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E3. Ord 1813 - Silverbrook PUD Amendment
Planning 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;�v FROM: Jarod Nygren, Senior Planner SUBJECT: Ordinance 1813 Second Reading — Silverbrook PUD Amendment MEETING DATE: September 17, 2018 BACKGROUND: This is the second reading of Ordinance 1813, an ordinance to amend approximately 17-acres of the 325-acre Silverbrook development. The request would amend a portion of the R-4 PUD Zone to RA -I TUD (Residential Apartment) with associated renderings and be known as "Stillwater Commons." The zone change request to RA- 1/PUD would accommodate a shift in development emphasis from townhomes to condominium and apartment residential uses. The requested zone change to RA-1 would permit the development of 48 condominiums and 180 apartment units, an increase of 108 units. The Kalispell City Council, at their meeting on September 4, 2018, approved the first reading of Ordinance 1813, unanimously upon roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1813, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as a portion of Tract 3, 4 and 5 of Certificate of Survey 15896, located in the NE4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana to City RA-1 with a Planned Unit Development zoning overlay with 5 conditions, in accordance with the Kalispell Growth Policy Plan It 2035, and to provide an effective date. FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1813 c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1813 AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO TJ I , SILVERBROOK ESTATES PLANNED UNIT DEVELOPMENT ENACTED tl,,. ORDINANCE NO. 1597 AND AMENDED BY ORDINANCE NO. 1785. WHEREAS, the Kalispell City Council by Ordinance No. 1597 approved the Silverbrook Estates Planned Unit Development on December 18, 2006; and WHEREAS, the Kalispell City Council by Ordinance No. 1785 approved an amendment to tlz,,, Silverbrook Estates Planned Unit Development on March 6, 2017; and WHEREAS, Kalispell Housing Group, LLC, one of the owners of a portion of Silverbrook Estates, has requested a zone change to RA-1/PUD, Residential Apartment, on approximately 17 acres of the 325 acre development; and WHEREAS, the property is currently zoned R-4/PUD, Residential, is located at 240 Church Drive and can more particularly be described as a tract of land being a portion of Tract 3, 4 and 5 of Certificate of Survey 15896, located in the Northeast Quarter of Section 13 Township 29 North, Range 22 West, P.M.M., Flathead County, Montana; 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 Silverbrook Estates Planned Unit Development be amended as set forth below. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the amendment to the Silverbrook Estates Planned Unit Development is hereby approved subject to the following conditions: 1. All applicable conditions within Ordinance 1597 (Silverbrook PUD) shall apply. 2. That the development of the site will be in substantial conformance with the documents entitled Stillwater Commons and associated submittal drawings which shall govern location of the buildings, roadways, parking, landscaping, open space, recreational amenities and pedestrian access facilities. 3. The Silverbrook Estates PUD design guidelines, bylaws and covenants shall be applied to this development where applicable. 4. All trails within the development shall be open to the general public and constructed in accordance with the Silverbrook PUD guidelines. 5. Additional trail connections shall be made between condominium buildings 4 and 5 to the East Monture Ridge sidewalk and from Silvertip Trail at the north end of the development to the trail adjacent to U.S 93. 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 Tl 1F; CITY OF KALISPELL, MONTANA, THIS 17TH DAY OF SEPTEMBER, 2018. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk REQUEST FOR AMENDMENT TO SILVERBROOK PUD KALISPELL PLANNING DEPARTMENT STAFF REPORT #KZC-18-04 August 1, 2018 The following is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request to amend the Silverbrook Planned Unit Development (PUD). A public hearing has been scheduled before the Kalispell City Planning Board for August 14, 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: Kalispell Housing, LLC 401 Baker Avenue Whitefish, MT 59937 B. Summary of Request: A request from Kalispell Housing Group, LLC to amend an approximately 17-acre portion of the Silverbrook PUD per Section 27.19.020(9)(b) of the Kalispell Zoning Ordinance. Section 27.19.020(9)(b) allows for individual property owners within the PUD to bring forth amendments, which shall be processed as an amendment to the official zoning map. The Silverbrook PUD was created by Ordinance 1597 in December of 2006, which effectively created the zoning for the Silverbrook Development. At that time, the Kalispell City Council annexed the 325-acre site. Upon annexation, the property was assigned with R-2 (Single -Family Residential), R-4 (Two -Family Residential) and B-1 (Neighborhood Buffer District) Zoning Districts. The council also approved a PUD Zoning Overlay that master planned the 325-acre site. The PUD allowed a total of 586 residential lots comprised of 466 single-family lots and 120 townhouse lots. The development also included the development of 12 commercial lots. Kalispell Housing Group, LLC is requesting a zoning map/PUD zoning overlay amendment on approximately 17-acres of the 325-acre development. The request would amend a portion of the R-4/ PUD Zone to RA-1/PUD (Residential Apartment) with associated renderings and be known as "Stillwater Commons." The requested zone change encompasses the portion of the development that was approved for 120 townhomes and was subsequently Preliminary Platted as Phase 2B. The zone change request to RA-1/PUD would accommodate a shift in development emphasis from townhomes to condominium and apartment residential uses. The requested zone change to RA-1 would permit the development of 48 condominiums and 180 apartment units, an increase of 108 units. The development consists of five 30-unit apartment buildings 3-story in height, two 15-unit apartment buildings 3-story in height and twelve 2-story condominium buildings with 4-units in each building for a total of 228 units. The 1 condominiums will have carports for each unit. The proposed layout can be summarized as follows: • Open space, landscaping and outdoor facilities (trails, gazebos and spa) 10.64 acres or 63% of the total area • Parking, roadways and Cul-de-sac 3.79 acres or 22% of total area • Condominium and apartment footprints 2.5acres or 15% of total area The proposed zone change would encompass a development designed as a transitional residential use between the Neighborhood Commercial business area to the northeast and the low -density single-family development to the south and west. C. Location and Legal Description of Property: The subject property is located at 240 Church Drive, located south of Church Drive and north of Silvertip Trail between the R-2 single-family portions of the larger Silverbrook PUD and the Neighborhood Commercial area at the northeast corner of the PUD. The property can be legally described as a tract of land being a portion of Tract 3, 4 and 5 of Certificate of Survey 15896, located in the NE4 of Section 13, Township 29 North, Range 22 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-4/PUD Zoning District. The PUD functions as an overlay for the entire Silverbrook development and outlined a mix of land uses, densities, parkland/trails, open space, roads and architectural standards. The PUD functions in concert with the underlying zoning providing an integrated development plan for the entire property. In this case, the PUD allowed for 120 townhomes within the R-4 portion of the property on the subject property. F. Proposed Zoning: The proposal would be to amend the existing R-4/PUD zoning to RA-1 / PUD. The zone change request to RA-1 / PUD would accommodate a shift in development emphasis from townhomes to condominium and apartment residential uses. The existing R-4 Zone does not permit multi -family dwellings; therefore, the applicant is requesting the RA-1 / PUD Zone in order to accommodate condominiums and apartment development. All other aspects of the original Silverbrook PUD approved would remain intact. G. Size: The subject property is 16.9-acres. H. Adjacent Zoning: North: 13-1 / PUD (Silverbrook) East: County SAG-10 across U.S. 93 North 2 South: R-2/PUD (Silverbrook) West: R-4/PUD (Silverbrook) I. Adjacent Land Uses North: Vacant land and new commercial space is under construction East: U.S. 93 North South: Vacant land and single-family residential development West: Vacant land and single-family residential development J. General Land Use Character: The area can be described as an area in transition from agriculture to urban -scale residential. Phase 1 of the Silverbrook Estates development is located south of the proposed zone change and permits 249 single-family residential lots. Phase 1 of Silverbrook was final platted in 2008 and development of the single-family lots is ongoing. A small portion of the commercial component of Silverbrook Phase 2 was recently final platted and construction of a new gym will begin shortly. 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: CenturyLink Schools: Whitefish Public Schools Fire: City of Kalispell Police: City of Kalispell L. Public Comment: There has been two letters in opposition to the project sent to City Council and those are attached hereto for reference. EVALUATION BASED ON STATUTORY CRITERIA This report evaluates the 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. 1. Is the zoning regulation made in accordance with the growth policy? The Kalispell Growth Policy Future Land Use Map designates the subject property as Suburban Residential. The Kalispell Growth Policy Plan -It 2035 states that the Suburban Residential land use category would be develop at densities not to exceed four (4) dwelling units per acre. The acreage 3 considered for residential development shall exclude commercial property and lands not suitable for development, i.e. - floodplain and slopes greater than 20%. After subtracting the 15-acres of Neighborhood Commercial at the intersection of U.S. 93 North and Church Drive and 39-acres of land not suitable for development there is 271-acres of developable land. 271- acres at a maximum density of four (4) dwelling units per acre would permit up to 1,084 dwelling units within the entire Silverbrook Development. Silverbrook is currently approved for 586 residential lots, or a density of 2.2 dwelling units per acre. The request would increase the density of Silverbrook to 694 dwelling units (increase of 108 units), or total density for the Silverbrook Development to 2.6 dwelling units per acre, well within the allowable densities of the Suburban Residential land use category. Additionally, the Kalispell Growth Policy Future Land Use Map shows a Neighborhood Commercial/ High Density Residential land use pod at the intersection of Church Drive and U.S. 93. This Neighborhood Commercial/High Density Residential land use pod was put in place at the major intersection providing a land use transition from commercial to lower density single-family development further from the highway. Although the existing Neighborhood Commercial/High Density Residential land use pod does not exactly line up with layout of the proposed development, the intent of the growth policy map is being maintained by the proposed land use. The proposed zone change would encompass a development designed as a transitional residential use between the Neighborhood Commercial business area to the northeast and the low -density single-family development to the south and west, which is what the Kalispell Growth Policy Future Land Use Map anticipated. Lastly, the Kalispell Growth Policy Plan -It 2035 The City of Kalispell Growth Policy Plan -It 2035 contains the following goals that are relevant to this particular zone change request: Chapter 3, Community Growth and Design: Goal: Encourage housing types that provide housing for all income sectors and income levels within the community. Chapter 4, Land Use - Housing: Goal: Provide an adequate supply and mix of housing that meets the needs of present and future residents in terms of cost, type, design and location. 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 RA- 1/PUD would allow for an additional 108 dwelling units. It is anticipated that the higher density housing 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 fl 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. Note that any development of vacant land will cause an increase in traffic. The purpose of the TIS is to mitigate traffic impacts that create a negative or unsafe condition, not just merely an increase in traffic. The proposed development is adjacent neighborhood commercial development, where potential residents will have access to work, or services that address their daily needs without having to make prolonged trips into other areas of the city. The commercial development is within close enough proximity that it will be accessible for pedestrians and cyclists using the proposed trail system, reducing overall vehicle trips throughout the community. The overall design eliminates three vehicle approaches along the east, west and south sides of the proposal as compared to the original design. The new design directs traffic north towards the commercial development and Church Drive. 3. Is the zoning regulation designed to secure safety from fire and other dangers? 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 the 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 a place for new residential uses at urban densities. 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 RA-1 Zoning standards and Silverbrook PUD Zoning Overlay. S. 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 5 Silverbrook PUD to insure adequate light and air are provided. The requested amendment zoning does not deviate from the RA-1 zoning standards as far as setbacks, height and lot coverage are concerned. Amending the PUD to allow for condominium and apartment development provides for a large increase of open space areas on the property versus the development of single-family residential development. As proposed, the 16.9-acre site will include 10.64-acre of open space, or 63% of the total land area, whereas, the previous design with 108 less units provided 1-acre of open space for this phase of the development. 6. Will the requested zone promote compatible urban growth? The proposed amendment allows for multi -family development that fits well as a transition from the commercial development to the north and single-family development to the south and west. The development will have its own landscaped trails and outdoor amenities, which is in keeping with the original Silverbrook PUD approval. As mentioned previously, the proposed development was an anticipated form of growth in the area, as the Kalispell Growth Policy Future Land Use Map recognizes High Density Residential as an appropriate use as a transition from the commercial to single-family residential development. 7. Is the zoning regulation designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Stillwater commons will share the infrastructure installed for the larger Silverbrook PUD. 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 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 RA-1/PUD is an appropriate designation given the growth policy land uses 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. 0 9. Does the zoning regulation consider conserving the value of buildings? City standards, Silverbrook 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 can be easily extended to serve the property. The proposed zoning is consistent with the Growth Policy Plan -It 2035 and associated Kalispell Growth Policy Future Land Use Map. CONCLUSIONS There are adjacent public services and facilities in the area to accommodate the increased density. The new street design, while similar to the original concept will discourage traffic heading south into the already established single-family neighborhood. The shifting of housing type will create an increase of open space over the original design. The overall density complies with the city growth policy. The building design increases in scale and density as the development progresses north and in so doing serves as a buffer between single-family to the south and commercial to the north. The single greatest issue resolves around neighborhood integrity and perceived expectations of the existing homeowners, which should be addressed at the public hearing. RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC 18-04 as findings of fact and recommend to the Kalispell City Council that the Silverbrook PUD amendment be approved subject to the following conditions: Conditions of Approval 1. All applicable conditions within Ordinance 1597 (Silverbrook PUD) shall apply. 2. That the development of the site will be in substantial conformance with the documents entitled Stillwater Commons and associated submittal drawings which shall govern location of the buildings, roadways, parking, landscaping, open space, recreational amenities and pedestrian access facilities. 7 3. The Silverbrook Estates PUD design guidelines, bylaws and covenants shall be applied to this development, where applicable. 4. All trails within the development shall be open to the general public and constructed in accordance with the Silverbrook PUD guidelines. S. Additional trail connections shall be made between condominium buildings 4 and 5 to the East Monture Ridge sidewalk and from Silvertip Trail at the north end of the development to the trail adjacent U.S 93. Zone Change Request Silverbrook Estates PUD Phase 2B Stillwater Commons Requested by: Kalispell Housing Group LLC 4"VAWGMGROUP Community Values. Inspired Futures 431 First Avenue East Kalispell, Montana 59901 Zone Change Request Stillwater Commons Silverbrook Estates PUD Phase 28 Contents • Cover Letter • Zone Change Application • Zone Change Narrative • Permission by Owner Letter • Exhibit 1 - Specific Site Plan for Stillwater Commons • Exhibit 2 - Existing Growth Policy & Zoning Map and Vicinity Maps • Exhibit 3 - Bird's Eye Perspective and Architectural Elevations • Exhibit 4 - Legal Description • Exhibit 5 - Aerial Vicinity Perspective • Exhibit 6 — Title Report Zone Change Request Stillwater Commons Silverbrook Estates PUD Phase 28 WGM `RauPF 1^ u July 3, 2018 City of Kalispell Planning Department Attn: Tom Jentz and Jarod Nygren 201 1 "Ave. East Kalispell, MT 59901 RE: Application for Zone Change, Stillwater Commons (formerly Silverbrook Estates Phase 2B Townhome Area) Dear Tom and Jarod On behalf of Kalispell Housing Group, WGM Group, Inc. is submitting a zone change for the area encompassed by Phase 2B of Silverbrook Estates Planned Unit Development (PUD). We assume that this request will I be reviewed by you with recommendations forwarded to the Kalispell Planning Board and City Council. The zone change request is accompanied by a specific site plan and site renderings that are illustrated in Exhibits 1 and 2 and further described in the zone change application narrative. Background: The PUD overlay for Phase 2B encompasses an area of about 17 acres that lies between the existing R-2 single-family portions of the larger PUD and the "Neighborhood Commercial" area on the northeast corner of the project which is zoned B-1. This area is currently zoned R-4 and was intended to provide an opportunity for the development of multi -family townhomes. Requested Zone Change: Kalispell Housing Group LLC is requesting a zone change for Phase 2B from R-4 to RA-1 to better accommodate a shift in development emphasis from townhomes to condominium and apartment residential uses. The area will maintain its qualities as a multi -family transitional property progressing from existing R-2 single family uses to condominiums and apartments flanked on the north and northeast by the approved B-1 neighborhood commercial area. The attached narrative and exhibits further describe the justifications for the zone change request. Sincerely, WGM Group, Inc. 1?�A 1i S Bruce F. Lutz A.S.L.A. Senior Landscape Architect and Land Planner MT LA Reg. #73, CLARB Reg. # 695 KALISPELL OFFICE 431 First AV East • KALISPELL, MT 59901 TEL: 406.756.4848 0 FAX: 406:756-4849 MISSOULA OFFICE 1111 E, BROADWAY • MISSOULA, MT 59802 TEL: 406.728.4611 0 FAX: 406:728-2476 WWW,WGMGROUP.COM Planning Department 201 1st Avenue East i e E Ns Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 im MUIVTANA � www.kalisyell.com/planning Stillwater Commons (Silverbrook Estates Phase 213) PETITION FOR ZONING MAP AMENDMENT NAME OF APPLICANT: Kalispell Housing Group LLC (attn. Jeff Swenson) MAIL ADDRESS: 401 Baker Avenue CITY/ STATE/ZIP: Whitefish, Montana 59937 PHONE: 406-253-0033 INTEREST IN PROPERTY: Active Purchase and Sale Agreement PLEASE COMPLETE THE FOLLOWING: A. Address of the property: Not Yet Established B. Legal Description: (Subdivision Name, Lot & Block and/or Tract Number (Section, Township, Range) Silverbrook Estates Phase 2B, Block 29 & 30, NE1/4 of Section 13, T29N, R22W, PMM, Flathead County, MT (See Attached Exhibit) C. (Attach sheet for metes and bounds) Land in zone change (ac) 16.9 Acres D. The present zoning of the above property is. E. The proposed zoning of the above property is: R-4 PUD RA-1 PUD F. State the changed or changing conditions that make the proposed amendment necessary: The current planned unit development plan for Silverbrook Estates Phase 2B indicated a future multi -family placeholder for 120 townhomes in the subject area proposed for a rezone. The applicant requests a re -zone of this area to a Kalispell RA-1 zone which would allow for a higher density. The applicant seeks to accommodate 48 condominiums as well as 180 apartment units in a configuration illustrated in the attached plans, drawings and perspectives. HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy See Attached Narrative B. Lessening congestion in the streets and providing safe access See Attached Narrative 1 C. Promoting safety from fire, panic and other dangers See Attached Narrative D. Promoting the public interest, health, comfort, convenience, safety and general welfare See Attached Narrative E. Preventing the overcrowding of land See Attached Narrative F. Avoiding undue concentration of population See Attached Narrative G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities See Attached Narrative 2 H. Giving reasonable consideration to the character of the district See Attached Narrative I , Giving consideration to the peculiar suitability of the property for particular uses See Attached Narrative J, Protecting and conserving the value of buildings See Attached Narrative K. Encouraging the most appropriate use of land by assuring orderly growth See Attached Narrative The signing of this application signifies approval for Kalispell Planning staff to be present on the pro erty for routine monitoring and inspection during approval process. 07 1,20 1 F) (Ap ' nt i a re) (Date) 3 Page 1 of 7 Zone Change Narrative HOW WILL THE PROPOSED CHANGE ACCOMPLISH TM INTENT AND PURPOSE OF: A. Promoting the Growth Policy: The subject 16.9-acre site (currently known as Silverbrook Estates Phase 2B) is situated within the northern portion of Kalispell's "Suburban Residential" land use designated land areas under the current Kalispell Growth Policy Map. However, when the Silverbrook Estates PUD was created in 2008, the subject property was designated as a multi-familytownhome site within the PUD. Furthermore, the site was strategically designed as a transitional residential use between the proposed "Neighborhood Business" area to the north and the proposed and now existing R-2 single-family residential area to the south and west within the PUD. Consequently, the approved PUD land use designation supersedes the growth policy mapping by re - designating the acreage as a multifamily land use opportunity. The proposed zone -change from R-4 to RA-1 is intended to respect the original PUD character and transition from single-family residential to neighborhood commercial by maintaining the single-family lots in original Block 29 and 30 and then transitioning to attractive four -unit condominiums (two side by side units stacked) and then three-story apartment units abutting the neighborhood commercial area to the north. Exhibit 1 and Exhibit 3 attached illustrate the proposed residential layout for Stillwater Commons (Silverbrook Estates Phase 2B). Exhibit 2 attached shows the relationship of the proposed zone - change area with the Silverbrook Estates PUD as well as the current growth policy map and zoning. Exhibit 4 shows the property description/plat for the 16.9-acre property. Exhibit 5 shows a contextual aerial photo oblique and features surrounding the subject site. The specific proposed Stillwater Commons land use and zone change proposal can be summarized as follows: Zone Change Narrative Stillwater Commons Silverbrook Estates PUD Phase 28 Page 2 of 7 • Open Space, Landscaping and Outdoor Facilities 10.64 Acres = 63% of Total Area • Parking, Roadways and Cul-de-Sac 3.79 Acres = 22% of Total Area • Condominium and Apartment Footprints 2.5 Acres = 15% of Total Area Of the 15% condo and apartment footprint area -areas, 38% of the sub- area is dedicated to condominiums and 62% to apartments. Only 9% of the total site area is dedicated to the apartment footprint. In summary, Stillwater Commons is intended to maintain the multi- family scenario approved with the Silverbrook Estates PUD by substituting condominiums and apartments for townhouses in a two- step transition up to the neighborhood commercial area on the north end of the development. The project will be self-contained with privately maintained drives, parking and landscaping. Importantly, trails within Stillwater Commons will be open to the public thus promoting and maintaining a pedestrian thoroughfare from the single- family residential areas through Stillwater Commons to the neighborhood commercial zone. B. Lessening congestion in the streets and providing safe access: The proposed zone -change is accompanied by a specific site plan proposal. The proposal requests a change from R-4 Residential to RA- 1 Residential Apartment including an additional 108 dwelling units over the original PUD proposal that called for 120 townhome units. Stillwater Commons has three ingress/egress points on the north end of the site. There are two major private interior road loops that access the condominiums as well as the apartment buildings. All traffic coming into or leaving the Stillwater Commons complex will utilize Silvertip Trail to access East Monture Ridge which runs north and south or they will navigate north on Diamond Peak. Most if not all departing traffic will navigate north to turn east on Church Drive and then intersect with U.S. Highway 93 at the Church Drive interchange Zone Change Narrative Stillwater Commons Silverbrook Estates PUD Phase 28 Page 3 of 7 avoiding a traffic pattern south on East Monture Ridge through the entire subdivision. Most returning traffic will turn south off of Church Drive on to East Monture Ridge or Diamond Peak and then turn east on Silvertip Trail to access Stillwater Commons or directly south into the complex from Diamond Peak. The proposed configuration of roads in Stillwater Commons will eliminate 60 proposed townhome driveways that would have intruded on public streets within the original proposed and approved Stillwater Estates PUD R-4 area. As a result, the proposed plan will direct traffic from Stillwater Commons north to Silvertip Trail greatly reducing the impact to surrounding residential perimeter and interior public streets. The route north and south on either East Monture Ridge or Diamond Peak should have an overall positive effect on congestion within the Silverbrook Estates PUD. C. Promoting safety from fire, panic a Please refer to the proposed land use coverage statistics shown in Item A above. The footprint of structures proposed within the zone change only require 15% of the total 16.9-acre site while 10.64 acres (63%) of open space, landscape and outdoor facilities and 3.79 acres (22%) of parking and roadways will be unencumbered by residential structures. The proposal includes 12 condominium buildings and 7 apartment buildings for a total of 19 structures. The approved Silverbrook Estates PUD calls for 60 townhome structures each accommodating two units. The physical layout aesthetics of the proposed Stillwater Commons allow for considerably more open area and relief from structural development and the potential forfire, panic and other dangers. D. Promoting the public interest, health, comfoi convenience, safety and general welfare: The specific proposal for Stillwater Commons along with the request for the zone change from R-4 to RA-1 within the confines of the Silverbrook Estates PUD allows for an insulated density increase and Zone Change Narrative Stillwater Commons Silverbrook Estates PUD Phase 28 Page 4 of 7 residential opportunity that fits very well as a transitional re -alignment of the subject property progressing from south to north up to and approaching the previously approved neighborhood commercial zone within the PUD. Stillwater Commons will have its own landscape, trailways (open to the public) and outdoor amenities (including a spa, shelters and site furnishings) that will have no financial or maintenance impact on the rest of the PUD or it's Homeowner's Association. Stillwater Commons will be self-contained yet it will abide by the pre-existing covenants and bylaws set forth when Silverbrook Estates PUD was approved and created. The layout of Stillwater Commons provides for an efficient use of the land with increased density and open spaces that far exceed the original townhome concept approved for Stillwater Estates Phase 2B (refer to the statistics shown in Item A above). E. Preventing the overcrowding of land: Although the proposed plan for Stillwater Commons includes a density increase from 120 townhome units to 48 condominiums and 180 apartment units, it does so with 41 fewer building structures by consolidating 180 units into 7 attractive apartment buildings and 48 condo units within 12 condominium buildings (refer to Exhibit 3 and 4). Although there will be two parking spaces per unit for a total of 456 spaces, the overall open space left over by a more efficient housing and structural layout allows for 10.64 acres (63%) of the total 16.9 acres in landscape, walkways, trails and site amenities that will be managed consistently by one entity rather than 120 separate owners. The proposal represents a strong argument for less crowding of the land as compared to the approved townhome scenario by providing concentrated and consolidated housing opportunities with lesser intrusions onto the public street network (see Item B above) F. Avoiding undue concentration of population: Stillwater Commons zone change proposes a logical alternative to the current townhome scenario by consolidating residential opportunities Zone Change Narrative Stillwater Commons Silverbrook Estates PUD Phase 28 Page 5 of 7 within the same area of the original PUD. Although the zone change allows for more density, it will do so by providing significantly more single -entity managed open space resulting in less crowding of the land.. Refer to Item E above. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities: Stillwater Commons will share in the infrastructure extensions that are already approved and provided for Silverbrook Estates PUD. WGM Group is currently assessing any additional impact to sanitary sewer, water and storm drainage that might be expected with the site layout for Stillwater Commons. The significantly larger proportion of open space associated with the new site layout as compared to the original townhouse layout will better accommodate predictable storm runoff events within the site by dedicating more infiltration and retention opportunities within the site area. The close proximity of the Church Drive and adequate ingress and egress within Stillwater Commons and Silvebrook Estates facilitates efficient vehicular movement within and outside of the proposed zone change site. H. Giving reasonable consideration to the character of the district: Currently, the 16.9-acre subject site zoned R-4 lies between an R-2 zone to the south and west and a B-1 zone to the north. The site is bounded on the east by U.S. Highway 93 and a long linear landscape mound on the west side of the highway. Given the specific site layout for the proposed zone change, the site plan calls for a progressive and transitional increase in density and structure size from south and west to north. This translates to a logical increase in land use intensity from the R-2 single-family zone through the existing R-4 zone to the existing B-1 neighborhood commercial zone. The proposed transition initiating an RA-1 zone in place of the R-4 zone gives reasonable consideration to the surrounding residential and commercial land use character. Zone Change Narrative Stillwater Commons Silverbrook Estates PUD Phase 28 Page 6 of 7 I. Giving consideration to the peculiar suitability of the property for particular uses: The proposed land uses associated with Stillwater Commons do not differ significantly from the original townhome concept for the site. The intent remains to provide a multi -family transitional residential area that graduates from condominium homes adjacent to single- family residences on the south to apartment residences to the north and adjacent to the future neighborhood commercial area. Within the proposed RA-1 area there is abundant open space as well as outdoor furnishings and facilities oriented toward the Stillwater Commons residents. The specific site plan also allows for the public to traverse the site via internal trails promoting pedestrian traffic back and forth from perimeter trails and the neighborhood commercial area. J. Protecting and conserving the value of buildings: Please refer to the attached renderings including Exhibit 1 and 3 that illustrate the use of exterior forms, shapes and materials that will meet or exceed the quality of materials already utilized for residential structure/buildings within the Silverbrook Estates PUD complex. Architectural treatment and material quality will be tightly controlled within the Stillwater Commons sub -area. K. Encouraging the most appropriate use of land by assuring orderly growth: Please refer to items A through J above. The request for a zone change from R-4 to RA-1 preserves the original intent of the Silverbrook Estates PUD to provide a transitional residential opportunity and setting between the general single-family population concentration and the neighborhood commercial hub within the project. Zone Change Narrative Stillwater Commons Silverbrook Estates PUD Phase 28 SILVERMONT PROPERTIES LP 31S PARKWAY DRIVE KALISPELL, MT June 26, 2018 City of Kalispell Planning Department 201-1 Ave. East Kalispell, MT 59901 TO WHOM IT MAY CONCERN: RE: SILVERBROOK APARTMENT/ CONDO SITE I am currently the owner of property located in the City of Kalispell in Flathead County, MT. The property may be described as follows: Silverbrook Esstates Phase 28 Block 29 & 30 NE % of Section 13, T29N, R22W, PMM Flathead County, MT. I grant permission for Kalispell Housing Group LLC represented by WGM Group, Inc. to prepare and submit as "applicant" the following applications to the City of Kalispell for the above -referenced property: Application for Zone Change Should you have any questions regarding this arrangement, please feel free to contact me at (406)531- 9206. Sincerely, M in Galts Silvermont Properties LLP ere LOT 456 - - - - - 5 a.24 acre 54 ___-LOT 455\v)o re - - 0.25 acre \ l s...� - -- -- - - - --------may Q fir._.._.._..- _. -:�_..�..��• 11 4_4 \ I ct 1 t l { 11 I I I I It I I III i C .19.1�' t t l l + , aien 1 r1 I I I 13. �hy 4 1 LOT �7 I 0. 2 3 ap re 1 I Land Use Summary I J Proposed l � II II ' ; Total Site Area = 16.9 Acres, 736,164 SF I r j l 1 Total Area in A t s = 67,475 SF, 1.55 Ac.Buildings 1-12,4 Unit Condominiums Total Area in Condos _40 296 SF, .92 Ac. Unit Apartments ++ Total Area in Rd.s and Parking = 140,787 SF, 3.23 Ac. Total Area in General Open Space = 357,100 SF, 8.2 Ac.Buildings & 3� r ,,,+r,1, ! + t + , + +++ Total Trails, Sidewalks and Parking Lot Landscape = 86,385 SF, 1.98 Ac. Total Area Condo Landscape Beds 14,280 SF, .32 Ac. Total Area Condo Garages and Patios = 16,932 SF, .39 Ac. V Total Area Shelters and Entry Landscape = 6100 SF, .14 Ac. Total Area Hammer -head Cul-de-Sac = 7405 SF .17 Ac 1 Ir+r rri Total Proposed Units = 180 Apartments, 48 Condominiums ------------------------------------ I I I I 1! r I If IIIIII I I (D C) C: co CIO I I!! I I I illlli i t i I I I, I I IIII I 1 I I I I I I I, I I III, I I 30 �� 11 + I I ' ! I I I 3 Levels ,,� ���� . ; �:f; f = _- I I `I� ; I r r 1 °� " , I I I I I� f 1 1 I 1 I Y- + ' IIIIII I I ✓� X (D LU ' r I ► I + I I 1 1 1' 11 1 1 11 r V , `\ IIIIII I 1 ! I I rl r C r+ i f+; I I r+ ! r r 1 �� JJ n 11 1'1' �' ` 1 f I! ' Y V I I 1 I I I,- ( , I�Ifll+;IrJ �Q/ Is ® - ® IIIIIIIIII i l III cO ti. 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'•, I, I i � + + 1� ++� + �r+r++1 � I I +r1 � I I � � `, — ` ��- •�`• •� , WWW.WGMGROUP.COM I Silvertip hew` ------------------- ti � M �I I I }� I I � Trail Ir1r N, ` -\N_ N.` .N +I +! Date: 07-03-2018 I I i J I+ I I - Revised: No ScaCe Preliminary Plat 11 SILVERBROOK ESTATES in SECTION 13, T.29N., R.22W., P.M.,M. FLATHEAD COUNTY, MONTANA Glr c sc= Preliminary Plat - 2008 Current Growth Policy and Zoning - Silverbrook Vicinity R-2/PUD # �& A �; hL Silverbrook PUD 191.4 June 26, 2018 a rs Suburban Residential 16.9 Acre Subject Site Vicinity Aerial lv�"' 1:18,056 0 0.1 0.2 0.4 mi 0 0.15 0.3 0.6 km Esri, HERE, Garmin, 0 OpenStreetMap contributors, and the GIS user community, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, I WGM GROUP WWW.WGMGROUP.COM Date: 07-03-2018 Exhibit 2 , f ...:- i ice` r - t11 1111 .. 1 40!1-6 �11.wl -- n�" if �• -- iG a 11 a 4vs- _ ■■ II rr �� i • O.Q- 0 WITAE w �a I'�1 I t 0 KHL15F'tLL, MUN IHNH ci �" ICJ 4 Unit Condominium Building Exhibit 3 FRONT VIEW REAR VIEW Stillwater Commons KALISPELL, MONTANA 06/27/2018 www.dwelldesignstudio.com design we studio �:pig■ le k �g i imp x Oil� Itk� IIGI ' III( 41 I I II 112V 10 � ®F—s om, LL �m Fillam C� r� IN I �■ i �i tl m I ill ,a: - - As SILVERBROOK ESTATES in SECTION 13. T29N. R.22W P.M. M. of FLATHEAD COUNTY ., MONTANA tional to be dedicated ea 1 IG xc _ LOT 487 LOTE86 LO485489MLOT48� 0s0,-3029Ta031 . 100 94 7p SLOT 484 Fox Forest Loop 6g 029are S6 6 5R LOT 483 0.37are 497 LOT 498 LOT 499 LOT 500 reo 029 029aan� 0.29a- LOT501V 52 0.37 a� LOT 482 0 O 0s 1 aan ;0 80 80 1 80 1 BLOCK 5 N x LOT481 0 26 aan 16 LOT 505 LOT 504 LOT 503 LOT 502 032 acin 0.32 aae 0 33 anc 0 37 acin 1 a LOT 480 R1 Northern 93 02R acin Trail Open Area LOTs17 , 2.19 acres o.27 air a LOT 518 az7,-, I �KN � OT 513^ LOT 54N 0.26- - 0211,-, o LOT 519` ° 0.26,,- 0,26 aa�a qC o.29 acre 4 Wood Way o h LOT 520 �027 acin �c A I 1 LOT 526� LOT 525- LOT 524 0.o27 anc M o27 ancm LOT 523p oLOT 2 LOT 521� B 1J� 8 0 9 0 > 5 � LOT 522 31 LOT 532. LOT 533 LOT 534� o.zo ac,e av aa�<. o.zo:.re LOT 535 os 1 aan v0.29 anc 539 LOT538o LOTLOT 7 g LOT 540 0.27 te,, 0 27 2 LOT 536 aae -� 0.3 acre S0.31 BL OCI 92 495 9 8 LOT 544 LOT 545 LOT 541 034-, LOT 542 113 acin _ _ LOT 543 0.3 aae , „_;_; aa�< 04s anc y Sake CHURCH DRIVE 60' wide Declared County Road Open Area 0.34 acres Open Area 148 90 180 5 5 Wi 2.61 acres 5 LOT 464 LOT 463 a r LOT473 LOT472 LOT471 LOT469 Oe os6aa�n 0i1LOT462 BLOCK 2 o m BL LOT 474 a"n o 2s a� o v aa�n o LOT 470 LOT 468 1 o o rn 029 a, _ o ozs o.n a� d; 0.3 ae ^°' B 4 1 g aa3 a�n N m rn o e 29 81 LOT 467 5 LOT 290 LOT 289 LOT 288 6 69 0 aa�n LOT 465 r 07e aa�n a46 aa�n 029 amn LOT 475 6� 6� �yti^ti � 0.33 a� �1 iz rNofthemrn 1 5 1 LOT466 147 43 133 great LOT 44114, � LOT 447 0.33 T 440 1 o za a� 0 c t LOT 476 N o.25- G. o� LOT 460 LOT 461 132 ao 71 0s aa�n - i LOT 448 c0 LOT 459 - f-2',-, I1 0 30 125 0 26 �L o za 128 0 O �R� ✓ ti0 `� °' rn o o LOT 442 LOT 450 n ^ °' LOT 439M , 029 aan LOT 446 021 aa'n Q V IN LOT 477 027,111, LOT 449 26 40 T 0.27 acre Q31 13s 12 aoin 0 3 anc LOT 458 LOT 292 LOT Y 128 '� LOT451 ,x o.28- 00 043 040 F r LOT 443 N o 24 Oro LOT 438 0 0 27 LOT 478 O_ LOT 445 ti 0.24 a- 0 33 anc _ 4 0 3a anc o LOT 457 1 7 j 1s L66 LOT 430 o LOT 452 24 aa,n �i�i Qo os3 aan �l LOT444 ozaare LOT 479 - LOT 293 0.29 anc 'n 033 acin 0.35 acre � LOT 437 � .Zra�� LOT 431 M " oa o.a a- 60 028 a� LOT 453 1-�--I LOT 291 �- �� LOT 432 0 24 LOT 456 n.c 83 oYtihPiin 0.25 aae p 11 0.24 anc M Great N LOT 433 ��Q LOT 294 0.26 a� LOT 434 5 LOT 429 LOT 454 LOT 455 ° 20 aa.° 0 3 anc N 0.27 ao-c 0.25 anc M ov,� LOT 417 N ozs LOT 418 °� LOT 435 �(� 9 L t LOT 428 11 �/ a26 aan p anc oo o.n a- °' , LOT 427 LOT436 V i 0.26- °' 1 a"° LOT 426 8 �� o o26anc tg OT416� �O1a LOT419 026amn LOT425 o.z7a� 106 0.3 a- r2 LOT 399, 0.26.E LOT 3( 1 LOT 424 O 0s aan �° LOT 420 0.316 c-, C) ,OT 415 026,-, �° LOT 400 0.31 _ LOT 423 LOT 403 LOT 421 0.26 acre 0 0.36 a� p1 o 25 a� LOT 402 LOT 401 `�9 0.25 LOT 414 �� 0.26 acre -1 �titi LOT404 2 LOT 422 29 a"n o LOT 405 LOT 413 o ti62 �y o.2s a� 027a- LOT 0 24 - LOT412- 0 25 an'c LOT 546 026,-, tigl LOT 411 0.25 a- r- LOT 547 o ze anc 1� Y O , 3 LOT 410 LOT 548 0.28 a- 0.26 - � ^b �q9 LOT 549 0.3 - LOT 407 033 acre 2y �R6 T nT nnsro Open Area 7.26 acres LOT 553 LOT 552 LOT 551 LOT 550 i55 LOT 554, r tV 0.26 acre av f 2' a"n 0.21 a� - os5 aan 51 99 5 LOT 560 556 LOT 557 LOT 558 0.29- 0.27 a� _ 02 aa�n LOT 559 l�s -�h 0.36- o°� LOT 561 9 8 'V 032anc o �rrL Fox 53 O O 7q C, 2 LOT 562 1T 570 LOT 569 33 0s4 aa'n anc 0.32- p LOT 568 53 0 37 h Q ^SLOT v LOT 563 0.35- 69 567 t, 0.32 a- 7 LOT 564 �L ^o T 0.34 aaa 16s MLOT ��0.23 W-I LOT 395 135 75 35 LOT T 298.7 � 080 32 � LOT 296 027,-, 0� 39 ,- OT LOT 297 LOT 29 0.30 acre 00 -, SO03 1 acin 0 �N Nw BLOCK 27 80 300 81 GRAPHIC SCALE 200 0 100 200 400 U) O o K 24 P N 02 C9 LOT 287 m 1.05 - Ss�o 198 7 O LOT 303 J2 9 2.56 as LOT 301 0 34 N anc �0 D N 81 N LOT 300 o.20 an�� 174 LOT 304 73 49 _ 0.37acre v LOT 319 LOT 118 LOT 317 LOT 316 LOT 31 " LOT 314 LOT 313 LOT 312 LOT 311 LOT 310 LOT 309 LOT 308 LOT U7 LOT 306 71 019 aae 0_I7 acin 0.19 anc 021- 023- 0.23 acre 0.27 acre 0.27 7, 02-- 024 acin 023- 0.21 anc 0.19 O.IA anc o 'r o m v M m 1 j v c"1 LOT 305 72 66 67 67 66 99 LO r 320 LOT 321 67 L C 2 67 LOT 333 LOT 334 0.19 anc 0.I8a,,c LO'r 322 67 67 LOT 332 0.18.E 0.23.- o _t aar LOT 3 62 69 69 69 64 LOT 331 0.21 anc 0.23 a- LOT 324 LOT 330 0.23 - N � 026 aar LOT 325 LOT 326 LOT 3 27 LOT 728 LOozs anc N 0.24,-, 0.27ao-c (1.27 02"aae 0_5 aae V 72 gg ,n coo 65 66 �3 �3 7 LOT384 31 i2 17, M LOT357 0 0.13-, 0. 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Open Area 4.98 acres 800 N89053'1 VE LEGEND 114.70' SECTION CORNER QUARTER CORNER �1 SIXTEENTH CORNER Cf) REBAR W/CAP O o C-� O m c� 1 - - - _ — - _ __ _ -� - - - w � �,_ - - --- - -•..,_ - - � - - ��`` _ - 'ice.. ��;` � - - - SC- - — _ - - _ - - _'•' -- - - �: Kidsports Addition - _ _ - - = y _ r = �. �,« -oaf - - r'1 ' :i :L ..•� ` r� 4 - - . nw `T--+► _ WNW - - .20 -t �� -- .ter*- .� - - -. _ • _ � X-� - _ .- � __ _ ___ � +� - -- ,i• •- _ - 2 M_ --__ r r - --r - - r . ;� _ _ ter. - — - •,'ri' - _ - - _ Alf r sJ Yid _.•�- - - r• _ - _ - P - - - IAO mow Mol rky - ` val i All _ + 1 Ile I y 3 i 40 ! _ Goole Earth �� _�., :� :� . r ,, . .,, t - r, 21D18 Goa gle ..�.��- �_.MS,.• .�•., _ .V_-t _ .., i:� -<. .�. -.may.. � •�+- _ 1 r)lt 'J WGMGROUP L WWW-WGMGR()UP-CC)M stewart title CLTA GUARANTEE ISSUED BY STEWART TITLE GUARANTY COMPANY a corporation, herein called the Company Exhibit 6 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Countersigned by: Main Office 211 South Main Street Kalispell, MT 59901 Agent ID: 260052 stewart title guaranty company N..A.... 1 3�'•4pFP OR9� •;•'ate-= n i°r' '• 1 9 U 8 EX ps; Matt Morris President and CEO Denise C rraux Secretary For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 63844 2222 Guarantee (6-6-92) Page 1 of 3 of Policy Serial No.: G-0000-947405138 GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms — The following terms when used in this Guarantee mean: (a) "the Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date; 2. Exclusions from Coverage of this Guarantee — The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records. (c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) (1) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured; or (c) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of assurances provided. 3. Notice of Claims to be Given by Assured Claimant — An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required, provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. No Duty to Defend or Prosecute — The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate — Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 6. Proof of Loss or Damage — In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 7. Options to Pay or Otherwise Settle Claims; Termination of Liability — In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 63844 2222 Guarantee (6-6-92) Page 2 of 3 of Policy Serial No.: G-0000-947405138 The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such Purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of the indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its option under Paragraph 5, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To Pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5. 8. Determination and Extent of Liability — This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as sated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 9. Limitation of Liability — (a) If the Company establishes the title or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Liability or Termination of Liability — All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. 11. Payment of Loss (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 12. Subrogation Upon Payment or Settlement — Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest and costs of collection. 13. Arbitration — Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Guarantee; Guarantee Entire Contract — (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. Notices, Where Sent — All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 63844 2222 Guarantee (6-6-92) Page 3 of 3 of Policy Serial No.: G-0000-947405138 MT Subdivision Guarantee 14 SUBDIVISION GUARANTEE SCHEDULE A File No.: 63844 Date of Guarantee: June 06, 2018 at 5:00 P.M. Liability: $5,000.00 A. Assured: WGM Group B. Assurances: 1. Description of the land: SEE EXHIBIT "A" ATTACHED HERETO 2. Name of Proposed Subdivision Plat or Condominium Map: Silverbrook Estates Phase 2B-A Guarantee No.: G-0000-947405138 Premium: $150.00 3. That the only hereafter named parties appear to have an interest showing in the public records affecting the land necessitating their execution of the name proposed plat or map area as follows: Silvermont Properties, LLLP Glacier Bank Kirk's Tire [Lethbridge] Ltd. File No.: 63844 MT Subdivision Guarantee STEWART TITLE Page 1 of 6 GUARANTY COMPANY MT Subdivision Guarantee 14 File No.: 63844 Guarantee No.: G-0000-947405138 SUBJECT TO: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 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 public record. 2. Any facts, rights, interest or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. 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. 6. Any service, installation or connection charge for any and all utilities, including, but not limited to sewer, gas, water or electricity. 7. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M. C. A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails. 8. No liability is assumed for errors, omissions or changes of assessed valuations or amount of taxes assessed by any state, county, city or federal taxing or assessing authority. 9. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authoring the issuance thereof; (c) water rights, claims or title to water; ditch rights; (d) any right, title or interest in any sand and gravel and/or minerals including access to and from to extract minerals, mineral rights, or related matters, including but not limited to oil, gas, coal and other hydrocarbons; whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 10. Real estate taxes or special assessments for the year(s) 2018, that are not yet due or payable. 11. For informational purposes only, do not rely upon for a tax payment indicate the taxes for the year 2017 are: FIRST HALF: $2,096.89 PAID SECOND HALF: $2,096.87 PAID TOTAL: $4,193.76 Assessor No.: 44-0012146 Tax Roll No.: 31750 Affects: Portion of Premises and Other Property 12. For informational purposes only, do not rely upon for a tax payment indicate the taxes for the year 2017 are: FIRST HALF: $2,165.79 PAID SECOND HALF: $2,165.77 PAID TOTAL: $4,331.56 Assessor No.: 75-0460013 Tax Roll No.: 50706 Affects: Portion of Premises and Other Property File No.: 63844 MT Subdivision Guarantee Page 2 of 6 Flathead County records Flathead County records STEWART TITLE GUARANTY COMPANY MT Subdivision Guarantee 14 13. Delinquent water and sewer charges of the City of Kalispell, if any. 14. Easement for the construction of State Highway granted to the State of Montana, recorded September 26, 1932 as Document #2645, in Book 211, page 166, records of Flathead County, Montana. 15. Easement for the construction of State Highway granted to the State of Montana, recorded February 7, 1933 as Document #263, in Book 211, page 283, records of Flathead County, Montana. 16. Easement for transmission line and related purposes granted to Mountain States Power Company, by instrument recorded May 30, 1952 as Document #1532, in Book 317, page 584, records of Flathead County, Montana. 17. Designation of Limited Access Highway by the State of Montana Highway Commission recorded December 7, 1989 as Document #8934009150, records of Flathead County, Montana. 18. Resolution No. 837-A creating the Highway 93 North Zoning District by the Flathead County Commissioners recorded April 27, 1992 as Document #9211812020, records of Flathead County, Montana. 19. Terms and provisions for private approach and access control contained in Bargain and Sale Deed, recorded July 21, 1992 as Document #9220311260, records of Flathead County, Montana. 20. Easement for transmission line and related purposes granted Flathead Power Company, by instrument recorded May 22, 2002 as Document #200214208300, records of Flathead County, Montana. 21. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey No. 15896, Corrected Certificate of Survey No. 15896 and Certificate of Survey No. 18842, but deleting any covenant, conditions or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 22. Terms and provisions contained in Deed recorded September 20, 2005 as Document #200526315040, records of Flathead County, Montana. 23. Terms and provisions contained in Deed recorded November 11, 2005 as Document #200532016340, records of Flathead County, Montana. 24. Easement for transmission line and related purposes granted Flathead Power Company, by instrument recorded March 2, 2006 as Document #200606108180, records of Flathead County, Montana. 25. Terms and provisions granted to the State of Montana in Bargain and Sale Deed, recorded April 5, 2006 as Document #200609515020, records of Flathead County, Montana. 26. Terms and provisions granted to the State of Montana in Bargain and Sale Deed, recorded May 23, 2006 as Document #200614314560, records of Flathead County, Montana. 27. Resolution No. 5129B creating the Highway 93 North Growth Policy Amendment by the City of Kalispell, recorded August 11, 2006 as Document #200622308320, records of Flathead County, Montana. File No.: 63844 MT Subdivision Guarantee STEWART TITLE Page 3 of 6 GUARANTY COMPANY MT Subdivision Guarantee 14 28. Resolution No. 5168 for annexation to the city by the City of Kalispell, recorded December 18, 2006 as Document #200635215450, records of Flathead County, Montana. 29. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, 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, recorded March 5, 2008 as Document #200800006090, records of Flathead County, Montana, and any amendments thereto, including but not limited to the following amendments: None 30. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, 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, recorded March 26, 2008 as Document #200800008099, records of Flathead County, Montana, and any amendments thereto, including but not limited to the following amendments: First Amendment and Restatement of Declaration of Conditions, Covenants, and Restrictions and Reservations for Silverbrook Estates, recorded January 28, 2010 as Document #201000002264, records of Flathead County, Montana. Second Amendment and Restatement of Declaration of Conditions, Covenants, and Restrictions and Reservations for Silverbrook Estates, recorded January 21, 2011 as Document #201100001589, records of Flathead County, Montana. Third Amendment and Restatement of Declaration of Conditions, Covenants, and Restrictions and Reservations for Silverbrook Estates, recorded January 12, 2015 as Document #201500000659, records of Flathead County, Montana. Fourth Amendment and Restatement of Declaration of Conditions, Covenants, and Restrictions and Reservations for Silverbrook Estates, recorded May 10, 2015 as Document #201500009666, records of Flathead County, Montana. Assignment of Declarant Right to Silvermont Properties, LLLP, recorded October 8, 2015 as Document #201500023732, records of Flathead County, Montana. Fifth Amendment and Restatement of Declaration of Conditions, Covenants, and Restrictions and Reservations for Silverbrook Estates, recorded January 18, 2017 as Document #201700001126, records of Flathead County, Montana. 31. Terms and provisions of Planned Unit Development Agreement Silverbrook Estates Subdivision, recorded April 29, 2008 as Document #200800011582, records of Flathead County, Montana. 32. Ordiance No. 1597 regarding zoning by the City of Kalispell, recorded April 20, 2009 as Document 200900009936, records of Flathead County, Montana. 33. Terms and provisions of Latecomers Agreement for Reimbursement for Municipal Water and Sewer Extensions, recorded April 29, 2009 as Document #200900011958, records of Flathead County, Montana. Assignment of Latecomers Agreement to Silvermont Properties, LLLP, recorded October 8, 2015 as Document #201500023733, records of Flathead County, Montana. File No.: 63844 MT Subdivision Guarantee STEWART TITLE Page 4 of 6 GUARANTY COMPANY MT Subdivision Guarantee 14 34. Mortgage dated September 30, 2015, to secure payment of $5,000,000.00, together with interest and any other obligations secured thereby, recorded October 8, 2015 as Document #201500023729, records of Flathead County, Montana. Mortgagor: Silvermont Properties, LLLP Mortgagee: Glacier Bank Affects: Premises and Other Property 35. Mortgage dated September 30, 2015, to secure payment of $2,000,000.00, together with interest and any other obligations secured thereby, recorded October 8, 2015 as Document #201500023730, records of Flathead County, Montana. Mortgagor: Silvermont Properties, LLLP Mortgagee: Kirk's Tire [Lethbridge] Ltd. Affects: Premises and Other Property Subordination Agreement recorded June 16, 2016 as Document #201600011700, subordinating this Mortgage to the Mortgage recorded June 16, 2016 Document #201600011669, records of Flathead County, Montana. 36. Financing Statement recorded October 8, 2015 as Document #201500023731, records of Flathead County, Montana. Debtor: Silvermont Properties, LLLP Secured Party: Kirk's Tire [Lethbridge] Ltd. Affects: Premises and Other Property Subordination Agreement recorded June 16, 2016 as Document #201600011701, subordinating this Financing Statement to the Mortgage recorded June 16, 2016 Document #201600011669, records of Flathead County, Montana. 37. Mortgage dated June 6, 2016, to secure payment of $650,000.00, together with interest and any other obligations secured thereby, recorded June 16, 2016 as Document #201600011699, records of Flathead County, Montana. Mortgagor: Silvermont Properties, LLLP Mortgagee: Glacier Bank Affects: Premises and Other Property 38. Ordinance No. 1785 adopting an Amendment to the Silverbrook Estates Planned Unit Development by the City of Kalispell, recorded March 24, 2017 as Document #201700006020, records of Flathead County, Montana. 39. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by the proposed plat(s) of Silverbrook Phase 2A-A, but deleting any covenant, conditions or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). Survey/Plat, when recorded, must be in compliance with the provisions of the Montana Subdivision and Platting Act, 1973, (Sections 76-3-101 M.C.A. through 76-3-614 M.C.A.) and the regulations adopted pursuant thereto. Easements, conditions and restrictions as disclosed or to be disclosed on proposed Survey/Plat to be recorded prior to or as part of this transaction. File No.: 63844 MT Subdivision Guarantee STEWART TITLE Page 5 of 6 GUARANTY COMPANY MT Subdivision Guarantee 14 EXHIBIT "A" LEGAL DESCRIPTION A TRACT OF LAND BEING A PORTION OF TRACT 3, 4 AND 5 OF CERTIFICATE OF SURVEY NO. 15896, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP MARKED "SULLIVAN 9095 S", FOUND AT THE NORTHEAST CORNER OF LOT 202, BLOCK 15, SILVERBROOK ESTATES PHASE 1A; THENCE S76°49'42"E A DISTANCE OF 62.45 FEET TO A POINT ON A THE EASTERLY RIGHT -OF WAY LINE OF EAST MONTURE RIDGE, SAID POINT BEING ON A 530.00 FOOT RADIUS CURVE TO THE LEFT CONCAVE NORTHWESTERLY AND HAVING A RADIAL BEARING OF N61 °40'54"WAND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8°29'48" AN ARC LENGTH OF 78.60 FEET; THENCE N19°49'17E, A DISTANCE OF 10.96 FEET TO THE BEGINNING OF A 330.00 FOOT RADIUS TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°44'21" AN ARC LENGTH OF 113.69 FEET; THENCE NO°04'56"E A DISTANCE OF 367.06; THENCE N89°46'14"E A DISTANCE OF 1135.24 FEET; THENCE S15°46'37"WA DISTANCE OF 297.44; THENCE SO°13'17"E A DISTANCE OF 195.00 FEET TO THE BEGINNING OF A 440.00 FOOT RADIUS TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21 °29'09" AN ARC LENGTH OF 165.00 FEET TO THE NORTHEAST CORNER OF LOT 272, BLOCK 1, SILVERBROOK ESTATES PHASE 1A; THENCE N68°44'08WA DISTANCE OF 158.84 FEET; THENCE S32°48'16"WA DISTANCE OF 106.27 FEET; THENCE S53°56'06"WA DISTANCE OF 105.88 FEET; THENCE S74°23'42"WA DISTANCE OF 93.04 FEET; THENCE S89°46'14"WA DISTANCE OF 104.77 FEET; THENCE SO°13'46"E A DISTANCE OF 101.23 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SILVERTIP TRAIL; THENCE N89°46'14" A DISTANCE OF 136.65 FEET TO THE BEGINNING OF A 380.00 FOOT RADIUS TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54'37'14" AN ARC DISTANCE OF 362.26 FEET TO A BEGINNING OF A 530.00 FOOT REVERSE CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°12'59" AN ARC LENGTH OF 205.51 FEET TO THE POINT OF BEGINNING. File No.: 63844 MT Subdivision Guarantee STEWART TITLE Page 6 of 6 GUARANTY COMPANY STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 63844 Page 1 Revised 11-19-2013 Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the Yes No business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non -financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information No We don't share about your creditworthiness. For our affiliates to market to you —For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies No We don't share not related by common ownership or control. They can be financial and non -financial companies. How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? request insurance -related services ■ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. STG Privacy Notice 2 (Rev 01/26/09) Independent Agencies and Unaffiliated Escrow Agents WHAT DO/DOES THE Sterling Title Services - Kalispell Branch (Main) DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Sterling Title Services - Kalispell Branch (Main), and its affiliates (" N/A "), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as Sterling Title Services - Kalispell Branch (Main), need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing Yes No customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non -financial companies. Yes No For our affiliates' everyday business purposes— information about your No We don't share creditworthiness. For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by No We don't share common ownership or control. They can be financial and non -financial companies. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do/does Sterling Title Services - We must notify you about our sharing practices when you request a transaction. Kalispell Branch (Main) notify me about their practices? How do/does Sterling Title Services - To protect your personal information from unauthorized access and use, we use Kalispell Branch (Main) protect my personal security measures that comply with federal and state law. These measures information? include computer, file, and building safeguards. How do/does Sterling Title Services - We collect your personal information, for example, when you Kalispell Branch (Main) collect my personal request insurance -related services information? • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Sterling Title Services - Kalispell Branch (Main), 211 South Main Street, Kalispell, MT 59901 File No.: 63844 Page 1 of 1