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H2. Glacier Rail Park Final PlatPLANNMG FOR THE FUTURE j Welf i ,_ r REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner SUBJECT: Final plat request for Glacier Rail Park MEETING DATE: August 5, 2019 Planning Department 201 1s' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine BACKGROUND: KLJ submitted a request, on behalf of Flathead County Economic Development Authority, for final plat approval of Glacier Rail Park, a 4-lot rail -served industrial subdivision. The property proposed for final plat can be described as Tracts 2 and 3 of Certificate of Survey 19246 and Tracts 4, 5, 6 and 7 of Certificate of Survey 18380 in the NW4 and NW4 NE4 of Section 8, Township 28N, Range 21W, P.M.M., Flathead County, Montana. The City Council approved the preliminary plat for Glacier Rail Park with 22 conditions at their meeting on June 18, 2018, with Resolution No. 5878. All of the conditions have been met or adequately addressed. RECOMMENDATION: It is recommended that the City Council approve the final plat for Glacier Rail Park. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: July 23, 2019 c: Aimee Brunckhorst, Kalispell City Clerk PLANNING FOR THE FUTURE July 22, 2019 Doug Russell, City Manager City of Kalispell 201 1" Ave E Kalispell, MT 59901 MONTANA Re: Final plat request for Glacier Rail Park Dear Doug: Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning KLJ submitted a request, on behalf of Flathead County Economic Development Authority, for final plat approval of Glacier Rail Park, a 4-lot rail -served industrial subdivision. The property proposed for final plat can be described as Tracts 2 and 3 of Certificate of Survey 19246 and Tracts 4, 5, 6 and 7 of Certificate of Survey 18380 in the NW4 and NW4 NE4 of Section 8, Township 28N, Range 21 W, P.M.M., Flathead County, Montana. The City Council approved the preliminary plat for Glacier Rail Park with 22 conditions at their meeting on June 18, 2018, with Resolution No. 5878. All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. 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 conforms with the preliminary plat approved by city council 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 preliminary plat expires June 18, 2021. 3. All applicable conditions within Ordinance 1792 (Glacier Rail Park PUD) shall apply. Staff Response: This condition has been met. All applicable conditions within Ordinance 1792 have been complied with. 4. Commercial truck traffic shall be prohibited from using East Oregon Street, west of the subdivision. Signage prohibiting commercial trucks from using East Oregon Street shall be installed on East Oregon Street, west of the proposed subdivision. Staff Response: This condition has been met. Signage prohibiting truck traffic has been installed. 5. Commercial truck traffic shall be prohibited from exiting the site onto Whitefish Stage, west of the subdivision. Signage prohibiting commercial trucks from exiting the site onto Whitefish Stage Road shall be installed on the proposed "Rail Access Road" within the subdivision. Staff Response: This condition has been met. Signage prohibiting truck traffic has been installed. 6. The proposed private Rail Access Road within the subdivision shall be designed and constructed in accordance with the Kalispell Subdivision Regulations and Kalispell Standards for Design and Construction. In order to serve its intended purposes, the private road shall be designed to Collector Street standards with a loading capacity of HS-20 in order to withstand the weight of truck traffic. Curbs, gutters, and boulevards shall be provided on both sides of the road. No sidewalks are required per Ordinance 1792. The private access road shall continue to provide access to the properties to the north of the subdivision per an easement stated on the face of the final plat. Staff Response: This condition has been met. Public Works issued a letter approving the design of the rail access road, which has subsequently been constructed and accepted by the City of Kalispell. The letters are attached hereto for reference. 7. East Oregon Street and East Oregon Lane shall be improved to City of Kalispell Collector Street standards with a curb, gutter, boulevard, and sidewalk along the affected frontages and with curb and gutter on the opposite side of the street. The improved road shall be designed and constructed to HS-20 loading capacity standards. All of the corresponding right-of-way shall be granted to the City of Kalispell. Staff Response: This condition has been met. Public Works issued a letter approving the design of the two public roadways, which have subsequently been constructed and accepted by the City of Kalispell. The letters are attached hereto for reference. 8. Right-of-way shall be granted to the city for the entire 60-foot road and utility easement (Flathead Drive west of rail ROW, East Oregon Street, and East Oregon Lane). The exact easement location shall be reviewed and approved by the Kalispell Public Works department and shown on the final plat. The dedicated segment of Flathead Drive shall be improved to Collector Street standards, with curbs, gutters, and boulevards on both sides, and a sidewalk on at least one side. Staff Response: This condition has been met. The ROW is being granted to the city and the streets have been improved according to Public Works standards for construction. Additionally, Public Works issued a letter accepting all the infrastructure on July 24, 2019. 9. The intersection of East Oregon Lane, Montclair Drive, and Flathead Drive shall be designed in accordance with the recommendations contained in the Traffic Impact Study for the FCEDA Rail Park subdivision. The final traffic circulation design shall be reviewed and approved by the Kalispell Public Works Department and Flathead County. Staff Response: This condition has been met. The intersection has been constructed in accordance with approved designs. 10. The intersection of Flathead Drive and U.S. Highway 2, including the installation of a traffic light at this intersection, shall be designed in accordance with the recommendations contained in the Traffic Impact Study for the FCEDA Rail Park Subdivision. The final traffic circulation design shall be reviewed and approved by the Kalispell Public Works Department, Flathead County, and the Montana Department of Transportation. Staff Response: This condition has been met. The intersection, including the installation of a new traffic light, has been constructed in accordance with approved designs. 11. The designs for any modified or planned crossing of the railroad lines within the property and at Flathead Drive shall be reviewed and approved by Burlington Northern and Santa Fe (BNSF) Railway Company. A letter shall be submitted to the Kalispell Public Works Department from BNSF, or their technical representative, indicating approval of the design of said crossings. Staff Response: This condition has been met. The railroad line designed have been reviewed and approved by BNSF and subsequently constructed. 12. 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 pan, which has subsequently been constructed on March 4, 2016. The letter is attached hereto for reference. 13. 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 has issued a letter approving the storm water management on March 4, 2016. The letter is attached hereto for reference. 14. The developer shall submit to the Kalispell Public Works Department for review and approval a municipal water and sewer extension and development plan that meets the requirements of the current city standards for design and construction. If public utilities are located internal to the site, they shall be located within the private roadway area. Staff Response: This condition has been met. Public Works and has issued a letter approving the municipal water and sewer extensions on March 4, 2016. Additionally, DEQ issued a letter approving the water and sewer on April 8, 2016. The letters are attached hereto for reference. 15. Any public utilities that are required to cross the railway lines shall be encased in sleeves that will protect the underground utilities from damage. The design for these casings shall be submitted for review and approval by the Kalispell Public Works Department. Staff Response: This condition has been met. Public Works has issued a letter approving the design on March 4, 2016. The letter is attached hereto for reference. 16. 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 proper bonds have been accepted for unfinished work. Staff Response: This condition has been met. Public Works has issued a letter accepting the infrastructure on July 24, 2019. The letter is attached hereto for reference. 17. 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. Easements for public utilities should be exclusive to public utilities only. Private utility easements may run parallel and adjacent to the public easement. Staff Response: This condition has been met. All of the required easements have been accepted by the City of Kalispell and are shown on the plat. See final plat and Public Works letter dated July 24, 2019. 18. 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 statement and signature block are noted on the final plat. 19. The developer shall include on the face of the final plat a statement waiving the right to protest the establishment of a special improvement district for the purposes of improvements to Whitefish Stage Road where it is adjacent to the property. Staff Response: This condition has been met. The statement is noted on the final plat. 20. All utilities shall be installed underground. Staff Response: This condition has been met. All utilities have been installed underground. 21. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. The areas disturbed have been re -vegetated with a weed -free mix. 22. The portion of the property located in the far northwest corner, spanning the Stillwater River, shall be maintained in its natural state so as not to disturb the native vegetation, impede the flow of surface water, or impact the 100-year floodplain. Staff Response: This condition has been met. This area has remained in its natural state. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat approved by the Kalispell City Council on June 18, 2018. 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 I- 2/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 Glacier Rail Park. Attachments: - Two mylars of final plat - I I" x 17" copy of plat - Applicant responses and final plat application dated 7/11/2019 - First American Title guarantee 5010500-768759-FT, dated 6/27/2019 - Flathead County tax certification, dated 6/25/2019 - Letter from Kalispell Public Works (engineering approval), dated 3/4/2016 - Letter from Kalispell Public Works (acceptance), dated 7/24/2019 - Montana Department of Environmental Quality water and sewer approval letter, dated 4/8/2016 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: KLJ 1830 3rd Avenue East, Suite 202p Kalispell, MT 59901 1830 3rd Avenue East, Suite 202 kalispell, MT 59901-5778 406 7S5 2763 WENG.COM July 11, 2019 Jarod Nygren Sr. Planner City of Kalispell 201 1st Ave E Kalispell, MT 59901 Re: Final Glacier Rail Park Plat Dear Mr. Nygren: Enclosed is a complete final plat application. Included is the application, fee, title report, tax certification, consents to Plat, recorded maintenance agreement (CC&Rs), 2 mylars, 1 full size copy, 1- 11x17 copy, and a thumb drive with an electronic copy. I also included the Conditions for Approval from the preliminary plat approval If there are any questions or issues, please contact me at (406) 300-7099. Sincerely, Ku Mark Rohweder Project Manager Enclosure(s): (1) complete final plat application Project #: 15414035.1 cc: file, Jerry Meerkatz PIANNTNG FOR THE FUTURE MOA7AN . Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell_eon Vplannim FINAL PLAT APPLICATION Project /Subdivision Name: Glacier Rail Park Contact Person: Name: Jerry Meerkatz Address: 44 2nd Ave W Kalispell, MT 59901 Phone No.: 406.257.7711 Date of Preliminary Plat Approval.: June 1 ,_2018 Owner & Mailing Address: Flathead County Economic Development Authority 442ndAve W Kalispell, MT 59901 Type of Subdivision: Residential Industrial XCommercial PUD Other Total Number of Lots in Subdivision 4 Land in Project (acres) 44.07 Parkland (acres) No. of Lots by Type: Single Family Duplex Commercial Condominium 0 Cash -in -Lieu $ Townhouse Apartment Industrial 4 Multi -Family Exempt Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property See attached final plat FILING FEE ATTACHED $ 900 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement $400 + $125/lot $800 + $125/lot $800 + $125/lot $50 1 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. ture Da�P,Z---) 57�Aq te **A frigital 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 K I►_UJIMMOMI WMW.k*0 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). Completed 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). Completed 3. Commercial truck traffic shall be prohibited from using East Oregon Street, west of the subdivision. Signage prohibiting commercial trucks from using East Oregon Street shall be installed on East Oregon Street, west of the proposed subdivision. (Findings of Fact, Section A). Completed 4. Commercial truck traffic shall be prohibited from exiting the site onto Whitefish. Stage, west of the subdivision. Signage prohibiting commercial trucks from exiting the site onto Whitefish Stage Road shall be installed on the proposed "Rail Access Road" within the subdivision. (Findings of Fact, Section A). Completed The proposed private Rail Access Road within the subdivision shall be designed and constructed in accordance with the Kalispell Subdivision Regulations and Kalispell Standards for Design and Construction. In order to serve its intended purposes, the private road shall be designed to Collector Street standards with a loading capacity of HS-20 to withstand the weight of truck traffic. Curbs, gutters, and boulevards shall be provided on both sides of the road. A sidewalk shall be provided on at Ieast one side. The private access road shall continue to provide access to the properties to the north of the subdivision per an easement stated on the face of the final plat. (Kalispell Subdivision Regulations, Section 28.3.14). Completed. Road kept in private ownership. Road meets the Collector Street standards. No sidewalk was installed because the road was kept in private ownership. 6. A design that mitigates the risk of development on or near the slopes located along the south property boundary shall be submitted for review and approval prior the commencement of clearing and grading operations on the site. The ongoing remediation of the gravel extraction and concrete batch plat operations shall assure that adequate building sites are created and that slope stability is maintained on sites with slopes of 25% or greater. (Kalispell Subdivision Regulations, Section 28.3.03 and 28.3.11 F.2). Design submitted and approved. Prior to final plat: 7. East Oregon Street and East Oregon Lane shall be improved to City of Kalispell Collector Street standards with a curb, gutter, boulevard, and sidewalk along the affected frontages and with curb and gutter on the opposite side of the street. The improved road shall be designed and constructed to HS-20 loading capacity standards. All of the corresponding right-of-way shall be granted to the City of Kalispell. (Kalispell Subdivision Regulations, Section 28.30.04). Completed 8. Right-of-way shall be granted to the city for the entire 60-foot road and utility 0 16. 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 proper bonds have been accepted for unfinished work. (Kalispell Design and Construction Standards). Completed 1.7. 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. Easements for public utilities should be exclusive to public utilities only. Private utility easements may run parallel and adjacent to the public easement. Crossings are allowable, provided adequate vertical separation. (Kalispell Subdivision Regulations, Section 3.18). Completed 18. 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." Included Developer's Signature (Kalispell Subdivision Regulations, Section 28.3.21(H)) 19. The developer shall include on the face of the final plat a statement waiving the right to protest the establishment of a special improvement district for the purposes of improvements to Whitefish Stage Road where it is adjacent to the property. (Kalispell Subdivision Regulation, Section 28.3 (Design Standards)). Included On-aoina conditions: 20. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). Completed 21. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Completed. 22. The portion of the property located in the far northwest corner, spanning the Stillwater River, shall be maintained in its natural state so as not to disturb the native vegetation, impede the flow of surface water, or impact the 100-year floodplain. (Findings of Fact, Sections A &C). Agreed 11 GUARANTEE Issued by .insured Titles 44 4th Street West/P, O, Box 188, Kalispell, MT 59901 Title Officer: Andrea Reum Phone: (406)755-5028 FAX. (406)755-3299 Form 5R05010 (7-1-14) Page 1 of 11 Guarantee Face Page - Fxc€usions, Conditians and Stipulatians Form 5010500 (7-1-14) YS' yN FR,r ` F'trstAmcilCan Ede Guarantee First American Title lnsurarrce Company CI911r'Mj Glhl'�clfti Presidq,nz A [Fl! Jefirey S +'30bin5vn ,ecrezary Guarantee Face Page Exclusions, Conditions and Stipulations Guarantee Face Page ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5010500-768759-FT A Pet E ` C� Form 5010500 (7-1-14) Page 2 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific 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 public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such 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 STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. 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 title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured 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 action or interposed a defense as permitted by the provisions of Form 501050C (7-1-11) Page 3 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations GUARANTEE CONDITIONS AND STIPULATIONS (Continued) this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of 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 Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. 7. DETERMINATION AND EXTENT OF LIABILITY. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Form 5010500 (7-1-19) Page 4 of It Guarantee Face Page - Exdusions, Conditions and Stipulations 8. 10 11 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company, (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to al[ rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment an account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the sites of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13, LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT, (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT, All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone:888-632-1642. Form 5010500 (7-1-14) Page 5 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Frst American Title Il Guarantee Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5010500-768759-FT Subdivision or Proposed Subdivision: Glacier Rail Park Subdivision Order No.: 768759-FF 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: KLI Engineering 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 described on the attached legal description: TRACTS 2-A1, 3-A & 4-A OF CERTIFICATE OF SURVEY NO. 20823, LOCATED IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. AND TRACTS 5, 6 & 7 OF CERTIFICATE OF SURVEY NO. 18380, LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. THE ABOVE TRACT IS TO BE KNOWN AND DESIGNATED AS "GLACIER RAIL PARK SUBDIVISION." (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: R. Porch Construction Inc., a Montana corporation AND Flathead County Economic Development Authority, a Montana corporation AND United States Department of Commerce, Economic Development Administration per Financial Assistance Award AND the City of Kalispell Form 5010500 (7-1-14) Page 6 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations (B) Parties holding liens or encumbrances on the title to said lands are: 1. Agreement AND Mortgage dated September 13, 2012, to secure an original indebtedness of $1,147,302.65, and any other amounts and/or obligations secured thereby. Recorded: September 13, 2012, as Instrument No. 2012-000-21215 Mortgagor: Flathead County Economic Development Authority Mortgagee: United States Department of Commerce, Economic Development Administration per Financial Assistance Award 2. Mortgage dated June 28, 2018, to secure an original indebtedness of $1,698,187,00, and any other amounts and/or obligations secured thereby. Recorded: June 29, 2018, as Instrument No. 2018-000-13287 Mortgagor: R. Porch Construction Inc. Mortgagee: the City of Kalispell (C) Easements, claims of easements and restrictfon agreements of record are: 3. 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. 4. 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 2018 $1635.87 PAID 2018 $1357.07 DELINQUENT 2018 $1308.31 PAID 2018 $432.75 PAID 2nd Half Parcel Number $1635.85 PAID 0455500 $1357.06 DELINQUENT 0015376 $1308.29 PAID 0670850 $432.72 PAID 0936200 2018 Taxes have been VOIDED in relation to Parcel Number 0014168. Taxes are yet to be established in relation to Parcel Number 0015614, 5. Any claim arising from the difference in the mean low water line of the Stillwater River and the meander line as shown by the Original Government Survey. 6. Right, title and interest of the State of Montana within the natural bed of the Stillwater River Below the ordinary low water line, and also excepting any artificial accretions waterward of said ordinary low water line. 7. Public right and easements for commerce, recreation, navigation and fishery. 8. Effects, if any, of easement for railroad tracks recorded October 6, 1916 in Book 144, Page 172. 9. Effects, if any, of easement for railroad tracks recorded February 15, 1918 in Book 154, Page 531, Form 5010500 (7-1-14) Page 7 of 11 Guarantee Face Page - Exclusions, Conditions and Sdptilations 10. Effects, if any, of various easements detailed in document recorded December 5, 1941 in Book 241, Page 629. 11. Easement for a pipeline for the transmission of gas, together with the right of access to said right of way over and along existing roads and trails granted to The Montana Power Company recorded March 29, 1962 in Book 443, Page 944, as Doc. No. 2483. 12. Easement and right of way for the construction, installation, replacement and maintenance of eight inch water line (as long as the same does not interfere with any other line now in place) granted to Kalispell Pole and Timber Company, Inc. recorded August 5, 1974 in Book 571, Page 500, as Doc. No. 7539. 13. Certificate of Inclusion for Flathead County Water District No. 1 - Evergreen, recorded March 26, 1986, as Doc. No. 86-085-13410. 14. Interlocal Agreement between the City of Kalispell and Flathead County Water and Sewer District No. 1 - Evergreen, recorded October 25, 1990, as Doc. No. 90-798-09200. 15. Interlocal Agreement between Flathead County, Montana and Flathead County Water and Sewer District No. 1 - Evergreen, recorded November 27, 1991, as Doc. No. 91-331-11370. 16. Easement for right of way 10 feet in width to accommodate underground telephone facilities, together with the right to ingress and egress over the adjacent lands granted to PTI Communications recorded May 22, 1992, as Doc. No. 92-143-09340. 17. Easement for road and utility purposes granted to Flathead County, Montana recorded June 21, 2000, as Doc. No. 2000-173-14100. 18. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Certificate of Survey No. 18380, recorded July 2, 2008 , as Doc. No. 2008-000-18641, 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). 19. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Certificate of Survey No. 19246, recorded November 28, 2011 , as Doc. No. 2011-000-24650, 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). 20. Waiver of Protest to Annexation, recorded November 30, 2010, as Doc. No. 2010-000-27696. 21. Easement for a natural gas pipeline granted to Northwestern Corporation D/B/A Northwestern Energy, recorded August 20, 2012 as Doc. No. 2012-000-19134. 22. Easement for an electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded May 24, 2013 as Doc. No. 2013-000-12712. 23. Resolution No. 5669 for annexation into the City of Kalispell recorded April 23, 2014, as Doc. No, 2014-000-06883. 24. Petition to Annex and Notice of Withdrawal from Rural Fire District recorded April 23, 2014, as Doc. No. 2014-000-06684. Form 5010500 (7-1-14) Page 8 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations 25. Certificate as to Ordinance and Adopting Vote for No, 1770 by the City of Kalispell recorded May 9, 2016, as Doc. No. 2016-000-08879. 26. Ordinance No. 1792 for a PUD overlay zone on Glacier Rail Park by the City of Kalispell recorded July 20, 2017, as Doc. No. 2017-000-15555. 27. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Record of Correction Survey No. 16363, 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). 28. 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. 29. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Record of Survey No. 20637, 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). 30. Covenants, Conditions and Restrictions recorded as Instrument No. 2017-000-22652, 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). 31. Reservations and Conditions in Quitclaim Deed by BNSF Railway Company recorded September 11, 2017, as Doc. No. 2017-000-22653, 32. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Record of Survey No. 20823, recorded May 29, 2018, as Doc. No. 2018-000-10425, 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), 33. Covenants, Conditions and Restrictions recorded June 29, 2018 as Doc. No. 2018-000-13283, 34. Partial Release of Agreement and Mortgage and Covenant of Use upon the terms, conditions and provisions contained therein: Parties: Economic Development Administration, United States Department of Commerce AND Flathead County Economic Development Authority Recorded: June 29, 2018, as Doc. No. 2018-000-13285 35, Ordinance No. 1811 to annex additional property recorded July 5, 2018, as Doc. No. 2018-000- 13753. 36. Ordinance No. 1812 to amend zoning recorded .July 5, 2018, as Doc. No. 2018-000-13754. 37. Resolution No. 5877 for annexation into the City of Kalispell recorded July 5, 2018, as Doc. No. 2018- 000-13756. 38. Easement for an electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded June 3, 2019 as Doc. No. 2019-000-10632. Date of Guarantee: June 27, 2019 at 7:30 A.M. Form 5010500 (7-1-14) Page 9 of 11 Guarantee Face Page - Exclusions, Conditions and Stipu#ations Insured Titles By: Authorized Countersignature Form 5010500 (7-1-14) Page 10 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations .11 °''r First American Privacy Information We Are Committed to Safeguarding Customer Information [n order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with Our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal inormation. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which vie may use information we have obtained from any other source, such as Information obtained from a public record of from 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 guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive front you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit at any nonaf ihated party. Therefore, we will not release your information to nonaffiliated parties except: (Q as necessary for us to provide the product Or service you have requested of us; or (2) as permitted by law, We may, however, stare such information indefinitely, including the period aver which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide aft of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, core may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We wit use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee 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 regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial 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 general, you can visit First American or its affiliates Web sites on the World Wide Web wRhout telling us Who you are or revealing any information about yourself. Dur Web servers collect the domain names, not the e-mail addresses, of visitors. This information Is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information, First American uses this information to measure the use of our site 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, tite personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices 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 can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored rookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a mare meaningful and productive Web site experience. 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 bioante 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 actively 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 the accuracy of the data we tolled, use and disseminate. Where possible, we will 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 identifying the source of the erroneous 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 in our industry about the importance of consumer privacy, We will instruct our employees on our fair information values and on the responsible collodion and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facifities and systems to prated against unauthorized access to and corruption of the data we maintain. Form SO -PRIVACY (9-1-10) Page 1 of 1 Pdvacp Infommabon ( 200t-2010 First American Firancial COrparauon( Form SOL0500 (7-1-14) Page 1t of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations �� a ¢ So 1S3M LZ 4U" 'H.LHON aZ dIHSWO '8 N011035 WMlNDVV"NIW 13V3HLVIJ NOUY0013H 3NM A2IV WOG O 4/�� � a �ro a A�A�lfIS �O alvoill-LU ) `4 _ 917 u'7 i----------------- 6 -M z ! ! UI '� Cd`aTT�yy�m 7 ��-zd++u �Gn O r cc'01 N Ir`A...�r2a�Li.3U s F: s s�� a vJCL mm _ m cro.u•rar ci o u 8f3.88' - n m I os p b a SIJ 5 cy NIL fl-3 LF�4W�B N N V z�OOOo oam>aw'p. EG.N k, �ccU Ui�O<Oa d�tig%� rU pF-IO�� V[� U ylrvC< /j 4 U e zvuz ��t=�w 4 Ir-_.� 1�6�gqodI oo�a��G cn LG 1k3 U'hmw� YOZ $ F�j `^ o m � it �— � LGx WSW �y'lii m e- �Q aNN I S D420o Zp a4 rk��u a ^ I t,w 3 $ I � u `"I vj 3 d "x,t: }3g qd SHStAr'O � VA z iZ Z: U K Pyv. � r cq a as bl $ n'eu M'YEl 5 --------- ------ I Imo. I• ~ I 1 0 I I E ykj� 01a J� I Im I � A I ml O. u I h I I z n f l � mgn I I la 114 $ �oii 11 1 ytuS�lS�StltW1 • � I R solely for the purpose of assis,i,f, ^ Itinr the land � batik° r and the Company assume:: ;�, .�-""`I.r � s vhriatiansr if af1y, with actual survey,, ~ 5 - TITLES U ci �i r: rE ti a a a a x ul 14 �s � � o ," % il a s { as I � f 1� �'G�y�. �a� `�•8�,�r c� p lcPLscsw rSB'zsS 1 °�' .fto � �'r �.,1 Y N escw ,r_a .( F 'ppg .1s ss t V „n'Da yla°�v�a i� 8\� �• i �' r w S lwrl m o G:y�i $n 0� fsel.lr �o �• e. e, -ttiis plat is provided solely for th purpose of assisting in locating the la and the Company assumes no liabilit for variarions, if any, with actual sure - 28 21 yiVSLlRF_D TITLES SCALE 1" = 40+ THIS MAP IS PREPARED ONLY FOR THEADMINISTRATIVE USE OF FLATHEAD COUNTYAND IS NOT NECESS sR, REPRESENTATION OF THE LOCATION OR EXISTENCE OF TRACTS OF RECORD, THEIR BOUNDARIES OR EA use Na � �E R-wr ,00�ox,o �w o�nrr � i� Reyr u u C u t 0 C u C a u C L L u r_ Li C u C L J Li C a r u Q u rl L Li C G � z R � rl o Nw n V S s k it o V � ui Vx aC`j �F to ES w 1,FY� 0 0gq �LEK.. tN�HQ N do U.iNyO �SI F ap.y� i Y vi ZN Y jPONZp zz6 u�tlrs��u�i Cm �E�N Cis YN UF�SN Zn F�<�VN Uy �� FFZr:"F 04i FO �',Snl 1 pA $ F $ 1 u V ag I � I�Stt z- LU f � ! 5 5 QI `S5 .3O v wzr I n$R�u rl sue_ me 3 9 V 1y ylt $6 i md S'� e I LU Cl �r'R' X .e \.' fin ! r _ I aAa . <�r • �� c "s6 i:er:aosei i a i �5�" I T 1 OF2 RM F w J �a 5 0! v� ° W w LL Qz U15.5 V I€ `Inn 02FF�Y la$ x'ax U 1 ms E- S 9 0. 0.01E I,o IgeY o Z� uF��^vi n'� F 2 L� N o" S lj y1Fz `a � � � ��yV�'-',, �a �sG V, 7, iEz z i !aT�. I >C �� a L Fad'. �' mR g 6 a�� �. y �. rn c• 9y L s „=��.o�»3=n= 'sy; Fg�x���Fx� ;�z- � s'' �- �� � d � x�a" '���'•� ooa�» wr. �� IMF a� ^+u �'Fo ¢xo• "�,�"'Ji S-oS X' �EA �'v�-,•< SO 2'[ UI'�w� o"m „ ioz�=�G9o"z°y"'c3 ax ay az r r G K� ' fir- yiaz==SS3o'",L .§ .� � i 'aa � 'a � 01 WEH. 's= -- cFy .fig KrH Y 3 a il��l�l l llll�lll �ll111lllNII II II�I1111I1l�101111111f�BIIBIIINII11 Page: sJL "f 14 Debbie Pierson, Fletheed County MT by DD r,/291?01b i1906 AM �O FT 0 WHEN RECORDED RETURN TO: Flathead County Economic Development Authority tt] 44 god Avenue West �} Kalispell, Montana 59901 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION is made as of the 'day of �e-.y 2Q18 by FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY, a public body, corporate and politic, exercising functions and powers, and organized and existing pursuant to yr the laws of the State of Montana ("Declarant"). RECITALS: k Declarant is the record fee simple owner of certain real estate legally described on Exhibit A attached hereto and incorporated herein (the "Burdened Property"). B. Declarant is also the record fee simple owner of certain real estate legally described on Exhibit B attached hereto and incorporated herein, located near the Burdened Property (the "Benefitted Property"). C. For the benefit of the Benefitted Property and its present and future owners, Declarant intends to impose certain covenants and restrictions on the Burdened Property. NOW, THEREFORE, Declarant hereby declares as follows: ]. Definitions. The capitalized term "Owner" shall mean the then -current owner of either the Benefitted Property or Burdened Property as listed in the property records of Flathead County, Montana. 2. Scope of Declaratipn. The covenants and restrictions created herein shall attach to, bind and run with the Burdened Property, and shall inure to the benefit of and be binding upon Declarant and subsequent owners and transferees of the Benefitted Property and their respective heirs, representatives, successors in title, and assigns. l®� XI���I��1��■4��I�YIIII�IN�II��, Page,.2201A3 Fe $98.00 6/29/2028 11:06 A14 3. Use of the Burdened Property. The Owner of the Burdened Property shall comply with all valid private building restrictions and all valid applicable laws, ordinances and regulations of duly constituted public authorities now or hereafter in any manner affecting the Burdened Property and the improvements thereon or the use thereof, whether or not any such laws, ordinances and regulations which may hereafter be enacted involve change of policy on the part of the governmental body enacting the same, and the Owner of the Burdened Property will do any work or make any alteration in the Burdened Property and the improvements thereon which is required to make such premises conform with the requirements and standards of laws, ordinances and regulations now and hereafter applicable to the Burdened Property, whether the work involved is structural or otherwise. The Owner of the Burdened Property agrees to indemnify and hold the Owner of the Benefitted Property harmless from the consequences of any violation of any such law, ordinance or regulation. The Owner of the Burdened Property further agrees that it will not permit any unlawful occupation, business or trade to be conducted on the Burdened Property or any use to be made thereof contrary to any law, ordinance or regulation as aforesaid with respect thereto. 4. Covenants to Repair and Maintain. All construction and/or installation of improvements on the Burdened Property shall be completed in a good and workman like manner and in accordance with all applicable laws. The Burdened Property shall be maintained in good condition, including all track, sidewalks, curbs and parking areas located on the Burdened . Property. The Owner of the Burdened Property shall be solely responsible for making all repairs thereto, including, without limitation, all repairs to the: interior and exterior of all improvements on the Burdened Property, including, without limitation, all structural and non-structural repairs, ordinary and extraordinary repairs, and foreseen and unforeseen repairs, all as may be necessary to keep the Burdened Property, and all buildings and other improvements located thereon, in good order and condition. When used in this Declaration, the term "repairs" shall include all replacements, renewals, alterations, additions and betterments, when necessary and appropriate. All repairs made by the Owner of the Burdened Property shall be equal in quality and class to the original work. The Owner of the Burdened Property shall also keep and maintain the Burdened Property free of accumulated dirt, rubbish, snow and ice, and any unlawful obstructions. The Owner of the Burdened Property further agrees to take care of the landscaping and grounds on the Burdened Property, including, without limitation, the mowing of grass, care of shrubs and general landscaping. The necessity for and adequacy of repairs shall be measured by the standard which is appropriate for proper and adequate maintenance of buildings of similar construction, class and required standards of use, in the vicinity of the Burdened Property. 5. Covenants ReLyardin2 Nuisance and Waste. The Burdened Property shall not be maintained as, nor shall the Owner of the Burdened Property permit the Burdened Property to become, a public or private nuisance. The Owner of the Burdened Property, shall not maintain any nuisance upon the Burdened Property, and the Owner of the Burdened Property shall not permit or commit any waste or damage to the Burdened Property. The Owner of the Burdened Property covenants not to do or suffer any waste or damage to or impairment of the value of the Burdened Property or the buildings or other improvements now or hereafter located on the Burdened Property. 6. Covenants and Restriction Regarding Hazardous Materials. The Owner of the Burdened Property shall not use or knowingly permit the use of any part of the Burdened 2 Foes $98.00 6/29/2018 11:06 AM Property, or any of the buildings or other improvements located thereon to generate, manufacture, refine, transport, treat, store, handle, dispose of, transfer, produce or process Hazardous Materials (as defined below) except in strict compliance with all applicable laws, and the terms hereof. The term "Hazardous Materials" shall mean all materials which because of their quantity, concentration or physical, chemical or infectious characteristics are regulated under Environmental Requirements (as hereinafter defined), including, without limitation, all Petroleum, petroleum products, explosives, radioactive materials, hazardous wastes, hazardous or toxic substances, any material containing one percent (1%) or more asbestos by weight or any other substance or material now or hereafter defined as a "hazardous" or "toxic" substance, material or product by the U.S. Environmental Protection Agency or the state in which the Burdened Property is located under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA) or comparable state statutes and other Environmental Requirements. The Owner of the Burdened Property shall comply with Environmental Requirements applicable to its operations at the Burdened Property or otherwise applicable to the Burdened Property. "Environmental Requirements" shall mean all legal requirements pertaining to the protection of human health and the environment, including, without limitation, all laws regarding the use, generation, storage, transportation, treatment, disposal or other handling of Hazardous Materials. The Owner of the Burdened Property, at its sole cost and expense, shall promptly comply with the Environmental Requirements including any notice from any source issued pursuant to the Environmental Requirements. The Owner of the Burdened Property shall indemnify, defend and hold the Owner of the Benefitted Property harmless from any and all claims, losses, liabilities, costs, expenses and damages, including reasonable attorneys' fees, costs of testing and . retnediation costs, to the extent incurred by the Owner of the Benefitted Property in connection with any breach by the Owner of the Burdened Property of its obligations under this Section. 7. Default and Remedies. In the event that a violation of any provision of this Declaration continues for ten (10) days after written notice thereof is given to the Owner of the Burdened Property, then the Owner of the Benefitted Property may: (i) cure the violation and charge the costs thereof, including reasonable fees of enforcement, experts and attorneys, to the Owner of the Burdened Property and all such costs shall be payable on demand, and for such purposes the curing Owner of the Benefitted Property shall have an easement to enter upon any portion of the Burdened Property as necessary to cure the violation, and (ii) seek specific enforcement, injunctive relief, or any other remedy available at law or in equity. in the event an action is commenced, the prevailing party shall be entitled to recover costs and expenses incurred in such action, including reasonable attorneys' fees, from the non -prevailing. 8. Indemnification, The Owner of the Burdened Property shall indemnify, defend and hold harmless the Owner of the Benefitted Property from any and all claims, damages, liabilities or losses that arise due to a violation of this Declaration by the Owner of the Burdened Property, its invitees, licensees or any other person claiming under or through the Owner of the Burdened Property. The provisions of this Article 7 shall survive the termination of this Declaration. 9. lion-Mereer. The ownership, at any time of the Beriefitted Property and Burdened Property by one Owner or an affiliate entity of such Owner, shall not create a merger of title, estate, or other merger and shall therefore not terminate any of the covenants, restrictions or other terms or 1IM 1111 11001111MEMN 1i19111 �10, Page: :of 143 Fees. $9&00 a/29/201¢ 11:0b AN provisions hereof, which shall remain in full force and effect for the period provided in this Declaration, regardless of any of the aforesaid common ownerships now or hereafter existing. 10. TerminatfonfModificatlon. This Declaration may be terminated, extended, modified or amended only in a writing signed by the Owners of each of the Burdened Property and Benefitted Property. 11. Term. The covenants and restrictions of this Declaration shall be effective and in full force and effect for thirty (30) years from the date hereof, unless such shorter period is required by applicable law or unless sooner terminated as provided herein, At the end of said thirty (30) year period, to the extent permitted by applicable law, the covenants and restrictions of this Declaration shall automatically extend for successive additional 10-year periods unless the record Owner of each of the Burdened Property and Benefitted Property agree in writing and file of record a statement that the covenants and restrictions of this Declaration shall not automatically extend, but rather shall terminate. 12. Miscellaneous. a. Ngtices. All notices, demands, statements and requests (collectively "Notice") required or permitted to be given under this Declaration must be in writing and shall be deemed to have been properly given or served as of the date hereinafter specified: (i) on the date of personal service upon the person to whom the notice is addressed; (ii) on the date three (3) days after the notice is postmarked by the United States Post Office, provided it is sent prepaid, registered or certified mail, return receipt requested,;and (iii) on the date the notice is delivered by a reputable overnight courier service to the address of the person to whom it is directed. The address of Benefitted Owner as of the filing of this Declaration is: Flathead County Economic Development Authority, 44 21 Avenue West, Kalispell, MT 59901, The notice address for the Owner of the Burdened Property shall be deemed to be the address where the real property tax statements are sent for the Owner of the Burdened Property, Each Owner shall have the right, from time to time, upon at least ten (10) days' prior written notice (in accordance with this Section) to change its registered address. b. Time of the Essence. Time is of the essence with respect to all matters provided in this Declaration. c. Sev_erability. The invalidity or unenforceability of one provision of this Declaration will not affect the validity or enforceability of the other provisions. d. Failure to Enforce Not a Waiver. No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same. (Remainder of Page Intentionally Lett Blank] Paq*:5 of 143 Fees,$91LOO 6/29/2016 11:06 AM DECLARANT: FLATHEAD COUNTY ECONOMIC DEVF T AUTHORITY By: Name: Title: STATE OF MONTANA COUNTY OF FLATHEADS This instrument was signed or acknowledged before me on , 2018 by �d acting in the capacity of and on behalf of lathe ounty Economic Devetopmen thority. (NOTARIAL SEAL) trRcy 4 01" DARLAWcmN No fAAY M13LjC for if o 1' " SEAL * �ri;off,1OK't� SWIe of Montana _t Y�g a. ftW m vdwa 10 ,.,ommisaian Wrem SM—ber12.?UI@ Notary Public for the State off Printed Name: Residing at My Commission expires: �"G 3 6/n/2018 11:06 AN SCHEDULE OF EXHIBITS Exhibit A: Legal Description of the Burdened Property Exhibit B: Legal Description of the Benefitted Property NEMa7of143 $9&00 0/29/1a1H 11.06 AN EXHIBIT A Legal Description of the Burdened Property A-7 ! Hui HIII 1111mi limm ON®an1111l11111® P2ge8af 43 Fear: $98.00 8/29/2028 11:06 AM Exhibit A TRACT 3-A OF C.O.S. NO. 20823 LOCATED IN THE NW1/4 SECTION 8, T.28N., R,21W., P.M.M., FLATHEAD COUNTY, MONTANA. SAID TRACT OF LAND CONTAINS 2.10 ACRES MORE OR LESS AND TRACT 4-A OF C.O.S. NO. 20823 LOCATED IN THE NW1/4 SECTION 8, T.28N., R.21W, P.M.M., FLATHEAD COUNTY, MONTANA. SAID TRACT OF LAND CONTAINS 0.65 ACRES MORE OR LESS AND LEASE PARCEL 1- A TRACT OF LAND LOCATED IN TRACT 2-A1 OF C.O.S. No. 20923, SITUATED IN THE NW1/4 OF SECTION 8, T.28N., R.21W,, P.M. M., FLATHEAD COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 2-A1 BEING ON THE EAST RIGHT-OF-WAY LINE OF WHITEFISH STAGE ROAD, THENCE 5 67"38'56" E, 163.22 FEET TO THE POINT OF BEGINNING; THENCE N 56"49'01" E, 82.71 FEET; THENCE N 51°54'31" E 76.35 FEET, THENCE N 42'36'40" E, 135.20 FEET; THENCE ALONG A NON TANGENT CURVE TO THE RIGHT HAVING A RADIAL BEARING IN OF S 15"43'40" E, ARC LENGTH OF 427.65 FEET, RADIUS OF 480 FEET, DELTA ANGLE OF 51'02'51" AND RADIAL BEARING OUT OF N 35°19'11" E; THENCE S 54°40'49" E, 58.95 FEET, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 774.68 FEET, AN ARC LENGTH OF 314.54 FEET, DELTA ANGLE OF 23"1S'50"; THENCE 5 00°31'57" E, 373.50 FEET, THENCE S 88'05'21" W, 745.89 FEET; THENCE N 40°16'13" W, 106.63 FEET; THENCE N 22'05'48" W, 219.57 FEET; THENCE N 35'22'26" W, 130.54 FEET THENCE N 08"11'08" E, 45.64 FEETTO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 10.91 ACRES MORE OR LESS. AND LEASE PARCEL 2 - A TRACT OF LAND LOCATED IN A PORTION OF TRACT 5 OF C.O.S. No. 18380, SITUATED IN THE NE1/4 OF SECTION 8, T.28N., R.21W, P.M. M., FLATHEAD COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 5 BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF THE BNSF RAILROAD; THENCE 5 18°25'57" W, 132.45 FEET ALONG SAID BNSF RIGHT-OF-WAY TO THE NORTHERLY RIGHT-OF-WAY OF FLATHEAD DRIVE SHOWN ON C.O.S. No. 18380; THENCE ALONG SAID FLATHEAD DRIVE RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES: 1) N 57°28'30" W, 32.56 FEET 2) ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET, DELTA ANGLE OF 19'39'13" AND ARC LENGTH OF 75.46 FEET; 3) N 77"07'43" W, 198.53 FEET; THENCE N 49'15'36" W, 22.89 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID FLATHEAD DRIVE; THENCE N 00°04'33" W, 17.42 FEET ALONG SAID FLATHEAD DRIVE RIGHT-OF-WAY TO THE SOUTH LINE OF PARCEL 1 OF C.O.S. No. 9232; THENCE N 89'34'38" E, 349.53 FEET ALONG THE SOUTH LINE OF SAID PARCEL 1 TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 0.53 ACRES MORE OR LESS. Pa4eU90aF1243 Feec: $98.00 6/29/2018 11;05 AM AND A TRACT OF LAND LOCATED IN TRACT 2-A1 OF C.O.S. No, 20823, SITUATED IN THE NW1/4 OF SECTION 8, T.28N., R.21W., P.M. M., FLATHEAD COUNTY, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHWESTCORNER OF SAID TRACT 2-A1 BEING ON THE EAST RIGHT-OF-WAY LINE OF WHITEFISH STAGE ROAD, THENCE 5 67'38'56" E, 163.22 FEET, THENCE N 56'49'01" E, 92.71 FEET; THENCE N 51'54'31" E 76.35 FEET; THENCE N 42'36'40" E, 135.20 FEETTO A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE RIGHT (SOUTHERLY), THE RADIUS POINT OF WHICH BEARS S 15'43'40" F, HAVING A RADIUS OF 480.00 FEET; THENCE EASTERLY ALONG SAID CURVE 427.65 FEET THROUGH A CENTRAL ANGLE OF 51"Q2'S1"; THENCE S 54'40'49" E, 58.95 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE LEFT (NORTHERLY), HAVING A RADIUS OF 774.68 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 314.54 FEET THROUGH A CENTRAL ANGLE OF 23'15'50" TO THE POINT OF BEGINNING AND TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE LEFT (NORTHERLY), HAVING A RADIUS OF 774.68 FEET, THENCE EASTERLY ALONG SAID CURVE 165,37 FEET THROUGH A CENTRAL ANGLE OF 12'13'52" TO THE END OF SAID CURVE; THENCE N 89'49'29" E, 9B5.36 FEET; THENCE S 00'10'31- E, 52.43 FEET; THENCE 5 89'58'06" E, 73,96 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE RIGHT (SOUTHERLY), HAVING A RADIUS OF 200,00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 77.87 FEET THROUGH A CENTRAL ANGLE OF 22'18'28" TO THE END OF THE CURVE; THENCE S 67'39'38" E, 45.86 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE RIGHT (WESTERLY), HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 68.33 FEET THROUGH A CENTRAL ANGLE OF 97'52'08" TO THE END OF THE CURVE; THENCE S 30'12'31" W, 72.42 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE RIGHT (NORTHERLY), THE RADIUS POINT WHICH BEARS N 36'49'37" W, HAVING A RADIUS OF 588.80 FEET; THENCE WESTERLY ALONG SAID CURVE 358.48 FEET THROUGH A CENTRAL ANGLE OF 34'53'00"; THENCE S 88'03'24" W, 11S.16 FEET THENCE 5 88'04'11" W, 353,80 FEET; THENCE N 85'43'57" W, 103.60 FEET; THENCE N 84'47'51" W, 55.56 FEET; THENCE S 88"05'21" W, 361.54 FEET; THENCE N 00'31'57" W, 351.00 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 9.48 ACRES MORE OR LESS, I�irlaNa�il�l[llI��a�lgl��l�l�llll@®���a"io �i4 Feec:d98.00 6/29/2018 11:06 AN EXHFBIT B Legal Description of Benefitted Property lfl�lillllgl��lll�(��I®®111llI�011f 201800013283 of 14 feac, $98.00 6/29/2018 11:11 . Exhibit B A PARCEL OF LAND CONTAINING TRACT 2-Al OF C.0,5, No. 20823, AND TRACTS 4, 5, 6, AND 7 OF C.O.S. No. 18380 LOCATED IN THE NW1/4 AND NW1/4NE1/4 OF SECTION 8, T,28N,, R.21W„ P.M,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE N1/4 OF SAID SECTION 8 THENCE 5 00°09'57" E, 643.28 FEET TO THE TRUE POINT OF BEGINNING, BEING THE NORTHWEST CORNER OF SAID TRACT 5; THENCE N 89'34'38" E, 739.10 FEET ALONG THE NORTH LINE OF SAID TRACT 5 TO THE WESTERLY RIGHT-OF-WAY LINE OF BNSF RAILWAY COMPANY; THENCE S 18-25157" W 188.74 FEET ALONG SAID RAILROAD RIGHT-OF-WAY LINE; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1382.69 FEET, DELTA ANGLE OF 1'57'48" AND ARC LENGTH OF 47.38 FEET ALONG SAID RAILROAD RIGHT-OF-WAY LINE TO THE SOUTH LINE OF SAID TRACT 5; THENCE S 89'57'46" W, 64,23 FEET ALONG THE SOUTH LINE OF SAID TRACT 5 TO THE WESTERLY RIGHT-OF-WAY LINE OF EAST OREGON LANE; THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT WITH RADIAL BEARING IN OF N 68'37'S8" W, A RADIUS OF 1322.69 FEET, DELTA ANGLE OF 9°05'44" AND ARC LENGTH OF 209.98 FEET ALONG SAID ROAD RIGHT-OF-WAY; THENCE S 30"27'46" W, 306.73 FEET ALONG SAID ROAD RIGHT-OF-WAY TO THE SOUTHEAST CORNER OF SAID TRACT 6; THENCE N 89°26'03" W, 385.63 FEET ALONG THE SOUTH LINE OF SAID TRACTS 6, 7 AND 2-A1 TO THE NORTHEAST CORNER OF SAID TRACT 4; THENCE S 02'47'02" W, 486.62 FEET ALONG THE EAST OF SAID TRACT 4 TO THE NORTHERLY RIGHT OF -WAY OF EAST OREGON LANE, THENCE S 85'41'04" W, 151.07 FEET ALONG SAID ROAD RIGHT-OF-WAY; THENCE N 59'S3'06" W, 259.84 FEET ALONG SAID ROAD RIGHT-OF-WAY TO THE SOUTHWEST CORNER OF SAID TRACT 4; THENCE N 00°52'08" E, 371.09 FEET ALONG THE WEST LINE OF SAID TRACT 4 TO THE NORTHWEST CORNER OF SAID TRACT 4; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT 2-A1 AND TRACT 3 THE FOLLOWING FOUR (4) COURSES: 1) N 89"40'29" W, 834.60 FEET; 2) 5 12-08-30" E, 9.23 FEET, 3) S 89'58'50" W, 369,06 FEET; 4) S 88-26'07" W, 31.32 FEET TO THE EAST RIGHT-OF-WAY LINE OF WHITEFISH STAGE ROAD; THENCE ALONG SAID ROAD RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES: 1) N 17'54'25" W, 389.40 FEET, 2) A CURVE TO THE LEFT HAVING A RADIUS OF 1730.00 FEET; DELTA ANGLE OF 8-16'29" AND ARC LENGTH OF 249.85; 3) N 26,10'54" W, 104.95 FEET; 4) N 63'31'57" E, 49.58 FEET, 5) N 22'32'14" W, 303.76 FEET TO THE NORTHWEST CORNER OF SAID TRACT 2-Al THENCE ALONG THE NORTHERLY LINE OF SAID TRACT 2-A1 THE FOLLOWING SEVEN (7) COURSES: 1) S 59"24'34" E, 305.12 FEET; 2) N 63°43'14" E, 367.58 FEET; 3) N 64'18'45" E, 6.D6 FEET; 4) 5 54'40'49"E, 412.46'; 5) A CURVE TO THE LEFT HAVING A RADIUS OF 714,68 FEET, DELTA ANGLE OF 35°29'42" AND ARC LENGTH OF 442.75 FEET, 6) N 89-49-29" E, 642.00 FEET, 7) N 00'09'57" W, 28.01 FEETTO THE SAID POINT OF BEGINNING, THE TRACT CONTAINS 44.07 ACRES, MORE OR LESS, AND IS SUBJECTTO ALL EXISTING EASEMENTS AND DOCUMENTS OF RECORD. LESS AND EXCEPTING THEREFROM THE F0tLOWINQ_12F.SCRIBED TRACTS: TRACT 3-A OF C.O.S. NO, 20823 LOCATED IN THE NW1/4 SECTION 8, T.28N,, R.21W., P.M.M., FLATHEAD COUNTY, MONTANA. SAID TRACT OF LAND CONTAINS 2,10 ACRES MORE OR LESS AND ,Milli 11Mlig IligtVjE IlMll���lll� 111 3 eoo83 6/"12018 11A6 AM TRACT 4-A OF C.O.S. NO. 20823 LOCATED IN THE NW1/4 SECTION 8, T.28N., R.21W., P.M.M., FLATHEAD COUNTY, MONTANA, SAID TRACT OF LAND CONTAINS 0.65 ACRES MORE OR LESS AND LEASE PARCEL 1- A TRACT OF LAND LOCATED IN TRACT 2-Al OF C.O.S. No. 20923, SITUATED IN THE NW1/4 OF SECTION 8, T.28N., R.21W., P.M. M., FLATHEAD COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 2-A1 BEING ON THE EAST RIGHT-OF-WAY LINE OF WHITEFISH STAGE ROAD, THENCE S 67*38,56" E, 163.22 FEET TO THE POINT OF BEGINNING; THENCE N 56'49'01" E, 82.71 FEET; THENCE N 51"54'31" E 76.35 FEET; THENCE N 42'36'40" E, 135.20 FEET; THENCE ALONG A NON TANGENT CURVE TO THE RIGHT HAVING A RADIAL BEARING IN OF S 15"43'40" E, ARC LENGTH OF 427.65 FEET, RADIUS OF 480 FEET, DELTA ANGLE OF 51'02'51" AND RADIAL BEARING OUT OF N 35°19'11" E; THENCE S 54'40'49" E, 58.95 FEET, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 774.68 FEET, AN ARC LENGTH OF 314.54 FEET, DELTA ANGLE OF 23'15'5W; THENCE S 00'31'57" E, 373.50 FEET; THENCE 5 88"05'21" W, 745.89 FEET; THENCE N 40'16'13" W, 106.58 FEET; THENCE N 22°05'48" W, 219.57 FEET; THENCE N 35'22'26" W, 130.54 FEET THENCE N 08'11'08" E, 45.64 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 10.91 ACRES MORE OR LESS. AND LEASE PARCEL 2 - A TRACT OF LAND LOCATED IN A PORTION OF TRACT S OF C.O.S. No. 18380, SITUATED 1N THE NE1/4 OF SECTION 8, T.28N., R.21W., P.M. M., FLATHEAD COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 5 BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF THE BNSF RAILROAD; THENCE 518"25'57" W,132.45 FEET ALONG SAID BNSF RIGHT-OF-WAY TO THE NORTHERLY RIGHT-OF-WAY OF FLATHEAD DRIVE SHOWN ON C.O.S. No. 18380; THENCE ALONG SAID FLATHEAD DRIVE RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES: 1) N 57"28'30" W, 32.56 FEET 2) ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET, DELTA ANGLE OF 19'39'13" AND ARC LENGTH OF 75.46 FEET; 3) N 77"07'43" W, 198.53 FEET; THENCE N 49'15'36" W, 22.89 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID FLATHEAD DRIVE; THENCE N 00"04'33" W, 17.42 FEET ALONG SAID FLATHEAD DRIVE RIGHT-OF-WAY TO THE SOUTH LINE OF PARCEL 1 OF C.O.S. No. 9232; THENCE N 89'34'38" E, 349.53 FEET ALONG THE SOUTH LINE OF SAID PARCEL 1 TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 0.53 ACRES MORE OR LESS. AND A TRACT OF LAND LOCATED IN TRACT 2-Al OF C.O.S. No. 20823, SITUATED IN THE NW1/4 OF SECTION 8, T.28N., R.21W., P.M. M., FLATHEAD COUNTY, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 2-AI BEING ON THE EAST RIGHT-OF-WAY LINE OF WHITEFISH STAGE ROAD, THENCE S 67-38'56" E, 163.22 FEET, THENCE N 56°49'01" E, 82.71 FEET; THENCE N 51°S4'31" E 76.35 FEET; THENCE N 42°36'40" E, 135.20 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE RIGHT (SOUTHERLY), THE RADIUS POINT OF WHICH BEARS S 15'43'40" E, HAVING A RADIUS OF 480.00 FEET; THENCE EASTERLY ALONG SAID CURVE 6/29/2018 I1cU6 AM 427.65 FEET THROUGH A CENTRAL ANGLE OF 51'02'51"; THENCE S 54'40'49" E, 58.95 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE LEFT (NORTHERLY), HAVING A RADIUS OF 774.68 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 314.54 FEET THROUGH A CENTRAL ANGLE OF 23'15'50" TO THE POINT OF BEGINNING AND TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE LEFT (NORTHERLY), HAVING A RADIUS OF 774.68 FEET; THENCE EASTERLY ALONG SAID CURVE 165,37 FEETTHROUGH A CENTRAL ANGLE OF 12°13'52" TO THE END OF SAID CURVE; THENCE N 89'49'29" E, 985.36 FEET; THENCE S 00'10'31" E, 52.43 FEET; THENCE S 89"58'OG" E, 73.96 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE RIGHT (SOUTHERLY), HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 77.87 FEET THROUGH A CENTRAL ANGLE OF 22°18'28" TO THE END OF THE CURVE; THENCE S 67'39'38" E, 45.86 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE RIGHT (WESTERLY), HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 68.33 FEET THROUGH A CENTRAL ANGLE OF 97'52'08" TO THE END OF THE CURVE; THENCE S 30°12'31" W, 72.42 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE RIGHT (NORTHERLY), THE RADIUS POINT WHICH BEARS N 36'49'37" W, HAVING A RADIUS OF 588.80 FEET; THENCE WESTERLY ALONG SAID CURVE 358.48 FEET THROUGH A CENTRAL ANGLE OF 34'53'00"; THENCE 5 88°03'24" W, 115.16 FEET THENCE 5 88'04'11" W, 353.80 FEET; THENCE N 85-43,57" W, 103.60 FEET; THENCE N 84'47'51" W, 55.56 FEET; THENCE 5 88"05'21" W, 361.54 FEET; THENCE N 00°31'57" W, 351.00 FEET TO THE POINT OF BEGINNING, SAID TRACT OF LAND CONTAINS 9.48 ACRES MORE OR LESS. H c-, _�i�• • 4 y 1 I �� z,, i 4Io '� 4 R atxr i OF 1 F PER., � RX tTc v= pdE S5- S Ng y< �g¢ S2 wz8- C"l09 b'. �•w! �'� � � cry ��` I 1 i` Li 5# 9 S ;•' �.uF9 co+r I r is '��r'f�N 1.S r Tape: l4 al 7d -- -- Peas: $49,flP d/24/1P16 II:P. AN m- Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY : KLJ Engineering FOR : Flathead County Economic Development Authority DATE : 2/14/2019 DESCP : Glacier Rail Park PURPOSE : Subdivision in 8-28-21 on Tr 5BA, 301CAA, 301CA, 4, 301B, & 30S YEARS ASSESSOR # 2015 Thru 2018 0455500 0670850 0936200 0014168 - 3 0015614 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. Deputy Treasurer xfuP� + ^"a,^ (seal) r"IuBii March 4, 2016 Mike Brodie, PE KLJ 1845 Highway 93 South Kalispell, MT 59901 Re: Glacier Rail Park Mike, The revised construction drawings, design reports, and other included submittals received March 1, 2016 for the Glacier Rail Park are hereby approved contingent on the following items: 1. Prior to Final Plat, all Conditions listed in the Preliminary Plat shall be satisfied. Prior to Final Plat, record drawings of the approved plans shall be submitted in both hard copy and digital formats. The coordinate systems used in the record drawings shall be Montana State Plane - International Foot for horizontal coordinates with corresponding elevations in NAVD 88. 3. A deviation to plan coordinate system requirement as defined in Section 3.4.7.E is approved contingent upon the delivery of record drawings as specified in item 2 above. 4. A deviation to the Horizontal Location of valves and manhole covers as defined in Section 3.3.6 is approved. The deviation to the standards is deemed necessary to maintain adequate separation between the City of Kalispell infrastructure and an Evergreen water main. 5. A deviation to the noise emission limits for generators as specified in section 3.3.12.D is approved. The deviation to the standards is deemed acceptable for an industrial park with a separation from residents of more than 600 feet. 6. A deviation to the short-term infiltration requirement maximum of 20 in/hr and long-term infiltration rate of 10 in/hr as defined in Section 4.6.3.B.V.c are approved. Contingent upon approval, the Property Owner(s) shall be responsible to maintain pretreatment devices to ensure pollutant removal is adequate to prevent groundwater contamination. 201 1st Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www.kalispell.com 7. A deviation to the minimum setback requirement from ponds to property lines of 20 feet as specified in Section 4.7.8.B.IV is approved. Contingent upon approval of this deviation, the Property Owner(s) shall be responsible to protect adjacent properties and infrastructure from damage associated with stormwater storage in the pond. 8. A deviation to the Non -Flooded width of 16 feet as required in Section 4.8.6.A is approved allowing 15 feet of non -flooded width per the Engineer's evaluation. 9. A deviation to the maximum grade requirement for access roads of 8% as specified in Section 4.10.1.H.d is approved. Contingent upon approval of this deviation the Property Owner(s) shall be responsible to maintain the pond using the proposed access road with a 10% grade. If modifications to the access road is necessary, the modifications shall be submitted to Public Works for review and approval prior to construction. The above listed deviations are the only deviations approved for this project (outside of MDEQ deviation requests). Any deviation to the standards beyond the approved deviations in this letter shall be submitted to this department for review and approval prior to construction. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect. Modification to these approved plans shall be submitted and approved by this department prior to construction. If more than 18 months lapse before completing construction, plans and specifications must be resubmitted and approved before construction continues. Please contact Mark Crowley at 249-2485 to set up a pre -construction meeting prior to beginning construction. At project completion, please provide the City with record drawings. We look forward to working with you on this project. Sincerely, e�z,"4,4� Keith Haskins, PE Senior Civil Engineer 406.758-7727 cc: Emily Gillespie, PE, Montana Department of Environmental Quality Mark Crowley - City Construction Manager Page 2 of 2 KALISPELL July 24, 2019 Mark Rohweder, PE Project Engineer KLJ Engineering 1830 3rd Ave,E, Suite 202 Kalispell, MT 59901-5778 Re: Glacier Rail Park Public Infrastructure Dear Mr. Rohweder: The purpose of this letter is to indicate all public infrastructure constructed by this project to be owned by the City of Kalispell have been designed and constructed in accordance with MDEQ and City Design and Construction Standards, as certified by you, and are hereby accepted by the City of Kalispell. Additionally, this letter is intended to serve as review and acceptance of the required easements and dedicated right-of-ways. This letter is intended to satisfy conditions 16 and 17 as indicated in Resolution No 5878 for the Preliminary Plat of Glacier Rail Park. Sincerely, 14� f, "45kA� Keith Haskins, PE City Engineer cc: Jarod Nygren — Senior Planner 201 P Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www. kalispell. eonr April 8, 2016 Mike Brodie, PE KLJ 1830 TJ Ave. East. Suite 202 Kalispell, MT 59901 Re; City of Kalispell — PWSID#MT000259 Glacier Rail Park - Water Main, Sewer Main & Lift Station EQ#16-1144 Approval Dear Mr. Brodie Thank you for the revised engineering report, deviation requests and plans and specifications for the water main extension, gravity sewer main extension, pressure force main and lift station proposed to serve the future Glacier Rail Park site located east of Kalispell in a recently annexed parcel, received March 9 — April 4, 2016, under the Professional Engineer's seal of Michael J. Brodie, 28348PE. This submittal information was reviewed along with the original engineering report and the plans which were received August 7, 2015, under the Professional Engineer's seal of Andrew Evensen, 30603PE. The submittal was reviewed in accordance with Department Circular DEQ-1, 2014 edition and Department Circular DEQ-2, 2012 edition. The subdivision intends to utilize the Municipal Facility Exclusion (MFE) process to satisfy the Sanitation in Subdivision Act. As such, the City of Kalispell directly reviews the storm water management on the site. The City of Kalispell approval of the project construction plans and specifications was received March 4, 2016. The proposed water and sewer utilities will be installed within road right-of-way for continued City access for operation and maintenance. The Glacier Rail Park, water main and sanitary sewer collection system improvements' plans and specifications, received March 9, 2016, along with replacement sheet W-4 received April 4 2016, are hereby approved with the conditions listed below. 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, Condition One: The 4-inch diameter wastewater force main utilizing 4-inch diameter C900 PVC pipe must be well labeled to avoid confusion and potential cross -connections with water utilities by clearly labeling this utility as a wastewater (not water) utility. Ensure that warning tape clearly indicates "sewer" force main. As indicated, the warning tape shall be wrapped around the PVC pipe for clarification. Condition Two: The Glacier Rail Park must make application to DEQ utilizing the MFE process for the division of lots within the Rail Park, to satisfy the Sanitation Act. The MFE process can be pursued independent of the public infrastructure water and sewer improvements, herein approved, since these improvements will be installed outside the subdivision boundary. However, the MFE must be approved prior to connection of the internal lots to City of Kalispell utilities. City of Kalispell — PWSID#MT000259 Glacier Rail Park - Water Main, Sewer Main & Lift Station EQ#16.1144 Approval April 8, 2016 Page 2 of 3 In general, the water main system improvements consist of: approximately 7900 feet of 12-inch diameter C-900 DR18 PVC water main, 23 fire hydrant assemblies, 39 gate valves, and steel casing conduit installation at railroad crossings. At full buildout, domestic demand is estimated to total 5850 gpd, yielding a peak demand of approximately 50 gpm. The Fire Chief indicated that a 3000 gpm design fire flow was appropriate, provided that interior building sprinkler systems are installed in future buildings within the Rail Park. Water modeling indicated that system pressure can be maintained above 20 psi with a 3000 gpm fire flow demand within the Rail Park. The sanitary sewer collection system improvements consist of: the installation of approximately 2300 feet of 8-inch diameter SDR35 PVC gravity sewer main, 12 precast concrete sewer manholes, approximately 2350 feet of 4-inch diameter DR18 C900 PVC force main, one suction lift wastewater lift station utilizing a 6-foot diameter wet well with above ground pump house and control structure. The duplex, wastewater, self -priming, suction lift pumps shall be Gorman Rupp Model V3B-B or equal, with a primary operating point of 90 gpm at 66 feet TDH. A natural gas fueled 50kW Generac backup power generator will be installed to serve the wastewater lift station. Additionally, bypass piping and camiock connections will be installed if bypass pumping becomes necessary. As a part of the project, five deviations were requested and granted from: Circular DEQ-2 Standard 42.22 and 44.11 and DEQ-1 Standard 8.8.2 8.8.4 and 8.8.6 • A deviation from DEQ-2 Standard 42.22 allowed the proposed Gorman -Rupp wastewater lift station pumps to be utilized without 4-inch suction and discharge openings. The proposed pumps can still pass 3-inch spheres. • A deviation from DEQ-2 Standard 44.11 allowed more than 25 feet of suction piping to be utilized, because the NPSH safety factors of the pumps are still met. • Deviations from DEQ-1 Standard 8.8.2, 8.8.4 and 8.8.6 allowed the water main to be installed at spacing less than 10 feet horizontally from a sanitary sewer main (force main and gravity piping) and sanitary sewer manholes. Flowable fill shall be placed at these locations for improved structural support and impermeability and at least 5 feet spacing will be maintained. 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. City of Kalispell — PWSID#MT000259 Glacier Rail Park - Water Main, Sewer Main & Lift Station EQ#16-1144 Approval April 8, 2016 Page 3 of 3 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 or egillespie( mt.go_v Sincerely, 6ve /)&4>�z Emily J. Gillespie, P.E. Public Water Supply and Subdivisions Bureau Copies: Kim Morisaki, Flathead County Economic Development Authority, 44 Second Ave West, Kalispell, MT 59901 Keith Haskins, City of Kalispell Public Works Dave Dedman, City of Kalispell Fire Chief (electronic only) Wendee Jacobs, Flathead County Environmental Health MDEQ Plan Review File RESOLUTION NO.5878 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF GLACIER RAIL PARK, DESCRIBED AS TRACTS 2 AND 3 OF CERTIFICATE OF SURVEY 19246 AND TRACTS 4, 5, 6 AND 7 OF CERTIFICATE OF SURVEY 18380 IN THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Flathead County Economic Development Authority (FCEDA), 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 April 10, 2018 on the proposal and reviewed Subdivision Report #KPP-18-04 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary PIat of FCEDA Rail Park Subdivision subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of June 18, 2018, reviewed the Kalispell Planning Department Report #KPP-18-04, 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-18-04 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of FCEDA for approval of the Preliminary Plat of FCEDA Rail Park Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: General Conditions: 1. 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. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. 3. All applicable conditions within Ordinance 1792 (Glacier Rail Park PUD) shall apply. 4. Commercial truck traffic shall be prohibited from using East Oregon Street, west of the subdivision. Signage prohibiting commercial trucks from using East Oregon Street shall be installed on East Oregon Street, west of the proposed subdivision. 5. Commercial truck traffic shall be prohibited from exiting the site onto Whitefish Stage, west of the subdivision. Signage prohibiting commercial trucks from exiting the site onto Whitefish Stage Road shall be installed on the proposed "Rail Access Road" within the subdivision. 6. The proposed private Rail Access Road within the subdivision shall be designed and constructed in accordance with the Kalispell Subdivision Regulations and Kalispell Standards for Design and Construction. In order to serve its intended purposes, the private road shall be designed to Collector Street standards with a loading capacity of HS-20 in order to withstand the weight of truck traffic. Curbs, gutters, and boulevards shall be provided on both sides of the road. No sidewalks are required per Ordinance 1792. The private access road shall continue to provide access to the properties to the north of the subdivision per an easement stated on the face of the final plat, Prior to final. plat: 7. East Oregon Street and East Oregon Lane shall be improved to City of Kalispell Collector Street standards with a curb, gutter, boulevard, and sidewalk along the affected frontages and with curb and gutter on the opposite side of the street. The improved road shall be designed and constructed to HS-20 loading capacity standards. All of the corresponding right-of-way shall be granted to the City of Kalispell. 8. Right-of-way shall be granted to the city for the entire 60-foot road and utility easement (Flathead Drive west of rail ROW, East Oregon Street, and East Oregon Lane). The exact easement location shall be reviewed and approved by the Kalispell Public Works department and shown on the final plat. The dedicated segment of Flathead Drive shall be improved to Collector Street standards, with curbs, gutters, and boulevards on both sides, and a sidewalk on at least one side. 9. The intersection of East Oregon Lane, Montclair Drive, and Flathead Drive shall be designed in accordance with the recommendations contained in the Traffic Impact Study for the FCEDA Rail Park subdivision. The final traffic circulation design shall be reviewed and approved by the Kalispell Public Works Department and Flathead County. 10. The intersection of Flathead Drive and U.S. Highway 2, including the installation of a traffic light at this intersection, shall be designed in accordance with the recommendations contained in the Traffic Impact Study for the FCEDA Rail Park Subdivision. The final traffic circulation design shall be reviewed and approved by the Kalispell Public Works Department, Flathead County, and the Montana Department of Transportation. 11. The designs for any modified or planned crossing of the railroad lines within the property and at Flathead Drive shall be reviewed and approved by Burlington Northern and Santa Fe (BNSF) Railway Company. A letter shall be submitted to the Kalispell Public Works Department from BNSF, or their technical representative, indicating approval of the design of said crossings. 12. 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. 13. 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, 14. The developer shall submit to the Kalispell Public Works Department for review and approval a municipal water and sewer extension and development plan that meets the requirements of the current city standards for design and construction. If public utilities are located internal to the site, they shall be located within the private roadway area. 15. Any public utilities that are required to cross the railway lines shall be encased in sleeves that will protect the underground utilities from damage. The design for these casings shall be submitted for review and approval by the Kalispell Public Works Department. 16. 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 proper bonds have been accepted for unfinished work. 17. 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. Easements for public utilities should be exclusive to public utilities only. Private utility easements may run parallel and adjacent to the public easement. 18. 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 19. The developer shall include on the face of the final plat a statement waiving the right to protest the establishment of a special improvement district for the purposes of improvements to Whitefish Stage Road where it is adjacent to the property. On -going conditions: 20. All utilities shall be installed underground. 21. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 22. The portion of the property located in the far northwest corner, spanning the Stillwater River, shall be maintained in its natural state so as not to disturb the native vegetation, impede the flow of surface water, or impact the 100-year floodplain. 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 18TH DAY OF JUNE, 2018. ATTEST: Mark JFohnsk7 Mayor �y �1111{iiflrl;{ Aimee Brunckhorst, CMC ¢� City Clerk : CO��•<<'� SEAL 1892 l��f�i��l�►rr; d �w II �X Fw05 zz jo I Z.1 a wC. U W Ua W 0 a0� I a^x6'OY U1 U I W U y Y. O O I n pa?wE ¢z,S Ra I Cw O^ E�.,zUorno z'S O U I Ls. 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