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Staff Report/Final PlatREPORT TO: 1.4 SUBJECT MEETING DATE: City of Kall'spell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Kalispell Mayor and City Council Thomas R. Jentz, Director James H. Patrick, City Manager Final Plat for Appleway Business Parr February 6, 2006 Telephone: (406) 751-1850 .Fax: (406) 751 -185 8 website: kalispellplanning. core BACKGROUND: This is a request for final plat approval of Appleway Business Park that plats 6 commercial lots on approximately 1.47 acres. The site is located on the south side of Appleway immediately wrest of the South Meridian. intersection. The property can be described as Assessors Tract 14 in Section 13, Township 28 North., Mange 22 west, P.M.M., Flathead County, Montana. The Kalispell City Council approved this subdivision subject to 12 conditions on July 18, 2005. All of the conditions have been adequately met or otherwise adequately addressed. Sidewalks along Appleway remain to be installed. A Subdivision Improvements Agreement along with a letter of credit in the amount of $11,150 has been submitted with this plat to address 125% of the cost of sidewalks. The improvements are anticipated to be completed by December 31, 2006 RECGMMENDATION: A motion to approve the final plat for Appleway Business Parr Subdivision and to accept the Subdivision Improvements Agreement would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERATIALTERNATIVES, As suggested by the city council. Respectfully submitted, Thomas R. Jentz Director Report compiled: January 27, 2006 dq Uames H. Patrick City Manager Attachments: Letter of transmittal Final plat application and supporting documents SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 20065 by and between the CITY COUNCIL, City of Kalispell, Party of the First Part and hereinafter referred to as the CITY, and Dawn Marquardt, Appleway Business Park, 285 1 st Avenue EN, Kalispell, Montana 59901, Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Appleway Business Park Subdivision, located at Section 13, T 28N, R 22W, Flathead County Montana and, WHEREAS, the City has conditioned its approval of the final plat of Appleway Business Park Subdivision upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 8, 920.00. NOW, THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Certificate of Deposit, in the amount of $11,150.00. Said Certificate of Deposit has an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 11,150.00, 125% of the estimated cost of completing the required improvements in Appleway Business Park, until March 1, 2007. Subdivision Improvements Agreement Appleway Business Park Subdivision Page I of 5 b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. Z. That said required improvements shall be fully completed by December 31, 2006. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. Subdivision Improvements Agreement Appleway Business Park Subdivision Page 2 of 5 That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to ensure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Dawn ardt, Developer - Appleway Business Park !7 by (Title) ,Subdivision Improvements Agreement Appleway .Business Park .Subdivision Page 3 of 5 STATE OF MONTANA COUNTY OF �� On this ;�3�� day of 3C(A(xac� 200(0 ,before me, a Notary Public for the State of Montana, personally appeared known to me to be the LP� of�-��,�c„)c,,c.� whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Notary Public for the State of Montana Residing at c�)�7�?'�p-cam-. My Commission Expires �'�D MAYOR, CITY OF KALISPELL 0 Mayor ATTEST: 0 Finance Director Subdivision Improvements Agreement Appleway Business Park Subdivision Page 4 of 5 EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. 10,6*14068 i This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED APPROPRIATE COMPLETION CONSTRUCTION IMPROVEMENTS BOX DATE COSTS Sidewalks TOTAL COLLATERAL (TOTAL COST x 125%) 12/31 /2006 $ 8 5920.00 SUBTOTAL $ 8, 920.00 FEES TOTAL COST $ 8, 920.00 $117150.00 i w � � ► s •PITMAN ■ , a r Y • '�°�w.asrsr�evr Subdivision Improvements Agreement Appleway Business Park Subdivision Page 5 of 5 GLACIER BANK PO Box 27, Kalispell, MT 59903 (406) 758-4345 fax (406) 756-4204 January 27, 2006 City of Kalispell 312 1" Ave. E. Kalispell, MT 59901 RE: Appleway Business Park Irrevocable Letter of Credit No. 1-06-276 Amount: $11,150.00 Expiration Date: July 27, 2007 Glacier Bank has established an Irrevocable Letter of Credit in your favor at the request of and for the account of Appleway Business Park, 935 E. Oregon St., Kalispell, MT 5 9901, up to the aggregate amount of ELEVEN THOUSAND OIL HTJNDRED FIFTY AND 001100 US DOLLARS ($11,150.00), for sidewalks along the Appleway Business Park Project. If Appleway Business Park fails to complete the specified improvements along the Appleway Project within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this Letter of Credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. Said funds are available by presentation of your sight draft(s), which clearly specifies the number of this Letter of Credit and shall be presented at the office of Glacier Bank, 202 Main Street, Kalispell, MT 59901. All drafts must be presented prior to the expiration date stated above, and this Letter of Credit must accompany the final draft for payment. Draft(s) drawn in conformity with the conditions of the credit will be honored by us if presented at our office on or before July 27, 2007. website: www.glacierbank.com. email: glacier@glac:ierbank.com MEMBER FDIC AN EQUAL OPPORTUNITY LENDER City of Kalispell January 27, 2006 Page 2 This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. Unless otherwise expressly stated, this Letter of Credit is subject to the Montana Uniform Commercial Code and the Uniform Custom and Practice for the Documentary Credits (1993 Revision) International Chamber of Commerce Document No. 500. Sincerely, Peter J. Davis Vice President PJDlllw 17 -- 2nd street Bast, Suite 211. Kalispell, Montana. 59901 Telephone: 40 751-1.8 50 Fax: 406) 751-1858 website: kalispellplan.ning.com January 30, 2006 James H. Patrick, city Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Final Plat for Appleway Business Park Dear Jinn: Our office has received an application from Marquardt 86 Marquardt Surveying, Inc. for final plat approval of Appleway Business Park Subdivision that plats 6 commercial lots on approximately 1.47 acres. The site is located on the south side of Appleway immediately wrest of the South Meridian intersection. The property can be described as Assessors Tract 14 in Section 13, Township 28 North, Range 22 west, P.M.M. , Flathead county, Montana. The Kalispell city council approved this subdivision subject to 12 conditions on July 18, 2005. All of the conditions have been adequately met or otherwise adequately addressed. Sidewalks along Appleway remain to be installed. A Subdivision Improvements Agreement along with a letter of credit in the amount of $11,150 has been submitted with this plat to address 12 5% of the cost of sidewalks. The improvements are anticipated to be completed by December 31, 2006 with the letter of credit expiring on July 27, 2007. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. COMPLIANCE "KITH CONDITIONS OF APPROVAL Condition No 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, covenants, elevation drawings, materials and other specifications as approved by the city council. (Kalispell Subdivision Regulations, Appendix c -- Final Plat) This condition has been met. The final plat is in compliance with the preliminary plat that was submitted. Condition. No 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public works Department. (Kalispell Subdivision Regulations, chapter 3, Design Standards, Section 3.01). *The only public infrastructure associated with this project are sidewalks which have been bonded. for. At the time of sidewalk construction, the Subdivision Improvements Agreement and associated bond will be used to insure that the sidewalks are properly designed, installed and inspected. Condition, No 3. The following requirements shall be met per the Kalispell Fire Department. (Kalispell Subdivision Regulations, section 3.20) . a. water mains designed to provide minimum fire flows shall be installed per city specifications at approved locations. Minimum fire flows shall be in accordance with. International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire code (2003) Chapter 5. d. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10--5. e. Street naming shall be approved by the fire department. "These conditions have been adequately addressed per letter dated January 27, 2006 from the Kalispell Fire Department. Adequate facilities and access are currently available. however, as each individual lot is developed, the Fire Department will review each site plan to determine if additional, access, hydrants spacing or water supply issues need to be addressed. Condition, No 4. That a sidewalk be constructed in the public right of way that continues the newly constructed sidewalk to the west. A plan for the placement of the sidewalk and landscaping shall be coordinated with the Kalispell Public Works Department and the Kalispell Parks and Recreation Department. *This condition has been adequately addressed. Sidewalks are being bonded per the attached Subdivision Improvements Agreement. Condition No S. That a letter be obtained from the Kalispell Parks and Recreation Department stating that a landscape plan has been reviewed and approved for the placement of trees and landscaping materials within the right-of-way or as otherwise approved. (Kalispell subdivision Regulations, section 3.11). *This condition has been met per letter dated January 27, 2006 from the Kalispell Parks Department. A cash in lieu of landscaping payment equivalent to the cost of landscaping has been given to the city by the applicant to address the boulevard landscaping work. Condition No 6. The developer shall provide a letter from. the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). *This condition has been met per letter front. Pennie Ulvila, carrier Supervisor, U.S. Post office. Condition No 7. street lighting shall be located within the subdivision and shall be installed with a full cut -of lens and shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell subdivision Regulations section 3.09(L)). o No street lights were required with this development. Condition No S. All utilities shall be installed underground. (Kalispell Subdivision Regulations, section 3.17) . *All utilities have been installed underground per site inspection. Condition No 9. That a note be placed on the face of the final plat that- waives protest to the creation of a special improvement district for the future upgrade of roads in the area to city standards which may be impacted by this development. *This note has been placed on the face of the final plat. Condition No 10. That a minimum of tyro -thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. *This condition has been met. The bond for sidewalks constitutes only a small fraction of the total development costs. Condition No 11. All areas disturbed during development of the subdivision shall be re --vegetated with a weed --free Unix immediately after development. • This condition will be met per the SIA when sidewalks are installed and per the Kalispell Parks Department agreement to vegetate the boulevards. Condition No 12. That preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision. Regulations, Section 2.04). *This condition has been met, the preliminary plat will expire on July 18, 2008. COMPLIANCE WITH APPROVED VED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the Kalispell City council on July 18, 2005. COMPLIANCE WITH THE SUBDIVISIONf REGULARTIONS: This subdivision plat has been found to be in compliance with the State and City subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the B-2 General Business zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECOMMENDATION10 . It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for Appleway Business Park Subdivision. Please schedule this matter for the regular city council meeting of February 6, 2006. Attachments: Vicinity map 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 copy of final plat Letter from Marquardt 8s Marquardt Surveying, Inc. Final plat application dated 1 / 24 / 06 Ltr from Montana DEQ dated 8/ 10/05 Ltr from USPS undated Ltr from Kalispell Fire Dept dated 1 / 26/ 05 Ltr from Kalispell Parks Dept dated 1 / 27/ 06 Title report # G 1578-53928 dated 12 / 13 / 05 Consent to plat from glacier Bank dated 9/30/05 Treasurers Certification dated 11 / 28/ 05 Subdivision improvements agreement dated 1 / 23 / 06 for $11)150 Ltr of Credit from Glacier Bank in the amount of $11,150 dated 1 /27/06 11 x 17" Copy of plat c: Marquardt & Marquardt Surveying, Inc., 285 1st Ave. F.N., Kalispell, MT 59901 Theresa White, Kalispell City Clerk 2851 st AVE. E,N, KALISPELL, M0NiANA, 59901 (406) 755-6285 Fax (406) 755-3055 January 25, 2006 City of Kalispell Planning Department 17 Second St. East Suite 211 Kalispell, MT 59901 Re: APPLEWAYY BUSINESS PARK, Sections 13, Township 28 North, Range 22 West, P.M., M., Flathead County, Montana. Enclosed is the Final Plat application for Appleway Business Park-. Preliminary plat appro val was granted on July 18, 2005. The conditions of approval have been met as follows: 1. That the development of the site shall be In substantial compliance with the application submitted, the site plan, covenants, elevation drawings, materials and other specifications as approved by tl c city council. (Kalispell Subdivision Regulations, Appendix G Final Plat) . The subdivision is in compliance with the approved preliminary plat. 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). Frank Castles of the Kalispell Public Works Department stated that plans for each lot would be submitted and approved on an individual basis. 3. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20) a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It should be noted that the hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10- S . e. Street narning shall be approved by the fire department. A letter from the Kalispell Fire Department is enclosed. Weed abatement will be in accordance with ordinance 10-8. 4. That a sidewalk be constructed in the public right of way that continues the newly constructed sidewalk to the west. A plan for the placement of the sidewalk and landscaping shall be coordinated with the Kalispell Public Works Department and the Kalispell Parks and Recreation Department. The Kalispell Public Works department has determined that sidewalks should be constructed after development of the individual lots. A Subdivision Improvement Agreemeiit l'o • sidewalk construction is enclosed. 5. That a letter be obtained from the Kalispell Parks and Recreation Department stating that a landscape plan has been. reviewed and approved for the placement of trees and landscaping materials within the right-of-way or as otherwise approved. (Kalispell Subdivision Regulations, Section 3.11) The Kalispell Parks and Recreation Department have approved a landscaping plan. Payment for materials and installation has been paid to the Kalispell Parks Department. 5. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22) . A letter from. the U.S. Postal Service is enclosed. 7. Street lighting shall be located within the subdivision and shall be installed with a full cut -of -lens and shielded so that it does no intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations, Section 3.09(L)). There are no streets within the subdivision. S. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). The utilities will be installed underground. 9. That a note be placed on. the face of the final plat that waves protest to the creation of a special improvement district for the future upgrade of roads in the area to city standards which may be impacted by this development. The note has been placed on the face of the final plat. 10. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. All required improvements except the sidewalks have been completed. 11. All areas disturbed during development of the subdivIs1011 shall be re -vegetated with a weed -free mix immediately after developiizent. All disturbed areas will be re -seeded with a weed -free mix. 12. That preliminary plat approv�d shall be valid for a pciiod of threc years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04) . The plat is being submitted �).,ithin the allotted three-year Thiiits If you have any question please do not hesi ale to call oL117 office. Sincerely, Debbie Shoemaker Marquardt & Marquardt Surveying, Inc. Department { NVIRONMENTAL},, SEr..`��. P.U. Box 2009.01 e Helena, MT 59620-0901 August 10, 2005 Schwarz Architecture & Engineering Inc Marc Liechti 100 Financial Dr Suite #120 Kalispell i T 599ki1 Dear Mr Liechti: Brian Schweitzer, Governor (406) 444-2544 www.deq.mt.gov RE: Appleway Business Park Municipal Facilities Exclusion EQ#06-1238 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 176-4-111 (3)5 MCA} . Construction of water or sewer extensions prior to DECK, Public water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, anet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801— emailjskaarland@state.mt.us cc: City Engineer County Sanitarian file RECEIVE[) NU612 IS Enforcement Division - Permitting & Compliance Division - Planning, Prevention & Assistance Division - Remediation Division . 1. j 'f•. -..f . • � S • l `r. .".... .1 � ......• "'�. ....mow - UNITED STATES POSTAL -SERVICE IrCALI hELI_, MT. 59901-9993 .The mailbox turnout must be a minimum of 30 feet long plus an additional four feet._ for each cB U and parcel locker required. The turnout is to be at least 1 0, feet amide so that the mail carrier's vehicle or customer's vehicle will be completely off the roadway while stopped at the mailboxes. This ten foot width will be a .flat level ." surface. The turnout, combined,with the developed road surface, will provide an area wide enough for the mail carrier to completely turn around without having to back up (at least 70 feet total width.) CB U's are to be installed at the mid point of the turnout. If you have any questions regarding this matter, your may contact me at 755-5450. Sincerely, Pennie Ulvila Carrier Supervisor Enclosure Randy Brodehl - Fire Chief Brent L. Christopherson - Assistant Chief/Prevention Dan Diehl -- Assistant Chief/Operations TO: TOM JENTZ, PLANNING DIRECTOR 312 First Avenue East Kalispell, Montana 59901 (446) 758-7760 FAX: (406) 758-7952 FROM: BRENT L. CHRISTOPHERSON, ASSISTANT CHIEF/PREVENTION ` DATE: JANUARY 19, 2006 SUBJECT: APPLEWAY BUSINESS PARK — FINAL PLAT APPROVAL We have the following comments on the above project: 1. Water mains designed to provide minimum fire flows are installed on Appleway north of the project. As the business park is developed, additional water mains may be required to achieve minimum fire flows in accordance with International Fire Code (2003) Appendix B. 2. Fire hydrants are provided on Appleway north of the project. As the business park is developed, additional hydrants may be required. In the event additional hydrants are required, they will be installed at locations approved by this department, and prior to combustible construction. 3. Fire Department access is currently adequate, but is subject to review and comment as the business park develops. Please contact me if you have any questions. I can be reached at 758-7703. c.c. Jeff Clawson, Commercial Plans Reviewer "Assisting our community in reducing, preventing, and mitigating emergencies. " �W IVKalispell uf Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 January 27, 2006 Marquardt & Marquardt Rurveying Attn: Dawn Marquardt 285 l 5' Ave EN Kalispell, MT 59901 Re: Appleway Business Park -- Landscaping Boulevard Dear Dawn: This letter is to serve as approval of the Appleway Business park landscaping plan submitted in conjunction with a check in the amount of $4,564.30, which will cover the cost of the improvements as outlined. As previously discussed the monies deposited with the city will cover the cost of planting of 10 trees, boulevard prep, topsoil and seeding and will be the responsibility of the city. These improvements will take place in the future as the subdivision progresses and when appropriate with the development schedule. It was a pleasure to work with you on the Appleway Business Park landscaping plan requirements. Again, thank you for your continued attention to detail when developing projects. If you have any concerns or questions please give me a call. Sin erely, Michael Bake , yirector cc: Tom Jentz, Kalispe tanning P.J. Sorensen Rick Wills, Finance Department Mark Crowley, Public Works City of Kalispell Planning Department 17 - 2'd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: Contact Person: Name:V""� t-, �-&� S r Address: 1 E A2 Phone No.: %S.S- L.2 FsS "*1 Date of Preliminary Plat Approval: lox N Owner & Mailing Address: 3 � n s Type of Subdivision: Residential Industrial Commercial / PUD Other Total Number of Lots in Subdivision L Land in Project (acres) 1.% L1 7 Parkland (acres) No. of Lots by Type: Single Family Cash--in-Lieu $ Townhouse Duplex Apartment Commercial (tn Industrial Condominium Multi --Family Exempt Y Mobile Horne Park Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property 7 T 1 FILING FEE ATTACHED $3D Minor Subdivision with approved preliminary plat -Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat .5� Subdivision Improvements Agreement $400 + $100/lot $650 + $100/lot $600 + $100/lot $ 50 1 Attached Not Applicable (MUST CHECK ONE) V Health Department Certification (Original) Title Report (Original, not more than 90 days old) +/ Tax Certification (Property tomes must be paid) _� Consent(s) to Plat (Originals and notarized) V/ Subdivision Improvements Agreement (Attach collateral) �G Parkland Cash -in -Lieu (Check attached) +� Maintenance Agreement t/ Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 64 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat aallications be accompanied with a digital copy. owners} Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights--of--way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 6 CONSENT TO PLATTING Pursuant to Section 76-3 -6 12, MCA, the undersigned, GLACIER BAND., Beneficiary as recorded May 2, 2005, Instrument No. 2005-122-133 50 and May 2, 2005 Instrument No. 2005-122- 13350, Flathead County, Montana, hereby consent to platting and dedication of land included in the plat of APPLEWAY BUSINESS PARK. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this da of , 200 -: y � Glacier/Bank ✓L� v Title: STATE OF MONTANA ) ss. County of Flathead ) This instrument was acknowledged before me on ��'200, g byEW-11-Ddlr , of Glacier Bank. A s Notary Public for h State of (Y) n v J� 6-�) _ Residing at My Commission expires Q W Plat Room Flathead County, Montana Boo S. Main St. Kalispell, MT S9901 (406) 75 8 -5 510 This Fora is for Subdivisions & Condominiums Only MARQUARDT SURVEYING BY: -Ko d FOR: MARQUARDTIGPRR LLC DATE: 08/03/2005 DES(:P: APPLEWAv BUSINESS PA PURPOSE: PLAT YEARS A SESSOR 2000 T HRU 2004 0213850 /•nr .. •.••rr• �. .r.. �._+ rtan si.TV.•ika�. nr•.i.•s.r•..r•r..•� ti.•. r.a.�...rs..«....... ... ..... .. .. �_ .....�.....�.... «. N.— TO •r wvri•k...I ••/r<qr—rr•11•.w rr ►/d.Y•,•rk.JWN-.• kr.. W. .. I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor nurnber. NOV 2 8 Depukty. Trea5 u rer tit •, `i(seaiX s 4 Irk i i- 4. k. GUARANTEE - (CLTA Form) Rev. 616192 r, GUARANTEE SUBJECT TO THE EXCLUSIONS FROM OVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN, stewart . olitle guaranty company a corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. E!�qe.4" wwawwdy rC President 0 's Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional 1. liability, or assurances other than as contained herein, please contact the company for further information as to the availablility and cost. �- Page i of Gurialarar�N#eea. SeG 1578- 53928 In writinn the Comoanv please address it at P.O. Box 2629, Houston, Texas 77252, and refer to the printed Serial Number. SUBDIVISION GUARANTEE Order No. STK-102471 Guarantee No. G-1578-53928 Date of Guarantee: December 13, 2005 Liability: $1000.00 A. ASSURED: Marquardt & Marquardt Surveying B. ASSURANCES: 1) Description of the land: That portion of the Northeast Quarter of the Northeast Quarter (NEI/4NE'/ ) of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, shown in Book 510, Page 454, described as follows: Beginning at the Northeast corner of that parcel shown in Book 510, Page 454; thence South 00' 16'44" west 99.27 feet to the northerly line of the Burlington Northern Railroad Right of way; thence along the northerly line of the Burlington Northern Railroad Right of way South 75a45'56" west 441.82 feet; thence North 00°43' 54" East 201.21 feet to the South line of Appleway Drive; thence along the south line of Appleway Drive North 89006'20" East 426.63 feet to the Point of Beginning. 2) Name of Proposed Subdivision Plat: The above -described tract of land is to be known and designated as the Appleway Business Parr 3) That only the hereafter named parties appear to have an interest showing in the public records affecting the land necessitating their execution of the named proposed plat or map, as follows: GPRR, LLC DAWN MARQUARDT GLACIER BANK C. EXCEPTIONS: 1) General county taxes for the year 2005, which are now a lien but not yet computed or payable. 2) Location of Burlington Northern Marion Branch railroad right-of-way along the southerly boundary as described in Deed recorded April 17, 1891 in Book 353, Page 481, records of Flathead County, Montana. 3) Boundary Line Agreement between Hagerman, Robinson and Duval Recorded: October 4, 1972 Book/Page: 543/279 4) Easements, reservations, restrictions notes and dedications, as shown on Deed Exhibit recorded in Book 510, Page 454, records of Flathead County, Montana. 5) Easements, reservations, restrictions notes and dedications, as shown on the Certificate of Survey No. 16670, records of Flathead County, Montana. 6) Easements, reservations, restrictions notes and dedications, as shown on the unrecorded plat of Appleway Business Park. 7) Resolution No . 5027 (Annexation) Recorded: July 22, 2005 Instrument No: 2005-203-08050 8) Petition to Annex and Notice of Withdrawal from Rural Fire District Recorded: July 22, 2005 Instrument No: 2005-203-08070 9) Deed of Trust Grantor: GPRR, LLC and Dawn Marquardt Trustee: Stewart Title of Kalispell Beneficiary: Glacier Bank Amount: $188,33 8.00 Recorded: May 2, 2005 Instrument No: 2005-122-13350 10) Deed of Trust Grantor: GPRR, LLC and Dawn Marquardt Trustee: Stewart Title of Kalispell Beneficiary: Glacier Bank Amount: $238,894.00 Recorded: May 2, 2005 Instrument No: 2005-122-13 3 60 11) County and/or City road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the public to use and occupy those certain roads and trails as depicted on County Surveyor's reaps on file in the office of the Flathead County Clerk & Recorder's Office. 12) Exceptions and reservations contained in Patents of record. 13) Any off record facts, encumbrances, easements or possessory claims a survey or inspection would disclose. 14) No examination made herein for State U.C.C.'s and/or Federal Bankruptcy's, and coverage is excluded herein. 15) Rights of the United States of America to recover any public funds advanced under the provisions of the Hill -Burton Act or various Federal statues relating to health. 16) Survey/Plat, when recorded, must be in compliance with the provisions of the Montana Subdivision and Platting Act, 1973 (Sections 76.3-101 M.C.A.) and the Regulations adopted pursuant thereto. 17) No search has been made for water rights or unpatented mining claims and liability thereon is excepted from the Certificate. 18) The above described property is located within and subject to the jurisdiction of the Kalispell Fire District. THE END MEAD COUNTY AND IS NOT NE-CESS-A-RILY AN ACCURATE � : r �D�ES OR EASEMENTS AND �AYa. I 6�c Nuqjectrrope MP� 14 -A I IA r r' .C. s 14 ii0-A Vt r 1 1 1 his ap is prS)vldeo for 1,oca o urposesrOdqe C ��' X", on , E No ta i��ed i� ` -.. :.. Stewart nucc tkalispella d/or StewarffitleGua nt l~ Tnywhich i L\ mavresnl rro m re ar t s� + 7 : i T 7A.8 AA 7A.f38B' 1-4 I A 1 A 2� f A 1F B f 1 AE Ilk .,, 111dy IdnC MY aNPt UN11CWV CRAM I UKUM L! IV LGI I 110 V! Ll Ilia WUQI LL1 iLGG, rr IVU IVI ur I Ivt 4 0 it shall be liable hereunder, and shall not thereby concede liability or waive any 10. Reduction of Liability or Termination of Liability - All payments under this provision of this Guarantee. If the Company shall exercise its rights under this Guarantee, except payments made for costs, attorneys' fees and expenses paragraph, it shall do so diligently. pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgement or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the .estate or interest as stated herein, or to establish the lien rights of the Assured. 'if the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage - In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to* examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 7. Options to Pay or Otherwise Settle Claims: Termination of Liability - In case of a claim under this Guarantee, the Company shall have the following additional options: (a) 'To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in 11. Payment of Loss (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) when liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 12, Subrogation Upon Payment or Settlement - whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 13. Arbitration - Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgement upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. M No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company 15. Notices, where Sent - All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at P.G. Box 2029 Houston, Texas 77252-2029. Page 4 � ewart title guaranty company IUAROT & GPRR. LLC N as N89-14'00"E 56.58' 20 �0' 50.01' 76.58' �� I 70.01' Q dl 23 al N ate' �"'En �Q o 0 N89'14'00'E �_N89'14'00'E 20.00' 20.00' SHARED ACCESS & UTILITY EASEMENT I I[ 3 M d d LOT 6 0.34 Ac. (Gr.) 0.33 Ac. (Net) 10' �----tD' DRAINAGE EASEMENT go.27' SCALE: I' = 30' isrn Q [n b -at . & l ardt �n �4a6j 7'S5=6285 (4061755-3055 Subdivision Plat of APPLE\VAY BUSINESS NE 1/4 of the NE 1/4, Section 13, T28N R22W, P. Flathead County, Montana APPLEWAY DRIVE - 60' PU BL1C ROAD BASIS OF B RINGS PER BOOK 5 O. PAGE 454 426.63' 5Q.01' 20.aa0' I3 7Q.a,5Q.a1 5a.az7a Q, �I 2Q.a[1'� o.aQ' s0.os 70.01 I - I 70.01' Poe tV)O - o off" - 1d cp D dl� I5 2I v r7 ryl vi rdi I$ rrsl • "' 'r' '�' "' 0 V NATURAL GAS-t-I a; N I I w SHARED ACCESS & c¢ii I V) LINE EASEMENT _ _ _ UTILITY EASEMENT - -�j ! 1 H89'14'0� 3^ N89'14'QQ"E °Y N89'14'0� J T 1 _ L N89'14'00'E 20.00' 20.00' 20, 00' 20.00' SHARED ACCESS & UTILITY EASEMENT 3t ° LOT 4 A n 0.25 Ac. (Gr.) LOT 5 0.24 Ac. (Net) 0.28 Ac. (Gr.) 0.27 Ac. (Net) N 5' NATURAL GAS LINE EASEMENT _ �- '7211. �e LOT 1 b rl C LET to 0.16 Ac. (Net) 0 0.20 Ac. (Gr.) s' NATURAL GAS LI'4E EASEMENT LOT 3 1 0.19 Ac. (N et) a N 0.23 Ac. (Gr.) F4 0.21 Ac. (Net) rt � tn IO' DRAINAGE EASEMENT 7 51 �„a, 82 0, Ep�SYRXAR CyF W�,q �� .TRptLS R Rp lL�Lo Vill BURLtNG�ON 14 LEGEND U FOUND 5/8" REBAR (NO CAP) FOUND 5I8" REBAR WITH PLASTIC CAP MARKED "MARQUARDT 7328S" p SET 5/8" BY 24" REBAR WITH PLASTIC CAP MARKED "MARQUARDT 73285- ArM PHYSICAL ADDRESS - APPLEWAY DRIVE Note: Waiver of Protest Participation in Spe_iat Improvement District DAWN MARQUA';DT & GPRR, LLC hereby waive any and all right to protest have in regards to 5ny attempt to be made by the City of Kalispell. to initiate; improvement distri -t upgrading Appleway Drive. including, the installation of sidewalks, bouleva-d landscaping and any future widening or reconstruction o Drive. Provided however. that DAWN MARQUARDT & GPRR. LLC understar retains the ability t[ object to the amount of assessment imposed as a result of I a Rural Special Improvement District. DAWN MARQUARDT & GPRR. LLC agi covenant shall run ta, with and he binding on the title of the real property des shall be binding oo -he heirs, assigns, successors in interest. purchasers. and any subsequent hoiden ar owners of the real property shown on the subdivision p Business Park. - � .. ,_ ter•" = L ti :., ::, �- f..,..}} �r o i ��,,. wvny..,n..Mn.i. i .. �.. r �,.. � • _ � i .:.{ � ^'� i ...• ..t 1. = r s 1AB _ s. 1 E 1 A A ect Prope mm NOR- 1 �. 12 • fin ti, �� iU7 x • .ter � - � \ � e � 9N-.-r �: yar.wcw. M1r ;. •.i`.'. " r.•rnf. ..Fa.. ...n .a.x `; � 5� 1-3 5 S Y-yN`;M1 3•t- l�� k ✓.-V+.V+n'�: v.n.•W..., �-e�y....i%+m- .. w..v....M.. f R - i ! , M1 .. • � n.\ +v. N.. . `. •.w•W ..w v � S 5 f.: �t yw„ ✓�.yYM' R-1 11DA P� 1 SAB tip'` x�.w.�. e'er+ r } a }• .... sue.. g i ; �+' i •iYnleis J. 1614 ?; r r jk` lyh aht i ALL 2 ?15 1413 J r' }...,,.......,w ••+na.,.• ,n,,.....,.,..._.»..�......,.� ,.,,,.., w.w. y F R z { 81 � ; ....,... ` 4 5 D � �;1� F 7 W +.• t rj wN 'ww.� 3 •i i ,� AOD Q` 5Duir VICINITY MAP SCALE 1 " 300' DAWN MARQUARDT/GPRR, LLC PRELIMINARY PLAT APPLEWAY BUSINESS PARK A 6 LOT COMMERCIAL SUBDIVISION ON 1.82 .ACRES bi IN THE PROPOSED B-2 (GENERAL BUSINESS) DISTRICT FILED CONCURRENTLY WITH AN ANNEXATION & INITIAL ZONING f r PLOT DATE 5/12/05 FILE# KPP 05 ( H.\gis/sie\kPPi�5_'.dwg 1 Subdivision Plat of APPLEWAY BUSINESS PARK NE 1/4 of the NE 1/4, Section 13, T28N R22W, P.M., M. Flathead County, Montana CERTIFICATE OF DEDICATION DAWN MARQUARDT & GPRR, LLC, the imd-Iii-d property .,meo do hereby -Iffy this, we he,, caused to be eyed. subdivided and platted Into let, as shown by the Flis, he,eto annexed, the f.11-Ing described [and situated in she City of Kalispell. Montana, to -wit: Th., portion of she N-sh-u 1/4 of the Northeast 1/4. Section )3. T.-hi, 28 North. Range 22 W-. P.M.. M- Flathead County. Montana shown in Book 510. Page 454. described as follows: Beginning at the Northeast corner of that Pascal shown in Book 510. Page 454: Then- South 00`24'24" West 99.27 feel to the Northerly line of the Butting- NorthernRailroad Right of Way; Then,, along the Northerly line of the Burlington Northern Railroad Right of Way. South 75'53*59' West 441.82 feet: Then', North 00'43'54' East 201.21 feet to the South line APPI-Y Drive: Then,, long the South line of Appleway On- NNorthWlat'00'-East 426.63 feel to the Point of Beginning containing 1.47 Ic,,, of land all as shown hereon. Subject and together with aaaemaml, of record. Subject and together with easements as show, hereon. The above described Inscl of land is to be Im.- and designated as Apple -ay B.,m- Park. Dated this _day of 200. GPRR. LLC 426.63 By: 50.01* j 20,00' 10 01 1 " DAWN MARQUARDT Name & Title It 70,01' POF, 5 17 h89-14'00"E 0, 7 76.58' 'OB, @) APPLEWAY DRIVE - 60- PUBLIC ROAD BASIS OF B ARINGS PER BOOK 5 0, PAGE 454 50.51- 20 000 70.01' 70,01�0 (iD N m -�-114 SHARED A Y CEC I UTILIT EA ME.1-t - YNATURAL GAS LINE EASEMENT -6 STATE OF 4'00'- N891 S -i '1 4'00-E N89 � � D.-I N89'14'00-E 20,00' N '00"E 2 08,90'O'a' County of 20.0 ESS & SHARED ACCO UTILITY EASEMENT 20.0.* 20.00' SHARED ACCESS &-) UTILITY EASEMENT 20.00' LOT I This instrument was acknowledged before me no 2W by DAWN MARQUARDT. Printed Name; Notary P,bii, to, the list, I s,- 1� LOT 2 0.20 Ac. (Gr.) 0.17 Ac. (Gr.) o 1. 0.16 Ac. (Net) "NATURALGAS LIVE EASEMENT Residing ., My Commission Expires o LOT 3 0.23 Ac. (Gr.) 0.19 Ac. (Net) b IO'DRAINAGE EASEMENT 3" STATE OF County of LOT 4 0.25 Ac. (Gr.) 0.21 Ac. (Net) 0. ,B This --mmil -a, i,k..wItdgad before me on .20C, by GPRR, LLC. o LOT 5 0.28 Ac. (Gr.) 0.24 Ac. (Net) of P,mI,d Name: N-sY Public for the p- LOT 6 0.34 Ac. (Gr.) b 2 0.33 Ac. (Net) 0.27 Ac. (Net) 51 NATURAL GAS LINE EASEMENT 2 2.3' Betiding at My Commission Expires CERTIFICATE OF FINAL PLAT APPROVAL -CITY ICF DRAINAGE EASEMENT The City Council of the City of Kalispell, Mont,,,, do,, hereby certify that 11 has examined this subdivision Plat and, having found the law and is hereby approved this _ day of _, 200 at o'clock. Parkland Dedication is exempt per Section 76.3-621(3)(,). MCA. 72 St 0 SO Cko 'pas Ixylef?" OPIDSTS ? ,�014 gVRLINCity May., FinanceDi-to, CERTIFICATE OF CITY ATTORNEY Attorney for the City of Kalispell, Montana, do hereby certify that I have examined the Certificate of Till,: issued by a Roamed title ,ompimy, attached hereto, of 1-d described in the Certificate of Dedication of Z annexed P1.1 f A,pl-.y Business Park. in the city of Kalispell. Mont,,, and find that the own,,, in fee simple of necord have -m-Rd to platting of said subdivision. Dated this _day.f_,200 City Attorney SCALE: 1' 30- 0 0 41 b -- LEGEND () FOUND 5/8" REBAR (NO CAP) E) FOUND 518" REBAR WITH PLASTIC CAP MARKED 'MARQUARDT 0 SET 118'IY 24'R11AR WITH PLASTIC CAP MARKED "MARQUARDT PHYSICAL ADDRESS - APPLEWAY DRIVE 7328S' 11211" Approved: _, 200 N.le: Waiver of Protest Examining Land S.-ty., Participation in Spt,i.1 Improvement District Registration No. 54285 DAWN MARQUARDT & GPRR. LLC hereby waive any and all right to protest which they may havein regards to -,.,y,tt,mpt to be made by the City of Kalispell, to initiate -petlu! imp, pg,,di,gAppl,w,yDrive, including, the installation ,fcurb and gutter. CERTIFICATE OF SURVEYOR improvement d"to t sidewalks,b,.],v.--'I,,d,c,pi,g,,d,nyft... widening ..reconstruction of Appl-y Drive. Provided -ev-,ha, DAWN MARQUARDT & GPRR. LLC md-hs.ds has they retain he abilityo, object to he amount of assessment imposed a, a of he of DAWN MARQUARDT Date a Rural I Special District. DAWN MARQUARDT & GPRR. LLC agree that this Registration No. 73285 ant shall sun i,>e described above and with and be binding on he title of Ihi, real ,.pelyda be binding e net,,. a,sIgm-,o,,o,, In Interest, purchasers, and any and all an,,eq.- holders 3. owners of in, -I property shown on th-lidh,hi- Fiat for Appl-y Business Park. STATE OF MONTANA County of Flathead Filed on the _ day of 200. A.D., at _,'ct,,k _m. County Clerk and Recorder By: Deputy Field Crew: ml-m- Record No. MEN