I5. Village Greens Final PlatCITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Director
SUBJECT: Final plat request for Village Greens— Phase 19
MEETING DATE: February 3, 2020
Planning Department
201 Is' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisuell.com/ulannin2
BACKGROUND: Sands Surveying Inc., submitted a request, on behalf of Go Development, LLC, for
final plat approval of the Glacier Village Greens Subdivision Phase 19, a 34-lot townhome residential
subdivision on 5.24 acres. Phase 19 is located on the west side of Glacier Village Greens and is the last
phase for the golf course community. The property is a tract of land, situated, lying and being within
the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of the Northeast Quarter of
Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. A more precise
legal description of the subject property is attached.
The City Council approved the preliminary plat with 16 conditions in December 2002, with Resolution
94762. All of the conditions have been met or adequately addressed. The following report summarizes
the applicant's compliance with the conditions of approval contained within Resolution #4762.
RECOMMENDATION: It is recommended that the City Council approve the final plat for Village
Greens — Phase 19.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: January 29, 2020
c: Aimee Brunckhorst, Kalispell City Clerk
CITY OF
KALISPELL
January 28, 2020
Doug Russell, City Manager
City of Kalispell
201 1st Ave E
Kalispell, MT 59901
Re: Final Plat request for Glacier Village Greens Phase 19
Dear Doug:
Planning Department
201 1' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Sands Surveying Inc., submitted a request, on behalf of Go Development, LLC, for final plat approval of
the Glacier Village Greens Subdivision Phase 19, a 34-lot townhome residential subdivision on 5.24 acres.
Phase 19 is located on the west side of Glacier Village Greens and is the last phase for the golf course
community. The property is a tract of land, situated, lying and being within the Southeast Quarter of the
Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 32, Township 29
North, Range 21 West, P.M.M., Flathead County, Montana. A more precise legal description of the
subject property is attached as Exhibit "A".
The City Council approved the preliminary plat with 16 conditions in December 2002, with Resolution
94762. All of the conditions have been met or adequately addressed. The following report summarizes
the applicant's compliance with the conditions of approval contained within Resolution 94762.
COMPLIANCE WITH CONDITIONS OF APPROVAL
General Conditions:
1. Development of the subdivision shall be platted in substantial compliance with the approved
preliminary plat which governs the location of lots and roadways within the subdivision.
Staff Response: This condition has been met. The subdivision is substantially in compliance
with the approved preliminary plat. The lot and roadways very closely match those that were
proposed and approved under the preliminary plat.
2. That the roadways serving the subdivision shall be constructed in accordance with the adopted
Design and Construction Standards for the City of Kalispell for local roads and include the
pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape
boulevard with street trees placed in accordance with a plan approved by the parks and recreation
director. A letter from an engineer licensed in the State of Montana certifying that the
improvements have been installed according to the required specifications shall be submitted at
the time of final plat approval along with a letter from the Kalispell Public Works Department
stating that the required improvements have been inspected and comply with the City standards.
Staff Response: This condition has been met. All the improvements were installed and certified
as complete with approval of Phase 19. Attached are the letters from Carver Engineering
certifying that all the improvements are complete. See attached letter from Carver Engineering
dated December 12, 2018. In addition, the Kalispell Parks and Recreation Department has agreed
to allow the developer to implement a "Landscaping Agreement" for the 39 trees that will be
installed as the lots develop. The developer has paid the Parks Department $17,32185 for the
trees. See the attached email from the Kalispell Parks and Recreation Department, dated
February 21, 2019.
That a letter be obtained from the Kalispell Public Works Department approving the sewer and
drainage facilities for the subdivision.
Staff Response: This condition has been met. See the attached letter from Kalispell Public
Works, dated June 28, 2019 Additionally, see letter from DEQ dated July 11, 2018.
4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed
subdivision be performed that pertains to the stability of the slope and identifies any potential for
failure due to development of the subdivision or other construction that might occur. The report
shall be submitted to the Kalispell Public Works Department for their review and approval.
Staff Response: This condition does not apply for Phase 19, as this sub -phase is not adjacent to
the slopes in question.
5. A storm water drainage plan which has been designed by an engineer licensed in the State of
Montana shall be prepared which complies with the City's Design and Construction Standards
and shall be reviewed and approved by the Kalispell Public Works Department.
Staff Response: This condition has been met. See the attached letter from Kalispell Public
Works, dated June 28, 2018.
6. That the developer obtains a letter from the Evergreen Water District or their engineer approving
the water main extension and certifying that any necessary improvements have been completed.
Staff Response: This condition has been met. See the attached letter from the Flathead County
Water & Sewer District 91 — Evergreen, dated July 3, 2018.
7. The road within the subdivision shall be named and signed in accordance with the policies of the
Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be
subject to review and approval of the Kalispell Fire Department.
Staff Response: This condition has been met. See the attached letter from Kalispell Public
Works, dated June 28, 2018 and Kalispell Fire Department dated March 1, 2019. The roads were
named as part of previous phases.
8. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service.
Staff Response: This condition has been met. The U.S. Postal Service approved CBU delivery
for Phase 19 at the completion of previous phases within the development.
9. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties.
Staff Response: This condition has been met. See the attached letter from Kalispell Public
Works, dated June 28, 2018.
10. That the parkland dedication requirements shall be met by recognizing the existing park and
parking improvements as well as open space within the development.
Staff Response: This condition has been met. The applicant dedicated 6.167 acres of parkland
along with the previous final plat of Phase 22A.
11. All utilities shall be installed underground.
Staff Response: This condition has been met. All of the utilities have been installed underground.
12. That the fire access and suppression system comply with the Uniform Fire Code and a letter from
the Kalispell Fire Department approving the access and number and placement of fire hydrants
within the subdivision as well as fire flows and access shall be submitted with the final plat. The
fire access and suppression system shall be installed and approved by the fire department prior
to final plat approval.
Staff Response: This condition has been met. See the attached letters from the Kalispell Fire
Department for hydrants and access, dated March 1, 2019.
13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
Staff Response: This condition has been met. All of the required infrastructure for the
subdivision has been constructed. The remaining improvements to be installed are the street
trees, and the applicant has entered into a "Landscaping Agreement" to ensure the trees are
installed by the Kalispell Parks Department.
14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free
mix immediately after development.
Staff Response: This condition has been met. All of the areas that were disturbed during the
development of Phase 19 were completed in substantial compliance with the approved plans and
specifications and further verified via field inspection by Public Works.
15. That the boundaries of the 100-year floodplain be established and delineated on the final plat.
Staff Response: This condition has been met. There is no floodplain associated with Phase 19
as it has no frontage on the Whitefish River.
16. That preliminary approval shall be valid for a period of three years from the date of approval
with a three-year extension as the final plat for each phase is filed.
Staff Response: This condition has been met. The final plat was submitted prior to the expiration
of the preliminary plat approval, which was initially granted in 2002 and was extended with the
filing of final plat subsequent subdivision phases.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was approved by the Kalispell
City Council on December 16, 2002.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City Subdivision
Regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-4
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
Village Greens Phase 19. Please schedule this matter for the regular city council meeting of February 3,
2020.
Attachments: - 2 Mylars of the final plat
- Copy of final plat
- Applicant responses dated 12/6/2019
- Final plat application
- Westcor Title Company Report 11/21/2019
- Declarations and Covenants
- Flathead County tax certification dated 12/3/2019
- Letters from Carver Engineering dated 12/12/2018
- Letter from Kalispell Public Works Department (engineering approval) dated
6/28/2018 and November 27, 2018.
- Montana Department of Environmental Quality approval letters dated 7/11/2018 and
11/28/2018
- Letter from Flathead County Water & Sewer District 91 — Evergreen dated 7/3/2018
- Kalispell Fire Department letters dated 3/1/2019 and 11/18/2019
Kalispell Parks and Recreation email dated 2/21/2019
Easement agreement dated 2/6/2019
Legal description
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: Eric Mulcahy, Sands Surveying
2 Village Loop
Kalispell, MT 59901
MONTANA
FINAL PLAT APPLICATION
Planning Department
201 1`t Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
k lis 1 nnin6 _nn
,� EV
0K092019
Project /Subdivision Name: Glacier Village Greens Phase 19 KN sm I P1 Amft*MTff
-CPersun—. Owner & MailingAddress:
Name: Go Development LLC, Attn: Mark Owens Same
Address: 500 Palmer Drive
Kalispell, MT 59937
Phone No.: (406) 250-2614
Date of Preliminary Plat Approval: 12 16 02. A number of final plats have been granted over the
ears. The last Final Plat was granted on February 20 2018 for Phase 21. Therefore the final plat for
this next phase would not expire until February 20 2020.
Type of Subdivision: Residential X Industrial Commercial PUD Other
Total Number of Lots in Subdivision 34 Lots
Land in Project (acres) 5.24 acres
Parkland (acres) N/A Cash -in -Lieu $ N/A Exempt NLA
No. of Lots by Type:
Single Family Townhouse 34 sublot Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial
Condominium
Industrial
Multi -Family
Planned Unit Development
Other
Legal Description of the Property Glacier Village Greens Phase XXI in Section 32 T29N R21W
P.M.M Flathead Count
FILING FEE ATTACHED $ 5050..00
Minor Subdivision with approved preliminary plat $400 + $125/lot
Major Subdivision with approved preliminary plat $800 + $125/lot
Subdivisions with Waiver of Preliminary Plat $800 + $125/lot
Subdivision Improvements Agreement $50
Attached Not Applicable (MUST CHECK ONE)
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement
Plats: 1 opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
11X17 Copy 11X17 Copy
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The governing
body must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete 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.
QL-
Owner(s) Signature
4-17-- lot
Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tic to either an existing subdivision corner or a corner of the public land survey system
010
SANDS SURVEYING, INC.
2 Village Loop Road
Kalispell, MT 59901
406-755-6481
Fax 406-755-6488
December 6, 2019
Kalispell Planning Office
Jarod Nygren, Senior Planner
201 1"Avenue East
Kalispell, MT 59901
Dear Jarod:
Attached please find the materials necessary to file
Phase 19, the last phase of this development. I ha,
then subsequently addressed how each Condition was
the final plat for Glacier Village Greens,
re listed the Conditions of Approval, and
met.
Glacier Village Greens was granted Preliminary Plat approval on December 10, 2002 as part of
the overall approval for Phases 14-22, (Resolution 4752). On February 20, 2018 the City
granted final plat approval to Phase 21 which is located just north and adjacent to Phase 19.
Phase 19 completes the loop West Nicolas Avenue. This current phase is not set to expire until
February 20, 2020. The conditions of approval are addressed as follows.
1. Development of the subdivision shall be platted in substantial compliance with the
approved preliminary plat which governs the location of lots and roadways within the
subdivision.
This condition is met. The subdivision is in substantial compliance with the approved
preliminary plat.
2. That the roadways serving the subdivision shall be constructed in accordance with the
adopted Design and Construction Standards for the City of Kalispell for local roads and
includes the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five
foot landscape boulevard with street trees placed in accordance with a plan approved by
the parks and recreation director. A letter from an engineer licensed in the State of
Montana certifying that the improvements have been installed according to the required
specifications shall be submitted at the time of the final plat approval along with a letter
from the Kalispell Public Works Department stating that the required improvements have
been inspected and comply with the City Standards.
This condition is met. All of the improvements where installed and certified as complete
with the approval of Phase 19. Attached are the letters from Carver Engineering and the
City of Kalispell Public Works Department certifying that all of the above noted
improvements are complete. The Parks and Recreation Department has agreed to
implement a "Landscaping Agreement" for the 39 boulevard trees that will be installed as
the lots are developed. The developer paid the parks department $17,321.85 for the trees
as indicated in the Kalispell Park Department email of February 21, 2019.
Glacier Village Greens, Phase 19 Page 1
I That a letter be obtained from the Kalispell Public Works Department approving the
sewer and drainage facilities for the subdivision.
This condition is met. Attached is a letter from the City of Kalispell Public Works
Department approving all of the above improvements.
4. That a geotechnical analysis of the slope areas to the north and to the west of the
proposed subdivision be performed that pertain to the stability of the slope and identify
any potential for failure due to development of the subdivision or other construction that
might occur. The report shall be submitted to the Kalispell Public Works Department for
their review and approval.
This condition is met. This condition was addressed in Phase 22C and approved by the
City Council in March of 2016. There are no slopes associated with Phase 19.
5. A storm water drainage plan which has been designed by an engineer licensed in the
State of Montana shall be prepared which complies with the City's Design and
Construction Standards and shall be reviewed and approved by the Kalispell Public
Works Department.
This condition is met. Please refer to the attached letter from Kalispell Public Works
Department.
6. That the developer obtain a letter from the Evergreen Water District or their engineer
approving the water main extension and certifying that any necessary improvements
have been completed.
This condition is met. Please refer to the letter from Evergreen Water District approving
the water main extension.
7. The road within the subdivision shall be named and signed in accordance with the
policies of the Kalispell Public Works Department and the Uniform Traffic Control
Devices Manual and be subject to review and approval of the Kalispell Fire Department.
This condition is met. The roads were named as part of previous phases.
8. The developer shall provide a letter from the U.S. Postal Service approving the plan for
mail service.
This condition is met. Please refer to the attached email from the USPS approving the
mailbox site for Phase 21 which was designed to accommodate Phase 19.
9. Street lighting shall be located within the subdivision and shall be shielded so that it does
not intrude unnecessarily onto adjoining properties.
This condition is met. Street lighting has been installed.
10. That the parkland dedication requirements shall be met by recognizing the existing park
and parking improvements as well as open space within the development.
This condition is met. The applicants dedicated 6.167 acres of parkland with the
previous final plat of Phase 22A.
11. All utilities shall be installed underground.
This condition is met. Utilities are installed underground and were completed with Phase
19.
12. That the fire access and suppression system comply with the Uniform Fire code and a
letter from the Kalispell fire Department approving the access and number and
placement of fire hydrants within the subdivision as well as fire flows and access shall be
submitted with the final plat. The fire access and suppression system shall be installed
and approved by the fire department prior to final plat approval.
This condition is met. For Phase 19, the applicant installed hydrants that meet fire flow
and constructed City streets that have been accepted by the City Public Works
Department. In addition an emergency egress was constructed tying Palmer Drive with
East Nicklaus Avenue. The Fire Chief has inspected the emergency egress and provided
the attached letter.
13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
This condition is met. All of the required improvements have been completed and the
applicant included with this application a check for the Parks and Recreation Department
in the amount of $17,321.85 as directed in a letter from Fred Bicha, Parks Superintendent.
No Subdivision Improvement Agreement is proposed with this phase.
14. All areas disturbed during development of the subdivision for this shall be re -vegetated
with a weed -free mix immediately after development.
This condition is met.
15. That the boundaries of the 100-year floodplain be established and delineated on the final
plat.
This condition is met. There are no floodplains associated with Phase 19 as it has no
frontage on the Whitefish River.
16. That preliminary approval shall be valid for a period of three years from the date of
approval with a three year extension as the final plat for each phase is filed.
This condition is met. This subdivision plat is submitted before the expiration date.
17. Street tree planting shall be coordinated in agreement and payment of trees to the City
of Kalispell Parks Department.
This condition is met. See attached email from the City of Kalispell Parks Department
regarding street tree compliance.
Thank you for your kind consideration of this application. If you should have any further
questions or concerns, please do not hesitate to call.
3
Sincerely,
Eric H. Mulcahy, AICP
Sands Surveying, Inc.
Attach: Final Plat Application
Application Fee - $5050.00
Cover Letter (1/31/18)
(3) Letters — Carver Engineering Certify Construction (12/12/18)
MDEQ Approval EQ #18-2073 (7/11/18)
MDEQ Approval EQ 18-2081 (7/11/18)
MDEQ Deviation Approval #DEQ2-1271 (11/28/18)
Kalispell PW Approval (6/28/18)
Kalispell PW Approval Deviation Request (11/27/18)
Flathead County Water and Sewer Dist #1 — Evergreen Approval (713/18)
USPS (10/4/17)
Easement Agreement (Recording # 201900002348)
Kalispell Fire Department Letter — Hydrants (3/1/19)
Kalispell Fire Department Letter — Access (3/1/19)
Kalispell Fire Department Letter — Emergency Egress (11/18/19)
Email - Kalispell Parks and Recreation (2/21/19)
CC&R's Glacier Village Greens Phase 19 (Signed not yet dated)
WESTCORE Subdivision Guarantee (11/21/19)
Tax Cert (12/3119)
WESTCOR
0 TITLE IN,. _ :DANCE COMPANY
GUARANTEE NO, NIA
WESTCOR LAND TITLE INSURANCE COMPANY
SUBDIVISION GUARANTEE
(WITH MONTANA MODIFICATIONS)
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED
HERETO AND MADE A PART OF THIS GUARANTEE, WESTCOR LAND TITLE INSURANCE COMPANY, a
South Carolina corporation, herein called the Company,
GUARANTEES
the Assured named in Schedule of this Guarantee
against loss or damage not exceeding the Amount of Liability stated in Schedule A, sustained by the Assured by reason of
any incorrectness in the Assurances set forth in Schedule A.
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this guarantee to be signed
and sealed as of the Date of Guarantee shown in Schedule A.
ISSUED BY:
Flathead Premier Title Company, LLC WESTCOR LAND TITLE INSURANCE COMPANY
211 South Main Street
Kalispell, MT 59901
Bv: Awwj O'Au,�W
Attest: --
r�JI llll411�y -
NOTE: This Guarantee is of no force and effect unless Schedule A is signed and attacf>lisd44&*er with any added
pages incorporated by reference.
SG-3 MT CLTA No. 14 (06-05-I4)
Subdivision Guarantee w-MT Mud
(WLTIC Edition 02/07/18)
EXCLUSIONS FROM COVERAGE
Except as expressly provided by the assurances in Schedule A, 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.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered.
assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured.
(c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records.
(d) The identity of any party shown or referred to in any of the schedules of this Guarantee.
(e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee.
(l) (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.
(g) (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.
GUARANTEE CONDITIONS
I. Definition of Terms. notify the Company shall in no case prejudice the rights of the Assured
under this Guarantee unless the Company shall be prejudiced by the
The following terms when used in the Guarantee mean: failure and then only to the extent of the prejudice.
(a) the "Assured": the party or parties named as the Assured in Schedule 3. No Duty to Defend or Prosecute.
A, or on a supplemental writing executed by the Company,
(b) "Land": the Land described or referred to in Schedule A, 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, 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": those records established under California 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 of Guarantee": the Date of Guarantee set forth in Schedule A.
M "Amount of Liability": the Amount of Liability as stated in Schedule A.
2. Notice of Claim to be Given byAssured.
The Assured shall notify the Company promptly in writing in case
knowledge shall come to the Assured of any assertion of facts, or claim of
title or interest that is contrary to the assurances set forth in Schedule A
Schedule A and that might cause loss or damage for which the Company
may be liable under this Guarantee. If prompt notice shall not be given to
the Company, therm 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
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 ProsecLite Actions; Duty of
Assured 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 option and cost, to institute
and prosecute any action or proceeding, interpose a defense, as limited in
Paragraph 4 (b), or to do any other act which in its opinion may be
necessary or desirable to establish the correctness of the assurances set
forth in Schedule A 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 the Assured to object for reasonable cause) to
represent the Assured and shall not be liable for and will not pay the fees
of any other counsel, nor will the Company pay any fees, costs or
expenses incurred by an Assured in the defense of those causes of action
which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a
defense as permitted by the provisions of this Guarantee, the Company
may pursue any litigation to final
determination by a court of competent jurisdiction and expressly reserves against under this Guarantee. In addition, the Company will pay any costs,
the right, to appeal from an adverse judgment or order. attorneys' fees, and expenses incurred by the Assured that were authorized
by the Company up to the time of payment or tender of payment and that
(d) In all cases where this Guarantee permits the Company to prosecute or
provide for the defense of any action or proceeding, the 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 the Assured for this purpose.
Whenever requested by the Company, the 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 lawfad act which in the opinion of the Company
may be necessary or desirable to establish the correctness of the
assurances set forth in Schedule A or to prevent or reduce loss or damage
to 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,
5. Proof of Loss or Damage.
(a) In the event the Company is unable to determine the amount of loss or
damage, the Company may, at its option, require as a condition of
payment that the Assured furnish a signed proof of loss. The proof of loss
must describe the defect, lien, encumbrance, or other matter that
constitutes the basis of loss or damage and shall state, to the extent
possible, the basis of calculating the amount of the loss or damage.
(b) 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 paragraph 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 tinder this Guarantee, the Company shall have the
following additional options:
(a) To pay or tender payment of the Amount of Liability together with any
costs, attorneys' fees, and expenses incurred by the Assured that were
authorized by (he Company up to the time ofpayment or tender of
payment and that the Company is obligated to pay.
(b) To pay or otherwise settle with the Assured any claim assured
that the Company is obligated to pay; or
(c) To pay or otherwise settle with other parties for the loss or damage
provided for under this Guarantee, together with any costs, attorneys' fees,
and expenses incurred by the Assured that were authorized by the
Company up to the time of payment and that the Company is obligated to
pay -
Upon the exercise by the Company of either of the options provided for in
6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured
tinder this Guarantee for the claimed loss or damage, other than the
payments required to be made, shall terminate, including any duty to
continue any and all litigation initiated by the Company pursuant to
Paragraph 4.
7. Limitation of Liability.
(a) 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
Schedule A and only to the extent herein described, and subject to the
Exclusions From Coverage of this Guarantee.
(b) if the Company, or the Assured under the direction of the Company at
the Company's expense, 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 [lie 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.
(c) 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.
(d) The Company shall not be liable for loss or damage to the Assured for
liability voluntarily assumed by the Assured in settling any claim or suit
without the prior written consent of the Company.
8. Reduction of Liability orTermmation 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 under this Guarantee pro tanto.
9. 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, the loss or damage shall be
payable within thirty (30) days thereafter.
10. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this
Guarantee, all right of subrogation shall vest in the Company unaffected
by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the Assured would have had against any person or
property in respect to the claim had this Guarantee not been issued. If
requested by the Company, the Assured shall transfer to the Company all
rights and remedies against any person or property necessary in order to
perfect this right of subrogation. The Assured shall permit the Company
to sue, compromise or settle in the name of the Assured and to use the
name of the Assured in any transaction or litigation involving these rights
or remedies.
If a payment on account of a claim does not fully cover the loss of the
Assured the Company shall be subrogated to all rights and remedies of the
Assured after the Assured shall have recovered its principal, interest, and
costs of collection.
11. Intentionally Omitted.
12. 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.
13. Severability.
In the event any provision of this Guarantee, in whole or in part, is held
invalid or unenforceable under applicable law, the Guarantee shall be
deemed not to include that provision or such part held to be invalid, but
all other provisions shall remain in full force and effect.
14. Choice of Law; Forum.
(a) Choice of Law: The Assured acknowledges the Company has
underwritten the risks covered by this Guarantee and determined the
premium charged therefor in reliance upon the law affecting interests in
real property and applicable to the interpretation, rights, remedies, or
enforcement of Guaranties of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction
where the Land is located to determine the validity of claims that are
adverse to the Assured and to interpret and enforce the terms of this
Guarantee. In neither case shall the court or arbitrator apply its conflicts of
law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the
Assured against the Company must be filed only in a state or federal court
within the United States of America or its territories having appropriate
jurisdiction.
15. 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: 875 Concourse
Parkway South, Suite 200 Maitland, FL 32751. Telephone (866)
629-5842.
CLTA FORM NO.14 (06-05-14)
SUBDIVISION GUARANTEE
(WITH MONTANA MODIFICATIONS)
SCHEDULE A
State: Montana County: Flathead Agent No.: MT1010
Guarantee No. NIA Amount of Liability: 1000.00
Date of Guarantee: November 21, 2019 Fee: $125.00
1. Name of Assured:
Sands Sureying, Inc.
2. Subdivision Map Reference:
Glacier Village Greens, Phase XIX
3. The map referred to above recites that it is a subdivision of the following described Land:
SEE EXHIBIT A ATTACHED
4. ASSURANCES:
1. Taxes or assessments which are not shown as existing Iiens by the records of any taxing authority that levies taxes
or assessments on real property or by the public records. Proceedings by a public agency, which may result in taxes
or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by public
records.
2. Any facts, rights, interest or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary Iines, shortage in area, encroachments, or any other facts which a correct
survey would disclose, and which are not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and
not shown by the Public Records
6. Any service, installation or connection charge for any and all utilities, including, but not limited to sewer, gas, water
or electricity.
7. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the Clerk and
Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the
County of Flathead to use and occupy those certain roads and trails.
S. No liability is assumed for errors, omissions or changes of assessed valuations or amount of taxes assessed by any
state, county, city or federal taxing or assessing authority.
9. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authoring the issuance thereof;
(c) water rights, claims or title to water; ditch rights; (d) any right, title or interest in any sand and gravel and/or
minerals including access to and from to extract minerals, mineral rights, or related matters, including but not
limited to oil, gas, coal and other hydrocarbons; whether or not the matters excepted under (a), (b), (c) or (d) are
shown by the public records.
SG-3S NIT CLTA No. 14 (06-05-14)
Subdivision Guarantee Schedule A w-MT Mod
(WLTIC Edition 0107/18)
10. For informational purposes only, do not rely upon for a tax payment. Flathead County records indicate the taxes
for the year 2019 are:
FIRST HALF:
$1,719.14 NOT PAID
SECOND HALF:
$1,719.11 NOT PAID
TOTAL:
$3,438.25
Assessor No.:
75-0006277
Tax Roll No.:
48436
t 1. Delinquent water and sewer charges of the City of Kalispell, if any
3491, in Book 54, page 635, records of Flathead County, Montana.
Agreement conveying said waterworks system, recorded March 6, 1915 as Document No. 697, in Book 112, page
332, records of Flathead County, Montana.
13. Notice of Appropriation of Water Right, recorded August 24, 1936 as Document No. 2621, in Book 221, page 297,
records of Flathead County, Montana.
14. Easement for transmission line and related purposes granted to Northwestern Telephone Systems, Inc., by
instrument recorded November 8, 1985 as Document No. 8531211540, records of Flathead County, Montana.
15. Certificate of Inclusion of Additional Territory into Flathead County Water District #1 - Evergreen, and rules and
regulations adopted thereby, recorded March 26, 1986 as Document No. 8608513410, records of Flathead County,
Montana.
16. Village County Sewer District Levy of Assessment filed September 2, 1988 as Document No- 8824609380, records of
Flathead County, Montana.
17. Terms and provisions contained in the Articles of Incorporation of Glacier Village Greens, Subdivision Phase I
Homeowners Association, Inc., and By -Laws of Glacier Village Greens Subdivision Phase I, Homeowners
Association, Inc., recorded November 17, 1988 as Document No. 8832213420, records of Flathead County,
Montana.
18. Terms and provisions contained in Agreement regarding the development of Glacier Village Greens, recorded
October 5, 1989 as Document No. 8927811250, records of Flathead County, Montana.
19, Terms and provisions contained in [nterlocal Agreement regarding Flathead County 'Water & Sewer District No. 1
- Evergreen, recorded October 25, 1990 as Document No. 9029809200, records of Flathead County, Montana.
20. Terms and provisions contained in Interlocal Agreement regarding Sanitary Sewer for Evergreen Water and Sewer
District, filed November 27, 1991 as Document No. 9133111370, records of FIathead County, Montana.
21. Easement for transmission line and related purposes granted to Pacificorp, a corporation, dba Pacific Power &
Light Company, a corporation, recorded March 23, 1992 as Document No. 9208315180, records of Flathead
County, Montana.
22. Easement for transmission line and related purposes granted to The Montana Power Company, recorded October
20, 2000 as Document No. 200029409030, records of Flathead County, Montana.
23. Terms and provisions contained in Resolution No. 4590, regarding annexation to the City of Kalispell, Montana,
recorded November 2, 2001 as Document No. 200130609070, records of Flathead County, Montana.
24. Easement for transmission Iine and related purposes granted Flathead Power Company, by instrument recorded
February 28, 2002 as Document No. 200205910050, records of Flathead County, Montana.
SG-3S MT CLTA No. 14 (06-05-14)
Subdivision Guarantee Schedule A w-MT Mod
(WLTIC Edition 02/07118)
25. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by
reason thereof, disclosed by Certificate of Survey No. 4764, Correction 4764 and 15027, but deleting any covenant,
conditions or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC
3604(c).
26. Terms and provisions contained in Resolution No. 4761, regarding annexation to the City of Kalispell, Montana,
recorded December 31, 2002 as Document No. 200236511500, records of Flathead County, Montana.
27.
Document No. 200330914350, records of Flathead County, Montana.
28. A 20 foot easement for the installation, operation, maintenance and repair of a public water pipeline granted in
instrument recorded April 29, 2004 as Document No. 200412014340, records of Flathead County, Montana.
29. A permanent irrigation and access easement and right-of-way for ingress, egress, irrigation and utility purposes,
granted in instrument recorded December 8, 2004 as Document No. 200434311540, records of Flathead County,
Montana.
30. Terms and provisions contained in Easement Agreemnet between Owl Corporation and Flathead Village Greens
L.L.C., formerly known as Go Development LLC, recorded February 7, 2019 as Document No. 201900002348,
records of Flathead County, Montana.
According to the Public Records the only parties having any record title interest in the Land included within the exterior boundary shown
on the map of the above referenced subdivision whose signatures are necessary, under the requirements of the Subdivision Map Act, on
the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements
offered for dedication by said map are:
Go Development, L.L.C., a Montana Limited Liability Company
Issued By: Flathead Premier Title Company, LLC
Countersigned:
By:
Authorized Signatory
SG-3S MT CLTA No. 14 (06-05-14)
Subdivision Guarantee Schedule A w-MT Mod
(WLTIC Edition 02/07/18)
CLTA FORM NO. 14 (06-05-14)
SUBDIVISION GUARANTEE
(WITH MONTANA MODIFICATIONS)
Exhibit 'A'
A tract of land, situated, lying and being in the Southeast Quarter of the Northwest Quarter and in the Southwest Quarter of the Northeast
Quarter of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as
follows to wit:
Beginning at the northeast corner of Lot 4 of the Plat of Glacier Village Greens, Ph. XVII (records of FIathead County, Montana), which
is a found iron pin; thence N 1721'24"W 14.00 feet to a set iron pin; thence N72°38'26"E 30.00 feet to a set iron pin; thence
N12050'00"E 23.39 feet to a set iron pin; thence N74a50'00"E 76,09 feet to a set iron pin; thence S89°00'00"E 120.69 feet to a set iron
pin; thence N80°20'00" E 45.95 feet to a set iron pin; thence S67°00'00"E 20.99 feet to a set iron pin; thence S06°30'00"E 47.62 feet to a
set iron pin; thence EAST 9029 feet to a set iron pin; thence N46°40'00"E 16.61 feet to a set iron pin; thence NO3°20'00"E 245.23 feet
to a set iron pin; thence S86°40'00"E 98.06 feet to a found iron pin on the westerly R/W of a 60 foot city street known as Palmer Drive;
thence leaving said RAW N74'01'03"E 60.00 feet to a found iron pin on the easterly R/W of Palmer Drive, which is on a 130.00 foot
radius carve, concave southwesterly (radial bearing S74°01'30"W ); thence Northwesterly along said curve and along said R/W through a
central angle of 03'06'14" an arc length of 7.04 feet to the centerline of a 20 foot emergency egress, utility and cart path/pedestrian
easement; thence leaving said R/W and along said centerline N70°55' 16"E 102.00 feet to a found iron pin; thence leaving said centerline
S05023'52"E 115,45 feet to set iron pin; thence S03°20'00"W 172.00 feet to a set iron pin; thence S l I'I5'39"W 64.69 feet to a set iron
pin; thence S21°49'55"W 64.45 feet to a set iron pin; thence S34°09'51"W 64.45 feet to a set iron pin; thence S46°29'48"W 64.45 feet to
a set iron pin; thence S58049'44"W 64,45 feet to a set iron pin; thence S71°09'41 "W 64.45 feet to a set iron pin; thence S79'35'45"W
51,54 feet to a set iron pin; thence WEST 219.27 feet to a set iron pin; thence S87°09'48"W 79.30 feet to a found iron pin; thence
N19033'14"W 102.00 feet to a found iron pin on the southerly R(W of said Palmer Drive; thence leaving said R/W N11°08'57"W 60.48
feet to a found iron pin on the northerly R/W of said Palmer Drive; thence leaving said R/W N17°21'24"W 102.00 feet to the point of
beginning.
Note: This Record Title Report is of no force and effect unless Schedule A is attached together with any added pages
incorporated by reference.
TR-1S / Record Title Report - SCHEDULES (WLTIC Edition 12129/08)
Return to: Mark Owens
500 Palmer Drive
Kalispell, MT 59901
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
GLACIER VILLAGE GREENS SUBDIVISION, PHASE XIX
AND
GLACIER VILLAGE GREENS HOMEOWNERS ASSOCIATION, INC.
This declaration is made as of this ��+ day of ipw - Q / 6�
by the undersigned, being the Owners of the real property
encompassed by the plat of Glacier Village Greens Subdivision,
Phase XIX.
WITNESSETH:
WHEREAS, Owl Corporation, is the developer of the tract of real
property known as Glacier Village Greens Subdivision, Phase XTX
and
WHEREAS, Developer is desirous of subjecting said real property
to the covenants, conditions and restrictions hereinafter set
forth, each of which is and are for the benefit of said property
and for each owner thereof, and which shall insure to the benefit
of and pass with said property, and each and every parcel thereof,
and shall apply to and bind the successors in interest and any
owner thereof;
NOW, THEREFORE, Developer hereby declares that the real property
described in Article I is and shall be held, transferred, sold
and conveyed subject to the covenants, conditions and restrictions
hereinafter set forth:
ARTICLE I - PROPERTY SUBJECTED TO THIS DECLARATION
AND DEFINITIONS
PROPERTY: The real property which is and shall be held,
transferred, sold, and conveyed subject to the covenants,
conditions and restrictions hereinafter set forth is more
particularly described as follows:
Glacier Village Greens, Phase XIX, according to the plat
or map thereof which is or shall be on file and of
record in the Office of the County Clerk and Recorder,
Flathead County, Montana.
DEFINITIONS:
"Association" shall mean the Glacier Village Greens
Homeowners Association, Inc., its successors and
assigns.
"Lot Owner" shall mean the record owner of a fee simple
title to any lot which is a part of the properties and
shall include contract purchasers.
"Property" shall mean the real property described in
Article I.
"Common Area" shall mean all real property maintained
by the Association for the common use and enjoyment of
others, including but not limited to parks, conservation
areas, roadways, and other areas.
"Lot" shall mean any plot of land shown upon any
recorded subdivision plat or map of the property with
the exception of the Common Area.
"Developer" shall mean Glacier Village Greens Inc., or
any entity which succeeds it as primary owner of the
subdivision.
"Townhouse Unit" shall mean a unit subject to individual
ownership in a multi --unit structure.
"Committee" shall mean the Architectural Committee.
K
ARTICLE II - PURPOSE
PURPOSE: The property is subject to the covenants, conditions
and restrictions hereby declared to insure the best use and most
appropriate development and improvement of each building site
thereof; to protect the owners of building sites and to appreciate
the value to their property; to preserve so far as is practicable
the natural beauty of said property; to guard against the erection
thereon of structures built of improper or unsuitable material;
to insure the highest and best development of said property; to
encourage and secure the erection of attractive homes thereon; to
adequately provide for a high quality of improvements of said
property and thereby enhance the values of improvements made by
purchasers of building sites thereof.
ARTICLE III - HOMEOWNER'S ASSOCIATION
ASSOCIATION PURPOSE: The Developer has formed a non-profit
corporation under the name Glacier Village Greens Homeowners
Association, Inc. The Association's purpose is to own, maintain,
insure and repair the roadways and common areas, plus provide such
other services and facilities to the Members as it may determine.
ASSOCIATION MEMBERSHIP: The Association formed by the Developer
shall have as members the owner of each lot. Membership shall be
appurtenant to and shall not be separated from ownership of any
lot. Members shall participate in a manner prescribed by this
Declaration and By -Laws of the Association, and the resolutions
and policies of its Board of Directors. In the event of multiple
owners of a lot, the person whose name first appears on the deed
shall be the member unless the Association is otherwise instructed
in writing by all of the owners of an interest in the lot.
DUTIES OF MEMBERS: Each member shall fully comply with any and
all obligation and liabilities created herein, including, without
limitation, the payment of any and all assessments, levies and
charges made by and payable to the Association.
ASSOCIATION BY-LAWS: The Association shall adopt by-laws which
shall govern the conduct of its activities and the procedures to
be followed therein.
ASSESSMENTS: The Association shall levy assessments against the
lots in order to fund its activities. Annual assessments
established in accordance with a budget approved at a meeting of
the membership shall be levied by written notice mailed in the
regular mail as soon after January 1 of each year as is
practicable. Such assessments shall be a lien against the real
estate until paid as well as being a personal obligation of the
lot owner.
ARTICLE IV - ARCHITECTURAL CONTROL
ARCHITECTURAL APPROVAL: No building, fence, wall or other
structure shall be commenced, erected or maintained upon the
properties, nor shall an exterior addition, change, including a
change in color, or alteration therein be made until the plans
and specifications have been submitted to and a written approval
obtained from the Architectural Committee. Blueprints and site
plans to scale showing the nature, kind, color, design, shape,
size, height, material, site locations, setbacks, grades and other
material attributes of the same, and a statement listing the name
and address of the contractor or builder who will be responsible
to do the work, shall have been submitted. The property owner or
contractor will be required to post a refundable deposit to help
insure proper site maintenance and covenant compliance during
construction. All construction approved by the Committee shall
be completed within one year of the issuance of a building permit.
Approval by the Architectural Committee is required in addition
to, and not instead of, building permit requirements.
ARCHITECTURAL COMMITTEE: An Architectural Committee, consisting
of not less than two (2) members shall be appointed by the
Developer until such time as the entire Glacier Village Greens
Project, consisting of approximately 500 home sites, shall be 1000
completed and constructed upon. From and after such event, the
Architectural Committee shall be composed of the Board of
Directors of the Homeowners' Association or by two (2) or more
representatives appointed by the Board who need not be members of
the Association. However, the Developer may assign the duties
and responsibility of said Committee to the Association in writing
at any time prior thereto.
COMMITTEE PURPOSE: It is the objective of this Committee to
insure that homes and other buildings constructed at Glacier
Village Greens are aesthetically compatible and maintained with
the landscape and the master plan concept. There is a further
2
objective to insure that all construction is of high quality.
ARCHITECTURAL GUIDELINES: Actions of the Architectural Committee
shall be consistent with the following, however, in all cases the
Committee shall have the final authority to make architectural
decisions. The Committee has the authority to issue stop -work
_ orders when construction is not in compliance with approvals or
standards and such order shall be at the expense of the lot owner,
including attorney fees.
CONSTRUCTION: Construction must start within 12 months
from date of purchase. Construction and landscaping must
be completed within 12 months from date of building
permit. Any deviation must be agreed to in writing by
both developer and builder. All homes except townhouses
shall be no less than 1000 sq. feet of living area not
including garage. Townhome heights, configuration and
sq. footage will be determined by developer and enforced
by architectural board. They must also be custom built
on -site and meet all uniform codes for building,
electrical, and plumbing. Window coolers are prohibited
unless approved by the committee. Roofs must be non-
metallic and of an earth color. Wood burning stoves and
wood burning fireplaces will not be approved. However,
natural gas and electric fireplaces are acceptable. A
protective netting plan for misguided golf balls, must
be approved before being installed. All netting and
screening material must be dark in color, preferably
black. All houses shall be numbered, with numbers
clearly visible from the roadway.
EXCAVATIONS: All dirt and material removed in
excavating for construction will be required to remain
on the Flathead Village Greens property and deposited
in a designated location, unless otherwise directed by
the developer No excavation material shall be placed
on any other platted lot or the Golf Course at any time
unless approved by the developer.
YARD SETBACKS: The Townhome housing unit will be
located on the lot in accordance with the plan approved
by the Architectural Committee. Minimum setbacks shall
comply with any zoning requirements except: Townhouse
Units will have zero setback on the side that connects
5
to the adjacent unit. The single family lot setbacks
will be 20' in front and rear, 5' on the sides. All set
backs of the single family lot are to the eves.
ENTRY AND DECKS: The front entry and step design must
be approved by the Architectural Committee prior to
installation. Railings and decks must conform to all
building code requirements.
LANDSCAPING: Single Family lots
The full front yard setback area from the curb to the
lot line must be planted in living green landscaping
unless otherwise directed by the committee. The
driveway must be poured in concrete. Sod and underground
sprinkler system on a timer must be used in all lawn
areas including boulevards. Three to five of the
following trees must also be planted in appropriate lawn
areas.
Little -leaf Linden White Ash
Green Ash Marshall Seedless Green Ash
American Linden Redmond Linden
European White Birch European Mountain Ash
In Regards to Town Homes.
The full front yard setback area from the curb to the
outside corners of the Town Home combination, except
for the middle landscape beds, must be planted in living
green landscape. The rear yard area from the outside
corners of the Town Home combination to the rear lot
line except for under decks must be planted in laving
green landscape. Sod and underground sprinkler systems
must be used in all lawn areas. Side yards may use
alternate material such as mulch, rock, shrubs, flowers
etc. if approved.
All landscape plans are subject to review by the
architectural committee. Developer retains the right to
allow deviation from landscape requirements if needed.
Any deviation must be approved by the Committee.
Owners will maintain lawns, flowers, shrubs and
irrigation at all times, including boulevard between
sidewalk and curbs. Attractively designed and well
0
maintained landscaping is a very important part of the
Glacier Village Greens master plan concept.
STORAGE: Outside storage cabinets are discouraged,
but may be permitted upon approval of the
Architectural Committee.
ARTICLE V - USAGE RESTRICTIONS
RESIDENTIAL USE ONLY: Except as otherwise provided herein, none
of the lots shall be used except for residential purposes. No
lot shall have more than one living unit hereon. No lot may be
sold, rented or leased on a "time share" or equivalent basis. No
lot shall ever be used or caused, allowed or authorized in any
way, directly or indirectly, to be used for any commercial
business, manufacturing, industrial, mercantile, storing,
vending, or other such purposes, provided, however, that Developer
may use one or more lots for a model site or sites, and a display
and sales office, and all other activities that may be needed to
support golf course and or development activities.
INSURANCE: Each Townhouse Unit owner shall carry adequate fire
and property damage insurance to provide for the full replacement
cost of reconstruction of their Townhouse Unit, plus a minimum of
$500,000 comprehensive personal liability insurance. Each
Townhouse Unit owner shall supply a current certificate of
insurance to the adjacent Townhouse Unit owner and the Homeowners"
Association and shall continue to supply a current certificate at
all times.
SIGNS: Except for the business activities or advertising of the
Developer and/or their agent(s), no signs, billboards or
advertising devices of any nature are allowed. This restriction
does not in any way preclude lot owners from listing their property
with any Real Estate Agent.
NOXIOUS OR OFFENSIVE ACTIVITIES: No noxious or offensive activity
shall be carried on upon any lot, nor shall anything be done
thereon which may be, or may become, an annoyance or nuisance to
the neighborhood, or which shall in any way interfere with the
quiet enjoyment of each of the owners, of his respective living
unit or which shall in any way increase the rate of insurance.
RESTRICTED RESIDENCES: No structure of a temporary character,
7
trailer, basement, tent, shack, garage, barn or other outbuilding
shall be used on any lot at any time as a residence, either
temporarily or permanently.
RECREATIONAL VEHICLES AND EQUIPMENT: No recreational vehicle,
trailer, camper, boat, or similar equipment shall be permitted to
remain upon any lot. Golf carts shall be stored only at a place
designated for such purpose from time to time. Golf carts or
other powered carts shall not be operated upon walkways intended
only as pedestrian walkways.
DRILLING AND MINING: No oil drilling, oil development operations,
oil refining, quarrying or mining operations of any kind, shall
be permitted upon or in any lot, nor shall oil well, tanks, tunnels
or mineral excavation or shafts be permitted upon the surface of
the properties. No derrick or other structure designed for use
in boring for water, oil, or natural gas shall be erected,
maintained or permitted upon the properties.
HOME MAINTENANCE: The exterior of the home and the yard must be
kept clean and in good, safe, neat appearing condition. Any change
of outside colors must be approved by Architectural Review
Committee. All electrical, water, sewer, and gas connections must
be kept in a good, safe and leak -proof condition at all times,
and in compliance with all state and municipal laws. Report any
park facility out of order to the Association. Any proposed
additions to the home or yard (screen rooms, netting, greenhouses,
planters, pools, hot tubs, cabanas, porches, lattices, arbors,
trellises or gazebos) must be submitted to the Architectural
Committee for approval, and once approved, submitted to the proper
building department for permit. If a lot owner fails to provide
proper maintenance, the Association or Developer may, upon 30 day
advance written notice, have the work performed and recover the
cost thereof from the Lot Owner.
VACANT LOT MAINTENANCE: All owners of vacant lots shall be
responsible for mowing, weeds and general appearance of said lot.
NEATNESS: No towels, wearing apparel, or laundry of any
description may be hung outside the home at any time.
Unsightly vehicles shall not be permitted to park on any open
parking space. No repairing or any servicing whatsoever of cars
will be permitted in driveways, garage, open parking space or
8
streets. Any car dripping gasoline or oil must be fixed in three
days to avoid damage to the paving. No permanent parking of
travel trailers, detached campers, boats, motor homes, or pickups
with camper tops exceeding the height and width of the pickup is
allowed in driveways or open parking spaces.
Storage in yard areas is not allowed. No appliances are allowed
outside the home. Patio furniture and barbecue equipment are the
only items permitted outside the homes except such other items as
may be authorized by the Association. No antennas, towers, poles
or any structure to be used for the purpose of receiving radio,
television or related signals shall be installed, affixed,
mounted, or constructed on any lot so as to be visible to the
public view except as authorized by the Architectural Committee.
Satellite dishes cannot be mounted to the deck.
PETS: Pets may not exceed two in number and are to be accepted
at the sole discretion and judgment of the Association and must
be leashed at all times. Pets must be kept on the owner's lot and
never allowed on the streets, in the utility buildings, recreation
hall or grounds without a leash. Pets shall not be walked in any
part of any park or recreation area, except in a designated area.
Pet owners will be expected to clean up after their pets even in
designated walking areas. Cat, bird or dog litter shall not be
disposed of in the sewage system. Noisy or unruly pets or those
that cause complaints will not be allowed to remain. Please
inform visitors not to bring pets.
VEHICLES: No parking on streets or vacant lots. Parking is also
specifically prohibited in cul-de-sacs.
GARBAGE: Only containers as approved by the Association may be
used for trash and garbage. Owners must place the containers on
curb for designated pickup service. All containers must be stored
inside out of sight. Each lot owner and resident shall be
responsible for contracting disposal of solid waste to the
Flathead County Landfill or other approved site.
FENCES: No fences shall be constructed in Phase 19 except in
areas that will be determined by the developer.
CONCRETE IMPROVEMENTS: Any permanent concrete improvements
installed by the owner may be subject to removal at owner's expense
for maintenance and repair of underground utilities.
a1
DRAINAGE AND LOT IMPROVEMENTS: The owner shall grade his lot and
landscaping in a manner to divert surface waters away from his
home and his neighbor's home to the side yards for runoff to the
street. Water must not be permitted to drain under anyone's home.
Soil type should be taken into consideration at the time of
construction and any necessary measures taken to minimize the
impact of water drainage.
SHRUBS AND TREES: Any shrubs and trees planted by owners must be
approved by the Committee and will remain if lot is sold.
ARTICLE VI - AGRICULTURAL COVENANTS AND RESTRICTIONS
AGRICULTURAL ACTIVITIES: Lot owners are advised that agricultural
activities are conducted in the immediate vicinity which may
produce odors, noise, dust, and involve the utilization of
herbicides and pesticides, which can have an effect on this
property. Adjacent land owners will not be liable for odors,
noise, herbicide and pesticide sprays that are necessary in good
agricultural operations, providing such sprays are applied in
compliance with approved standards by licensed applicators.
Adjacent land owners will not be liable for adverse ground water
conditions caused by agricultural practices, including normal
irrigation.
GOVERNMENTAL INSPECTIONS: Any authorized representative of any
governmental agency shall have the right at any reasonable time
to inspect the grounds and gardens of any lots for disease -
harboring plants, shrubs or trees, and if found to require
disposal of same by the owner.
ARTICLE VII - GENERAL
COMPLIANCE WITH LAWS: The Lot Owner shall, at the Lot Owner's
sole cost and expense, comply with all present and future laws,
rules, requirements, orders, direction, ordinances, and
regulation of the United States of America, or of any state,
governmental or lawful authority whatsoever, whether such
requirements may relate to: a) structural or other alterations,
changes, additions, or improvements relating to the premises or
any buildings or improvements thereon; b) repairs, inside or
outside, extraordinary or ordinary, relating to the premises or
10
any building or improvements thereon; c) the manner in which the
premises and any buildings or improvements thereon may be used or
occupied; d) zoning; e) any other matter affecting the premises,
whether like or unlike the foregoing.
TERM: The covenants and restriction of this Declaration shall
run with and bind the property for a term of twenty (20) years
from the date this Declaration is recorded, after which time they
shall be automatically extended for successive ten (10) year
periods. This Declaration may be amended at any time by an
instrument signed by the owners of not less than eighty-five
percent (850) of the lot owners and approved by the Board of
Commissioners, Flathead County, Montana.
ENFORCEMENT: The Association, the Architectural Committee, any
owner or group of owners or any combination thereof shall have
the right to enforce by any proceeding at law or in equity, all
covenants conditions and restrictions now or hereafter imposed by
the provisions of this
Declaration. Failure by the Association, Architectural Committee
or any owner to enforce any covenant or restriction herein
contained shall in no event be a waiver of the right to do so
thereafter. Attorney fees and costs shall be awarded to the
prevailing party in any action to enforce these covenants.
SEVERABILITY: Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect
any of the remaining provisions, which shall remain in full force
and effect.
11
Owl Corporation
Secretary,Treasurer,Director
Flathead Village Greens L.L.C.
ti 0.t1k-o
Managing Partner
STATE OF MONTANA
County of Flathead
On this Z I �-'F day of / Vo 1gm�rr , before me the
undersigned, a notary for the State of Montana, personally
appeared Mark G. Owens known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my Notary Seal, the day and year in this certificate last above
written.
D;4111"4
7sa
MAUPiN U6tlCfartheNotary Publi for the State of
* Montana Montana
lispell, Montana=ession Expires
p� Mp16, 2021
12
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY- SANDS
FOR: GO DEVELOPMENT DATE : 11/27/19
DESCP : GLACIER VILLAGE GREENS PH PURPOSE: SUB
XIX jr. 1 in 32-29-21)
YEARS ASSESSOR #
2015 THRU 2019 0006277 & 0977135
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
(seal)
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Carver
December 12, 2018
Emily Gillespie, P.E.
MDEQ Regional Office
655 Timberwolf Pkwy - Suite #3
Kalispell, MT 59901
Re: Glacier Village Greens, Phase 19
E.Q. #18-2073 — Record Drawings
Dear Emily:
Engineering
Consulting Civil Engineers
Infrastructure improvements for Glacier Village Greens, Phase 19 have been
completed and we are now submitting a set of Record Drawings for the project.
Based on our observations of construction and testing, it is our opinion that work on
all facets of the project, with the exception of one section of sewer main, was
constructed in accordance with approved plans and specifications.
We thought this phase went very well until we shot elevations for the Record (As
Built) Drawings and found the grade on 339 L.F. of 8° sewer main between existing
Manhole #63 and new Manhole #19-1 was 0.29% instead of 0.43% as specified on
the approved plans. This grade was also less that the minimum grade of 0.40% as
required in DEQ-2. Subsequently, a Deviation Request for the 0.29% sewer grade,
and a Manning "n" value of 0.011, was prepared and presented to the City. The
Deviation was approved by the City. A similar Deviation Request was then prepared
and presented to DEQ and it was also approved. Copies of the approved Deviation
Requests accompany this Record Drawing submittal.
Please call or e-mail me if you have any questions.
Sincerely,
TAT, Inc. d a Carver Engineering rhoN T, N
THOMAS H. 7
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Tom Cowan, P.E. 10323 P.E.
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December 12, 2018
Keith Haskins, P.E.
City of Kalispell PWD
P.O. Box 1997
Kalispell, MT 59903-1997
Re: Glacier Village Greens, Phase 19 — Record Drawings
Dear Keith:
Infrastructure improvements for Glacier Village Greens, Phase 19 have been
completed and we are now submitting a set of Record Drawings for the project. An
electronic version of the Record Drawings is included on a thumb drive
accompanying this letter.
Based on our observations of construction and testing, it is our opinion that work on
all facets of the project, with the exception of one section of sewer main, was
constructed in accordance with approved plans and specifications.
During the process of obtaining `as built' elevations for the Record Drawings, it was
discovered the grade of 339 L.F. of 8" sewer main between existing Manhole #63
and new Manhole #19-1 was 0.29% instead of 0.43% as specified on the approved
plans. This grade was also less that the minimum grade of 0.40% as required in
DEQ-2 and the City's Standards for Design and Construction. Subsequently, a
Deviation Request for the 0.29% sewer grade, and a Manning "n" value of 0.011,
was prepared and presented to the City. The Deviation was approved. A similar
Deviation Request was prepared and presented to DEQ and it was also approved.
Copies of the approved Deviation Requests accompany this Record Drawing
submittal. Mark Owens will deliver a Warranty/Maintenance Bond.
Please call or e-mail me if you have any questions.
Sincerely, i-AT
TAT, Inc. ba C er Engineering
TH{aMAS M. Z_
COWAN 0
1032 P.E. 4,,
Tom Cowan, P.E.
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December 12, 2018
Cindy Murray — Manager
Evergreen Water & Sewer Dist,
130 Nicholson Drive
Kalispell, MT 59901
Engineering
Consulting Civil Engineers
Re: Glacier Village Greens, Phase 19 — Record Drawings
Dear Cindy:
Infrastructure improvements for Glacier Village Greens, Phase 19 have been
completed and we are now submitting a set of Record Drawings for the project.
Based on frequent observations of construction and testing, it is our opinion that
work on all aspects of the water system improvements was constructed in
accordance with approved plans and specifications.
Please call or e-mail me if you have any questions.
Sincerely,
TAT, Inc. ba Carver Engineering
Tom Cowan, P.E.
THOMAS U.
COWAN c�
:�lt 10323 P.E. 4U
�0FESS�C�
Tom Cowan, PE
Carver Engineering
1995 3' Ave E
Kalispell, MT 59901
RE: GIacier Village Greens, Ph 19 — Engineering Approval
Dear Mr. Cowan,
The updated construction drawings and other included submittals received on 6nl18 and 6/20/18
for the above referenced project are hereby conditionally approved.
Conditions of Approval:
1. Please provide coordinate data in accordance with Section 2.1.LD and 2.1.4. The updated
plans did provide bearings, distances, and curve data for the centerline alignment, but no
coordinates for the beginning of alignment, changes in direction, and end of alignment as
specified in 2.1.I I.D.I. If that information is provided for the centerline alignment, the
stations and offsets already provided for the structures on the utilities will be adequate.
2. Please correct the k-values for the vertical curves. The k-valuc is L/A where A is the
algebraic difference in slope, expressed in percent. For the curve at Sta 4+35, the k-value
is 100/1.04 = 96.
3. Although the sag vertical curve at Sta 0+20 is shorter than the minimum specified in the
Standards (min 75'), the curve is accepted due to the tie-in to existing asphalt.
4. The deviation requests to Section 7.1.5.F.I.b.ii and Section 7.1.5.F.I.c.vi are hereby
approved. Future submittals for deviation requests shall follow the submittal
requirements of Section 3.3.1 as noted in the previous review comments. As a condition
of the approval of these deviation requests, the requirements for finished floor elevations
shown on the Cover Sheet (T-1) shall be placed on the lots via deed restriction.
5. Provide a final corrected set of drawings incorporating the above conditions in PDF
format, prior to the Preconstruction Meeting for the project.
Two reviews were completed for this project. Public Works review fees of $360 are due at the
front desk of the Building Department prior to construction. Any applicable fees from other
departments are not addressed in this letter.
201 P Avenue East, P. 0. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 — Fax (406) 758-7831
www.kalispelf.com
Approval does not relieve you from designing, nor the contractor from constructing this project
in accordance with the City Standards currently in effect. If more than 18 months lapse before
completion of construction, project documents must be resubmitted and approved before
construction continues. Any modifications to these conditionally approved documents shall be
submitted for review prior to construction.
This approval is for the Public Works Department only and does not necessitate full City
approval. If additional approvals from other city departments are required, they should continue
to be pursued. As mentioned in the first review, there is ongoing discussion concerning the
requirement for emergency access. Any modifications to the plans to accommodate the
emergency access, if necessary, shall be submitted to Public Works for review and approval prior
to construction.
Please contact Mark Crowley at 758-7776 to set up a pre -construction meeting prior to beginning
construction. A Right -of -Way Permit and Stormwater permit must be obtained by the
prime contractor for this project. At project completion, please provide the City with Record
Files as specified in Section 1.6 of the City Design and Construction Standards.
Sincerely,
Keith Has"s,PE
City Engineer
CC: Emily Gillespie, PE — MDEQ
Mark Crowley — Construction Manager, City of Kalispell
Page 2 of 2
November 27, 2018
Tom Cowan, PE
Project Engineer
Carver Engineering
1995 Third Avenue East
Kalispell, MT 59901
Re: Glacier Village Greens Phase 19 — Deviation Request
Dear Mr. Cowan.
The City of Kalispell has reviewed the deviation request stamped and dated I 1-7-2018 for the
above referenced project. The deviation was also discussed with the Utility Management
Superintendent and Sewer Maintenance Supervisor.
There are certain sections of sewer main within the city's sewer collection system which require
greater than normal cleaning efforts due to shallow slopes. A couple of these areas were installed
with oversized pipe to meet slope restrictions, a design that neither MDEQ nor the city currently
allows, but which also further decreases the flow depth in the pipe. Based on their experience,
maintenance staff have determined shallow flow depths can cause as much or more problems in
these areas than the pipe slope due to an increased interaction of solids with the pipe and not
enough depth to continue to carry solids.
The City of Kalispell calculates peak hour flaw by using 0.56 gpm per Equivalent Residential
Unit (ERU) based on the 2008 Sanitary Sewer Facility Plan (a new sewer facility plan is
currently in progress). The overall run in question has 18 buildable lots, equating to a peak hour
flow of 10_ 1 gpm. Alternatively, you could use 265 gpd per ERU with a peaking factor of 3.05
from the facility plan and arrive at the same answer.
Using the calculated peak hour flow of 10.I gpm and a Manning's n-value of 0.009 for PVC, I
calculate a flow depth of 0.85 inches and a velocity of 1.13 fps. At the required design minimum
slope of 0.4%, 1 calculate a flow depth of 0.79 inches and a velocity of 1.26 fps. For this section
of main, these flow rates could be considered a "best case scenario" because most of the day, the
flows will be much lower. Additionally, as you noted, this section of main connects to a
termination manhole, meaning the number of connections to this section of main will never
increase. Therefore, although slightly different, our calculations are in agreement with the ones
you provided, which indicates a negligible difference in flow between design minimum slope
and the constructed slope of the main.
201 P Avenue East, P.O. Box 1997, Kalispell, AIT 59903 —Phone (.l06)758-7720 — Fret (d06)758-7831
www.kalispeff ram
Public Works staff has examined this case and deliberated whether a "correction" to minimum
slope makes flow characteristics and maintenance requirements better or worse. We have come
to the conclusion that the slight modification to slope will not provide a distinguishable
difference in maintenance, and could in fact make matters worse due to the slight decrease in
flow depth.
Additionally, as you have noted, the integrity of the city street would be compromised from
additional saw cuts to pavement. Also, reconnections to the 18 services on the two sections of
main equinng reconstruction-would-likdy-mquir-e—repak-couplin-gs whi-elt am--l-ess-rebttstAh-arr -
the fittings used in the original construction.
Normally, the city would not even consider a deviation for this situation. As such, this should be
considered a very special case. All things considered, the City supports a deviation from the
minimum slope requirement which would allow the 0.29% slope to remain. City staff also
commits to maintaining this section of main.
We do appreciate Carver Engineering surveying the constructed infrastructure, noting the
deficiency, and bringing the deficiency to our attention prior to a request for a deviation to City
Standards.
Sincerely,
Keith Haskins, PE
City Engineer
Joe Schrader
Utility Management Superintendent
Page 2 of 2
DE
Montana Department
of Environmental Quality
July 11, 2018
TOM COWAN, PE
Carver Engineering
1995 Third Ave East
Kalispell, MT 59901
RE: Glacier Village Greens Phase 19
Flathead County
E.Q. #18-2073
Dear Mr. Cowan:
The plans and supplemental information relating to the water supply, sewage, solid waste disposal, and
storm drainage (if any) for the above referenced division of land have been reviewed as required by ARM
Title 17 Chapter 36(101-805) and have been found to be in compliance with those rules.
Two copies of the Certificate of Subdivision Plat Approval are enclosed. The original is to be filed at the
office of the county clerk and recorder. The duplicate is for your personal records.
Development of the approved subdivision may require coverage under the Department's General Permit
for Storm Water Discharges Associated with Construction Activity, if your development has construction -
related disturbance of one or more acre. If so, please contact the Storm Water Program at (406) 444-
3080 for more information or visit the Department's storm water construction website at
http://deg,mt.gov/wginfo/WaterDischaLge/[ndex.asp. Failure to obtain this permit (if required) prior to
development can result in significant penalties.
Your copy is to inform you of the conditions of the approval, Please note that you have specific
responsibilities according to the plat approval statement primarily with regard to informing any new owner
as to any conditions that have been imposed.
If you wish to challenge the conditions of this Certificate of Subdivision Plat Approval, you may request a
hearing before the Board of Environmental Review or the Department, pursuant to Section 76-4-126, MCA
and the Montana Administrative Procedures Act.
If you have any questions, please contact this office.
Sincerely,
e ,
Rachel Cl Supervis
• Subdivision Public Water Review Section
Engineering Bureau
RCIEG
CC" File
County Sanitarian
County Planning Board
Steve Bullock, Governor I Tom Livers, Director 1 655 Timberwolf Parkway Suite 3 1 Kalispell, MT 59901-1215 1 (406) 755-8985 1 www.deq.mt.gov
STATE OF MONTANA
DEPARTMENT OF ENVIRONMENTAL QUALITY
CERTIFICATE OF SUBDIVISION APPROVAL
(Section 76-4-101 et sett ., MCA)
TO: County Clerk and Recorder
Flathead County
Kalispell, Montana
E.Q. #18-2073
THIS IS TO CERTIFY THAT the plans and supplemental information relating to the subdivision
known as Glacier Village Greens Phase 19
A tract of land located in the Section 32, Township 29 North, Range 21 West,
PMM, Flathead County, Montana
consisting of thirty-five (35) lots, of which 34. lots have been reviewed by personnel of the
Permitting and Compliance Division, and,
That the lot designated "Open Space" is excluded from sanitation review by the Department of
Environmental Quality pursuant to ARM 17.36.605(2)(a) for a parcel with no facilities for water
supply, wastewater disposal, storm drainage or solid waste disposal, if no facilities will be
constructed on the parcel, unless the exclusion is used to evade the provisions of that part. A
subsequent change in the use of the land to residential, commercial or industrial use is subject
to the requirements of the chapter, and,
THAT the documents and data required by ARM Title 17 Chapter 36 have been submitted and
found to be in compliance therewith, and,
THAT the approval of the Plat is made with the understanding that the following conditions shall
be met:
THAT Lots 1A 1B 2A 2B 3A 3B 4A 4B 5A 5B 6A 6B 7A. 7138A 8B 9A 96 10A 106
11A 11 B 12A 12B 13A 13B 14A 14B 15A 15B 16A 16B 17A and 17B shall be used for one
(1) townhome dwelling unit each, and,
THAT the water system for each lot will be provided by extension and service connection to the
Evergreen County Water & Sewer District, Public Water Supply System (MT0001744).
Each water service connection shall be installed with corporation stop, service piping from the
Corp to the curb stop, a curb stop and short stub of piping. The water main extensions and
service stubs shall be constructed in accordance with the approved plans and specifications
prepared by Thomas M. Cowan, #10323PE of Carver Engineering of Kalispell, received
7/3/2018 and approved under project EQ#18-2081; and,
THAT the water service meter, meter pit and service piping from the capped end to the home
shall be installed by the future lot owner, in accordance with Evergreen County Water & Sewer
District standards; and,
Page 2 of 3
Glacier Village Greens, Phase 19
Flathead County
E.Q. #18-2073
THAT the sewage collection system for each lot will be provided by extension and service
connection to the City of Kalispell sanitary sewer collection and treatment system. Each lot
will be installed with an individual, gravity sewer service. The gravity sanitary sewer main
extensions and service stubs shall be constructed in accordance with the approved plans and
specifications prepared by Thomas M. Cowan, #10323PE of Carver Engineering of Kalispell,
received 7/3/2018 and approved under project EQ#18-2081; and,
THAT the storm water conveyance and collection system shall be constructed in accordance
with the approved plans and specifications prepared by Thomas M. Cowan, #10323PE of
Carver Engineering of Kalispell, received 7/3/2018. The storm water management components
were reviewed by the City of Kalispell only. DEQ approved a waiver to allow City review rather
than submittal of Circular DEQ-8 storm water review, and,
THAT the storm water conveyance and detention system shall generally consist of crowned
asphalt streets, curb and gutter, storm catch basin inlet structures, storm drain piping, storm
manholes, storm detention swales and storm drainage infiltration ponds, and,
THAT the Glacier Village Greens maintenance personnel and Owl Corporation are responsible to
operate and maintain the storm water structures located within the Common Areas (outside the
public right-of-way). The City of Kalispell is responsible for maintaining the catch basins and
storm drain piping within the public right-of-way, and,
THAT construction of the Evergreen District Public Water Supply water main improvements, the
City of Kalispell Public sanitary sewer wastewater collection system improvements and Storm
Water Improvements shall be completed, within three years of the date of this approval. If more
than three years pass before beginning construction, it shall be necessary to resubmit the plans
and specifications.
THAT once construction is completed upon the water, sanitary sewer or storm drainage system,
the professional engineer shall certify to the Department that the construction, alteration or
extension was completed in accordance with the plans and specifications without deviation from
the plans approved by the Department, and,
THAT within 90 days of the project certification, a complete set of "as -built" drawings bearing
the signature and seal of the professional engineer must be submitted to the Department, and,
THAT all sanitary facilities must be located as shown on the attached lot layout, and,
THAT the developer and/or owner of record shall provide each purchaser of property with a
copy of the Plat, approved location of water supply, sewage treatment system and storm water
conveyance system, as shown on the attached lot layout and a copV of this document and
Page 3 of 3
Glacier Village Greens, Phase 21
Flathead County
E.Q. #17-1419
THAT instruments of transfer for this property shall contain reference to these conditions, and,
THAT departure from any criteria set forth in the approved plans and specifications and Title
17, Chapter 36, Sub -Chapters 1, 3, and 6 ARM when erecting a structure and appurtenant
facilities in said subdivision without Department approval, is grounds for injunction by the
Department of Environmental Quality.
THAT the plans and specifications for any proposed sewage treatment systems will be
reviewed and approved by the county health department and will comply with local regulations
and ARM, Title 17, Chapter 36, Subchapters 3 and 9, before construction is started, and,
YOU ARE REQUESTED to record this certificate by attaching it to the Plat filed in your office as
required by law.
DATED this 11t" day of July 2018
THOMAS LIVERS
DI RECTOR
By: _
Rachel Clarkbtupervisor
6Engineering Bureau
/ Water Quality Division
Department of Environmental Quality
Owner's Name: Mark Owens, Owl Corporation
Montana Department
of Environmental Quality
July 11, 2018
Tom Cowan, PE
Carver Engineering
1995 Third Ave East
Kalispell, MT 59901
RE; Glacier Village Greens Phase 19 Subdivision
Flathead County Water & Sewer District (water), PWSID# MT0001744
City of Kalispell (sewer)
Water & Sewer Main Extensions
EQ# 18-2081
Dear Mr. Cowan:
Thank you for the engineering report and the plans and specifications for water main and gravity sewer
main extensions to serve Glacier Village Greens Phase 19 Subdivision located in Evergreen, which were
received May 3, 2018. The submittal was reviewed in accordance with Department Circular DEQ-1, 2014
Edition and Department Circular DEQ-2 2016 Edition. City of Kalispell approval of the plans and
specifications was provided on June 28, 2018. Flathead County Water & Sewer District approval of the
plans and specifications was provided on July 3, 2018.
The Glacier Village Greens Phase 19 development is undergoing full DEQ subdivision review (Sanitation
Act), referenced by EQ#18-2073.
The plans andspecifications for the water and sewer main extensions to serve Glacier Villa e
Greens Phase 19 received July 3 2018 are hereby approved. One copy of the plans and
specifications bearing the approval stamp of the Department of Environmental Quality will be returned with
the full subdivision approval. A second set will be retained as Department Record,
The Glacier Village Greens Phase 19 Subdivision proposes 34 townhouse lots (17 duplexes). The
estimated peak wastewater flow is 35 gpm. This peak flow rate can be accommodated by the existing
lift station located near Lot 1A (and Hole #12). The estimated peak water demand (domestic and
irrigation) is 53 gpm. Water modeling illustrated that maximum day demand and the required 1000
gpm fire hydrant flow rate can be achieved by the existing water system at the proposed fire hydrant.
The water main extension improvements include: approximately 680 feet of 8-inch diameter water main
(C900 PVC DR18), one fire hydrant assembly and two connections to the existing water main in Palmer
Drive.
The sanitary sewer extension improvements include: approximately 770 feet of 8-inch diameter gravity
sewer main (SDR 35 PVC), three new precast concrete manholes and two connections to existing
manholes in Palmer Drive.
Steve Bullock, Governor I Tom Livers, Director 1 655 Timberwolf Parkway Suite 3 1 Kalispell, MT 59901-1215 1 (406) 755-8985 1 wvvw.deq.mt.gov
Glacier Village Greens Phase 19 Subdivision
Flathead County Water & Sewer District (water), PWSID# MT0001744
City of Kalispell (sewer)
Water & Sewer Main Extensions
EQ# 18-2081
July 11, 2018
Page 2 of 2
Approval is given with the understanding that any deviation from the approved plans and specifications
will be submitted to the Department for reappraisal and approval. The project may not be placed into
service until the project engineer or designer certifies by letter to the Department that the activated
portion of the project was constructed in substantial accordance with the plans and specifications
approved by the Department and there are no deviations from the design standards other than those
previously approved by the department. Within 90 days after the completion of construction, a
complete set of certified "as -built" drawings must be signed and submitted to the department.
It is further understood that construction will be completed within three years of this date. If more than
three years elapse before completing construction, plans and specifications must be resubmitted and
approved before construction begins. This three-year expiration period does not extend any compliance
schedule requirements pursuant to a Department enforcement action against a public water or sewage
system.
Department approval of this project covers only those portions of the plans and specifications that are
subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the
Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items
found within the plans and specifications that are outside of the Department's review authority,
including but not limited to: electrical work, architecture, site grading or water and sewer service
connections.
Thank you for your efforts regarding this submittal. If you have any further questions, please contact meat
(406) 755-8979 or ggillespie(55)mt.gov
Sincerely,
Emily J. G' spie, P.E.
Public Wat r Supply d Subdivisions Bureau
Copies: Mark Owens, Owl Corporation, 500 Palmer Drive, Kalispell, MT 59901
Roberta Struck, Evergreen W&S District
Keith Haskins, City of Kalispell Public Works
Wendee Jacobs, Flathead County Environmental Health
MDEQ Plan Review File
M
NOV Z > 2018
DEV1A p Qa- 1 all
Montana Department of
Environ ntat QLrality
Ruthor' e-S
ed Si nature
mte
PUBLIC IYA TER AND SEIVAGE SYSTEM DEVIATION REQUEST
ATTACHMENT A
DE
Montana DQPartmont QAq%,,.
of Environmental Quali[
FOR a n v B y A P ROf ESSIGNCENGINEER
Sanitation in Subdivision and Public Water Supply Acts
Project Nance: Glacier Villa e Greens Phase 19
DEQ or EQ Number: / - a0 9 3 Engineer Nance: Tom Cowan, P.E. — Carver Engineering
Circular/Rule:
❑ DEQ-I Water Works ❑ DEQ-8 Subdivision Storm Drainage
X DEQ-2 Wastewater Facilities o DEQ-10 Springs for Public Water Systems
❑ DEQ-3 Small Water Systems ❑ ARM 17.36
❑ DEQ-4 Subsurface Wastewater Treatment o ARM 1730
STANDARD OR RULE NUMBER. DE 2 — Subsections 33,41 & 33.42
EXISTING STANDARDIRULE LANGUAGE:
MDE0 Circular 2 — Chapter 30 Subsection 33.41 — Recommended TvIinintum Slopes and
Chanter 30, Subsection 33.42 — Minimum Flow Depth,
1) Subsection 33.41 — Recommended Minimum Slope&
In the table under this subsection, the minimum slope for an 8" sewer main is listed as being
0.40 feet per 100 feet, which is eonunonly referred, to on design and construction drawings
as 0.40%. All of the slo es listed in Table 33.41 were specified as Stich as at that sloe the
flow velocity in the respective VIM sizes would be at least 2.0 fps when flowing full or near
ful I using a Manning's "n" value of 0.013. A velocity of 2.0 f s is often refemcd to as the
minitnum velocity needed to provide cleaning of the pipe interior or to minimize the settling
of solids in the wastewater,
2) Subsection 33.42 — Minimum Floe Depth. -
In this subsection it states "Pie slopes sliditly less than those required may be verniitted,
only under extenuating circumstances tluou h an approved deviation. Such decreased
slopes will only be considered where the dc121h of flow will be 0.3 of the diameter or areater
for the design average flow. The operating authority of the sewer system will Rive written
assurance to the Department that any additional sewer maintenance required by reduced
slopes can be provided."
PROPOSED STANDARD/RULE LANGUAGE:
"Fie slopes slightly less than those required may be Permitted, oniv under extenuating
circumstances throw h an approved deviation. Such decreased slopes will only be considered
where the operating authority of the sewers stem gives written assurance to the Department that
any additional sewer maintenance required by reduced Apes can be provided. Also through an
ap)iwoved deviation a Manning "n" value of 0 11 nimhe used to deter mine_pipe conveyance
capacities and pipe velocities."
Page 1 of 3
NOV 213 201E ATTACHMENT A DEVIATION NUMBER
G�;! , ri u r
1=11W r,i ....
K< ,Ii JUST allach addillorral i1 fortualion rrs rrecessury
In addition to the 'ustiflcation information presented with this Deviation Re nest also refer to a
letter from the City of Kalispell aDDr0VinQ the proposed reduction of sloe to 0.29% in this sewer
main section and the Cit 's commitment to maintain this section of sewer main.
— The- sewer mains and. -other bifrastrusture im roven"errts- for 44acier 'Villa e Green--- a e-49
(E.O. 918-2073). were constructed by Sandry Construction. During the preparation of "As
Built" drawings, it was discovered that (lie 339 L.F. section o„f, 8" PVC SDR 35 sewer main
between existing_ Manhole #63 and new, Manhole 419-1 was installed at a slope of 0.29% rather
than 0.43% as specified on the approved [[laps, The contractor relied soled on a pile laser
during installation and did not verify pipe grade or manhole elevations with any other surveyiag
or level a ui nrt. Neither Carver Engineering, the City of Kalispell, nor theOwnersof Sandry
Construction condone this method of sewer main installation and the subsequent results but we
are now left to determine what, if an king, should be done to deal with the vrobletrt. Is the work
necessary to correct this sewer main grade problem actually worth the expense and the eventual
avement failure_ problems or is a reduced grade of 0.29% for this section_ of 8" sewer main the
lessor of the two problems.
It should be pointed out that construction_ of the road — asphalt pavement curbs & utters,
sidewalks etc - as well as all other infi•astructeu•e itn rovements have been completed. An
effort to excavate and reinstall the sewer „main at the approved grade of 043% or even the
minimum rade of 0.40% would require extensive disturbance of the recently finished road.
The reconstruction could possibly be done without any noticeable short-term structural or
aesthetic problems, however, it is very likely the asphalt road pavement will experience
reflective crackinp, and 'pint separation at a relatively early age.
It should also be pointed out that the problem sewer main will never be extended and will never
have more than the 18 existing residential connections. This is the last residential develonment
phase of Glacier Village Greens and no extensions of or additions to this section of sewer main
are possible. Therefore, the quantity of wastewater discharged to the sewer main will only vary
by wastewater generated daily within the „18 single-family esidential units connected to the
sewer main.
Sewer Main Hydraulics
In accordance with City of Kalispell Standards, daily wastewater flow from residential units
ERU's)_is 265 gpd (2.5 persons/ERU and 106 _gpd/ ersott)Therefore, for the 18 units
connccted to the 0.29% sewer main the average daily flow would be 265 x 18 = 4,770 gpd, The
conventional wisdom is to divide the daily flow by 1,440 minutes/day to act a "gallon per
minute' flow rate- however, it is more likely, when there is a smaller number of connections that
a more accurate period of ti►ue over which the wastewater total is generated is probably closer to
16 hours or 960 minutes/day. In any case the flow rates are very low: 4,770 gpd + 1,440
min/day = 3.3 gmil or 4,770 gpd _ 960 min/day 5.0 ppni. Using a peaking factor of 4.32 the
peak hourly flow would be 14.3 rn Using a 24-hour period of use or 21.5 Spin using a 16-hour
period of use.
The table at the end of this Deviation Request shows a comparison of velocities and flow depths
at expected wastewater flows with the installed pipe grade of 0.29% and the_.DEQ 2 rninimum
Page 2 of 3
ATTA CH M ENl` A
DEVIATION NUMBER
grade for 8" sewer mains of 0.40%. Manning "n" values of DEQ re aired 0.013 and a likely
more realistic "n" value of 0.011, are also Used in the comparisons.
There is very little difference in velocities and flow depths at 0.29% grade and 0,40%, however,
obviously, slightly reater velocities occur at 0.40% and slip-litly greater Flow depths occur at
0.29%.
jtshou-M-be natedrt rauHc5-are ve-r r similar for att sewer main installed at 0.29% using
an "n" value of 0.011 as compared to an 8" sewer main installed at 0.40% using an "n" value of
0.013. Because of this the Flathead Water & Sewer District #I (Evergreen) applied for and
received an deviation from the MDEO to reduce the required "n" value from 0.013 to 0.011,
thereby allowing them to install their 8" sewer mains at a minimum grade of 0.29%. Ironicall
die same sloe the section of sewer main in Glacier Village Greens Pit. 19 was inconectl
installed at.
In Uni-Bell's Handbook of PVC Pipe it states, "Most engineers have historically selected n to be
0.013 for sanitag sewer line when using the nroducts available before the advent of PVC sewer
i e. Studies in the laboratory, and more importantly in actual use have found the value of u for
PVC to ranize from 0.007 to 0.011."..."The Uni-Bell Plastic Pie Association reconi mends that
the value of Manning's n factor be 0.010 for hydraulic design of PVC gravity_sewer systems."
The Evergreen Water & Sewer District was contacted to determine if they had experienced any
additional required maintenance on their 0.29% sewer mains. They indicated they had not
experienced any additional maintenance requirements, and they mentioned that regardless if the
sewer main is installed at 0.29% or 0.40% or even at a greater sloe the ma°arit of
maintenance issues they see are at the manholes not in the sewer mains. Joe Musialowski, at the
Evergreen Water & Sewer District can be contacted for confirmation of the lack of additional
maintenance on 8" sewer mains at 0.29% grade_
In sunimary, we feel that in this s ecific installation where we are at the "end of the line" with
no possibility of extending of this 0.29% grade sewer main and no possibility of additional
connections to this section of the sewer main that there are only nominal differences in It draulic
characteristics between a sewer main installed at 0.29% and one installed at 0.40%. And there is
very little Justification, other than simply complying a MDEO standard, to require the
complete removal and reinstallation of this section of sewer main to provide a slope of at least
0.401/c. If a more reasonable Mannin 's "n" factor was used the hydraulics between att 8" sewer
main installed at 0.29% with an "n" of 0.011 would almost be identical to an 8" main installed at
0.40% with an "n" of 0.013.
In accordance �v}th ARM 17.38.101 (4) 0).1 eertit'y that strict adherence to the abo e s 1}��pr � ess
to prot�EJ !e health al cl7 quality of state waters. M
PE Slnsfj) n
(, TFIOMAS M. 7
(Sigrralureor okssivWFngineer .— (i7.rler5iprc�lJ ,( COWAN Q
Montana P.E. Number 10323 PE 0 10323 P.E.
a !r �aB�rg pw
For Department Use Only: � � � I v �, � $ °R zsr
Review Engineer's Recommendation: �ryl,nhe�
,!nfeni of
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a4,—W04ly,
Page 3 of 3
GoUntYVater &Sewer District
130 Nicholson Drive • Kalispell, MT 59901
Phone: [406) 257-5B61 • Fax: [406) 758-1 50B
July 3, 2018
Carver Engineering
ATTN: Tom Cowan
1995 Third Ave. East
Kalispell, MT 59901
Dear Tom:
At the board meeting held on June 20, 2018, the District's board of directors approved
plans for the water main extension for Glacier Village Greens phase 19 as shown on
plans prepared by Carver Engineering dated May 2, 2018 with a revision date of June 7,
2018.
The extension will be in compliance with all District standards and specifications.
Sincerely,
R�4ck. istrict Manager
KALISPELL FIRE DEPARTMENT
Dave Dedman — Fire Chief PO Sox 1997
Jon Campbell — Assistant Fire Chief 312 First Avenue East
Cec Lee — Executive Secretary Kalispell, Montana 59901
Phone: (406) 758-7760
FAX: (406) 759-7777
Friday, March 1, 2019
Tom. Cowan, P.E.
c al ver—rlgineering
1995 Third Ave. East
Kalispell MT. 59901
Re. Glacier Village Greens Phase 19 hydrant acceptance
Tom,
Please find this letter of acceptance in regards to the Glacier Village Greens hydrant access,
locations and calculated fire flows for the Glacier Village Greens phase 19. If you have any
additional questions feel free to contact me.
Sincerely,
Dave Dedman, Fire Chief
City of Kalispell
"Protecting oar Community with the highest level ofprofessionalisae. "
KALISPELL FIRE DEPARTMENT
Dave Dedman — Firs: Chiel PO Box 1997
JOE] Campbell — Assistant Fire Chief ���- 312 First Avenue East
Coe Lee — Executive Secretary Kalispell. Montana 59901
Phone: (406) 758-7760
FAX: (406) 758-7777
Friday, March 1, 2019
Mark Owens
Owl Corporation
Flathead Village Greens L.L.0
500 Palmer Drive
Kalispell MT, 59901
Re: Glacier Village Greens Phase 19 fire department access
Mark,
Thank you for providing me the easement agreement for the fire department access required per the
preliminary plat for phase 19 of your project. Prior to issuing an approval letter for final plat, I need
to approve the fire hydrant locations, fire flows and the design for the emergency access between
Palmer Drive and East Nicklaus. To date, I have approved the hydrant layout and fire flows, but
have not received a plan for improvements to the emergency access. Per our previous conversation,
the emergency access between Palmer Drive and East Nicklaus shall be improved in order to meet
the conditions of the preliminary plat and subdivision regulations. Please forward any designs or
plans that you may have in regards to the emergency access to me for approval once they are
completed.
Sincerely,
Dave Dedman, Fire Chief
City of Kalispell
"Protecting our coninumity with the highest level of professionalism. "
KALISPELL FIRE DEPARTMENT
Dave Dedman — Fire Chief PO Box t997
Jon Campbell — Assistant Fire Chief ��� 312 First Avenue East
Cec Lee — Executive secretary Kalispell. Montana 59901
Phonc:(406) 758-7760
FAX: (406) 758-7777
11/18/2019
Eric Mulcahy, AICP
Sands Surveying
2 Village Loop, Kalispell MT 59901
Re: Emergency Access Village Greens phase 19
Eric,
Please find this letter of acceptance in regards to the emergency vehicle access for Village Greens
phase 19. If you have any additional questions or needs please feel free to contact me.
Dave Dedman, Fire Chief
City of Kalispell
"Protecting our community with the highest level ofprofessionalism."
Eric H. Mulcahy
From: Fred Bicha <fbicha@kalispell.com>
Sent: Thursday, February 21, 2019 11:08 AM
To: Eric H. Mulcahy
Cc: Chad Fincher
Subject: Glacier Village Greens Phase 19 Blvd Trees
Hi Eric,
I reviewed the plat map of Glacier Village Greens, Phase 19 at the north end of Palmer drive. I believe 39 boulevard trees
will be needed for this stretch. Current prices for a 2'/" tree is $423.00 plus a 5% admin fee for a total of $444.15/tree
or $17,321.85.
Once a check is received for the trees I will provide a letter of acceptance from the parks department that you will take
to final plat with you.
Thanks,
Parks Superintendent
Kalispell Parks and Recreation
P.O. Box 1997
Kalispell, MT 59903
(406) 758-7716 Office
(406) 758-7719 Fax
http://www.haii5Dell.comloari2s and recreation/
Jalispe
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Johnson, Berg & Saxby, PLLP
PO Box 3039
Kalispell, MT 59903-3038
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Debbie Pierson, Flathead County Mi by NW 2/7/2019 950 A�00
EASEMENT AGREEMENT
THIS AGREEMENT AND MUTUAL GRANT OF EASEMENT is made and entered into by and
between OWL CORPORATION and FLATHEAD VILLAGE GREENS L.L.C„ formerly known as
GO DEVELOPMENT LLC, both of 500 Palmer Drive, Kalispell, Montana 59901.
WHEREAS, Owl Corporation has developed and continues to own certain property commonly
known as the Glacier Village Greens Subdivision located in Kalispell, Flathead County, Montana, including
that part of this Subdivision which is known as Glacier Village Greens, Phase XXI, according to the plat
thereof on file and of record with the Office of the Clerk & Recorder, Flathead County, Montana (herein
�C "Phase XXI"), and Glacier Village Greens, Phase XXII C, according to the map or plat thereof on file and
of record with the Office of the Clerk & Recorder, Flathead County, Montana (herein "Phase XXII C);
and
WHEREAS, Flathead Village Greens L.L.C. (herein sometimes "Village Greens") owns the
property commonly known as the Village Greens Golf Course, which golf course winds through the various
Glacier Village Greens Phases, including Phase XXI and Phase XXII C; and
WHEREAS, the property which is owned partially by Owl Corporation and partially by Village
Greens includes the following described strip of land in Flathead County, Montana:
A STRIP OF LAND, SITUATED, LYING AND BEING IN THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 29
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT:
Commencing at the north corner of Lot 10 of the Plat of Glacier Village Greens, Phase
XXI (records of Flathead County, Montana), which is a found iron pin; Thence along the
northeasterly boundary of said Lot 10 S3212742"E 97.12 feet to a found iron pin and THE
TRUE POINT OF BEGINNING OF THE STRIP OF LAND HEREIN DESCRIBED:
Thence leaving said boundary N70°55'16"E 118.20 feet to the P.C. of a 150.00 foot radius
curve to the right, concave southwesterly, having a central angle of 51°54'28"; Thence
along an are length of 135.99 feet; Thence S57°10'16"E 115.82 feetto a found iron pin on
the northerly R/W of East Nicklaus Avenue, which is on a 50.00 foot non -tangent curve to
the left (radial bearing S5710' 16"E); Thence southwesterly along said curve through a
central angle of 23°34'41 " an arc length of 20.58 feet to a found iron pin, Thence leaving
said R/W N5710'l6"W 119.99 feet to the P.C. of a 130.00 foot radius curve to the left,
having a central angle of 51 °54'28"; Thence along an arc Iength of 117.77 feet; Thence
S70055'16"W 218.21 feet to a found iron pin on the northeasterly R/W of Palmer Drive
Page 1 of 3
Il�llllllllll�ill�illl��llllll�l��llllIII till 111Ill III I Pa19000023
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Fees: $38_00
2/7/2019 9:50 AM
and West Nicklaus Avenue, which is on a 13 0. 00 foot radius non -tangent curve to the left
(radial bearing S75119'58"W); Thence northwesterly along said curve through a central
angle of 08049'24" an are length of 20.02 feet; Thence leaving said R/W N70055'16"E
100.01 feet to the point of beginning and containing 0.212 ACRES.
The above -described property is herein referred to as the "Emergency and Golf Course Access;' and
WHEREAS, Phase XXII C is located on and accessed via E. Nicklaus Avenue, and Phase XXI is
located on W. Nicklaus Avenue, and at the time subdivision approval was obtained for Phase XXII C (and
certain other Phases of Glacier Village Greens along E. Nicklaus Avenue which are north ofRitzman Lane),
the City of Kalispell granted a variance allowing for the extension of E. Nicklaus Avenue so as to allow for
the platting of the lots on the northern end of such roadway, with the terms of such variance requiring the
installation of some additional fire hydrants and the establishment of an emergency access easement so as
to allow emergency access to and from the northern end of E. Nicklaus Avenue; and
WHEREAS, Owl Corporation, in connection with its development of Phase XXII C (and certain
other Subdivision Phases on E. Nicklaus Avenue) did install such additional fire hydrants, and also
designated an area for a 20' emergency access so as to allow E. Nicklaus Avenue to be accessed from W.
Nicklaus Avenue, with the western end of the Emergency and Golf Course Access easement immediately
south of Lot 10 Phase XXI, and the eastern end of such easement between Lots 76 and 8A of Phase XXII
C, al] as further shown on the final plats which are of record for Phase XXI and Phase XXII C; and
WHEREAS, Owl Corporation and Village Greens now wish to more fully document the existence
and location of such Emergency and Golf Course Access, including where this easement crosses the fairway
of Hole 15 of Village Greens Golf Course, all as further set forth herein.
NOW THERRFORE, the parties each hereby acknowledge receipt of good and valuable
consideration, and each hereby mutually covenant, grant and agree as follows:
l . Mutual Grant of Easement and Location and Width of Easement: Each party to this Agreement
hereby grants, conveys and transfers to the other party, and to each party's respective successors
and assigns, a perpetual, non-exclusive easement over and across the herein described property
which is owned by such party, which easement shall be for the express purposes set forth in
Section 2 hereof, and shall further be for the use and benefit of the specific parties identified in
Section 3 hereof. The Emergency and Golf Course Access shall twenty feet (20') in width, and
the specific location thereof is described above, and is further depicted on Exhibit "A" attached
hereto.
2. Purposes of Easement: The purposes for this Emergency and Golf Course Access easement and
the manner in which it may be used are as follows:
a. For emergency ingress and egress to and from E. Nicklaus Avenue by emergency responders
and residents of E. Nicklaus Avenue, all as further provided for in Section 3 hereof;
b. To allow ingress and egress to and from the golf course in connection with its management and
operation, including, without limitation, access using golf course maintenance vehicles; and
c. To allow for the installation, repair and maintenance of utility lines.
3. Parties Who M4y Utilize Easement: This Emergency and Golf Course Access easement may be
utilized by emergency responders in connection with accessing E. Nicklaus Avenue in legitimate
emergency situations, as well as by residents of E. Nicklaus Avenue who may need to leave their
residences because of any such emergency_ Additionally, this easement may be utilized by
Page 2 of 3
2019
Page:3of4
348
Fees: $38.00
2/7/2019 9:50 AM
employees, contractors and other permitees of Flathead Village Greens L.L.C. (and its successors
and assigns) in connection with accessing or leaving the Village Greens Golf Course, and as
otherwise reasonably necessary in connection with the management and operation of the golf
course. This easement may also be used for the utility lines, including the repair and maintenance
thereof.
4. Easement is Appurtenant: The Emergency and Golf Course Access easement hereby granted by
Owl Corporation to Flathead Village Greens L.L.C. and granted by Flathead Village Greens L.L.C.
to Owl Corporation, is and shall be appurtenant to and will benefit and run with the properties
currently owned by each such party; specifically the Village Careens Golf Course property, and the
property owned by Owl Corporation in the Glacier Village Greens Subdivision. Additionally, this
Emergency and Golf Course Access easement shall, in perpetuity, be available for use by any
emergency responders and the residents of E. Nicklaus Avenue who need to use this easement
during any period of time which constitutes an emergency situation, and as otherwise allowed and
provided for herein.
5. Binding A Bement: This Agreement and the grants of this Emergency and Golf Course Recess
easement shall be binding on the parties hereto and their respective successors and assigns in
perpetuity.
r�
IN►%°TI'NESS WHEREOF, the parties have executed this Easement Agreement as of this (5
day of February, 2019.
OWL CORPORATION
EY c.G e'-1
Mark Owens, Secretary -Treasurer
STATE OF MONTANA )
) ss.
County of Flathead }
FLATHEAD VILLAGE GREENS, L.L.C.
VkJa Go Development LLC
By /'x'z &9
Mark Owens, Its Managing Member
This instrument was acknowledged before me on the ( ifj day of February, 2019 by MARK OWENS,
known to be to be the Secretary -Treasurer of OWL CORPORATION, and the Managing Member of
FLATHEAD VILLAGE GREENS L.L.C.
qq�pp�� y
.Y��Xur +i
DEBORAH J.13UN AY
NOTARY PUBLIC fort m
State of Montana
tiE.�L
Residing at lfafis*l, Montana
or t
ttAY Commission FxPlres
Npvember 04.2010
hnaj�� cy, � �___ na "q
otary Public for the S to of Montantd-
Page 3 of 3
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Quarter of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as
follows to wit:
Beginning at the northeast corner of Lot 4 of the Plat of Glacier Village Greens, Ph. XVII (records of Flathead County, Montana), which
is a found iron pin, thence Nl7021'24"W 14.00 feet to a set iron pin; thence N72"38'26"E 30.00 feet to a set iron pin; thence
N12050'00"E 23.39 feet to a set iron pin; thence N74°50'00"E 76.09 feet to a set iron pin; thence S89°00'00"E 120.69 feet to a set iron
pin; thence N80020'00"E 45.95 feet to a set iron pin; thence S67°00'00"E 2099 feet to a set iron pin; thence S06°30'00"E 47.62 feet to a
set iron pin; thence EAST 90.29 feet to a set iron pin; thence N46°40'00"E 16.61 feet to a set iron pin, thence NO3°20'00"E 245.23 feet
to a set iron pin; thence S86°40'00"E 98.06 feet to a found iron pin on the westerly R/W of a 60 foot city street known as Palmer Drive;
thence leaving said R/W N74°01'03"E 60.00 feet to a found iron pin on the easterly R/W of Palmer Drive, which is on a 130.00 foot
radius curve, concave southwesterly (radial bearing S74110 1'30"W), thence Northwesterly along said curve and along said R1W through a
central angle of 03'06' 14" an arc length of 7.04 feet to the centerline of a 20 foot emergency egress, utility and cart patli/pedestrian
easement; thence leaving said R/W and along said centerline N70°55'16"E 102.00 feet to a found iron pin; thence leaving said centerline
S05"23'52"E 115.45 feet to set iron pin; thence S03°20'00"W 172.00 feet to a set iron pin; thence S 11° l5'39"W 64.69 feet to a set iron
pin; thence S21°49'55"W 64.45 feet to a set iron pin; thence S34°09'51 "W 64,45 feet to a set iron pin, thence S46°29'48"W 64,45 feet to
a set iron pin; thence S58°49'44"W 6.4.45 feet to a set iron pin; thence S71°09'4L"W 64.45 feet to a set iron pin; thence S79°35'45"W
51.54 feet to a set iron pin; thence WEST 219.27 feet to a set iron pin, thence S87°09'48"W 79.30 feet to a found iron pin; thence
N 19°33' 1=4"W 102.00 feet to a found iron pin on the southerly R/W of said Palmer Drive; thence leaving said R/W N 11 008'57" W 60.48
feet to a found iron pin on the northerly R/W of said Palmer Drive; thence leaving said R/W N17°21'24"W 102.00 feet to the point of
beginning.
Note: This Record Title Report is of no force and effect unless Scheduie A is attached together with any added pages
incorporated by reference.
TR-15 1 Record Title Report — SCHEDULES (WLTIC Edition 12129/08)
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