I1. Bright View TransmittalPLANNMG FOR THE FUTURE
j Welf i ,_ r
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
SUBJECT: Final plat request and Subdivision Improvement Agreement for Bright View —
Phase 2
MEETING DATE: April 15, 2019
BACKGROUND: Jackola Engineering submitted a request, on behalf of Montana Department of
Natural Resources, for final plat approval of Bright View — Phase 2, a 13-lot commercial subdivision.
The subdivision is located on Timberwolf Parkway and can be legally described as Lot 3 of Bright View
Subdivision Phase 1 located within the North '/2, Section 36, Township 29 North, Range 22 West,
Flathead County, Montana.
The City Council approved the preliminary plat for Bright View with 19 conditions at their meeting on
September 2, 2014, with Resolution No. 5590. All of the conditions have been met or adequately
addressed. The following report summarizes the applicant's compliance with the conditions of
approval. In addition, a Subdivision Improvement Agreement in the amount of $478,583.13 (125% of
remaining cost) is included for City Council action.
RECOMMENDATION: It is recommended that the City Council approve the final plat and the
Subdivision Improvement Agreement for Bright View Phase 2.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter, agreement, and associated attachments.
Report compiled: April 8, 2019
c: Aimee Brunckhorst, Kalispell City Clerk
PLANNING FOR THE FUTURE
April 5, 2019
Doug Russell, City Manager
City of Kalispell
201 1st Ave E
Kalispell, MT 59901
MONTANA
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Re: Final plat request and Subdivision Improvement Agreement for Bright View Phase 2
Dear Doug:
Jackola Engineering submitted a request, on behalf of Montana Department of Natural Resources, for
final plat approval of Bright View — Phase 2, a 13-lot commercial subdivision. The subdivision is located
on Timberwolf Parkway and can be legally described as Lot 3 of Bright View Subdivision Phase I located
within the North'/2, Section 36, Township 29 North, Range 22 West, Flathead County, Montana.
The City Council approved the preliminary plat for Bright View with 19 conditions at their meeting on
September 2, 2014, with Resolution No. 5590. All of the conditions have been met or adequately
addressed. The following report summarizes the applicant's compliance with the conditions of
approval. In addition, a Subdivision Improvement Agreement in the amount of $478,583.13 (125% of
remaining cost) is included for City Council action.
COMPLIANCE WITH CONDITIONS OF APPROVAL
The development of the site shall be in substantial compliance with the application submitted,
the site plan, materials and other specifications as well as any additional conditions associated
with the preliminary plat as approved by the city council.
Staff Response: This condition has been met. The final plat is in compliance with the approved
preliminary plat.
2. The preliminary plat approval shall be valid for a period of three years from the date of approval.
Staff Response: This condition has been met. The City Council approved the preliminary plat
at their meeting on September 2, 2014, giving the plat an expiration date of September 2, 2017.
Subsequently, a two-year time extension was granted in August of 2017 with an expiration of
September 2, 2019.
3. Timberwolf Parkway shall be extended to intersect Reserve Place and the corresponding right-
of-way granted to the City of Kalispell.
Staff Response: This condition has been adequately addressed. Public Works issued a letter
approving the street improvements/design on March 29, 2018. Timberwolf Parkway is being
dedicated to the city and extended to Reserve Place, as shown on the approved site plan and
engineering approval. The developer has entered into a subdivision improvement agreement
with the City of Kalispell that can be used by the city as collateral to assure all infrastructure
required, is installed to city standards for design and construction.
4. The future centerline intersection of Timberwolf Parkway and Reserve Place shall be consistent
with the centerline of Ranch Road.
Staff Response: This condition has been adequately addressed. Public Works issued a letter
approving the street improvements/design on March 29, 2018. Timberwolf Parkway is being
extended to the centerline of Ranch Road, as shown on the approved site plan and engineering
approval. The developer has entered into a subdivision improvement agreement with the City
of Kalispell that can be used by the city as collateral to assure all infrastructure required, is
installed to city standards for design and construction.
5. Right-of-way shall be granted to the city for the entire 60-foot road and utility easement
(Timberwolf Parkway). The exact easement location shall be reviewed and approved by the
Kalispell Public Works department and shown on the final plat.
Staff Response: This condition has been met. Public Works issued a letter approving the street
improvements on March 29, 2018. Timberwolf Parkway is being granted to the city, as shown
on the approved engineering approval and final plat. The developer has entered into a
subdivision improvement agreement with the City of Kalispell that can be used by the city as
collateral to assure all infrastructure required, is installed to city standards for design and
construction.
6. Timberwolf Parkway shall be designed and fully constructed as a City of Kalispell collector
street in compliance with Kalispell Design and Construction Standards.
Staff Response: This condition has been met. Public Works issued a letter approving the street
improvements on March 29, 2018. Timberwolf Parkway has been designed and being
constructed per the city standards for design and construction. The developer has entered into
a subdivision improvement agreement with the City of Kalispell that can be used by the city as
collateral to assure all infrastructure required, is installed to city standards for design and
construction.
7. The frontage of the subdivision adjacent to Reserve Place shall be improved with a design that
is consistent with Kalispell Design and Construction Standards including, but not limited to:
sidewalk, curb and gutter, storm drainage, street lights, landscaped boulevard and street trees.
Staff Response: This condition has been adequately addressed. Public Works issued a letter
approving the street improvements on March 29, 2018. Reserve Place is being constructed per
the city standards for design and construction, as shown on the approved site plan and
engineering approval. The developer has entered into a subdivision improvement agreement
with the City of Kalispell that can be used by the city as collateral to assure all infrastructure
required, is installed to city standards for design and construction.
8. The developer shall submit to the Kalispell Public Works Department for review and approval
a stormwater report and an engineered drainage plan that meets the requirements of the current
city standards for design and construction. Prior to final plat, a certification shall be submitted
to the public works department stating that the drainage plan for the subdivision has been
installed as designed and approved.
Staff Response: This condition has been met. Public Works issued a letter approving the
stormwater plan on March 29, 2018. In addition, the developer has entered into a subdivision
improvement agreement with the City of Kalispell that can be used by the city as collateral to
assure all infrastructure required, is installed to city standards for design and construction.
9. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted
to Montana Department of Environmental Quality for the General Permit for Stormwater
Discharge Associated with Construction Activities.
Staff Response: This condition has been met. Public Works issued a letter approving the storm
water plan on March 29, 2018. DEQ issued a letter on October 16, 2018 for General Permit for
Storm Water Discharge Associated with Construction Activities.
10. The developer shall submit water and sanitary sewer plans, applicable specifications, and design
reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
Staff Response: This condition has been met. Public Works issued a letter approving the water
and sewer plans on March 29, 2018. DEQ issued a letter approving the water and sewer plans
on November 20, 2018. In addition, the developer has entered into a subdivision improvement
agreement with the City of Kalispell that can be used by the city as collateral to assure all
infrastructure required, is installed to city standards for design and construction.
11. Any lots without frontage on Timber Wolf Parkway or Old Reserve Drive shall have easements
extended across adjoining lots for sewage service.
Staff Response: This condition has been met. Public Works issued a letter approving the
required easements on March 26, 2019.
12. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction.
Staff Response: This condition has been met. Public Works issued a letter approving the street
designs on March 29, 2018.
13. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for
unfinished work.
Staff Response: This condition has been adequately addressed. Over 2/3 of the infrastructure
has been installed per the certified engineer's cost estimate. The developer has entered into a
subdivision improvement agreement with the City of Kalispell that can be used by the city as
collateral to assure the remaining infrastructure required is installed to city standards for design
and construction.
14. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of utilities
from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department
shall be obtained stating that the required easements are being shown on the final plat.
Staff Response: This condition has been met. Public Works issued a letter approving the
required easements on March 26, 2019.
15. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the
right to the joint use of an easement for the construction, maintenance, repair, and removal of their
lines and other facilities, in, over, under, and across each area designated on this plat as "Utility
Easement" to have and to hold forever."
Developer's Signature
Staff Response: This condition has been met. The note has been placed on the final plat.
16. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery
site and improvements shall also be included in the preliminary and final engineering plans to
be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk
or proposed boulevard area.
Staff Response: This condition has been met. An email from the US Postal service, dated April
8, 2019 has been submitted approving the mail delivery site. In addition, the developer has
entered into a subdivision improvement agreement with the City of Kalispell that can be used
by the city as collateral to assure all infrastructure required, is installed to city standards for
design and construction.
17. All utilities shall be installed underground.
Staff Response: This condition has been adequately addressed. Utilities have either been
constructed underground, or will be constructed in the near future, at which time they will be
verified via filed inspection by Public Works.
18. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
Staff Response: This condition has been adequately addressed. Due to snow the site has not
been revegetated to date, however, the site will be seeded in order to comply with the storm
water permit and further verified via field inspection by Public Works this spring.
19. No direct access driveway onto Lot 10 from Old Reserve Drive. Access shall be from Reserve
Place and align with Valley View Court.
Staff Response: This condition has been met. The final engineering approval does not show
access onto Old Reserve Drive and a note on the final plat is shown on the plat prohibiting the
access from Lot 10 onto Old Reserve Drive.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat approved by the Kalispell City
Council on September 2, 2014.
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 R-
5/PUD zoning designation for the property which governs the dimensional requirements of the lots
within the subdivision as well as the uses.
RECOMMENDATION:
It can be found that the conditions of preliminary plat approval have been met or are otherwise
adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for
Bright View — Phase 2.
Attachments: - Two mylars of final plat
- I I" x 17" copy of plat
- Applicant responses and final plat application dated 5/24/2019
- First American Title Insurance Company guarantee 5010500-719712-CT, dated
3/5/2019
- Subdivision Improvement Agreement and bond
- Engineer's cost estimate
- Flathead County tax certification, dated 3/20/2019
- Letter from Kalispell Public Works (utility easements), dated 3/26/2019
- Letter from Kalispell Public Works (engineering approval), dated 3/29/2018
- Montana Department of Environmental Quality water and sewer approval letter,
dated 11/20/2018
- Montana Department of Environmental Quality storm water permit, dated
10/16/2018
- Montana Department of Transportation letter, dated 4/18/2018
- Certification letter dated 3/27/2019
- Email from US Postal Service, dated 4/8/2019
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: Jackola Engineering
2250 HWY 93 South
Kalispell, MT 59901
State of Montana DNRC, ATTN: Anne Moran
655 Timberwolf Parkway, Suite 1
Kalispell, MT 59901
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Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fag: (406) 758-7739
www.kalisoell.com/nlanning
FINAL PLAT APPLICATION
Project /Subdivision Name: Bright View Subdivision Phase 2
Contact Person:
Name: Toby McIntosh
Address: 2250 Hwy 93 South
Kalispell, MT 59901 _
Phone No.: 406.755.3208
Date of Preliminary Plat Approval: September 2, 2014
Type of Subdivision: Residential Industrial
Total Number of Lots in Subdivision 13
Land in Project (acres) 26.055
Parkland (acres) _ N/A Cash -in -Lieu $
No. of Lots by Type:
Single Family Townhouse
Duplex Apartment
Commercial
Condominium
Industrial,
Multi -Family
Owner & Mailing Address:
State of Montana DN C #%V_M0AAN
655 Timberwolf Parkway, Ste 1
Kalispell, MT
406.751.2274
Commercial PUD X Other
Exempt YES
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development 13
Other
Legal Description of the Property Lot 3 of Bright View Subdivision Phase 1, Located within the North Half
of Section 36, Township 29 North, Range 22 West, Flathead County, MT
FILING FEE ATTACHED $ 2,425.00
Minor Subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
1
$400 + $125/lot
$800 + $125/lot
$800 + $125/lot
$50
RECEIVED
MAR 2 1 2019
OMM"Domm
Attached Not Applicable (MUST CHECK ONE
X Health Department Certification (Original)
- X Title Report (Original, not more than 90 days old)
X Tax Certification (Property taxes must be paid)
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: 2 mylars 1 11X17 Copy
1 full size copy 1 Electronic 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 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 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.
3
Owner(s liature �!L Date
G, c�
**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
5. A tie to either an existing subdivision corner or a corner of the public land survey system
2
Bright View Subdivision Phase 2
Preliminary Plat Conditions Compliance Review
General Conditions:
1. The development of the site shall be insubstantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council. (Kalispell
Subdivision Regulations, Appendix C - Final Plat)
Development of Bright View Subdivision, Phase 2 is largely in compliance with the approved
Preliminary Plat, Lots 5, 6 and the Utility Lot have been reconfigured to accommodate a sanitary
sewer lift station and storm drainage pond. The Final Plat (attachment J) and approved site plans
(attachment J) show compliance with this condition.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval. (Kalispell Subdivision Regulations, Section 2.04).
The Preliminary Plat was approved by the City of Kalispell on the 2nd of September 2014. A
two-year extension was granted August 29, 2017 with an expiration date of September 2, 2019.
(attachment A)
3. Timberwolf Parkway shall be extended to intersect Reserve Place and the corresponding
right-of-way granted to the City of Kalispell. (Kalispell Subdivision Regulations, Section
28.30.04).
This condition will be met upon completion of the construction of Timberwolf Parkway.
Timberwolf Parkway is being extended to intersect Reserve Place as shown in the approved site
plans (attachment 1).
4. The future centerline intersection of Timberwolf Parkway and Reserve Place shall be
consistent with the centerline of Ranch Road. (Kalispell Subdivision Regulations, Section 28.
3.14)
The centerline of Timberwolf Parkway and its intersection with Reserve Place and Ranch Road is
consistent with the approved Preliminary Plat and the platted centerline shown on the
Amended Plat of Lot 3, Bright View Subdivision, Phase 1.
Prior to final plat:
5. Right-of-way shall be granted to the city for the entire 60 -foot road and utility easement
(Timberwolf Parkway). The exact easement location shall be reviewed and approved by the
Kalispell Public Works department and shown on the final plat. (Finding of Fact, Section D)
The Timberwolf Parkway right-of-way is being granted to the City of Kalispell as stated in the
Certificate of Dedication shown on the Final Plat (attachment 1),
6, Timberwolf Parkway shall be designed and fully constructed as a City of Kalispell collector
street in compliance with Kalispell Design and Construction Standards. (Findings of Fact,
Section D)
Resolution 5649, condition 7 of the first phase of Bright View indicated that Timberwolf Parkway
be classified as a Local Street and therefore was constructed to the boundary with Phase 2
meeting local street standards. Phase 2 connects and extends the previously constructed street
to Reserve Place and is being done in compliance with the Kalispell Design and Construction
Standards as shown on the approved site plans. (attachment K).
7. The frontage of the subdivision adjacent to Reserve Place shall be improved with a design
that is consistent with Kalispell Design and Construction Standards including, but not
limited to; sidewalk, curb and gutter, storm drainage, street lights, landscaped boulevard
and street trees.
This condition will be met upon completion of the construction of the frontage adjacent to
Reserve Place as shown on the approved site plans.
8. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan that meets the
requirements of the current city standards for design and construction. Prior to final plat, a
certification shall be submitted to the public works department stating that the drainage
plan for the subdivision has been installed as designed and approved. (Kalispell Design and
Construction Standards)
The plans and specifications for Bright View Subdivision, Phase 2 have been approved by the
City per attachment E, a letter from the Kalispell Public Works Department. A Subdivision
Improvements Agreement (SiA) is being submitted with the Final Plat to guarantee completion
of outstanding site improvements as the entire system construction is not complete. A copy of
the SIA can be found in attachment G along with a letter confirming that a bond will be
provided.
9. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Stormwater Discharge Associated with Construction Activities. (Kalispell Design and
Construction Standards)
The Confirmation Letter from DEQ notifying the contractor of DEQ acceptance under the
General Permit is included as attachment F.
10. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction. (Kalispell Design and Construction Standards)
We have attached copies of the approvals received from the Montana Department of
Environmental Quality (attachment D) and the Kalispell Public Works Department (attachment
E) showing compliance with this condition.
11. Any lots without frontage on Timberwolf Parkway or Old Reserve Drive shall have
easements extended across adjoining lots for sewage service. (Kalispell Design and
Standards)
Each lot has frontage to either Timberwolf Parkway or Reserve Place. Access and utility
easements, as shown on the Final Plat (attachment J), were provided along the south boundary
of Lots 6 through 9 to allow for flexibility of access as well as potential extension of City utilities.
12. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. (Kalispell Design and Construction Standards.
The plans and specifications for the subdivision have been approved by the City per attachment
E, a letter from the Kalispell Public Works Department.
13. A letter from the Kalispell Public Works Department shall be submitted stating that all the
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted
for unfinished work. (Kalispell Design and Construction Standards)
A Subdivision Improvements Agreement (SIA) is being submitted with the Final Plat to guarantee
completion of outstanding site improvements. A copy of the SIA can be found in attachment G.
14. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public
Works Department shall be obtained stating that the required easements are being shown
on the final plat. (Kalispell Subdivision Regulations, Section 3. 18)
Existing and proposed easements are indicated on the Final Plat. A letter of approval from
Kalispell Public Works Department is included (attachment H).
15. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering
to provide telephone, telegraph, electric power, gas, cable television, water or sewer service
to the public, the right to the joint use of an easement for the construction, maintenance,
repair, and removal of their lines and other facilities, in, over, under, and across each area
designated on this plat as " Utility Easement" to have and to hold forever." (Kalispell
Subdivision Regulations, Section 3. 18(E))
The statement is shown on the Final Plat (attachment J).
16. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations
Section 3.22)
A copy of the approval from the US Postal Service is included (attachment 1).
On -going conditions:
17. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17)
All utilities will be installed underground per the approved site plans.
18. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
All areas disturbed during construction will be re -vegetated as indicated in the approved plans.
19. No direct access driveway onto Lot 10 from Old Reserve Drive. Access shall be from Reserve
Place and align with Valley View Court.
A note stating "No direct access driveway onto Lot 10 from Old Reserve Drive. Access Shall be
from Reserve Place and align with Valley View Court." is shown on the Final Plat (attachment K).
Attachments:
A. Resolution 5690 Bright View Subdivision, Phase 2 Preliminary Plat Approval and Extension
Approval.
B. Title Report (Guarantee #5010500-719712-CT)
C. Tax Certification
D. DEQApproval
E. Public Works Department Approval and MDT Approval
F. DEQ SWPPP approval
G. Subdivision Improvement Agreement & Engineers Estimate
H. Public Works Department Easement Approval
I. USPS Approval
J. Final Plat
K. Approved Site Plans
RESOLUTION NO.5690
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
BRIGHT VIEW SUBDIVISION PHASE 2, DESCRIBED AS LOT 3 OF BRIGHT VIEW
SUBDIVISION PHASE 1, LOCATED WITHIN THE NORTH ONE-HALF OF SECTION 36,
TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Montana Department of Natural Resources and Conservation (DNRC), the owner of
the certain real property described above, has petitioned for approval of the
Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
August 12, 2014 on the proposal and reviewed Subdivision Report #KPP-14-02
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Bright View Subdivision Phase 2 subject to
certain conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of September 2,
2014, reviewed the Kalispell Planning Department Report #KPP-14-02, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-14-02 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of DNRC for approval of the Preliminary Plat of Bright
View Subdivision Phase 2, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
General Conditions:
The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council. (Kalispell
Subdivision Regulations, Appendix C — Final Plat)
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval. (Kalispell Subdivision Regulations, Section 2.04).
3. Timberwolf Parkway shall be extended to intersect Reserve Place and the corresponding
right-of-way granted to the City of Kalispell. (Kalispell Subdivision Regulations, Section
28.30.04)
4. The future centerline intersection of Timberwolf Parkway and Reserve Place shall be
consistent with the centerline of Ranch Road. (Kalispell Subdivision Regulations, Section
28.3.14)
Prior to final plat:
S. Right-of-way shall be granted to the city for the entire 60-foot road and utility easement
(Timberwolf Parkway). The exact easement location shall be reviewed and approved by the
Kalispell Public Works department and shown on the final plat. (Finding of Fact, Section D)
6. Timberwolf Parkway shall be designed and fully constructed as a City of Kalispell collector
street in compliance with Kalispell Design and Construction Standards. (Findings of Fact,
Section D)
7. The frontage of the subdivision adjacent to Reserve Place shall be improved with a design
that is consistent with Kalispell Design and Construction Standards including, but not limited
to: sidewalk, curb and gutter, storm drainage, street lights, landscaped boulevard and street
trees.
8. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. Prior to final plat, a certification shall
be submitted to the public works department stating that the drainage plan for the subdivision
has been installed as designed and approved. (Kalispell Design and Construction Standards)
9. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Stormwater Discharge Associated with Construction Activities. (Kalispell Design and
Construction Standards)
10. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction. (Kalispell Design and Construction Standards)
11. Any lots without frontage on Timberwolf Parkway or Old Reserve Drive shall have
easements extended across adjoining lots for sewage service. (Kalispell Design and
Construction Standards)
12. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. (Kalispell Design and Construction Standards)
13. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted
for unfinished work. (Kalispell Design and Construction Standards)
14. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final
plat. (Kalispell Subdivision Regulations, Section 3.18)
15. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the construction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
16. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations,
Section 3.22)
On gLm conditions:
IT All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17)
18. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
19. No direct access driveway onto Lot 10 from Old Reserve Drive. Access shall be from
Reserve Place and align with Valley View Court.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 2ND DAY OF SEPTEMBER, 2014.
Mark Johnson
Mayor
ATTEST:
Theresa White
City Clerk
GUARANTEE
Issued by
First American Title Company
219 East Center 5treet/Po Box 1310, Kalispell, MT 59941
Title Officer.- L eske Lane
Phone: (406)752-5388
FAX' (406)752-9617
Farm 5010500 (7-1-14) Page 1 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 (7-1-14)
Guarantee Face Page -Exclusions, Conditions and Stipulation5
44, �uERFr* Guarantee Face Page
` I First American T tle ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
Guarantee 5010500-719712-CT
M Ejy,c
Firsr Americana rive insurance Company
Oannis J G�tmora
Jotrray 5. Robmsan
Soctotory
Form 5010500 (7-1-14) Page 2 of 9 Guarantee Face Page - Exdusions, Conditions and Stipulations
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1, Except to the extent that spec€tic assurances are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters against the title, whether or not shown by the
publlc 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 proceedings, whether
or not the matters excluded under (1) or (2) are shown
by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or
exceptions In patents or In Acts authorizing the issuance
thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are
shown by the public records.
2. [Notwithstanding any specific assurances which are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters affecting the title to any property beyond the
lines of the land expressly described In the description set
forth In Schedule (A), (C) or in Part 2 of this Guarantee,
or title to streets, roads, avenues, lanes, ways or
waterways to which such land abuts, or the right to
maintain therein vaults, tunnels, ramps or any structure
or improvements; or any rights or easements therein,
unless such property, rights or easements are expressly
and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other
matters, whether or not shown by the public records; (1)
which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result In no loss
to the Assured; or (3) which do not result in the invalidity
or potential invalidity of any judicial or non -judicial
proceeding which Is within the scope and purpose of the
assurances provided.
(c) The Identity of any party shown or referred to in
Schedule A.
(d) The validity, legal effect or priority of any matter shown
or referred to In this Guarantee
GUARANTEE CONDITIONS AND STIPU LATIONS
DEFINITION OF TERMS.
The fallowing terms when used in the Guarantee mean. -
(a) the "Assured": the patty or parties named as the
Assured in this Guarantee, or on a supplemental writing
executed by the Company.
(b) "land": the land described or referred to In Schedule
(A)(C) or In Part 2, and Improvements affixed thereto
which by law constitute real property. The terra "land"
does not Include any property beyond the lines of the
area descrlbed or referred to In Schedule (A)(C) or In Part
2, nor any right, title, Interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or
waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or
other security Instrument.
(d) "public records": records established under state
statutes at Date of Guarantee for the purpose of
Imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
NOTICE OF CLAIM TO BE GIVEN BY ASSURED
CLAIMANT.
An Assured shall notify the Company promptly in writing in
case knowledge shall come to an Assured hereunder of any
claim of title or interest which Is adverse to the tilde to the
estate or interest, as stated herein, and which might cause
loss or damage for which the Company may be liable by virtue
of this Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice
is required; provided, however, that failure to notify the
Company shall in no case prejudice the rlghts of any Assured
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,
notwithstanding the nature of any allegation in such action or
proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE
ACTIONS; DUTY OF ASSURED CLAIMANT TO
COOPERATE.
Even though the Company has no duty to defend or prosecute
as set forth in Paragraph 3 above:
(a) The Company shall have the right, at Its sole option and
cost, to institute and prosecute any action or proceeding,
Interpose a defense, as limited In (b), or to do any other
act which in Its opinion may be necessary or desirable to
establish the title to the estate or interest as stated
herein, or to establish the lien rights of the Assured, or to
prevent or reduce loss or damage to the Assured. The
Company may take any appropriate action under the
terms of this Guarantee, whether or not it shall be liable
hereunder, and shall not thereby concede liability or
waive any provision of this Guarantee. If the Company
shall exercise its rights under this paragraph, it shall do
so diligently.
(b) If the Company elects to exercise its options as stated in
Paragraph 4(a) the Company shall have the right to
select counsel of its choice (subject to the right of such
Assured to object for reasonable cause) to represent the
Assured and shall not be liable for and will not pay the
fees of any other counsel, nor will the Company pay any
fees, costs or expenses Incurred by an Assured in the
defense of those causes of action which allege matters
not covered by this Guarantee.
(c) Whenever the Company shall have brought an actlon or
Interposed a defense as permitted by the provisions of
Fonn SOWS 0 (7.1-14) Page 3 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
i
this Guarantee, the Company may pursue any litigation
to final determination by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to
appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company
to prosecute or provide for the defense of any action or
proceeding, an Assured shall secure to the Company the
right to so prosecute or provide for the defense of any
action or proceeding, and all appeals therein, and permit
the Company to use, at Its option, the name of such
Assured for this purpose. Whenever requested by the
Company, an Assured, at the Company's expense, shall
give the Company all reasonable aid In any action or
proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or lawful act which in
the opinion of the Company may be necessary or
desirable to establish the bide to the estate or interest as
stated herein, or to establish the lien rights of the
Assured. If the Company is prejudiced by the failure of
the Assured to furnish the required cooperation, the
Company's obligations to the Assured under the
Guarantee shall terminate.
S. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 2
of these Conditions and Stlputatlons have been provided to
the Company, a proof of loss or damage signed and sworn to
by the Assured shall be furnished to the Company within
ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or
damage shall describe the matters covered by this Guarantee
which constitute the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company Is prejudiced by the
failure of the Assured to provide the required proof of loss or
damage, the Company's obligation to such Assured under the
Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to examinatiun under oath
by any authorized representative of the Company and shall
produce for examinadon, inspection and copying, at such
reasonable times and places as may be designated by any
authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, If
requested by any authorized representative of the Company,
the Assured shall grant its permission, in writing, for any
authorized representative of the Company to examine, Inspect
and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party,
which reasonably pertain to the loss or damage. All
information designated as confidential by the Assured
provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, It is necessary In the adminlstration of the claim.
f Fallure of the Assured to submit for examination under oath,
produce other reasonably requested information or grant
jpermission to secure reasonably necessary information from
third parties as required In the above paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this Guarantee to the
Assured for that claim,
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY.
In case of a claim under this Guarantee, the Company shall
have the following additional options;
(a) To Pay or Tender Payment of the Amount of Liabiit y or
to Purchase the Indebtedness.
The Company shall have the option to pay or settle or
compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the
coverage of this Guarantee, or to pay the full amount of
this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a penholder, the
Company shall have the option to purchase the
Indebtedness secured by said mortgage or said lien for
the amount owing thereon, together with any costs,
reasonable attorneys' fees and expenses incurred by the
Assured claimant which were authorized by the Company
up to the time of purchase.
Such purchase, payment or tender of payment or the full
amount of the Guarantee shall terminate all liability of
the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the
Company offers to purchase said Indebtedness, the
owner of 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 option provided
for In Paragraph (a) the Company's obligation to the
Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosecution of any litigation
for which the Company has exercised Its options under
Paragraph 4, and the Guarantee shall be surrendered to
the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties tither Than the
Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the
name of an Assured claimant any claim assured against
under this Guarantee, together with any costs, attorneys'
fees and expenses Incurred by the Assured claimant
which were authorized by the Company up to the time of
payment and which the Company is obligated to pay,
Upon the exercise by the Company of the option provided
for in Paragraph (b) the Company's obligation to the
Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in
that paragraph, shall terminate, including any obligation
to continue the defense or prosection of any litigation for
which the Company has exercised its options under
Paragraph 4.
DkTFRMINATION AND EXTENT OF LIABILITY.
This Guarantee is a contract of Indemnity against actual
monetary loss or damage sustained or incurred by the
Assured claimant who has suffered loss or damage by reason
of reliance upon the assurances set forth In this Guarantee
and only to the extent herein described, and subject to the
Form 5010500 (7-1-14) Page 4 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
Exclusions From Coverage of This Guarantee. the Assured shall transfer to the Company all rights and
The liability of the Company under this Guarantee to the remedies against any person or property necessary in order to
Assured shall not exceed the least of: perfect this right of subrogation. The Assured shall permit the
(a) the amount of liability stated in Schedule A or In Part 2; Company to sue, compromise or settle in the name of the
(b) the amount of the unpaid principal Indebtedness secured Assured and to use the name of the Assured In any
by the mortgage or an Assured mortgagee, as limited or transaction or litigation involving these rights or remedies.
provided under Section 6 of these Conditions and If a payment on account of a claim does not fully cover the
Stipulations or as reduced under Section 4 of these loss of the Assured the Company shall be subrogated to all
Conditions and Stipulations, at the time the loss or rights and remedies of the Assured after the Assured shall
damage assured against by this Guarantee occurs, have recovered its principal, interest, and costs of collection.
together with Interest thereon; or 12. ARBITRATION.
(c) the difference between the value of the estate or interest Unless prohibited by applicable law, either the Company or
covered hereby as stated herein and the value of the the Assured may demand arbitration pursuant to the Title
estate or interest subject to any defect, lien or Insurance Arbitration Rules of the American Arbitration
encumbrance assured against by this Guarantee. Association. Arbitrable matters may include, but are not
S. LIMITATION OF LIABILITY. limited to, any controversy or claim between the Company
(a) If the Company establishes the title, or removes the and the Assured arising out of or relating to this Guarantee,
alleged defect, lien or encumbrance, or cures any other any service of the Company In connection with its Issuance or
matter assured against by this Guarantee In a reasonably the breach of a Guarantee provision or other obligation. All
diligent manner by any method, including litigation and arbitrable matters when the Amount of Liability is $1,o00;oo0
the completion of any appeals therefrom, It shall have or less shall be arbitrated at the option of either the Company
fully performed its obligations with respect to that matter or the Assured. All arbitrable matters when the amount of
and shall not be liable for any loss or damage caused liability is In excess of $1,000,000 shall be arbitrated only
thereby. when agreed to by both the Company and the Assured. The
(b) In the event of any litigation by the Company or with the Rules in effect at date of Guarantee shall be binding upon the
Company's consent, the Company shall have no liability parties. The award may include attorneys' fees only if the
for loss or damage until there has been a final laws of the state In which the land Is located permits a court
determination by a court of competent Jurisdiction, and to award attorneys' fees to a prevailing party. Judgment upon
disposition of all appeals therefrom, adverse to the tide, the award rendered by the Arbitrator(s) may be entered In
as stated herein. any court having jurisdiction thereof.
(c) The Company shall not be liable for lass or damage to The law of the sltus of the land shall apply to an arbitration
any Assured for liability voluntarily assumed by the under the Title insurance Arbitration Rules.
Assured in settling any claim or suit without the prior A copy of the Rules may be obtained from the Company upon
written consent of the Company. request.
9. REDUCTION OF LIABILITY OR TERMINATION OF 13. LIABILITY LIMITED TO THIS GUARANTEE;
LIABIL.I'TY. GUARANTEE ENTIRE CONTRACT.
All payments under this Guarantee, except payments made (a) This Guarantee together with all endorsements, if any,
for costs, attorneys fees and expenses pursuant to Paragraph attached hereto by the Company is the entire Guarantee
4 shall reduce the amount of liability pro tanto. and contract between the Assured and the Company. In
10. PAYMENT OF LOSS. interpreting any provision of this Guarantee, this
(a) No payment shall be made without producing this Guarantee shall be construed as a whole.
Guarantee for endorsement of the payment unless the (b) Any claim of loss or damage, whether or not based on
Guarantee has been lost or destroyed, in which case negligence, or any action asserting such claim, shall be
proof of loss or destruction shall be furnished to the restricted to this Guarantee.
satisfaction of the Company. (c) No amendment of or endorsement to this Guarantee can
(b) When liability and the extent of loss or damage has been be made except by a writing endorsed hereon or
definitely fixed in accordance with these Conditions and attached hereto signed by either the President, a Vice
Stipulations, the lass or damage shall be payable within President, the Secretary, an Assistant Secretary, or
thirty (30) days thereafter. validating officer or authorized signatory of the Company,
11. SUBROGATION UPON PAYMENT OR SETTLEMENT. 14. NOTICES, WHERE SENT.
Whenever the Company shall have settled and paid a claim All notices required to be given the Company and any
under this Guarantee, all right of subrogation shal( vest in the statement in writing required to be furnished the Company
Company unaffected by any act of the Assured claimant, shall include the number of this Guarantee and shall be
The Company shall be subrogated to and be entitled to ail addressed to the Company at First American Title
rights and remedies which the Assured would have had Insurance Company, Attu; Claims National Intake
against any person or property in respect to the claim had this Center, 1 First American Way, Santa Ana, Caalifomia
Guarantee not been issued, If requested by the Company, 92707. Phone: 888-632-1642.
Form S010500 (7-1-14) Page 5 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
k First American Vide
Guarantee
Subdivision Guarantee
1ssUEP BY
First American Title Insurance Company
GUARANTEE NUMBER
50I0500-719712-CT
Subdivision or Proposed Subdivision: Bright View Subdivision, Phase 2
Order No,: 719712-CT
Reference No.: Fee: $150.00
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:
Swank Enterprises
FOR THE PURPOSES 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 descrihed on the attached legal description:
LOT 3A OF THE AMENDED PLAT OF LOT 3 OF BRIGHT VIEW SUBDIVISION, PHASE 1,
ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF
THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA.
TO BE KNOW AS BRIGHT VIEW SUBDIVISION PHASE 2.
(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 Plats and offering for dedication any streets, roads, avenues, and other easements offered for
dedication by said Plat are:
State of Montana Department of Natural Resources and Conservation
(B) Parties holding liens or encumbrances on the title to said lands are:
(C) Easements, claims of easements and restriction agreements of record are:
County road rights -of -way not recorded and indexed as a conveyance of record in the office of the
Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of
the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on
County Surveyor's maps on file in the office of the County Surveyor of Flathead County.
Form 5010500 (7-1-14) Page 6 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
2019 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 following 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 Half Parcel Number
2018 $1,545.49 PAID $1,545.48 NOT 0506157
PAID
Resolution No. 4661 by the City Council of the City of Kalispell for annexation, recorded November 2,
2001, as Doc. No. 2001-306-09060 re -recorded to amend legal description January 15, 2002, as Doc
No. 2002-0I5-111sn.
4. 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-
11180.Modified by Ordinance No. 1486 Authorizing and Adopting an Amendment to the Developer's
Agreement for the Planned Unit Development for Spring Prairie Center, recorded April 2, 2004, as
Doc. No. 2004-093-16210,
5. Easement for access, including the right to install underground pipes and other equipment that may
be needed to transport water granted to the City of Kalispell, recorded February 6, 2009 as Doc. Nos.
2009-000-02994 and 2009-000-02995.
Corrective Deed relating to above documents, recorded December 1, 2014, as Doc. No. 2014-000-
24231.
Latecomers Agreement for Reimbursement for Municipal Water and Sewer System Extensions upon
the terms, conditions and provisions contained therein:
Parties: Owl Corporation and the City of Kalispell
Recorded: May 5, 2006, as Doc. No. 200612509030
Amendment to Latecomers Agreement for Reimbursement for Municipal Waer and Sewer System
Extensions, recorded May 18, 2011 as Instrument No. 201100010329.
Memorandum of Understanding regarding the Latecomers Agreement, recorded August 16, 2011, as
Doc. No. 2011-000-16731.
7. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which
may exist by reason thereof, disclosed on the recorded plat of Bright View Subdivision, Phase 1 and
Lot 3A of the Amended Plat of Lot 3 of Bright View Subdivision, Phase 1, 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 3604(c),
8. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and
Environmental Services filed with the Plat of Bright View Subdivision, Phase 1 on May 12, 2014, as
Doc. No. 2014-000-07969.
9. Covenants, Conditions and Restrictions recorded May 13, 2014, as Doc. No. 2014-000-08088, 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).
ronn 5u1U500 (7-1-14) Page 7 or 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
10, Unrecorded leaseholds; rights of parties in possession, 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.
Date of Guarantee: March 05, 2019 at 7:30 A.M.
First American rttle Company
By:
Authorized Countersignature
Form 5010500 (7-1-14) Page 8 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
.
I First American
Privacy In€ormation
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with corWin Information. We understand that you may be concerned
about what we wIF do with such Information - particularly any personaj or financial Information. We agree that you have a right to know how we WIT utliize the
personal Information you provide to us. Therefore, together with our subScifarfes we have adopted this Privacy Policy to govern the use and handling of your
Personal Information.
Applicability
This Privacy Policy governs our use of the Information that you provide to us, It does not govern the manner In which we may use Information we have obtained
from any other source, such as information obtained from a public record or Tram another person or entity. First American has also adopted broader guidelines
that govern Our use of personal Information regardless of Its source. First American calls these gulddhes Its Fair Information Values.
Types of Information
Depending open which of our services you are utiltzing, the types of nonpublic personal information that we may collect include:
Informatlan we meeive hom you on applications, forms and in other communicadons to us, whetherin writing, in person, by telephone or arry other
means;
Information about your transactions with us, our affiliated companies, or others; and
Infcr madon 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 redease your
Information to nonaffiliated partles except: (1) as necessary fur us to provide the product or service you have requested of us; or (2) as permitted by law. We
may, however, store such information Indefinitely, InrJudfng the period after which any customer relationship has ceased. Such information may be used for any
Internal purpose, such as quality central efforts or customer analysis. We may also provide all of the types of nonpublic personal Informatiun fisted above to one or
more of our affiliated companies. Such affiliated companies Indude Financial service providers, such as We Insurers, property and casualty Insurers, and trust and
Investment advisory companies, or companies involved In real estate services, such as appraisal companies, home warranty companle5 and escrow companies.
Furthermore, we may also provide all the Information we cofred, as described above, to companies that perform marketing services on our behalfr on behalf of
our affdlated companies or to other financial InsEtudnns with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply W 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 across to nonpublic personal information
aboutyau to those Individuals and entities who need to know that information to provide products or services to you. We will use our test efforts to train and
over" our employees and agents to ensure that your information will be handled responsibly and in accordance with this privacy Policy and First American's Fair
information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal raguiations to guard your nonpublic personal
information.
Information Obtained Through Our Web Site
First American Flnandal Corporation is sensitive to privacy issues on the Internet we believe it is Important you know how we treat the information about you we
receive on the Internet. In generair you can visit First American or Its affiliates Web sites on the Wodd Wide Web without telling us who you are or revealing any
Information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the
number of visiu, average time spent on the site, pages viewed and similar Information. First Amerlcon uses this Information to measure the use ofour Ste and to
develop Ideas to Improve the content of our site.
There are times, however, when we may need Information from you, such as your name and email address. When Information Is needed, we will use our best
efforts to let you know at the time of collection how we will use the personal information. usually, the personal Information we coiled is used only by us to
respond to your inquiry, process an order or allow you to acmes wer'fic account profile Infornaton. If you choose to share any personal Information with us, we
will only use it in accordance with the policies outfined above.
BUSinoss Relationships
First American Financial Corporation's site and its affUatrs' sites may contain Inks to other Web sites. While we try to Fink only to sites that chart our high
standards and respect for privacy, we are not responsible for the content or the privacy prattles employed by Other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and tO customize information to your personal tastes. A cookie is
an element of data that a Web site ran send to your browser, which may then store the cookie an your hard drive.
irstAm.[otn uses stored cookles. The goal or this technology is to better serve you when visipng our site, save you time when you are here and to provide you
with a more meaningful and productive Web site expenancn
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance
between consumer benefits and consumer privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We
adlaely support an Open public record and emphasize Its importance and contribution to our economy.
Use we believe we should behave responsibly when we use Information about a consumer in Our business. We will obey the laws governing the collection, use
and dissemination of data.
Accuracy We will take reasonable steps to help assure title accuracy of the data we tolled, use and disseminate. Where pnssib,le, we vrill take reasonable steps to
correct Inaccurate Information. When, as with the public record, we cannot correct Inaccurate information, we will take all reasonable steps to assist consumers in
Identirying the source of the eruneous data so that the consumer can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others fn our industry about the Importance of ransomer privacy,
We will instruct our employees an our fair information values and on the respcnsrhle collection and use of data. We will encourage others in our Industry to coiled
and use inrormation In a responsfife manner.
Security We will maintain appropriate facilitfes and systems to protect against unauthur-Lxd access to and corruptlon of the data we maintain.
Form 54FIUVACY (9-1-10) Page t of 1 1Privacy information ( 2001-2010 Rrst Amedwn Financial Corporation)
Form 5010500 (7-1-14) Page 9 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations
'
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"This plat is provided solely for the
purpose of assisting in locating the land,
and the Company assumes no liability
for variations, if any, with actual survey."
First American Title Company
I
n_.._ A 9.
� �E Vf11eCe Imp• wV. --..__
mbp" mr am # Amended Plat Of
r„s""-dwi LOT 3 r PH „a. 0"105 lrrvrroe mjoye , BRIGHT VIEW' SUBDIVISION -PHASE 1
DNMW DAM blaffi m ✓o,, cold
cvmpu mmA/N�,v1G A Sutrdivlaian Located to
Deane drerer OFYMVW I's [} . A Dm I N1/2 SEC 36, T-29X, R-22W P-N bf., F'IATI&AD COUNfY, MONTANA
B LJ
uu a . ,.•.,, ..o ��,..... �. «.. a .. .. �. ..—,r.+., e
�,n ,mlr sty �y'ti `�..: M._. •,u..m. m,.o�nw. a
4 � �f a � 1 itlGlY vu• SLSYiAP! ,Yfa4 f
M � �•� � 1 `r ri• �wwt y f
•i4a�.vs nm[tI �yqd
tumr�rs�...,., y�w��-, �.W ti ,. �i � tram ae•� m m�x� ema
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"This plat Is provided solely for the
Purpose ntassisting in locating the land,
and the Company assumes no Iiabii€iy
for variations, it any, w[th actual s urvny."
First American Title Company
Page 1/1
o yy..,•a�a �,'.n
• w•,. kY rr.. 4. f,.+i,1
• �vr.r.wtr�
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�irn ec �es4a s
�eiaiµ y. sln.
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Na'#Lsf. FtLc No.Ll6dddy
(heat falls 080546 -A. F-Lown
to 4 h trim *t* prt*Nbt sW MMP,
IMM, Thane have to m deposited in the Go aral Land Drfiae
of the Rnited Stetse an application by the Stage of Montana snd an
Order of the Scare" of the Interior directing that a patent assure
to the State of Montana under the provisions of the dot of Coagrsan
apprcred IV" 21. 1934 (48 Stat. Mfi)� entitled "An Aot Authorising
the Searstarf of the Interior to ism patents. to the numbered school
seetions in plane, granted to the States by the flat apptard febrvery
22, IM9. by the Aot approved January 25, 1927 (44 Stat. 143*), and by
any other Ant of Congress," for the following n►uabw*& school aect3an
lands in pica*, granted for the snpport of **own schools and the title
to which rested in the State of Montana under the Aot of Iabruary 22,
1809 (25 Stat. 676) upon ito adn#ssion into the Union on xoweaber 8,
ism (26 stet. 1651):
Principal Keridian, Montana.
To,rnship twenty-eight north of Range twenty mast,
The section sixteen.
Sowauhip twenty -Mine north of Range twenty rest,
The Sections sixteen and thirty-six.
Tbouship twenty-eight north of Rang* twenty-one wrest,
The northwest quarter of the aortbvest quarter, the south half of
the aorthwast quarter, the southwest quarter, the west half of th*
southeast quarter, and the Lot two of Section sixteen and the north-
east quarter of the northeast quarter, the south half of the northeast
quarter, the east half of the southwest quarter. the southwest quarter
of tha southwest quarter, and the southeast quarter of Section thirty-
six.
Township twenty-nine uortb of Range twenty -ens west,
The Ssotioa sixteen.
Township twenty-eight north of R&W testy -two meet, F
The Section sixteen._
XXM or rszswrrw, Pain* r..%.W "' �
Great ?alls 00%48-A.
Tmtmhip twenty-nine north of Range tw tT-tro west.
TM Sections sixteen and tbirt7-six, containing is the aerate,
fire thoueaud two b=dred fourt"m acres acid ainstT-fire hwxh,edths of
an ad". es Ebowu by the 4friaial Mats of the Sumg of the said Lead
an file in the Godard Land Wide:
*", TOWSM-a WT 73, That the VnM STATM DF SBA., in eon-
sidsration of the presiaes, aad in aonforait7 with the said Ant of Con-
Sys of Jams 21. 1934, and as evidence of the title which was granted
to and rested in the State Of Montana to tics above -described land on
Rareaber 9, 'M for the support of comon schools, as aforesaid, and
is aonfir"tian of such title for such purpose, W MTW A11D aiG11 O,
and by these presents DW (;r" AND CRAM', ante the said State of bantam
and to its assigns, the lantis atoTe-desorlb9d; T4 HAVE AND TO HOLD the
saes, together with all the rights, privileges, i1raunittes, and appurto-
aanaes, of whdtsoaTsr nature tdereunto belonging, unto the said State of
lontana, and to its aseigaa forever.
OF satMraa Q= wMMW, a; 1Freatrlin D, Roosevelt,
P-"W at dw VWWd'PWW K Anwsn% hm .awed aawa, IMM to W .ado
lrrt� ad a ftd of 04 60mai L 4 "m b be kwvm w wand,
GATxx .rw w 104 M do 4Xi st W.&6 .' ywuowliti
dw of Y Y the:� of Ow Lad aaa eLwrW
Ohm h Wkgdaal TNIIITY-MINE
ri a* aia ddg"600a M n.
Vow BMW t w am `rid ��� -T111110
1161�j3�
a00"D oar ram, atiraw yra.r.,�..,.._
Return to:
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this %� t�' day of _ A Pr i , 20 J ,
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
SWANK ENTERPRISES INC.
(Name of Developer)
a CORPORATION
(Individual, Company or Corporation)
located at P.O. Box 10007, Kalispell, MT 59901
(Street Address/P. O, Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
)N ITNESSETH:
THAT WHEREAS, the Developer is the developer of a new subdivision known as
BRIGHT VIEW SUBDIVISION PHASE 2
(Name of Subdivision)
located at
NHN TIMBERWOLR PARKWAY NW Y2 SECTION 36T, 29 N. R. 22. W.
(Location of Subdivision)
and,
WHEREAS, the City has conditioned its approval of the final plat of
BRIGHT VIEW SUBDIVISION PHASE 2 , upon the conditions as set forth in the Preliminary Plat of the
Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at
this time, and the Developer wishes to bond for the completion of those improvements set forth in
"Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
security of 125% of the estimated total cost of construction of said improvements as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ 478,583.13
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows;
The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable
collateral as determined by the City Council, in the amount of $478 583.13
Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days
following the date set for completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $478 583.13 the
estimated cost of completing the required improvements in
BRIGHT VIEW SUBDIVISION PHASE 2
(Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within the required
period, the creditor will pay to the City immediately, and without further action, such
funds as are necessary to finance the completion of those improvements up to the
limited of credit stated in the letter;
2. That said required improvements shall be fully completed by November 30 , 2019
3. That upon completion of the required improvements, the Developer shall cause to be filed with
the City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by
the City for their construction and that the Developer warrants said improvements
against any and all defects for a period of two (2) years from the date of acceptance of
the completion of those improvements by the City;
c, That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, gradcs and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision Improvement
Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold
collateral sufficient to insure such compliance. If the City determines that the Developer will not
construct any or all of the improvements in accordance with the specifications, or within the required time
limits, it may withdraw the collateral and employ such funds as may be necessary to construct the
improvement or improvements in accordance with the specifications. The unused portions of the
collateral shall be returned to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
SWANK ENTERPRISES INC.,
(Name of Subdivision/])eveloper/Firm)
b
(Title)
STATE OF MONTANA
COUNTY OF FLATHEAD y
On this day of r1 , 20 1 9 , before me, a Notary Public for the
Sl ltee�of o�ntana personally appegled �j�qY�,� , known to me to be the
vA t c R—% , whose name is subscribed to
the foregoing instrument and acknowledged to me that he/s e executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and
far fast above written.
uafiF LEA ANN NOFFSINGER
NOTARY PUSUC for the
t30TARlq� State of Montane
Notary Public for the State of Montana SEAL! Residing at Whitefish,
=e -M10 PaP sty Commiasion Expires {
August 22, 2022
i
t
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR
CITY CLERK
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction completion
date and estimated construction costs.
(See attached Engineer's Estimate)
COMPLETION BOND
BOND NO. 107033231
Know all men by these presents that we, SWANK ENTERPRISES as Principal, and the
Travelers Casualty And Surety Company Of America, a corporation organized under the
laws of the State of CT and duly authorized to transact business in the State of Montana as
Surety, are held and firmly bound unto City Of Kalispell as Obligee, in the sum of FOUR
HUNDRED SEVENTY EIGHT THOUSAND FIVE HUNDRED EIGHTY THREE AND
13/100 DOLLARS ($478,583.13), for the payment whereof well and truly to be made, the
Principal and the Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
SIGNED, sealed, and dated this 9th Day of April, 2019.
WHEREAS the Principal has proposed to complete Completion of Infrastructure for
the Bright View Subdivision Phase 2 Kalispell MT. The condition of this obligation is such
that if the above principal shall construct the improvements shown above and complete the said
work within (1) year of the date of this bond, all to the satisfaction of the City Of Kalispell then
this obligation is null and void, otherwise to remain in full force and effect.
The aggregate liability of the Surety above named on this obligation shall in no event
exceed the penal sum of this bond.
Any suit under this bond must be instituted before the expiration of one (1) year from the
date on which final site improvements are completed.
SWANK ENTERPRISES
Principal
Travelers Casualty And Surety Company Of America
I ,Y 4 //&
Timothy G. Lightbourne, Attorney -In -Fact
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERV St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies'), and that the Companies do hereby make, constitute and appoint TIMOTHY G LIGHTBOURNE of GREAT FALLS
Montana , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January,
2019.
wk
CORKSIX
t
State of Connecticut
City of Hartford ss.
By: ... C�
Robert L. Rane enior Vioe President
On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President
of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company, and
that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said
Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. A
My Commission expires the 30th day of June, 2021d4t�4
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in futl
force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
- with the Company's name and seal with the Company's seal bonds, recogri zances, contracts of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or condidona€ undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such
delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one
or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of
Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of
executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attomey or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seat shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
1, Kevin E_ Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attomey executed by said Companies, which remains in full force and effect.
Dated this Ci - day of Q�,P--k 1,ZC) \�q
10M,
fir✓' � � 4 �.y� '�" •�
Kevin n E. Hughes, Assistant Secretary
ro verify the authenticity of MIS Power ofAttorney, please call us at x 800-421-3880.
Please refer to the above named A ttom e"n-Fact and the details of the bond to which ibis Power of Attorney is attached
Exhibit B
Brightview Phase 2 Engineer's Estimate 04/05/19
Description
Unit
Qty
Price
Total
% Complete
Total to Date
Total Rema€ning
General
Mobilization
L5
1
$35,000.00
$35,000.00
70%
$24,5w.0o
510,500.00
Survey Staking & Testing
LS
1
$Z5,500.0al
$25,500.00
Ba%
$20,400.00
$5AOMOO
Strip Topsoil
L5
1
$8,400.00
$8,400.00
100%
$8,400,00
$0.00
floadway Excavation
LS
1
$10,740.00
$10,740.00
100%
$10,740.00
$0.00
Pond Excavation
LS
1
$21.720.00
$21,720,00
100%
$21,720.001
$0.00
Fill
LS
1
$2Q820.00
$2o,820.00
100%
$20,820,00
$0.00
B"Water Main
LF
1,120
$60.00
$67,200,00
100%
$67,200.00
$0.00
8" Gate Valves
EA
6
$1,850.00
$11,100.00
Sao%
$11,100.00
$OA0
8"Water Flttings
EA
4
$750.00
$3,000.Oo
100%
$3,1)00.00
$0,00
Fire Hydrant Asscmbfy
EA
4
$5,250.00
$21,000.00
100%
$21,ODD.00
$0.00
Connect to Fxisting Facll;ties
LS
1
$2,750.00
$2,750.00
100%$2,756.00
$0.00
Chlorination Taps
EA
2
$2,500,00
$5,000.00
IW%
$S,000.DO
$0.00
2"Water Service
EA
1
$2,500.00
$2,5c0,00
10a%
$2,500,00
$0.00
Chlorinating and Testing
LS
I 1
$6,500.00
$6,500.00
100%
$6,5DO.00
$0.00
Topping Sleeves
LS
1
$3,500.00
$3,500.00
100%
$3,500.00
$0.00
Subtotal
$244,730A0
$229,130.00
$I5,600.00
Sanitary Sewer System
Sewer Service
EA
12
$75O.001
$9,000Au
100%
$9,000.00
$0.00
8"Sewer Mein
LF
1,666
$55-col
$91,630.00
100%
$92,630.00
$0.00
4" Force Main
LF
1,560
$35.Oo
$54,5o0.Oa
100%
$54,604.00
$0.00
Manhole Connection
LS
1
$21500.00
$2,500,00
100%
$2,500.00
$0.00
48" Sewer Manhole
EA
7
$3,650.00
$25,550.00
100%
$25,550.00
$0.00
48" Sewer Force Main Manhole
FA
1
$5,000.00
$5,000,00
100%
$5,000.00
$0.00
Lift Station lnstallatton
LS
1
$15,WO.u0
$15,000.00
10D%
$15,000.00
$0,00
Security Fence and Testing
LS
1
$12,500.00
$12,500.00
80%
$10,000.00
$2,500,00
Generator
LS
1
$26,000.00
$26,000.0o
35%
$9,100.00
$16,900.00
Lift Station
LS
1
$90'aw-001
$90,C00,00
65%
$58,500.00
$31,500.00
Subtotal
$331,780.00
$I80,B80.a0
$50,900.00
Sturm pralnege
B'Storm Drain
LF
40
$35,00
$1,400.00
IOG%
$1,4D0,00
$0.00
12" Storm Drain
LF
660
545.00
$29,700.Oq
100%
$29,700.00
$0,00
15" Storm Drain
LF
290
$55.00
$15,400.00
100%
$15,400.00
$0.00
18" Storm Drain
LF
60
$65.00
$3,900.Ml
IOU%
$3,900.00
$D.00
N' Storm Drain
LF
620
$75.00
$46,500.00
100%
$46,500.00
$O.cO
30" Catch Basins
EA
4
$2,500.00
$20,000,00
100%
$10,000.00
$0.00
30"Curb Inlets
EA
4
$3,000.DD
$12,000.00
10D%
$12,000.00
$D.00
48" Storm Manholes
EA
11 3
$3,500.00
$10,500.00
100%
$10,500.00
$0.00
60" Storm Manholes
EA
1
$6,50D.00
$6,500.00
100%
$6,S00.00
$D.00
48" Pond Outfall Manhole
EA
1
$5,500.00
$5,500.00
85%
$4,675.00
$825.00
Subtotal
$141,400.60
$14D,575.00
5825.00
Electrical
Electrical Ditch
LF
2,500
$6.50
$16,250,00
100%
$16,250.00
$0.00
4" Conduit
LF
Goo
$5.50
$3,300,00
200%
$3,300.00
$0.00
2" Conduit
LF
920
$3.50
$3,430,00
100%
$,0.00
$0.00
i 1/4" Conduit
F
1,460
$2.00
$2,920.00
k00%
$2,92 0.00
$O.00
Single Phase Vaults
EA
2
$1,500.00
$3,000.00
100%
$3,000.001
$D,00
Three Phase Caults
LF
2
$2,6o0,00
$4,000.00
100%
$4,00.60
$0.00
gL ht Bases
EA
8
$1,500,00
$12,000.00
100%
$12,ODO.00
$0.00
Irrigation Sleeves
LS
1
$1,000,00
$1,000.00
100%
$1,000,00
$0.00
Subtotal
$45,900.g0
$45,900.00
$0.00
Roadway
Traffic Control
LS
1
$7,500.00
$7,500.DO
80%
$6,000.00
$1,500.00
Finish 5ubgrade
12,800
$1.10
$14,080.00
100%
$14,OW.00
$0.00
3" Asphalt(Access Rd)
JSF
5,231
$1.50
$7,846.50
0%
$O.ca
$7,346.50
9" of 3"Crushed Sock
1,98fi
$25.00
$49,550,00
90%
$44,685,00
$4,965.00
4"of3/4"Crushed Rock
741
$38.00
$28,158.00
O%
SO.1101
$28,158.00
Curb and Gutter
LF
3,450
$13.75
$47,437.50
0%
$0.00
$47,437.50
4" Asphalt
SF
32,180
$1.65
$53,097.00
0%
$0.00
$53,097A0
4' Ashpalt Patching
SF
2,250
$3.35
$7,537.50
0%
$0.00
$7,537,50
6" of 3/4" Crushed Concrete
CY
580
$45,00
$26,100.00
0%
$0.00
$26,100.0a
G" Sidewalk and Approach
SF
19,600
$4.75
$93,LOO.pO
O%
$0.00
$93,100.00
ADA Ramp
SF
44
$40.00
$1,600,00
Dad
$0.00
$1,600.00
Concrete Valve Collars
FA
11
$300.00
$3,300.00
0°6
$0.00
$3,300.00
Concrete MH Collar5
EA
17
$50.00
$8,500.00
0%
SO.001
$8,500.00
Concrete Inlet Aprons
EA
6
$400.00
$2,400.00
0%
$0.00
$2,400,00
Boulevard Landscaping
LS
1
$3Q3O0.00
$3u,000.00
0%
$0.00
$30,000.00
Subtotal
I
$3aD,306.50
$64,755.00
$315,541.50
TOTAL aI
$1,144,116.501
67%
$761,250.00
$382,866.50
12S%✓3andVal" 5476,S93.13
l0Na�:.� ��Sliq
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY : Jackola
FOR: ST MT DNRC DATE: 3/6/2019
DESCP : Bright View Subdivision PH 2 PURPOSE: Sub
located on L3A Bright View Sub Ph
1 amd L3 in 36-29-21
YEARS ASSESSOR #
2015 thru 2018 0506157
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.
March 26, 2019
Bob Erickson, PLS
Land Surveyor
Jackola Engineering
PO Box 1134
Kalispell, MT 59903
Re: Bright View Subdivision — Phase 2
Dear Mr. Erickson:
The Final Plat for Phase 2 of the Bright View Subdivision, dated March 2019, has been reviewed
by this office to ensure conformance the City of Kalispell Design and Construction Standards for
required easements and right-of-ways. All required easements and right-of-ways have been
determined to be acceptable.
Sincerely,
Keith Haskins, PE
City Engineer
cc: Jarod Nygren —Senior Planner
201 PAvenue East, P.O. Box 1997, Kalispell, MT 59903—Plione (406)758-7720— Far (406)758-7831
wwn kalispell.coal
Works Departar ent
March 29, 2018
Mr. Tobin McIntosh, PE
Jackola Inc.
2250 US 93 South
Kalispell, MT 59901
RE: Bright View Phase II — Plan Approval
Dear Mr. McIntosh,
1 OJV T 4 NA
The construction drawings, Design Report, and other included submittals dated March 22, 2018
for the above project are hereby approved contingent on the following items:
1. Please confirm that the proposed curb grade for Reserve Place remains equal to or greater than
0.5 percent.
2. Provide a copy of MDT comments and approval once obtained for storm inlet connection.
3. Please confirm that a valve will be added to the swivel tee for the additional hydrant on Reserve
Place.
4. Please provide a Deviation Request for the watermain valves located within the proposed
sidewalk of Reserve Place.
Please provide the City with a hardcopy and electronic set of the plans when these contingent
modifications have been addressed. Final acceptance of public improvements will not be
approved by the Public Works Department until contingent items have been completed.
Approval does not relieve you, nor the contractor from designing or constructing this project in
accordance with the City Standards currently in effect. If more than 18 months lapse before
completing construction, plans and specifications must be resubmitted and approved before
construction continues. Any modifications made to these approved plans shall be submitted for
review prior to construction.
This approval is for the Public Works Department only and not does necessitate full City
approval. If additional approvals from other City Departments are required they should continue
to be pursued.
201 1" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 — Fax (406) 758-7831
ivivn kalispell.com
Please contact Mark Crowley at (406)249-2485 to set up a prc-construction meeting prior to
beginning construction. A Right -of -Way, Driveway, and Stormwater permit must be
obtained by the prime contractor for this project. At project completion, please provide the
City with hard copy and electronic record drawings.
We look forward to working with you on this project.
Sincerely,
-7 �4-1; F 4 Z-" -
Tom Tabler, PE
Cc: Keith Haskins, PE City Engineer
Emily Gillespie, PE MT DEQ
Mark Crowley, Construction Manager
201 PAvenue East, P.O. Box 1997, Kalispell, MT 59903—Plione (406)758-7720— Fax (406)758-7831
www.kalispell. eom
Q-�'-40
Montana Department
of Environmental Quality
November 20, 2018
Toby McIntosh, PE
Jackola Engineering & Architecture
P.O. Box 1134
Kalispell, MT 59903
Re: City of Kalispell — PWSID#MT000259
Bright View Phase 2 Subdivision
Water & Sewer Main Extensions & Lift Station
EQ#18-1923 Approval
Dear Mr. McIntosh:
Thank you for the engineering report, water and sewer checklists and plans and specifications for water main,
gravity sewer main sewage lift station proposed to serve Bright View Phase 2 Subdivision in Kalispell, which were
received March 23, 2018 and October 3, 2018. The submittal was reviewed in accordance with Department
Circular DEQ-1, 2014 edition and Department Circular DEQ-2 2012 Edition. City of Kalispell approval was
received on March 29, 201 &
The Bright View Phase 2 Subdivision development received approval of the Municipal Facility Exclusion on
November 20, 2018, referenced by EQ##18-1924. As such, the City of Kalispell is responsible for the on -site
storm water runoff review within this development.
The plans and specifications for the water and sewer mains and the sewage lift station to serve Bri ht
View Phase 2 Subdivision within Kalis ell received October 3 2018 are hereby al2l2roved. One copy of
the plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed.
A second set will be retained as Department Record.
Bright View Phase 2 Subdivision proposes 12 commercial lots, located within the DNRC Section 36 PUD.
The water main extension includes installation of: approximately 1100 feet of 8-inch diameter water main (C900
PVC DR18), 7 gate valves, 3 fire hydrant assemblies, one connection to the existing water main in Timberwolf
Parkway and one connection to the existing main in Reserve Place.
A fire flow requirement of 1500 gpm for 2 hours is required to serve the commercial development. In addition,
some buildings may require an internal fire sprinkler system, as determined by the City of Kalispell Fire Chief.
Fire hydrant flow testing and modeling in the vicinity indicated an equivalent flow exceeding 2100 gpm at 20 psi
available.
The sanitary sewer collection im rovements include: approximately 1600 feet of 8-inch diameter gravity sewer
main (SDR 35 PVC), eight precast concrete manholes, connection to one existing manhole, one ground suction
sewage lift station and valve vault, duplex sewage pumps, valves and a 60kW generator fueled by natural gas,
propane or dual fuel gaseous drive (GENERAC or equal) with auto -start switch and installation of approximately
1500 feet of 4-inch diameter pressure sewer force main (HDPE DR11) with outlet to existing gravity sewer system
in Old Reserve Drive.
Steve Bullock, Governor I Shaun McGrath, Director 1 655 Timberwolf Parkway Sufte 3 1 Kalispell, MT 59901-1215 1 (406) 755-8985 1 www.deq.mt.gov
City of Kalispell — PWSID#MT000259
Bright View Phase 2 Subdivision
Water & Sewer Main Extensions & Lift Station
EQ#18-1923 Approval
November 20, 2018
Page 2 of 2
The lift station design capacity with Gorman Rupp Model V3B60-13 sewage pumps will operate at approximately
125 gpm at 56 feet TDH.
As a part of the previous City of Kalispell Glacier Rail Park project (EQ#16-1144) a deviation was
requested and granted from Circular DEQ-2 Standard 42.33, allowing the Gorman Rupp V-series self -
priming centrifugal sewage pumps which passes 3-inch diameter spheres to be used, despite the fact that
they do not have 4-inch diameter discharge openings. This deviation approval is applicable for three
years for the City of Kalispell, hence can be applied to this project also.
Approval is given with the understanding that any deviation from the approved plans and specifications will be
submitted to the Department for reappraisal and approval. The project may not be placed into service until the
project engineer or designer certifies by letter to the Department that the activated portion of the project was
constructed in substantial accordance with the plans and specifications approved by the Department and there
are no deviations from the design standards other than those previously approved by the department. Within 90
days after the completion of construction, a complete set of certified "as -built" drawings must be signed and
submitted to the department.
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.
Department approval of this project covers only those portions of the plans and specifications that are subject to
the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the Administrative Rules
promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and
specifications that are outside of the Department's review authority, including but not limited to: electrical work,
architecture, site grading or water and sewer service connections.
Thank you for your efforts regarding this submittal. If you have any further questions, please contact me at (406)
755-8979 ore illes ie mt. ov
Sincerely,
6�_4_ #,��
Emily J. Gillespie, P.E.
Public Water Supply and Subdivisions Bureau
CC: Swank Enterprises, 750 West Reserve Drive, Kalispell, MT 59901
Tom Tabler, City of Kalispell Public Works
Wendee Jacobs, Flathead County Environmental Health
MDEQ Plan Review File
DE
Montana Department
of Environmental Quality
October 16, 2018
Dewey Swank
Bright View Subdivision Ph 2
SWANK ENTERPRISES
750 Reserve
Kalispell, MT 59901
RE: Confirmation .Letter, Notice of Intent (NOI) MTW I07579
Bright View Subdivision Ph 2
Dear Dewey Swank:
The Department of Environmental Quality (DEQ) acknowledges the receipt of your complete application
package (NOI and SWPPP) to discharge under the January 01, 2018, General Permit for Storm Water
Discharges Associated with Construction Activity (SWC-GP) on 10/17/2018. Your authorization number under
the SWC-GP is MTR107579. Please include this number on any correspondence with DEQ regarding this site.
This letter confirms only that a complete NOI has been received. DEQ does not assess the validity of the
information you provided other than project location as it relates to sage grouse habitat. Your signature on the
NOI certifies that you have read, understand, and are implementing all applicable requirements.
Specifically, the SWC-GP:
Requires implementation of a Storm Water Pollution Prevention Plan (SWPPP),
Defines the inspection process, and
Defines record keeping requirements (refer to Part 2.5 of the General Permit).
The SWC-GP and additional guidance materials can be viewed and downloaded at
http: //deq. mt,gov/Water/WPB/mpdes/stonnwaterconstruction.
Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT).
Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best
Management Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees
each calendar year until a complete NOT is received.
Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits.
If you have questions regarding SWC-GP requirements, please contact the Water Protection Bureau at (406)
444-3080.
Sincerely,
Deanna Tarum
Data Control Specialist
•SINCE• .1969.
9�h`r�rrrrn• Surveyin4 ~ �,
March 27", 2019
City of Kalispell Public Works
Attn: Mark Crowley
Kalispell City Hall,
201 15` Ave E
Kalispell, MT 59901
RE: Bright View Phase 2 -- Water Main testing
Dear Mark:
This letter is to certify that the water main within the Bright View Phase 2
subdivision was completed in accordance with the plans and specifications. The
installation will be captured in the final as -built drawings that will be prepared upon
project completion.
As you know, initial pressure testing efforts were unsuccessful which was attributed
to air being trapped in the system. Air was an issue based on the location of existing
valves, the testing service location, and the connection point to the City's system.
Once suitable chlorination and passed bacteria sample results were received,
flushing of the water main occurred and the pressure test was completed
successfully. The pressure test was conducted March 21" and pressure held within
the allowable 5 psi pressure drop for 2 Tours. The test pressure varied from
approximately 129 psi to 125 psi during the test duration. Please give our office a
call in the event of questions or concerns.
Sincerely,
TobirYMclntosh, PE
Cc: JEA file
225❑ HWY 93 S0UTH; P.O. BOX 1 1 34, KALISPELL, MT 59903
IUlb'N6ackoLcom PHONE 406.755.3211B FAx 406.755.321 6
MD7*Montana Department of Transportation Michael T. Tooley, Director
Steve Bullock, Governor
Kalispell Area Office
85 Fifth Avenue Eo5t North
PO Box 7308
Kalispell, MT59904-0308
April 18, 2018
Toby McIntosh, PE
Jackola Engineering
PO Box 1134
Kalispell, MT 59903
Subject: Bright View Subdivision\DNRC Drainage Modification
US 93 Alt Route (C109) MP 7.47
The Montana Department of Transportation (MDT) has reviewed the proposed
modification to the existing drainage outfall into the Kalispell Bypass right of way which
was previously permitted.
The proposed modifications as submitted to MDT are approved.
This letter along with the submitted plans will be considered an addendum to the 2016
encroachment permit for the drainage outfall.
Dennis liver
Maintenance Superintendent
(406) 751-2012
copies: Encroachment File
tAn Equal Opportunity Employer
Phone: 405J 751-77Y. f&00) 335-7592
Fox: 406J 752-57667 Web Page: www,rndf.mt.gov
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