I2. Ordinance 1819 - North Town Center Zoning Map AmendmentPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
SUBJECT: KZC-18-05 — Kalispell North Town Center Zone Change
MEETING DATE: January 7, 2019
BACKGROUND: A request from the Stillwater Corporation to amend the City of Kalispell zoning
map. The requested zone map amendment is located entirely within the Kalispell North Town Center
Planned Unit Development (previously known as The Glacier Town Center PUD). The Kalispell
North Town Center PUD is 485-acres and includes four zoning designations of R-3 (single-family
residential), R-4 (two-family residential), B-1 (neighborhood business), and B-2 (general business).
The requested zoning map amendment would amend 9.4-acres of undeveloped grasslands from R-3
(Residential) to B-2 (General Business), with the Kalispell North Town Center PUD zoning overlay
remaining unchanged. The requested zone change would extend an existing B-2 Zone to the northerly
property boundary in order to more appropriately buffer the Kalispell National Guard Armory, which
borders the subject property to the west. The request was reviewed in accordance with Chapter 27.29
of the Kalispell Zoning Ordinance.
The area to be rezoned can be described as 9.4-acres of land described as the westerly 592 feet of
Tract 9 and westerly 592 feet of Tract 10 of COS 4491 in the S2 of Section 19, Township 29 North,
Range 21 West, P.M.M, Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing on December 11, 2018, to consider
the zone change request. Staff recommended that the Planning Board adopt the staff report KZC-18-
05 as findings of fact and recommend to the Kalispell City Council that the zone change request be
approved.
During the public comment portion of the hearing, two (2) people spoke in opposition to the proposed
zone change. Their concerns were that commercial zoning would increase the amount of traffic on
Rose Crossing, which they stated was deficient further east of the property due to a curve and
topography. There being no further public testimony, the public hearing was closed and a motion was
presented to adopt staff report KZC-18-05 as findings of fact, and recommend to the Kalispell City
Council that the zone change be approved. The Board had a discussion regarding the proposed zone
change, at which point there was sentiment that the zoning was appropriate in this location. Further
Board discussion concluded that the zone change was appropriate, and the motion passed
unanimously on roll call vote.
RECOMMENDATION: It recommended that the Kalispell City Council approve the first reading
of Ordinance 1819, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell
zoning ordinance 1677, by zoning certain real property described as 9.4-acres of land described as the
westerly 592 feet of Tract 9 and westerly 592 feet of Tract 10 of COS 4491 in the S2 of Section 19,
Township 29 North, Range 21 West, P.M.M, Flathead County, Montana to City B-2, in accordance
with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date.
FISCAL EFFECTS: There are no anticipated fiscal impacts anticipated.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1819
December 11, 2018, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
c: Aimee Brunckhorst, Kalispell City Clerk
2
Return to:
Kalispell City Clerk
PO BOX 1997
Kalispell, MT 59903
ORDINANCE NO. 1819
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677) ON 9.4 ACRES OF LAND
DESCRIBED HEREIN AND LOCATED ENTIRELY WITHIN THE KALISPELL NORTH
TOWN CENTER (FORMERLY KNOWN AS GLACIER TOWN CENTER) PLANNED
UNIT DEVELOPMENT ENACTED BY ORDINANCE NO.1630, IN ACCORDANCE WITH
THE KALISPELL GROWTH POLICY - PLAN IT 2035, AND TO PROVIDE AN
EFFECTIVE DATE.
WHEREAS, on February 4, 2008, the Kalispell City Council passed Ordinance No. 1630
approving the Glacier Town Center Planned Unit Development and amending the
City of Kalispell Zoning Ordinance with the establishment of the underlying zoning
designations; and
WHEREAS, Stillwater Corporation, the new owner of Glacier Town Center (now renamed
Kalispell North Town Center), has requested a Land Use Map amendment from R-3,
Residential, to B-2, General Business, on approximately 9.4 acres of the 485 acre
development; and
WHEREAS, the property to be rezoned can be described as 9.4 acres of land and can be further
described as the westerly 592 feet of Tract 9 and westerly 592 feet of Tract 10 of
COS 4491 in the South Half of Section 19, Township 29 North, Range 21 West,
P.M.M, Flathead County, Montana; and
WHEREAS, the requested change in zoning is in accordance with the Kalispell Growth Policy —
Plan It 2035; and
WHEREAS, based upon the application submitted and all evidence provided to the City Council
in writing and orally at public hearing, it is in the best interests of the City of
Kalispell that the requested Land Use Map amendment for the above described
property from R-3, Residential, to B-2, General Business, be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. The Kalispell Municipal Code, Section 27.02.010 (Ordinance No. 1677),
known as the Official Zoning Map of the City of Kalispell Zoning Ordinance,
is hereby amended to rezone approximately 9.4 acres of land described as the
westerly 592 feet of Tract 9 and westerly 592 feet of Tract 10 of COS 4491 in
the South Half of Section 19, Township 29 North, Range 21 West, P.M.M,
Flathead County, Montana from R-3, Residential, to B-2, General Business.
SECTION 2. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 22ND DAY OF JANUARY, 2019.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
REQUEST FOR ZONING MAP AMENDMENT WITHIN THE KALISPELL
NORTH TOWN CENTER DEVELOPMENT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KZC-18-05
NOVEMBER 28, 2018
The following is a report to the Kalispell City Planning Board and the Kalispell
City Council regarding a request to amend the City of Kalispell Zoning Map from
R-3 to B-2 within the Kalispell North Town Center Development. A public hearing
has been scheduled before the Kalispell City Planning Board for December 11,
2018 beginning at 6:00 PM, to consider the zone change request. The Planning
Board will forward a recommendation to the Kalispell City Council for
consideration.
BACKGROUND INFORMATION
A. Petitioner / Owner: Stillwater Corporation
P.O. Box 7339
Kalispell, MT 59904
B. Summary of Request: A request from the Stillwater Corporation to amend
the City of Kalispell zoning map. The requested zone map amendment is
located within the Kalispell North Town Center Planned Unit Development
(previously known as the Glacier Town Center PUD). The Kalispell North
Town Center Development is 485-acres and includes four zoning
designations of R-3 (single-family residential), R-4 (two-family residential),
B-1 (neighborhood business), and B-2 (general business). The requested
zoning map amendment would amend 9.4-acres of undeveloped grasslands
from R-3 (Residential) to B-2 (General Business), with the Kalispell North
Town Center PUD zoning overlays remaining unchanged. The requested
zone change would extend an existing B-2 Zone to the northerly property
boundary in order to more appropriately buffer the Kalispell National Guard
Armory, which borders the subject property to the west. The request will be
reviewed in accordance with Chapter 27.29 of the Kalispell Zoning
Ordinance.
C. Location and Legal Description of Property: The area to be rezoned can
be described as 9.4-acres of land described as the westerly 592 feet of Tract
9 and westerly 592 feet of Tract 10 of COS 4491 in the S2 of Section 19,
Township 29 North, Range 21 West, P.M.M, Flathead County, Montana.
D. Existing Land Use : The area to be rezoned is undeveloped grasslands.
E. Existing Zoning: The subject property is located within the R-3/PUD
Zoning District. The R-3 Zone allows for urban residential development. The
PUD functions as an overlay for the entire Kalispell North Town Center
development and outlined a mix of land uses, densities, parkland/trails,
1
open space, roads and architectural standards. The PUD functions in
concert with the underlying zoning providing an integrated development
plan for the entire property.
F. Proposed Zoning: The proposal would be to amend the existing R-3 zoning
to B-2. The requested zone change would extend an existing B-2 Zone to the
northerly property boundary in order to more appropriately buffer the
Kalispell National Guard Armory, which borders the subject property to the
west. All aspects of the original Kalispell North Town Center PUD approved
would remain intact.
G. Size: The subject property is 9.4-acres.
H. Adjacent Zoning:
North: RA-2/PUD (Eagle Valley Ranch)
East: R-3/PUD (Kalispell North Town Center)
South: B-2 / PUD (Kalispell North Town Center)
West: P-1
I. Adjacent Land Uses
North:
Vacant land
East:
Vacant land
South:
Vacant land and multi -family starting construction
West:
Kalispell National Guard Armory
J. General Land Use Character: The neighborhood can be described as an area
in transition from agriculture to urban -scale commercial and residential.
Phase-1 of the Kalispell North Town Center development is located south of
the proposed zone change where a Ford dealership has been completed and
a multi -family project is about to start construction. The new development
coincides with all the infrastructure that has been put in place as part of the
subdivision. Kalispell North Town Center when completed will include
commercial development totaling 1.8 million square feet as well as 632
residences.
K. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
Private Collector
Electricity:
Flathead Electric Cooperative
Natural Gas:
NorthWestern energy
Telephone:
CenturyTel
Schools:
School District #5
Fire:
City of Kalispell
Police:
City of Kalispell
L. Public Comment: No public comment has been received to date.
4
EVALUATION BASED ON STATUTORY CRITERIA
This report evaluates the zoning map amendment request in accordance with
state and local regulations. The statutory basis for reviewing a change in zoning
is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303
M.C.A. Findings of Fact for the zone change request are discussed relative to the
itemized criteria described by 76-2-304, M.C.A. The subject property is currently
zoned R-3 (Residential). The applicant is requesting B-2. The B-2 Zoning District
"provides for a variety of sales and service establishments to serve both the
residents of the area and the traveling public. The district depends on the
proximity to major streets and arterials and should be located in business
corridors or islands. This zoning district would typically be found in areas
designated as Commercial and Urban Mixed use on the Kalispell Growth Policy
Future Land Use Map." The existing Kalispell North Town Center PUD overlay
zone will remain in effect.
1. Is the zoning regulation made in accordance with the growth policy?
The Kalispell Growth Policy Future Land Use Map designates this area as
Urban Mixed Use, which anticipates a mix of commercial, single-family
and multi -family residential development. The requested zone change to
B-2 is an appropriate zoning for the Urban Mixed Use land use category,
as stated above; therefore the proposed zone change is in compliance with
the Kalispell Growth Policy.
2. Does the zoning regulation consider the effect on motorized and non -
motorized transportation systems?
The requested zone will potentially have an effect on motorized and non -
motorized transportation systems, as the proposed zone change to B-2
would allow for additional uses that will likely create more traffic than is
generated from single-family. It is anticipated that the higher intensity uses
will create additional traffic in the immediate area. Accordingly, any
development of the property that creates 300 or more vehicle trip per day
would require a traffic impact study prior to construction. The traffic study
evaluates the impacts the development has on the traffic system and
indicates mitigation necessary to maintain acceptable levels of service. Any
development would be required to maintain the same level of service that
currently exists. Mitigation could include such elements as a new traffic
light, stop signs, new turn lanes, road improvements, road widening,
additional access points, etc. The purpose of the TIS is to mitigate traffic
impacts that create a negative or unsafe condition, not just merely an
increase in traffic.
3. Is the zoning regulation designed to secure safety from fire and other
dangers?
3
At the time this property is developed, the property owners will be required
to insure that there is adequate infrastructure in the case of an emergency.
There are no features related to the property which would compromise the
safety of the public. New construction will be required to be in compliance
with the building and safety codes of the city. All municipal services
including police and fire protection, water and sewer service is available to
the property. The site is within the immediate service area of Kalispell Fire
Station 62.
4. Is the zoning regulation designed to promote public health, public safety,
and the general welfare?
The requested zoning classification will promote the health and general
welfare by restricting land uses to those which would be consistent with the
city's growth policy map and provide appropriate land uses adjacent the
Kalispell National Guard Armory. As with safety from fire and other
dangers, the general health, safety, and welfare of the public will be
promoted through general city regulations designed to regulate allowable
uses. In this case, those regulations are provided for within the B-2 Zoning
standards and Kalispell North Town Center PUD Zoning Overlay.
5. Does the zoning regulation consider the reasonable provision of adequate
light and air?
Setback, height, open space and coverage standards for development
occurring on this site are established in the Kalispell Zoning Ordinance and
Kalispell North Town Center PUD to insure adequate light and air are
provided. The requested amendment does not deviate from the existing
Kalispell North Town Center B-2/PUD zoning standards as far as setbacks,
height and lot coverage are concerned. All existing PUD regulations would
remain intact.
6. Will the requested zone promote compatible urban growth?
The proposed amendment allows for commercial development that fits well
as a transition from the National Guard Armory to the west and the single-
family development that is proposed further to the east. Any development
of the subject property will have its own landscaped trails and outdoor
amenities, which is in keeping with the original Kalispell North Town
Center PUD approval.
7. Is the zoning regulation designed to facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public
requirements?
New improvements to the property such as roads, water, sewer and drainage
would be installed in accordance with city policies and standards at the
developers' expense prior to building permit issuance, thereby insuring that
there is adequate provision of services at the site prior to development. Fire,
police, ambulance and public access are adequate to accommodate potential
rd
impacts associated with the development of this site. There will be impacts
to services that can be anticipated as a result of this proposal which can be
met by the city. All public services and facilities are currently available or
can be provided to the property.
8. Does the zoning regulation consider the character of the district and its
peculiar suitability for particular uses?
As outlined earlier, the requested amendment of B-2 is an appropriate
designation given the growth policy land use of Urban Mixed Use assigned
to the property on the Kalispell Growth Policy Future Land Use Map. The
growth policy map is a long-range planning document providing guidance
to the city on how specific areas of the city should develop over time. The
requested zone is in compliance with the growth policy and the city
anticipated the property would develop in the requested manner. Based on
the proposed uses and densities of the PUD, the requested zoning does give
consideration to the particular suitability of the property for the particular
uses.
9. Does the zoning regulation consider conserving the value of buildings?
City standards, Kalispell North Town Center PUD requirements and HOA
covenants will insure that there is high quality development. This in turn
will maintain the value of buildings and homes in the area.
10. Does the zoning regulation encourage the most appropriate use of land
throughout the municipality?
Urban -scale residential development should be encouraged in areas where
services and facilities are available. In this case, water and sewer lines and
roadways are in the process of being extended to the property. The
proposed zoning is consistent with the Growth Policy Plan -It 2035 and
associated Kalispell Growth Policy Future Land Use Map.
RECOMMENDATION
It is recommended that the Kalispell City Planning Board and Zoning Commission
adopt Staff Report #KZC 18-05 as findings of fact and recommend to the Kalispell
City Council that 9.4-acres of land within Kalispell North Town Center
Development currently zoned R-3 (Residential) be rezoned to B-2 (General
Business) on the Kalispell Zoning Map.
5
PLANNING FOR THE FUTURE
MONT"A
Planning Department
201 18Y Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/ planning
PETITION FOR ZONING MAP AMENDMENT
NAME OF APPLICANT: Jeff Claridge
MAIL ADDRESS:
CITY/ STATE/ZIP:
PO Box 7339
Kalispell, MT 59904-0338
INTEREST IN PROPERTY: Owner
PLEASE COMPLETE THE FOLLOWING:
A. Address of the property:
PHONE: 406.758.6420
Kalispell North Town Center
B. Legal Description: (Subdivision Name, Lot & Block and/or Tract Number
(Section, Township, Range) Kalispell North Town Center Lot 1 Block 3
C.
D.
E.
F.
Amended Plat BLA: Kalispell North Town Center Lot 1A Block 3
(Attach sheet for metes and bounds)
Land in zone change (ac)
The present zoning of the above property is:
R3
The proposed zoning of the above property is: B2
State the changed or changing conditions that make the proposed
amendment necessary:
Current zoning for the northerly portion of this property is R2/PUD. The intent of the_—
PUD zoning is urban residential development. The proposed rezone request
wou extend a B2zonin-g-Fbr-Lot 1 Block3 Phase 2 to the northerly portion of the
-property bounda"uwing for cons-119tzoning within isTi` adjusLe prd— operiy
--boundary.-The ing-is-consistentwit"he
area which is commercial and urban mixed use.
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF:
A. Promoting the Growth Policy
The growth policy supports the goal of residential and commercial development.that
complement each other by creating a mix of higher intensity uses including office,
commercial and high dimity_ als"upports-walkable--and ---
bikeable neighborhoods that integrates with surround development, and encourages
housing fOF all seeters ancH - --
B. Lessening congestion in the streets and providing safe access
The extension of Jefferson Boulevard and recent completion of Rose Crossing-pr9vide
adequate capacity for the development and include sidewalks and bicycle opportunities
for pedestrian movement. The property al o meets the intent of the Highway 93 North
Area Plan by providing controlled access along gateway entrance roads.
C. Promoting safety from fire, panic and other dangers
The proposed rezone has access to public infrastructure such as water and sewer and
solid waste. Police and fire protectionare also available ertj-.St r i
managed on site.
D. Promoting the public interest, health, comfort, convenience, safety and general
welfare
Allowing consistent zoning for this parcel will provide a similar set of standards_ regarding
density, lot size, structure types and uses. The mixed use development will be consistent with
the-RUD and willproyidP the community -with additional economic beaefit-by_bringiag new --
business and additional housing options and utilizing available public infrastructure.
E. Preventing the overcrowding of land
The proposed density will be within the allowable parameters of the City's B2 zoning
F. Avoiding undue concentration of population
The proposed rezone is within the approved Kalispell North Town Center Planned Unit
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities
The rezoned progerty will) mitiaat�measures-relatesLta transportation, water, sewer,__—__.._
school, and other public facilities at the time of development through the site plan review
-prod recurrently-available-te4his-preper#�The-prope►ty-supports--- -
policies from the Highway 93 North Area Plan such as access control, setbacks, and
-f�uffen`ng-from-iigfiway 93. - --
2
rd
J.
K.
Giving reasonable consideration to the character of the district
Applicant proposes to rezone the property from R3 to B2. The character of the B2 district
will allow for higher density residential deve opmen see attached i plan).
Giving consideration to the peculiar suitability of the property for particular uses
The suitability of the property is adequate for the proposed use and rezone and supports
policies identified in the Highway 93 North Area Plan by creating an integrated
residential/commercial development as opposed to strip commercial development fronting
Gateway entrances.
f
Protecting and conserving the value of buildings
The proposed rezone area is currently vacant land and there are no existing buildings.
Now development will fallow the City of Kalispell Design Guidelines.
Encouraging the most appropriate use of land by assuring orderly growth
The intent of a Planned Unit Development is to establish polices and guide land use that_
is orderly and diverse and includes an appropriate balance of residential, business, and
a ntILIStry 11ses that are compatible and coordinated , ZGning
Ordinance, Subdivision Regulations and other planning documents.
The signing of this application signifies approval for Kalispell Planning staff to be present
on the property for routine monitoring and inspection during approval process.
(Applicant Signature)
?_:2 // ST
(Date)
3
APPLICATION PROCESS
APPLICABLE TO ALL ZONING APPLICATIONS:
A. Pre -Application Meeting:
A discussion with the planning director or designated member of staff must
precede filing of this application. Among topics to be discussed are: Growth
Policy compatibility with the application, compatibility of the proposed zone
change with surrounding zoning classifications, and the application procedure.
B. Application Contents:
Completed application form.
2. Petition for zone change signed by the real property owners representing
at least 65% of the land area for which the change in zoning classification
is sought.
3. A map showing the location and boundaries of the property.
4. A title re ort of the subject property.
5. Electronic copy of the application materials submitted. Either copied onto
a disk or emailed to planninga-kalispell.com (Please note the maximum file
size to email is 20mg)
6. Application fee per schedule below, made payable to the City of Kalispell.
Zone Change: Base fee $550.00
For first 80 acres of area of the request add $20/acre
For next 81+ acres add $10/acre
C. The application must be accepted as complete by the Kalispell Planning staff
thirty five 1351 days prior to the date of the planning board meeting at which it
will be heard in order that requirements of state statutes and the zoning
regulations may be fulfilled.
4
PIONEERING t NVM0 NMFNJS
October 29, 2018
City of Kalispell Planning Department
Attn: Tom Jentz, Planning Director
201 1 st Avenue East
Kalispell, MT 59901
RE: Kalispell North Town Center — Rezone Request
Dear Tom,
Kalispell North Town Center (KNTC) Planned Unit Development is requesting a rezone of a
portion of property located north of Lot 1 Block 3 Phase 2 (see attached Exhibit A). The current
zoning for this northerly parcel is R3/PUD. The intent of the R3/PUD zoning is urban residential
development. This rezoning request would extend the B2 zoning for Lot 1 Block 3 Phase 2 to
the northerly property boundary. The extension of the B2 zoning is consistent with the intended
use within the PUD at this location, and the rezone does not substantially affect the intended
use for this area, as the intent of the City's B2 district is commercial and urban mixed use, which
allows for urban residential development.
The intent of the rezone request is to create a parcel of uniform zoning for Lot 1 Block 3 Phase
2, matching the new boundary line adjustment.
Sincerely,
CTA ARCHITECTS ENGINEERS
Dig" 90 8y Ste hw, Ray
DN: E=sleplani Y.OUt=Uw,.com,
CN=8:e V,- Ray, D W mp.
OU=t;vinpsron.00Ktagrauv. DC —
Stephanie Ray 9RaoPi1p15
Conbcl INo: 360-701-1 n6
Dale: 2018,10.2812:28:31-06'00'
cc: CTA File -
KALISPELL NORTH TOWN CENTER
caner
documentl
http.//www.ctagroup.com E-mail info@ctagroup corn
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THIS MAP IS PREPARED ONLY FOR THE ADMINISTRATIVE USE OF FLATHEAD COUNTYAND IS NOT NECESSARILYAN ACCURATE
REPRESENTATION OF THE LOCATION OR EXISTENCE OF TRACTS OF RECORD, THEIR BOUNDARIES OR EASEMENTS AND ROADWAYS.
F-A- u,
Return to:
James C. Bartlett 2o,12I ` I` I f I
P.O. Box 2819 i�ii�ii�i��iiiiiii�eiii�ii��ii�i�iii�ii�iiiu�i�uiiii�i�iiiiiiiiiiiiu�iiiii�iii�iii� Page! o004 7
Kalispell, MT 59903-2819 Fees, $1!02 A
Paula Robinson, Flathead County MT by DD
1/6/2012 11;02 AM
Taxes to: Stillwater Corporation
155 7th Avenue WN
P.O. Box 7338
Kalispell, MT 59904
Ca- 5Z 617
WARRANTY DEED
�l For Value Received SCORE MANAGEMENT LLC, a Montana Limited
Liability Company of Kalispell, Montana, the GRANTOR, does hereby grant,
r" bargain, sell, convey, warrant and confirm unto S T I L L W A T E R
CORPORATION, a Montana Corporation of 155 7th Avenue WN, P.O. Box
7338, Kalispell, MT 59904, the GRANTEE, forever, the real estate located in
Flathead County, Montana, the full legal description of which is:
The parcels as described on Exhibit A and subject to and together with
declarations, easements, covenants, and restrictions, and instruments of
-� record as shown on Exhibit B and to the terms and provisions of First
Right of Refusal to Match Offer to Purchase or to Land Lease, recorded
�— December 23, 20011 as Document #201100026800, records of
,o Flathead County, Montana, which document affects Tracts 4, 5, 6, 7 and
0
Q To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee
and its successors and assigns forever.
And the said Grantor does hereby covenant to and with the said Grantee, that It Is the owner
In fee simple of said premises; that they are free from all incumbrances except as recited above, and
that it will WARRANT and DEFEND the same from all lawful claims whatsoever.
Dated a� - day of December, 2011.
SCOT
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1/6/2012 11:02 AM
STATE OF MONTANA )
: ss
County of Flathead )
Thi instrument was acknowledged before me on the
Aday of December, 2011, by William D. Tanner, Manager for SCORE
MANAGEMENT, LLC.
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Awn NUWW�� M
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1111111NIIIIIIIIIIII11111NIII11111111NIIIIIIIIIIlWHIM 1111{{IIII111111111141111111 Fees: 598.04 7
1 /6/ 2012 11:02 AM
EXHIBIT A
Tract 1:
A tract of land located in the Southeast Quarter (SEl/,) of Section 19, Township 29 North, Range
21 West, P.M.M., Flathead County, Montana, and more particularly described as follows:
Commencing at the Southeast section corner of said Section 19, and which point is the True
Point of Beginning; thence
North 89°55'21" West, on and along the South boundary of said Southeast Quarter, a distance of
2651.00 feet to a point, which indicates the South Quarter corner of said Section 19; thence
North 00048'09" West, on and along the West boundary of said Southeast Quarter, a distance of
1328.10 feet to a point, thence
North 89°521391' East, on and along the Southboundary'of that tract of land indicated on
Certificate of Survey No. 3 813, records of Flathead County, a distance of 1377.04 feet to the
Southwest comer of Tract 1 of Certificate of Survey No. 8846, records of Flathead County,
thence
South, a distance of 34.23 feet to a point; thence
North 89°52"39" East, a distance of 1272.87 feet to a point which point lies on the East
boundary of said Southeast Quarter of Section 19; thence
South 00151'59" East, on and along said East boundary of the Southeast Quarter, a distance of
13 03.14 feet to the True Point of Beginning.
Shown as Tract 2 of Certificate of Survey No. 8886.
Tract 2:
The North Half of the Southeast Quarter of the Southwest Quarter (N'/2SE'/4SW`/,) of Section 19,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.
Shown as Tract 9 of Certificate of Survey No. 4491.
Tract 3:
The South Half of the Southeast Quarter of the Southwest Quarter (S'/2SE'/.SW'/,) of Section 19,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.
Shown as Tract 10 of Certificate No. 4491.
Tract 4:
A tract of land in Government Lot 1, Section 30, Township 29 North, Range 21 West, M.P.M.,
Flathead County, Montana, described as follows:
Of
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i/6/2012 11:02 AM
Commencing at the Northwest Quarter of said Section 30; thence
South 89055'21" East along the North boundary of said Government Lot 1, a distance of 61.20
feet to a point, which point Iies on the East boundary line of U.S. Highway 93 and also being the
true point of beginning; thence
South 0°03'51" West and along the East boundary of said highway right-of-way a distance of
1,306.86 feet to a point on the South boundary line of said Government Lot 1; thence
South 89°55'21" East and along the South boundary line of said Government Lot 11 a distance of
821.04 feet to a point; thence
North 1°24'33" West a distance of 1,307.26 feet to a point of the North boundary line of said
Government Lot 1; thence
North 89°55'21" West and along the North boundary line of said Government Lot 1 a distance of
784.43 feet to the True Point of Beginning.
Shown as Survey Plat recorded April 5, 1973 in Book 550, page 579, records of Flathead
County, Montana.
EXCEPTING THEREFROM that portion deeded to the State of Montana for highway purposes
by instrument recorded November 16, 1995 as Document 49532008580, records of Flathead
County, Montana.
Tract 5•
The Northwest Quarter (NW %4) of Section 30, Township 29 North, Range 21 West, M.P.M..
Flathead County, Montana.
EXCEPTING THEREFROM:
A tract of land situated, lying and being in Government Lot 2, Section 30, Township 29 North,
Range 21 West, M.P.M., Flathead County, Montana, and more particularly described as follows:
Commencing at the West Quarter corner of Section 30, Township 29 North, Range 21 West,
M.P.M., Flathead County, Montana; thence
South 89°30' 00" East along the South boundary of said Government Lot 2 of said Section 30, a
distance of 75.50 feet to a point of the Easterly right-of-way line of U.S. Highway No. 93; thence
North 00'22' 18" East along said right-of-way line a distance of 600.74 feet to a point which is
the true point of beginning of the tract of land herein described; thence
North 00*22' 18" East continuing along said right-of-way line a distance of 660.00 feet to a
point; thence
South 88°17'06" East leaving said right-of-way line a distance of 330.09 feet to a point; thence
South 00*22' 18" West a distance of 660.00 feet to a point; thence
North 88°17'06" West a distance of 330.09 feet to the Place of Beginning.
ALSO EXCEPTING THEREFROM:
A tract of land situated, lying and being in Government Lot 2, Section 30, Township 29 North,
Range 21 West, M.P.M., Flathead County, Montana, and more particularly described as follows:
ItIIIIIII�IIIIIIII1lIII lIfIIII IIIIIIIII'I llfllll'IIIIIIIIIIIIIlIIIIIIIIII4IIIII�{IIII Pagc S of 14 1/6/2012 1Y902 AM
Commencing at the West Quarter corner of Section 30, Township 29 North, Range 21 West,
M.P.M., Flathead County, Montana; thence
South 89°30'00" East along the South boundary of Government Lot 2 of said Section 30, a
distance of 75.50 feet to a point of the Easterly right-of-way line of U.S. Highway No. 93, which
is also the true point of beginning of the tract of land herein described; thence
North 00'22' 18" East along said right-of-way line a distance of 600.74 feet to a point; thence
South 88'17'06" East leaving said right-of-way line a distance of 330.09 feet to a point; thence
South 00'22' 18" West a distance of 593.74 feet to a point on the South boundary of said
Government Lot 2; thence
North 89030'00" West along said South boundary a distance of 330.00 feet to the Place of
Beginning.
ALSO EXCEPTING THEREFROM:
A tract of land in Government Lot 1, Section 30, Township 29 North, Range 21 West, M.P.M.,
Flathead County, Montana, described as follows:
Commencing at the Northwest Quarter of said Section 30; thence
South 89°5521" East along the North boundary of said Government Lot 1, a distance of 61.20
feet to a point, which point lies on the East boundary line of U.S. Highway 93 and also being the
True Point of Beginning; thence
South 0°03'51" West and along the East boundary of said highway right-of-way a distance of
1,306,66 feet to a point on the South boundary line of said Government Lot 1, thence
South 89°55'21" East and along the South boundary line of said Government Lot 1. a distance of
821.04 feet to a point; thence
North 1 °24'33" West a distance of 1,307,26 feet to a point of the North boundary line of said
Government Lot 1; thence
North 8915521" West and along the North boundary line of said Government Lot I a distance of
782.43 feet to the True Point of Beginning.
Shown as Survey Plat recorded April 5, 1973 in Book 550, page 579, records of Flathead
County, Montana.
EXCEPTING THEREFROM that portion deeded to the State of Montana for highway purposes,
by instrument recorded November 16, 1995 as Document #9532008580, records of
Flathead County, Montana.
ALSO EXCEPTING THEREFROM:
A tract of land in the Northeast Quarter of the Northwest Quarter (NE'/,NW'/a) of Section 30,
Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows:
Beginning at the Northeast comer of the Northwest Quarter (NW%) of Section 30; thence
11111111111Ili 1111111111111All 1111111111Hill 111111111111111111111111111111111111111IN Page°6 of14
1/6/2012 1$1901 AM
South 00°02'50" East and along the East boundary of said Northwest Quarter a distance of 25.00
feet to a point; thence
North 89°29'51" West a distance of 25.00 feet to a point; thence
North 00°02'50" West a distance of 25.00 feet to a point on the North boundary of the said
Northwest Quarter; thence
South 89°29'51" East and along the said North boundary a distance of 25.00 feet to the Place of
Beginning.
Shown as Certificate of Survey No, 7930.
ALSO EXCEPTING THEREFROM:
A tract of land, situated, lying, and being in the East Half of the Northeast Quarter of the
Northwest Quarter (E%zNE'/4NWY4) and in the North Half of the Northeast Quarter (N'/:NE'/4) of
Section 30, Township 29 North, Range 21 West, P.M.M., FIathead County, Montana, and more
particularly described as follows to wit:
Beginning at the Northwest comer of the North Half of the Northeast Quarter of Section 30,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, thence along the North
boundary of said N'/2NEY4
South 89°28' 14" East a distance of 1963.12 feet to a point; thence
South a distance of 1324.12 feet to a point on the South boundary of said N'/zNE'/4; thence along
said South boundary
North 89°29'07" West a distance of 1962.02 feet to a point and the Southeast corner of the
F'/zNE'/4NW'/a; thence along said South boundary of said E%zNE'/NW'/4
North 89°29'55" West a distance of 663.49 feet to a point and the Southwest corner thereof;
Thence along the West boundary of said E'/zNE'/4NW%
North 00°12'04" East a distance of 1324.61 feet to a point and the Northwest corner thereof;
Thence along the North boundary of said E'/7.NE'/`NW'/4
South 89°29'51" East a distance of 632.75 feet to a point; thence
South 00°02'50" East a distance of 25.00 feet to a point; thence
South 89' 29'51" East a distance of 25.00 f6et�a point the Easesboundary of said
E'/zNE/NW`/4; thence along said East boundary
North 00°02'50" West a distance of 25.00 feet to the Point of Beginning.
Shown as Tract 1 of Certificate of Survey No. 14606.
ALSO EXCEPTING THEREFROM:
That portion deeded to the State of Montana for highway purposes, by instrument recorded
November 16, 1995 as Document #9532008590, records of Flathead County, Montana
,ALSO EXCEPTING THEREFROM:
That portion deeded to the State of Montana for highway purposes, by instrument recorded
September 12, 1995 as Document #9525508080, records of Flathead County, Montana
I llllllllll 11 lllilllll llllllilillllilllllllllllllllllilll lllll lllll lllllllllll l 111 111 llll Page: 7 000 467
Fees: gg96.00
1/6/2012 11:02 AM
Tract 6:
A tract of land situated, lying and being in Government Lot 2, Section 30, Township 29 North,
Range 21 West, M.P.M., Flathead County, Montana, and more particularly described as follows:
Commencing at the West Quarter comer of Section 30, Township 29 North, Range 21 West,
M.P.M., Flathead County, Montana; thence
South 89°30'00" East along the South boundary of said Government Lot 2 of said Section 30, a
distance of 75.50 feet to a point of the Easterly right-of-way line of U.S. Highway No. 93; thence
North 00022' 18" East along said right-of-way line a distance of 600,74 feet to a point which is
the true point of beginning of the tract of land herein described; thence
North 00'22' 18" East continuing along said right-of-way line a distance of 660.00 feet to a
point; thence
South 88°17'06" East leaving said right-of-way line a distance of 330.09 feet to a point; thence
South 00"22' 18" West a distance of 660.00 feet to a point; thence
North 88°17'06" West a distance of 330.09 feet to the Place of Beginning.
Shown as Tract 1 of Certificate of Survey No. 6116.
EXCEPTING THEREFROM:
That portion deeded to the State of Montana for highway purposes, by instrument recorded
November 16, 1995 as Document #9532008590, records of Flathead County, Montana.
Tract 7:
A tract of land, situated, lying, and being in the East Half of the Northeast Quarter of the
Northwest Quarter (E'/2NE'/4NW'/4) and in the North Half of the Northeast Quarter (WINE'/+) of
Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more
particularly described as follows:
Beginning at the Northwest comer of the North Half of the Northeast Quarter of Section 30,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; thence along the North
boundary of said N'/2NE'/4;
South 89°28' 14" East a distance of 1963.12 feet to a point; thence
South a distance of 1324.12 feet to a point on the South boundary of said N'/NE'/a; thence along
said South boundary;
North 89°29'07" West a distance of 1962.02 feet to a point and the Southeast comer of the
E%2NE'/.NW'/,; thence along said South boundary of said E'/zNE%NW'/4
North 89°29'55" West a distance of 663.49 feet to a point and the Southwest corner thereof;
thence along the West boundary of said E%2NE'/4NW'/4
North 00°12'04" East a distance of 1324.61 feet to a point and the Northwest comer thereof;
thence along the West boundary of said E'/2NEV4NW'/4
South 89°29' S1" East a distance of 632.75 feet to a point; thence
South 00°02'50" East a distance of 25.00 feet to a point; thence
I�IIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIII�IIIII�IIIIIIIII�I�II�I Page: 8of 467
1/6/2012 A 02 AM
South 89°29' 51" East a distance of 25.00 feet to a point on the East boundary of said
E'/zNE'/,NW'/; thence along said East boundary
North 00°02'50" West a distance of 25.00 feet to the Point of Beginning.
Shown as Tract 1 of Certificate of Survey No. 14606.
Tract 8:
A tract of land in the in the Northeast Quarter of the Northwest Quarter (NEW'/,NW'/,) of
Section 30, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, described
as follows:
Beginning at the Northeast corner of the Northwest Quarter (NW/4) of Section 30: thence South
00°02'50" East and along the East boundary of said Northwest Quarter a distance of 25.00 feet
to a point; thence
North 89°29'51" West a distance of 25.00 feet to a point; thence
North 00°02'50" West a distance of 25.00 feet to a point on the North boundary of the said
Northwest Quarter; thence
South 89°29'51" East and along the said North boundary a distance of 25.00 feet to the place of
beginning.
Shown as Certificate of Survey No. 7930
Tract 9:
The South Half of the Northeast Quarter (S%2NE%) of Section 30, Township 29 North, Range 21
West, M.P.M., Flathead County, Montana
EXCEPTING THEREFROM:
A tract of land in the Northeast Quarter (NE'/,) of Section 30, Township 29 North, Range 21
West, M.P.M., Flathead County, Montana, being more particularly described as follows:
Beginning at the Southeast comer of the aforesaid Northeast Quarter; thence
North 89°55' West a distance of 30.00 feet to the Westerly right of way of the County Road and
the true point of beginning of the tract to be described; thence
North 89°55 West upon the Southerly boundary of the aforesaid Northeast Quarter a distance of
727.00 feet to a point; thence
North 0°10' West and parallel to the Easterly boundary of the aforesaid Northeast Quarter a
distance of 1017.60 feet to a point; thence
North 88*56' East a distance of 727.10 feet to the Westerly Right of Way of the county road;
thence
South 0° 10' East upon the Westerly Right of Way of the county road a distance of 1030.52 feet,
more or less, to the point of beginning.
Tract 10•
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Page:
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1/6J2000
121ie.
902 AM
A tract of land, situated, lying, and being in Government Lot 4, in the East Half of the Southwest
Quarter (E'/aS W'/,) and in the West Half of the Southeast Quarter (W'/ SE'/,) of Section 30,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly
described as follows:
Beginning at the Northwest comer of the Northeast Quarter of the Southwest Quarter of Section
30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; thence South
89°28'42" East and along the North boundary of the South half of said Section 30 a distance of
1663.49 feet to a point; thence
South 00002'29" East a distance of 2618.60 feet to a point on the Northerly right-of-way of West
Reserve Drive; thence
North 8991'56" West and along said right-of-way a distance of 330.84 feet to a point on the
East boundary of said SW`/,; thence leaving said right-of-way
North 00002' 16" West and along said East boundary a distance of 694.72 feet to a point; thence
North 89132'05" West a distance of 1383.47 feet to the approximate thread of Stillwater River;
thence along said thread the following ten (10) courses:
North 51°30'46" West a distance of 36.49 feet;
North 75100'38" West a distance of 65.45 feet;
South 50°54'56" West a distance of 291.30 feet;
South 75°42'59" West a distance of 128.45 feet;
North 55°19'42" West a distance of 100.35 feet;
North 01'20' 19" East a distance of 92.74 feet;
North 48°33'35" East a distance of 191.54 feet;
North 15'0V45" East a distance of 122.29 feet;
North 11 °58'09" West a distance of] 42.46 feet;
North 22009'09" West a distance of 265.57 feet to the North boundary of Government Lot 4 of
said Section 30; thence leaving said thread
South 89°30'43" East and along said North boundary a distance of 530.58 feet to a point and the
Southwest comer of said NE'/,SW%a; thence
North 00010'27" West and along the West boundary of said NE%SW'h a distance of 1325.33
feet to the Point of Beginning.
Shown as Tract 1 of Certificate of Survey No. 12458.
Tract 11:
Tract 2 of Certificate of Survey No. 6116, located and being in Government Lot 2, Section 30,
Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, and more particularly
described as follows:
EXCEPTING THEREFROM:
That portion deeded to the Sate of Montana for highway purposes, by instruments recorded
November 21, 1995 as Document #9532510230 and November 21, 1995 as Document
#9532510240, records of Flathead County, Montana.
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EXHIBIT B
1. Right of the Public to use, for recreational and navigational purposes,
any portion of said premises lying below or beyond the line of high-water of
Stillwater River, or lying below or beyond any government meander line,
together with the right to use portions of said premises lying above the high-
water line to portage around any barriers. (Tract 10)
2. Transmission Line easement granted to the United States of America, by
instrument recorded September 7, 1951, under Recorder's Fee #4878, in Book
320, Page 558, records of Flathead County, Montana, and as shown on final
ALTA/ACSM Land Title Survey, prepared by Smith Surveying & Consulting for
Wolford Development Montana, LLC, dated August 21, 2007. (Tract 10)
3. Easement for transmission line and related purposes granted Flathead
Electric Cooperative, Inc., by instrument recorded October 2, 1964, under
Recorder's Fee #8421, in Book 467, Page 119, records of Flathead County,
Montana. (Tract 10)
4. Declaration of Conditions, Covenants, and Restrictions and any rights,
provisions, power, obligations, liens or charges as provided therein, but
omitting covenants or restrictions, if any, based upon race, color, religion, sex,
sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, or source of income, as set forth in applicable state
or federal laws, except to the extent that said covenant or restriction is
permitted by applicable law, contained in instrument recorded April 5, 1973
under Recorder's Fee #3309, in Book 550, Page 579, records of Flathead
County, Montana, and any amendments thereto. (Tract 4)
5. Easement for transmission line and related purposes granted Pacific
Power & Light Company, by instrument recorded March 12, 1976, under
Recorder's Fee #2359, in Book 594, Page 284, records of Flathead County,
Montana, and as shown on final ALTA/ACSM Land Title Survey, prepared by
Smith Surveying & Consulting for Wolford Development Montana, LLC, dated
August 21, 2007. (Tract 10)
6. Easement for transmission line and related purposes granted Flathead
Electric Cooperative, Inc., by instrument recorded June 30, 1983, under
Recorder's Fee #11812, in Book 775, Page 231, records of Flathead County,
Montana. (Tract 4)
7. A 40 foot easement for ingress, egress and utility purposes, and terms
and provisions contained therein, granted in instrument recorded January 21,
1985, under Document #8502110130, records of Flathead County, Montana,
and as shown on final ALTA/ACSM Land Title Survey, prepared by Smith
Surveying & Consulting for Wolford Development Montana, LLC, dated August
IIIhIIIIIIIIIilllllliillllllillllllllllll11llllllllillilllllllllllllllllllNllullillllllllll P20120000367
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21, 2007. (Tracts 2, 3) 1/6/19
8. Declaration of Conditions, Covenants, and Restrictions and any rights,
provisions, power, obligations, liens or charges as provided therein, but
omitting covenants or restrictions, if any, based upon race, color, religion, sex,
sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, or source of income, as set forth in applicable state
or federal laws, except to the extent that said covenant or restriction is
permitted by applicable law, contained in instrument recorded January 21,
1985, under Document #8502110150, records of Flathead County, Montana,
and any amendments thereto. (Tracts 2, 3)
9. A 60 foot declared county road known as Whitefish Stage Road, along
the East boundary as shown on Certificate of Survey #8886, County Assessor's
map, and as shown on final ALTA/AGSM Land Title Survey, prepared by Smith
Surveying & Consulting for Wolford Development Montana, LLC, dated August
21, 2007. Macts 1, 9)
10. Easement for gas pipe line and related purposes granted Montana Power
Company, recorded September 27, 1988, under Document #8827114130,
records of Flathead County, Montana, and as shown on final ALTA/ACSM
Land Title Survey, prepared by Smith Surveying & Consulting for Wolford
Development Montana, LLC, dated August 21, 2007. (Tract 10)
11. Easement for gas pipe line and related purposes granted Montana Power
Company, recorded November 1, 1989, under Document #8930511300, records
of Flathead County, Montana, and as shown on final ALTA/ACSM Land Title
Survey, prepared by Smith Surveying & Consulting for Wolford Development
Montana, LLC, dated August 21, 2007. (Tracts 1, 5, 7, 8)
12. Easement for gas pipe line and related purposes granted Montana Power
Company, recorded November 1, 1989, under Document #8930511310, records
of Flathead County, Montana, and as shown on final ALTA/ACSM Land Title
Survey, prepared by Smith Surveying & Consulting for Wolford Development
Montana, LLC, dated August 21, 2007. (Tracts 2, 3)
13. Terms and provisions regarding the Kalispell City Growth Policy 2020,
adopted by the Kalispell City Council on February 18, 2003, to the extent
applicable. (Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11)
14. Terms and provisions contained in Resolution No. 5129B, regarding the
Highway 93 North Growth Policy Amendment, recorded August 11, 2006 as
Document #200622308320, records of Flathead County, Montana, to the
extent applicable. Uracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11)
15. Easement for communications system and related purposes granted
American Telephone and Telegraph Company, by instrument recorded November
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2, 1993, under Document #9330609040, records of Flathead County, Montana,
and as shown on final ALTA/ACSM Land Title Survey, prepared by Smith
Surveying & Consulting for Wolford Development Montana, LLC, dated August
21, 2007. (Tract 10)
16. Terms and provisions regarding access control and road approaches,
contained in instruments recorded September 12, 1995 as Document
#9525508080; November 16, 1995, as Document #9532008580 and November
16, 1995 as Document #9532008590, all records of Flathead County, Montana.
(Tracts 4, 5 and 6)
17. Terms and provisions regarding access control and road approaches,
contained in instruments recorded November 21, 1995 as Document
#9532510230 and November 21, 1995 as Document #9532510240, records of
Flathead County, Montana. (tract 11)
18. Easement for transmission line and related purposes granted Flathead
Power Company, by instruments recorded February 28, 2002, under Document
#200205908510; March 13, 2002, under Document #200207209510; April 8,
2002, under Document #200209809340 and August 14, 2002, under Document
#200222608290, all records of Flathead County, Montana. (Tracts 1, 2, 3, 4, 5,
6, 7, 8, 9 and 11)
19. Terms and provisions contained in Resolution No. 2015A, regarding the
Flathead County Growth Policy, adopted by the Board of Commissioners of
Flathead County, Montana on March 19, 2007, to the extent applicable.
(Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11)
20. Overhead power lines and underground utilities, located along the East
boundaries within Whitefish Stage Road, disclosed by final ALTA/ACSM Land
Title Survey, prepared by Smith Surveying & Consulting for Wolford
Development Montana, LLC, dated August 21, 2007. (Tracts 1 and 9)
21. Terms and provisions contained in Resolution No. 5257, regarding
annexation to the City of Kalispell, Montana, and zoning, recorded February
20, 2008 as Document #200800004401, records of Flathead County, Montana.
('Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11)
22. Petition to annex and notice of withdrawal from rural fire district,
recorded February 20, 2008 as Document #200800004402, records of Flathead
County, Montana. (Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11)
23. Terms and provisions contained in Ordinance No. 1630, regarding two
planned unit development overlay zones and zoning, recorded April 10, 2009 as
Document #200900009939. records of Flathead County, Montana. (Tracts 1, 2,
3, 4, 5, 6, 7, 8, 9, 10and 11)
24. Reservations and exceptions in patents from the United States and the
State of Montana.
25. Visible or apparent easements and rights -of -way, and encroachments, if
any.
26. Building, use, zoning, sanitary and environmental restrictions, and
waivers of record.
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