Staff Report/Final Plat Phase IIREPORT TO.
FROM:
SUBJECT
MEETING DATE:
City of Kalispell
Planning Department
17 - 2fd Street East, Suite 211. Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
website: kalispellplanning.corn
Kalispell Mayor and City Council
Sean Conrad, Senior Planner
James H. Patrick, City Manager
Final Plat for Spring Prairie Center Phase II
November 6, 2006
BACKGROUND: This is a request from Morrison Maierle, Inc. for final plat approval
of Spring Prairie Center Phase II that plats 4 commercial lots on approximately 16. S
acres. The property is located on the vest side of US Hwy 93 approximately 'A mile
south of the intersection of west Reserve Drive and US Hwy 93. The property can be
described as being within the NE 1I4 of Section 36, Township 29 North, Range 22 west,
P.M. M . , Flathead County, Montana.
The Kalispell City Council approved this subdivision subject to 20 conditions on
December 1, 2003. All of the conditions have been adequately met or otherwise
adequately addressed.
RECGMMENDATIGN: A motion to approve the final plat for Spring Prairie Center
Phase II would be in order.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully sub ' ed
f
ij
i Fi
Sean Conrad
Senior Planner
Report compiled: October 23, 2006
,s
\)James H. Patrick
City Manager
Attachments: Letter of transmittal
Final plat application and supporting documents
City of Kalispell
Phunting DEe partme nt
17 W- 2nd Street Fast, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751 -1850
Fax: (406) 751-1858
website: kalispellplanning.com
October 31, 2006
Jaynes H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903-1997
Re: Final Plat for Spring Prairie Center Phase II
Dear Jim:
Our office has received an application from Morrison Maierle, Inc. for final plat
approval of Spring Prairie Center Phase II that plats 4 commercial lots on
approximately 16.5 acres. The property is located on the west side of US Hwy 93
approximately 1I4 mile south of the intersection of west Reserve Drive and US Hwy 93.
The property can be described as being within the NE 14 of Section 36, Township 29
North, Range 22 west, P.M.M. , Flathead County, Montana.
The Kalispell City Council approved this subdivision subject to 20 conditions on
December 1, 2003. Ail of the conditions have been adequately met or otherwise
adequately addressed.
The follow g 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.
COIM PLIANCE CONDITIONS OF "PROVAL
Condition 1.That the development of this site will be in compliance with the adopted
Spring Prairie PUD and PUD agreement adopted in December 2001 as amended.
(Spring Prairie PUD).
• This condition is met. The design and development of the site has been in
accordance with the December 2001 Spring Prairie PUD and the PUD
amendment approved on December 1, 2003.
Condition 2.That the development of the site will be in substantial conformance with
the approved preliminary plat documents entitled Spring Prairie Center and associated
submittal drawings which shall govern the general location of the Lots, easements,
roadways freestanding signage, landscaping and pedestrian access facilities except as
modified by the conditions listed herein. Those documents are listed below. (Kalispell
Sub. Regs. Appends C -Final Plat I(A) Contents of final plat.)
• Spring Prairie Center Site plan dated 10 / 1 6 / 03
• Spring Prairie Center Preliminary Plat Document A-1. dated 10 / 6 / 03
• Spring Prairie Center Site Drainage Concepts DP dated 9 / 30 / 03
• Spring Prairie Proposed Infrastructure Section 36, T29N, R22W as approved
by DNRC
• Spring Prairie Center Phasing Schedule dated 10 / 1 6 / 03
• Spring Prairie Center Phase One Utility and Road Infrastructure dated
9/30/03
• This condition is met. The design and development of the site is in substantial
conformance with the approved preliminary plat and associated submittal
drawings.
Condition 3.That the public streets serving the subdivision shall be constructed in
accordance with the adopted Design and Construction Standards for the City of
Kalispell for local streets. (Kalispell Sub. Regs. Section 3.01 & 3.09A) .
• This condition is met. The public streets serving the subdivision have been
constructed to either meet or, in the case of Reserve Loop, exceed the Design
and Construction Standards for the City of Kalispell for local streets.
Condition 4.The road within, the subdivision shall be named and signed in
accordance with the policies of the Kalispell Public Works Department and the
Uniform Traffic Control Devices Manual and be subject to review and approval of the
Kalispell Fire Department. (Kalispell Sub Regs. Sections 3.09 K(7) 8& M) .
• A letter from Brent Christopherson, Assistant Fire Chief, approves the naming
of Reserve Loop for the subdivision.
Condition 5.A storm grater drainage plan which has been designed by an engineer
licensed in the state of Montana shall be prepared which complies with the City's
Design and Construction Standards and said plan shall be reviewed and approved by
the Kalispell Public Works Department. (Kalispell, Sub. Regs. Section 3.12 A).
■ The storrnwater drainage plan for Spring Prairie Center was included in the Basis
of Design document for the subdivision. A letter from the Kalispell Public Works
Department dated July 29, 2004 states that the Department has reviewed and
approved the Basis of Resign document.
Condition S.That a letter be obtained from the Kalispell Public Works Department
approving the plans and specifications for grater, sewer and drainage facilities for the
subdivision. (Kalispell. Sub. Regs. Section 3.12 --- 3.15).
• The water, sewer and drainage plan for Spring Prairie Center was included in the
Basis of Design document for the subdivision. A letter from the Kalispell Public
Works Department dated July 29, 2004 states that the Department has reviewed
and approved the Basis of Design document.
Condition 7.A letter from an engineer licensed in the State of Montana certifying that
the improvements have been installed according to the required specifications shall be
submitted at the time of final plat approval along with a letter from the Kalispell Public
Works Department stating that the required improvements have been inspected and
comply with the City standards. (Kalispell Sub Regs. Sections 3.09, 3.11 W- 3.15).
* A letter from William Buxton, P.E. dated December 5, 2005 states that the
improvements have been built in general accordance with the approved plans
and specifications. A letter from Frank Castles, P.E. dated December 7, 2005
states that the Kalispell Public Works Department has approved the existing,
completed city owned improvements for the subdivision.
Condition 8.The two major east -west roads (one on the north and the other on the
south) exiting out onto proposed traffic lights will be dedicated to the City. All
remaining roads will be private in terms of ownership and maintenance. (Site Review
Committee) .
* A sixty-five foot wide right-of-way for Reserve Loop is being dedicated to the City
of Kalispell as part of Phase II. The private roads within the subdivision will be
maintained by the property lessee in accordance with the Amended and
Restated Easements, Covenants, conditions and restrictions.
Condition 9.The two city streets extending east -west form the proposed traffic signals
should be designed to minimum Collector Road Standards. (Kalispell Subdivision
regulations Sec. 3.09, Table 1).
* Reserve Loop, the City street being dedicated as part of Phase II, has been
designed to exceed the Collector Road Standards in the Kalispell Subdivision
Regulations by an expanded right-of-way of 65 feet and a pavement width of 37
feet.
Condition 10. The southerly east -west City street which forms the southerly
boundary to the subdivision shall be accessible and available to provide coordinated
access to the lands to the south including the DNRC State office Complex and the
Kalispell Kid's Sports site.
* Reserve Loop has been designed to be accessible and available to provide
coordinated access to the lands to the south including the DNRC State Office
Complex and the Kalispell Kid's Sports site.
Condition. 11. The applicants engineer shall certify to the City that it has
received access approach permits from MDT and that all conditions of each access
permit, including required traffic studies and required improvements have been
achieved and or installed to the satisfaction of MDT. (Per request of Steve Herzog,
Maintenance Supervisor, MDT Kalispell office).
* This condition is met. A letter from MDT dated August 15, 2006 states that the
Department has agreed to defer the necessary work to complete this
intersection to coincide with the Hutton Ranch Development. The work
necessary to complete the intersection includes a seal and cover and final epoxy
striping. The intersection is expected to be completed by next summer.
Condition 12. Pedestrian access shall be provided as shown on the Spring Prairie
Center "Site Plan" dated 10 / 15 /03. In addition to and for clarification the followin g
shall apply:
a. A pedestrian bike trail (typically a minimum of 10 feet wide) shall be
constructed along the entire US Highway 93 frontage with each phase.
The bike path shall be integrally designed into the landscape plan
required between the curb line of US 93 and the 20 foot required
landscape buffer required by the PUD.
b. All sidewalks extending westerly from the three main access roads shall
integrate into and connect with the Highway 3 bike path.
C. In lieu of a sidewalk, a bike trail should be constructed along the south
side of the southerly major east -wrest access road which forms the
southern boundary of phase 2 of the subdivision.
d. In addition, one two cash -west sidewalk corridors per major tenant
parking lot are shown and will be required to extend through the main
tenant parking lots in Phases 1 and 2. The sidewalk should be
coordinated with the main entrance of the major tenant store.
e. North -south sidewalks will be required along two north -south corridors
provided in this subdivision.. First, a sidewalk will be required along the
complete length of the internal private access road that parallels US 93
and bisects the traffic circle. Second, a sidewalk will be required along
the fronts of the major building pads including Lowe's extending from the
south boundary bike trail to the north boundary of the subdivision in a
continuous fashion
f. Phase 3 shall have the same pedestrian access treatment as specified
above for Phases 1 8r, 2. Each internal street shall have detached
sidewalks with landscaped boulevard. Sidewalk corridors should be
extended through major parking lots in the same theme as phases 1 and
2.
g. Unless sidewalks and trails are located inside tenant parking lots they
shall be detached in nature with a landscape boulevard between the
walk / trail and the curb.
h. Sidewalks shall be extended from adjacent trails and sidewalks into
actual parcels to provide a connected and continuous walking area.
1. All sidewalks located within parking lots shall have a raised concrete
surface for separation from traffic and parking. where sidewalks cross
traffic lanes, the sidewalk may be at grade but shall be constructed of
colored or textured concrete, stone or other contrasting material to
visually denote a pedestrian way. Simply painting the walk area is not
adequate. Per Section 3.03 (B) of the PUD Agreement, section 1 #8 of the
PUD ordinance and submitted site plan dated 10 / 16 / 03)) .
All applicable sidewalk construction as part of Phase II has been completed.
Condition 13. The fire access and suppression system shall comply with the
Uniform Fire Code and a letter from the Kalispell Fire Department approving the
access, placement of fire hydrants and fire flows within the subdivision shall be
submitted with the final plat. The fire access and suppression system shall be
installed and approved by the Fire Department prior to final plat approval. (Uniform
Fire Code).
• The final plat application notes the fire access and suppression system has
been designed in accordance with the Uniform Fire Code. A letter from the
Assistant Fire Chief states that the fire department has approved of the fire
hydrant locations, access and fire flows for the site.
Condition 14. All new utilities shall be installed underground. (Kalispell Sub.
Pegs. Section 3.17A).
• This condition is met. All new utilities have been installed underground
pursuant to the approved utility plan for the project.
Condition 15. Development of an overall landscape plan addressing public and
private street boulevards, street trees; perimeter project landscaping, parking lot
landscaping and all common area landscaping shall be submitted to the City Parks
Director for approval in writing prior to installation. The plan shall address all PUD
requirements and compliance with attached plans and applications materials. The
landscaping improvements in the public R/w and the landscape strip described in (c)
below shall be accomplished at the time of final plat. The landscaping improvements
on private property shall be address at the time of building permit issuance. In
particular the landscape plan shall address:
A letter from Mike Baker, Director of the Parks and Recreation Department,
dated October 26, 2005, states that the landscaping has been installed per the
approved plans.
a. All landscape buffers, boulevards, tree planters, landscape islands, tree
wells, etc. and common areas with live landscape materials shall be
provided with adequate irrigation,
• A landscaping irrigation plan was created to provide adequate
irrigation to all of the landscaped areas.
b. The applicant or future leases shall be responsible to insure the live
landscaping as approved on the original landscape plan and installed is
maintained in a "live" condition.
• The responsibility for ongoingin matenance of the landscaping is
addressed in the Amended and Restated Easements, Covenants,
Conditions and Restrictions.
C. An irrigated landscape corridor of at least 20 feet *n width shall parallel.
the R/w of US Highway 93 'including undulating topography and have a
mix of tree plantings with a ground cover predominately of lawn. A
similar 10-foot landscape treatment shall be developed along the west
Side Bypass Corridor.
• These landscape corridors are in place and meet the minimum
width requirements.
d. In developing the landscape plan, the developer shall comply with the
definition of landscaping as defined in the Kalispell zoning ordinance as
follows: "Some combinations of planted, living trees, shrubs, hedges,
vines, living ground cover and flowers suitable for the climate exposure
and site conditions. In addition, the combination or design may include
earth sculpture, cobble, bark, mulch, edgers, flower tubs, rock and such
structural features as foundations, pools, art works, screens, walls,
fences or benches, but such objects alone shall not meet the
requirements of this provision." Bark, mulch, rock, etc. may augment
live landscape features but the primary feature in all landscaping
treatments shall be growing materials unless specifically modified as in
special cases such as internal parking lot sidewalk corridors where trees
would be in a protective grate as they line a sidewalk and form a canopy.
The proposed landscaping complies with the definition of
landscaping as defined in the Kalispell Zoning ordinance.
e. Landscape islands within parking lots shall incorporate predominately
living materials. One exception would be the raised sidewalk corridors
extending through the parking lots as shown on the submitted October
16, 2003 Spring Prairie Center colored site plan where trees within tree
grates lining sidewalks is acceptable. Note that in parking lot landscape
islands, shade trees shall be placed in such intensity and location as to
form a canopy where they cover or line sidewalks and where ever they
are used, a visual break from the open asphalt parking areas
surrounding it. The site plan shows two shade trees at the ends of
islands and 4 trees within internal islands. This may or may not be
adequate depending on species selected.
• Landscape islands within parking lots are fully landscaped with
living materials.
f. The major landscape corridor extending north -south through the major
tenant parking lots of phases 1 8v 2 are intended to raised curb planters
measuring approximately 18' x 36' or typically 4 parking spaces in size.
(PUD Section 2.01 (E(2(F-G))) ).
• The nine raised curb planters, extending in a north -south line
through the center of the Lowe's parking lot, are each 1 S' wide by
4 0' long.
Condition 16. All exterior lighting within the subdivision shall be shielded and
directed downward so that it does not intrude unnecessarily onto adjoining properties
or cause excessive glare or otherwise excessively light the site. In doing this all
exterior lighting fixtures on buildings, streets and in parking lots shall be shielded
with cut-offs and baffles with a rninim.um cut-off angle of 20 degrees below horizontal
and the maximum light standard height is set at 30 feet above adjacent grade. This is
not meant to discourage low intensity exterior lighting for architectural or landscape
accent purposes. (Site review, PUD Section 2.02 H (3).
* The exterior lighting complies with this condition and the City's lighting
standards.
Condition 17. The applicant shall certify that Phase 3 is developed within the
requirements of the BPA transmission corridor. (BPA requirements).
* This condition does not apply to this phase of the development.
Condition 18. That a minimum of two-thirds of the necessary infrastructure for
each phase of the subdivision shall be completed prior to final plat submittal. with
the filing of the final plat for each phase, an additional three-year extension shall be
automatically granted for subsequent phases. (Site Review).
• This condition is met. All of the necessary infrastructure improvements for
Phase II have been completed.
Condition 19. with the development of Phase 1, the infrastructure as illustrated
in the Phase One Utility and Road Infrastructure Exhibit A-1 dated 9 / 30 / 03 and
issued 10 / 6 / 03 shall be complied with. Specifically the northern most east -west City
street shall be fully constructed from the traffic light on the east to the westerly
subdivision line. In addition the 14" water main and the 1 2" sewer main shall be
extended to this boundary as well unless otherwise proven unnecessary by the Public
Works Department. (Kalispell Standards for Design and Construction).
The construction of Treeli.ne Road, the east --west City street located on the north
side of the development, is complete from the traffic light on Highway 93 to the
northwestern Lowe's driveway entrance. The final extension of Treeline Road is
considered part of Phase 3 of Spring Prairie Center and is not required to be
constructed at this time pursuant to a letter from Frank Castles, Assistant City
Engineer, dated June 21, 2006.
Condition 20. The preliminary approval shall be valid for a period of three years
from the date of approval. Upon the filing of each successive phase, an additional two
years from date of final plat approval of the previous phase shall be granted. Prior to
the expiration of any phase, a one-year extension may be requested. (Kalispell Sub.
Regs. Section 2.04 (E (7)).
• This condition is met. The final plat submittal falls within the required time
frame.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was
approved by the Kalispell City Council on December 1, 2003.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance
and the B- 5 / PUD, Industrial -Commercial/ Planned Unit Development, zoning
designation for the property which governs the dimensional requirements of the lots
within the subdivision as well as the uses.
RECI��INWATION:
It can be found that the conditions of preliminary plat approval have been met or are
otherwise adequately addressed. The staff would recommend that the Kalispell City
Council approve the final plat for Spring Prairie Center Phase II. Please schedule this
matter for the regular city council meeting of November 6, 2006.
Sincerely,
f
y .,
Sean Conrad
Senior Planner
Attachments: 1 opaque Mylar of final plat
1 reproducible Mylar of final plat
1 copy of final plat
11 x 17" Copy of plat
Final plat application dated 4 / 24 / 06
Lettters from Kalispell Public Works dated 7/29/04, 12/7/05
Ltr from Morrison and Maierle, Inc. dated 12/5/05
Ltr from Kalispell Fire Department dated 12/9/05
Ltr from Kalispell Parks and Recreation dated 10/26/05
Flathead County Title Company title report # 187746-FT
Ltr from Montana Department of Transportation dated 8/ 15/06
Ltrs from DEQ dated 8/6/04 and 8/ 10/04
Copy w/ att: Theresa white, Kalispell City Clerk
Copy w/o att: Morrison Maierle, Inc
Attn: Keith Belden
306 W. Railroad St. Suite 105
Missoula MT 59802
DNR.0
Attn: Steve Lorch
2250 Hwy 93 N.
Kalispell, MT 59901
Goldberg Properties, Inc.
Attu: Don Lawhead
195 West 12th Avenue
Denver, CO 80204
City of Kalispell
Planning Department
17 - 2 d Street East, Suite 211., Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
FINAL PLAT APPLICATION
Project /Subdivision Name: SPRING PRAIRIE CENTER PHASE II
Contact Person: Owner & Mailing Address.
Name: M n De.p.t_. of Nat ur—a 1
Address:p,. 11er St-reet R ■ .. ■■ Cnnqprva ■
Phone No.: _4 0 4 2 -- 8,8„8,,,0„ 6.01
Helena, MT 59620-1601
Date of Preliminary Plat Approval: November 4 2003
Type of Subdivision: Residential Industrial Commercial X PUD other
Total Number of Lots in Subdivision 4
-Land in Project (acres) 1 ti c ti
Parkland (acres) Cash -in -Lieu $ Exempt X
No. of Lots by Type:
Single Family Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial - -4- Industrial
Condominium Multi -Family
Planned Unit Development
Other
Legal Description of the Property I
■ ■ in i-be ► r ■ ■ ■ ■ ► ► LI 11
FILING FEE ATTACHED $ 1 1 0 0-
Minor Subdivision with approved preliminary plat $400 + $100/lot
Major Subdivision with approved preliminary plat $650 + $100/lot
Subdivisions with Waiver of Preliminary Plat $600 + $100/lot
Subdivision Improvements Agreement $ 50
1
Attached Not Applicable (MUST CHECK ONEi
X_ Health Department Certification (Original)
X Title Report (Original, not more than 90 days old)
Tax Certification (Property takes must be paid)
Consent(s) to Plat (Originals and notarized)
X Subdivision Improvements Agreement (Attach collateral)
X_ Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement
X Plats: 1 opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
11X17 Copy 11X17 Copy
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds 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 submittals will not be accepted and will not be forwarded to the governing body for
approval. changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete informationwill not be accepted and that false information will delay the application and
may invalidate any approval. The signing of this application signifies approval for Kalispell Planning
staff to be present on the property for routine monitoring and inspection during the approval and
development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
AjeAl-111 / 2 y, 200,E
Owners) Sig tur 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. Easements
4. Roads or rights -of -way
S. A tie to either an existing subdivision corner or a corner of the public land survey system
X
Ci"ty of Kalispell Publi*c Works Department
Post Office Box 1997. Kalispell, Monte 599D3-1997 Telephone (4 758-7 20. Fax ( )758 7831
July 29, 2W4
Morrison laietle, Inc..
P.O. Box 8057
Karispefl, Montana 59904-1057
Attention: Wilham ,A. Buxton,, P.E.
RE Spring Ririe meter
Phase 11 )
Kalispell, Montana
Dear Bill
The Basis of Design Report Amendment for e refe
tirenproject is hereby approved.
Attached is your copy of the letter of approval far the Flathead City -County Health
Departmerrt.
We hook forward W working with you on this project.
s ly,
Frank Castles, P.E.
Assistant City Engineer
Attachrnent. As Stated
..... .
' -� `� -_ � City of Kalispell Public Works Department
"�� Post ice Bax 1997, Kalispell, Montana 59963-1997 -Telephone (406)758-7'120, Fax (406)758-7831
K
December 7, 2005
Morrison Maierle, Inc.
P.O. Box 8057
Kalispell, MT 59904--1057
Attention: William A. Buxton, P.E.
Re: spring Prairie Center Phase II (Costco)
Dear Mr. Buxton:
The City of Kalispell Public worlds Departmient hereby approves the existing, compl-eted city owned
improvements for the referenced subdivision. Approval by the City of Kalispell for the C4 owned and
maintained improvements is granted based on the following:
1. Morrison Maierle, Inc., letter dated December 5, 2005, certifying that the city owned
improverrents within the referenced subdivision have been inspected and installed in accordance
with the City of Kalispell standards and the approved plans and specifications.
2. Our video records of the sanitary sewer system.
The one year warranty period for the City owned and maintained exdst�ng, oDimpleted improvenwts will
commence on December 5, 2005.
If you have any questions, please do not hesitate to contact this office.
Since y
F nk Casts, P.
Assistant C►ty Engineer
Cc: Narda Wilson, senior Planner
Kalispell Planning mice
3
MORRISONSURVEYORS
} i1MMERLE
ENGINEERS
�P�LtCAN^NE+RS+
t�ti.►EN 1 S T ►7
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IN
€228 KgEFISH STAGE ROAD - 80x 8057 � KALISPELL, MT 5991V-io57 � �406'752-2216 � FAX. 4G6-752-Ml
An Employee -Owned Company
December 5, 2005
Mr. Frank Castles
Assistant City Engineer
312 1 � Avenue East
P. Q .Box 1997
Kalispell, MT 59903-1997
Spring Prairie Canter Phase II (Costco) Final Plat
Dear Frank,
The purpose of this letter is to certify that the Spring Prairie Center phase 11 (Costco) water,
sewer, storm water and site grading improvements have, to the best of our knowledge, been
built in general accordance with the approved plans and specifications. Any -modifications
that were made during construction are shown on the Record Drawings that will be forwarded
to you soon.
Sincerely,
MORRISON-MAIERLE, INC.
William A. Buxton, P.E.
Project Manager
cc: Keith Belden, Morrison-Maierle, Inc.
Max Lauder, MDEQ
"Providing resources in partnership with clients to achieve their cools"
t'tFr
Morrison & Maiede
Attention: Ashton Ferruzzi
1228 Whitefish Stage Road
Kalispell, MT 59901
Re: Spring Prarie Development (Costco)
Dear Mr. Ferruzzi:
.� 41
�-
In response to your request for approval of the above -referenced project, our department
approves the hydrant locations for the project. The Prevention Division also approves the
fire flow, and access requirements as submitted for this area. The assigned street name of
Reserve Loop has been reviewed with the Public Works Department for the City of Kalispell
and we have no problem with this street designation.
Please contact me if you have any questions.
Sincerely,
Brent L. Christa
Assistant Chiefs
"Assisting our community in reducing, preventing, and mitigating emergencies. „
City of Kalispell PleV���---
Posc Office Box 1997 • Kalispell, Montana 59903-I997 - Telephone (406)758-7700 Fax (406)758-7758
October 26, 2005
Mr. Jay Clark
Project Manager
Ferguson Construction
7433 51h Ave South
Seattle, WA 981 o 8-0867
Re.,, Costco Landscaping, Kalispell, Montana
Dear .day:
It was a pleasure to meet with you today and review the landscaping at Costoo. The
landscaping at Costco is certainly a job well done and I appreciate the efforts and hard
work put forth on this job to meet the city requirements.
This letter is to serve as, approval that the Usteo development has met the landscaping
requirements as set forth by the City of Kalispell, allowing for the bonding andlor letter
of credit to be released if applicable.
Please note that the trees and landscaping are under a warranty period and should they
die within this time frame, the developer will be responsible for replacement.
Again, thank you for the attention and detailed performance ire regards to -the
landscaping., It has been enjoyable working with you, if you have any concerns or
questions please give me a -call.
Sincerely
Micha Baker, Director
cc: N and a Wilson, Kalispell Planning
P.J f Sorensen
Carol Kostrnan
Frank Castles, Public Works
zd WdSF_: S0 SOW So - :3 zQ G Z L2_8SL : ' 8N XUA NQ I iU3aD3�) GNU SA�10d 11DJS I -1U: . _.._
Montano Department of Transportation
r-rVftk r -W-Pu With Pride
Kalispell Area Office
85 Fifth Avenue East North
Po Box 7308
Kalispell, MT 59904- 0308
.......... ... .._..................... ....... . .._.._..._.__..._...... _. -r -: -.
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is : j .. Y �.•, — -• '.t.. ii _. .` _.� -r".. -..r
August 15, 2006BYEE
Mr. Tom Jentz
Kalilpell Planning Department
nd ��
17 2 Street East, Suite 211 KWSQELL p�N1N DEPARTS
Kalispell, Montana 59901
Subject: DNRC — Final Permit for Access Costco - US 93
Spring Prairie Center
Tom,
DNRC has not completed the necessary improvements as required by the Montana
Department of Transportation for the southern approach to Section 36 — Spring Prairie
Center. Specifically, the full access signalized intersection at Sporting Drive still requires
a seal and cover and final epoxy striping. I met with DNRC representatives on August
141 2006 and discussed this issue. We agreed that MDT would allow the deferral of this
work to coincide with the Hutton Ranch development. Hutton Ranch will be modifying
the signal, adding a leg to the intersection, and changing some striping and lane lines as
well through this area of US 93. In light of the timing of these changes, the time of the
year and the fact that there would be two periods of traffic disruption, we will allow
DNRC to coordinate this work with the Hutton Ranch project. It is anticipated that the
final work with be completed next summer. once the final seal and cover is placed and
the epoxy striping complete MDT will issue the approach permit to DNRC.
We do not have any other out -standing issues regarding the initial construction of this
approach.
If you have any subsequent issues or need additional information give me a call.
Sincerely,
Stephen L. Herzog, P.E.
Kalispell Area Maintenance Engineer
copies: Area File
Phone. (406) 751-2000 � c.;_f t_._:i __.�f?_;rf_ i._
rrr.- (800) 335--7592
Fax: (406) 752-5767 Web Page: www. mdt. mt. gav
August 6, 2004 P.O. Box 200901 ■ Helena, MT 59620-0901 ■ (406) 444-2544 # www.deq.state.mt.us
Costco Wholesale
Attn: Keith Thompson
999 Lake Dr
Issaquah, WA 98027
Ferguson Construction
Attn: Todd Vacura
7433 5"' Ave S
Seattle, WA. 98018
Morrison.-Maierle, Inc.
Attu: Logan McInnis
306 W Railroad St, Suite 105
Missoula, MT 59802
RE: Confirmation Letter for Receipt of Notice of Intent (NOI) Number MTRIO1509 Pertaining to the Costco Wholesale ---
Kalispell Project in Flathead County
Dear Permittee:
This serves as confirmation that the Department received a complete Notice of Intent (NOI) Package on August 4, 2004, which
listed you as an operator on the NGI Form for the storm water discharge associated with construction activity. A complete NOI
package includes an NOI Form, a Storm Water Pollution Prevention Plan (SWPPP), and the appropriate fees (application and first
year annual).
Operators with a storm water discharge associated with construction activity are permitted under the 2002-2006 "General Permit
for Storm Water Discharges Associated with Construction Activity" (General Permit) upon receipt by the Department of this
complete NOI Package. Additionally, receipt by the Department of the complete NOI Package constitutes a full agreement by
operators to meet and comply with all requirements stated in the General Permit.
Please be sure to become familiar with the requirements stated in the attached General Permit. In particular, be sure to implement
your SWPPPIECP, develop and maintain Best Management Practices, perform required inspections, submit subsequent annual
fees if necessary, and submit the required Notice of Termination (NOT) when the site achieves final stabilization. Failure to
submit a completed NOT Farm will result in assessment of annual permit fees, which must be paid by operators.
A violation of, or non-compliance with, any provision of the General Permit is subject to enforcement action pursuant to the
Montana Water Quality Act. General Permit coverage obtained through the submittal of this NOI does not waive obligations to
obtain other permits or approvals that may be required.
Should you have any questions, feel free to contact the Storm Water Program at (406) 444-3080.
Sincerel ,
Gail M, Faber
Water Quality Specialist
Water Quality Discharge Permit Section
Water Protection Bureau
Attachments: General Permit
Centralia Services Division • Enforcement Division a Permitting & Compliance Division ■ Planning, Prevention & Assistance Division ; Remedistion Division
r-�
Montana Department of
NVIRONMENTAL QUALITY Judy Martz, Governor
109 Cooperative Way* Suite 105 * Kalispell, MT 59901-2389 * (406) 755-8985 * PAX (406) 755,8977
William A. Buxton, P.E. August 10, 2004
Morrison/Maierle, Inc.
1228 Whitefish Stage Road
P.O. Box 8057
Kalispell, MT 59904-1057
RE: Spring prairie Center -Phase H (Costco), EQ#05-1225
Dear Mr. Buxton;
Plans and specifications for the above -referenced project have been reviewed by personnel with
the Permitting & Compliance Division utilizing the certified checklist procedure. The plans and
specifications are hereby approved with the condition as listed below. One set of plans and
specifications bearing the approval stamp of the Department of Environmental Quality is
enclosed.
Approval is based on plans and specifications received August 03, 2004 under the seal of:
William A. Buxton, P.B.# 13239PE
Approval is also given with the understanding that any deviation from the approved plans and
specifications will be submitted to the Department for reappraisal and approval. Within 90 days
after the project has been completed the project engineer shall certify to the Department that the
project was inspected and found to be installed in accordance with the plans and specifications
approved by the Department. This certification shall be accompanied by a set of "as -built" record
drawings signed by the project engineer.
It is further understood that construction will be completed within three years of this date. If
more than three years elapse before completing construction, plans and specifications must be
resubmitted and approved before construction begins. This three-year expiration period does not
extend any compliance schedule requirements pursuant to a Department enforcement action
against a public water or sewage system.
Please be aware that this project may need a storm water general permit. Please contact the
Water Protection Bureau at 406-444-3080 for more information.
Sincerely,
alter M nvironmental En 'neer Specialist
ecialist
�
Public W upply Section
Public Water Supply and Subdivisions Bureau
cc: City of Kalispell, Department of Public Warps
Flathead County Sanitarian
File
Centraliwd Services Division * Enforcement Division • Permitting & Compliance Division * Planning, Prevention & Assistance Division * Remedistion Division
Subdivision Guarantee
Guarantee No.. 187746-FT
Issued by
��T 3 0 2006
Flathead County Title Company
120 First A ve. West/P.O. Box 188 Kalispelll MT59901
Title Officen, Andrea Reum
Phone: (406)755-,5028
FAX: (406)755-3299
Form No, 1287- (Rev 12/15/95)
Subdivision Guarantee
Guarantee No.: 1877 -FT
Form 1349 1 A N1 F,
cLTA Guarantee Face Page
(revised 12/15/95)
First Ainerican Title Insurance Company
SUBJECT To THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
SI'PULATIONS OF THIS GUARANTEE,
First American Title Insurance Company
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule A, which the Assures[ shall sustain by reason of any incorrectness in the assurances set forth
In Schedule A.
J%stAmenican Title Insurance Carnpany,
�r p� MESneNr
ATTEST
Flathead County Tit/e Company
By:
AUTHORIZED SIGNATORY
Subdivision Guarantee
Guarantee No.: 1877 -FT
SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE
Order No.: 187746-FT Guarantee No.: 187746-FT
Fee: $150.00
SUBJECT To THE EXCLUSIONS FROM COVERAGE, THE LIMrTS OF LIABILITY, AND OTHER PROVISIONS
OF THE COWI IONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY
GUARANTEES:
Morrison & Malerle Inc.
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REG U LATIO NS,
in a sum not exceeding $5,000.00,
THAT according to those public records which, under the recording lags of the State of Montana, Impart
constructive notice of matters affecting the tide to the lands described on the attached legal description:
Legal Description attached hereto as Exhibit A, and by this referenced incorporated herein's
(A) 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 Flats and offering for dedication any streets, roads, avenues, and other easements offered for
dedication by said Plat are:
State of Montana
(B) Parties holding liens or encumbrances on the title to said lands are:
(C) Fasements, clams of easements and restriction agreements of record are:
.. Any right, title or interest in any minerals, mineral rights, or related rnatters, including but not
limited to oily gas, coal, and other hydrocarbons.
2. County road rights -of -moray not recorded and indexed as a conveyance of record in the office of
the Cleric and Recorder 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 as
depicted on County Surveyor's maps on file in the office of the Counter Surveyor of Flathead
County.
Subdivision Guarantee Guarantee No.: 187746-FT
3. 2006 taxes and special assessments are a lien; amounts not yet determined or payable. The first
one-half becomes delinquent after November 30th of the current year, the second one --half
becomes delinquent after May 31st of the fallowing year.
General taxes as set forth below. Any amounts not paid when due will accrue penalties and
interest in addition to the amount stated herein
Year 1st Half 2nd Ralf Parcel Number
2005 $108,315.56 (paid) $108,315.55 (paid) 0008504 AFFECTS:
Leasehold
Interest Only -
Imp 1576
(Lease on Pt Tr
5)
2005 $615.90 (Paid) $615.89 (Paid) E000703
(covers premises and other~ property)
4w 2006 taxes and special assessments are a lien; amounts due and payable. There is only one
installment for the current year, due that year and will become delinquent after July 31st.
General taxes as set forth below. Any amounts not paid when due will accrue penalties and
interest in addition to the amount stated herein:
Year 2005 2006 Parcel Number
2005 $59,554.97 $unknown P206007
(Paid)
AFFECTS: Leasehold Interest Only -(Lease an Pt Tr 5)
5. resolutions by the State Highway Commission of the State of Fontana for Designation of Limited
Access Highway, recorded April 15, 1095, as Doc. No. 85-105-15010 and December 6, 1989, as
Doc. No. 89-340-09150, records of Flathead County,. Montana.
AFFECTS: Fee Simple Interest
6. Easement for a right of moray for highway construction and maintenance, including occupancy by
public utilities (also Includes access control), granted to Montana Department of Transportation,
recorded August 27, 1992, as Doc. No. 92-240- IOD80, records of Flathead County, Montana,
Amendment recorded August 11, 2004, as Doc. No. 2004-224-0905,
AFFECTS: Fee Simple Interest
7. resolution by the Transportation Commission of the State of Montana for Designation of Limited
Access Highway, recorded November 14, 1997, as Doc. No. 1997-318-10050, records of Flathead
County, Montana.
AFFECTS: Fee Simple Interest
8. Resolution No. 4584 by the City Council of the City of Kalispell for annexation, recorded October
18, 2000,, as Doc. No. 2000-292-13260.
9. Resoktion No. 4661 by the City Council of the City of Kalispell for
annexation, recorded November 2, 2001, as }hoc.. No. 2001-306-09060, records of Flathead
County,, Montana.
_ And._re.-,recorded.-to _ _ esa�ip n Jan , , Vic, Np, 00-015.11159
records of Flathead County, Montana
AFFECTS: Fee Simple Intent
subdMsjon Guarantee
10. Terms and conditions of Ordinance No. 1404 approving a Planned Unit Development and
Declaration of Covenants, Conditions and Restrictions, recorded .January 15, 2002, as Doc. No.
2002-015-111.80, records of Flathead County, Montana.
AFFECTS: Fee Simple Interest and Leasehold Interest
11. Covenants, Conditions and Restrictions recorded on ,January 15, 2002, as Instrument No. 2002--
015-11180 , but omitting any covenant, condition or restriction based on race, color, religion,
sex, handicap, familial status,, or national origin to the extent that such covenants, conditions or
restrictions violate 42 USC 3604(c).
AFFECTS: Fee Simple Interest and Leasehold Interest
12. Terms and conditions of Ordinance No. 1486, an Ordinance Authorizing and Adopting an
Amendment to the Developers Agreement for the Planned Unit Development for Spring Prairie
Center, recorded April 12, 2004, as Doc. No. 2004-093-16210, records of Flathead County,
Montana.
AFFECTS: Leasehold Interest
13. Memorandum of Agreement for Option to Expand Premises upon the terms, conditions and
provisions contained therein:
DATED :April 27, 2004
PARTIES : The State of Montana by and through The State Board of Land Commissioners in Trust
for Common Public Schools, and Kalispell
Goldberg, LLC, a Colorado limited liability company
RECORDED. April 29, 2004, as Doc. No. 2004-120-14420,
records of Flathead County, Montana.
14. Easements, Covenants, Conditions and Restrictions by and between The State of Montana by and
through The State Board of Land Commissioners in Trust for Common. Public Schools, Kalispell
Goldberg, L.LC, a Colorado limited liability company, and Lowe`s HIM, Inc., a Washington
corporation, recorded April 29, 2004, as Doc. No. 2004-120-14440, records of Flathead County,
Montana, but deleting any covenant, condition 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 3504(c).
Amended and Restated Easements, Covenants, Conditions, and Restrictions recorded November
112004, as Doc. No. 2004-306-14430.
AFFECTS: Leasehold I me rest r
15. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 13423, 14292,
16925, 16927, 16928, 17217, but deleting any covenant, condition 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 restriction violate 42 USC
3604 (c).
16. Grant of Conditional Use executed by City of Kalispell to DNRC/Goldberg Properties, Inc. recorded
,June 10, 2004, as Instrument No. 2004-162-1.5020
17, Amended Resolution Designation of Controlled Access Highway and Facility, recorded October 8,
2004, as Doc. No. 2004-282-08180.
18. Easements, reservations�..restrictlons, notes, certificates and/or dedications as shown on the
ALTA/ACS M Survey made by Eby & Associates, Inc. dated October 2004.
SubdMsion Guarantee
Guarantee No.: 3LB7746-FT
19. Terms and conditions of Memorandum of Commercial Ground Lease (Phase N) by and between
The State of Montana By and Through The State Board of Land Commissioners in Trust for
Common Public Schools ("Landlord"), and Kalispell Goldberg, LLC, a Colorado limited liability
company ('Tenant"),, recorded November 1,. 2004, as Doc. No. 2004- 306-14410, records of
Flathead County, Montana.
AFFECTS: Leasehold Interest
20, Terms and conditions of Memorandum of Ground Lease by and between Kalispell Goldberg, LLC,
a Colorado limited liability company ("Landlord"), and Costco Wholesale Corporation, a
Washington corporation ("Tenant"), recorded November 1, 2004, as Doc. No. 2004-306-14420,
records of Flathead County, Montana.
21, Unrecorded leaseholds; rights of parties in possesslon, rights of secured parties, vendors and
vendees under conditional sales contracts of personal property installed on the premises
herein, and rights of tenants to remove trade fixtures.
2-2. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the Unrecorded Plat In our possession but
deleting any covenant, condition 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 8004(c).
e ,'rid the described property to be in Kalispell Dire Dist°+ricL
Date of Guarantee: October 06, 2006 at 7:30 AX
SubdNision Guarantee
Guarantee No.. 187746-FT
SCHEDULE OF EXCLUSIONS FROM+,, COVERAGE OF THIS GUARANTEE
1. Except to the extent that spedfic assurance are provided In Schedule A of Ms Guarantee, the Company assumes no liability for loss or damage by reason of the following:
(a) Defects, liens, erxurnbrances, adverse dalms or other ,natters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes
or assessments, or notices of such pnoceedlrTgs, whether or not the matters excluded under (1) or (2) are shown by the reds of the taxing authority or by the public
records.
(c) (1) Unpatented mining dalrnsr (2) rese_rvatlons or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, Balms or title to water, whether
or not the matters excluded under (1), (2) or (3) are shown by the public rewrds.
2. Notwithstanding any spedfic assurartces which are provided In Schedule A of this Guarantee,, the Company assumes no Itabillty for loss or damage by reason of the
hollowing:
(a) Defects, liens, encumbrances, adverse claims cm- other matters affecting the title to any property beyond the lines of the land expres* described in the description set
forth In Schedule (A), (C) or In Part 2 of this Guarantee, or We to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain thereln
vaults, tunnels, ramps, or any stwcture or Improvements; or any rights or easernmts th+ereln, unless such property, rights or easements are expressly and specifically set forth
In said description.
(b) Defects, Hensr encumbrances, adverse claims or oar matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by
one or ,,roar of the Assureds; (2) which result in no ias$ to the Assured; or (3) which do not result In the Invalidity or potentlal invalidity of any judldal or non -judicial
proceeding which is within the scope and purpose of the assurances provldedd.
(c) The Identity of any party slwwn or referred to in Schedule A.
(d) The validity, legal effect or priority of any natter shown or referred to in this Guarantee.
GUARANTEE CONDMONS AND STIPULATIONS
1. DefittUan of Terms.
The following terms when used In the Guarantee mean:
(a) the 'Assured": *w party or parties named as the Assured In this Guarantee,, or
can a supplemental writing execibed 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 cx6thfte real property. The term "land"
does not include any property beyond the lines of the area described or erred to in
Schedule (A) (C) or in Part 2, nor any rlgh� tide, I n terrest, ate 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. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly In writing In rase knowledge shall
come to an Assured hereunder of any dalm of tie or interest which Is adverse to the
tide to the estate or Initerest,, as staked herein, and which might cause lass or darnage
for which the Company may be liable by virtue of this Guarantee. if prompt mice
shall not be given to the Company,- then all liability of the Company shall terminate
with tegard tD the matter or matters for which prompt notice Is required; providked,
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.
3. 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, no'twIthstainding the nature of any allegation In such
action or proceeding,
4. Company's Option to Defend or Prosecute Actions-, Duty of Amrred
Claimant to Cooperate.
Even trough the Company has no duty to defend or pro ate as set forth in
Paragraph 3 above:
(a) The Company shall have the right, at its sole option and mst, to Irsttr.rte and
prosecute any aeon or priding, interpose a defense, as VmIted In (b), or to do
any other act which in its opinion may be neoessary or desirable to establish the title
to the estate or Interest as stated herein, or to establish the lien rights of the
Assured, cw to prevent or reduce lass ar damage to the Assured. The Company may
take any appropriate action under the terms of this Guaranty, whether or not it shall
be liable hereunder, and shall not thereby concede 11abllfky+ or waive any pnovlsion 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 shed In Paragraph 4(a) the
Company shall have the right to select counsel of its choice (subject to the right: of
such Assured to abject for reasonable cause) to represent the Aswred and shall not
be liable for and will not pay the fees of any ather counsel, nor will the Company Pay
any fees, vests or uses Incurred by an Assured in the deknse 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 proAslons of this Guarantee, the Company may pursue any
lHtlgatlon to final determination by a art of Mrnpetent 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 tW defense of any action or proceeding, are Assured shall secure to the
Company the right to so prosecute or p rcvide for the defense of any action oar
pmceeding, and ali appeals themin, and permit the Company to use, at its options bw
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 ttie action or lawful act which In the opinlon of the Company may be
neoessary or desirable to establish the tide 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 cooperatlon, the Company's obligations
tv the Assured under the Guarantee shall terrnInate.
S. proof of Loss or Damrwje.
In addition to and after the notes required under Section 2 of these Conditions and
SVPulations have been provided to the Company, a proof of loss or damage signed
and sworn to by the Assured shall be famished 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 shalt describe the matters covered by this Guarantee whlc h
cansbitute the basis of loss or damage and shall state, to the extent posdble, the
basis of calculating the amount of the loss or damage. If the Company Is prejudiced
by the failure of the Assured tD provide the required pnxf of loss or damage, the
Company's obligation to such Assured under the Guarantee shall terminate, In
addltlon, the Assured may reasonably be required to submit to examination under
oath by any authorized representative oF- the Company and shall produce for
examination, lnspectbon and copying, at such reasonable times and places as may be
designated by any autharized representaUve 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 kss or damage. Further, If
requested by any authorized representative of the Company, the Assured shall grant
Its permission, In writing, for any aud-rofted representative of the Company to
examine, Inspect and copy all records, books, ledgers, checks, cDn-espondence and
,memoranda In the custody or control of a third patter, wh1ch reasonably pertain to the
Loss or Damage. AI! information designated as confldentlal by the Assured provided
to the Company, purmuart to this Section gall not be disclosed to ethers unless,, in
the reasonable judgment of the Company, it is necessary in the admfnisiration of the
claim. Failure of the Assured to submit for examinetlon under oath, produce other
reasonably requested information or grant permission to secure reasonably necessary
,,,,formation from third parties as required In the above paragraph,, unless prohibited
by law or governmental regula'don, shall terminate any liability of the Company under
this Guarantee to the Assured for that clalm.
Form No. 1 (Rev. 12115M
Subdh4sivn Guarantee
Guarantee No.: 187746-FT
6. Options to tray or Merwise Settle Claims-. Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the folkWng
additional optJons:
(a) To Pay or Tender Payment of the Amcunt of Llablifty or to Purchase the
Indebtedness..
The Company shag have the option to pay or settle or compromise for or In the name
cf the Assured any daim which could result in loss to the Assured within the coverage
of this Guarantee, or to pay the W? amount of this Guarantee or, If this Guarantee is
Issued for the benefit of a holder of a mortgage or a fienholder, the Company shall
have the optn to purchase the indebtedness secured by said mortgage or said lien
for the amount owing thereon, tNether with any ousts, reasonable attorneys' few 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
small terminate all liability of the Company hereunder. In the event after nctice of
daim has been given to the Company by the Assured the Company offers to purchase
said indebtedness, the owner of such 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 o0on provided for In Paragraph (a) the
Company's obllgaation to the Assured under this Guarantee for the claimed loss or
damage, ether than to make the payment required In that paragraph, shall terminate,
including any obligation W contlnue the defense or prosecution of any litigation far
which the Company has exercised Its options under Paragraph 41 and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle with Parries 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 dalmant
any cfalm Assured against under this Guarantee, together with any cos1s, attorneys`
fees and expenses lncumr d by the Assured dalmant which were authorized by the
Company up to the time of payment and which the Company is obligated to pay.
Upon the exerdse by the Company of the option provided fcr In Paragraph (b) the
Company's obllgation to the Assured under this Guarantee ibr the claimed lass or
damage, other than to ,,rake the payment mqulred in that paragraph, shalt irexrninate,
including any obligation to continue the defense or prosecutlon of any litigation for
which the Company has exercised Its optloxs under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee Is a Contract of Irsdemnity against actual monetary lass or damage
sustained or incurred by the Assured claimant who has suffered doss 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 Exdusfvns From Coverage of This
Guarantee.
The UabilltV of the Company under this Guarantee to the Assured shall not exceed the
least of:
(a) the amount of lfabI fty stated In Schedule A or In Dart 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an
Assured mortgagee, as limited or provided under Seftn 6 cf these Conditions and
Stipulations or as reduced under Section 9 of these Conditions and Stipulebms, at the
time the loss or damage Assured against by leis Guarantee occm, together With
interest thereon; or
(c) the differr a between the value of the estate or interest covered hereby as
staked hmfn and the value of the estate or Interest subject to any defect~, Hen or
encumbrance Assured against by this Guarantee.
8. umitat#cr'n 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 fn a
reasonably diligent manner by any meb)od, 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 far any lass or damage caused thereby,,.
M In the event of any litigation by the Company or with the Company's consent,
the Company shall have no Ilabillty for toss or damage until there has been a hnal
determination by a court of competent jurfsdlcUon, and disposition of all appeals
therefrom, adverse to the tftie, as stated herein.
(c) The Company shall not be liable for Ire or damage to any Assured for Lability
vafuntartty arsstied by the Assured In settling any dai n or suet without the
prior written consent of the Company.
9. Reduction of Liability or Termination of Liablifty.
All payments under this Guarantee, except payments made fDr- costs, attorneys' fees
and expenses pursuant to Paragraph 4 shah reduce the anent of liability pro Canto.
10. Payment of Los&
(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 small 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 lass or damage shall be
payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Setdement
Whenever the Company shall have serried and paid a daim under this Guarantee,, all
right of subrogation shall vest In the Company unaffected by any act of the Assured
dalmant.
The Company shag be subrogated to and be ent(ded to all right's and remedies which
the Assured wou)d have had against any person or property In respect to the Clair,,,, had
this Guarantee not been issued. If requested by tM Company, the Assured shall
transfer to the Company all rights and remedies against any,, person or property
necessary In order to perfect this right ref` subrogatlon. 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 daim does not fully cover the loss of the Assured the
Company shall be subropated to all rights and remedies of the Assured after the
Assured shall have recovered its princlpal, fntereA and costs of collection.
12.. Arbitration.
Unless prohibited by applicable law, ether the Company or true Assured may demand
arbitration pursuant to the Trde Insurance Arbltrablvn Rules of the American Arbitration
Association. Arbitrable matters may,, include, but are not limped to, any controversy or
Balm between the Company and the Assured arising out cf or relating to this
Guarantee, any service of the Company In connection with Its Issuance or the breach
of a Guarantee provision or other obiigatfon. All arbitrable matters when the Amount
of uabllity is $1,D0010DO or less shall be arbitrated at the option of either the Company
or the Assured. All arNtrabie mat ers when the arnarurrt of Ilabiilty is in excess of
$11000rOD0 shal be arbitrated only when agreed to by both the Company and the
Assured. The Rules In effect at Date of Guarantee shall be i1nd)ng upon the parties,
The award may Include attorneys' fees only if the laws of the state in which the land is
located pe mlts a court to award attorneys' fees tv a prevailing party. Judgment upon
the
¢ award rendered by the Arbitrator(s) may be entered In any court having
juilsdlcilon t e eck
The law of the ftz of the land shall apply to an arbluat3on under the Title Insurance
Arbitration Rules.
A copy of the Rules may be obtained from the Comparty upon request.
13. Liability Limited im This Guarantee; Guarantee Entire Contrac L
(a) This Guarantee together with all endorsements, If any, attached hereto by the
Company fs the erthre Guarantee and contract between the Assured and the
Company,,. In interpreting any provision of this Guarantee, this Guarantee shall be
constved as a whole.
(b) Any daim of lass or damage, whether or not based on negligence, or any actfon
asserting such claim, shall be restricted to this Guarantee.
(c) No arnendment of or endorsement to this Guarantee can be made except by a
writing -endorsed hereon or attached hereto signed by either the President, a Mce
President,, the Secretary, an Assistant Secretary, or validating cMoer or authorized
signatory of the Company.
14. Notices, Where,, Sent.
All notices required to be given the Company and any statement in writing required to
be fumished the Company shall Include die number of this Guarantee and shall be
addressed to the Company at I first American Way, Santa Ana, CA. 92.707.
Form No. 12U (Rev. 12 j#� f 55)
Subdivision Guarantee
Guarantee No.: 1$77 -Ft
Flathead'CO'UntVAMMW� .
tte Company
120 First Ave. West/P.O. Box 188, Kalispell, MT 59901
Phone (406)755-5028 - Fax(4Qb)755-3Z99
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In artier to better serve your needs now and in the future, we may ask you to provide us with certain Information. we understand
that you may be concerned about what we will do with such information — particularly any personal or financial Information. we
agree that you have a right to know low we will utilize the personal information you rovde to us. `therefore ether with our
company, The Furst American Corporation,, we have adopted this PrivacyPali p to govern the use and handling p r P � 9 ha � of your
parent pemnal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in vwrhlch we may
use information we have obtained from any other source such as Information obtained from a public record or from another person
or en ` . First American has also adopted broader guidelines that overn our use of personal nformation regardless of its urce.
First � call l` � l� a 9 of � Fi American s these guidelines its Fair�nthrmaiYon Values; co whim can be found on our website at m. .
� � PY
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal Information that we may collect inciud'e:
Information we receive from you on applications, forms and in other communications to us, whether In writing, in person,
by telephone or any other means;
i Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or as permitted b law. we may, however, stare such information indefinites including the
y � � � � Ae y y� � indefinitely, g
period after which any customer relationship has ceased. Such Information may be used for an internal u such as quality
ct vntrol efforts or customer analysis. 'Slue may also provide all of the of nonpublic ersonalInformation listedpurpose, to one or
IY y p types � personal
more of our affiliated companies. Such affiliated companies Include financial service panders, such as title insurers property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, sul as appraisal
companies home warranty companies, and escrow companies. Furthermore, we may, also provide all the information we collect as
desrfibed above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial Institutions with whom we or our affiliated corn 1 9 companies have joint marketing agreements.
�
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality, and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. we restrict access to
nonpublic personal informabon about you to these individuals and entities who need to know that information to provide products or
services to you. we will use our best fforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privy Policy and First meican's Falr InMom7aflon Values. we curren maintain
electronic, and procedural safeguards that C federal on c a oced sa s comply vw�ith regulations to guard our nonpublic personal information.
physical, P � ay g Y P
2001 The First American corporaUon a, All Rights Reserved
Subdivision Guarantee
Guarantee No.: 187745-FT
EXHIBIT At
Al TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE, NORTHEAST QUARTER OF
SECTION 30f TOWNSHIP 29 NORTHf RANGE 22'TEST, P,MmM*, FLATHEAD COUNTY,
MONTANA, BEING MORE PAK I CULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER, SECTION 38, TOWNSHrP 29 NNORTH, FLANGE 22 WEST; THENCE
ALONG THE SOUTHERLY BOUNDARY OF SAID ALIQUOT PART,
NORTH 89058'06" WESTf A DISTANCE OF 135*74 FEET TO THE WESTERLY BOUNDARY OF
U,S, HIGHWAY NO, 93 KALISPELL-WHITEKSH AS SHOWN ON STATE OF MON`t'ANA RIGHT
OF WAY PLANS NO. FS-3(32)1151 RECORDS OF MONTANA► DEPARTMENT OF
TRANSPORTATIONf HELENA, MONTANA, ALSO THE POINT OF BEGINNING OF THE PARCEL
BEING DESCRIBED; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID
ALIQUOT PART,
NORTH 89'*58'06" WEST, A DISTANCE OF 950.78 FEET.$ THENCE LEAVING THE SOUTHERLY
BOUNDARY OF SAID ALIQUOT PART,
NORTH 00'000'00" EAST, A► DISTANCE OF 749.22 FEET; "THENCE
NORTH 90000'00" EAST, AI DISTANCE OF 967.96 FEET TO THE WESTERLY BOUNDARY OF
SAID U.S, HIGHWAY NO-w 93 KALISPELL—WHITEFISH; THENCE ALONG THE WESTERLY
BOUNDARY OF SAID U.S, HIGHWAY 93 KALISPELL—WHITEFISH THE FOLLOWING THREE
COURSES:
SOUTH 00c'10r38" WESTo, A DISTANCE OF 499.70 FEET,
SOUTH l4c'14'42" WEST, A DISTANCE OF 61.83 FEET,
SOUTH 00007'29" WEST, A DISTANCE OF 190,12 FEET TO THE POINT OF BEGINNING,
THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS SPRING
PRAIRIE CENTER PHASE II SUBDTVISIONS
4 ll. C, .a....u. a +►�.—r �r+lr �r r1�►i �w-�+�«�w� __ __ ar.T. w F err .I+r�r• » •� —02— .. « • .^— _ r^ r `
I
I
1 r r
t � I
r �
I I r
00
r
f f r � r r I
r i' "t
r I
I rr
� I rr ��
l I � .011
I r r r 1
i {r r I �
Oe or
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,r r
i
040 APO,
00 00,E r.. I
t f
r
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OA
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I � �
I 1 f
T his p)at is pt +de€i 5010y for the #
u �e of arming in Itin
�"� e Company a
vartafionS, if n withug the land, na Iiabil�ty for � !
Flathead y' actual survey .�* # 1 .
NTA A
tY l itie Company ,
4
I ff
� 1
CERTIFICATE OF DEDICATION
The slot, of Montana, ly certify -by ftify t ot It to b,
su
bdivided, Fof wti.d I. Z, -". -te. and .1- Area .1nn,' -.torI. -
de6eaiom. w - by the plot h-n,nto kIolded, the fallowing dncribed tract of -d. to ,it:
A trxl of Hand i-d In the SoUtKiotl 1/4 of l ftftniIoit 1/4 of S*ct,, 36. T-Wp 29
Noitti, Range n W--t - PP -I -I Merldion, Mantana, Fialn,Kx! C-ty, Monona, being more 'an-ioiy
dewy as blows:
Cbn-j of the -t I,-, of Dit, Sootf-,t 1/4 of the N,At-1 1/4, Swbon 36.
lowsh,p 29 HoM. Rangt 22 Wii,,It; thecae otong Me mill-ty boundory of wid aquot pore.N8755'M'W , I. ~ - of 135.74 feet to n. .satiny.satinyboundaryboundaryof U.S. Ffiqh� No. 93 Kalispell -
YKrWlbh I-,n on Stoic of Montom Right of *W PWm Na. F' Montano-3(32)115. of MboIn DIIo't_t 0 T-P.rlot- N.Mono, .1.. tom POINT OF E.I. of tt,,, ob-I .9
-- -t-9 along I- wutheWy --bF, of - 04q-t pb,L, Ms7m,mW .
d'atence of 95D.78 feett thence awing the -0wrly boundary of wid olquot part, NW00*00'E S..d 149.22 f71t"n- NOT00*00TE ,distance of 967.96 feel to the .celery boundary of
KoUS H9n" N,93 K-,,h - Wh"fnn; It- cong In stmy boundary of ,od U.S.
Hqt,� 93 " lf- the fi,llb,,ing 1- S00`1O'38'W , diMo,,m of 4N.70 feet,SI,FI4'42'W of 61.83 feet, SOVCT22'W a dd . of 100.12 feet to Un, PONT OF
DEGINNING Font-,q 1656 -- of lonl. more o, I-,
The ox- dawribed tract of bred I. to be k- and 6ul9no,[,d - SPRING PRAIRIE CENTER PHASE
I SLOINVISION. and the - lnd�d I, R� Loop I,no,,n - ,old plat on, herby , granted ant
donadonatedW Iti, ��4f the Public I = The city of Koliipll hereby -
by ccepU the fton IN
R- Lboo into cityPLb4ic "itbnI and hereby bi;,- I. maintain -W road.
UTILITY EASEMENT
TM lwWenq- M -y q-t. nio -h f- - --fin, h-, L6k 29.79'
vk.N,=.- q or off-nng to pno�. i�Ot-wgnIph, eleelectrict,p-, 9-. cab,e t�.
Warr to t1n,,, pbk, the rIgM to point .. of on -nt i.r -tnxton.
repair,-- and I of their 1� ant - in, - under, .M -
eaM ores
b,6,;nbt.d on fl,l,, Plot 11 't?I1114y En-n,t* to have and to - Inn-,
Do UnII- cloy of -. ZIO -
Depwt,wA of Hartorol 11- and Car alian-Stote of Montano
Dopork-t of Not -I R- and C.--lien
STATE OF MONTANA )
SS
Dowdy of FW-d )
On IN,_,kni of before rrre a Notary P,,b c . and for the Store
to . to bI, U,I, Director. Montano O"orn-t
d hoh,,ol - of C-�. th,, - that - tn,, foregoing, and calm oebro.Mdgwd
to - Ibot Me -e�� 0e same for and an behalf of sad agency.
WITNESS y wncI Inrtcl.col, the doy and year b W
Notor, Public to, the Stole of Motobc
R-Wi" ot.
My C.-ion ..pin,.:
N
cr)
NOTE
Far ow pe bInd on eoNermntr. co -barns. -4tnm ant nIIitrmtiom off -tin;; this I-t
- . the document tl� 'AMENDED AND RESTATED EASEMENTS, COVENANTS, CONDIT�
AND RESTRICTIONS" --t .1 F� Li
County, W.W-
AREA SUMMARY FOUND NO
REBAR C>
LOT 1 12.18 ACRE
LOT 2 0.90 ACRE 00,08,31
LOT 3 1.01 ACRE 1.20. C)
LOT 4 1.05 ACRE COMPUTED z
TOTAL NET 15.14 ACRE POSITION
RESERVE LOOP 1.42 ACRE
TOTAL GROSS 16.56 ACRE
DETAIL A
LEGEND LOT 1 NO62
TON -
+ FOUND SECTION CORNER AS DESCRIBED FIRE TA;N"ON
FOUND A CORNER AS DESCRIBED
0 FOUND CENTER QUARTER SECTION CORNER AS NOTED
0 FOUND 2" DIAMETER ALUMINUM CAP, MARKED AS SHOWN
0 SET %- REBAR 18- LONG WITH 2- ALUM CAP MKID
'MORRISON _6WERLE. INC. 14443LS*
RIGHT-OF-WAY DEDICATED WITH THIS PLAT it
THE FINAL PLAT OF
SPRING PRAIRIE CENTER PHASE 11 SUBDIVISION
LOCATED IN THE NE 1/4 SECTION 36, T29N, R22W, P.M.M,, CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA
It
OWNER ENGINEER PURPOSE
THE STATE Or MONTANA MORRISON-MAIERLE, INC SUBDIVISION PLAT CERTIFICATE OF CITY COUNCIL
DEPARTMENT OF NATURAL RESOURCES 306 W. RAILROAD ST. SUITE 105
AND CONSERVATION MISSOULA. MT 59802 Th C C- W I In, Cit f K � I Mo,,t db� m cat 1,o it In
PHASE I CENTER
SPRING PRAIRIE
LOT 1 BLOCK I
N 90*00'00" E
774.96' -
IS B758'06' E
P.O.B. POINT OF BEGINNING R
RESERVE LOOP 142 ACRES
P.D.C. POINT OF COMMENCEMENT
S 89*58 1 06 In E 950.78'
CDs CERTIFICATE OF SURVEY N8915a,06,W 2645.65' M
4-111 S59*59*28'E 2�5-"6' (RI)
(RI) RECORD PER COS 14292 79 S8759'43E 2645.75- (RECORD PER COS 1470D)
M FOUND
N
Gwmc SCAF
(w nvT
I Inch - 50 fL
,5
NORTHEAST SE=7tER 31
FCV.0 3 1/4- P
BRASS CAP MARKED:wI D
T29N 22WR21W
"S SIC
y . . PII. -.. n,b, - y
ubdiviwion plat arm, -ng found t- to onionn . -, approves ii, and -y o.cePt the
-abon o bib, - of " and h -n - thin -II.,d.g R.- I-, wing
mmeaea n. --ooy .,-. ato at .-t-
Fill M-
QERTIFICATE OF CITY ATTORNEY
lhiII plot no, then .�d by the Wc: I th,, CJty Attomw -Ining to S-bon 76-3-612(2)
M.C.A. and M-N+lg uponreporttw, pot N _ I ha, been opIon,-I bored -n
fhe "bFnouo,, .,,bnntt. by fhe -I- ../b, he ogI,nt-
PHASE CE
RARE
SPRING pRAIR
Lo T 2 BLOCK
wo
I
I
Off of the C4 Aftrmy
City of K.9-a. Monlot.
by dae
CERTIFICATE OF SURVEYOR
I. Smft R.Sot o regitt-o 1od Surveyor do herby cerWy ttoI I-e performed the nee y
Own Z,"`U-==Zc-IP= Sub6.vien; that evch survey cam made
d9 y 2Z-y. U rrprurmenb T.
and W on, of 1J1a cnvnot�W and occupy the po"sho.m
Dotd ffm r of 200
193.00'
LOT 4ppp
BLOCK 2
1.05 ACRES
2322 US HIGAOHWAY 93
NORTH
0) C ry1aN
cy)
Scott R. sk�
motton. R"W-dbn W. 1�xs
'oloW
b �P
00 I
O
CERTIFICATE OF EXAMINING LAND SURVEYOR
I. Jarhs H. Burton, boting m Eobni-q Land Surveyor for FlothiIto,l County. Mo,tom ft -by
..tify tlot I none � Dt,, 1o.` plot of Spring Pro- C�� Pno- It Subdw4ion ono find that
tnt, , IIy �Io -t the wndAtorvII Net faith by w PI -,ant W Titlelili, ChMU,,, 3,
Port 47M.Cw
D.W Ut. of 200
dames H. Burton
Wn1ow Rfttrfibn Na.54295
192.26'
0
0
N
LOT 3
o6 BLOCK 2
1.01 ACRES
ADORES
2316 US H4GHWAY 93
N90'OO' "E
NORTH
N 0
IV
FOUND %" REWa&R S
BENT WITH CAP MARKED AS
SHOWN, DETACHED AND LYING
S 1, w
WEAMElY
Ir, LOT 2
BLOCK 2
0.90 ACRES
61.83'
2310 US HIGHWAY 93
175.97*
NORTH
NN
O a)
O I
P.O.C.
S- of Montona
CoI,,,ty or Fblhwd
PONT OF C�MENCEMEXT EAST
OU&PTER SECTION CORNER Fed on flu_day of_. 200
FOUND 3 114- DIAMETER BRASS
CAP MARKED: lima:6
NW0"07'29'E '09.88, (F)
'
T291 C- - R-
W R21W
s36 1 S31
4376 S -y
790
Roond W.
COMPUTED POS"'OT
NOTHING FOUND DR ET
SEE DETAIL A THIS SHEET
NIY53-55-W 61.851 (F),
NliFCA'08'W 6 .86 Rlj)
1,14 SEC. RA
EhMORRISON F
THE FINAL PLAT OF
SPRING PRAIRIE CENTER PHASE 11 SUBDIVISION
LOCATED IN THE NE 1/4 SECTION 36, T29N, R22W, P.M.M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA
Owol PAD
Dc?'
CO
SASE REa0E5 20' WATER
L04E
EA.SEWM
20' PLIE
W' PUE
3W PUE
I i f
ra 20' SEWER UNE E-.SEw+T i i i ., i
fw ONE l ,w
itCe5 go'Ar
OF
O"wt' C
SEW" LOT I EASEWDff aESOG
DID
Lj
Q.
Q
W
25' WATER AM I 20' WATER UNE
SEWER UNE EASOLEeR
EkSEMM
CA$
cl
2W STOW
SEWER
31' CA ACCESS E.-MAM
ELIENf
-F-7 77 -E"
LOT 2 LOT 3 LOT 4
2W BUILDIM SETIMCK
r
U.S.HICHIVAY 93 RIGHT-OF-WAY
z AREA SUMMARY LEGEND EASEMENT NOTES:
PHASE 1 17.3B ACRES
PHASE 2 16,56 ACRES RUE PUBLIC UTILITY EASEMENT 1) SURFACE AND SUBSURFACE EASEMENTS SHALL BE RESERVED 10 FEET ON ALL SIDES OF EXISTING WATER UTILITIES FOR THE
FUTURE DEVELOPMENT 20.56 ACRES CA COMMON AREA PURPOSES OF MAINTENANCE, REPAIR, AND REMOVAL OF WATER UTILITIES (APPROXIMATE LOCATIONS SHOWN).
SCALE BRA BONNEVILLE POWER ADMINISTRATION , STORM EWER UTILITIES
GRAPHIC TOTAL 54.50 ACRES RIGHT-OF-WAY DEDICATED WITH THIS FLAT
2) SURFACE AND SUBSURFACE EASEMENTS SHALL BE RESERVED 10 FEET ON ALL SIDES OF EXISTINGOR S L -S
EASEMENT AREA PHASE 2 FOR THE PURPOSES OF MAINTENANCE, REPAIR, AND REMOVAL OF STORM SEWER UTILITIES (APPROXIMATE LOCATIONS SHOWN).
EASEMENT AREA PHASE 1
If b 100 a 3) FOR COMPLETE TEXT ON COMMON AREA (CA) EASEMENTS REFER TO DOCUMENT TITLED -AMENDED AND RESTATED EASEMENTS.
COVENANTS, CONDITIONS AND RESTRICTIONS" RECORDED AS DOCUMENT NUMBER 2004-306-14430, RECORDS OF FLATHEAD
COUNTY, MONTANk (APPROXIMATE LOCATIONS SHOWN)