Staff Report/Final Plat Phase ITri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Final Plat for Northview Heights Phase I
MEETING DATE: December 16, 2002
BACKGROUND: This is a request for final plat approval of Northview Heights Phase I
which plats 22 lots on approximately 9.157 acres. The entire subdivision contains 82
residential lots on approximately 25.32 acres in northwest Kalispell. The property was
annexed into the city limits and the subdivision given preliminary plat approval by the
Kalispell City Council on June 3, 2000. The zoning on the property is R-3, an Urban
Residential zoning district that has a minimum lot width of 60 feet and a minimum lot size
requirement of 7,000 square feet. The district is intended primarily for single-family homes
as proposed. The property lies south of Meadowland Subdivision and west of Garland
Street on the north side of Three Mile Drive. This phase includes the extension of North
Riding Road from Meadowland to the north to Three Mile Drive to the south creating a
connected road system in the are that previously did not exists.
As required by the conditions of approval, at least two-thirds of the infrastructure for the
subdivision in this phase has been completed and constructed to City standards which
includes curb, gutter, sidewalks, street trees and underground utilities; and certified by a
licensed professional engineer. A subdivision improvements agreement has been
submitted for the remaining improvements along with a letter of credit in the amount of
125 percent of the costs of the remaining improvements. This generally includes the
paving, curbing, sidewalks and landscaping. A proportionate share of the cash -in -lieu of
parkland is being paid with this first phase in the amount of $7,341.52. based on the
area in lots.
The preliminary plat for this subdivision was approved by the Kalispell City Council on
June 3, 2000, subject to 16 conditions of approval. All of the conditions of approval have
been met or otherwise adequately addressed through the subdivision improvements
agreement.
RECOMMENDATION: A motion to approve the final plat for the Northview Heights
Phase I and to accept the subdivision improvements agreement would be in order.
FISCAL EFFECTS: Minor positive impacts once developed.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Final Plat for Northview Heights Phase I
December 11, 2002
Page 2
ALTERNATNES: As suggested by the city council.
Respectfully submitted,
Narda A. 'Oilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: December 11, 2002
Attachments: Letter of transmittal
Final plat application and supporting documents
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
December 11, 2002
Chris Kukulski, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Northview Heights Subdivision Phase I
Dear Chris:
Our office has received an application from TD & H for final plat approval of Northview
Heights Phase 1 which plats 22 residential lots on approximately 9.157 acres. This
phase of the subdivision lies near the northern portion of the site and extends North
Riding Road from the north creating a roadway connection between the Meadowland
Subdivision and Three Mile Drive. A proportionate share of the required cash in lieu
of parkland dedication was submitted with the final plat application in the amount of
$7,341.52. In accordance with the conditions of approval, approximately two-thirds of
the required infrastructure has been completed and a subdivision improvements
agreement has been submitted with a letter of credit in the amount of 125 percent of
the cost of the remaining improvements with the final plat application.
The property was annexed into the city and the subdivision given preliminary plat
approval by the Kalispell City Council on June 3, 2002 subject to 16 conditions. 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 WITH CONDITIONS OF APPROVAL
Condition No 1. Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plat which governs the location of lots and
roadways within the subdivision.
This condition has been met. The plat for phase I complies with the approved
preliminary plat with regard to the location of lots and roadways.
Condition No 2. That the roadways serving the subdivision shall be constructed in
accordance with the adopted Design and Construction Standards for the City of
Kalispell for local roads and include the pavement, curbs, gutters, storm drainage,
sidewalks and a minimum five foot landscape boulevard with street trees placed in
accordance with a plan approved by the parks and recreation director. A letter from
an engineer licensed in the State of Montana certifying that the improvements have
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Final Plat for Northview Heights Phase Ir
December 11, 2002
Page 2
been installed according to the required specifications shall be submitted at the time
of final plat approval along with a letter from the Kalispell Public Works Department
stating that the required improvements have been inspected and comply with the City
standards.
This condition has been adequately addressed. A portion of the roadways has been
completed including the grading and the sub -base for the road. The remaining
improvements are being addressed under a subdivision improvements agreement
that has been submitted along with a letter of credit covering the costs in the
amount of 125 percent of the cost of the improvements along with a letter from a
licensed engineer certifying the work and remaining costs.
Condition No 3. That the developer provide documentation that the necessary
easements have been obtained granting utility access to the subdivision across
privately owned property to the northeast of the site. An attempt should be made on
the part of the developer to acquire pedestrian access as well as utility access to
provide easy access to Sunset Park.
This condition has been met. A recorded easement has been submitted with the
final plat granting access for utilities to the subdivision across property to the
northeast. No other access was granted.
Condition No 4. That a letter be obtained from the Kalispell Public Works
Department approving the plans and specifications for water, sewer and drainage
facilities for the subdivision.
This condition has been met. A letter from the Kalispell Public Works Department
dated 9/ 17/02 approving the plans and specifications for this phase of the
subdivision has been submitted with the final plat.
Condition No S. A storm water drainage plan which has been designed by an
engineer licensed in the State of Montana shall be prepared which complies with the
City's Design and Construction Standards and shall be reviewed and approved by the
Kalispell Public Works Department.
• This condition has been met. A letter from the Kalispell Public Works Department
dated 9/ 17/02 approving the plans and specifications for this phase of the
subdivision has been submitted with the final plat.
Condition No 6. That the developer obtain a letter from the Flathead County Road
Department and the Montana Department of Transportation approving the
intersection of North Riding Lane and Three Mile Drive and certifying that any
necessary improvements have been made.
This condition has been adequately addressed. A letter from the Flathead County
Road Department approving the location and design of the approach has been
submitted with the remaining improvements associated with the paving being
Final Plat for Northview Heights Phase lr
December 11, 2002
Page 3
addressed with the subdivision improvements agreement.
Condition No 7. That the lots within the subdivision be reconfigured so that all lots
meet the minimum 60-foot lot width requirements of the R-3 zoning district and the
minimum lot size requirements of 7,000 square feet exclusive of any easements.
• This condition has been met. All of the lots in this phase of the subdivision have
been designed to meet the requirements of the R-3 zoning for the property.
Condition No S. The road within the subdivision shall be named and signed in
accordance with the policies of the Kalispell Public Works Department and the
— Undforrri-Tfaffic Control Devices Manual and be subject to review and approval of the
Kalispell Fire Department.
• - This condition has been adequately addressed. The signage is addressed under the
subdivision improvements agreement for the subdivision and will be installed upon
completion of the roads.
Condition No 9. The developer shall provide a letter from the U.S. Postal Service
approving the. plan. for mail.
• This condition has been met. A letter from the post office approving a location for a
cluster mailbox has been submitted with the final plat.
Condition No 10. Street lighting shall be located within the subdivision and shall be
shielded so that it does not intrude unnecessarily onto adjoining properties.
• This condition has been adequately addressed. The street lighting has been
addressed in the subdivision improvements agreement.
Condition No 11.- That the parkland dedication requirements shall be met by paying
cash -in -lieu of parkland dedication in the amount of one ninth of the area devoted to
lots or 16.514 acres, based on a value of $11,285 per acre in the amount of $20,500.
• This condition has been addressed. Cash in lieu of parkland dedication has been
submitted for this phase with the final plat in the amount of $7,341.52, the value
of one ninth of the area in lots.
Condition No 12. All utilities shall be installed underground.
• This condition has been met. The utilities have been installed underground and
certified with the subdivision improvements agreement.
Condition No 13. That the fire access and suppression system comply with the
Uniform Fire Code and a letter from the Kalispell Fire Department approving the
access and number and placement of fire hydrants within the subdivision as well as
fire flows and access shall be submitted with the final plat. The fire access and
Final Plat for Northview Heights Phase Ir
December 11, 2002
Page 4
suppression system shall be installed and approved by the fire department prior to
final plat approval.
• This condition has been met. A letter from the Kalispell Fire Marshal dated
11/19/02 approving the access and fire hydrant location has been submitted with
the final plat, The road has been constructed to a sub base condition and
adequate access can be provided and hydrants have been installed.
Condition No 14. That a minimum of two-thirds of the necessary infrastructure for
this subdivision shall be completed prior to final plat submittal.
• This condition has been met. A subdivision improvements agreement has been
submitted to address the remaining portion of the improvements to be completed.
Condition No 15. All areas disturbed during development of the subdivision shall be
re -vegetated with a weed -free mix immediately, after development.
• This condition has been adequately addressed. Revegetation will be completed
after construction and is addressed in the subdivision improvements agreement.
Condition No 16. That preliminary approval shall be valid for a period of three years
from the date of approval.
• This condition has been met. The. final plat for this subdivision has been
submitted prior to expiration and will extend the preliminary plat approval for
another three years from the date of the approval of Phase I.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved by the city council on June 3, 2002.
COMPLIANCE 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 can be found to be in compliance with the Kalispell Zoning Ordinance
and the R-3 , Urban Residential, zoning designation for the property which governs the
dimensional requirements of the lots within the subdivision and well as the uses.
Final Plat for Northview Heights Phase Ir
December 11, 2002
Page 5
RECOMMENDATION:
All of the conditions of preliminary plat approval have been met or otherwise
adequately addressed. Staff would recommend that the Kalispell City Council approve
the final plat for the first phase of the subdivision and accept the subdivision
improvements agreement as submitted. Please schedule this matter for the regular
city council meeting of December 16, 2002.
Sincerely,
Narda A. Wil on
Senior Planner
NW/
Attachments
1 opaque mylars of final plat
1 reproducible mylar of final plat
1 copy of final plat
Ltr from TD&H dated 11/22/02
-Final plat application dated 11/22/02 -- -
Ltr from Kalispell Public Works dated 9/ 17/02
Ltr from Kalispell Parks and Rec dated 9/24/02
Ltr from Flathead Co. Rd. Dept. dated 12 / 11 / 02
Approach permit from Co. Rd. Dept. dated 8/6/02
Ltr from Kalispell Fire Dept dated 11 / 19/02
Ltr from USPS dated 12/ 11 /02
Ltr from MDEQ EQ#03-1197 dated 8/8/02
Subdivision improvements agreement
Ltr of credit from Glacier Bank dated 11/22/02
Treasurers Certification dated 11/04/02
Title report dated 11 / 11 / 02
Consent to plat from Glacier Bank
Easement for utilities recorded 11/ 14/02
Cash in lieu of parkland check for $7341.52
Reduced plat
c: M. Fraser, TD&H, 690, N. Meridian Rd., Kalispell, MT 59901
Northview Heights, M & M Hensley, 690 N. Meridian Rd., Kalispell, MT
Theresa White, Kalispell City Clerk
Thomas, Dean & Hoskins, Inc. +I
TD&F.!;1-1F-N -
Engineering Consultants
t
1
Narda Wilson
Senior Planner (Kalispell)
Tri-City Planning Office
Ford Bldg., 17-2nd St. E., Ste. 211
Kalispell, MT 59901
Re: Northview Heights — Phase I
Dear Narda:
November 22, 2002
RECEIVED
NOV 2 279-
TRI-C[TY PLANNING OFFICE
Attached is the Final Plat and attachments for the above referenced project. Items included are:
- Application Form
- Review Fee — S 1,050
- Title Report
- Consent to Plat
---Certification Taxes Paid
- DEQ Approval
Conditions Letter and Attachments
Subdivision Improvements Agreement with Letter of Credit
- Plat Copies (mylars, blue lines & 11x17)
Please contact us if you have any questions or if you require additional information.
Sincerely,
THOMA , DEAN H
1
Douglas J auff nan
DJK: mw
K02-010-005
Encl: Referenced Above
JA2002=2-01OM2-010-005 Northview Hghts-Final Pla6word\Nov 122.02.Wilson.Final Plat.ltr.doe
690 North Meridian, Suite 101 - Kalispell, MT 59901 - (406) 752-5246 - FAX (406) 752-5230
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
FINAL PLAT APPLICATION
Project Name:, Bitterroot Heights Subdivision -Phase
Contact Person: Owner & Mailing Address:
Northview Heights, LLC and
Name: Mike Fraser - Thomas. Dean & Hoskins, Inc. Mark L. & Michelle Hensley
Address: 690 N. Meridian, Suite 101 690 N. Meridian, Suite 201
Kalispell MT 59901 Kalispell, MT 59901
Phone No.: (406) 752-5246 (406) 752-2881
Date of Preliminary Plat Approval: June 3. 2002 -Resolution 4709
Type of Subdivision: Residential X Industrial Commercial PUD Other
No. of Lots Proposed 22 Parkland (acres) NIA
Land in Project (ac.) 9.157 AC Cash -in -Lieu $ 7;341.52
Exempt �-
FILLING FEE ATTACHED $ J,050
Minor Subdivision with approved preliminary plat $300 + $25/lot
Major Subdivision with approved preliminary plat $500 + $25/lot
Subdivisions with Waiver of Preliminary Plat $450 + $25/lot
Subdivision Improvements Agreement $ 50
Not
Attached Applicable (MUST CHECK ONE)
X Health Department Certification (Original)
X Title Report (Original, not more than 90 days old)
X Tax Certification (Property taxes must be paid)l)
X Consent(s) to Plat (Originals and notarized)
X Subdivision Improvements Agreement (Attach collateral)
X Parkland Cash -in -Lieu (Check attached)
X Maintenance Agreement
X Plats: 1 opaque OR 2 Mylars
1 Mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
The plat must be signed by all owners of record, the surveyor and 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 Tri-City Planning Office, 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. Changesto 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 Tri-City
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 applications be accompanied with a digital copy.
Owner(s) Signatur 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:
I. 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
As approved by the TCPB on 12/ 19/01
Effective 1/ 1/02
2
CONDITIONS LETTER
1. See attached copy of Preliminary Plat (1 lxl7).
2. See attached Engineer's Certification.
3. See attached copy.
4. See attached correspondence dated September 17, 2002, from Frank Castles C.E.
5. See item 4.
6. See attached copy of Flathead County Road Dept.
7. All lots meet current Kalispell zoning requirements.
8. Road signage covered by Subdivision Improvement Agreement.
9. See attached correspondence from Eldon Marvel, USPS.
10. Street lighting covered Subdivision Improvement Agreement.
11. See attached check. Phase I — Portion.
12. All utilities are or will be installed underground. Outstanding construction items are covered
by the Subdivision Improvement Agreement.
13. See attached correspondence from City of Kalispell Fire Department.
14. See attached Subdivision Improvement Agreement.
15. Revegetation is covered by Subdivision Improvement Agreement.
16. NIA.
J:120021K02-4101K02-010-005 Northview Hghts-Final Plat%worftov14.02.conditions.letter.doc
! •
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
September 17, 2002
Thomas Dean & Hoskins, Inc.
Engineering Consultants
690 North Meridian, Suite 101
Kalispell, Montana 59901
Attention: Mark I Munsinger, P.E.
RE: Northview Heights, Phase I Subdivision
Kalispell, Montana
Dear Mark:
k02 -f710 -cb3
RECEIVED
THOMAS, DEAN & HOSKINS
SEP 19 2002
Job No.
The recently submitted revised plans for the referenced project have addressed the
concerns outlined in our project meeting of August 15, 2002. The construction plans
and supporting documents for the referenced project are hereby approved. Attached is
your copy of the letter of approval sent to the Flathead City -County Health Department.
We look forward to working with you on this project.
Respectfully,
�'J (Iz�-
Frank Castles
Civil Engineer
Attachment: As Stated
City of Kalispell Public Works Department
Post Office Box 1997- Kalispell. Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
September 17, 2002
Environmental Health Services
Flathead City -County Health Department
1035 First Avenue West
Kalispell, Montana 59901
Attention: Dick Montgomery, P.E.
RE: Northview Heights, Phase I Subdivision
Kalispell, Montana
Dear Dick,
This letter is to confirm that the City of Kalispell has reviewed and approved the plans
and specifications prepared by Thomas, Dean and Hoskins, Inc., for the referenced
project. The Kalispell water and sanitary sewer systems have adequate capacity to
serve the project.
Please feel free to call if you have any questions.
Respectfully,
go -
Frank Castles
Civil Engineer
=—,Mark Munsinger, P.E.
Thomais.=Dean;and-Hoskins, Inc.
City of Kalispell
Post Office Box 1997 - Kalispell. Montana 59903-1997 - Telephone, (406)758-7700 Fax(406)758-7758
September 24, 2002
Thomas, Dean and Hoskins
Attn: Mark J. Munsinger, P.E.
690 N. Meridian, Suite 101
Kalispell MT 59901
Re: Northview Heights Subdivision
Dear Mr. Munsinger:
RLtrs i ED
THOMAS, DEAN & S�S
SEP 2 t:, 2002
YVI
Job No. Va
am writing this letter in response to your request for help in developing a tree planting
plan for Northview Heights Subdivision. I have enclosed a copy of our tree list for
acceptable boulevard trees. Boulevards are 10' wide and all trees need to be planted a
minimum of 40' a part. Trees need to be 2 1/4" in diameter. Large shade trees such as
maple or lindens are the preferred trees.
hope this information is helpful. If I can be of further assistance, please do not
hesitate to call.
Micer, C.L.P.
LJIecParks , and Recreation
MB/Ims
enc: Parks and Recreation Tree List
Oj 0
Tree List
Norway Maple
Red Maple
Littleleaf Linden
Slack Walnut
American Linden
Horsechestnut
Washington Hawthorne
Columnar Norway Maple
Globe Norway Maple
Chrimson King Norway Maple
Redmond Linden
European Mountain Ash
English Hawthorne
Note: Assorted flowering crabs and ornamentals, as approved for small
locations, overhead obstructions, etc.
DEC-11-2002 14:45 ROAD 8 BRIDGE DEFT 406 758 5794 P.01
FLATHEAD - COUNTY
ROAD AND BRIDGE
DEPARTMENTS
No SWTH MAIN
KAL�SPELL. "T --59901
Pbow (406) MIT,,"
FMC (M 75"T94.
December 11, 2002
Narda Wilson
Tri-City Planning
17 2M St East, Suite 211
Kalispell, MT .59901
Re: Northview Heights Subdivision
Dear Narda:
We have reviewed the approach on Throe Mile Drive for 4orthview Heights Subdivision.
Construction is complete, all culverts are is place and it meets county specifications, with the
exception, that the paving has not been completed. Uue to the time of year. Thomas, Dean &
Hoskins has bonded for the paving improvements to be done this next spring,
Sincer
CharleFrE. Johnson
Superintendent
CEJ:pdv
TOTAL P.01
s. � RATHEM CDC1N1'Y PF T Fern~ 1 t trio .
■
i
(Insert Nature of Permit)
1. Naine of Applicannt or BUSiness: N6A-rgVrF4/ -0FrGµr'5 LLG Phone No. Z. Z- --2Re i
1_ P3ai1ing Address: ._690 /V 13L Q rA&, s7-E P 10 kA xsnL5cL- Mr s2101 ,
(include City, State and Zip Code)
3. Property Address of approach. _ NQT Ass2E6no��Q
4. Area Zoning Regulations: Yes _)L- No If yeS, Attach Regulations and Classifi
cations.
FRDO Representative Signature and Date:
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OFPrCe rWO&C," rA04,W 04*r 11#9,VP Lc
5. LEGAL:
Section I Zbwnship
Range f w
6 - For how long a period is the permit desired: PFRMANF/VT
7- Remarks:
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• Permittee may be required, as outlined in F'alicy fiooklet, to obtain bonding in both
names; (Flathead County Road Department "or" applicant) , for assurance of construction
repairs, also to pay necessary recording fees, if required.
Application Fee: Aso - Check No. Receipt No.
Name of Surety CORMYLy :
Type of Surety: No. Amt. S
9. Location must be flagged with address posted for pre -construction inspection.
10� Reseeu: All riot -of --way disturbed by the utilization of this approach must be
reseeded according to the speclficat ions of the Flathead Cmmty Weed Dept. Contact
DJee3 1koartment for area information and specifications.
11. AFERMP MEMO MUM Please see the attached sheets for requirements.
12. Read Dewtment is to be notified upon cornpletson of work for scheduling of Inspection.
��NS"IRUC'r'iUNS Catu�-RF•niING U�_ []F' THIS F�1
Applicant will complete this form and transmit it to the Flathead County Road Dept,
Mis application is for all approaches an or thru County right-of-way. When
applicant has signed both sides of application and application is arproved, a copy
will be made aira-ilabie to a=-Cg*XY
Isee reverse side).
FERM17 TEE ROAD DEPT. BOARD OF CQI►MSSIONER5
No ,y Frr- rs LL C z
1 ' t r , Autho
Ap icant Title
M.r c H AFL 1--.
Date
Representative
Chairman pate
Date Commissioner Date
Approve -Past Inspect Date Cosmaissioner Date
_ _ . - - - . - - . . U L
Subject to the following terms and conditions, the persit applied for upon the reverse side, hereof, is hereby granted;
TERM. This permit shall be .'A full force and in effect from the date hereof unt11 revoked as herein provided.
2. REVOCATION. This permit may be revoked by the County upon giving l0'days notice to Dermittee by ordinary mail, directed
to the address shown in the application hereto attached, but the County reserves the right to revoke this permit wltncut
giving said notice In the event Peral:tee breaks any of the conditions or terms set forth herein.
3. C 11ENCEMENT OF WDAK. No work shall be commenced -until Permittee notifies the County authorized representatives, as
listed on the front of this application, as :e the proposed commencement of work.
1. CMEES 11 HIGHWAY. If the County changes highway, necessitating changes it structure or lnstal:ations under this
permit, Permittee shall take necessary enanges without expense to County.
5. TRENCHING OR DAVERENT ALTERATIONS. Removal of pavement must be preceded by sawing the existing pavement around the
areas) to be removed. Replacement base ano subbase materials must be compacted to a minimum of 45t relative density.
Replacement of pavement lust be accompli9hed within five (5) days of pavement removal.
6. CUUNTY SAVED HARMLESS FIM CLAIMS. In accepting this permit, the Permittee, :is/his successors or assigns, agree to
protect the County and save it harmless from all claims, actions, or damage of any kind and description which may accrue
to, or be suffered by, any person, or persons, corporations, or property by reason of the perforeance of any such work,
character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of silo
hlghvay right-of-way, and In case of any suit or action brought against the County and arising out of, or by reason of, any
Of the above causes, the Permittee, its/nis successors or assigns, will, upon notice to it/him of the commencement of such
action, defend the same at its/his sole cost and expense and satisfy any Judgpent which say be rendered against the County
In any suit or action.
7. PROTECTION OF TRAFFIC. .,.Insofar as the interests of the County and the traveling public are concerned, all York
perforeed under this permit -shall be done under the Supervision of the County Road Department and its authorized
representatives, and he/they shall indicate the traffic control devices, the lighting thereof at night, placing of flagmen
ano watchmen, the acceptable manner in vhlch traffic is to be handled, and shall specify to Permittee how.road surface is
to be replaced if it is disturbed during operations, but said supervision shall In no way operate to relieve or discharge
Permittee from any of the obligations assumed by acceptance of this permit and especially those set forth under Section 6
hereof.
9. HICNAT DRAINAGE. If the work done under this permit Interferes in any way with the drainage of the County highway
affected, Permittee shall, at its/his ovn expense, make such provisions as the County may direct to take care of said
drainage.
f.. RUBBISH AND DEBRIS. Upon completion of work, conteiplated under tnis permit, all rubbish and debris shall be immediately
removed and roadway and roadside left in a neat and presentable condition satisfactory to the -County.
Ld. YNH TO BE SUPERVISED BY -COUNTY. All -work contemplated under this permit shall be done under the supervision of and to
;he satisfactooy of the authorized representative of the County, and the County hereby reserves the right to order the
change of locatlon or removal of any structure of installation autnorized by this permit at any time, said changes or
removal to be made at the.sole._expense of the Permittee.
I. COUNTY'S RIGHT NOI TO BE INTERFERED WITH. All such changes, reconstructing, and relocation _shall be done by Permittee
in such a manner as vlll cause the least interference with any of the County's work, and the County shall in no way be
liable for any damage to the Permittee by reason of any such Mork by the County, its agents, contractors, or
representatives, or by the exercise of any rights by the County upon the highways by the Installation or structures placed
under this permit-
2. RE1lf9VAL OF INSTALLATIONS OF STRUCTURES. Unless waived by the County, upon termination of this permit, :he Permittee
shall remove the installation or structures contemplated by this permit and restore the premises to the condition existing
at the time of entering upon the some under this permit, reasonable and ordinary wear and tear and damage by the eleRents,
or by circumstances over which the Permittee has no control, excepted.
1- 11AINTENAKE AT EXPENSE OF PEIBITTEE. Permittee shall maintain, at Its/his sole expense the installations and structures
for Which this permit is granted, in a condition satisfactory to the County.
COUNTY NOT EIAILE FOR DAl1AGE TO INSTALLATIONS. In accepting this permit the Permittee agrees that any damage or injury
dune to said installations at structures by a contractor working the County or by any County employee engaged
in construction, alteration, repair, maintenance, or improvement of the County right-of-way shall be at the sole expense
of the Permittee.
COUNTY TO BE REIMBURSED FOR REPAIRING ROADVAY. Upon being billed therefor, Permittee agrees to promptly reimburse the
County for any expense incurred in repairing surface of roadway due to settleAent at installation, of for any otyer damage
to roadway as a }result of the work performed under this permit.
Dated this 4 day of ". z
The undersigned, the 'PEEKITTEE' mentioned in the foregoing instrument, hereby ccepts this permit, togmer wits al: of
terms and conditions set forth therein.
[Penal}tee; /Hrcr;+�}c[ w, rRr�rER [Permi:tee; I�EiyBEF?
APPROACH PERMIT RE UIREMENTS
- ----y•�=,... it tnx. YvLLQWIIVG CQNDITIOfJS ARE MET:
1 .) All brush and trees are to be removed from the county road
right -Of -way on each side of the approach for a distance
of feet and a setback of €
� ^
imp
shoulder of the road. from the
(This will facilitate improved
roadway maintenance and safety.]
corrugated metal culvert having a minimum dfaereete�r o
IS Z81 inches be installed beneath the a t f1'2'
the culvert bottom (invert) be even with andoaththecsa�t as the ditch bottoat. (Tire culvert will provide adequategrade
drainage should water, accumulate In the ditch. j
The approach must have a 20 foot long Ianding graded
v away from the County road_ (See the attached sheet forperceAt
details.) (This will reduce the amount of gravel loss and
the possibility of drainage road.)or,From the approach oto the coun`�
4- A! I approaches auto a paved road shai I be
3 inches compacted by 24 feet wide and Promcvethe m+"j mum of
ved
she outside edge of the right-of-wa.. For addi tiortal road to
construction specifications and requirements see "Approach
Permit Attachment" (Appendix 131 _
All area within the county right-of-way disturbed during Co' strti:ct:oa must be reseeded :,r:rsyla 1; days. A four
layer of topsoil must be spread over all disturbed a,reascam
the right-of-way prior to reseeding. (See the attached sheet for detadetai ls.) (Reseeding will reduce the potential
for growth of noxious weeds adjacent to the county road as
well as the adjacent property.)
b- Contact the Road Department to schedule a pest corzstructlan
inspection.
SEEDING 1 IZX FOR WHITEFISH AREA, FLA Th27 O
COUNTY
Seeding W711 be drilled followi
�uedlatelp after final grading using thpe ow Mix
tours
seeding mix aad rates to be used are as fo11QWs The
SPECIES irs PLS/A�
Regar brc�e
hard fescue 3 -s
Intermediate Wheatgrass 3.0
Alslke clvrer .2.5
Ann oral r p e 2.5
grass 2 3
Kentucky bluegrass
2.0
Ladak affair _._----.---... _ _
Napier orchardgrass I _S
total unds I.0
PO per acre 20 S
Theis PLSfACREmeans pounds per acre of-pure,
fpure, UVe seed
that is certitied to be weed free_ The rates shown should be
doubled if seeds are broadcast, and scarlf
after-se�din- p 0. -3�g rs required
g to�ove�seeds `�'t� to _so�I to pre�entivss by
mod, wa ter and wildlife.
-- ----
* 7 R D* C k£ R M I T ! I A C R®
� �--
zIQEeA
-STRIP \ RADIUS
. . 53E 2§BOAC\ P LMIT
|
73,0#I4_ LANDING ALL UNDI»G STRIPS
STRIP FOR COUNTY TO SS mopsD 0-V3 £T
MAIN ROADS ' � TER TDOT AWAY FRS;
zIGB: Y FOR TRA I7AGI
23�0' Mom/ ��.
DIE3FGEEAR APPROACs�
.|-
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. 37RIP
APPR-oACH WIDTE
SE-Z'APPROAC3 P SIT
TYPICAL EEL-1VIO
USED E=|SLOPE FOR FILW OF 5 FEET OR LESS
FOR DRAINAGE
55 E PIPE AS S PECIEl20 IN APPROACH PERMIT
NCTE: WADE OF APPROACH 30T 71 EyVEEy IDS UNLESS TRAFFIC VOL!;-
AND COST !§DIEATE SUCH 79 \} lUSTMAW. VOLUME:
APPRDACHES TO 2£ CONSTRUCTED TO ZI? LOCAL COK ITIe®:
EVCH A MANNER AS TC MI*I9I3= TRAFFIC HAZARS D AFFOPO SAFE:
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Kalispell Fire/Ambulance Dept.
312 1 t Ave East - P.O. Box 1997 Telephone 406-758-7763
Kalispell, MT 59903 -1997 Fax 406-758-7952
November 19, 2002
Douglas J. Kauffman
T.D. & H.
690 North Meridian, Suite 101
Kalispell, MT 59901
Re: Northview Heights, Phase I — Final Plat
Dear Mr. Kauffman,
R ; c9UED
7H0MAS, UEAN & HOSKINS
Nov 2 o 2002
Tob No.
In response to your request for written approval of the above -referenced project we have the
following comments.
• Fire department access and fire hydrant locations for Phase I were approved by this
department during the review process.
I hope this information is useful. Please feel free to contact me if you have any questions.
Sincerely,
r" �'
L
Jim Stewart
Assistant Chief/Fire Marshal
Kalispell Fire Department
`Assisting The Community In Reducing And Preventing Emergencies"
1Dec • 1 l . 2002' 5: 5pM4e�6,5Eae�a5 r 5POS7ALSERVIC Na .990T P 2/3: �1
won
UNMED SreTFs
.06STeL SMVICE
.350 ROM IIEAIWAK MD,
KALt'SPULL Wr'59904M
December 11, 2002
Thomas, Dean and Hoskins, Ino.
690 North Meridian, Suite 101
Kalispell; MT 59901
{ RE: Northview Heights Subdivision
To Whom It May Concern:
The above -referenced project has been reviewed and a sWWLble location for mail
delivery has been established. Please see the attached proposed box site. We will be
installing five 16-unit CBiU's and a parcel locker. I will be sending you pictures of a"
turnout site in the Edgerton school area that works well for delivery and residents. Also
attached are speclfcations for the cement pad and information on cluster box un ts.
Sincerely,
Pennie Ulvila
Supervisor, Customer Services
PU:maa
Attachments
Dec-11. 2002 5:13PM
No-9903 P. 4/4
�4
I.,
- - - •-sOF,p"3✓.,�• �.Ta,::'�';��,;,;4�'{��;x',j:'"'�`;..>.:. 11���. ,, .�`+t:xc."_•.I.;.i�.._- � _�6�/ �t -
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f � [
t �,a' J,CC 4 '•� C ''r tic t' - c .v Ny, t i E....:r ^ ✓_
��� �F i -[A F_' ,C3- IC � f S.`r � _� G m� � ± Ir � t.. f•. ./ .�� I �' `_.
40
T�
�c
�Montana Department of T T•�+�
NvmoN EN+�+AL uAij . � Judy Martz, Governor
P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us
August S, 2002
Thomas Dean & Hoskins Inc
Mark J Munsinger PE
690 N Meridian Suite 101
Kalispell MT 59901
Dear Mr Munsinger:
RE: Northview Heights Subdivision
Municipal Facilities Exclusion
EQ#43-1197
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 76-4-124, 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 ar
disposal of sewage are proposed (76-4-111 (3), MCA) . Construction of water or sewer extensions prior to
approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4.
This file has been given to the Water Protection Bureau for their review.
Sincerely_
anet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 —email) skaarl and @state.mt.us
cc: City Engineer,
County Sanitarian
file
THk
AuG 15 2002
Centralized Services Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
2002, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the
First Part and hereinafter referred to as the CITY, and
Northview Heights LLC
(Natne of Developer)
a Limited Liability Corporation
(Individual, Company or Corporation)
located at 690 N. Meridian Suite 210, Kalispell, MT 59901 _
(Street Address/P. Q. Box) (City, County, State, Zip)
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 _ Northview Heights_P_ has_e 1
(Name of Subdivision)
Iocated at Northview Heights
(Location of Subdivision) - and,
WHEREAS, the City has conditioned it's approval of the final plat of
Northview Heights Phase I , upon the conditions as set forth
(Name of Subdivision)
in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in
"Exhibit A" have not been completed at this dMe, 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 saidimprovements 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
S 440,543.70
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision
by the City, the Developer hereby agrees as follows:
l . 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
$ 174,164.70 _ _ _. 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 $ 174,764.70
the estimated cast of completing the required improvements in
Northview Heights
(Name of Sui divWon)
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 October 31, 2004
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;
C. That a schedule of actual construction costs has been filed with the City;
and,
£ 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. 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.
_a5 LLB- .
(N,une of SubdivisioiVDeveloper/F'inn)
by
STATE OF MONTANA
COUNTY OFL�
On this f �J _ day of before me, a Notary Public
for the State of Montana, personally appeared{G known to
me to be the - P tTXIrx- of 4& VA:j%( WE6$i15 _ G whose
naive is subscribed to the foregoing instrument and acknowledged to me that helms executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my,;Nl this
day and year first above writt
Notary Public for the to of Montana
Residing at ;-1 Pe
My Commission Expires . 7. < f . mat
MAYOR, CITY OF KALISPELL
NOTARY
SEAL
ATTEST: 'I„�,"m
MAYOR FINANCE DIRECTOR
EXHIBIT B
This agreement specifically includes the following improvements, their projected
construction completion date and estimated construction costs.
IMPROVEMENTS
Water System
Sewer System
Storm Drainage
Utilities
FEC
NEW
CTL
TrenchingNaults
Street Improvements
Excavation
Subbase
Base Course
Asphaltic -- -
Concrete 4"
Asphaltic
Concrete 2"
Concrete Curbs
& Gutter
Sidewalk
Plantings
ESTIMATED
CONSTRUCTION
STATUS COSTS
Complete ---
Complete ---
44.4% $9,676.45
Complete
Complete
Complete
41.5%
Complete
48.1 %
43.3%
64.9%-- --
49.3%
25%
23.7%
0%
Total
Total Financial Security (125% of cost of
completion)
$10, 647.00
$17,689,00
$4,131.91
$18,288.00
$6,809.00
$21,988.00
$44,348.00
$6,234.40
$139,811.76
$174,764.70
EXHIBIT C
CERTIFICATE OF ENGINEER
I, Michael W. Fraser, -a Licensed Professional Engineer in the State of Montana, acting on behalf of
Thomas, Dean & Hoskins, Inc., do hereby certify:
Estimated costs in Exhibit B attached hereto are true and accurate;
Work completed has been completed in accordance with the approved plans and specifications, standards
of the City of Kalispell and the State of Montana.
Done this 1 day AWE "W' of, 2002.
_'1 n
Michael M., aser, 82� j
Certificate of Not
State of Montana
County of Flathead
On this day of _ Jk-�f 'i . � 2002, before me the undersigned, a Notary Public for the State
of Montana, personally appeared K)• f 56-- , known to me to be the person whose
name is subscribed to the forgoing instrument and acknowledged to me that he ex cut Je a ame.
���fi LLL
;4A�°Notary blic f the State of���
Residing at
G 4Z 1
OT YMy Commission Expires on -1.11. 2C0j-
►SEA r
T�t' 7-4-L-
C
:S'.8.5G
NORTHVIEW HEIGHTS LLC
2020
PH. 406-752-2881
690 N MERIDIAN STE 210
KALISPELL, MT 69901
/'j:FZ--2 -d,-, 93-708=929
PAY TO THE
5A1
ORDER OFY
/
DOLLARS
A&GLACIER_
I` BANK
µp6)
1: 29 29 708 2 51: 0 L0 1698 20110
2020
vr. .
`- GLACIER
.,BANK
IRREVOCABLE STANDBY LETTER OF CREDIT
City of Kalispell Letter of Credit No. 1-02-198
Date: November 22, 2002
Expiration Date: December 31, 2004
Amount: $174,764.70
We hereby establish in your favor an irrevocable letter of credit up to the
aggregate amount of One Hundred Seventy Four Thousand Seven Hundred
Sixty Four and 70/100 U.S. Dollars ($174,764.70) at the request of Northview
Heights, LLC.
If Northview Heights, LLC fails to complete the specified improvements in the
Northview Heights Subdivision 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.
All drafts must be presented prior to the expiration date stated above, and this
letter of credit must accompany the final draft for payment.
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 stated, this Letter of Credit is subject to the Uniform Customs
and Practices for Commercial Documentary Credit (1983 Revision) International
Chamber of Commerce.
l�
r 3
Dennis Beams
Senior Vice President
DSB/sks
No QJM:,WVw.glacierbank.com T email: glacier@glacierbank.com
MEMBER FDIC AN EQUAL OPPORTUNITY LENDER
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758--5510
This Form is for Subdivisions & Condominiums Only
BY: TD * H
f=0R: IV6e-f-hL/I #,e4�kft LLe DATE rr/-V/,Ja
✓Yl a.rle L . r /) 7 , .Az Ile 1494 S I91
1)ESC1": f`f D r to ✓, �c1 (4� PURPOSE .
PA. X
l-a8-a2-
�
YEARS ASSI=SSOR t�
1993 THRU _ ��o--_
Og(o 4I'A0
& To I)ATF
hereby certiFy that there are no outstandincl taxes (M [Ile plro (c rty
assigned the assessor numbers listed abrev ., for [lie years imlicated for
(_ach assessor nurnber. d' -,,
1)vj) ty I-reasV,r
(seal)
O0t, 6 1 A 0 N
CONSENT TO PLATTING
Pursuant to Section 76-3-612, Montana Code Annotated, 1979, the Undersigned, acting on behalf of
Glacier Bank, being an owner of interest in the property to be subdivided as:
NORTHVIEW HEIGHTS SUBDIVISION
Do hereby consent to the platting of said subdivision.
Glacier Bank
f
t ent
CERTIFICATE OF NOTARY
State of mo-V'4 'mo. )
County of 'S; Q-aAS j ) ss:
On this i $ day of NW1Lr '0%Xo , 2002, before me the undersigned, a Notary Public for
the State of Montana , personally appeared STf P#IJu LI', V1*-0 W11jea
Known to me to be the person whose name is affixed to the Consent to Platting and acknowledged to me
that they executed the same.
M. �.�.
Notary Public for the State of
Residing at
My Commission Expires At4 ras. 8, 2003
2002318/
EASEMENT
THIS EASEIV1ENT AND INDENTURE, made this S day of (� � , 2002, by and
Q between Thomas L. -Jones, Shirley A. Jones and Richard L. Jones, Sr., hereinafter referred to as
Q "GRANTORS", and Northview Heights, LLC, its assigns and successors forever, hereinafter referred to
r as "GRANTEE".
lei WITNESSETH:
l� That for receipt of valuable considerations, the sufficiency of which is hereby acknowledged, the
GRANTORS do hereby grant, transfer and convey unto the GRANTEE a perpetual easement for the sole
purpose of installation of water mains, sewer mains, electrical lines, gas lines, cable television lines or
other necessary utilities to serve a proposed subdivision, and.ingress and egress for the maintenance and
repair of said mains and lines, across the real property owned by the GRANTORS for the benefit of the
GRANTEE. Said easement is more particularly described:
The north 25 feet of the west half of the west half of the Southwest Quarter of the Southeast
quarter (W1/2 W1/2 SW1/4 SE1/4) of Section one (1), Township Twenty-eight (28) North, Range
Twenty-two (22) West. Montana Principal Meridian, in Montana.
Further said easement is granted with the following conditions:
1. The Grantee shall not assess any fees or costs to the Grantor, or assignees for future
connections or use of the utilities installed in the easement.
2. Access to the easement shall be limited access for maintenance and repair of the utilities and
no other. No roads or paths shall be constructed on or over the easement.
3. Consideration for the easement shall be $8500.
The Easement hereby granted is an easement appurtenant and is intended to serve the
GRANTEE, its successors and assigns.
IN WITNESS WHEREOF, the GRANTORS have hereunto set their hands the day and year first
above written.
Tl�omas LeRoy Jone
Zd,& 4 I.. G,a_
Shirley Ann ones
1 I.;;- __14.1__�
Richard 1.I Jones, Sr.
A. otgr av
16
CERTIFICATE OF NOTARY
State of Montana
County of Flathead } ss.
On this `day of ��, 20 oZ before me the undersigned, a Notary Public�foe State of
Montana personally appeare , Thomas LeRoy Jones Shirley Ann Jones and Richardi"Jones, Sr.
known to me to be the person(s) whose names) are subscribed to the foregoing instrument and
acknowledged to me that they executed the same.
tiNHt Itll r
Notary Public for th State o ontana
Residing at Kalispel , Montana
Zy My Commission Expires on '?
l�0
SEA -
...........•^1'�`•
F OF MO
STATE OF MONTANA,
S5
County of Flathead
Recorde at the request of: L � -r— I !
this day of 20 at o'clock
the records of Flathead County, State of Montana.
Fee $ Pd.
(Fl thead County Clerk and
RECEPTION NO. � � �Z 56
RETURN TO
./u,
N
and recorded in
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GUARANTEE
S� AMERI�
Firs t Am crican Title Insurance Company
BY
H3 2 9 ' 6 6 Form No. 1282 (Fier 12I15196)
FILE NO.: CT-72554
CT-72554
H 329566
FEE: $125.00
SUBDIVISION OR PROPOSED SUBDIVISION: Northview Heights Subdivision - Phase 1
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART
OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION,
HEREIN CALLED THE COMPANY GUARANTEES:
Thomas, Dean & Hoskins, Inc. Engineering Consultants
FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00.
THAT according to those public records which, under the recording laws of the
State of Montana, impart constructive notice of matters affecting the title to
the lands described as follows:
A tract of land located in the Southeast Quarter of the Southwest Quarter of
Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana,
being more particularly described as follows.
Commencing at the Northeast corner of Tract 1 of Certificate of Survey No.
11421, records of Flathead County and the Point of Beginning; thence
North 82'43'30" West along the North boundary of said tract, a distance of
571.30 feet to the Northwest corner of said tract; thence
South 04'16'13" West along the West boundary of said tract, a distance of
625.73 feet to the Southwest corner of said tract, said corner being on the
North right-of-way of a State Highway known as Three Mile Drive; thence
South 89°34'12" West along said right-of-way, a distance of 60.08 feet;
thence leaving said right-of-way
North 04°16'13" East a distance of 323.47 feet; thence
North 04'14'52" East a distance of 313.02 feet; thence
North 15'23145" East a distance of 637.33 feet to a point on the South
boundary of the Plat of Meadowland - Unit No. 2, records of Flathead
County; thence
South 89'54'30" East along said boundary, a distance of 462.21 feet to the
Northwest corner of Tract 1 of Certificate of Survey No. 9693, records of
Flathead County; thence
South 00'26'12" West along the West boundary of said tract a distance of
696.38 feet to the Point of Beginning.
THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS:
Northview Heights Subdivision - Phase 1
Continued...
FILE NO.: CT-72554
PAGE 2
H 329554
(1) Parties having record title interest in said lands whose signatures are
necessary under the requirements of Flathead County Subdivision Regulations
on the certificates consenting to the recordation of Plats and offering for
dedication any streets, roads, avenues and other easements offered for
dedication dedication by said Plat are:
Northview Heights, LLC and Mark L. Hensley and Michelle Hensley
AND
Glacier Bank.
(2) Parties holding liens or encumbrances on the title to said lands are:
1. General and special city and county taxes for the year 2002, a lien now
payable.
NOTE: We are unable to determine the exact status of taxes until such time as
the Flathead County Treasurer's Office has processed the latest tax payments.
NOTE: General and special county and city taxes for the year 2001 and all
prior years have been paid in full.
2. Deed of Trust dated September 9, 2002, to secure an indebtedness in the
principal sum of
AMOUNT : $403,356.00, and any other amounts and/or obligations secured
thereby.
RECORDED : September 19, 2002, as Doc. No. 2002-262-11020,
records of Flathead County, Montana.
GRANTOR : Northview Heights LLC
TRUSTEE : Citizen's Title and Escrow Co. Inc.
BENEFICIARY: Glacier Bank
AFFECTS : Premises and other property
2. Any loss or claim resuting by virtue of the fact that two of the vestees
herein did not execute the Deed of Trust shown as No. 2 above.
(3) Easements, claims of easements and restrictions agreement of record are:
1. Easement for ingress and egress, the installation of any utilities, utility
lines, pipelines, or other means of transporting or conducting utilities, just
as if the easement were a public way, granted to Robert S. Keller and Susan B.
Keller, recorded November 20, 1969, in Book 509, Page 722, as Doc. No. 7841
and the effects of easement recorded June 29, 1993, as Doc. No. 93-180-12040,
records of Flathead County, Montana.
Continued...
:10
FILE NO.: CT-72554
PAGE 3
H 329554
2. Easement for an existing Gravel Road on Certificate of Survey No. 11421,
records of Flathead County, Montana.
3. Terms and conditions of Resolution No. 4690 regarding zoning, recorded
April 3, 2002, as Doc. No. 2002-093-10450, records of Flathead County, Montana.
4. Utility easement as depicted on the unrecorded Plat of Northview Heights
Subdivision -- Phase 1.
5. The effects of Certificate of Public Works Director contained on the
unrecorded Plat of Northview Heights Subdivision - Phase 1.
6. County road rights -of -way not recorded and indexed as a conveyance in the
office of the Clerk and Recorder pursuant to title 70, chapter 21, M.C.A.
7. The above described property is located within and subject to the
jurisdiction of the West Valley District.
DATED: November 1, 2002 at 8:00 A.M.
STATE OF MONTANA, COUNTY OF Flathead
On this 11th day of November, 200 , before me, a notary public in and for
said State, personally appeared
JQI1 1
instument, and acknowledged to me that � > W executed the same
subs cribe4l••;�hd?',`Ca•, before me this day of/ 2002. vVZI?r�"
Notary Public fo St&e of t
Residing at A 4. r
3 �hr I i `�.�. My Commission fires
............
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THE END
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