Staff Report/Final Plat, Amended Plat of Lot 2City of Kalispell
Planning Department
17 - 2'd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalipellplanning.com
REPORT TO: Kalispell Mayor and City Council
FROM: Nicole C. Johnson, Planner II
James H. Patrick, City Manager
SUBJECT: Final Plat Approval for the Amended Plat of Lot 2, Westbrook
Subdivision
MEETING DATE: June 4, 2007
BACKGROUND: Our office received an application for final plat approval from
Jackola Engineering on behalf of Genesis Developments, LLC for a two lot commercial
subdivision on the northwest comer of US Highway 2 West and North Meridian Road.
The site is approximately 4.158 acres in size and contains Westbrook Square, a
commercial retail center, and Exxon gas station. China Town Restaurant and the
Sears appliance shop are other examples of businesses located there. The property
can be legally described as Lot 2 of the Westbrook Subdivision located in the East 1/2
of the South East 1/4 of Section 12, Township 28 North, Range 22 West, PMM,
Flathead County, Montana.
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 April 24, 2007 attaching five conditions of approval -
The property contains two existing, partially attached, buildings and the owner intends
to sell one or both of the lots. The property is zoned B-2, General Business, which is
intended to provide for retail sales and service functions and the existing businesses are
permitted uses pursuant to section 27.14.020 of the Kalispell Zoning Ordinance.
However, due to the location of the proposed property line and its proximity to the two
partially attached buildings, modifications to the structures are necessary to meet fire
safety standards and comply with building codes. A minor deviation from the B-2,
General Business, zoning district setback requirements is also part of the request for
this final plat approval and is discussed in the attached Staff Report #KWP-07-02. In
essence, staff felt that because the existing buildings currently meet fire and building
codes and merely the addition of a property line would create a noncompliance
situation, the deviation was thought to be minor and acceptable, provided that building
and fire code issues were addressed. The applicant has addressed these issues,
coordinated with the appropriate city departments and has adequately bonded for the
improvements via a Subdivision Improvement Agreement (SIA).
Page 2
The following modifications to the buildings and site are proposed and bonded for:
• the fagade between the two buildings will be removed,
• a one -hour fire wall will be installed between the two buildings and
• the e3dsting detached sign located along the southern property boundary will
be removed and relocated on Lot A to ensure only one commercial sign is on
each new lot.
The proposed subdivision substantially complies with the standards for the B-2
zoning district given that the conditions outlined above are met.
Findings of fact for approval of the subdivision can be found in attached staff report
KWP-07-02 which reviews the project and details how the conditions of approval have
been met.
RECONMIENDATION: A motion to adopt the findings of fact in the staff report
KWP-07-02, approve the resolution to create the two lot subdivision, and accept the
SIA would be in order.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
(:)4�Jam�esH7Pa
Nicole C. Johnson
Planner 11 City Manager
Report compiled: May 30, 2007
c: Theresa White, Kalispell City Clerk
attachments: Transmittal letter and application
Staff report KWP-07-02
2
RESOLUTION NO. 5209
A RESOLUTION APPROVING THE FINAL PLAT AND SUBDIVISION IMPROVEMENT
AGREEMENT OF THE AMENDED PLAT OF LOT 2 OF THE WESTBROOK SUBDIVISION,
LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP
28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Genesis Developments, LLC, 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 April 24, 2007, by the
Kalispell Planning Department according to Section 2.06 of the Kalispell Subdivision
Regulations subject to five (5) 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-07-2) 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 1. That the Findings of Fact contained in Kalispell Planning Department Report #KWP-
07-2 are hereby adopted as the Findings of Fact of the City Council.
SECTION H. That the application of Genesis Developments, LLC for final plat approval of the
Amended Plat of Lot 2 of the Westbrook Subdivision in Section 12, Flathead
County, Montana, is hereby approved.
SECTION IH. That the subdivision improvement agreement between the City of Kalispell and
Genesis Developments, LLC 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 4TH DAY OF JUNE, 2007,
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 7th day of May 20 07 , by and
between the CITY COUNCEL, CTrY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the C]TY, and
Genesis Develotmients. LLC
(Name of Developer)
a _ CoMany
(individual, Company or Corporation)
located at P.O. Box 458, Somers, MT 59932
(Street Address/P. 0. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH-
THAT V*9UREAS, the Developer is the owner and developer of a new subdivision known as
Amended Plat of Lot 2 of Westbrook Subdivision
(Name of Subdivision)
located at Kali§pell, Montana
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of Amended Plat of Lot 2 of
Westbrook Subdivision , 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 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 surn of $ 29 �91 1.68
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 detern-fined by the City Council, in the amount of $ 37,389.60 . 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 $ 37,389.60 — the estimated cost of
completing the required improvements in Amended Plat of Lot 2 of Westbrook
Subdivision —.
(Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within the required period, the
creditor will pay to the City immediately, and without further action, such finds 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 _501pMber 1. 20 07
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 wan -ants 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 ]mows 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. 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.
STATE OF MONTANA
COUNTY OF Hdff4-4
On this 4L day of Aa-e , 20AD � , before me, a Notary Public for the
State of Montana, personally appeared �Z'� kkr-p— , known to me to be
the 661r- pwnrl�j� of Gc"onLs IL�MIM4 4.� whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the same.
t. rt
IN WrINESS WHEREOF, I have hereunto X-��Y'hand ";&Nkxed my Notarial Sea] this day and
above
Regiding at 7k-.i
My Commission
MAYOR, CITY OF KALISPELL
MAYOR
A,
son
F
ATTEST:
CITY CLERK
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction completion
date and estimated construction costs.
CHECK
CONSTRUCTION
ESTIMATED PERCENTAGE
APPROPRIATE
COMPLETION
CONSTRUCTION COMPLETE
IMPROVEMENTS
DATE
COSTS
Street Grading/Paving
n/a
-
Street Base
n/a
-
Sidewalks
n/a
-
Curbs and Gutters
n1a
-
Sanitary Sewer
n/a
-
Mains
Other (Manholes/Service
n1a
-
On -Site Sewage
n/a
-
Facilities
Water System
n/a
-
Mains
Other
n/a
-
k
On -Site Water Supply
n/a
-
Water Storage Tanks
n/a
Fire Hydrants
n/a
Storm Sewer or
R/a
-
"�Ss
Drainage Facilities
- I ID
s
Street Signs
n1a
-
Street Lighting
n/a
-
Street Monuments
R/a
-
Survey Monument Boxes
n1a
-
Landscaping/Boulevard trees
n/a
-
(includes Common Areas)
Other (See Below)
X
I hr. fire wall construction
X
9/l/2007
$18,223.68 0%
Remove fai;ade between buildings X
9/l/2007
$8,188 00/0
Relocated sign for Lot A
X
911/2007
$3,500 0%
SUBTOTAL $ 29�911.68
FEES $ NYA
TOTALS COSTS S 29,911.68
TOTAL COLLATERAL (TOTALS COSTS X 125%) $ 37,389.60
IRREVOCABLE STANDBY LETTER OF CREDrF
ISSUER: WHITEFISH CREDIT UNION
PO BOX 37
WHITEFISH, NIT 59937
Date of Issue:05-24-2007 letter of Credit Number:
Amount: U.S. $ 40,000.00
FORTY THOUSAND AND NOIIDO U.S. DOLLARS)
For Benefit Of: For Account Of:
Beneficiary Nanie and Address Applicant Name and Address
THE CITY OF KALISPELL GENESIS DEVELOPMENT, LIC
KALISPELL, MONTANA PO BOX 418
SOMERS, NIT 59932-0418
LETTER OF CREDIT. Issuer establishes this In -evocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the
amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is
greater than one) together with the documents described below. Each Draft sMI be signed on behalf of Beneficiary and be marked
"Drawn under [Issuer name] Letter of Credit No. [Letter of Credit number] dated [Letter of 0rdt date]. " Drafts must be prescrited at
Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under
this Letter of Credit by the amount of the Draft.
This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any
reference in Us Letter of Credit, or any document to which this Letter of Credit may be related.
This Letter of Credit expires on the Expiration Date.
DRAWINGS.
110 Partial drawings shall not be permitted under this Letter of Credit.
0 Partial drawings are pennitted. The maximum number of drawings that may be made is
DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated:
IM The original Letter of Credit, together with any amendments,
0 A sight draft drawn by Beneficiary on Issuer.
0 A signed statement by Beneficiary including the following statement:
0 Other documents:
Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from
any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to
verify the identify or authority of the person presetting the draft and such docurrientation.
SPECIAL
EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at MIDNIGHT (Time)
on.1 1-01-2007 (Date). Issuer agrees to honor all Drafts presented in
strict compliance with the provisions of this Letter of Credit on or before the Expiration Date.
0 If Beneficiary has not drawn the full amount of this Letter of Credit prior to the Expiration Date, the Expiration Date shall be
extended for a period of days from the Expiration Date, unless Issuer notifies Beneficiary in writing at least
days prior to the Expiration Date that Issuer elects not to extend this Letter of Credit. hi any event, this Letter
of Credit shall expire on without arry notice from Issuer to Beneficiary.
Emj5E�W 02001 Bankm Symms, mc., St. ClmA, MN F� LC -STANDBY 1115/2002 [page I of 2)
TRANSFERABILITY. This LeMr of Credit is 0 transferable IM non -transferable
APPLICABLE LAW. This Letter of Credit shall be governed by:
IN the Uniform Customs and Practice for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication
No. 500 (UCP), or any later version or amendment.
0 the international Standby Practices 1998 (ISP98).
This Letter of Credit shall also be governed by the laws of MONTANA the United States of
America, so long as such laws are riot inconsistent with the UCP or ISP, as applicable.
WHITEFISH CREDIT UNION
(Issuer Name)
By
f (Date)
DOUG JOHNSON, COMMERCIAL LOAN OFFICER
(Sigwr Narr& aW Tide)
f5CJ� @2001 Bankers Symms, M., St. Ck,W, RAN Form LC�STANDSY 10512002 1page 2 of 2)
City of Kalispell
Planning Department
17-2 "d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: katispellplanning.com
May 30, 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 2, Westbrook Subdivision
Dear Mr. Patrick:
Our office received an application for final plat
behalf of Genesis Developments, LLC for a t,
northwest comer of US Highway 2 West an(
approximately 4.158 acres in size and contains
center, and Exxon gas station. China Town Re
are other examples of businesses located t
described as Lot 2 of the Westbrook Subdivisi
approval from Jackola Engineering on
to lot commercial subdivision on the
North Meridian Road. The site is
Westbrook Square, a commercial retail
,taurant and the Sears appliance shop
Lere. The property can be legally
)n located in the East 1/2 of the South
East 1/4 of Section 12, Township 28 North, Range 22 West, PMM, Flathead County,
Montana.
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 April 24, 2007 attaching five 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.
Me property contains two existing, partially attached, buildings and the owner
intends to sell one or both of the lots. The property is zoned B-2, General Business,
which is intended to provide for retail sales and service functions and the existing
businesses are permitted uses pursuant to section 27.14.020 of the Kalispell Zoning
Ordinance. However, due to the location of the proposed property line and its
proximity to the two partially attached buildings, modifications to the structures are
necessary to meet fire safety standards and comply with building codes. A minor
deviation from the B-2, General Business zoning district, setback requirements is also
part of the request for this final plat approval and is discussed in the attached Staff
Report #KWP-07-02. In essence, because the two existing buildings, constructed 10
or 12 years ago, are currently in compliance with building and fire codes and merely
the addition of a property line would create a noncompliance situation, staff thought
the variance was minor and acceptable, provided that building and fire code issues
were addressed. The applicant has addressed these issues, coordinated with the
appropriate city departments and has adequately bonded for the improvements via a
Subdivision Improvement Agreement (SIA).
7he following modifications to the buildings and site are proposed and bonded for:
• the faVade between the two buildings will be removed,
• a one -hour fire wall will be installed between the two buildings and
• the existing detached sign located along the southern property boundary win
be removed and relocated on Lot A to ensure only one commercial sign is on
each new lot.
The proposed subdivision substantially complies with the standards for the B-2
zoning district given that the conditions outlined above are met.
The Kalispell City Council will need to adopt findings of fact for approval found in the
attached staff report KWP-07-02 and accept the SIA as submitted. The following is a
list of the conditions of approval and a discussion of how they have been met.
CON1PLIANCE Vn= 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 two lot subdivision substantially complies
with the preliminary plat that was waived.
Condition No. 2. Mat the new lots and existing structures comply with applicable
zoning, building and fire codes prior to final plat approval. This would include
building modifications to address fire and building code issues where the buildings
are closer than five feet.
7his condition has been met. The existing businesses comply with the B-2,
General Business, zoning district as listed in section 27.14.020 of the Kalispell
2
Zoning Ordinance. Modification to the buildings have been proposed and
bonded for in the amount of 37,389.60 dollars. Specifically, the faipade
between the two buildings will be removed and a one -hour fire wall will be
installed between the two buildings. A memo detailing these necessary
modifications and three sketches of the proposed improvements were
submitted and stamped by a licensed architect (5/2/07). The building plans
have been certified by a licensed architect and reviewed and approved by the
City of Kalispell Building Department. The SIA dated 5/4/07 was also certified
by an engineer and the improvements will be completed by September 1, 2007.
Condition No. 3. That the property lines be adjusted on the west side of the
building containing China Town to meet required side building setbacks. Also, ensure
the two detached signs are located on separate lots per the Kalispell Zoning
Ordinance. Note: Upon submitting a final plat application, a separate map shall be
provided showing the new property lines, existing buildings and detached signs for
lots A and B.
This condition has been met. A separate map was submitted showing the
relationship between the existing buildings and the new property line - the new
property line along the west side of the building containing China Town is at
least five feet from the new property line and meets the B-2 zoning setback
requirements. 7he existing signs are indicated on the map as well and the
detached sign serving the Westbrook Square commercial center is proposed to
be relocated approximately 35 feet west of the existing sign on the new Lot A.
A permit shall be obtained prior to the design and construction of the new sign
and shall meet the standards outlined in Chapter 27.24, Sign Regulations of
the Kalispell Zoning Ordinance. Security in the amount of 3,500 dollars has
been included in the SIA to remove and relocate the Westbrook Square
commercial sign.
Condition No. 4. Provide evidence that cross casements have been established
between the two lots for utilities, parking spaces and drive aisles.
This condition has been met. A note has been placed on the final plat
indicating parking lots, access, and utilities are in common areas and that
reciprocal easements have been identified and agreements developed between
future owners of each lot. A copy of the Parking Agreements and Easements
dated May 7, 2007 was submitted as part of the application which was signed
by Genesis Developments, LLC and Robbin Kusiak, the future buyer.
Condition No. 5. This waiver of preliminary plat approval is valid for three years
and will expire on April 24, 2010.
This condition has been met. The final plat was submitted prior to expiration
of the waiver.
3
CON[PLIANCE WITH APPROVED PRELUMNARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved.
CONMYLIANCE WITH THE SUBDIVISION REGULATIONS:
This preliminary plat has been found to be in compliance with the State and City
Subdivision Regulations.
COD97JMCE WIT11 THE ZONING
This subdivision has been found to be in compliance with the Kalispell Zoning
Ordinance and the B-2, General Business, zoning designation assigned to the
property.
All of the conditions of preliminary plat approval have been adequately addressed.
Staff recommends that the Kalispell City Council adopt the attached staff report KWP-
07-02 as findings of fact, approve the final plat for this subdivision and accept the
SIA for the required building and site improvements. Please schedule this matter for
the next regular city council meeting of June 4, 2007. You may call me at (406) 75 1 -
1850 if you have any questions regarding this subdivision.
Sincerely,
C'
Nicole C. Johnson
Planner 11
Attachments:
Vicinity map
2 mylars
I paper copies
11 x 17 reduced copy
Staff Report KWP-07-02
Letter from Planning Department for preliminary plat waiver dated 4/24/07
Final Plat Application dated 4/24/07
Letter from Jackola Engineering dated 5/4/07
Letter from Jackola Engineering dated 5/4/07 - Municipal Facilities Exemption
Health Department Certification from Montana DEQ dated 5/4/07
Title Report dated 3/22/07
4
3 Consents to Plat dated 5/4/07 from Peak Development, Glacier Bank, and First
Federal Saving Bank of Montana
Tax certification from the County Treasurer's office dated 5/4/07
Subdivision Improvement Agreement in the amount of $37,389.60 dated 5/7/07
Letter of Credit from Whitefish Credit Union in the amount of $40,000 dated 5/18/07
(expiration date 11 / l/ 07)
Building Modification and Fire Separation Requirements Letter from Mark Lee
Young, Licensed Architect dated 5/2/07
3 Sketches of the modification plan, proposal, and existing fire wall dated 5/2/07
Parking Agreement and Easements dated 5/7/07
c w/attachments: Theresa White, Kalispell City Clerk
c w/o attachments: Genesis Developments, LLC
P.O. Box 458
Somers, Montana 59932
Jackola Engineering
c/o Robert Erickson
P.O. Box 1134
Kalispell, Montana 59903
AMENDED PLAT OF LOT 2 OF THE WESTBROOK SUBDIVISION
KALISPELL PLANNING DEPARTMENT
STAFF REPORT KWP-07-02
REVIEW AND FINDINGS OF FACT
MAY 30, 2007
This is a report to the Kalispell City Council detailing findings of fact for a two lot
commercial subdivision on the northwest comer of Highway 2 West and North
Meridian Road. Preliminary plat approval for the subdivision was waived on April 24,
2007 based on five conditions.
BACKGROUND: This commercial subdivision would create two lots from a 4.156 acre
parcel that is currently developed. The property contains two existing, partially
attached, buildings and the owner intends to sell one or both of the lots. Due to the
location of the proposed property line and its proximity to the two attached buildings,
modifications to the structures are necessary to meet fire safety standards and comply
with building codes. In addition, a minor deviation from the B-2, General Business
Zoning District, is part of the request for this final plat approval and is discussed in
Section G below. The applicant has addressed these issues, coordinated with the
appropriate city departments and has adequately bonded for the improvements via a
Subdivision Improvement Agreement (SIA).
A. Applicant: Genesis Developments, LLC
P.O. Box 458
Somers, Montana 59932
Technical Assistance: Jackola Engineering
c/o Robert Erickson
P.O. Box 1134
Kalispell, Montana 59903
B. Location and Size: The existing commercial lot and location of the two lot
subdivision is situated along US Highway 2 West between North Meridian Road
and Glenwood Drive. The site is approximately 4.156 acres in size and contains
the Westbrook Square, a commercial retail center, and Exxon gas station (see
Figure 1). China Town Restaurant and the Sears appliance shop are other
examples of businesses located here. The property can be legally described as
Lot 2 of the Westbrook Subdivision located in the East 1/2 of the South East '/4
of Section 12, Township 28 North, Range 22 West, PMM, Flathead County,
Montana.
C. Existing and Adjacent Land Uses: The property is currently developed
containing two partially attached commercial buildings, parking lots, two
commercial signs, and landscaping. A gas station, restaurant, appliance shop
and other retail businesses operate from these buildings on the property.
Surrounding the Westbrook Square commercial center is a mixture of
commercial, light industrial and public uses. The County Fairgrounds exists to
the east, McDonalds and the Eisinger car dealership are located across US 93
to the south, Midas operates to the west of the subdivision and the US Post
Office may be accessed off of Meridian to the north of the site.
Figure 1. Westbrook Square site pictures. Total Area of the subdivision equals 4.166 acres.
Lot A would be 1.837 acres and Lot B would be 7.319 acres.
Left: View of Lot A
looking northwest
from US Highway 2
Right. %Raw of Lot B
looking east from
one of three access
points to the
subdivision an US
Highway 2 West
D. Zoning: The property is zoned B-2, General Business, which is intended to
provide for retail sales and service functions and the existing businesses are
permitted uses pursuant to section 27.14,020 of the Kalispell Zoning
Ordinance. The existing sign located along the southern property boundary will
be removed and relocated on Lot A to ensure only one commercial sign is on each
new lot. In addition, a minor variance from the setbacks for the B-2 Zoning
district has been requested as part of this final plat approval and the details
are discussed below in Section G, Compliance with the Kalispell Zoning
Ordinance.
E. Relation to Growth Policy: The property is designated as Urban Mixed Use
and Commercial in the Kalispell Growth Policy 2020. The existing B-2 zoning
is consistent with the mixed use and commercial land use designations.
F. Utilities:
Water and Sewer:
Electricity:
Telephone:
Gas:
School:
Police:
Fire Protection:
City of Kalispell
Flathead Electric Coop
CenturyTel
Northwest Energy
School District #5, Kalispell
City of Kalispell
City of Kalispell
REVIEW AND FINDINGS OF FACT
This application was 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,
lack of woody fuel and good access to the site. The two existing buildings are
relatively new and comply with existing fire safety standards and building
codes. However, as indicated previously, the addition of a property line and the
proximity of that line to the building walls will require the facade to be removed
and the two exterior walls of the buildings to be upgraded to 1-hour fire walls.
Sketches 1-3, attached as Exhibit A, shows the location plan and detail of the
planned improvements. This project will result in a safer environment.
It has however, come to our attention that contaminated soil was discovered a
couple of years ago and may exist below the surface within the subdivision site.
Contamination of the soil was a result of four different leaks primarily from old
fuel tanks and a car/oil washing area. Remediation of exposed contaminated
areas has been conducted and the Department of Environmental Quality (DEQ)
is currently monitoring levels of pollutants and ground water impacts. There is
little potential for this subdivision and the presence of the contamination to
effect health and safety as the site is currently developed and no new
development is proposed. The site is considered a low priority by DEQ and the
agency will continue to monitor the situation. However, should contaminated
soil be discovered, Marcile Sigler, DEQ, has asked to be notified immediately.
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.
C. Effects on the Natural Environment: The site is fully developed and is
located along two main arterials in the City of Kalispell and contains no native
vegetation or watercourses. The site is 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 is served by City of Kalispell water and sewer
ntinimizing impacts to groundwater. However, as indicated previously, a
contaminant plume exists below the surface which was caused by four different
sources. The owner, in conjunction with DEQ, has conducted remediation of
the site and DEQ is currently monitoring the situation. DEQ requested that
their department be notified should more contaminated soil be found, but they
feel at this point, natural dilution will resolve the problem over time. Based on
advice from the City Attorney, the Kalispell Planning Department sent a letter
to the property owner, copying DEQ, to acknowledge the new information and
inform the applicant that the liability remained with the owner of the property
(copy attached). The letter noted that it is the owner's responsibility to inform
future buyers of the contamination and potential liability for site remediation if
warranted. Therefore, no significant impacts on the natural environment are
anticipated with the approval of this subdivision.
D. Effects on Local Services:
Sewer and Water: The City of Kalispell currently provides water and sewer
service to the property.
Access and Roads: Access to the site is provided in three locations from US
Highway 2 West and two access points exist from North Meridian Road. A
parking and cross access easement agreement between the two potential
property owners, Genesis Developments, LLC and Robbin Kusiak, have been
drafted and a note on the face of the final plat indicated that cross easements
for parking, access and utilities exists.
Sidewalks: There is an existing sidewalk along US Highway 2 West and North
Meridian Road and were built to city standards.
Schools: This property is within the boundaries of School District #5, Kalispell.
This is a commercial subdivision and will not have any impacts to the school
district.
Parks: Parkland dedication is not required for commercial subdivisions
pursuant to section 3.193 of the Kalispell Subdivision Regulations.
Police Protection: The property is served by the Kalispell Police Department.
This subdivision will not significantly impact the services 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: No significant increased impacts can be anticipated as a result
of the proposed subdivision.
Medical Services: Emergency medical service is provided by the Kalispell
Regional Medical Center; Ambulance and Life Flight services are also available.
E. Effects on Agriculture:
This subdivision is in the urban area of Kalispell and the area has been
developed to an urban density. This property has not been used for
agricultural purposes in the past and future commercial 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 2.06 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 confonning 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 Kali pell Zoning Ordinance: The property is zoned B-2,
General Business. This zoning district has a minimum lot area of 7,000 square
feet and a minimum lot width of 70 feet. Lot A is 80,019 square feet and Lot B
is 101,015 square feet which are more than adequate lot areas for the district.
Pursuant to section 27.22.060 of the Kalispell Zoning Ordinance, the B-2
zoning district permits more than one structure housing a permitted use on a
single lot or tract of land and there are no lot coverage limitations. The
proposed subdivision site would divide two buildings that are currently
attached and all the uses currently operating from the structure are permitted
in the B-2 zoning district (section 27.14.020 of the Kalispell Zoning Ordinance).
Setbacks for the zoning district are as follows: 20 feet for the front year, five
feet for the side yard, 10 feet for the rear yard, and 15 foot side corner. As
indicated above, because of the location of the proposed property line, the
existing buildings deviate from the minimum side setbacks of five feet as required
in the B-2 zoning district. Specifically, the north wall of the western most portion
of the Exxon building and the south facing wall immediately north of it
(Westbrook Square building) are only approximately 4.2 feet from the proposed
property boundary (see Figure 2) - eight inches short of the required five feet.
Figure 2. View from US Hwy 2 West of the 24ot
subdivision of Westbrook Square. The dashed
white line represents the approximate location of
the new property lines and the photograph to the
right identifies the location of the required
building upgrades.
Because the two existing buildings, constructed 10 or 12 years ago, are currently
in compliance with building and fire codes and merely the addition of a property
line would create a noncompliance situation, staff thought the variance was
minor and acceptable, provided that building and fire code issues were
addressed.
Modification to the buildings and sign, as necessitated by the zoning ordinance,
have been bonded for - the fai;ade between the two buildings will be removed, a
one -hour fire wall will be installed between the two buildings and the e-,dsting
sigri located along the southern property boundary will be removed and relocated
on Lot A to ensure only one commercial sign is on each new lot, The building
plans have been certified by a licensed architect and reviewed and approved by
the City of Kalispell Building Department. The SIA was also certified by an
engineer and the improvements will be completed by September 1, 2007.
The proposed subdivision substantially complies with the standards for the B-2
zoning district given that the conditions outlined in the preliminary plat waiver
and attached letter are met.
RECOMMENDATION
Staff recommends that the Kalispell City Council adopt Staff Report KWP-07-02 as
findings-offact for the proposed subdivision and accept the SIA for the
aforementioned improvements.
NCJ
WESTBROOK BUILDING
EX15TING 2 HOUR FIRE WALL
NEW I HOUR FIRE WALL,
"R
DOOR tFRAME
hd
REMOVE EX15TING FACADE
BETWEEN BUILDINGS
E X
XXON BUILDING
CF
L
.Smut. lgk3
Ell 0
T
PHM W 755 SM
SKETCH #1 - FIRE
WALL
LOCATION PLAN
EXHIBIT A (2 of 3)
REMOVE EXISTING HARDI PANEL
SIDING AND RE -APPLY TO NEW
WALL
NEW 5/B' GYPSUM WALL SHTG.
NEW 1-5/8"XI-5/5' METAL STUDS @
221" O.C., FASTEN TO EXISTING
STUDS B'-O' O.C. 14ORIZONTAL AND
2A" O.C. VER71CAL
NEW 5/13' GYPSUM WALL BOARD
EX15TING 7/16" APA RATED
EXTERIOR 5WTG.
FASTEN BOTTOM PLATE TO
EX15TING CONC. 51DEWALK W1
POWDER ACTUATED FASTENERS
26' GA. FLASHING
SEAL FOR M015TURE
ALTERNATIVE METHOD OF MOISTURE
PROTECTION 15 TO POUR RAISED
CONC. CURB UNDER BOTTOM OF WALL
NEW 26 GA. METAL COPING
NEW 26 GA_ METAL FLASWING @
UPPER 15" OF PARAPET
NEW 5/8" GYPSUM WALL 514TG.
ABOVE EX15TING PARAPET
NEW 26 GA. FLASHING OVER
EXISTING PARAPET
REMOVE EXISTING METAL
COPING EXISTING RIGID ROOF
INSULATION
EX15TING
2X( BLOCKING
EX15TING
R-Iq BATT INSULATION
EX15TING
5/V SWEETROCK
SKETCH #2 - 1 HR FIRE WALL DETAIL.
SCALE: 3/4" = T-0"
WMIBIT A (3 of 3)
SCALE: 3/0- c
EXISTING 2 WR. RATED WALL,
EXTEND PARAPET 14EIG14T TO
30' ABOVE EXISTING ROOF
SURFACE
Building Modification And
Fire Separation Requirements
For
Westbrook Square And Exxon Building
Highway 2 West
Kalispell, Montana
May 2, 2007
The following modifications are made necessary due to a division of the existing single
parcel into two parcels with the new property line being established between the subject
buildings. Specifically, the north wall of the western most portion of the Exxon Building
and the south facing wall of the Westbrook Square Building immediately north of it are
being addressed here. See attached Sketch #1 showing both buildings.
1. Because of the location of the buildings relative to the new property line each of
the walls which is parallel to it must be fire walls with a fire resistance rating of
not less than I -Hour in accordance with Table 602 of the International Building
Code. The wall of the Westbrook Square Building is currently a 2-Hour fire wall.
The north wall of the Exxon Building was not built as a fire wall and therefore
must be modified to achieve the minimum required fire resistance rating. See
attached Sketch #2.
2. The diagonal portion of the fascia structure which connects the Westbrook Square
Building and the Exxon Building must be removed in order to limit each building
in its entirety to the lot on which it is to be situated.
3. The upper most 18 inches of the existing fire wall parapet above the roof at the
south wall of the Westbrook Square Building must be finished with non-
combustible materials. See attached Sketch #3.
4. The hollow metal door and frame in the north wall of the Exxon Building must
have a I hour fire rating. The existing door and frame are not fire -rated and are to
be replaced.
City of Kalispell
Planning Department
17 - 2d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
May 30,2007
Genesis Developments, LLC
P.O. Box 458
Somers, Montana 59932
Re: Amended Plat of Lot 2 of Westbrook Subdivision
To Genesis Developments, LLC:
It has come to our attention that the Westbrook Square and Exxon Gas station site located on the
northwest comer of US Highway 2 West and North Meridian Road has been identified as a
petroleum release site. The site is currently going through the subdivision process and is at the
final plat stage with the City of Kalispell. Mercile Sigler of the Montana Department of
Environmental Quality (DEQ), in an email dated May 24, 2007, identified four release sites on
the Westbrook lots. The release sites are identified as Nos. 1208, 3848, 1047, and 1608. The
email also detailed her agency's involvement in monitoring and remediation of the site. While
this information was not disclosed to the Kalispell Planning Department at the time preliminary
plat was waived, our department has determined the subdivision process and final plat hearing
will remain the same. However, we are notifying you by letter that the city has knowledge of the
contamination and by copying the DEQ, that agency is also aware of the situation. Should the
property be transferred, as proposed here, the liability remains with you. It is your responsibility
to inform future owners of the contamination as they may be subject to potential liability for site
remediation should that action be warranted sometime in the future. In addition, Ms. Sigler
requested that DEQ, herself specifically, be notified immediately should contaminated soil be
discovered. Ms. Sigler can be reached at (406) 755-8985, extension 105.
Please feel free to contact me if you have any questions by phone at (406) 751-1850 or via email
at niohnson0kalispell.com.
Sincerely,
son
Planner 11
c: Mercile Sigler. Montana DEQ
Attachments
To: Nicol Johnson
From: Marcile Sigler
RE: City Service West (FIID#15-2')10)
Date: May 24,2007
The Department of Environmental Quality Petroleum Release Section l(DEQ-PRS) has
been requested to provide a general review of the four petroleum releases located at City
Service West, currently referred to as Michaels. The City of Kalispell, Planning
Department was unaware the property had environmental issues and as part of their
approval process have requested the following information provided to them by Tuesday,
March 29, 2007.
Release #1208
This release was confirmed on May 1' :0, 1992, is located to the far west of the facility, and
is currently covered by a small strip mall. The strip mall was installed prior to additional
investigation of the release by DEQ.
DEQ will be conducting a groundwater investigation at the site within the next year or
two. The investigation will consist of borings to groundwater. Soil from the borings will
be analyzed for petroleum hydrocarbons as will the groundwater that is obtained from the
boring. Monitoring wells will be installed if in -fact groundwater is impacted. The DEQ
does not anticipate an excavation as the strip man sits on top of the former tank
farm. However, if during upgrades at the facility, impacted soil is encountered then that
soil will have to be removed as well as any other accessible impacted soil, and the DEQ
notified.
Release #3848
This release was confirmed November 17, 1999. It is a former waste oil tank that sat
behind the facility. This release has recently been submitted to the DEQ-PRS in Helena
for closure consideration.
Release #s104'/ and 1608
These two releases are located to the east of the facility at Highway 2 and Meridian. The
releases were confirmed December 27, 1901 and April 2 1, 1991 respectively. The two
releases have co -mingled given their close proximity and groundwater monitoring wells
are currently in place with additional wells scheduled for the near future. The DEQ does
not anticipate any further excavation given the one conducted approximately two years
ago by the Montana Department of Transportation. During upgrades to Meridian all
impacted soil that was encountered was removed and hauled to a licensed landfill (BFI)
in Missoula.
City Seruile
May 25, 2007
Beargrass Holdings, LLC
PO Box 7505
Kalispell, MT 59904
Stretch, LLC
41763 N. Foothills Dr.
Ronan, MT 59864
Re: Westbrook Subdivision located in the E 1/2 of the SE V4 12 28 N 22W Lot 2
1011-1111 Hwy 2 West, Kalispell, MT 59901
Dear Sir/Madam:
With respect to the above -referenced property, there are four known petroleum releases thereon,
all of which have been reported to the Montana Department of Environmental Quality. These releases are
identified by DEQ under the Nos. 1047, 1208, 1608, and 3848. At the current time, these releases are
being monitored, and no other active remediation activities are currently being undertaken. It is the
intention of City Service Incorporated, of Kalispell, to fully comply with its legal obligations regarding
these particular releases and we anticipate cooperating fully with DEQ in accordance with ap
plicable state
and federal law and consistent with our past practices.
Very truly yours,
CITY SERVICE INCORPORATED, OF KALISPELL
By 4� a1z Z��
lCar��. Toni un;,-f1r'esident
KWT/
P.O. Box I - 1830 3rd Ave. E_ Suft 202 - Kalispell, Montana 59903-0001 - (406) 755-4321 - 800-343-3835 - FAX (406) 756-8591
City of Kalispell
PlanWng Departanent
17 Second Street East, Suite 211
Kalispell, Montana 59901
Telephone, (406) 751-1850
Fax: (406) 751-1858
Website: kalispcilplatining.com
April 24, 2007
James H. Burton
Jackola Engineering
P.O. Box 1134
Kalispell, Montana 59903
Re: Waiver of Preliminary Plat Approval - Amended Plat of Lot 2 of Westbrook
Subdivision
Dear Mr. Burton:
This letter is in response to your request for waiver of preliminary plat for a two lot
subdivision of an existing commercial lot located within the Westbrook Subdivision
along US Highway 2 West between North Meridian Road and Glenwood Drive. The site
is approximately 4.158 acres in size and contains Westbrook commercial center and
Exxon gas station. The property is zoned B-2, General Business, which is intended to
provide for retail sales and service functions. The existing businesses are permitted
uses and the proposed subdivision would comply with the standards for the B-2
zoning district given that the conditions outlined below are met. The preliminary
subdivision is shown on the attached map labeled Exhibit A. The property can be
legally described as Lot 2 of the Westbrook Subdivision located in the East 1/2 of the
South East V4 of Section 12, Township 28 North, Range 22 West, PMM, Flathead
County, Montana.
Our office can find that the proposed subdivision meets the preliminary plat waiver
criteria as provided for under Section 2.08 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.
Note that in at least one area, because of the location of the property line, the existing
buildings deviate from the minimum side setbacks of five feet. This will require
modification to the buildings to address fire and building code issues. Also, we were
unable to determine the relationship of the building containing Chinatown Restaurant
and the western property line of Lot B from the plat provided. This property line may
need to be adjusted to ensure the building is a minimum of five feet from that boundary
per the Kalispell Zoning Ordinance, B-2 zoning district setback requirements. Once
these issues are resolved, the proposed subdivision would meet section 6 of the
preliminary plat waiver criteria.
Due to the relatively minor impacts that this subdivision poses, this office grants
preliminary plat approval subject to the five conditions outlined below.
1. That the final plat is in substantial compliance with the preliminary plat that was
waived.
2. That the new lots and e-xisting structures comply with applicable zoning, building
and fire codes prior to final plat approval. This would include building modifications
to address fire and building code issues where the buildings are closer than five feet.
3. That the property lines be adjusted on the west side of the building containing China
Town to meet required side building setbacks. Also, ensure the two detached signs
are located on separate lots per the Kalispell Zoning Ordinance. Note: Upon
submitting a final plat application, a separate map shall be provided showing the
new property lines, existing buildings and detached signs for lots A and B.
4. Provide evidence that cross casements have been established between the two lots
for utilities, parking spaces and drive aisles.
5. This waiver of preliminary plat approval is valid for three years and will expire on
April 24, 2010.
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 contact me.
Sincerely,
ILA,- C . ��
Nicole C. Johnson
Planner 11
Attachmenr Exhibit A (map of preliminary plat)
Friday, May 04, 2007
Nicole C. Johnson
City of Kalispell
Planning Department
17 Second Street East, Suite 211
Kalispell, MT 59901
RE: Waiver of Preliminary Plat — Amended Plat of Lot 2 of Westbrook
Subdivision. Conditions of Approval.
Dear Nicole,
This letter is in response to your letter granting approval of Waiver of
Preliminary Plat. The conditions of approval are addressed as follows:
1. That the final plat is in substantial compliance with the preliminary plat
that was waved.
The final plat is in compliance.
2. The new lots and existing structures comply with applicable zoning,
building and fife codes prior to final plat approval. This would include
building modifications to address fire and building code issues where the
buildings are closer than five feet.
This condition is being bonded for. Please refer to enclosed SIA.
A building code review and details addressing the
modifications required are enclosed.
3. That the property lines be adjusted on the west side of the building
containing China Town to meet required side building setbacks. Also,
ensure the two detached signs are located on separate lots per the
Kalispell Zoning Ordinance. Note: Upon submitting a final plat
application, a separate map shall be provided showing the new property
lines, existing buildings and detached signs for lots A & B.
The property line on the west side of China Town meets the building
setback requirements. The detached sign for lot A is to be relocated
as shown on Exhibit "C". The new property lines and existing
buildings are shown on Exhibit "C".
1 830 3fto AvENuE EAST, SUITE 302; P.C. BOX 11 34, KALISPELL, IVIT 59903
WWWJaCk0la.00 PHONE 406.755.3208 FAX 40r.755.321 8
4. Provide evidence that cross easements have been established between the
two lots for utilities, parking spaces and drive aisles.
A copy of the cross easement is enclosed.
Please feel free to contact me with any questions. Think you.
S' cerely,
Robert A. Erickson, PLS
1 830 3"o AVENUE EAST, BUITE 302; P.O. BOX 1 1 34, KALISPELL, MT 59903
www.iackola.co PHONE 406.755.3209 FAX 406.755.321 8
Friday, May 04, 2007
Nicole C. Johnson
City of Kalispell
Planning Department
17 Second Street East, Suite 211
Kalispell, MT 59901
RE: Municipal Facilities Exemption — Amended Plat of Lot 2 of Westbrook
Subdivision. Conditions of Approval.
Dear Nicole,
This letter is to inform you that we have been notified by Janet Skaarland with
the Montana Department of Environmental Quality, Subdivision Permitting
Department, that she has mailed the approved Municipal Facilities Exemption to
our office. The letter was mailed Friday, May 4th and we will provide the MFE as
soon as it is received.
Please feel free to contact me with any questions. Thank you.
Sincerely
Robert A. Erickson, PLS
I a3O 3"' AvENUE EAST, SUITE 302; P.O. BOX 1 1 34, KALISPELL, MT 59903
www.iackola.c PHONE 406.755.3208 FAX 406.755.321 8
P.O. Box 200901 . Helena, MIT 59620-0901
May 4, 2007
Jackola Engineering & Architecture PC
James H Burton RLS
PO Box 1134
Kalispell MT 59903
Dear Mr Burton:
Brian Schweitzer, Governor
. (406) 444-2544 - www.deq.mt.gov
RE: Westbrook Subdivision Amended Plat of
Lot 2
Municipal Facilities Exclusion
EQ#07-2779
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating to
the Westbrook Subdivision Amended Plat of Lot 2 consisting of two (2) lots is 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,
Janet Skaarland
Compliance Specialist
Subdivision Section
(406) 444-1801 —email iskaarland@Mt.gov
cc: City Engineer
County Sanitarian
file
Enforcement Division - Permitting & Compliance Division , Planning, Prevention & Assistance Division , Remediation Division
Return after recording to:
PARKING AGREEMENT AND EASEMENTS
This Parking Agreement and Easements ("Agreement") is between GENESIS
DEVELOPMENTS, L.L.C. ("Genesis") and ROBBIN I. KUSIAK [or an LLC to befor?ned by
Robbin 1. Kusiak] C'Kusiak"). The parties agree as follows:
1 . Back . The parties own adjoining commercial lots and wish to share the
parking areas on their respective properties with each other in accordance with this Agreement.
2. Kusiak Property. Kusiak is the owner of the following -described property (the
"Kusiak Property"):
Lot A of the Amended Plat of Lot 2 of Westbrook Subdivision, according to
the map or plat thereof on file and of record in the office of the Clerk and
Recorder of Flathead County, Montana.
3. Genesis PM Genesis is the owner of the following -described property (the
"Genesis Property"):
Lot B of the Amended Plat of Lot 2 of Westbrook Subdivision, according to
the map or plat thereof on file and of record in the office of the Clerk and
Recorder of Flathead County, Montana.
4. Grant of Parking and Access Easement. For good and valuable consideration, the
receipt of which is hereby acknowledged, Kusiak does hereby grant to Genesis, its heirs and assigns,
and Genesis does hereby grant to Kusiak, and its heirs and assigns, a perpetual, non-exclusive
easement for ingress, egress, and parking over and across those portions ofthe Kusiak Property and
the Genesis Property identified as "Common Parking Area" on the site plan attached hereto as
Exbibit"A." These easements shall be appurtenant to the Kusiak Property and the Genesis Property.
5. Use of Spaces. The parking spaces in the Common Parking Area shall be available to
both parties and their respective employees, agents, customers, and invitees. The parties shall not
allocate specific parking spaces to particular parties. Neither party shall construct any improvement
barrier, barricade, or other divider that would prohibit or discourage the free and unimpeded flow of
traffic throughout the Common Parking Area in accordance with the site plan attached as Exhibit
PARKING AGREEMENT AND EASEMENT Page I
"A." Each party shall conduct its business and shall require its employees to park in spaces in such a
manner that there will be sufficient prime parking spaces near each party's respective business
entrances to accommodate the usual number of expected customers. Each party shall have authority
to remove persons or vehicles from the Common Parking Area if they are not customers or business
invitees of either party.
6. Maintenance. The parties agree to maintain the Common Parking Area in a good,
attractive condition, suitable for general commercial, retail use. The cost of maintaining, repairing
and replacing the Common Parking Area shall be paid by the parties in proportion to the acreage of
their respective properties, namely as follows:
Kusiak Property 1.860 acres/4.156 acres =44.75%
Genesis Property 2.296 acres/4.156 acres = 55.25%.
Such maintenance shall include but is not limited to cleaning, snowplowing, striping, sealing,
signage, repairing or replacing pavement, and re -paving the Common Parking Area, and all other
maintenance, repair or replacement as may be needed from time to time. The specific maintenance
to be done from time to time shall be agreed upon by both parties. Each party shall pay for his or her
share of the maintenance that has been agreed upon within 3 0 days of the date that written notice has
b een given, including a copy of any invoice or statement showing the maintenance that was done and
the costs incurred. If such payment is not made within the 30-day period, the other party may give
the delinquent party written notice of intent to file a lien for such unpaid costs. If the delinquent
party does not pay such costs within 10 days of the date of such notice of intent to file alien, thenthe
other party may, in addition to any other remedy that may be available, file a lien against the
property described above owned by the delinquent owner for the delinquent maintenance costs in the
records of the Clerk and Recorder of Flathead County, Montana. The lien may be foreclosed in the
same manner as a mortgage. In the event of such foreclosure, the prevailing party shall be entitled to
its reasonable attorneys' fees and costs. The foreclosure may proceed by a lawsuit (i.e., judicial
foreclosure) or the by the mediation/arbitration process provided below, at the election of the party
filing the lien.
7. Dispute Resolution. If the parties cannot agree as to what is to be done in the way of
maintenance, repair or replacement of the Common Parking Area from time to time, or if there are
any other disputes that arise in connection with this Agreement (except as provided above for
possible judicial foreclosure of a lien for delinquent maintenance costs), the parties agree to submit
the dispute to mediation, using a mediator to be agreed upon by the parties. If the parties cannot
agree on a mediator, each party shall appoint an attorney, and the two attorneys shall name a single
mediator to act in the mediation. The parties agree to participate in such mediation in good faith in
an effort to reach a settlement of their dispute; however, if such a settlement is not reached, the
parties agree that the dispute shall be determined and resolved by binding arbitration. The arbitrator
may be the same person as the mediator, if agreed by both parties. The determination of the
arbitrator shall be final and binding upon the parties and their respective successors and assigns. The
determination maybe filed in a court of competentjurisdiction as a final judgment. Thearbitratoris
authorized, but not required, in the arbitrator's discretion, to award attorney's fees and costs to the
prevailing party and/or require the non -prevailing party to pay the fees and costs of the arbitrator. If
no such award is made, the costs of the arbitration shall be paid equally by the parties. In the event
PARKING AGREEMENT AND EASEMENT Page 2
of a dispute concerning the method of choosing an arbitrator, procedures to be followed in the
arbitration process, or other aspects of the arbitration, the parties shall abide by the rules of the
American Arbitration Association applicable to commercial disputes, as then in effect.
8. Insurance. Each party shall obtain and keep in force general public liability insurance
with limits of at least $ 1,000,000 for a single occurrence against claims for personal injury, death and
property damage occurring on the portion of the Common Parking Area located on that party's
property. Each party shall indemnify, defend, and hold the other party harn-iless from any claims for
personal injury, death, or property damage occurring in the Common Parking Area and caused in
whole or in part by the acts or omissions of the indemnifying party or its tenants, agents, or
employees.
9. Future Development. If additional construction of buildings, additions, or other
improvements or development is permitted on the property described herein and either party desires
to undertake such additional construction, then the parties shall determine what maximum additional
square footage may be built on the two lots, taking into consideration the parking spaces that would
be left if such construction were to be pursued. The maximum additional square footage that can be
built will then be allocated to the parties in proportion to the acreage of their respective properties,
namely as follows:
Kusiak Property 1.860 acres/4.156 acres = 44.75%
Genesis Property 2.296 acres/4.156 acres = 55.25%.
Each party shall be permitted to undertake that party's share of such additional construction, either
immediately or at any time in the future.
10. Appurten . The burdens and benefits of the easements granted herein shall attach to
and run with the respective properties described herein and shall be binding upon and for the benefit
of the parties hereto and their respective heirs, successors and assigns.
11. No Public Dedication. Nothing contained in this agreement shall be construed or
deemed to constitute a gift or dedication of any portion of any of the property described herein to the
general public or for the benefit of the general public or for any public purpose whatsoever.
12. Miscellaneous. This Agreement shall be construed in accordance with the laws of the
State of Montana. In the event of any lawsuit in connection with this agreement, the prevailing party
shall be entitled to costs and a reasonable attorney's fee.
DATED this — day of 20
GENESIS DE.�OPMENT L.L.C.
BY:
PARKING AGREEMENT AND EASEMENT Page 3
ROBBIN 1. KUSIAX
STATE OF Mw�AW�,
: ss
County of T [Al k,(A)
This instrument was acknowledged before me on the 11 L� dayof Mal 20 o- 7,
by j)AVj JoSerLt as '11�- —YAew"�Oev of GENESIS
DEVELOPMENT t.L.C.
TASAI
Notary Public for the State of VTY�� 0,
e ( r-, KASM V1 S S-C V,
[prin t or typ e name of No tary/
(SEAL) Residingat Y-Ak�s"o M-1
T- SEXINv- MyConunissionex&es' bP(joAt,,,tf '6D 20 OK
STATE OF
SS
County of
This instrument was acknowledged before me on the— day of 20�
by ROBBIN 1. KUSIA.K.
Notary Public for the State of
[print or type name of Notary]
(SEAL) Residing at
My Comraission expires 120
PARKING AGREEMENT AND EASEMENT Page 4
CONSENT TO PLAT
We, the undersigned, PEAK DEVELOPMENT, LLP, do hereby consent to
the platting of the real property described as "AMENDED PLAT OF LOT
2 OF WESTBROOK SUBDIVISION", attached hereto, and by this
reference made a part hereof.
PEAL DEVELOPMENT, IILP
STATE OF MONTANA
S
County of Flathead
On this A�L day of ff) a (4 , 2007, before me, the
' T�--§t ---- r-Montana, personally
undersigned, a Notary Public fo7 e ate o
appeared __JT�_ ----------- and known to me to be
the PEAK DEVELOPMENT, LLP and who
-----------
that name to the within instrument and acknowledged to me
executed t e same.r-1),
0
--- e-u
Notary Public �oj the State of Montana
Residing at
My Commission Expires
mg-
CONSENT TO PLAT
We, the undersigned, GLACIER BANK, do hereby consent tn the platting
of the real property described as "AMENDED PLAT OF LOT 2 OF
WESTBROOK SUBDIVISION", attached hereto, and by this reference
made a part hereof.
GLACIER BANK
24 f, g
BY
STATE OF MONTANA
SS
County of Flathead
On this day of 2007, before me, the
undersigned , Notary Publi t e Sta e of ontaria, personally
appeared t's e of and known to me to be
the and who
o
oubscribed,4� name to the within instiument and acknowk 561I&IR
that -1�e_ executed the same. SN�4'
..............
er
NA,
' t P blic State of ana
ar
My Commission Bxpire's J
01F
CONSENT TO PLAT
We, the undersigned. FIRST FEDERAL SAVINGS BANK OF MONTANA
now known as GLACIER BANK, do hereby consent to the platting of the
real property described as "AMENDED PLAT OF LOT 2 OF
WESTBROOK SUBDIVISION", attached hereto, and by this reference
made a part he±eof.
FIRST FEDERAL SAVINGS BANK OF MONTANA
now known as GLACIER BANK
BY
STATE OF MONTANA
SS
County of Flathead
On this day of - , � L 1 2007, before me, the
undersigned, a Notary Public ontana, personally
appeared F1 � —r. M- , and known to me to be
the---a,Lr-Xr- 902 of FIRST FEDERAL SAVINGS BANK
OF MON XX now known as GLACIER BANK and who subscribed
"L� name to the within instrument and acknowledged to t
We that
�, I
executed the same.
otary Public f S�,Stvte NOTAR,
At -
Residing at
, 7 - 7 �-77--- 7 --,. All SEAL
. - L-4 -2:
My Commissi n Expil - (P*
tZ
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: JACKOLA
FOR: GENISIS DEVELOPMENTS LLC DATE: 4/25/2007
DESCP: WESTBROOK SUB AMD L.2 PURPOSE: AMD PLAT
(12-28-22)
YEARS ASSESSOR #
2003 THRU 2006 0390605
I hereby certify that there are no outstanding tax on the property
assigned the asses;A�j�
.bars listed abov e years indicat for
each assessor
Deputy Treasurer
(seal)
MAY 0 4 2007
City of Kalispell
Planning Department
17 - 2r" Street East� Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
FINAL PLAT APPLICATION
Project /Subdivision Name: Amexxw_o R-4-r or- 1_,c;-r 0 F Wewptseor_
Contact Person:
Name:-Rosep-m Eittcjtx,,J
Address:.PtI -&ox IIZ'4
<Ae_tsP.5e_c_ MT S'??6,t
PhoneNo.: Cqo(.) 75��-A?_09
Owner & Mailing Address:
Date of Preliminary Plat Approval: Ai)y_,,_ zc4., -.wd'7
Ge,jersis
PC, _&cm CIS'S
Type of Subdivision: Residential —Industrial Commercial Y PUD Other
Total Number of Lots in Subdivision c;?
Land in Project (acres) q.19L
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
Other
Legal Description of the Property LoT Z av-
E '1z_ o-F -rkc SE 1/4 oi, -qe�-rlo-�J 17, Iczz.UJ, Eark�"'�
FILING FEE ATTACHED $
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 $ 50
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)
X Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement
Plats: 1 opaque OR 2 mylars;
1 mylar copy 1 signed blueline
4 bluelines k4 bluelines, unsigned
I 1X 17 Copy � 1 1X 17 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 t�e 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 failse information will delay the application and
may invalidate any approval. The signing of this application signifies approval for Kalispell Planning
staff to be present on the property for routine monitoring and inspection during the approval and
development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all Subdivision
final plat ap&cations be accompanied with a digital copy.
— ff-PY-472
Date
**A digital copy of the finO 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
AMERICAN LAND TITLE ASSOCIATION COMMITMENT — 1966
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and
charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations
hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the
time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability
and obligations hereunder shall cease and terminate six months after the effective date hereof or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy
or policies is not the fault of the Company.
IN WITNESS WHEREOF, Chicago Title Insurance Company has caused this Commitment to be signed
and sealed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid
when countersigned by an authorized signatory.
Issued by:
STERLING TITLE SERVICES
211 South Main Street, P.O. Box 73
Kalispell, MT 59903
Phone: (406) 752-7000
Fax: (406) 752-7207 (Ttle)
Fax: (406) 257-5663 (Escrow)
www.sterlin�titleservices.com
E-mail: inio@steriingtitieservices.com
Authoriwd Signatum
CHICAGO TITLE INSURANCE COMPANY
BY:
UPV Al � L_
President
ATTEST:
'L Z . X�
seeretsly
Forin C 3360 (Reprinted 10/00) ALTA 0,mmitnern - 1966 American Lruid Title Assriciation
STANDARD EXCEPTIONS FOR OWNER'$ POLICY
The owners policy will be subject to the mortgage, if any, noted under item one of Section I of Schedule B hereof
and to the following exceptions: (1) rights or claims of parties in possession not shown by the public records; (2)
encroachments, overlaps, boundary line disputes, and any matters which would be disclosed by an accurate survey
and inspection of the premises; (3) easements, or claims of casements. not shown by the public records; (4) any
lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not
shown by the public records; (5) taxes or special assessments which are not shown as existing hem by the public
records.
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown
in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall
be relieved from liability for any loss or damage resulting from any act of reliance hereon. to the extent the
Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commit-
ment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant
to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in goW faith (a) to comply with the requirements hereof, or (b) to
eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon
covered by this Commitment. In no event shall such liability exceed the amount stated in $phedule A for the
policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from
Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except
as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment
COMMITMENT FOR TITLE INSURANCE
SCHEDULEA
File Number: 46470
1. Effective Date: March 22, 2007 at 08:00 AM
2. Policy or Policies to be issued:
A. ALTA Own. Policy (10/17192)
51
Proposed Insured:
Robbin 1. Kusiak
Proposed Insured:
[—X] Standard Coverage
F-] Extended Coverage
F-] ALTA Homeownes
F-] Standard Coverage
F-] Extended Coverage
Amount: $ 2,265,000.00
Amount:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the estate or interest in said land is at the effective date hereof vested in:
Genesis Developments, L. L. C.,
A Montana Limited Liability Company
5.' The land referred to in this Commitment is described as f6llows:
Lot 2 of WESTBROOK SUBDIVISION, according to the map or plat thereof on file and of record in the
office of the Clerk and Recorder of Flathead County, Montana.
SCHEDULEA
Commitment
Reorder Form No. 11143 Rev. 10/92
(46470.PFD/46470110)
Commitment Number: CG-46470
SCHEDULE B - SECTION I
REQUIREMENTS
The following requirements must be met:
a. Instruments necessary to create the estate of interest or mortgage to be insured must be properly
executed. delivered, and duly filed for record.
b. A certificate of survey or subdivision plat conforming with the Montana Subdivision and Platting Act must
be recorded prior to closing.
C. A copy of the Genesis Developments, L.L.C. agreement, authorizing proposed transaction and directing
the execution of the proper instruments must be submitted prior to closing.
d. NOTE: For informational purposes only. Do not rely upon for a tax payment.
Taxes for the year 2006 are:
$29,071.72 First Half
$29,071.69 Second Half -
$58,143.41 Total
Assessor# 75-0390605
Roll # 44626 (with other property)
e. The new Assessor number for 2008 is not available from the County Treasurer at this time.
ALTA Commitment
Schedule B - Section 1 (10/17/92) (46470.PFD/46470/10)
Commitment Number: CG-46470
SCHEDULE B - SECTION 11
EXCEPTIONS
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same
are disposed of to the satisfaction of the company:
1 . Property taxes for the second half of the year 2006.
2- Property taxes. including any assessments collected with the taxes. for the year 2007..
3. Rights or claims of parties in possession not shown by the public records.
4. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an
accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access
or matters contradictory to any survey plat shown by the public records.
5. Easements, or claims of easements, not shown by the public records.
6. Any lien. or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c)
are shown by the public records.
8. Taxes or special 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. Proceedings by a public
agency which may result in taxes or assessments, or notices of such proceedings. whether or not shown
by the records of such agency or by the public records.
Mineral rights. claims or title to minerals in or under said land. including but not limited to r�etals, oil, gas,
coal, or other hydrocarbons, sand, gravel or stone, and easements or other rights relating thereto, whether
express or implied, recorded or unrecorded.
10. Delinquent water and sewer charges of the City of Kalispell. if any.
11. Easement for a water pipeline and related purposes, granted in instrument recorded January 7, 1949 in
Book 302, page 57, records of Flathead County. Montana.
12. Easement for transmission line and related purpo6es granted Pacific Power & Light Company. a
corporation, recorded August 3, 1959 under Recorder's Fee #4728, in Book 429, page 308, records of
Flathead County, Montana.
13. Easement for transmission line and related purposes granted Pacific Power & Light Company, a
corporation, recorded December 5, 1979 under Recorder's Fee #18572, in Book 682. page 840, records of
Flathead County, Montana.
ALTA Commitment Schedule B - Section 11
(1016182) (46470.PFD/46470/1 0)
SCHEDULE B - SECTION 11
. (Continued)
Commitment Number: CG-46470
14� Deed of Trust dated June 29, 1984 to secure payment of $637,500.00, together with interest and any other
obligations secured thereby, recorded June 29. 1984 as Document #8418114320, records of Flathead
County, Montana.
Grantor: City Service Inc. of Kalispell
Trustee: Citizen's Title & Escrow Co.
Beneficiary: First Federal Savings Bank of Montana (premises and other property)
15- Grant of Variance for construction of a new fuel island canopy, recorded October 26, 1992 as Document
#9230015420. records of Flathead County, Montana.
16. Easement for transmission line and related purposes granted Pacificorp, dba Pacific Power & Light
Company, recorded June 3, 1993 as Document #9315411130, records of Flathead County, Montana.
17. Easement for transmission line and related purposes granted Pactficorp, dba Pacific Power & Light
Company, recorded October 17,1994 as Document #9422911150, records of Flathead County. Montana.
18. Easement for transmission line and related purposes granted Flathead Electric Cooperative, Inc.. by
instrument recorded November 18, 1999 as Document #199932208160, records of Flathead County,
Montana.
19. Grant of conditional use, regarding conversion of an existing business, recorded February 12. 2002 as
Document #200204316430, records of Flathead County, Montana.
20. Utility easement certificate as shown on the plat of Westbrook Subdivision.
21. Easement for unrestricted ingress and egress purposes, granted in instrument recorded July 13, 2004 as
Document #200419516200, records of Flathead County. Montana.
22. Deed of Trust dated July 7, 2004 to secure payment of $3,784,200,00, together with interest and any other
obligations secured thereby, recorded July 13. 2004 as Document #200419516220, records of Flathead
County, Montana.
Grantor: Genesis Developments, LLC
Trustee: Flathead County Title Company
Beneficiary: Glacier Bank (premises and other property)
Loan No.: 1754386
23. Trust Indenture dated July 6, 2004 to secure payment of $600,000.00, together with interest and any other
obligations secured thereby, recorded July 13, 2004 as Document #200419516230. records of Flathead
County, Montana.
Grantor: Genesis Developments, LLC
Trustee: Paul A. Sandry
Beneficiary: Peak Development, LLP (premises and other property)
24. Assignment of Leases, executed by and between Peak Development, LLP and Genesis Developments,
LLC. recorded July 13, 2004 as Document #200419516240. records of Flathead County. Montana.
ALTA Commitment Schedule B -Section 11
(1016/82) (46470.PFD/46470/10)
SCHEDULE IS - SECTION 11
(Continued)
Commitment Number: CG-46470
25. Interest of the following persons and companies, disclosed by instrument recorded July 13. 2004 as
Document #200419516240, records of Flathead County, Montana.
Lessee's: Corporate Express, Michael's, Aamco, Chinatown. Accessory Store, Elvis Hilliard, Sears Pup,
Gold Dust Casino, Beneficial Finance, Blackfoot Communications, Cost Cutters, Sam's Cameras and
Sears
26. Joint parking agreement and joint access easements to be created, disclosed by Buy Sell Agreement,
dated March 11, 2007, provided to Sterling Title Services.
End of Exceptions
ALTA Commitment Scheduie B - Section 11
(1016/82) (46470.PFD/46470/10)
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GENESIS DEVELOPMENTS, LLC
FINAL PLAT - AMENDED PLAT OF LOT 2 OF WESTBROOK
A 2 LOT COMMERCIAL SUBDIVISION ON 4.156 ACRES IN
THE B-2 (GENERAL BUSINESS) DISTRICT
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