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ASHLEY_TRAIL_SUB_AMD_L_5_5-5-48_ATA6,° fig, OWNERS/ Alf ASHLEY TRA1L. SU Dt�V1S1 N T OF LOT WFOR: J. 1AY BILLMAYER &VICKI D. BILLMAYER AMENDEDLrA5', PURPOSE: AMENDED PLAT N I/4 of the N W (/4 of Section 13, T28N R22W, P.M., M. DATE: OCTOBER 27, 2009 Flathead County, Montana SCALE: V= 40' 0 00 Ir I I Lot 2 [_ot 2 I I i 5 v / SOUTH VIEW LANE - 60' PRP/ATE ROAD &UTILITY EASEMENT b' 00 `S.�o '�' j S89'59'43"E 305.02'�� 132.24' 171.78' 1--1.00, o...� L=13.23,..,- o o L=10.01' 70 70'—. i— 132.7_1' — — — — L' \ 1115 15' WIDE STORM DRAIN FACILITIES EASEMENT Lot 1 1.26 Acres (Gross) 1.10 Acres (Net*) 585'52'54"W ASHLEY TRAIL SUBDIVISION BASIS OF BEARINGS PER PLAT OF HATCHING DENOTES STORM DRAIN FACILITIES EASEMENT Lot 4 1.20 Acres (Gross) 1.15 Acres (Net') Lot 3 1.30 Acres (Gross) 1.26 Acres (Net*) BIKE /WALK EASEMENT OLD B. N. R. R. RIGHT OF WAY PER C. OF S. 5372 LEGEND IS FOUND 5;'8" REBAR WITH PLASTIC CAP MARKED "2989ES" 0 FOUND 5;'8" REBAR WITH PLASTIC CAP MARKED "2520S" p FOUND 5'8" REBAR WITH PLASTIC CAP MARKED "7328S" O SET 5/8" BY 24" REBAR WITH PLASTIC CAP MARKED "MARQUARDT 7328S" EKIPHYSICAL ADDRESS - SOUTH VIEW LANE NOTE: NO SEARCH HAS BEEN MADE FOR EASEMENTS AFFECTING THIS PROPERTY AND THIS SURVEY DOES NOT PURPORT TO SHOW ALL APPURTENANT EASEMENTS. NOTES: i L__Ot -1- L 589'59'44" W I ,SLOW Subdi%� u 15' UNDERGROUND UTILITY EASEMENT 2824.79' =129.73'..... " n.73Y 53 558.72' ADDRESS NUMBERS SHALL BE POSTED AT THE COMMENCEMENT OF CONSTRUCTION AND BE CLEARLY VISIBLE AT ALL TIMES THEREAFTER. NUMBERS SHALL BE PLACED IN THE DRIVEWAY ENTRANCE AND AT ANY SUBSEQUENT DIVERGENT POINTS OF ACCESS FOR SHARED DRIVEWAYS. ALL ADDRESS NUMBERS SHALL BE DISPLAYED ON A CONTRASTING BACKGROUND USING A MINIMUM FOUR -INCH NUMERAL HEIGHT. ALL UTILITIES SHALL BE PLACED UNDERGROUND. LOT OWNERS ARE NOTIFIED THAT THEY ARE LIVING IN A RURAL AREA OF FLATHEAD COUNTY AND DELAYED RESPONSE TIMES MAY BE EXPERIENCED FROM EMERGENCY SERVICE PROVIDERS. LOT OWNERS ARE BOUND BY THE WEED CONTROL PLAN TO WHICH THE DEVELOPER AND THE FLATHEAD COUNTY WEED DEPARTMENT AGREED. THE WELL LOT HARBORS THE SHARED WATER SYSTEM SOURCE AND ASSOCIATED INFRASTRUCTURE FOR ASHLEY TRAILS SUBDIVISION, AND LOTS 1-4 OF AMENDED LOT 5, ASHLEY TRAILS SUBDIVISION. THE WELL LOT MAY NOT BE FURTHER SUBDIVIDED. ALL NEW SUBDIVISION ROADS ARE PUBLIC ACCESS EASEMENTS. ALL ROADS IN THE ROAD USERS' AGREEMENT SHALL BE MAINTAINED BY THE PROPERTY OWNERS WITHIN THE SUBDIVISION. THE COUNTY COMMISSION ACCEPTS NO RESPONSIBILITY FOR DEVELOPMENT OR MAINTENANCE OF ROADS UNLESS ACCEPTED BY THE COMMISSION FOR MAINTENANCE. ALL SOLID WASTE REMOVAL SHALL BE BY CONTRACT HAUL. "'NET ACREAGES EXCLUDE SOUTH VIEW LANE RIGHT OF WAY ONLY. %J CERTIFICATE OF DEDICATION We, J. JAY BILLMAYER & VICKI D. BILLMAYER, the undersigned property owners do hereby certify that we have caused to be surveyed, subdivided and platted into lots as shown by the plat hereto annexed, the following described land situated in Flathead County, to -wit: Lot 5, Ashley Trail Subdivision in the Northwest 1/4 of the Northwest 1/4 of Section 13, Township 28 North, Range 22 West, P.M, M., Flathead County, Montana, containing 4.90 acres of land all as shown hereon. Subject to and together with easements of record. Subject to and together with easements as shown hereon. The above described tract of land is to be known and designated as AMENDED PLAT OF LOT 5, ASHLEY TRAIL SUBDIVISION. The roadways as shown hereon are private but shall remain open to the public. The County shall have no obligation to maintain the roadways shown hereon. The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever. WAIVER OF PROTEST Participation in Rural Special Improvement District J. JAY BILLMAYER & VICKI D. BILLMAYER hereby waive any and all right to protest which they may have in regards to any attempt to be made by a local governmental entity, to initiate a Special Improvement District which includes Amended Plat of Lot 5, Ashley Trail Subdivision, shown on the plat therefore, for any of the purposes related to roads, water facilities and systems and sewer facilities and systems, set forth in Sections 7-12-2102 and 7-12-4102, M.C.A.; provided however that J. JAY BILLMAYER & VICKI D. BILLMAYER understand that they retain the ability to object to the amount of assessment imposed as a result of the formation of a Special Improvement District, including the right to object on the basis that the property is not benefited by the Special Improvement District. J. JAY BILLMAYER & VICKI D. BILLMAYER agree that this covenant shall run to, with and be binding on the title of the real property described above and shall be binding on the heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the real property shown on the subdivision plat for Amended Plat of Lot 5, Ashley Trail Subdivision. Dated this day of 4& B 20��: )) JAS' BILLMAYER VICKI D. BILLMAYER STATE OF �46,j° %va::� ) 55. County of PGV,`a r"» ) This instrument was acknowledged before me on 4ia�r+ 4 , 2011 , by J. JAY BILLMAYER & VICKI D. BILLMAYER. Printed Name (P N 1. LM04-pk� 6'0 .'ATI a EEN DJ De. RTCM7 Notary Public for the State of a a �� Notary Public ForThe Residing at k; "'g 0 }�Lw g ROTAFIIAt s 1 State Of mondana My Commission Exp res rd'€ j6s- �cald BEAL W) Fl .>Iding at Kall ail OF Ouober 9, 20-11 CERTIFICATE OF COUNTY COMMISSIONERS �u We, the undersigned, �j,,1 Chairperson of the Board of County Commissioners of Flathead County, Montana and Paula Robinson, County Clerk and Recorder of said county do hereby certify that this accompanying plat of Amended Lot 5, Ashley Trail Subdivision, Flathead County, Montana has been submitted o the Board of County Co missioners of Flathead County, Montana for examination and has been ,fet d t them to conform to law and is here y l approved , ,rte f k v Chairperson County Clerk and Recorder, Dep ty Board of<ounty Commissioners Flathead County, Montana Flathead County, Montana CE J FICC E F AI U,ER OF PARKLAND DEDICATION AND ACCEPTANCE OF CASH IN LIEU THEREOF i, # County Clerk and Recorder of Flathead �unty, Monta ceyjj�r tfy that the following order was made by the County Commissioners of Flathead County at a meeting thereof held on the 4 , day of „, li 201 , and entered into the proceedings of said Body to -wit: "Inasmuch as the dedication of park land within the platted area of Amended Plat of Lot 5, Ashley Trail Subdivision is undesirable for the reasons set forth in the minutes of this meeting, it is hereby ordered by the County Commissioners that land dedication for park purposes be waived and that cash in lieu of park land be accepted in accordance with the provisions of Title 76, Chapter 3, MCA." In witness whereofe I have.ier�unty5o?p{affixed the seal of County, Montana this day of 201 . County Clerk and Recorder Flathead County, Montana CERTIFICATE OF COUNTY ATTORNEY This plat has been examined by the Office of the County Attorney according to Section 76-3-612(2), MCA, relying upon Title Report No. and approved based on information: submitted by the developer or his agent. Offic6 of the County Attorney Flathead County, Montana Plat # 05-05-48 /Abstract# 2555 201100005925 Fees: $7.00 by: NC_ by JAMES BILLMAYER Date 3/21/2011 Time 1:47 PM Paula Robinson, Flathead County Montana Approved: _, 201`_ Examining Land Surveyor Registration No. 5428S CERTIWCA_TE OF SURVEYOR �DAwrq MARQUARDT Date Registration No. 73285 STATE OF MONTANA County of Flathead Filed on the;2", i day of201 j , A.D., at County Clerk and Recorder� d By. , Deputy 10m Instrument Record No.,_,.Date: Oct. 20, 2009 Project Name: Billmayer Filename: AmclPlat Field Crew: SM KJ Revision Date: Aug. 17, 2010 Project Number: 09-130 Drawn Bv: A BILLMAYER CORNER FALLS IN / CONCRETE VAULT, / II \as SET WITNESS CORNER / / I I \c of Iw 1 \ ( ( alb I IJ I I� I 1093 1 N I J � I � 0 I o c9. I W o ZI m o m I N �I p ( I 4I N w (P Lot 2 SII G 1.14 Acres (Gross) ; II 1,04 Acres (Net11 ') 41 20' UNDERGROUND UTILITY EASEMENT l 10' - i 10'�-- I II I I M02 _T II 174.78' - ASHLEY TRAIL SUBDIVISION BASIS OF BEARINGS PER PLAT OF HATCHING DENOTES STORM DRAIN FACILITIES EASEMENT Lot 4 1.20 Acres (Gross) 1.15 Acres (Net') Lot 3 1.30 Acres (Gross) 1.26 Acres (Net*) BIKE /WALK EASEMENT OLD B. N. R. R. RIGHT OF WAY PER C. OF S. 5372 LEGEND IS FOUND 5;'8" REBAR WITH PLASTIC CAP MARKED "2989ES" 0 FOUND 5;'8" REBAR WITH PLASTIC CAP MARKED "2520S" p FOUND 5'8" REBAR WITH PLASTIC CAP MARKED "7328S" O SET 5/8" BY 24" REBAR WITH PLASTIC CAP MARKED "MARQUARDT 7328S" EKIPHYSICAL ADDRESS - SOUTH VIEW LANE NOTE: NO SEARCH HAS BEEN MADE FOR EASEMENTS AFFECTING THIS PROPERTY AND THIS SURVEY DOES NOT PURPORT TO SHOW ALL APPURTENANT EASEMENTS. NOTES: i L__Ot -1- L 589'59'44" W I ,SLOW Subdi%� u 15' UNDERGROUND UTILITY EASEMENT 2824.79' =129.73'..... " n.73Y 53 558.72' ADDRESS NUMBERS SHALL BE POSTED AT THE COMMENCEMENT OF CONSTRUCTION AND BE CLEARLY VISIBLE AT ALL TIMES THEREAFTER. NUMBERS SHALL BE PLACED IN THE DRIVEWAY ENTRANCE AND AT ANY SUBSEQUENT DIVERGENT POINTS OF ACCESS FOR SHARED DRIVEWAYS. ALL ADDRESS NUMBERS SHALL BE DISPLAYED ON A CONTRASTING BACKGROUND USING A MINIMUM FOUR -INCH NUMERAL HEIGHT. ALL UTILITIES SHALL BE PLACED UNDERGROUND. LOT OWNERS ARE NOTIFIED THAT THEY ARE LIVING IN A RURAL AREA OF FLATHEAD COUNTY AND DELAYED RESPONSE TIMES MAY BE EXPERIENCED FROM EMERGENCY SERVICE PROVIDERS. LOT OWNERS ARE BOUND BY THE WEED CONTROL PLAN TO WHICH THE DEVELOPER AND THE FLATHEAD COUNTY WEED DEPARTMENT AGREED. THE WELL LOT HARBORS THE SHARED WATER SYSTEM SOURCE AND ASSOCIATED INFRASTRUCTURE FOR ASHLEY TRAILS SUBDIVISION, AND LOTS 1-4 OF AMENDED LOT 5, ASHLEY TRAILS SUBDIVISION. THE WELL LOT MAY NOT BE FURTHER SUBDIVIDED. ALL NEW SUBDIVISION ROADS ARE PUBLIC ACCESS EASEMENTS. ALL ROADS IN THE ROAD USERS' AGREEMENT SHALL BE MAINTAINED BY THE PROPERTY OWNERS WITHIN THE SUBDIVISION. THE COUNTY COMMISSION ACCEPTS NO RESPONSIBILITY FOR DEVELOPMENT OR MAINTENANCE OF ROADS UNLESS ACCEPTED BY THE COMMISSION FOR MAINTENANCE. ALL SOLID WASTE REMOVAL SHALL BE BY CONTRACT HAUL. "'NET ACREAGES EXCLUDE SOUTH VIEW LANE RIGHT OF WAY ONLY. %J CERTIFICATE OF DEDICATION We, J. JAY BILLMAYER & VICKI D. BILLMAYER, the undersigned property owners do hereby certify that we have caused to be surveyed, subdivided and platted into lots as shown by the plat hereto annexed, the following described land situated in Flathead County, to -wit: Lot 5, Ashley Trail Subdivision in the Northwest 1/4 of the Northwest 1/4 of Section 13, Township 28 North, Range 22 West, P.M, M., Flathead County, Montana, containing 4.90 acres of land all as shown hereon. Subject to and together with easements of record. Subject to and together with easements as shown hereon. The above described tract of land is to be known and designated as AMENDED PLAT OF LOT 5, ASHLEY TRAIL SUBDIVISION. The roadways as shown hereon are private but shall remain open to the public. The County shall have no obligation to maintain the roadways shown hereon. The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever. WAIVER OF PROTEST Participation in Rural Special Improvement District J. JAY BILLMAYER & VICKI D. BILLMAYER hereby waive any and all right to protest which they may have in regards to any attempt to be made by a local governmental entity, to initiate a Special Improvement District which includes Amended Plat of Lot 5, Ashley Trail Subdivision, shown on the plat therefore, for any of the purposes related to roads, water facilities and systems and sewer facilities and systems, set forth in Sections 7-12-2102 and 7-12-4102, M.C.A.; provided however that J. JAY BILLMAYER & VICKI D. BILLMAYER understand that they retain the ability to object to the amount of assessment imposed as a result of the formation of a Special Improvement District, including the right to object on the basis that the property is not benefited by the Special Improvement District. J. JAY BILLMAYER & VICKI D. BILLMAYER agree that this covenant shall run to, with and be binding on the title of the real property described above and shall be binding on the heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the real property shown on the subdivision plat for Amended Plat of Lot 5, Ashley Trail Subdivision. Dated this day of 4& B 20��: )) JAS' BILLMAYER VICKI D. BILLMAYER STATE OF �46,j° %va::� ) 55. County of PGV,`a r"» ) This instrument was acknowledged before me on 4ia�r+ 4 , 2011 , by J. JAY BILLMAYER & VICKI D. BILLMAYER. Printed Name (P N 1. LM04-pk� 6'0 .'ATI a EEN DJ De. RTCM7 Notary Public for the State of a a �� Notary Public ForThe Residing at k; "'g 0 }�Lw g ROTAFIIAt s 1 State Of mondana My Commission Exp res rd'€ j6s- �cald BEAL W) Fl .>Iding at Kall ail OF Ouober 9, 20-11 CERTIFICATE OF COUNTY COMMISSIONERS �u We, the undersigned, �j,,1 Chairperson of the Board of County Commissioners of Flathead County, Montana and Paula Robinson, County Clerk and Recorder of said county do hereby certify that this accompanying plat of Amended Lot 5, Ashley Trail Subdivision, Flathead County, Montana has been submitted o the Board of County Co missioners of Flathead County, Montana for examination and has been ,fet d t them to conform to law and is here y l approved , ,rte f k v Chairperson County Clerk and Recorder, Dep ty Board of<ounty Commissioners Flathead County, Montana Flathead County, Montana CE J FICC E F AI U,ER OF PARKLAND DEDICATION AND ACCEPTANCE OF CASH IN LIEU THEREOF i, # County Clerk and Recorder of Flathead �unty, Monta ceyjj�r tfy that the following order was made by the County Commissioners of Flathead County at a meeting thereof held on the 4 , day of „, li 201 , and entered into the proceedings of said Body to -wit: "Inasmuch as the dedication of park land within the platted area of Amended Plat of Lot 5, Ashley Trail Subdivision is undesirable for the reasons set forth in the minutes of this meeting, it is hereby ordered by the County Commissioners that land dedication for park purposes be waived and that cash in lieu of park land be accepted in accordance with the provisions of Title 76, Chapter 3, MCA." In witness whereofe I have.ier�unty5o?p{affixed the seal of County, Montana this day of 201 . County Clerk and Recorder Flathead County, Montana CERTIFICATE OF COUNTY ATTORNEY This plat has been examined by the Office of the County Attorney according to Section 76-3-612(2), MCA, relying upon Title Report No. and approved based on information: submitted by the developer or his agent. Offic6 of the County Attorney Flathead County, Montana Plat # 05-05-48 /Abstract# 2555 201100005925 Fees: $7.00 by: NC_ by JAMES BILLMAYER Date 3/21/2011 Time 1:47 PM Paula Robinson, Flathead County Montana Approved: _, 201`_ Examining Land Surveyor Registration No. 5428S CERTIWCA_TE OF SURVEYOR �DAwrq MARQUARDT Date Registration No. 73285 STATE OF MONTANA County of Flathead Filed on the;2", i day of201 j , A.D., at County Clerk and Recorder� d By. , Deputy 10m Instrument Record No.,_,.Date: Oct. 20, 2009 Project Name: Billmayer Filename: AmclPlat Field Crew: SM KJ Revision Date: Aug. 17, 2010 Project Number: 09-130 Drawn Bv: A BILLMAYER