner of 4thAvenue East and 13thStreet East. Photo 1: Looking west along 13thStreet East at the intersection of 13th Street East and 4th Avenue East. Sidewalks: The property does not currently contain sidewalks. Pursuant to Chapter 3 of the subdivision regulations, the owner is rewired to improve the right-of-way to city standards which would include a sidewalk, seeding and boulevard trees. The applicant has bonded for these improvements. The sidewalk would provide the start to a pedestrian path system along 13th Street East. The sidewalk will have a slight meander in front of the existing house on the property because the house encroaches within the 13thStreet East right-of-way by several feet. The photograph on the following page shows the approximate right-of-way boundary in relation to the existing house on the subdivision site. As the photo shows, the house encroaches within the road right-of-way by several feet. The Public works Department noted that individual homes or portions thereof are not permitted in the right-of-way. However, the department did not recommend that the several feet of the existing house be moved out of the right-of-way. The department came to this conclusion based on the following: • The age of the structure. (Property information on the State's website, htt : I Z &is.nzt. gov , has the house being built in 1920) • The relatively mm* or encroachment into the right-of-way. 3 a Rem0V g the front several feet of the house would not achieve any desired results for either an increased road width or the installation of a landscaped boulevard and sidewalk. A. sidewalk connection will also be installed along 4th Avenue East. The installation of a sidewalk along the west side of 4thAvenue East will provide for a continuous sidewalk from. 14thStreet East north to Center Street. Here again a slight meander will occur in the sidewalk to save an existing tree located on the right-of-way boundary. Photo 2: Looking west along 13th Street East. This photo shows the approximate location of the 13th Street East right--of-way in relation to the existing house on the site. Schools: This property is within the boundaries of School District # 5, Kalispell. This subdivision is residential in nature and will have limited impacts on the enrollment of the school district. one to two school aged children may result from the addition of one single family house on the property. Parrs: Although a condition was placed on the preliminary plat to require a cash in lieu of parkland payment be made, upon further review of the state statute regarding parkland, the city cannot require parkland or cash in lieu payment if only one additional lot is being created. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. M Refuse Dis osal: 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 residential 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 2.03 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there are no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental, wildlife and wildlife habitat and the public health and safety. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. G. Compliance with the Kalispell zoning Ordinance: The property is zoned R- 4, Two Fa mdy Residential. This zoning district has a minimum lot width requirement of 50 feet and a minimum lot size requirement of 6,000 square feet. Two of the proposed lots do not meet the minimum lot size or lot width under the R--4 zoning district. However, the two lots are considered sublots which are defined as a portion of a platted lot designated for separate ownership from other portions of the lot and used for townhouse or other construction that has separate ownership of parcels. Section. 27.22.130 of the Kalispell Zoning Ordinance requires sublots to be within a recorded subdivision lot whose area is at least 6,000 square feet; the sublot must be 2,000 square feet or greater in size. The proposed sublots meet these requirements. Staff recommends that the Kalispell City Council adopt Staff Report KWP-08-03 as findings of fact for the proposed subdivision and approve the final plat. 5 August 13, 2008 Montana Mapping 1405 Hwy Z west Kalispell MT 59901 Dear Sirs: RE: Resubdivision of Lot 1 Block 250 of Kalispell Addition No 7 Municipal Facilities Exclusion EQ #09T 118 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(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 outer or disposal of sewage are proposed f 76-4-111 (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, /anet ✓ / y�f Skaarland Compliance Specialist Subdivision Section (406) 444--1801 — email j s aarl and Fnif. goo cc: City Engineer County Sanitarian file Enforcement Division • Permitting & Compliance ]Division o Planning, Prevention & Assistance Division - Remediation Division of Ka PC fl Parks and Recreation September 4, 2008 Dan Sandler 11 Harvest Lane Kalispell, MT 59901 306 1 st Ave East — P O Box 1997 -- Kalispell MT 59903-1997 Phone: (406) 758-7900 Fax: (406) 758-7719 Email: cfincher@kalispell.com Re: Corner of 4th Ave & 131h Street East To whom it may concern: This letter is to serve as approval on the landscaping plans for the corner of 4th Ave & 13th Street East per the plans I reviewed with you. It is agreed that the project is going to be secured by a letter of credit, expiring on dune 30 , 2009. Kalispell Parks and Recreation is in receipt of the irrevocable standby letter of credit Dated September 3, 2008 and numbered 2309600450 from First Interstate Bank in Kalispell. Tree plantings are required to meet the Street Tree Ordinance standards of 2 1/4if caliper, be of an approved species from the Kalispell Parks department planting list and be planted to ISA standards. No rock will be accepted as mulch or ground covering along the boulevards behind the sidewalk towards the curb. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time bonding and/or letter of credit would be released if it is in place. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely, f,a Chad Fincher, Parks Superintendent Cc: Mike Baker, Parks and Recreation Director Sean Conrad, Planning Department MUNICIPAL FACILITIES ExCLUSION CHECKLIST (Formerly Master Plan Exclusion) Below please find the information required under §76-4-12, MCA, regarding a municipal facilities exclusion for this subdivision within a growth policy area or first-class or second-class municipality. Use of this checklist is only appropriate when the municipality is providing the water and sewer main service and when the municipality engineering staff is reviewing the plans and specifications prior to approval. Name of subdivision 'P,,F4, ub(t Y;.s 1, M1, 4 1 z& I 2. Applicant: Namen", -P � ----------- _R .. . . ....................... Address q6,)r-)t < t Rna 11, ry 3. Engineer: Name Mna-48 ftAn Daft Address 61 4. Copy of the preliminary or final plat: Attached L---'Number of parcels in the subdivision ' 5. A copy of any applicable zoning ordinances in effect: Attached �� Not applicable 6. How construction of the sewage disposal and water supply systems or extensions will be financed (method of financing) QrjV&+t, d!C_1VeA()V'e_4V"' 7. Certification that the subdivision is: (Check one) ithin a jurisdictional area that has adopted a growth policy within a first-class municipality Within a second-class municipality 8. Copy of growth policy: Attached Can file Not applicable 9. Location of the subdivision to the city or town, vicinity snap attached: Yes �r No 10. will the owner of the municipal facilities own, operate, and maintain the water supply, sewage disposal, solid waste, and storm water facilities? Yes wl"' No 11. All water and sewer mains or extensions as defined in §76-4--102, MCA, (a main or extension is any line that serves more than one building or living unit will be under the control and maintenance of the certifying municipality? Yes No 12. Will the existing water main(s) need to be extended to serve the subdivision? Yes No 13. Will the existing sewer main(s) need to be extended to serve the subdivision? Yes No � 14. Exclusion Checklist review fee ( $75) included: Yes ,� No 15. 1 certify that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within one (1) year after notice of certification is issued, and 1 certify that the governing body has reviewed and approved plans to ensure adequate storm water drainage. 1 further certify that 1 am authorized to sign this form on behalf of the governing body. Name -OP6 c- —s Signature (Please print legibly) Department P014 4-C - E) A44d Title � ''{ PAI$ ", C, City kA-4_,S e,- L— Zip Code �J' �f� � Phone Please sign and send with the $75 review fee to: M ONTANA DEPARTMENT of ENVIRONMENTAL QUALITY SUBDIVISIaN REVIEW SECTION, PERMITTING & COMPLIANCE DIVISION Po Box 200901 HELENA MT 59620 Revised 12103 August 20, 2008 Flathead County Planning and .honing 1035 First Ave. west Kalispell, MT 59901 Attention: Sean Conrad, Senior Planner, Please find enclosed the Final Plat application for Eastside Townhouses. The following are attached to this cover letter and the conditions have been met in the following ways. a. Final Plat application with a cheep for fees is attached. b. Most current Deed c. Current Title Report d. Consent to Plat signed and notarized by -Provident Financial. e. Subdivision Improvement Agreement f. Bonding documentation g. 11 X 17 of Final Plat is attached. h. Signed Notarized 1Vlylars are attached. 1. Documentation all taxes are paid up to date. 1. The Final Plat is in substantial compliance with the preliminary plat that was waived on May 15, 2008. 2. All existing fencing within the 13th Street Fast right-of-way has been removed. 3. A revised parking plan for the 2,600 square foot sub lot is attached. 4. The following note is placed on the final plat: "Property owners(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." 5. The stand-up curb, landscaped boulevard and sidewalk are being bonded for and the appropriate documents are attached. 6. All drainage improvements are being bonded for and the appropriate documents are attached. 7. The paving for the alley on the west side of the property is being bonded for and the appropriate -documents are attached. S. A municipal Facility exemption has been obtained from Montana Department of Environmental Quality and a checklist from Kalispell Public warps are attached. All existing and new utility easements are shown on the final plat. 9. Separate water and sewer service lines are not installed to each of the sub lots. All easements are shown on the final plat. 10. This proposal is exempt from Parkland dedication requirements. 11. All permits will be approved and issued from Kalispell Public works Department prior to any excavation or earthwork. 12. All areas disturbed during development shall be re --vegetated with a geed -free mix immediately after development. 13. The waiver of preliminary plat approval is valid for three years and will expire on May 20, 20011. Professionally, Brooke Laidlaw Howard Montana Mapping Associates 1405 Hwy 2 west Kalispell, MT 59901 1--406-752-3539 Planning Department 201 1" Avenue ]East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 Www.kafisvell.com/plannin FINAL PLAT APPLICATION Project /Subdivision Name: Gf�t�S i C� °� 7ftk�nhOu&Z Contact Person: Name: NIP.,.. , s� Address: 0:5 A1,14 Phone ,9 5 co?— —353 . Date of Preliminary Plat Approval: Mlg�S, 29nk Owner & Mailing Address: W f awl,�MW' Type of Subdivision: residential Y Industrial Commercial PUD Other Total Number of Lots in Subdivision Land in Project (acres) A 5 Parkland (acres) —/�(�— Cash -in -Lieu $ Exempt No. of Lots by Type: Single Family Townhouse i Mobile Home Park _ Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property p40 atz /0+ 6" C��o coo W�b &_ vi "n 9 IAOA4�_ - AAA- S_Q 0�krnA I I -111--k "11-11 rakri 6.4� a e�yl FILING FEE ATTACHED Minor Subdivision with approved preliminary plat $400 + $125/lot Major Subdivision with approved preliminary plat $800 + $125 lot Subdivisions with Waiver of Preliminary Plat 00 + $125 /0'� Subdivision Improvements Agreement C 46'. 1 a 1 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 exam1n1ng and 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 50 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 fi lat ap "cations be accompanied with a digital copy, - - r-t Owner(s) Signature ' 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. VP Consent to Platting Pursuant to Section 76-3-612, MCA, the undersigned, Provident Financial, lne,, Beneficiary, as recorded May 16 2008, Document No. 2008- 00013609 records of Flathead County, Montana, hereby consents to platting and dedication of land included in the plat of Eastsid.e Townhouses. State of MUTW ) : ss. County of Et&iR"b On this 2 1 'Stdayof , 2007, before me the undersigned, a g � Notary Public for the State of personally appeared BfA known to me to be the person whose name is subscribed to this instrument, and acknowledged that they executed the same. In witness whereof, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above written. a• : NOTARY PtlM.1C br fAs SUft Monom se�►L °� Notary Public for the State of HU�j�% � ie..id�+o a��ca�.�, Ma►ww � wNm ExphuResiding at 41bwj/ My commission expires on bZ' 2R -P 201 E Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Montana Mapping FOR: Sandler DATE: 7/15/2008 DESCP : Kalispell Add 7 Resubdivision L.1 PURPOSE: Amd Plat Blk. 280 17-28_21 YEARS ASSESSOR # 2.004 . th ru . 2007 Deputy Treasurer (seal) AA1G 21 2DO TICOR TITLE INSURANCE COMPANY Policy No. 7403078= 119 6 GUARANTEE TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, guarantees the Assured against actual loss 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. 1. 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. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR FURTHER INFORMATION AS TO THE AVAILABILITY AND COST. Dated:kt I i � sl.+�96 t J A0 g , ";� vik Authorized Signatory TICOR TITLE INSURANCE COMPANY By FPresident Attest A w Secretary Reorder Form No. 8993 (Reprinted 12/00) Miscellaneous Guarantee Face Page For Use In Montana & Washington CERTIFICATE OF PLAT SCHEDULE A Guarantee No.: 7403078---t 196 Order No.: 2060809067 Liability: 1 000.00 Fee: 50.00 1. Name of Assured: Montana Mapping 2. Effective Date of Guarantee: August 14, 2008 at 7:30 AM The Assurances referred to on the face page hereof are: That, according to the Company's property records relative to the following described real property (but without examination of those Company records maintained and indexed by name) : Lot I in Block 250 of Kalispell Tow site Company's Addition Number Seven to .Kalispell, according to the official plat thereof, bled in official Records of Flathead County, Montana. The above described tract of land shall hereafter be known as: Eastside Townhouses Title to said real property is vested in: Daniel A. Sandler and Karen Sandler as joint tenants. B. There are no mortgages or deeds of trust which purport to affect said real property, other than those shown below under Exceptions: SEE SCHEDULE B No guarantee is made regarding (a) matters affecting the beneficial interest of any mortgage or deed of trust which may be shown herein as an Exception, or (b) other matters which may affect any such mortgage or deed of trust. No guarantee is made regarding any liens, claims of lien, defects or encumbrances other than those specifically provided for above, and, if information was requested by reference to a street address, no guarantee is made that said real property is the same as said address END of SCHEDULE A CERTIFICATE OF PLAT Order No: 2060 09067 Policy No: 7403078-1196 SCHEDULE B EXCEPTIONS: 1. 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. 2. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property 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. 4. 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. 5. Taxes, including any assessments collected therewith, for the year 2008 which are a lien not yet payable. 6. Any right, title or interest to all minerals in or under said Land including, but not limited to metals, oil, gas, coal, stone, and mineral rights, mining rights and easement rights or other matters relating thereto, whether expressed or implied. 7. A Deed of Trust/Trust Indenture to secure an indebtedness in the amount show below and any other obligations secured thereby: Amount: $316,971.00. Trustor/Grantor: Daniel A. Sandler and Karen Sandler. Trustee: First American Title Co. of Montana. Beneficiary: Provident Financial, Inc.. Dated: May 15, 2008 Recorded: May 16, 2008. Instrument No.: 2008-00013609 of Official Records. 8. Easements, reservations, restrictions, notes and/or dedications as shown on the unrecorded plat of Eastside r '• 1 own ou.ses. 9. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat Approval, to be recorded with Eastside Townhouses, of Official Records. 10. Certificate of Utitlity Easement as shown on unrecorded plat of Eastside Townhouses. 11. Note: The property described is in the Kalispell Fire District. END OF SCHEDULE B 'w+�r,�� • -; w ■TM Bump=fir 1�� �""'�."�' s w.www' ■ as aw' t OPE - tit go f �,,,. _IL us 11W gig- ■ r r � mo-+ � s OW t i - + M try � 1 Ok �►�'- i ram. .•� , . , r���r t Al■ �a` OMMOS St lit — gig x . •ss V • rya � - � � � � � .� * j ■� . ■ M i yrrr rt AV ,�•.� OWL mp NOW ■ t r r ,+ M .. • ■ ■kp Mjob _ A _ t vp i ` ■■ 140 � IV R P - � 1VICINITY MAP SCALE 1 100 FINAL PLAT - EASTSIDE TOWNHOUSES A 2 LOT TOWNHOUSE SUBDIVISION ON .16 ACRES IN THE R-4 (TWO FAMILY RESIDENTIAL) DISTRICT PIAT DATE 8/21/08 FILE# KWP-08-03 H:\gis\site\kwp08_03 Eastside Tfi.dwg