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Staff Report - Jorgenson Annex and ZonePLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: KA-17-07 — Annexation and Initial Zoning of R-4 (Residential) upon Annexation of Western Portion of an Existing Lot and Zone Change of Eastern Portion of the Lot From RA-2 (Residential Apartment/Office) to R-4 MEETING DATE: March 5, 2018 BACKGROUND: The property at issue, 1373 Whitefish Stage Road, is currently partly in the city and partly in the county. The application request from Ara Jorgenson is for the annexation and initial zoning of the county portion of the property, along with the rezoning of the portion of the lot already within the city. The overall lot size is approximately 0.875 acres, with approximately 0.597 acres with an existing house to be annexed (currently zoned County RA-1 with a request for an initial zoning of City R-4) and the remaining approximately 0.278 acres to be rezoned from City RA-2 (Residential Apartment/Office) to R-4 (Residential). The zoning request would thus make the entire property R-4 (Residential). The annexation request and city zoning classification were reviewed in accordance with Section 27.03.010(4) and Chapter 27.29 of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The property can be legally described as follows: Lot 2 of Amended Plat of Lots 1 & 2, Subdivision No. 150, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The western approximately 208.82 feet of the property is the portion to be annexed with initial zoning of R-4. The eastern approximately 98.79 feet of the property is the portion already within the city with the request to rezone so that the entire property would be zoned R-4. The Kalispell Planning Board held a duly noticed public hearing February 13, 2018, to consider the application request. Staff presented staff report KA-17-07 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the Kalispell City Council that the annexation, initial zoning, and re -zoning requests be granted. There was no public testimony and the public hearing was closed. A motion was presented to adopt staff report KA-17-07 as findings of fact and recommend to the Kalispell City Council that the western portion of the property be annexed with an initial zoning designation of City R-4 and that the eastern portion of the property already in the city be rezoned to R-4. Board discussion concluded that the requested annexation and zoning was appropriate and the motion passed unanimously upon roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution 5858, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including therein as an annexation the western approximately 208.82 feet of certain real property described as Lot 2 of Amended Plat of Lots 1 & 2, Subdivision No. 150, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1806, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as Lot 2 of Amended Plat of Lots 1 & 2, Subdivision No. 150, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, to City R-4 in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City. ALTERNATIVES: City Council could deny the request or, alternatively, could allow the property owner to connect to city sewer service with a waiver of protest of annexation. ATTACHMENTS: Resolution 5858 Ordinance 1806 Annexation and initial zoning Staff Report KA-17-07 Minutes of the February 13, 2018, Kalispell Planning Board Application Materials c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 RESOLUTION NO. 5858 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY DESCRIBED AS LOT 2 OF AMENDED PLAT OF LOTS 1 & 2, SUBDIVISION 150, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS JORGENSON ADDITION NO. 435, TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell received a petition from Ara Jorgenson, the owner of the above - referenced property, requesting the City of Kalispell annex the territory into the City; and WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation Request, #KA-17-07, dated February 13, 2018; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the territory be zoned City R-4, Residential upon annexation into the City of Kalispell; and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That all the real property described as Lot 2 of the Amended Plat of Lots 1 & 2, Subdivision No. 150, according to the map or plat there of on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, be annexed to the City of Kalispell and the boundary of the City is altered to so provide. SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. SECTION 4. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 5TH DAY OF MARCH, 2018. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk ORDINANCE NO.1806 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS LOT 2 OF AMENDED PLAT OF LOTS 1 & 2, SUBDIVISION NO.150, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, CURRENTLY ZONED COUNTY RA-1(RESIDENTIAL) TO CITY R-4 (RESIDENTIAL) AND CITY RA-2 (RESIDENTIAL APARTMENT/OFFICE) TO R-4 (RESIDENTIAL) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY — PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Ara Jorgenson, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tracts of land, currently zoned County Residential be zoned R-4, Residential, on approximately 0.597 acres of land, and be zoned R-4, Residential, on approximately 0.278 acres of land; and WHEREAS, the property is located at 1373 Whitefish Stage Road; and WHEREAS, Ara Jorgenson's petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-17-07, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Residential, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on February 13, 2018, and after considering the Staff Report #KA-17-07 as well as public comment and discussion, recommended that the zoning be City R-4, Residential, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-4, Residential, the City Council finds the recommendation of the Kalispell City Planning Board to zone the property as R-4, Residential, to be compatible to the existing neighborhood and consistent with the Kalispell Growth Policy — Plan It 2035 and adopts, based upon the criterion set forth in Section 76-3- 608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the essential findings of fact of KPD as set forth in Staff Report No. KA-17-07. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the property described above as R-4, Residential. SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 3. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 19TH DAY OF MARCH, 2018. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk JORGENSON ANNEXATION ANNEXATION AND INITIAL ZONING OF R-4 UPON ANNEXATION ZONE CHANGE FROM RA-2 TO R-4 STAFF REPORT #KA-17-07 KALISPELL PLANNING DEPARTMENT FEBRUARY 13, 2018 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from Ara Jorgenson. The request is for the annexation and initial zoning of a lot located at 1373 Whitefish Stage Road, along with the rezoning of a portion of the lot already within the city. The zoning request for the property is R-4 (Residential). The overall lot size is approximately 0.875 acres, with approximately 0.597 acres with an existing house to be annexed and the remaining approximately 0.278 acres to be rezoned from City RA-2 (Residential Apartment/Office) to R-4 (Residential). A public hearing has been scheduled before the planning board for February 13, 2018, beginning at 6:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION Ara Jorgenson recently purchased a single-family residence at 1373 Whitefish Stage Road with the intent of opening a group home for 8 or fewer elderly dementia patients, and she is in the process of obtaining a conditional use permit from the county to operate the home. The septic system for the existing home is likely not sufficient for the use, so she approached the City about connecting to an adjacent city sewer main in Granary Ridge subdivision. Public Works reviewed the request to connect and, based on the applicant's engineer's report, determined that the line has sufficient capacity. It has been the City's recent policy that annexation is required for connection to city services and the applicant has been willing to annex. This particular property has a history that led staff to question whether requiring annexation to connect to services in this instance is in the City's interest. The house sits on the east side of Whitefish Stage near the bluff overlooking Village Greens. The back end of the property suffered a severe sluff several years ago that led to a major bank stabilization project coordinated by the County through federal grant funds. The concern is not related to the provision of services; staff believes that the provision of services is not an issue. Rather, the concern is that annexation may create a potential liability related to the bank stability. 1 It is also important to note that the eastern .278 acres of this property was previously annexed into the City approximately 17 years ago as part of a separate, larger parcel. It was then split from the larger parcel and added to this property approximately 11 years ago, which resulted in the western .597 acres of the subject property being in the county and the eastern .278 acres being in the city. The question of whether or not to annex the property is a policy decision. The current policy is to require annexation when services are provided, but there is nothing in city code that mandates annexation. City Council could decide that the specific circumstances related to this property allow for a waiver of protest of annexation to be sufficient. This report evaluates the application in accordance with state and local regulations. The annexation request and city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2- 4601 through 7-2-4610, M.C.A., Annexation by Petition. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76- 2-304, M.C.A. A. Petitioner / Owner: Ara Jorgenson 1373 Whitefish Stage Road Kalispell, MT 59901 B. Location and Legal Description of Properties: The property is located at 1373 Whitefish Stage Road and can be legally described as follows: Lot 2 of Amended Plat of Lots 1 8v 2, Subdivision No. 150, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The western approximately 208.82 feet of the property is the portion to be annexed with initial zoning. The eastern approximately 98.79 feet of the property is the portion already within the city with the request to rezone so that the entire property would be zoned R-4. 2 fa C. Existing Land Use and Zoning: The subject property is developed with a single-family residence. The current zoning is county RA-1 (Residential Apartment) and city RA-2 (Residential Apartment/Office). D. Proposed Zoning: The proposed zone for the entire lot is city R-4. The R-4 Zoning District is defined as a district "Comprised of primarily single- family and duplex dwellings. Development within the district would require all public utilities, and community facilities. This zoning district would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map." E. Size: The subject property is 0.875 acres. F. Adjacent Zoning: North: County RA-1 East: City R-4 West: City RA-1 South: City R-4(PUD) and City R-5 G. Adjacent Land Uses: North: Single-family East: Single-family and golf course below the bluff West: Single-family South: Single-family/townhouse, offices and elementary school 3 H. General Land Use Character: The general land use category of the area can be described as primarily single-family residential, however, it is in a transition area from urban city development to county subdivision development. The primary use within the area is single-family, and is near Buffalo Stage, Granary Ridge, Village Greens, and Mission Village subdivisions. Additional uses within the vicinity include an elementary school, offices, churches and a golf course. I. Utilities and Public Services: Water service will continue to be provided by Evergreen Water. City sewer service would be provided. The service connection has been reviewed and approved by the Kalispell Public Works Department. Sewer: Water: Refuse: Electricity: Natural Gas: Telephone: Schools: Fire: Police: City of Kalispell if annexed or waiver of protest filed Evergreen Water Evergreen Disposal Flathead Electric Cooperative Northwestern Energy CenturyLink School District 5 City of Kalispell if annexed City of Kalispell if annexed I. ANNEXATION EVALUATION 1. Compliance with the growth policy A goal of the growth policy is to provide a comprehensive, effective growth management plan that provides for all the needs of the community, is adaptable to changing trends and is attuned to the overall public welfare. There are two particular sections of the growth policy which are relevant to this request. First, Chapter 5 on the Natural Environment specifically calls out that "Soil stability and erosion pose limitations on development on or near sloping sites, particularly along the high banks of the Whitefish and Stillwater Rivers." Therefore, it is a policy that "Development should be designed to avoid and minimize impacts to environmentally sensitive areas including . . . high bank areas adjacent to the Whitefish and Stillwater Rivers and their tributaries." In this case, it is not new development. Instead, it is an existing home that currently has a septic system that arguably contributes to bank stability problems in the area. Connecting the home to city sewer and reducing the water injected into the bluff area would seem to further that policy by reducing the load placed on the soil. .19 Second, Chapter 9 on Public Infrastructure and Services, lists goals of making public sewer available to areas that are in close proximity to services, and a policy that annexation should be required when services are extended to an unincorporated area. In addition to these cited goals, the city council adopted an annexation policy in 2011 with a corresponding map as an addendum to the city's growth policy document. The purpose of the annexation policy is to give the planning board, the council, and the development community direction when property owners outside of the city limits are requesting municipal services and annexation. The property proposed for annexation falls inside the city's direct annexation boundary. 2. Municipal Services: A city sewer main is located adjacent to the property to the south and the applicant can connect to the system without an extension of the main. The site is currently protected by the Evergreen Fire District and the Flathead County Sheriffs office. The applicant has submitted a Notice of Withdrawal from Rural Fire District. At the time of annexation, the property will be served by the Kalispell Fire Department. The site lies approximately 2.4 miles from Fire Station 62 and is readily serviceable by the city fire, police and ambulance services, all of which now respond to the adjacent neighborhoods within the City of Kalispell. Given the level of existing services available to and in place, annexation of the property will not overburden the municipal services. 3. Distance from current city limits: The project site borders city limits to the south and across Whitefish Stage to the west. The eastern portion of the lot is already within the city. Annexation will serve to be a logical expansion of the existing city limits. 4. Cost of services: If annexed to the city, city services will be made available to the property owner. Any necessary infrastructure associated with this development will be required to be constructed in accordance with the City of Kalispell's Design and Construction standards and any other development policies, regulations or ordinances that may apply. The property owner plans to connect to city sewer after either annexation or signing a waiver of protest of annexation. A cost of services analysis has been prepared for this property. The analysis is only an estimate based on a variety of assumptions. The analysis does not take into consideration changes in methods of 5 assessment and estimated costs associated with services. The information can only be used as a general estimate of the anticipated cost of services and revenue. The cost to serve the land proposed for annexation is shown in the attached cost of service analysis - Initial Annexation. The total cost of services is estimated to be $732.46 for police, fire, and general government services, since there is a single-family residence on the property. Based on the city's taxation and assessment policies, the property will generate approximately $2,309.34 in total annual revenue to the city ($1,145.50 in taxes and $1,163.84 in assessments). Based on this analysis, the annexation will be a net gain to the city of approximately $1,576.88. H. INITIAL ZONING AND ZONE CHANGE EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2- 303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. The site is currently zoned county RA-1 and city RA-2. The applicant is requesting a city R-4 zoning designation for the entire property. The Kalispell Zoning Regulations state that the R-4 Zoning District is "Comprised of primarily single-family and duplex dwellings. Development within the district would require all public utilities, and community facilities. This zoning district would typically be found in areas designated as Urban Residential on the Kalispell Growth Policy Future Land Use Map." 1. Does the requested zone comply with the growth polic? The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. As stated above, the R-4 Zoning Districts would typically be found in areas designated as Urban Residential on the Kalispell Growth Policy Future Land Use Map. Therefore, the requested R-4 designation complies with the growth policy, which anticipates the R-4 zones at this location. 2. Will the requested zone have an effect on motorized and non -motorized transportation systems? The requested zone would have little to no impact on the transportation system as a single-family residence already exists at the location. 3. Will the requested zone secure safety from fire, panic, and other dangers? rol Adequate access and public facilities are available to the site in the case of an emergency, and there is nothing about the proposed zoning designation that would negatively impact the surrounding properties relating to those dangers. 4. Will the requested zone promote the public health, safety and general welfare? The requested zoning classification itself would have limited impact on the promotion of the public health, safety, and general welfare, but the provision of sewer services would help protect the slope stability of this parcel and adjoining properties. S. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for additional development occurring on this site are established in the Kalispell Zoning Ordinance to ensure adequate light and air are provided. 6. Will the requested zone promote compatible urban growth? The existing development already blends into the mixed development surrounding the property. The requested zoning district is compatible with the urban land use pattern that is established in this area. 7. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are currently available to the property. The proposed annexation and zoning designation is intended to allow connection to city sewer rather than the existing septic system on the property. 8. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed R-4 zone is consistent with the surrounding urban development of the area. The R-4 zone gives due consideration of the suitability of this property for the permitted uses in the zoning district. 9. Does the requested zone give reasonable consideration to the character of the district? The proposed zoning is consistent with the character of the area, which has a mix of residential, office, churches, an elementary school, and a golf course. 7 10. Will the requested zone avoid undue concentration of people? The density of the requested zone is consistent with the growth policy of Urban Residential and surrounding city zoning districts. 11. Will the proposed zone conserve the value of buildings? The value of the buildings in the area will be conserved because the R-4 zone will promote compatible and like uses on this property as are found on other properties in the area. Provision of sewer service would tend to help protect surrounding buildings by reducing the load on the soils on the bluff. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Urban -scale residential development should be encouraged in areas where services and facilities are available. In this case, a sewer line is located adjacent to the property. The proposed zoning is consistent with the growth policy future land use designation and is compatible with current city zoning in the immediate area. RECOMMENDATION Staff recommends that the Kalispell City Planning Board adopt Staff Report #KA- 17-07 as findings of fact and recommend to the Kalispell City Council that the property be annexed and that the zoning for the entire property be R-4 (Residential). Attachments: Submitted Application Vicinity Map Cost of Services Analysis N. KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING February 13, 2018 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were: Chad Graham, George Giavasis, Doug Kauffman, Rory Young, Steve Lorch and Ronalee Skees. Christopher Yerkes was absent. Tom Jentz, Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Lorch moved and Skees seconded a motion to approve the minutes of the January 9, 2018 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. PUBLIC COMMENT None. BOARD MEMBER SEATED Young recused himself from Southside Estates because he is representing the applicant. SOUTHSIDE ESTATES A request from T Development, LLC for a ajor subdivision to be known PRELIMINARY PLAT — PHASE 2 as Southside Estate — Phase 2. The request would s ivide 9.6-acres of land into 30 residential lots and 3 utility lots for storm wa . The residential lots are broken up into 4 single-family lots and 26 townhouse lots for a total of 56 housing units. The subject property was recently annexed into the City of Kalispell and is located within the ty R-4 and RA-1 Zoning Districts. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report #KPP-17-04. Nygren revied the staff report and noted that the applicant has applied for a variance from the Kalispell Subdivision Regulations regarding block lengths and right-of-way extensions. Nygren went over the variance request and the findings f variance approval. Staff recommends that the Kalispell City Planning Board adopt staff report #KPP-17-04 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Southside Estates — Phase 2 be approved, subject to the conditions listed in the staff report. BOARD DISCUSSIO one. PUBLIC HEARING Rory Young — Jackola Engineering, 2250 Hwy 93 S - representing applicant; asked that condition # 6 in the staff report be re -worded to state that the sewer capacity analysis be completed to verify the existing lift station has enough capacity, not the existing system; feels this will clarify the fact that it is only the lift station being tested not the entire city sewer system. MOTION - ORIGINAL Skees moved and Kauffman seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-17-04 as findings of fact and recommend to the Kalispell City Council that the preliminary plat Southside Estates — Phase 2 be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION Giavasis felt that it would be short sided by not requiring a right-of-way extension to the south and that they would be assuming nothing would happen on those properties. After lengthy discussion the Board felt there were too man Kalispell City Planning Board Minutes of the meeting of February 13, 2018 Page I 1 obstacles with a right-of-way extension to the south and agreed that the variance should be granted per the findings mentioned in the staff report. MOTION — AMEND CONDITION #6 Lorch moved and Skees seconded a motion to amend staff report #KPP-17-04 to amend condition #6 to be reworded from its original text to read — A sewer capacity analysis shall be completed on the existing sewer lift station located at the north entrance of Southside Estates Phase 1 to verify the system has enough capacity. BOARD DISCUSSION None. ROLL CALL — AMENDED MOTION The motion passed unanimously on a roll call vote. ROLL CALL — ORIGINAL MOTION The motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Young returned to his seat STEVE LORCH RESIGNATION Chad Graham announced Lorche's resignation and presented him with a certificate of recognition. WFHTEFISH STAGE GROUP HOME A request fr ra Jorgenson for annexation and initial zoning of a lot located ANNEXATION at 1373 White h Stage Rd, along with the rezoning of a portion of the lot already within the The zo equest for the property is R-4 (Residential). STAFF REPORT Tom Jentz, representi alispell Planning De artment reviewed Staff Report #KA-17-07. Staff recommen that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-17-07 as findings of fact and recommend to the Kalispell City Council that the propeky be annexed and that the zoning for the *014 entire property be R-4 (Residential). "W BOARD DISCUSSION Young inquired about the CUP application. Jentz advised that staff recommended to the applicant that they acquire a CUP from the county for the group home (8 or fewer) in order to expedite the process on their end. Once they are annexed into the city, the city will then honor that CUP and the applicant can move forty more quickly. Jentz also noted that group homes could not have any requirements placed on them any different than a single-family home, thus whether the CUP was approved in the County or City it would result in the same thing. PUBLIC HEARING None. MOTION Kauffman moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KA-17-07 as findings of fact and recommend to the Kalispell City Council that the property be annexed and that the zoning for the entire property be R-4 (Residential). BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS KA-17-06 — A request to annex a 15-acre parcel into the city and zone the land CROSSINGS @ SPRINGCREEK — RA-2 upon annexation. The property is currently within the county and zoned ANNEXATION, ZONING & county R-1 (Suburban Residential). The property is currently undeveloped, CONDITIONAL USE PERMIT however, upon annexation the applicant is requesting to construct multi -family residential apartments. Kalispell City Planning Board Minutes of the meeting of February 13, 2018 Page 12 KCU-17-10 — A request for a Conditional Use Permit for a 324-unit market rate multi -family apartment complex within the RA-2 (Residential Apartment/Office) Zoning District. The Conditional Use Permit application would be subject to approval of application KA-17-06, mentioned above. MOTION — REMOVE FROM TABLE Skees moved and Kauffman seconded a motion to continue the discussion for the Crossings @ Springcreek — annexation, zoning and conditional use permit. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report #KA-17-06 and #KCU-17-10. BOARD DISCUSSION Young asked staff for clarification on the updated traffic study and updated storm water information and if the applicant will still be required to meet the development standards for design & construction. Nygren advised that yes, if the annexation, zoning and CUP are approved through City Council then the applicant will have to apply for buildin permits, at which point Public Works and the Site Review Committee will ve to sign off before any building permits are issued. Nygren also clarill e potential impacts if the property were developed within single-family homes in an R-4 Zone. Nygren noted that a far as bulk and scale the impact could be greater due to similar height between the R-4 and RA-2 zone; howev e setbacks would be much less with a single- f ly development. MOTION FROM 12/12/17 — Skees moved and Kauffman seconded a motion that the Kalispell City Planning ANNEXATION & INITIAL ZONING Board and Zoning Commission adopt Staff Report #KA-17-06 as findings of fact and recommend to the Kalispell City ilthat the property be annexed and the iitial zoning for roperty annexation be RA-2 (Residential %inc AO% Apartment/Office). ROLL CALL The motion passed unanimously a roll call vote. PUBLIC HEARING — CROSSINGS @ Mary Miller — 30 Teton St — opposed to project, concerned about crime, SPRINGCREEK CONDITIONAL additional traffic and losing her view. Feels the project is too dense for the area. USE PE Marilyn Driscoll — 22 Glacier St — opposed to project, concerned about the property being higher than the existing properties once all the fill dirt is brought in, feels the project is too dense for the area and will not fit in at the RA-2 zoning since all the zoning around is RA-1 or less. Janice Rauthe — 6 Glacier St — opposed to project, concerned with snow melt from the garages surrounding the outside of the development. Asked about lighting and fire hydrants. Feels the additional traffic will cause problems. Larry Doty — 445 Meadow Hills Dr — concerned with additional traffic the project will bring as well as pedestrian access to get across Two Mile Dr. Diane Etter — 301 Aspen Loop — opposed to project, too much additional traffic, too dense for the area. Rosie Higham — 76 Hawthorn W — opposed to project, too much traffic. Concerned with additional crime and flooding from the higher elevation. Dan Savaize — 1305 3rd Ave E — mother lives on Teton St. — opposed to project, density is too high and will bring on too much additional traffic. Ben Lard — 254 Caroline Pt Rd, Lakeside — grandmother, Darcy McGlenn lives at 212 Three Mile Dr., feels the board should take more time to review project due to the density and feels the public is not being heard. Ronda Howell — 51 Hawthorne — concerned about the sewer connections proposed in the staff report and if the existing lift stations will be able to handle the additional sewage. Dave Mumby — mother lives @ 21 Yellowstone #3 — opposed to the project, feels the project is too dense, buildings are too tall and the additional traffic will cause a "demolition derby". Kalispell City Planning Board Minutes of the meeting of February 13, 2018 Page 13 Richard Turbiak — 14 3rd St E — was confused about the way the agenda was structured for tonight and why this item is considered old business and not a part of the public hearing. Graham clarified that the public hearing had already happened on 12/12/17 for the annexation and zoning. Mike Merchant — 288 4th Ave EN — feels the project is too dense and the buildings are too high. Nik SzalM — 15 Glacier St — concerned with snow removal and where the snow will be put, the groundwater and drainage. Craig Seminoff — owns the single story 4-plex at 66 Hawthorne — feels the project will bring too much additional traffic specifically on Hawthorne between Two Mile and Three Mile. Kelly Mower — 191ris Ct — project will bring on too much additional traffic and is concerned that pedestrians f be able to walk safely from point A to point B. Ahinn Todd Whipple — applicant — Consulting Engineers Inc — 21 S. Pines, Spokane Valley, WA — responded to public comment starting with a brief explanation of the traffic study and that the 3 second delay is an average and they will be able to get a better traffic study once the snow is gone. The 3 second average delay is an increase to the existing delays being experienced. He advised they want to work with staff and the community and that pedestrian traffic, vehicle traffic, storm drainage, snow removal, etc. are all things they are taking into account and will work with the city to do what is needed to make the project work. MOTION — CROSSINGS @ Skees moved and Young seconded a motion that the Kalispell City Planning SPRINGCREEK CONDITIONAL Board and Zoning Commission adopt Staff Report #KCU-17-10 as findings of USE PERMIT fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions in the staff report. BOARD DISCUSSION Giavasis does not have concerns with the density but feels that the design of the project does not suit the character of the neighborhood and feels the design should be more site specific and done in a more traditional manner. Feels it needs to be more pedestrian friendly. Graham asked staff to walk them through what will happen in the spring with the traffic impact study and where the data goes from there. Jentz explained that if the project is approved by City Council the developer will have to apply for the building permit and before that building permit can be approved Public Works will require that a traffic study be done, among other things, and then Public Works will take that data and advise the developer what standards/mitigation improvements they will have to meet in order to get the project approved. MOTION — ADD "LE F Graham moved and Giavasis seconded a motion to add a condition to staff SERVICE" CONDITION TAF report #KCU-17-10 that states "the existing level of service on the adjacent REPORT #KCU-17-10 transportation network shall be maintained. The level of service shall be defined by the traffic impact study and approved by Public Works." BOARD DISCUSSION Graham proposed the condition in order to assure the neighboring community that the existing level of service on the transportation network would be maintained. Young asked Graham to confirm that he was adding language that is either going to be conducive to or contrary to a city regulation. Graham confirmed, Young advised he cannot support that because we have a regulation for a reason and that City Council would be the only ones that could change that. Graham advised that he is just trying to get a noticeable process for the public. Jentz advised that Public Works will review the studies and determine if the level of services have dropped. Per the city requirements, if the level of service drops then mitigation will need to be implemented in order to maintain the existing level of service. Kalispell City Planning Board Minutes of the meeting of February 13, 2018 Page 14 VOTE BY ACCLAMATION - ADD The motion failed 2-3 on a vote of acclamation. "LEVEL OF SERVICE" CONDITION TO STAFF REPORT #KCU-17-10 MOTION — ADD PEDESTRIAN Giavasis moved and Kauffman seconded a motion to add a condition to staff ACCESS CONDITION TO STAFF report #KCU-17-10 that the developer add pedestrian access via Glacier Street REPORT #KCU-17-10 and 2 pedestrian access points onto Two Mile Dr. at the SW and SE corners of the property. BOARD DISCUSSION Young feels that this would only provide easy access for criminals in and out of those locations. Kauffman agrees and feels that the pedestrian access may be a detriment to the development. 46 VOTE BY ACCLAMATION - ADD The motion failed 1-4 on a vote ' clamation. "PEDESTRIAN ACCESS" CONDITION TO STAFF REPORT #KCU-17-10 ROLL CALL — ORIGINAL MOTION The motion passed 4-1 on a roll calll%,, - CONDITIONAL USE PERMIT NEW BUSINESS Jentz advised the board and the public that the Crossings at Spring Creek is planned to be on the March 5, 2018 City Council agenda at this time. Nygren advised the board that next month there will be a work session on Rockwood Ranch for an annexation, PUD and Preliminary Plat. Additionally, they would be reviewing two subdivision applications on Village Loop Drive where the applicant' are proposing to subdivide existing lots. ADJOURNMENT The meeting was adjourned at approximately 8:35pm. NEXT MEETING The next meeting of the Kalispell Planning Board will be held on Tuesday, March 13, 2018 at 6:00 p.m. and located in the Kalispell City Council hers, 201 l't Ave East. Chad Gra President APPROVED as Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of February 13, 2018 Page 15 PLANNING FOR THE FLTl'URE MONTANA Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 RECEIVED w<vw.haIis ell.coin/ planging PETITION FOR ANNEXATION AND INITIAL ZONING DEC 0 6 2017 KALISPELL PUNNING DEPARTMENT NAME OF APPLICANT: MAIL ADDRESS: CITY/STATE/ZIP: Kc iS ,'PHONE:. Lf 010 1 0 INTEREST IN PROPERTY: bu c( -Sifli 04rccrnmtathuVied Other Parties of interest to be Notified: PARTIES OF INTEREST: MAIL, ADDRESS: CITY/STATE/ZIP: INTEREST IN PROPERTY: PLEASE COMPLETE THE FOLLOWING: Address of the pro Legal Description: PHONE: (Lot and Block of Subdivision; Tract #) v2Zg7_1 (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac): � Current estimated market value �j�t(� . , at 50% build out at 100% build out Is there a Rural Fire Department RSID or Bond on this property Yes No If yes remaining balance is $ The present zoning of the above property is: RA-1 The proposed zoning of the above property is: State the changed or changing conditions that make the proposed amendment necessary: The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Kalispell Planning staff to be present on the property for routine inspection during the annexation process. %S / 7 (Applic t) (Date) Return to: Aimee Brunckhorst Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioncr(s) ftirther herein express an intent to have the property as herein described withdrawn from the `v e r ree h Rural Fire District under the provisions of Section 7-33-2127, Montana CodeAnnotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid waste services to this property for a minimum of 5 years from date of annexation. ��&jtzlwlm-ea) J 16 17 Petitioner/0 ner Date Petitioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATE OF MONTANA ) ss County of Flathead County On this � day of 1 CC.(-'6V4-' , c-4) 1- before me, the undersigned, a Notary Public for the State of Montana, personally appeared a; a. , � C rq P-_V1 So r) known to me to be the person whose name is subscribed to the for ping instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and L r-ouo DENYNE LOl1GHERY os NOTARY PUBLIC for the State of Montana SEAL * Residing at Kalispell, Montana pa¢ �oxMo My Commission Expires January 15, 2020 ss County of Flathead County Notary PuVic—'t to of Mtfnta Printed Name 'r�Z Residing at My Commission expires: U U On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribe to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, State of Montana Printed Name Residing at My Commission expires: .1 i a F �^s .sJee�aa;as 2Hsi f � 8m Es :� 3a E: 83.s� dax3� 39 g F C•065 E' E�•.H'289 10 46=fr9 y8 1�8y �.'as _aa �oQ q8q- �3=C WA aq;3 �L g �; Ey eta, as, ��•. nsN�'?a�s � �� g�$ jog ° ROE °�� a? IN- 9. 8 L . t 3 �A8�8 g8p III"s 9 8a' 4; 3 ta. 1s I 'Ai 'Hd 'SN3369 30V-171A alliv-19) }` ![O8A' Sp] x_iy S9M1g/y39 i0 SY5'F9/ f/ `� .Qatar M.yaoraas a — � riob9l o so:); 1 �o as V ip� f OSI ON NOIsINaBns = Na °' Ftn¢ �Mm £� o �a ��'pv do as o 0 � � � area sa � g II OF'bS2 3 bbJb.00N � �� A 3`JC15 NSl��l/HM O f h DocuSign Envelope ID: FA9F[3D44CC-88274146-90FD.078633AO7160 vrro- P1, �Ui s {, 13UY - SELF, AGREEMENT (Residential) �aarYc au.nivc �HRISTIE S (including Earnest Money Receipt) U� Q The use of this form is for REALTOR4i membars only (mernbers of the Montana Association of REALTOFtt )and cannr,t be used by any Other party for any purpose. Use of these forms by other Dames may result in legal action by the Montana association of REALTORSrs i This Agreement stipulates the terms of sale of this property. Read carefully before signing. 2 This is al legally minding contract. If not understood, seek competent advice. 3 Date: 11/240'201.7 Axe Jorgenson ~ 5 as I] joint tenants with tights of a surviv,orshjp❑ tenants in common, ® single In his/her own right, 0 © Other (hereinafter called "Buyer") agrees to purchase, and the 7 Seller agrees to sell the following described real property (hereinafter referred to as "property") commonly known 8 as 1373 99r ita.>vish STa a 5390z 10 In the City of xalis I. County of raathead 11 Montana, legally described as., — ,l 2 Lot 2 Sub 15 0 (. 6) j4m— d T+ lie LyLy ptn 13 14 '15 TOGETHER with all interest of Seller in Wcated streets and alleys adjacent thereto all easements and other 16 appurtenances thereto, and ail improvements thereon. All existing permanently installed fixtures and fittings that Are IT attached to the Property are Included in the purchase price and transfer to the Buyer. Certain fixtures and rrttincgs are '18 inctuded in the purchase price and transfer to the Buyer regardless of whether they are in fact permanently installed and 19 atWdied to the Property. These fixtures and fittings are electrical, plumbing and heating fixtures, wood, pellet, or gas 20 stoves, built -ill appliances, screens, storm doors, storm windows, curtain rods and hardware, windoyr treatments, 21 attached floor coverings, television antennas, sateNile dish, hot tub, air cooler or conditioner, garage moor openers and 22 contmis, fireplace inserts, mailbox, storage sheds, trees ono shrubs and perennials attached to the Property, atUched 23 buildings or structures, unless otherwise excluded below: 24 NA 25 26 27 28 PERSONAL PROPERTY: The folloviing items of personal property, free of liens and without warranty of condition 29 are induned and sh411 be transferred by bill of sale: ;30 Range, Microwave) Refrigerator, Window Treatments, Pellet Stave, Gaxags 31 Door Openers 32 33 LEASED/RENTED PERSONAL, PROPERTY: The following personal property is teased/rented: G we ter softener 34 ❑ water conditioner -1 propane tank Q- satellite dish iJ satellite control rJ alarm} system ❑ other 36 Brayer Is responsible for making arrangements Concemirtg Buye(s rtght to lease/real said iterns and Salter makes no 37 representalions or warranties concerning the transferability of said Items or the assignment of any agreements retaling 38 to the laaselre ntal of said Items. 39 40 PURCHASE PRICE AND TERMS: 41 $ 360,00D.00 Purchase Price: T reo 3aadrea sixty Pkoasrna (U.S. Dollars) 42 $ i , ooa . oe Earnest Money (credited to Buyer At dosing) - - - 43 359,O4o. oat Balance Due (not including closing costs, prepaids and proratians) payable as follows (check one): 45 U All cash at closing (no flnencing contingency), OR 46 13 Additional cash down Payment at closing in the rrinimurn amount of: 47 [1 S OR ❑ — % of the Purchase Price. 48 Balance to be financed as indicated below. 49 ® Conventional ❑ FHA C VA © hi1301-1, ❑ USDA-RD ❑ Seller nnandriq 0 Assumption 50 fl Other 51 The buyer is prequalified T#itb Sean McGrath at Wintrust Mortgage and will 52 provide a letter of loan approval by Monday 1.1 f 27 j17 at 5 pm. C�a11. Ptlanlana J�s&UCizilibrs of REAI.TG�§2�i Buy - gall Agroemam ResiderotiJai, March 2.Ul7 rage'l of f0 8 9 #nil to f11�� ^rh�n i nxs prcevaswd by GO-UAd .4 R yncicr a r quraRe:t Sro con i:a t :.+ t2413} - ! (aUr } ZF% S24b r --pg ►Cp 9*rcgusaxretmE. latstctneln�rtas kr-t DocuSign Envelope ID: FA9FDD4C-8827-4146-96FD-U78633Ad7160 53 CLOSING BATE. The date of closith shall be date 9 (date) 54 Tlhe parties tray, ox U5 2o1B (the 'Closing Oate"). by mutual agreement, close the trerisaction anticipated by this Agreement at any time prior to the date 55 specified. The Buyer and Seller will deposit With the closing ageni all instruments and funds necessary to complete the 56 purchase in accordance with this Agreement. It third party financing is required by the tarrns of this Agreement 57 (including assumptions, contracts for dead, and lender financing), the Closing Date may be extended wlthout 58 amendment by not more than 10 days to accommodate delays attributebfe solely to such third pang financing 59 including, but net limited to. delays attributable to governmental regulations. fill 61 POSSESSION: Seller shall deliver to Buyer possess:on of the ,property and allow occupancy: 62 C1 when the closing agent is in receipt of oil required. signed documents and all funds necessary for the purchase: OR 63 (9 on the date of recording the deed or notice of purchaser's interest. OR 64 ❑ 65 Property shall be vacant unless otherwise agreed In wijong. Seller shall 68 mailt)axes, security systems, alarms, provide keys and/or means ro operate locks, 67 garage door opener($), and Property Owner's Association facilities. if applicable. 68 PAYMENTIRECEIPT OF EARNEST MONEY: Buyer agrees to provide Earnest Money in the amount of 69 One Thousand U.S. Dollars ($ 1 Q0a.00 as evidenced by ❑ Cash: OR ©Check. 70 the receipt of which is acknowledged by the undersigned Srnkt rl --LL Q-O-.0 ] UIv 71 72 73 J40=ry Re colds was zsl-a246 '7574 (Broker/Salesperson's Printed Name and Phone Number) (Signature o�roker/Salejs-perswlaa a M tzelmoad9 76 To be signed only if in actual' receipt of cash or check 77 If Buyer falls to pay the Eamest Money as set forth above, $uyer will be In default of this Agreement and Seller shall 78 ba entitled to Immediately terminate this Agreement and declare any Earnest Money already paid by Buyer to be 79 forfeited. 80 tit DEPOSIT OF EARNEST MONEY: Ail parties €a this transaction agree, unless otherwise provided herein. that the 82 earnest monies will be deposited or delivered by the BrokerlSalesperson listed above within { a 63 days of the date alI parties have signed the Agreement or business ) 84 and such funds will be held in a trust account by i tJ a comma To se Asrormt 85 �_ 86 The parties agree that interest accruing ©n earnest money, If any. Willie deposited shalt be payable to the holder of the 87 earnest money unless 01herwise agased herein It interest is payable to the holder of the earnest money it is agreed that 88 sums era paid are consideration for services rendered. 89 90 The partles authorize the holder of the earrest money to forward to the closing agent upon its request, aN or any 91 p 6011 of the earnest money required to complete the closing of the transaction. 92 93 FINANCING CONDITIONS AND OBLIGATION$: 94 95 BUYER'S REPRESENTATION OF FUNDS: Buyer represents that they have sufllciar,=_ funds for the down R6 payment and closing Mstc to close this sale In accordance with this Agreement and are not relying upon any 97 Writingent source of such funds unless otherwise expressly set forih herein. 98 99 LOAN APPLICATION: If Buyer fails to (1) make written application for financing, provide na ce of their Intent to a 100 lender and pay to the leader any required fees. (6) apply for assumption of all existing loan or contract, cx {ill) !nitrate lt)i any action required for completion of seller financing by 5:DC A.M. {Mountain Time) (date) t7ovem1es 27cx,, 2417 1€ 2 Buyer will be in broach of this Agreement and Seller can exerCise Seller's remedies under this Agreement. Tftfs 103 clause shall not be construed to {asGict BuyGes right to review U loan Wimats granted by governmental regulations. 144 106 VA. BUYERS: It is expressly agreed that, notwithstanding any tithe; provislans of this contract. the Buyrvr 106 shall not incur any penalty by forfeiture of earnest money or otherwise ba obligated to CoMplete the purchase 107 of the Property if the contract puponase price or cost exceeds tite reasonable value of the Property established 105 by the Veteran's Administration, The Buyer shalt, huwaver, have the privilege and Option of proceeding with 100 the Consummation of this :agreement without regard 0 the amount of rho reasonable value established by 110 the Veteran's Administration. C12041 Wntano AsSoLi kn of REAt_TOPSE$ oeg inktais Buy - Salt A�,reerrtaltt Resideridal, Nerd~, 2017 Page 2 at io r T e 4** pcasantad by v rald Tr R�ynaLd.G t vus�:roxe Rea3 &atatta r2913t - I t3ab} '6--4246 l SBI ®�'9 inis8 �' jC � fa fi Atli+l ,7a,ry =s4stmt,caf E IilttCtlt7tii�rt� J4 =t ' DocuSign Envelope 0: FA9FDD4C-6827-4146-90FD-078633At)7160 111 F.H.A. BUYERS: In the event funds For the trwisactioll anticipated by this Agreement are to be derived from 112 an F.N.A. Insured loan, It Is expressly agreed that, notwithstanding any other provisions of this Agreement, 113 the Buyer shall not be obligated to complete the purchase of the properly described herein or to Incur any 114 panatty by fbrfalturoe of earnest money daposlts or otherwise, unless the Buyer has received a written 115 statement issued by tite Federal Housing Commissioner, Veteran's Administration, or a Direct Endorsement 116 lender setting forth the appraised value of the Property for mortgage Insurance purposes of not less than the 1.17 atnount set forth in the APPRAISAL PROVISION section, which amount is incorporated harem by reference. 11S The Buyer shall have the privilege and option of proceeding with the consummation of this Agreement without 119 regard to the amount Of the appraised valuallon made by the Feder -at Housing Commissioner The appraised 120 Valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban 121 Development (HUD) will Insure. HUD does not warrant the value nor the condition of the Property. The Buyer 122 should satisly himsettlherself that the prioe and condition of the Property are acceptable. 123 124 liE'F'l`CTION DEVICES: The Property Is equipped with the following detection devices: 125 ()1 Smoke detectors) 126 M Carbon monoxide delector(s) 127 11 Other fire detection device(s): 128 _ 12t3 130 PROPERTY INSPECTIONS! The Buyer .s aware that any Brokerage Firm(s) and $alesporsons Involved in the 131 trensacttan anticipated by this Agreement 'lave not conducted an exper. Inspection or analysis of lhrr Property or Its 132 condition and make no representations to the Boyer as to its condition, do not assure that the house and/or buildings 133 will be satisfactory to the Buyer in ail respects, that all equipment will operate properly or that the ?tnperty anchor 134 Improvements comply with current building and zoning codes and ARE NOT building Inspectors, building contractors, 135 structural engineers, electricians, plumbers, senitartans, Septic or cesspool experts, well drillers or well experts, land 136 surveyors, civil enginmers, flood plain or water drainage experts, roofing contractors or roofing experts, accountants, 137 aROMeys, or title examiners, or experts In Identifying hazardous waste and/or toxic materials. 138 139 COM MOENCIES: The COr€tirrgencies set forth in this Agreement or an attarhed adde snue to closing. unless, by 5.00 p.m. (Mountain end shad be d*erned to h 140 been released, waived, or satisfied. and the Agreement shall continue 141 Time) on The date srteciflied for each contingency, the party requesting that contingency has notified the other party or 142 the other party's Broker/Salesperson in writing that the contingency Is not released, waived, or satisfied. If a party has 143 nollfied the other party on or before the release date that a contingency is not released, waived, or satisfied. this 144 Agreement is terminateii, and the earnest money vAll be returned to the Stayer, '145 terms or provisions unless the Rsrtias negotiate other 146 147 INSPECTION CONTINGENCY; 148 ®T ►'.is Agreenwnt is contingent upon Buyer's acceptance of the Property conditions identified through any 149 inspections or advice oequested below, Buyer agrees to acquire, at Buyer's own expense, independent 150 Inspections or' advice from qualified inspectors or advisors of the Buyer's choice. Buyer agrees that any 151 investigations or inspections undertaken by Buyer or on his/her buhalf shah not damage or destroy the 152 property, without the prior written consent Of Seller. Further, Buyer agrees to return the property to its original 153 Condition and to inderrtnify, Seller from any damage or destruction to me property caused by lire Buyers 154 invastigatlons or Inspections, if Buyer does not purchase the }.property. 155 (9 Horne/Property inspection 166 (9 O►�ner's Property Disclosure Statement � Review and Approval of Protective Covenants 19 Easements 157 ®Roof Inspection � Floati Plain Determination1N f;g StructuralfFoundatlon Inspection t� Water Sample Test 15-9Ctrleai lnspecion (8i Septic or Cesspool inspection 160 fy Plumbing Inspection Mineral Rights Search 101 (A Heating, ventilation. coaling system - Inspection IN Radon 162 3 StovelFireplace Inspection IA ,asbestos 163 fM Pest/Roderit inspection i9 Wild Fire Risk 164 131 Well Inspection for Condition of Wefi and Quantity of Water IJ0 Legal Advice 105 Accounting Advice 09 Tttxic Wastelliazaardous Material 166 Survey or Cornet Pins located l r Underground Storage Tanks 167 t]11 Access to Property Sanitary Approval/Septic permit 168 fill Verification of ;# of code compiiant bedrooms 7 Mold � �S, I C2017 Monta;M Assocwbo � of REAtT OR -SG 1L5' h. 3rV, i3 E niE afs �uY' CFI Agreamanl ResidenU©t Marco zol7 aHgu 3 at Ill `S`Als pctlnurt8e Dy i:gxa2d t 1 $i?tfet'&Nfflif�lg/rir-j Jscrys w.e.,.datw: cres + 'nr1Qc i PasnsWaet t4�a1 �sty,Mo f��l]i - (anRa xG2-d3d6 } S —ns lmtanehxc%ms DoruSign Envelope ID: FA9FDD4C-8827-4146-90FD-078633A07160 I6tJ IN Verification of square footage or �rnprovemenm _ Verification of lot size 178 DO Water Rights _ 171 19 Zoning Determination IX Airport Affected Area tX Road Maintenance 172 10 Other rr that a � 173 - 174 Unless Buyer delivers written notice(s) of Buyer's disapproval of the Property ronditlans on nr hefore (date) 176 z2 X5 17 this Inspection contingency shall be of no further force or effect. tf Buyer 178 disapproves of the property co-xiition, Buyer shall deliver written notice to the Seiler or the seller's 17T Broker188lesperson on or before the date specified above, together with a copy of that portion of the Ins 178 of report upon which the disapproval is based. Buyer shall 81SO state whether Buyer elects !.n immediately 179 terminate the Agreement or negotiate a resolution of the conditions noted. If Buyer elects to negotiate a 180 resolution of the conditions noted, the notice must contain all Of Buyers objections and requested remedies. 181 182 183 It the parties enter into a written agreement in satistaction of the conditions noted, this contingency shall be of 184 no further force or effect, If the parties cannot come to written agreement In satisfaction cf the conditions 186 noted or if the Buyer does not withdraw, in writing, hislhar rticapproval of the condition noted, on or 186 before ((late) 12/19/2t117 the earnest money shall be returned to the Buyer. and the 187 agreement then terminated. 188 189 FINANCING CONIIINGENCY: 190 ® This Agreement is contingent upon Buyer obtaining the financing specified In Ilse section of this 191 Agree"nt entitled "PURCHASE PRICE AND TERMS". If financing cannot be obtained by the Closing 192 Date this Agreement Is terminated and the earnest money will be refunded to the Buyer; OR 193 194 0 This Agreement is contngent upon Buyer obtaining the financing specified in the section of this 196 Agreement entitled "PURCHASE PRICE AND TERMS."' release Date: 196 - w 1,997 APPRAISAL CONTINGENCY: 198 Property must appraise for at least 1 the Purchase Price OR at least ❑ � — If the 199 Property does not apprdise for at least the specified amo^ this Agreement Is tertnlnated and earnest 200 money refunded to the Buyer unless the Buyer elects to proceed with closing this Agreement without 201 regard to appraised value. Written notice of Buyer's election to proceed shalt be given to Salter or Sellers 202 StOkar/Salesperson within days of Buyer or Buyer's Broker/Salesperson receiving notice of 203 appraised value; OR 204 "Ill This agreement is comic DOnt Lpon tite Property appraising for at least & the purchase Price OR at #east 205 I7 ; release mate: 01/0512010 206 207 TtTI,E COWiINGENCY. This Agreernerl Is contingent upon Buyer's receipt and approval (to Buyers 20t3 setisfaction) of the pro"mrnary title commttmerrt (tl;e "Commitment") issued for the Property. Release Date. 209 8avar days from Buyer's or Buyer Broker's/Salesperson's receipt of the Consm,tment, 210 211 Buyer May approve the Commitment subject to ti-re removal of specified exceptions. However, Buyer ,may not 212 abject to the standard pre-printed exceptions (generc-d exceptions not tulique to the Property), If Buyer proyides 213 Seller written objections to the Commitment prior to the release date above, Seller shall soave ten (10) clays 214 from receipt of arose objections to satisfy said objections or propose to Buyer a plan by which the objections 215 rvoutd be ,atisfiecf within a titre fTarne satisfactory to Buyer. If within said ten (10) day period Seller has not 216 either satisfied Buyer's objection to the Commitment or proposed to Buyer a Man by which the objections would 217 be satisfied, Buyer shall have three (3) days after expiration of said ten (10) day period to notify Sellewhether 218 8uyar desires to (i) terminate this Agreement in which case the earnest money shall be rer turned to the ©over or 219 (0) waive said objections in which case this Agreement shall remain in Full farce anti effect. T4a two remedies 220 stated above shall be Buyer's sale remedies if Seller and Buyer are unable to resolve Buyer's objections to the 221 Commitment. 222 223 INSI1RMICE CONTINGENCY-- This Agreement is contingent upon Buyer's ability to s3cquire, al to rate 224 acceptable to the Buyer. hazard insurance an the property. Release Date;-- - 32 15/;017 cB'tot7 Montana Association of FLEALTORBt r•''(� 1�. tJi►r , �'L`Il lluy • Sell ►�nranmFnt kesidanrlat, Mem€) 21)17 Page+l of 10 1 11t- 1�71 , f 77 This Coax prsomtwA by garwtd M xayrA*Ids i VL L y&wti;acare {291;7i SiV6! 2111-;«<6 i pg ')'7/-t�� JAI I pL"i7 dartY0Pa�*9t>tt. seer �torr�:ve+as DaCUSign Envelope ID- FA9FDD4C-8827-4146-90FD-078633Aa716tI 225 226 2,27 228 229 230 231 2.32 233 23+4 235 236 237 238 239 240 24'. 242 243 244 245 246 247 248 249 250 261 262 253 254 256 256 257 268 259 260 261 262 263 264 265 266 267 266 269 270 271 272 273 274 276 276 277 278 279 LEAD BASED ,PAINT CONTINGENCY: For housing built prior to 1978, If Seiler is required by applicable law to provide a Lead Based Paint Disclosure and pamphlet entitled `Protect Your Family from Lead in Your Home" (the LBP Documents), and If said LBP Documents have been provided to Buyer after the full execution of this Agreement by all parties, Buyer shall have the unconditional right to cancel this Agreement (without risk of loss or other adverse effects) wltitin three (3) days after electronic or hand delivery of the LSP Documents, or five (5) clays after deposit of the L13P Documents In the mail, by giving written notice of cancellation to Setter or Seilet's Broker/Salesperson. This Agreement is contingent: upon Release Date: This Agreement Is contingent upon Release Bete: ADDITIONAL PROVISIONS. CONVEYANCE: The Seiler shall convey the Property by — -_ Warranty deed, free of all liens and encumbrances except those described in the preliminary title commitment, as approved by the Buyer, MANUFACTURED HOME(5): If a MANUFACTURED HOME is included in the sale of this Property, tine will be conveyed at time of closing. Year try Make/Model tx7. Swirl Number ML --- _ - Title Number _ RA WATER* All water, including surace water or ground water. any legal entitlement to water, including statements of clairn, cartlficatss of water rights, permits to appropriate water, exempt existing rights. decreed basins or any ditches, Odch rights, or ditch easements appurtenant to andlor used in connection with the Property are included with the Property, except 280 Filing or transfer %as will be paid by0 Seiler, © Buyer, 0 split equally between Buyer and Seller. 281 Documents for transfer will be prepared y re area�at��l.a�eern f - .. ... _ — � - soc4tion of REALTCR5 Y - ` FteWental. Wreh 2017 Page 5 of f U aiy� 11 A�JA rk) .� ,] f. 4:.11-1EM9 LlrL�� :'hi�u :ar4 praaent�.d ♦ry S.'c-raid !a Y4ynolda 1 Pu=et4051 261-4245 I 1 M aarxyipozoweetst.cam lr dff ite);;w QocuSign Ernvefope if]: FA5FDD4C-8827-414&9i3Fi3-p78$33AQ7160 282 VYATER RjGHT OWNERSWfP UPDATE DISCLOSURE; By Montana taw. failure of the pestles at closing or transfer 283 Of reel Pk"rty to sway the rOquired fee to the MOtftana Oepertrnent of Nsturt 284 upclatrlg Water right ownership may rastrlt in the transferee of the property r nsfor nl Ftesaut�s anci Can3ervation for 265 the aria r t water` rig"Ia being examptOd. Severed, or divided, the €�,ilure ref the €�urtles to comply wrltFl saatlarr ionw A Pe ty ring Subject to a prcr�!€y, A,ddiiianalRy, In 287 MCA, could result In a Penalty against the t-ansfaree and rele 60n of the dead for recordincs, 88 289 and/or ro RIGHTS' ;. all of t rights' is a term used to describe tile rights ~Fie o.vner of those rights has to �, ruin 259 andlor proc�Ce �r1p• of all of the rrlinerrats arxi 29t1 surf at p T e� t neraR rl is ttta hydrocarbons lratulin ail, gas, caei, eand, gravm, etc lying e' ?g1 i p".. to some cases, these mtnerai hav ! separal� m the rights a pr�aperty Owner has for the � $taw the 292 regrt]It the strbsurtacs miners# rights have been severer; frorrrnttte Prota0 a P owner's surface rights. ff the Mineral of a Z93 ha++a bFreri BeVerEd ffC�fn file surface rights. tits owosr of #tte mineral dgl�t3 tree bre P arty °whet Arad as s 2t in o►�fer to mime the 17"nerels even though they �n't the rca r 7 docrights it +�17t � $ntvr the lattd and occrJpy it 296 295 VMS that neither the seller nor the bcofremge fltttu, broltsrs atld s8#rty Tons nivotsrig #ildtB trari� t vianticipatedsnd by #Iris Agreement warrant or rna#ee any rep resetllaiiCrts "ersandg file rter;uat F: hts a -M rtettlter thend Seller nor the txt7lr $ #bms, brokers and ssf p�tsQha i ' ", for Ibis Property and that 299 h cztndtJCted an irtspectiOn or analysis of the rrrlr eep.1l right 10 and a to property, S�e�e Purchase qt ttre l'mRe�Y $ CLOSING AGENTS FIBS. 3�'Claefltg agents fag will be Paid by Cj Seller ,-1 suer 0 EcUally Snared. 0T t 3o2 m3,E + OUPANCE.- Seller, at os�l#er`s expense and from a dice 1jisurance 303 SuYer wNh an ALTA Standard Coverage ers title In$ura;toe policy widen Y rlru�rr by Suer, sitaalR iurrristi 30Larttt Association #fife trtsvrea ccrrnrr:ltrrrenf art a:nvunt ix3usl try the p#�re s® prlee g Y ftem rtay Afnetic 306 adrii Onat WARes We insurance r cvdie urcha$e 306 003t to th buyer. €t is recornmenoed t�,ys crtiiein den s frforrn om Etsrage, "Enh`tncsd Coverage,, ear an additional 30 3 CONDIT ON OF TITLE: All mor 309 ctaWn unless i ' to rn;: and liens snail be paid or satisfied by tfle Seller -It or prior tO 370 or g etlt a co iliam cf herein BefRar agrees that no additipriaf erxcurr�ren rJif�9r adverse +itfe cortctrtrarts ;silt be plate rest ttte ~iris to the Property subsequent ~ the e€i ctry e ts 3 i the PreHn�iaatr,, title camrnitment appratped ;, ~tie Buyer. 312 313 SECTION 1031 LIKE-K 1O EXCHANGE. it $ y$ L 2I tt131 hid $xcitar�e. then the ether r Buyer or w1 Iler intends for ~isle #eanssch�,n to be part 315 t t0peratin party 3ttaRF cooperate In the ctrrt'rptst10n Of the Uk6-kJrjd exch a of a Section 316 be 8 fecy does ,, 1 incur any additional lia0ilfty Or cast In doing SD. Any pwty who #rtaftd5 fors � vided rite Part ®f a Section #L13? ltk"kind exchange may a,sstgn their rights nndnr this Agrr�rrrertk to �. thla transaction to 3iT area 9n' - Y t►tY expressly creaCa9 for tftig pees i$ �ml Plating a Section �R(1,3'# tlke-i4ind exchange WtwithWarding 3lified IntermgWary fi1 petction rrn a rrs~ the tGgyar`s a igttrtlettk of ~Iris Agmement stt forth ire the 4sinding E f"t anti Nora-Asa1 nabill 3�g sectiUrr telow. 320 9 tt� 321 SPECIAL 'MPROVUEfa T lritsTRCTS: A# SA lei #rrrprpvarrrent Dmtr is (IRV uclirrg r�rral 3tas], lnt`dttdin 322 that have been nok6d to Seller b Gk Fr 323 J paid Off #y Seller at ciosingy y . ounry but not yet s#�raed Or rurrMilly seswd will be; g thc�gv 326 � assurtteei by l3uverat closing~ OR 326 Al! lteatal S#OS327 ;§flail asscrnlecl txy tau+pr. 328 ASSOCIATION SPECIAL ASSMSMENTS. any sllecla+ or rr�.rc��rrtn 329 ac►ativn, Including those fiat have been approved but not _vet billed of sages e€t' Smants wilt be: of any Eton governmf3rital 331 A- asS nled by 3r 1yerRt dMhV; OR 332333 Lf 3U PRORAl ON OF TAXES AND ASSESSMENTS: seller • � � �� — --•, � �_ � .. � _ - • -�_ 336 Dfstrlct assMsments for the Gvrr+ertt tax year, as well asp d 13 a�rtts, �tIG t and ate tr y gree to prorate teases. Spacial tmprnvernsnt 336 ve assessments, t'Orneowner-s AeecdatiQrt du andior comm rnr irttsnarr t ,r, as of the Mate ni cttsSln Other'v= sa apre-d as t Ptit ifs tMta �tddifiottsf Rr v#sicnS hestsm c rtras, irrigation g urrtess _= 2r7:7'rvlGntzrtapWKMk*N1drALi'7ri5 `3,-i fI t r3_ ,,�-i1�} 'ttrxa f� r' r€ dF'�7 F� +t` asf: ,0 M awynotdo KM tJYalt�ilr�irt�;�;iz; DrrctrSign Envelope ID: FA3FDD4C-8827-4146-90FD-078633A{17160 338 HEATING FUEUPROPANE PRORATION: Seiler and Buyer agree to prorate rho heating fue0raPane at tiro current 399 market Allae as prctvlded by a beetirtq fueltpropone company within 7 days of closing, oK at the price charged for the 340 Iasi r+eldll per a receipt to be provided by the seller prior to closing, Wnichever Is LESS, 341 342 If tits haeting fuwUpropane tank Is ranted, praradern will, be hazed ort the most current pentat fee cl1argect or owing at the :343 time taf closing 344 345 CONDITION OF PROPERTY, Seiler agrees that the Property ty chaff m in the same wndltion, riDrmal wear and 346 tear exMted. frCxtt this cube of the execution or this :agreement tip tc tltr~ tints Buyer takes possession of the 347 Properly. Seller agrees to leave the Property in 17r00m clean or Wtter condition and allow Buyer a walk-through 348 Inspection of said Property prior ter closing to insure that all an€rurt"ances and eppliances inctuded in ttte sale 3419 remain on the Property, 350 351 NOXIOUS WEEDS WSCLOSURE, Buyers of pmperty in the State of Montana should be aware that some 352 propsrrl" contain noxious Weeds. The laws of 910 State of Montana require owners of property within tilts state to 353 control, and to the extent pvssitrle, Iarztttlaste neixldus Weeds. For InfVtMaticm concemirtg noxlous weeds and your 354 obllqatinns as an owner t7r pn3part 356 y. ccanteat either your larKil County extension agent or Aseetl Callum eonrd. 356 MEGAN'S LAW DISCLOSURE: Pursuant to the provislons of Title aka. Chapter 23. Past 5 o-f the Montana CrAle 367 Armotateti, certain individ►rais are required to remoter their aadrM +whit the local law enforcement agencies as 35B part at Montana's Saxdal and Violent Offender Registration Art. In accrue tazarr munities, taw anforcement oiftces 359 will make tt'fe tntcmatIon conceminq registared offenders available to the public. If You desire farther irftrmadon 360 pliessa contact Ste laced County Sheriffs office, the Montana Npartment of Justice. in Helena, Momenta, andfor 361 the probation officers wed to the area. 362 363 13ht]M DISCLOSURE STATEMENT, The fiftwirtg disclosure is glven purslimil, to the Montana Radon Wntral 364 Act, MoWzna Code Annotated Sec -lion 75-3a606. RADON CIA& RADON IS A NATURALLY OCCURRING 365 RADIOACTIVE SAS THAT, WHEN IT HAS ACCUMuLAir=D IN A BUILDING Ilq SUFFICIE:N" QUANTITIES, 3W MAY PREMT HEALTH RISKS To PERSONS WHO ARE EXPOSED To iT QvER TIME. LeVELS OF RADON 367 THAT EXCEED FEDERAL GUIDELINES HAVE t FEK. FOUND IN BUILDINGS IN i` ONTANA. ADDITIONAL 368 WFORMATION REGARDING RADON AND RADON 7ESTfNG MAY BE OBTAINED FROM YOUR COUNTY OR 389 STATE PU13UC HEALTH UNIT. If the Property has been tested for ,adon, Lhe Seiler will provide a copy of the test 370 faults cortaurrem with an exorwted mpy of this Agreerrtent. It tho property has recelyeo t ots rnlitgation trKaiment, the 371 Seller Will prude the evldrattc�) t�f the mitlgaticn treatment cut'rurrefit with are axecuted daisy of this Agreement, 372 373 NEWLY C014V UC TSO ArISI#'?ENCE- See "Nrmiy Constructed Residence Addondcrrn arltt L7lscttrsxure." 374 375 SHYER'$ REMEDIES: 378 (A) If the Setter fats to aco9pt the offer contained in this Agreement within the tlrtver period provided in ant: 377 BUYERS COMMITMENT section, all earnest morties shall Ise returned to the Buyer. 378 (B) It the Seiler accepts the offer r"teinw in this AAgreie- nent, but refuses ur neglects to consummate the 39 transaction anilcipatw by this Agrmment within the Itme peOW prtaviderl in this Agmetrment, the Buyer tttay: 380 (1) Demand iMmecilate repayment -of sit monies that Buyer has paid as earnest money, and upon the 381 r ehar► of such money, the tights and duffs Of Buyer and Smiler under this Agreiament shall be terminated: 382 OR (ZJ Demand that Setter Vftlrwally #ssrfc MI Sellers obligation under this Agreement,' 383 OR (3) Darner d Monetary damages from Seller for Seller's failure to pattrm the torrrrs of this Agrc tent. 384 385 SEt1EEt'S RE MWIES: 386 If the Sellef acaapts the *offer mrttained in this Agrainment arzd Bu}far reirrses or neglects to Consummate the 307 transactionl antiolpated by this Agreement within the lime peritod pr•oviaed in this AgreerrVnt, the Seiler -gray. 388 (1) Declare the earnest money paid by Buyer be forfQced; 5189 OR (2) Demand that Buyer spec roily perform Suyeft duties and obligations under this Agreemani; 39OR (3) L%ntacld that Buyer wy tT onelary dfamagas for Suyeea failure to Perform the terms of this Agreerrierrl. 49207 Mmdaria Assmaticn Ear REALTOre s 1stR a13 Suy - Self Algrardni "It P0eklen1b,, Mwo4i21017 Fn�;p 7 ^ T r0 ....� �InI�A1tt �---os lfi�s :o= ;-rwaa! z%a 4y ri� M r3 Aauir I gaze-'Nl r. -11Cr41 rtstata K113r 0 44'36y -61-di'e6 iA rzIlpara,rsctut, tam LII—M- lrt5tfltit tf�"i1d Docu5ign Envelope ID: FD9FDD4C.8827-4146-96FD-076633AO71 eb 391 BUYERS AND SEUERT CERTIFICA71ON: By entering into this Agreement, each parson or persons executing 392 this Agreemea as Buyer or Seiler, represents that he/she is 00teen (18) year-, of age or older, of sound mind, 393 and legally competent to own nt transfer teal property In the State of Montana,- and, it acting on behalf of a 394 corpomtkin. partnership, or tallier non -human entity, that he/she is duly aulttc»tred tds enter Into this Agreement on 396 bahelf of such entity, 396 347 FOREIGN PERSON OR ENT": Section 1445 of the Internal Revenue Cate provides ror the WithholdbV of tax upon 398 the "ia of U.S, ,-soli proprorty o*ned by a foreign aridity ar foreign Person unless the amount realized (usually the sates M price) dow that exceed $900,000 and the Buyer Intends to use the propal+tyy as a residence, if the Seller is a foreign 44t? entity or foreign perstm, seller acknowledges and agrees that tho Buyer or closing agent i5 required. to deduct and 401 withhold the ataplicsbte tax from the prtxeesis of sale at closing and submit tine tax to the Internal RFavenve Service +02 unless ft transfer of the property satisfies an excaptlori provided for in Section 144-5 of the Internal Revenue Corte. 403 404 WNSENT TO 018CLOSE INFORMATION; Buyer and Seller hereby consent to the prowrement and disclosure 406 by Buyer. Seller, and Salespersons ano their attorneys. agent, and oiler parties hiving Interests essential to this 408 Agreetnen'li, of any and ail information reasonably nacessary to consummate the transaction antiN gated by this 407 Agreement, speoffically .indudlnr access toeerrot�rs fur review Of contracts, do dis, trust lndentuees, or similar 408 doruumerft cencerninq this Property or undatlying obligations pertaining thereto. 409 4.10 RISK OF LOSS: All lass of diantage to .zny of the above-4waribed Property or pefsunal property to any catise Is 411 assumed by Seise} through the tithe of cluelinq oNess otherwise speciftd. 412 03 TIME 13 OF TIME ESSENCE: rime is of the essence as to the terms and provisikrs of tftis Agreemew., 414 415 BINDING EFFECT AND NON-ASSiGNABIUTY: The A,gfeemerri is binding uwn tba heirs, successors and 446 assigns of each of ttte parties hereto, how ver. Bayer's rights under thin .46reement are not aseignabla Without the 417 Seaters expmss written consent, 410 419 ATMMEY FSE: In any acHon broaight by th& Satre,- rt file Softer It) ardome any of the t+~ntis of this Agreement, 420 the prevailing party in such action shag be erilitted to such mosonable ,:attorney fees as the court or ,-arbitrator %.Tall 421 determine just. 422 423 Ot3W1I MN: The Seller's andinr Buyer's corrlrt"IM€rrit to aSy a c:ar'ririisvion in connection with the .,-&,-&section 424 anticipated by this Agreement is an Integral Part of this Agmurnent. 425 426 FA)t1COUNTERPARTSIELECTRONIC SIGNATURES: This Agmemont way be executed in cnunterpetts and, shell 427 all counteTarl documents site exeaute4, ttle cnunterparts sp0 constitute a single Witting Inutrunient, Moreover, a 428 signature transmitted by sax or other eleetroritc Means will be enforceable against ,any party, who exoctrtes the 429 l ernent and transmits Me 09r�aiurc by fry or tsthilr electronic means. The Marti tiara.&, ull ragFes ttlst the 430 trransauttin contempiaied by this € MirTiettt may be oorlduated by eiactrortic ,-.leans in acwWanoe WM the Montane 431 ltrtlform Electronic Trartaeotion Act, 432 433 ENTIRE AGREEMENT. T'bie Agraement, rtspether with ariv utiac#ret�i exhibits and any addenda or arne€ arnents 434 slf}rted by the pad]%, shall constitute the antilre agreement betvteen Seller and Buyer, and sopersedes any other 435 vTMW Or pt;ai agreements between Seller and Buyer. This Agreement can be modified MAY in rvrlUng, sigmas by 436 the Seller and Brayer. 437 498 EARNEST MONEY DISPUTES- 130yar and seller agree that, in the event of any contrower y regarcli.rtft the 439 earnest inoney and things of value held by the $rvker. Closing aganl, ar any per'sura or entity holding such money or 440 property, unlasa mutual writt"n Ingatructioml nrs fereived by the hold&,- rat the earnest r CH-iey al id things of value, 441 Broker or closing agent shell not be requir�l to lake any acuan, bui may aural any procr-etlirt9s, or, at Srokeraa or• 442 r:,lasing agent's option antl :sale disc€ollon, may Inlerple.ad sate Parties and deposit oriy monies or thlrtg'4 of value in a 443 Court of competent jttrisdictiofr and may Udllze as ,-much of the earnest Money deposit as may be necessary to 444 advance the cost and fees required fir filing such ar;tlon. 1520� Mcyrdsner8nsvt=t€atxsn rep Rl:.ALt4irii ,r t Buy - -Sill �tr��tteua! ��idcrrr!�ul, �A�crs Lr? i i Page b a1 t t; is 191la3 �114r'81+7F 4 os a1110 forLl121: r saa aY BW d'o Mlaymad•, r S'Mmv st XM0 grrh..n eadlx, - tsv�1 3b'-a�A6 r :tesxy�perosc�ws�t.+eare - iLP't IrlSifgr$t�+:rirr�s DocuSign Envelope IC: FA9Fr)D4C-8827-4146-90FD-078633A07160 445 ADDENDA ANDIOR r MLOSURC-S ATTACHED: (check all that epplyy 446 G Lead Based Paint DWelosure Q Contingency for Sala of Buyer's Property 447 13 Addendum for Additional Ptotrisions CJ Back -fir Offer 448 ©' Mutt -Family Disclosure IN Water Bights AcknowWgerrlent 449 2 Mold Disclosure a Crondorninturn DisclosurelAddendum 40 0 _. -- r'•' Newly Constructed Resldenee Addendum and Disclosure 451 452 WLATIONSHIP DtINRWATIOM: The parties to this Agreement 001*Tr, that the real estate ilcensaes identified 463 hereafter have been Involved in the papa iWS indicated below and the parties have previously receked the required 454 statutory ditesures setting forttl the licensees duties and the linids of their obllgabons to each party: 455 00tbia Street of tPxxr ter -sal zetate 466 (name of licensee) (name of BAjkemrfe company) 457 458 (lfc*nvW9 Montana liewmea No.) (brokerage company address) 460 461 (11mosee entail address) (hrokarr�c�9 rvmaany plione n►.rinber) 462_ 463 (flcenac-e phone number) 464 is acting as 2 Seller's AgenUSalesperson ❑ Dual AgerrldSalespersorr rr Statutory Broker. 405 406 J Rya Hide of Pura�resz R�e1 z8tat0 {8933j - 467 (norne of llcq�) (stare of srot Brace, ccrnpan468 p) 409 _ ti x�t Ave s cc�a�t i� m� �9sua 470 (Ilosnsee's Montarra Aaensee No.) (brokarage company address) 471 -- 7ss isi�t-caa — _ 4S!L i_�8©D_ 472 (8ONsee eMa i address) (brokerage Company phone number) 473 4046 261-4246 474 (licensee ptlor-e murder) �- 476 is as Q Buyer's AgentlSalesperson rC3 Dual AgentlSalesperson Cr Statutory Broker 476 17-1 Seller's ,Agent/Salesperson (Iilt; udes Selleft Sub -Agana or Salespemon). 477 478 BUYER'S ACKNOWLEDGMENT: Buyer eck;iov4miges that prior vernal repressrrtatiurts by the Seller or Seders 479 re{resentadves do not modify or affect :leis Agreement. Buyef acknowledges that by signing this Agreernent 480 h"he has examined tore subject root and pe"onal Property, has entew Into this A;greemant in full rellance upolt 481 hisltler independent hwesligatlon and ju+grr nts; and has reed and understood this entire AgreemariL 482 4113 SU1''M Ct}itllt!4 TMENT: 1IWe agrees to purchase the above -described Property on the terms and conditions set 484 forth In the atmve affair and grant io said Saltgwrson until (ovto1 11/25f26a.r at ¢_ 7 8M ®prrr 485 (l unlalti Tkm) ttF 5ec,ure Seller's �.lrltten a0aeptance, whether or not that deauhno falls ors a Saturday. Sunday or 486 hOldsy. Buyer rtiay 0thdraw this offer at any time prior to Buyer 11eing Wined of Seller's writter, acGeglance- tf Seller 487 has not acc©Frtecl by the time weer fled, *lis offer is autoTnatically ,riitheiratton. 4€8 499 INVE HERESY ACKNOWLEDGE 1`000lpt Of a COPY of this Agfecrmant baaftq my/our signature(s). 490 491 Buyers Address: �^ Crty - 492 493 SUte _ -� _ � � _._ ._ _ _ _ , Zip Code 494 - 436 Buyees Dame l�rlrttecl._--- xze ?argaus , 498 497 Gated this � 12/24/2017 � , at . �: o� —Clam M pm (Mountain T"orref, 499 1 500 (Buyers Signature)/Ara A (Buyer's Ssc3rratLrrei t . w q14 '� i7 yMratle 6iMgrMon 0riEtLr(3RSq t BUY - SO Atura♦;mrmi Rrtsosnt�`<it, t,%Aji 2ol? psgo y er 11) VC c ra.tls Ts _ [DTO 4 1 Thti3 FxU"arad by QW.ja d is ftrrnala, i p raW#,t R_, W,.,ClbL* i2Y13f - I tlk6f 3E-E .42AS 1 x&sryAF ft%1fta=c.ax ingf 7mfrcu2 z OacuSign Friveiape ID: FA9FDD4C-8827-4146-90Fa-078633A47i6O 501 OFFER PRESMAMN: This offer was presented to the Seiler(s) ort 502 603 Datts: Time.....__-__ Dam Cum By: — 504 (3ignature of pry wn pregeating the offer) 506 506 SELLEWS COMMITMENT, INVe agree to sell and convey to Buyer the above-desedbed Property on the terms 507 and canditlons herein Hbove stated. VWe a anowledge receipt of a oupy of this Agreement bearing mylour 508 signatures) and their of the Suyer(s) named above. 510 Sells Address: 51� S12 State _ _ , zip Code — 5�3 514 Sellers Name 516 516 Dallaet this - _--- , at I= am Ei pm (Mountain 'i bole). 617 S1t3 615 (Seller's Signature) (Sellars Signature) 520 521 ACTION TAKEN, IF OTHiER TIJAM ACCE"ANCE: 522 523 t/We eckrxawiedge receipt of this Agreement bean ng rnyrour inlual(s) and fhe signature(s) of the Sayer( ripme d 624 above. 528 rl RejeeWr by Seller_.-.._ _�/._ �__ _, r �r1arJlfir�ct per Attached Counter 627 Seller's Iri fall lame � � Selfars tniva Date, , DS NOTE' unless Woe VW 4. WeNtY itsw d ow iwfq " o0ye Ua8 M G"1_4r t6ys arw not 41i1455 40�1. emnsas etays VM paw to sk dej- a .-A kliv ays and tsa:�*9. 4zy pe-5mwr-z vftke t la (wLr ct w ae comp* ed m a oatunhw, `u" or a Itomay iwf bri '."j cm, }.ATE ?YLA WOWS da'jf =17 Mesa"A,sar =tion at RF_ALTORSW Buy • cali Agraaerrant ResidniWI, Aitttrph 2017 Page i6 nt 10 'hires tot- ""by Wcjid N FAY:Wlde r e?rraftatt Mal Vstat* MO - t 00% riot. 42d6 t lsrryi!�ta�s�t.�� 1rtStC3r#t3te#�eii,T; PLANNING FOR THE FUTURE PROPOSED USE: MONTANA Planning Departme9ECEIVED 201 1st Avenue East Kalispell, MT 59901 DEC 0 G 2017 Phone: (406) 758-7940 Fax: (406) 758-7739 KALISPELL PLANNING DEPARTMENT www.kalispell.com/t)lanning APPLICATION FOR CONDITIONAL USE PERMIT Sr a f e l r «nsed OWNER(S) OF RECORD: I► 1WITZ Mailing Address:. 1111)'1'-:5 INYil-tr-11S h (),I f` 0A d City/ State/Zip: j 1 r 6ggo 1 Phone: 406 -2b l . 56 7<3 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: I\Fro=0 - Mailing Address: / --) / x�o - City/State/Zip: K41i<`peb MT �51790 Phone: 40[o'26O1 'SSI�f LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Range Address: i --�- n w kA k-6S k AanC No.32— ship ;2,C1 No. — Subdivision Tract Lot Block Name: No(s). No(s). No.- 1. Zoning District and Zoning Classification in which use is proposed: 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. 1 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. Refuse and service areas. C. Utilities. f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j . Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner). I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. ApplicantSi at c Date A 2. a. Surrounding land uses. Lot is adjacent to a residential home to the North and a neighborhood of Duplexes on the south. West side of property is Whitefish Stage Road. East side of property is open land dropping down to Village Greens Golf Course and Residential Community. b. Dimensions and shape of lot. Lot is Rectangular in shape. Roughly 125 feet wide by 300 feet in length. C. Topographic features of lot. Lot is flat from front to back of the property with a slope down the rear hill. d. Size(s) and location(s) of existing buildings. Existing home which lies in the middle of the property is 79 feet by 58 feet. Existing shop building lies on the south east corner of the house is 30 feet by 20 feet. e. Size(s) and location(s) of proposed buildings. Same as existing. f. Existing use(s) of structures and open areas. Existing use of structure to stay the same. Open areas to be used as residential outdoor areas as used in a home environment. g. Proposed use(s) of structures and open areas. Proposed use of structure to be used as an assisted living facility of 8 or fewer. Open areas to be used as residential outdoor areas as used in a home environment. h. Existing and proposed landscaping and fencing. Landscaping and fencing to updated to accommodate parking area. Back yard fencing to be repaired and updated to create a safe, attractive home like environment. 3. a. Traffic flow and control Use of existing driveway will allow access in and out of the property. b. Access to and circulation within the property. Existing driveway will be updated to allow vehicles to turn around safely within property boundaries thus allowing vehicles to enter Whitefish Stage Road driving forward. C. Off-street parking and loading. Parking spaces will be created to meet city and state requirements. An unloading area will be created to allow for larger vehicle deliveries. d. Refuse and service areas. Designated `no parking' areas can be utilized by refuse and service vehicles. C. Utilities. The facility utilities will be maintained the same as a residential home. f. Screening and buffering. The proposed use of property for an assisted living facility would not require screening or buffering. g. Signs, yards and other open spaces. A business sign would be utilized in accordance with the city regulations. Yard space would be maintained residential and 'home -like'. h. Height, bulk and location of structures. Height, bulk and location of structures of the existing home will remain the same. i. Location of proposed open space uses. Open space use will remain the same in the rear of the home. Front yard open space will be altered to accommodate necessary parking area. j. Hours and manner of operation. The proposed assisted living facility will care for residents 24 hours per day, 7 days per week. k. Noise, light, dust, odors, fumes and vibration. No additional light, noise, dust, odor, fumes or vibration will be caused by the proposed use. 4. Attach supplemental information for proposed uses that have additional requirements. The proposed assisted living facility will require Licensing through the State of Montana. All licensing requirements will be met and implemented. WHITEFISH STAGE -- ►;-s. 11 I .L 1 CIQ _ w N