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Staff Report/Final Plat"r Office Tri-City Planning 17 Second Street East -Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity*centu rytel. n et REPORT TO: Kalispell Mayor and City Council FROM: Tomas R. Jentz, Director Chris A. Kukulski, City Manager SUBJECT Final Plat for Mountain View Plaza MEETING DATE: September 15, 2003 BACKGROUND: This is a request for final plat approval of Mountain View Plaza subdivision plat which creates nine commercial lots on approximately 37 acres. The preliminary plat approved by the Kalispell City Council on October 21, 2002 indicated there would be 11 lots in the subdivision. On May 19, 2003, the developer received final plat approval from the city for eight commercial lots but never recorded the final plat with the County. At that time, three of the proposed lots between Target and Home Depot were combined into one lot and the remaining seven lots were located along Hwy 93 for a total of eight lots in the final subdivision plat. In this latest re - submittal for final plat approval, the developer is asking for a total of nine lots. The request still shows the same seven commercial lots along US 93 but now shows two lots between Home Depot and Target. All needed public infrastructure has been completed and accepted by the Kalispell Public Works Department. A check in the amount of $50,000 as negotiated for a future fire station site has been submitted to the City of Kalispell. All other conditions associated with preliminary plat and the PUD agreement have been met. RECOMMENDATION: A motion to approve the final plat for Mountai View Plaza would be in order. ID FISCAL EFFECTS. Minor positive impacts once developed. Report compiled-. September 8, 2003 Attachments-. Letter of transmittal Final plat application and supporting documents Providing Community Planning Assistance To: • City of Kalispell * City of Columbia Falls * City of Whitefish • Tri-City Planning Office 17 Second Street East —Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity*centurytel.net September 8, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Mountain View Plaza Dear Chris: Our office has received an application from Thomas Dean and Hoskins for final plat approval of Mountain View Plaza, a subdixvision that plats nine commercial PUD lots on approximately 37.088. This subdivision plats the remaining parcels in the development which are located primarily along the west side of the site and on the east side of Hwy 93. Al of the utilities have been completed and the negotiated settlement for the fire station compensation of $50,000 has been received. Note that this subdivision was submitted to the City of Kalispell for final plat approval as an 8 lot subdivision at the May 19, 2003 council meeting. Final Plat approval was granted but the developer did not file the plat with the County. Instead, the developer is now re -applying for final plat approval to add one more lot for a total of nine lots. The developer originally received preliminary plat approval for 11 lots last October. The changes that were reflected in the May submittal and now reflect final decisions on how the individual lots between Target and Home Depot will be finally configured. The subdivision was given preliminary plat approval by the Kalispell City Council on October 21, 2002 subject to nine conditions. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. COMPLIANCE CONDITIONS OF APPROVAL Condition No. 1. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots and accesses and the PUD agreement between the City of Kalispell and Mountain View Plaza Development. This condition has been met. The final plat is in substantial compliance with the approved preliminary plat and all of the conditions of the PUD agreement have been adequately addressed or otherwise met. The preliminary plat indicated 11 lots and Providing Community Planning Assistance To: City of Kalispell * City of Columbia Falls * City of Whitefish • Final Plat for Mountain View Plaza September 8, 2003 Page 2 the final plat has nine lots. Four proposed lots between Target and Home Depot have been combined into two lots thereby reducing the overall number of lots that will ultimately be platted. Condition No. 2. That the infrastructure for the subdivision shall, be designed and constructed in compliance with the City of Kalispell's Design and Construction Standards for local streets. Certification from an engineer licensed in the state of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly. • This condition has been met. A letter from Thomas Dean and Hoskins dated 2 J 19 / 03 certifying the improvements has been submitted with the final plat. Condition No. 3. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all in including sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been reviewed and approved for compliance with those standards. • This condition has been met. A letter from the Kalispell Public Works Department dated 7/12/02 approving the plans and specifications for the project has been submitted with the final plat. Condition No. 4. A letter from the Kalispell Public Works Department shall be obtained which states that a storm water drainage plan which addresses storm water management using on -site retention methods has been reviewed and approved. This condition has been met. A letter from the Kalispell, Public Works Department dated 7/12/02 approving the plans and specifications for the project has been submitted with the final plat. Condition No. S. That a letter be obtained from the Kalispell, Fire Department approving the number and location of fire hydrants within the subdivision, the access and suppression system and compliance with the Uniform Fire Code. • This condition has been met. A letter from the Kalispell Fire Marshal dated 2/27/03 approving the fire access and suppression system as well as the hydrant locations has been submitted with the final plat. Condition No. 6. That any areas disturbed during construction be re -vegetated with a weed -free mix in accordance with a plan approved by the Kalispell Parks and Recreation Department. • This condition has been met. A letter from the Parks and Recreation Department dated 2/20/03 approving the re -vegetation plan has been submitted with the final plat and the re -vegetation has been nearly completed and verified with an on -site Final Plat for Mountain View Plaza September 8, 2003 Page 3 inspection. The remaining landscape work has been covered by a bond posted that has already been posted with. the City in conjunction with the PUD. Condition No. 7. All new utilities shall be installed underground. • This condition has beers. :rs7.et. A letter from Thomas Dean and Haskins dated 2 / 19 f 03 certifying the improvements has been submitted with the final plat. Condition No. S. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • This condition has beers. met. A.11 of the necessary infrastructure has been completed prior to final plat subrM*ttal. Condition No. 9. That the preliminary plat shall be valid for a period of three years from the date of approval. ■ This condition has beers. met. The final plat for this subdivision has been submitted prior to expiration. COMPLIANCE ''ACTH ,APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the city council on October 21, 2002. A minor modification to the number of lots that were initially approved has been made by reducing the number of lots from eleven to nine. COMPLIANCE WITH THE SUBDIVISION REGULATIONS. This subdivision plat has been found to be in compliance with the Mate and City Subdivision Regulations. Taxes are current. A consent to plat has been provided by Whitney National Bank. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with. the Mountain View Plaza Planned Unit Development and the development agreement executed between the City of Kalispell and Crosswell Development. .All of the conditions of preliminary plat approval have been met or otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for Mountain View Plaza. Please schedule this matter for the regular city council meeting of September 15, 2003. Final Plat for Mountain View Plaza September 8, 2003 Page 4 Sincerely, Thomas R. Jentz, MCP Director Tj/ Attachments: I opaque mylars of final plat I reproducible myla-r of final plat 1 copy of final plat Final plat application dated 3 / 19 / 03 Engineer's certification dated 2 / 19 / 03 Ltr from MDEQ dated 2/6/03 Ltr from Dick Amerman KPW dated 7 / 12 / 03 Ltr from Dick Amerman KPW dated 1/ 14/03 Ltr from Jim Stewart KFD dated 2/27/03 Ltr from Mike Baker KPR dated 2/20/03 Consent to plat from Whitney National Bank dated 2/19/03 Treasurers Certification dated 3/3/03 Title report dated 9/8/03 Check for $50,000 - donation for fire station property c T D & H, 690 N. Meridian Rd., Suite 101, Kalispell, MT 59901 Mountain View, LP; c/o, Scott Deskins, SCC Development, 301 Congress, Suite Austin, TX 78701 Theresa White, Kalispell City Clerk H:\ ... \KFP03-1A.DOC T'ri-City Planning Office 1.7 Second St fit, Suite 211 Kalispell, MT S9901 Phone: (406) 7S1-1SSO Pax: (406) 7a1-1.. . .8S8 FINAL PLAT APPLICAI~ION Project None: Mountain Vier Plaza Subdivision Contact Person: Naarr e0 Richard J. Swan, P.L.S. Address: Thomas, Doan & Hoskins, Inc. 690 N. Meridian, suite 101, Kalispell, MT 59901 Phone No.: 406-752-5246 Owmer &v Mailing Address: Fountain View, LP c/o Scott Deskins, SCC Development 301 Congress, Suite 2100 Austin, TX 78701 Date of Preliminary Plat Approval: October 21, 2002 -Resolution 4749 Type of Subdivision: Residential Industrial Commercial X No. of Lots Proposed g Parkland (acres) nla Land in Project (ac.) 37-08$ Cash -in -Lieu $ Exempt FILLING FEE ATTACHED 8 150 PUD Other Minor Subdivision with approved preliminary plat $300 + $25/lot Major Subdivision with approved preliminary plat $500 + $25/lot Subdivisions with Waiver of Preliminary Plat $450 + $25/lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (MUST CHECK ONEI Health Department Certification (Original) �. Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid)1) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X Plats: 1 opaque OR 2 Mylars 1 Mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned The plat must be signed by all owners of record, the surveyor and examining land surveyor. 1 Attach a letter, which lists each condition of preliminary plat approval., and individually state hour each condition has specifically been. met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A. complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Tri-City Planning office, and the staff finds the application is complete, the staff will submit a. report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittalswill not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board.. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision rural plat applications be accompanied with a coital copy. 44 Owner(s) Signa re � 1l Date **A digital copy of the final plat in. a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Basements 4. Roads or rights -of -way S. A. tie to either are existing subdivision corner or a corner of the public land survey system As approved by the TCPB on 12 J 19 / 01 Effective 1 / 1 / 02 ENGINEER'S CERTMCATION STATEMENT I hereby certify that all water, sewer, storm drain and road improvements constructed to date as part of the Mountain View Plaza development are in substantial compliance with plans and specifications approved by the City of Kalispell and Montana Department of Environmental Quality and comply with all applicable requirements thereof. _V0103 Wk I Munsinger, 1 669 P.E. Date 0 Thomas, Dean & Hoskins, Inc. .2 N TA Ajxj MARK J. MUNSING�R� BA RRK j M Sl U LNG E R 6 .10669PE %.0611 '0 N A '11�� �- J.\2000\KOO-0841KOO-084 General Correspondence - Billing\worffeb 19.03 Engineer's Certification Statement.doe Thomas, Dean & Hoskins Ine Richard J Swan PLS 6 r' r, r n nr a _ C IJL Kalispell SIT 59901 Dear Mr Swan: February 6, 2003 THU n.L) MAS 0' -93 RE: Mountain View Plaza Municipal Facilities Exclusion EQ#03-2097 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this Subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-124, MCA, this subdivision is not subject to review, and the plat can. be filed with. the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 176-4-111 (3), MCA}. Construction of water or sewer extensions prior to approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the water Protection Bureau, Kalispell Office for their review Sincerely, cc: City Engi veer, County Sanitarian file Centralized services Division - Enforcement Division - Permitting& Compliance Division - Planning, Prevention& Assistance Division , Rern diction Division City of Kalispell July 12, 2002 Mark. Muns ger, P.E. Thomas, Dean & Hoskins, Inc. 690 Forth Meridian, Suite 101 Kalispell, .Mt. 59901 Re: Mountain view Plaza, Phase 2 Dear Mark: The plans and support*Ing documents for the referenced project have been reviewed and are hereby approved. Attached is a copy of the letter of approval sent to the City -County Health Department. As -Built drawings will be required prior to dal acceptance. we look forward to working with you on this project. Copy To: Dick Montgomery, P.B. Envirom-ental Health Services Flathead City -County Health Department Attachment: As Stated By Messenger S_ ... . .. . .............. .... . ...... .. .. ......... ...... Kalispell CPty 01 Post Offix Box 1997 - MW%wlL Montana 59903-1997 - Tdq&aw (406)758-7700 FaA4OM758-7758 THOMAS fiOSKIM January 14, 2003 Job NO. Mark Munsinger, P.E. Thomas,, Dean & Hoskins, Inc. 690 North Meridian, Suite 101 Kalispell, Mt. 59901 Re: Mountain View Plaza, Phase I and Phase 2 Pro 0 ect Acceptance I Dear Mark: The Public Works Department has received the as -built drawings for the referenced project and your certification letter dated January 1Q, 2003. This proj"ect is hereby accepted by the City and the one year guarantee peri od d bns on this date. You are remanded that the contractor is required to maintain a maintenance bond during the guarantee period. We enjoyed working with you and the contractor on this Project. I�oo-o,;3V-&3o Richard J. Swan 690 North Meridian, Suite ICY'., Kalispell, MT 59901 F In response to your request for written approval of the ......... project we have the following comments. I hope this information is useful. Please feel free to contact me if you have any questions-. Sincerely, Jim Stewart Assistant Chief/Fire Marshal Kalispell Fire Department li�lil��lltp 711111731pii�1�1!1 Ci'oty of Kallospell .............. ..... ..... 'I, .. . .... . .. . . .. ... ...... .................................... Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 February 20, 2003 Thomas, Dean and Hoskins Attn-. Richard J Swan, P.L.S. 690 N. Meridian, Suite 101 Kalispell MT 59901 Re: Mountain View Plaza Dear Mr. Swan: Please find enclosed your revegetation plan for Mountain View Plaza subdivision, with my endorsement signature. If I can be of further assistance, please do not hesitate to call. enc: Parks and Recreation Tree List `'• ; : r: < : A:. § g bra �,; ij & 0"A F E B q-V 2003 10' Pursuant to Section 76-3-612, Montana Code Annotated,,1979,, the undersigned, acting on behalf of Whitney National Z#km Bank, bem'S an owner of itterest in the property to be subdivided as: MOLMAIN VRW FLAZA SUBDMSION do hcrcby consent to the platting of said subdivision. Notary Public for the State of I (&OC K Resid�ng at _T I My Corram" ssion Expires F E [13� Flat Room I'lathecad County, montcana 800 S. Main St. Kalispell, MT 59901 (406) 7513- 5510 This Form is for Subdivisions & Couidom inIUMS O f[y 13 Y: --rD f t� 8 - _ i ceI iiy I IIat thel o AI i' I mItstL-111 d ltttxt's (-.t5s1(j11Qt.(f Ilm assess tlt tmh(� t S 15t.('_d ahovel I m 1 lle ; 0ill (µ�Ich assessor 1111tt1i fj�-. i - w ....i_:.. ,, .. m .. .,,..... :... �.... . .;... .. .. ......s. ... ,....-.. .._ ,0-0 City of Kalls'pel Donation for .tire Stalon Property 5000.00 Whitney National Bank . 50,000.00 S T AME R I � c FirstAmeri"can TitleInsurance Company r. _.... _ _ HFarm No. 1282 (Rev. 12/15/95) CT-"73 896 H 329601 FEE: $125.00 SUBDIVISION OR PROPOSED SUBDIVISION: Mountain. View Plaza Subdivision SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A. PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES Thomas, Dean & Hoskins Inc. FOR. THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described as follows: A parcel of Land Located in the Northwest Quarter of Section 31, Township 29 North, Range 21 test, P ..N . M. , Flathead County, Montana, being more particularly described as follows: Commencing at the Southeast corner of Tract 2 of Certificate of Surrey No. 13919, records of Flathead County, and. the Point of Beginning; thence North 89*56°28" West along the South boundary of said tract, a distance of 366.85 feet; thence North a distance of 449.02 feet; thence Nest a distance of 474.85 feet; thence North a distance of 57.1.9 feet; thence West a distance of 444.89 feet; thence South 00 ° 02' 0'7" West a distance of 505.34 feet to a point on the South boundary of Tract 1 of said Certificate of Survey; thence North 89 ° 5'7' 53" West along said boundary, a distance of 373.48 feet to the Southwest corner of said tract, said corner being on the East right-of-way of U.S. Highway 93; the following five (5) courses are along said right -of --gray; thence North 00 ° 12' .10" East a distance of 375.07 feet; thence South 89°08'36" East a distance of 20.00 feet; thence North 00006'46" East a distance of 641.11 feet; thence North 88059157" West a distance of 20.00 feet; thence North 00°06'49" East a distance of 640.64 feet; thence South 89°54'08" East a distance of 233.25 feet; thence Forth 1.8014'0111 East a distance of 252.46 feet to a point on the South right -of --way of West Reserve Drive; thence Continued... FILE NO.: CT-73896 Page 2 H 329601 South 89*57'10" East along said right-of-way, a distance of 67.80 feet to the Northwest corner of Parcel I of Certificate of Survey No. 14680, records of Flathead County; the following four (4) courses are along the West, South and East boundaries of said Parcel; thence South a distance of 743.10 feet; thence East a distance of 718.26 feet; thence North a distance of 556.74 feet; thence North 12020,152" West a distance of 160.26 feet to a point on said South right-of-way of West Reserve Drive; thence South 89037,2811 East along said right-of-way, a distance of 94.15 feet to the Northeast corner of Parcel 2 of said Certificate of Survey No. 14680; thence South 14"56'4511 East along the East boundary of said Parcel 2, a distance of 1932.63 feet to the Point of Beginning. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS: Mountain View Plaza Subdivision (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues and other easements offered for dedication dedication by said Plat are: Mountain View L.P., a Montana limited partnership AND Whitney National Bank (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county and city taxes for the year 2003, a lien not yet payable. NOTE: General and special county and city taxes for the year 2002 and all prior years have been paid in full. Continued... FILE NO.: CT-73896 Page 3 H 329601 3. Mortgage dated May 28, 2002 to secure an indebtedness in the principal sum of AMOUNT $4,000,000.00, and any other amounts and/or obligations secured thereby. RECORDED June 5, 2002, as Doc. No. 2002-156-16560, records of Flathead County, Montana. MORTGAGOR Mountain View, LP MORTGAGEE Whitney National Bank Modification agreement recorded October 15, 2002, as Doc. No. 2002-288-15430, records of Flathead County, Montana. The lien of this Mortgage has been subordinated to the lien of the Lease noted in paragraph 14 by instrument recorded November 14, 2002, as Doc. No. 2002-318-16120, records of Flathead County, Montana. 4. Deed of Trust dated May 9, 2003, to secure an .indebtedness in the principal sum of AMOUNT $20,478,390.00, and the total princial indebtedness that may be outstanding at any glen time which is secured by this Deed of Trust in $30,000,000.00 and any other amounts and/or obligations secured thereby RECORDED May 15, 2003, as Doc. No. 2003-135-160101 -Y, M-n-11--a-a. records of Flathead county, L I GRANTOR Mountain View, LP TRUSTEE William D. Lamdin, III BENEFICIARY: Whitney National Bank 5. Assignment of Lease and Rents, dated May 9, 2003 and recorded May 15, 2003 as Doc. No. 2003-135-16020, records of Flathead County, Montana. 6. Financing Statement RECORDED : May 15, 2003, as Doc. No. 2003-135-16030, records of Flathead County, Montana. DEBTOR : Mountain View, LP SECURED PARTY: Whitney National Bank ( 3 ) Easements, claims of easements and restrictions agreement of record are: 1. County road rights -of -way not recorded and indexed as a conveyance in the office of the Clerk and Recorder pursuant to title 70, chapter 21, M.C.A. Continued. . . . FILE NO.: CT-73896 Page 4 H 329601 2. Easement to enter and erect, operate, maintain, repair, rebuild and patrol one or more electric power transmission lines, granted to the United States of America, recorded September 27, 1951, in Book 330, Page 68, as Doc. No. 5268, records of Flathead County, Montana. 3. B.P.A. power line, as shown on Certificate of Survey Nos. 7860, 13919 and 14680, records of Flathead County, Montana. 4. Easement for a gas pipeline granted to The Montana Power Company recorded 4eptember 6, 1988, as Doc. No. 88-250-11360, records of Flathead County, Montana. 5. Terms and condition of Resolution: Designation of Limited Access Highway, recorded December 6, 1989, as Doc. No. 89-340-09150, records of Flathead County, Montana. 6. Easement for electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded February 7, 1983, in Book 759, Page 715, as Doc. No. 2070, records of Flathead County, Montana. 7. Resolution of Designation of Limited Access Highway (U.S. 93) executed by the State of Montana Department of Highways, recorded April 15, 1985, as Doc. No. 85-105-15010, records of Flathead County, Montana. 8. Terms and Conditions contained in Planned Unit Development Agreement for Mountain View Plaza recorded June 14, 2001 as Doc. No. 2001-165-15150, records of Flathead County, Montana. Amended by Ordinance No. 1436 by the City of Kalispell and Croswell Development recorded March 4, 2003 as Doc. No. 2003-063-09500, records of Flathead County, Montana. 9. Restriction Agreement and Grant of Easement upon the terms, conditions and provisions contained therein: PARTIES : Mountain View L.P. and Home Depot U.S.A., Inc.. RECORDED: June 14, 2001, as Doc. No. 2001-165-15230, records of Flathead County, Montana. Continued. . . . FILE NO.: CT-73896 Page 5 H 329601 10. Memorandum of Development Agreement upon the terms, conditions and provisions contained therein: PARTIES : Mountain View L.P. and Home Depot U.S.A., Inc. RECORDED: June 14, 2001, as Doc. No. 2001-165-15240, records of Flathead County, Montana. 11. Restated Restriction Agreement And Grant Of Easements Agreement upon the terms, conditions and provisions contained therein: DATED : April 16, 2002 PARTIES : Home Depot U.S.A., Inc.. and Target Corporation RECORDED: April 19, 2002, as Doc. No. 2002-109-16040, records of Flathead County, Montana. 1st Amendment to Restated Ristriction Agreement and Grant of Easement by and between Mountain View LP, Home Depot U.S.A. Inc. and Target Corporation, recorded November 26, 2002, as Doc. No. 2002-330-08390, records of Flathead County, Montana. 12. Temporary Construction Agreement And Easement Agreement upon the terms, conditions and provisions contained therein: DATED : May 13, 2002 PARTIES : Hutton Family Trust U/A/D June 30, 1995 and Mountain View, LP RECORDED: July 30, 2002, as Doc. No. 2002-211-08390, records of Flathead County, Montana. 13. Easement for the purpose of installing and maintaining a utility granted to City of Kalispell, recorded September 5, 2002, as Doc. No. 2002-248-09230, records of Flathead County, Montana. 14. Memorandum of Lease upon the terms, the lease: RECORDED November 14, 2002, as Doc. records of Flathead County, LESSOR Mountain View, LP LESSEE Borders, Inc. 15. Memorandum Lease upon the terms, therein: RECORDED March 10, 2003 as Doc. No. records of Flathead County, LESSOR Mountain View, LP LESSEE The TJX Companies, Inc. conditions and covenants contained in No. 2002-318-16110, Montana. conditions and covenants contained 2003-069-09520, Montana. Continued. . . . FILE NO.: CT-73896 Page 6 H 329601 16. Memorandum Lease upon the terms, conditions and covenants contained therein: RECORDED : April 4, 2003 as Doc. No. 3003-094-10540, records of Flathead County, Montana LESSOR : Mouontain View, LP LESSEE : The TJX Companies, Inc. 17. An unrecorded Lease as disclosed on Subordination, Non -Disturbance and Attornment Agreement, recorded June 17, 2003 as Doc. No. 2003-168-10310, records of Flathead County, Montana. The lien of this Lease has been subordinated to the lien of the Trust Indenture noted as exception No. 4 on Page 3, by instrument recorded June 17, 2003 as Doc. No. 2003-168-10310, records of Flathead County, Montana. 18. Subordination Attornment and Non -Disturbance Agreement upon the terms, conditions and provisions contained therein: DATED Feburary 21, 2003 PARTIES Mountain View, LP and PETCO, Inc. RECORDED: June 3, 2003, as Doc. No. 2003-168-10310, records of Flathead County, Montana. 19. Subordination, Non-Distrubance and Attornment Agreement upon the terms, conditions and provisions contained therein: DATED : May 9, 2003 PARTIES : Whitney National Bank and Borders Inc., a Colorado corporation RECORDED: June 17, 2003, as Doc. No. 2003-168-10320, records of Flathead County, Montana. 20. Subordination, Nondistrubance and Attornment Agreement upon the terms, conditions and provisions contained therein: DATED 0 May 9, 2003 PARTIES Whitney National Bank and Pier 1 Imports (U.S.). Inc. RECORDED: August 6, 2003, as Doc. No. 2003-218-09510, records of Flathead County, Montana. 21. Easements as shown on the unrecorded Plat of Mountain View Plaza Subdivision, records of Flathead County, Montana. Continued. . . . FILE NO.: CT-73896 Page 7 H 329601 22 . The above described property lies within and subject to the jurisdiction of the Kalispell Fire District. DATED: August 26, 2003 at 8:00 A.M. STATE OF MONTANA )ss- COUNTY OF Flathead ) On this day of September, .2003, before me, a notary public in and for said State, personally appeared ... ......... known to one to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official notary seal the day and year in this certtif-icate first above written. NORMA KESTER NOTARY PUBLIC-MONK"ANA Z Residing at Kalb pefl, Montana Notary Public for State- of Montana Mv C")-nn, Expires May 8, 2004 THE END REPRESENIVION OF THE LOCATION OR EXISTENCE OF TRACTS OF REC RD, 'MLII? LJOUN 0