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Staff Report/Final PlatCity of Kalispell Planning Department I7 - 2°d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.coin REPORT TO: Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner II James H. Patrick, City Manager SUBJECT: Final Plat Approval for Amended Plat of Lot 6, Block 251 Kalispell Addition No. 7 MEETING DATE; March 5, 2007 BACKGROUND: This is a residential subdivision that creates two sublots. The proposed sublots are located in a residential neighborhood with existing water and sewer services available. The property is located at 1342 Third Avenue East at the northwest corner of Third Avenue East and 14th Street East in Kalispell. The lot is approximately 7,110 square feet in size and the property contains a duplex currently under construction. The proposed subdivision would divide the duplex creating two approximately 3,555 square foot sublots. The property can be described as Lot 6, Block 251, Addition No. 7 to Kalispell located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The property is zoned R-4, Two Family Residential. This zoning district permits a duplex on 6,000 square foot lots. The proposed subdivision would create two sublots to allow for individual ownership of each unit of the duplex currently under construction on the site. The proposed sublots are consistent with the R-4 zoning district as well as Section 27.22.130 of the Kalispell Zoning Ordinance regarding sublots. Our office found that the proposed subdivision met the preliminary plat waiver criteria as provided for under Section 2.08 of the Kalispell Subdivision Regulations and waived this requirement on September 15, 2006 attaching four conditions of approval. Findings of fact for approval of the plat are found in the attached staff report KWP-07- 01 which details the conditions of approval and discusses how they have been met. RECONMIENDATION: A motion to adopt the findings of fact in the staff report KWP-07-01 and approve the resolution for the final plat would be in order. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Nicole C. Johnson ames . Patrick Planner II City Manager Report compiled: February 26, 2007 c: Theresa White, Kalispell City Clerk attachments: Transmittal letter and application Staff report KWP-07-01 Plats 2 RESOLUTION NO.5185 A RESOLUTION APPROVING THE FINAL PLAT AND SUBDIVISION IMPROVEMENT AGREEMENT OF THE AMENDED PLAT OF LOT 6, BLOCK 251 KALISPELL ADDITION NO.7, LOCATED IN SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, C.M. Clark, the owner of certain real property described above, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on September 15, 2006, by the Kalispell Planning Department according to Section 2.06 of the Kalispell Subdivision Regulations subject to four (4) conditions, all of which have been met, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report (KWP-07-1) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KWP- 07-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of C.M. Kalispell Addition No. 7 in approved. Clark for final plat approval of Lot 6, Block 251, Section 17, Flathead County, Montana, is hereby SECTION III. That the subdivision improvement agreement between the City of Kalispell and C.M. Clark is hereby approved. SECTION IV. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION V. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 5TH DAY OF MARCH, 2007. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 200 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and C.M. CLARK & JANET M. CLARK, located at 508 Siblerud Lane, Kalispell, MT 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 AMENDED LOT 6, BLOCK 251, KALISPELL ADDITION NO. 7 located at 225 14t' St. E, Kalispell, Montana and, WHEREAS, the City has conditioned it's approval of the final plat of AMENDED LOT 6, BLOCK 251, KALISPELL ADDITION NO. 7, 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 $3,200.00. 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 Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $4,000.00. Said Letter of Credit or other collateral shall have 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 $4,000.00 the estimated cost of completing the required improvements in AMENDED LOT 6, BLOCK 251, KALISPELL ADDITION NO. 7. 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 limited of credit stated in the letter; 2. That said required improvements shall be fully completed by September 4, 2007. 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. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. TJwi�used portions of the collateral shall be returned to the Developer or the c 'ng jstWtion, as is appropriate. IN WIT�SS�H r the Parties have hereunto set their hands and seals the day and year her n be re �: C.M. CLARK JANET M. STATE OF MONTANA ) ss. County of Flathead This instrument was acknowledged before me on, 200'-) by C.M CLARK and JANET M. CLARK. � ��c�C�� --=,;. _ CSC), d•.�' Printed Name I 1AC h Notary Public or the State of Montana O Residing at My Commission Expires_��_� ter_ .... �r MAYOR, CITY OF KALISPELL MAYOR ATTEST: CITY CLERK EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED APPROPRIATE COMPLETION CONSTRUCTION IMPROVEMENTS DATE COSTS Street Grading/Paving Street Base Sidewalks x 9/04/07 $3,200.00 Curbs and Gutters Sanitary Sewers Mains Other ( ) On -Site Sewage Facilities Water Systems Mains Other ( ) On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping Other ( ) SUBTOTAL $3,200.00 FEES TOTALS COSTS $3,200.00 TOTAL COLLATERAL (TOTALS COSTS X 125%) $4,000.00 City of Kalispell Planning Department 17 - 2' Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com February 26, 2007 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval for the Amended Plat of Lot 6, Block 251, Kalispell Addition No. 7 Dear Mr. Patrick: Our office received an application for final plat approval from Marquardt 8v Marquardt Surveying on behalf of C. M. Clark for a residential subdivision that contains two sublots. The property is located at 1342 Third Avenue East at the northwest corner of Third Avenue East and 14th Street East in Kalispell. The lot is approximately 7,110 square feet in size and the property contains a duplex currently under construction. The proposed subdivision would divide the duplex creating two approximately 3,555 square foot sublots. The property can be described as Lot 6, Block 251, Addition No. 7 to Kalispell located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The property is zoned R-4, Two Family Residential. This zoning district permits a duplex on 6,000 square foot lots. The proposed subdivision would create two sublots to allow for individual ownership of each unit of the duplex currently under construction on the site. The proposed sublots are consistent with the R-4 zoning district as well as Section 27.22.130 of the Kalispell Zoning Ordinance regarding sublots. Our office found that the proposed subdivision met the preliminary plat waiver criteria as provided for under Section 2.08 of the Kalispell Subdivision Regulations and waived this requirement on September 15, 2006 attaching four conditions of approval. Specifically, the subdivision meets the following criteria: 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or private parkland. 3. All lots have legal and physical access conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Public sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations. 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. The Kalispell City Council will need to adopt findings of fact for approval found in the attached staff report KWP-07-01 concurrent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been met. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. • This condition has been met. The lots in the subdivision comply substantially with the preliminary plat that was waived. Condition No. 2. 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 streets in the area to City standards. • This condition has been met. The required note has been placed on the face of the plat and will be recorded with the plat. Condition No. 3. Sidewalks meeting Kalispell's Design and Construction Standards shall be installed along the property boundaries of both Third Avenue East and 14th Street East. Design and construction plans shall be reviewed by the Kalispell Public Works Department. Removal of any trees within the right-of-way because of required sidewalk installation shall be approved by the Kalispell Parks and Recreation Department prior to removal. Any new trees required by the Parks and Recreation Department to be planted within the right-of-way shall be paid for by the property owner. • On November 20, 2006 the Kalispell City Council motioned and approved an amendment to this condition exempting the applicant from installing a sidewalk along 14+h Street East. However, sidewalks shall be installed on the east side of Lot 6 along Third Avenue East as well as along the neighboring Lot 5 to the north of the property to connect to existing sidewalks. The amended condition has been met. A Subdivision Improvement Agreement totaling 4,000 dollars was included for the sidewalk construction along Third Avenue East. Fred Zavodny and Frank Castles of the City of Kalispell Public 2 Works Department provided construction cost estimates for the approximately 100 feet of sidewalk required. The property owner plans to coordinate with Public Works and the Parks and Recreation departments prior to the installation of the sidewalk which is a necessary component of this condition of approval. Condition No. 4. This waiver of preliminary plat approval is valid for three years and will expire on September 15, 2009. • This condition has been met. The fmal plat was submitted prior to expiration of the waiver. COMPLIANCE WITH APPROVED PRELINMARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved. CONIPLL4NCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the R-4, Two Family Residential, zoning designation assigned to the property. RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council adopt the attached staff report KWP-07-01 as findings of fact and approve the final plat for the subdivision. Please schedule this matter for the next regular city council meeting of March 5, 2007. If you have any questions regarding this subdivision please call me at (406) 751-1850. Sincerely, qlj� 0"' - ( V� Nicole C. Johnson Planner II Attachments: Vicinity map 2 reproducible Mylar 3 1 paper copy 11 x 17 reduced copy Staff Report KWP-07-01 Letter from Marquardt & Marquardt Surveying Final plat application Letter from Planning Department for pre plat waiver dated 9/15/06 DEQ approval #E.Q. #07-2289 dated 11 / 23/ 07 Treasurers Certification dated 12 / 12 /06 Title Report # G-2222-26616 from Stewart Title Insurance Company dated 1/8/07 Consent to Plat from Glacier Bank dated 2 / 2 1 /06 Subdivision Improvement Agreement (SIA) for $4,000 dated 2/22/07 SIA Bond in the amount of $4,000 dated 12/4/06 c w/ attachments: Theresa White, Kalispell City Clerk c w/o attachments: Marquardt & Marquardt Surveying 285 1st Avenue East North, Kalispell, Montana 59901 C. M. Clark, 508 Siblerud Lane, Kalispell, Montana 59901 4 AMENDED PLAT OF LOT 6, BLOCK 251 KALISPELL ADDITION NO. 7 C.M. CLARK RESIDENTIAL SUBDIVISION KALISPELL PLANNING DEPARTMENT STAFF REPORT KWP-07-01 REVIEW AND FINDINGS OF FACT FEBRUARY 26, 2007 This is a report to the Kalispell City Council detailing findings of fact for a two lot residential subdivision. Preliminary plat approval for this minor subdivision was waived on September 15, 2006 based on four conditions. BACKGROUND: This is a residential subdivision that creates two sublots. The proposed sublots are located in a residential neighborhood with existing water and sewer services available. A. Applicant: C. M. Clark 508 Siblerud Lane Kalispell, Montana 59901 (406) 261-0028 Technical Assistance: Marquardt & Marquardt Surveying 285 1 st Avenue East North Kalispell, Montana 59901 (406) 755-6285 B. Location and Size: The property is located at 1342 Third Avenue East of the northwest corner of Third Avenue East and 14th Street East in Kalispell. The lot is approximately 7,110 square feet in size and the property contains a duplex currently under construction. The proposed subdivision would divide the duplex creating two approximately 3,555 square foot sublots intended for individual ownership. The property can be described as Lot 6, Block 251, Addition No. 7 to Kalispell located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Total area: 7,110 sq. ft. Sublot 1: 3,555 sq. ft. Sublot 2: 3,555 sq. ft. 1 C. Existing and Adjacent Land Uses: The property contains a duplex with a connecting carport and is currently under construction. The surrounding area is made up of single family residences, duplexes and multi -family apartment buildings. The Willows apartment complex is located on both sides of the street along Third Avenue East to the south. Commercial uses exist in close proximity to the area and increase further to the south along this urban collector. Jones Music store is located one block west of the property at the end of 14th Street East. Other commercial businesses in the general vicinity of the site include the Super 8 Motel, a building contractor's office, and the Western Building Center. D. Zoning: The property is zoned R-4, Two Family Residential. This zoning district has a minimum lot width requirement of 50 feet and a minimum lot size requirement of 6,000 square feet. The proposed lots do not meet this minimum lot size or lot width. However, the proposed lots are considered sublots. Further discussion on how the proposed sublots meet the zoning district requirement can be found under Findings of Fact, Section G, of this staff report. E. Relation to Growth Policy: The property is designated as and Urban Mixed Use Area in the Kalispell Growth Policy Future Land Use Map. The existing R-4 zoning is consistent with this use designation. F. Utilities: Water and Sewer: Electricity: Telephone: Gas: School: Police: Fire Protection: City of Kalispell Flathead Electric Coop Century Tel Northwest Energy School District #5, Kalispell City of Kalispell City of Kalispell REVIEW AND FINDINGS OF FACT This application has been reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: The area is anticipated to be at low risk from wildfire due to the urban location, distance of trees from the home and adequate access to the site. There is an existing fire hydrant located east of the property across Third Avenue East within the road right-of-way. There are no other apparent health or safety hazards near the subdivision. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not located in known big game habitat and the property is not considered suitable habitat for other significant wildlife. Local and migratory bird species and small mammals common to the area will not be affected by this action. 2 C. Effects on the Natural Environment: The site exists in an established urban mixed use area of Kalispell that is currently being developed. The site is nearly level and is not in or near a designated 100 year flood plain nor is it subject to slope failure, subsidence or severe erosion. The subdivision will be served by City of Kalispell water and sewer minimizing impacts to groundwater. Impacts to the natural environment are not expected to occur as a result of this subdivision. D. Effects on Local Services: Sewer and Water: The City of Kalispell will provide water and sewer service to the property. There are existing water and sewer mains directly accessible to the proposed lots. Access and Roads: The property in question exists at the corner of Third Avenue East and 14+h Street East. Access to the property is currently provided to the site from 14th Street East. An alley runs along the west side of the property. Fourteenth Street East is a city maintained street, however it lacks curb, gutters and sidewalks and is considered substandard. The street is paved with an approximately 30 foot driving surface. Third Avenue East, a city collector, is also paved and the majority of the road contains curbs and gutters. Although the impacts to roadways in the area will be minimal with the addition of two single family homes, the Planning Department has required the property owners to waive their right to protest the creation of a special improvement district for future upgrades. Sidewalks: The property does not currently contain sidewalks. However, sidewalks exist approximately 100 feet north of the property along Third Avenue East (both sides of the road) and are also present across the street to the south surrounding the Willows apartment complex, including a portion along 14th Street East. Additional sidewalks are planned to extend along Third Avenue East in front of a new multifamily dwelling unit and the new Western Building Center to 18+b Street East. To further improve sidewalk connectivity and safe pedestrian access in the area, installation of sidewalks is required for residential subdivisions. Therefore, approximately 100 feet of sidewalk will be required as a condition of approval along Third Avenue East. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is residential in nature and will have limited impacts on the enrollment of the school district. One school aged child may result from the addition of two single family homes. Parks: Parkland dedication is not required for minor subdivisions. 3 Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Solid waste pick-up is currently provided by the city. The refuse containers are stored in the alley towards the west end of the property. No significant increased impacts are anticipated as a result of the proposed expansion. Medical Services: Emergency medical service is provided by the Kalispell Regional Medical Center; Ambulance and Life Flight services are also available. E. Effects on Agriculture: This subdivision is in the urban area of Kalispell and the area has been developed to an urban density. This property has not been used for agricultural purposes in the past and future residential development will have no effect on agricultural activities in the Valley. F. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.08 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there are no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental wildlife and wildlife habitat and the public health and safety. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. G. Compliance with the Kalispell Zoning Ordinance: The property is zoned R- 4, Two Family Residential. This zoning district has a minimum lot width requirement of 50 feet and a minimum lot size requirement of 6,000 square feet. The proposed lots do not meet the minimum lots size or lot width under the R-4 zoning district. However, the proposed lots are considered sublots which are defined as a portion of a platted lot designated for separate ownership from other portions of the lot and used for townhouse or other construction that has separate ownership of parcels. Section 27.22.130 of the Kalispell Zoning Ordinance requires sublots to be within a recorded subdivision lot whose area is at least 6,000 square feet; the sublot must be 2,000 square feet or greater in size. The proposed sublots meet these requirements. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-07-01 as findings of fact for the proposed subdivision and approve the final plat. NCJ 5 2851 st AVE. E. N. KALISPELL, MONTANA 59901 (406) 755-6285 Fax (406) 755-3055 February 1, 2007 City of Kalispell Planning Department 17 Second St. East Suite 211 Kalispell, MT 59901 Re: Amended Lot 6, Block 251, Kalispell Addition No. 7 in Section 17, Township 28 North, Range 21 West, P.M., M., Flathead County, Montana. Enclosed is the Final Plat application for Amended Lot 6, Block 251, Kalispell Addition No. 7. Waiver of Preliminary Plat Approval was granted on September 15, 2006. The conditions of approval have been met as follows: That the final plat is in substantial compliance with the preliminary plat that was waived. The subdivision is in conformance with the preliminary plat waived except for the amended sidewalk condition. 2. 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 streets in the area to City standards. The note has been placed on the face of the final plat. 3. Sidewalks meeting Kalispell's Design and Construction Standards shall be installed along the property boundaries of both P Avenue East and 14th Street East. Design and Construction plans shall be reviewed by the Kalispell Public Works Department. Removal of any trees within the right-of-way because of the required sidewalk installation shall be approved by the Kalispell Parks and Recreation Department prior to removal. Any new trees required by the Parks and Recreation Department to be planted within the right-of-way shall be paid for by the property owner. On November 20th 2006 the City Council motioned and approved an amendment to this condition. The amendment made is to exempt sidewalks on 14th Street and add sidewalk on the east side of Lot 6 and on Lot 5 to the north. An SIA for the sidewalk has been included. Fred Zavodny and Frank Castles of the City of Kalispell Public Works Department verbally gave the estimate for the sidewalks. 4. This waiver of preliminary plat approval is valid for three years and will expire on September 15, 2009. The final plat is being submitted within the allotted time. If you have any question please do not hesitate to call our office. Sincerely, L ` �4" - J�YY� V - Debbie Shoemaker Marquardt & Marquardt Surveying, Inc. City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406)751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: -J WjLrj..� vim_ ` 173A d'!T1� ir, Imo_ JA� k e­10a % Contact Person: Address: Jgs Phone No.: M: 6985-, Owner & Mailing Address: �Cr. tYi. C.ye"Et k J�ttPrL&A vet Date of Preliminary Plat Approval: W C�' � u - <�p CA . �� r Type of Subdivision: Residential Industrial Commercial PUD Other _ Total Number of Lots in Subdivision_ Land in Project (acres) n . /-6 f Parkland (acres) Cash -in -Lieu $ Exempt �✓ No. of Lots by Type: Single Family Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family ff Other ) Legal Description of the Property{ p b 4�� 6c_k of f j K�1� -� �tO ; -% S 1-7 1 n R /� K 01 t. FILING FEE ATTACHED $ � b Q , 0 Minor Subdivision with approved preliminary plat $400 + $105/lot Major Subdivision with approved preliminary plat $650 + $105/lot Subdivisions with Waiver of Preliminary Plat $600 + $105/lot Subdivision Improvements Agreement $ SO Attached Not Applicable (MUST CHECK ONE) Health Department Certification (Original) Title .Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) _ Parkland Cash -in -Lieu (Check attached) _yam Maintenance Agreement Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be pres�-.Qn the property for routine monitoring and inspection during the approval and Owner(s) Signature ,ed that the County Clerk & Recorder requests that all subdivision accompanied with a digital copy. 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 pjl I Er"k-6-�-4 " City of Kalispell Planning Department 17 Second Street East, Suite 211 Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanuing.com September 15, 2006 Debbie Shoemaker Marquardt and Marquardt Surveying 285 1st Ave E.N. Kalispell, MT 59901 Re: Waiver of Preliminary Plat Approval - Lot 6, Block 251, Addition No. 7 to Kalispell Dear Debbie: This letter is in response to your request for waiver of preliminary plat for a two lot residential subdivision located on the northwest corner of the intersection of 3rd Avenue East and 14th Street East in Kalispell. The property contains approximately 7,110 square feet with a duplex currently under construction on the property. The proposed subdivision would divide the duplex creating two sublots each of which would be approximately 3,555 square feet. The property is zoned R-4, Two Family Residential, which has a minimum lot width of 50 feet and a minimum lot size of 6,000 square feet. The property can be described as Lot 6, Block 251, Addition No. 7 to Kalispell located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under Section 2.06 of the Kalispell Subdivision Regulations. Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural _ water users, local services or the natural environment. Due to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval subject to the following conditions: 1. That the final plat is in substantial compliance with the preliminary plat thatwas waived. Lot 6, Block 251, Addition No. 7 to Kalispell Pre -Plat Waiver September 15, 2006 Page 2 2. 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 streets in the area to City standards. 3. Sidewalks meeting Kalispell's Design and Construction Standards shall be installed along the property boundaries of both 3rd Avenue East and 14th Street East. Design and Construction plans shall be reviewed by the Kalispell Public Works Department. Removal of any trees within the right-of-way because of the required sidewalk installation shall be approved by the Kalispell Parks and Recreation Department prior to removal. Any new trees required by the Parks and Recreation Department to be planted within the right-of-way shall be paid for by the property owner. 4. This waiver of preliminary plat approval is valid for three years and will expire on September 15, 2009. Recent phone conversations with the owner indicate that he does not support condition 3 requiring the installation of sidewalks and possibly new street trees along either of both 3rd Avenue East and 14th Street East. The process for the owner to remove condition number 3, because it is part of the Kalispell Design and Construction Standards, would be to write a letter to the city council requesting waiver of condition #3 and state reasons why the condition is not appropriate. A copy of the letter should go to Jim Patrick, City Manager and to our office. The city would then schedule the issue at a workshop prior to the next regular city council meeting so the owner's concerns can be presented prior to council action. Workshops are typically held the Monday before the council meeting. Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please call Sean Conrad, Senior Planner, at this office. Sincerely, 1 Thomas R. Jentz Planning Director H:TMO\LETTERS\WAIVEPP\2006\LOT 6,BLK251 KALISPELL ADD 7.DOC Gabriel thanked the staff -and the Impact Fee Advisory Committee for their work on this issue. The motion carried unanimously upon roll call vote. G/4. REQUEST TO WAIVE CONDITION OF PRELIMINARY PLAT — BUTCH CLARK Larson moved that the condition of preliminary plat approval for a two -lot subdivision at 1342 3rd Avenue East be amended to state that sidewalks be exempted on 14th Street and a sidewalk be placed on the east side of Lot 6 and on Lot 5 to the north. The motion was seconded. Jentz gave a staff report. Mayor Kennedy applauded Clark's willingness to build a sidewalk in front of his neighbor's property, adding that a sidewalk on 14th Street would serve no purpose. Herron agreed. Gabriel said she's having a hard time agreeing to a condition that forces Clark to build a sidewalk in front of his neighbor's house. Gabriel offered a friendly amendment to the motion encouraging Clark to put in the sidewalk on Lot 5, but not requiring it. There was no second. Gabriel stated she wants it noted that even though she will support the motion, she is not comfortable with requiring a homeowner to put a sidewalk on his neighbor's property. Olson reminded everyone that the wisdom of the Council not to require sidewalks in instances such as this is the reason there are areas all over Kalispell without them. Kenyon commented he will support the motion because he looked at the property and there are no sidewalks on either 13th or 14th Streets until you reach 2nd Avenue. Atkinson remarked he is going to vote against the motion because the only way to get sidewalks is to order them a piece at a time. Larson argued that ordering the installation of sidewalks in that area will never happen. The motion carried upon vote with Gabriel, Hafferman, Herron, Kenyon, Kluesner, Larson, and Mayor Kennedy voting in favor, and Atkinson and Olson voting against. G/5. AWARD BID -- OLD SCHOOL STATION (SID 344) PHASE 3: WELL TREATMENT BUILDING Two bids were received for Phase 3 consisting of the water well equipment building. Swank Enterprises submitted a bid of $595,90Q.00, with Davidson Construction bidding $596,W0.00. Kalispell City Council Minutes Nov 20, 2006 Montana Department of ENVIRONMENTALQUAUTY Brian Schweitzer, Governor P.O. Box 200901 Helena, MT 59620-0901 (406) 444-2544 www.deq.mt.gov January 23, 2007 Marquardt & Marquardt Surveying Inc 285 1" Ave EN Kalispell MT 59901 Dear Sir or Madam: RE: Kalispell Addition No 7 Block 251 Lot 6 Amended Municipal Facilities Exclusion. EQ#07-2289 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), MCA}. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, a 4M44" Janet Skaarland Compliance Specialist Subdivision Section (406) 444-1801 — email jskaarland(a)mt.gov cc: City Engineer County Sanitarian file Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 768-5510 This Form is for Subdivisions & Condominiums Only TAX SEARCH FOR CERTIFICATE OF SURVEYS: BY; MARQUARDT FOR: CLARK DESCP: KAL ADD 7 AMD L6 BLK 251 (17-28-21) YEARS ASSESSOR # I hereby certify that there are no outstanding taxes on assessor numbers listed above, for the years indica number.eputr (seal) y Treasurer E4 2007 DATE 12/12/06 PURPOSE AMD. SUB. 0 assigned the skssor Subdivision Plat of AMENDED LOT 6, BLOCK 251 KALISPELL ADDITION NO. 7 SW 1/4, Section 17. T28N R21W, P.M., M. City of Kalispell, Flathead County, Montana , CO F A��SPC �C. d 5.5 9r 7ssg Lot 68 -E 616$ _ `I �5' V/IDE UTUff EASEMENT s. Lot 6A 0.07 Acre g us'6 EsL'Oc' a F 5 8 _/� ., Aa A'J5 of LEGEND B FOUND 5Ar REBAR WITH PLASTIC CAP MARKED 'SULUVAN 9095LS- 0 SET 5/e' BT 11 REBAR WITH PLASTIC CAP MARKED-MARQUARDT 7328S' IPPiI EEWSICALADDRESS APPROXIMATE UNDERGROUND I �IOCAIEGAS UNED) (NOT �j,S'j�e L L A CO !G 500V 6e CYO "C0.EET fOVRtEE� SCALE: I' . 2W n 0 b I ADE FOR EASEMENTS EEEECTMG T1I5 PPOCEP.TY AND T PURPORT TO SHOW AU -TENANT EASEMENTS. CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, GLACIER BANK, Beneficiaries as recorded October 31, 2005, Instrument No. 2005-304-09120, Flathead County, Montana, hereby consent to platting and dedication of land included in the plat of AMENDED LOT 6, BLOCK 251, KALISPELL ADDITION NO. 7. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this QO" day of _ j ✓t �� (k _n it , 2001 Glacier Ti STATE OF MONTANA ) ss. County of Flathead This instrument was acknowledged before me on , `-g Oki E,, 200-7, by gkrf. ��tQ<�. �cxz , � of Glacier Bank. Gus rq�so STACY GUSTAFSON NOTARY PUBLIC for the State of Montana i * Residing at Kalispell, Montana Notary Public for the State f t'-VAC, fxC�,- s�L� My Commission Expires Residing at t\ r 1c 9 or April 6, 2010 My Commission expires d\ o F F R R R s a F F F F D December 4th, 2006 Western Surety Company LICENSE AND PERMIT BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 14920287 That we, C.M. & Janet M. Clark g g ; R 0 F R y ; g g g F g 6 ofthe City of Kalispell State of Montana , as Principal, g F and WESTERN SURETY COMPANY, a corporation duly licensed to do surety business in the State of ' Montana , as Surety, are held and firmly bound unto the City of Kalispell , State of Montana , as Obligee, in the penal sum of Four Thousand and 00/100 DOLLARS ( $4, 000.00 lawful money of the United States, to be paid to the Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the Principal has been licensed Excavation License Bond by the Obligee. NOW THEREFORE, if the Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all amendments thereto, pertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full force and effect until December 4th 2007 , unless renewed by Continuation Certificate. This bond may be terminated at any time by the Surety upon sending notice in writing, by First Class U.S. Mail, to the Obligee and to the Principal at the address last known to the Surety, and at the expiration 090". of thiip ' Yays from the mailing of said notice, this bond shall ipso facto terminate and the Surety sh reYibn<.'!.��,lieved from any liability for any acts or omissions of the Principal subsequent to said dal e number of years this bond shall continue in force, the number of claims made a isnboiifthe number of premiums which shall be payable or paid, the Surety's total limit of AbAlty shall not b4_f&ulative from year to year or period to period, and in no event shall the Surety's total F li '' .yam aA)daA exceed the amount set forth above. Any revision of the bond amount shall not be g Us g ' y .➢s e. F F Dated this 4th day of December 2006 g g g F C pt M. Clark y g F F ' Principal ��s g g g Principal ; R F R Counter' ed( rer.e. WESTE SURET COMPANY y F R R y y R By ...�...-.,. By F w Reside t4kgent Paul T. Bruflat, S9011or Vice President d " Form 532.2-2006 F R R R R g R y y STATE OF SOUTH DAKOTA ss COUNTY OF MINNEHAHA ACKNOWLEDGMENT OF SURETY (Corporate Officer) On this 4th day of December 2006 , before me, the undersigned officer, personally appeared Paul T. Bruflat , who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY, a corporation, and that he as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. �ave hereunto set my hand and official seal. i S. PETRIK f NOTARY PUBLIC f $UWSOUTH DAKOTA ary Public - South Dakota` ---- -- �44b4b44b44hbbbbbbb4bb44 My Commission Expires August 11, 2010 STATE OF /h�„, K- 1 ss COUNTY OF "k4tnA-4-- On this day of�ad� C.,n. Lt-rK k known to me to be the individual _ described in and that _he _ executed the same. My commission expir s 3-a6 _ ',u� I' ACKNOWLEDGMENT OF PRINCIPAL (Individual or Partners) al. K E R * c ,..��••�i_ , before me personally appeared the forekti�ument and acknowledged to me 5; ••• ..••".�C``ti��/�IVotary Public OF ���� (/� ACKNOWLEDGMENT OF PRINCIPAL STATE OF t (Corporate Officer) SS COUNTY OF Aiiy� On this OO*day of , before me personally appeared who acknowledged himself/herself to be the of a corporation, and that he/she as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself/herselfas such officer, My commission expires H O U z a a Noy a w E a m z w a 0 9 M b w Notary Public E b a 0 ^d Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Morning, and the United States of America, does hereby make, constitute and appoint Paul T. Bruflat of Sioux Falls State of South Dakota , its regularly elected Senior Vice President as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: One L & P Bond, Signed - Excavation License Bond bond with bond number 14920287 for C.M. & Janet M. Clark as Principal in the penalty amount not to exceed: $ 4, 000. 00 Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duly adopted and now in force, to -wit: Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President with the corporate seal affixed this 4 th day of December 2006 ATTEST 6rZa� WEST /SU�jR�ET COMPANY By G-�— / . L. Nelson, Assistant Secretary Paul T. BruflatAenior Vice President STATE OF SOUTH DAKOTA I ss COUNTY OF MINNEHAHA On this 4th day of December 2006 before me, a Notary Public, personally appeared Paul T. Bruflat and L. Nelson who, being by me duly swom, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. }�bybgtiW4y44h4hh46oh44b4h } i D. KRELL s f�NOTARY PUBLICMgt,SOUTH DAKOTAa }4bti44444ti44aQeti4ahaay44M 00 eA"j I Notary Public My Commission Expires November 30, 2012 Jft Form F1975-9-2006 7.47 Guarantee — (CLTA Form) Rev. 6-6-92 GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. ISSUED BY Estewart. title guaranty company a corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set fDrth in Schedule A. Dated: January 8, 2007 t• Chairaan of the Board Countersigned: Authorized Countersignature Stewart Title of Flathead County, LLC 17 Main Street Kalispell, MT 59901 Fstewart We guaranty company President Isa8 o r�"z As�R Serial No. G-2222-26616 Page 1 of 3 - GUARANTEE—6/6/92 GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms - The following terms when used in this Guarantee mean: (a) "the Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date; 2. Exclusions from Coverage of this Guarantee - The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records. (c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (AxC) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) (1) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured; or (c) which do not result in the invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of assurances provided. 3. Notice of Claims to be Given by Assured Claimant - An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required, provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. No Duty to Defend or Prosecute - The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate - Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its option as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 6. 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 permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Options to Pay or Otherwise Settle Claims; Termination of Liability - In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. Serial No.G-2222-26616 Page 2 of 3 - GUARANTEE 6/6/92 The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such Purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of the indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its option under Paragraph 5, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To Pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5. 8. Determination and Extent of Liability — This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured shall not exceed the least of (a) the amount of liability stated in Schedule A; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as sated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 9. Limitation of Liability — (a) If the Company establishes the title or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Liability or Termination of Liability — All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to paragraph 5 shall reduce the amount of liability pro tanto. 11. Payment of Loss — (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been defmitely 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 provisions 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 aribitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Guarantee; Guarantee Entire Contract — (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. Notices, Where Sent — All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029. Serial No. G2222-26616 Page 3 of 3 - GUARANTEE 6/6/92 SUBDIVISION GUARANTEE Order No. STK-105031 Date of Guarantee: January 8, 2007 A. ASSURED: Marquardt Surveying B. ASSURANCES: 1. Description of the land: Guarantee No. G-2222-26616 Liability: $1,000.00 Lot 6 of Block 251 of Kalispell Townsite Company's Addition No. 7, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. 2. Name of Proposed Subdivision Plat: The above -described tract of land is to be known and designated as the Amended Lot 6, Block 271, Kalispell Addition No. 7 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: C. M. Clark Janet M. Clark Glacier Bank C. EXCEPTIONS: 1. General taxes and assessments for the year 2006 First half $847.10 PAID Second half: $847.05 DUE and will become delinquent after May 31, 2007 Assessor No.: 75-0448125 2. Easements, reservations, restrictions notes and dedications, as shown on the Amended Plat of Kalispell Townsite Company's Addition No. 7 to Kalispell, Montana, records of Flathead County, Montana. 3. Deed of Trust Grantor: Trustee: Beneficiary: Amount: Recorded: Instrument No.: C. M. Clark and Janet M. Clark Stewart Title of Kalispell Glacier Bank $311,590.00 October 31, 2005 2005-304-09120 4. Easements, reservations, restrictions notes and dedications, as shown on Certificate of Survey No. 17036, records of Flathead County, Montana. 5. County and/or City road rights -of -way not recorded and indexed as a conveyanceof 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 maps on file in the office of the Flathead County Clerk & Recorder's Office. 6. 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. 7. Easements, conditions, restrictions and notes as disclosed or to be disclosed on the unrecorded plat of the Subdivision Plat of Amended Lot 6, Block 251, Kalispell Addition No. 7. 8. No examination has been made herein for State U.C.C.'s and/or Federal Bankruptcy's and coverage is excluded herein. 9. Exceptions and reservations contained in Patents of record. 10. No search has been made for water rights or unpatented mining claims and liability thereon is excepted from this Certificate. 11. Any off record facts, encumbrances, easements or possessory claims a survey or inspection would disclose. 12. Rights of the United States of America to recover any public fund advanced under the provisions of the Hill Burton Act or various Federal statutes relating to health. 13. The above described property is located within and subject to the jurisdiction of the Kalispell City Fire District. THE END Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company and Stewart Title of Flathead County, LLC. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non -financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. �5 Lot 6 B w �= 0.09 Acre ti Lot 6A 0.07 Acre �n o L -C (G'' L� • S OF o 0 62 6�� BP IS f S-7 1 CP kp �51 0- Stew � kk1e 6vas to Ce m�a gsv3wIV00 TENTH S,�REE� 66 C,-V.� Fo�RT map• REPORT TO: FROM: [40:3) MEETING DATE: City of Kalispell Planning Department 17 - 2' Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kahspellplanning.com Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Final Plat for Spring Creek Estates Subdivision March 5, 2007 BACKGROUND: This is a request for final plat approval of Spring Creek Estates, a 174 lot residential subdivision comprised of single-family lots on approximately 51 acres located on the south side of Three Mile Drive. The property can be described as Assessor's Tract 4C in the N 1/2 of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Preliminary plat approval for this subdivision was granted by the City Council on May 2, 2005. Approximately 88 percent of the improvements have been completed which includes the water, sewer, storm water drainage and street sub base work. It should be noted that a Subdivision Improvements Agreement (SIA) has been submitted with the final plat to address the completion of the remaining improvements. A total of $553,012.94 was submitted to cover the cost of the SIA which addresses 125 percent of the remaining work to be completed. RECOMMENDATION: A motion to approve the final plat for Spring Creek Estates and to accept the Subdivision Improvement Agreement would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submi d, can Conrad Senior Planner Report compiled: February 26, 2007 G;Ies H. atrick City Manager Attachments: Letter of transmittal Final plat application and supporting documents