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H03. Glacier Rail Park Final Plat Resubdivision Lot 4CITY OIF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner Planning Department 201 Ist Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Final plat request for Resubdivision Plat Lot 4 of Glacier Rail Park Subdivision MEETING DATE: August 17, 2020 BACKGROUND: KLJ submitted a request on behalf of Flathead County Economic Development Authority for final plat approval of Resubdivision Plat Lot 4 of Glacier Rail Park, a 2-lot rail -served industrial subdivision. The property proposed for final plat can be described as Lot 4 of Glacier Rail Park Subdivision, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana. The City Council approved the preliminary plat for Glacier Rail Park with 22 conditions at their meeting on June 18, 2018, with Resolution No. 5878 and approved final plat on August 5, 2019. This final plat is an amended plat subdividing Lot 4 into two parcels (Lot 4 contained three parcels as part of the original preliminary plat). All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. RECOMMENDATION: It is recommended that the City Council approve the final plat for Glacier Rail Park. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: July 31, 2020 c: Aimee Brunckhorst, Kalispell City Clerk CYFY OF KALISPELL July 31, 2020 Doug Russell, City Manager City of Kalispell 201 1st Ave E Kalispell, MT 59901 Planning Department 201 1' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine Re: Final plat request for Resubdivision Plat Lot 4 of Glacier Rail Park Subdivision Dear Doug: KLJ submitted a request, on behalf of Flathead County Economic Development Authority, for final plat approval of Resubdivision Plat Lot 4 of Glacier Rail Park Subdivision, a 2-lot rail -served industrial subdivision. The property proposed for final plat can be described as Lot 4 of Glacier Rail Park Subdivision, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana The City Council approved the preliminary plat for Glacier Rail Park with 22 conditions at their meeting on June 18, 2018, with Resolution No. 5878 and approved final plat on August 5, 2019. This final plat is an amended plat subdividing Lot 4 into two parcels (Lot 4 contained three parcels as part of the original preliminary plat). All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. COMPLIANCE WITH CONDITIONS OF APPROVAL The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Staff Response: This condition has been met. The final plat conforms with the preliminary plat approved by city council. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. The preliminary plat expires June 18, 2021. 3. All applicable conditions within Ordinance 1792 (Glacier Rail Park PUD) shall apply. Staff Response: This condition has been met. All applicable conditions within Ordinance 1792 have been complied with. 4. Commercial truck traffic shall be prohibited from using East Oregon Street, west of the subdivision. Signage prohibiting commercial trucks from using East Oregon Street shall be installed on East Oregon Street, west of the proposed subdivision. Staff Response: This condition has been met. Signage prohibiting truck traffic has been installed. 5. Commercial truck traffic shall be prohibited from exiting the site onto Whitefish Stage, west of the subdivision. Signage prohibiting commercial trucks from exiting the site onto Whitefish Stage Road shall be installed on the proposed "Rail Access Road" within the subdivision. Staff Response: This condition has been met. Signage prohibiting truck traffic has been installed. 6. The proposed private Rail Access Road within the subdivision shall be designed and constructed in accordance with the Kalispell Subdivision Regulations and Kalispell Standards for Design and Construction. In order to serve its intended purposes, the private road shall be designed to Collector Street standards with a loading capacity of HS-20 in order to withstand the weight of truck traffic. Curbs, gutters, and boulevards shall be provided on both sides of the road. No sidewalks are required per Ordinance 1792. The private access road shall continue to provide access to the properties to the north of the subdivision per an easement stated on the face of the final plat. Staff Response: This condition has been met. Public Works issued a letter approving the design of the rail access road, which has subsequently been constructed and accepted by the City of Kalispell. The letters are attached hereto for reference. 7. East Oregon Street and East Oregon Lane shall be improved to City of Kalispell Collector Street standards with a curb, gutter, boulevard, and sidewalk along the affected frontages and with curb and gutter on the opposite side of the street. The improved road shall be designed and constructed to HS-20 loading capacity standards. All of the corresponding right-of-way shall be granted to the City of Kalispell. Staff Response: This condition has been met. Public Works issued a letter approving the design of the two public roadways, which have subsequently been constructed and accepted by the City of Kalispell. The letter is attached hereto for reference. 8. Right-of-way shall be granted to the city for the entire 60-foot road and utility easement (Flathead Drive west of rail ROW, East Oregon Street, and East Oregon Lane). The exact easement location shall be reviewed and approved by the Kalispell Public Works department and shown on the final plat. The dedicated segment of Flathead Drive shall be improved to Collector Street standards, with curbs, gutters, and boulevards on both sides, and a sidewalk on at least one side. Staff Response: This condition has been met. The ROW has been granted to the city and the streets have been improved according to Public Works standards for construction. Public Works issued a letter accepting all the infrastructure on July 28, 2020. 9. The intersection of East Oregon Lane, Montclair Drive, and Flathead Drive shall be designed in accordance with the recommendations contained in the Traffic Impact Study for the FCEDA Rail Park subdivision. The final traffic circulation design shall be reviewed and approved by the Kalispell Public Works Department and Flathead County. Staff Response: This condition has been met. The intersection has been constructed in accordance with approved designs. 10. The intersection of Flathead Drive and U.S. Highway 2, including the installation of a traffic light at this intersection, shall be designed in accordance with the recommendations contained in the Traffic Impact Study for the FCEDA Rail Park Subdivision. The final traffic circulation design shall be reviewed and approved by the Kalispell Public Works Department, Flathead County, and the Montana Department of Transportation. Staff Response: This condition has been met. The intersection, including the installation of a new traffic light, has been constructed in accordance with approved designs. 11. The designs for any modified or planned crossing of the railroad lines within the property and at Flathead Drive shall be reviewed and approved by Burlington Northern and Santa Fe (BNSF) Railway Company. A letter shall be submitted to the Kalispell Public Works Department from BNSF, or their technical representative, indicating approval of the design of said crossings. Staff Response: This condition has been met. The railroad line designed have been reviewed and approved by BNSF and subsequently constructed. 12. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. Staff Response: This condition has been met. Public Works issued a letter dated March 4, 2016, approving the stormwater plan, which has subsequently been constructed. The letter is attached hereto for reference. 13. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. Staff Response: This condition has been met. Public Works has issued a letter approving the storm water management on March 4, 2016. The letter is attached hereto for reference. 14. The developer shall submit to the Kalispell Public Works Department for review and approval a municipal water and sewer extension and development plan that meets the requirements of the current city standards for design and construction. If public utilities are located internal to the site, they shall be located within the private roadway area. Staff Response: This condition has been met. Public Works and has issued a letter approving the municipal water and sewer extensions on March 4, 2016. Additionally, DEQ issued a letter approving the water and sewer on April 8, 2016. The letters are attached hereto for reference. 15. Any public utilities that are required to cross the railway lines shall be encased in sleeves that will protect the underground utilities from damage. The design for these casings shall be submitted for review and approval by the Kalispell Public Works Department. Staff Response: This condition has been met. Public Works has issued a letter approving the design on March 4, 2016. The letter is attached hereto for reference. 16. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or proper bonds have been accepted for unfinished work. Staff Response: This condition has been met. Public Works has issued a letter dated July 28, 2020, stating that the infrastructure has been accepted. The letter is attached hereto by reference. 17. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Easements for public utilities should be exclusive to public utilities only. Private utility easements may run parallel and adjacent to the public easement. Staff Response: This condition has been met. All of the required easements have been accepted by the City of Kalispell and are shown on the plat. See final plat and Public Works letter dated August 10, 2020. 18. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature Staff Response: This condition has been met. The statement and signature block are noted on the final plat. 19. The developer shall include on the face of the final plat a statement waiving the right to protest the establishment of a special improvement district for the purposes of improvements to Whitefish Stage Road where it is adjacent to the property. Staff Response: This condition has been met. The statement is noted on the final plat. 20. All utilities shall be installed underground. Staff Response: This condition has been met. All utilities have been installed underground. 21. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. The areas disturbed have been re -vegetated with a weed -free mix. 22. The portion of the property located in the far northwest corner, spanning the Stillwater River, shall be maintained in its natural state so as not to disturb the native vegetation, impede the flow of surface water, or impact the 100-year floodplain. Staff Response: This condition has been met. This area has remained in its natural state. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat approved by the Kalispell City Council on June 18, 2018. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the state and city Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the I- 2/PUD zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for Glacier Rail Park. Attachments: - Two mylars of final plat - I I" x 17" copy of plat - Applicant responses and final plat application dated 7/30/2020 - Insured Titles Title guarantee 894509-FT, dated 6/22/2020 - Flathead County tax certification, dated 8/6/2020 - Letter from Kalispell Public Works (engineering approval), dated 3/4/2016 - Letter from Kalispell Public Works (acceptance), dated 7/28/2020 - Letter from Kalispell Public Works (easements), dated 8/10/2020 - Montana Department of Environmental Quality water and sewer approval letter, dated 4/8/2016 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: KLJ 1830 3rd Avenue East, Suite 202p Kalispell, MT 59901 am t:1Z o uQZq o> al � �on� ID!e �FpZp a"F F S�q� � �mYa w¢ P olI S F°W I I paaa NI o a� aFZF � � � F ? i �x� o �.'� mz i ' K, aFs I _ oon to ❑ 0 � , G a CG 2,U i0. F,O c5 � ¢ I to i� 6 n�iF I a FE'w vlp IX I � I I A aj � qW ° II F0.72 p,� � G. 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Wzw3o o Qw z PQmz FZW� p o Ww F U FVWiF�t OV 6 S 0-1'S7" UQ E 99 9' �w o Asa �o oo�w of w az z � I I zo ��o zc�paz°wx F w6s z z �aw� w3� a a wN wo�w�� F¢z zz� az x_mxwxma wFp w , QIW�U6 Uaw rl 00 z � "^ ^� P ziFz F Fz�vW,z Fw zaF z 3 2' s0. of ate' ixF'� >�azao °ww �za I F- w w wF as pow e moFF,F�Q a�1. 0.zz S� wew �o I oh FEW o z �o�o�a xw W w�F zWQWQ�¢F mo }c00. xi z `? t, --___ _ N I N 351.On'(R) 00.92'IB" H 3".98' oj _ W[>Wo 2' W4x'rnF1'Ja¢ a'r A aPw z OZWw0.4'VC'..'pwW �FWW0. ZW / Oam 0.KFZ.�¢a 51wjg SWp°axp ae d. aq P-u-i, F3 Na 06 ¢ VZZ� WK F d Fp F Fw Ct� Kfy,a WF ZOF'a a.ZO -'E- Oowp;ZF0.Qo0.Wp ZW w U W .a W 'ern Wp 0.�O[�.lo F� Sd �cai [al .a ¢0.wwP Fo0.�66z600 y� 2° W�.Rax6.z�. vi F2q 2°¢ PLANNING FOR THE FUTURE MOAY"A Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 WWW.kalispell.com/planning FINAL PLAT APPLICATION Project /Subdivision Name: Glacier Rail Park Contact Person: Name: Jerry Meerkatz Address: 44 2nd Ave W Kalispell, MT 59901 Phone No.: 406.257.7711 Date of Preliminary Plat Approval: June 18, 2018 Type of Subdivision: Residential Total Number of Lots in Subdivision Land in Project (acres) 44.07 Parkland (acres) No. of Lots by Type: Single Family Duplex Commercial Condominium Owner & Mailing Address: Flathead County Economic Development Authority 44 2nd Ave W Kalispell, MT 59901 Industrial X Commercial I 0 Cash -in -Lieu $ Townhouse Apartment Industrial 1 Multi -Family Mobile Home Park PUD X Other Exempt Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property See attached Plat FILING FEE ATTACHED $ 525 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement $400 + $125/lot $800 + $125/lot $800 + $125/lot $50 1 Attached Not Applicable (MUST CHECK ONEI X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X Plats: 2 mylars 1 11X17 Copy 1 full size copy 1 Electronic Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. vised that the County Clerk & Recorder requests that all subdivision be accompanied with a digital copy. Z�� v Date **�al copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system E General Conditions: 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials, and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final -Plat). Completed 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). Completed 3. Commercial truck traffic shall be prohibited from using East Oregon Street, west of the subdivision. Signage prohibiting commercial trucks from using East Oregon Street shall be installed on East Oregon Street, west of the proposed subdivision. (Findings of Fact, Section A). Completed 4. Commercial truck traffic shall be prohibited from exiting the site onto Whitefish. Stage, west of the subdivision. Signage prohibiting commercial trucks from exiting the site onto Whitefish Stage Road shall be installed on the proposed "Rail Access Road" within the subdivision. (Findings of Fact, Section A). Completed 5. The proposed private Rail Access Road within the subdivision shall be designed and constructed in accordance with the Kalispell Subdivision Regulations and Kalispell Standards for Design and Construction. In order to serve its intended purposes, the private road shall be designed to Collector Street standards with a loading capacity of HS-20 to withstand the weight of truck traffic. Curbs, gutters, and boulevards shall be provided on both sides of the road. A sidewalk shall be provided on at least one side. The private access road shall continue to provide access to the properties to the north of the subdivision per an easement stated on the face of the final plat. (Kalispell Subdivision Regulations, Section 28.3.14). Completed. Road kept in private ownership. Road meets the Collector Street standards. No sidewalk was installed because the road was kept in private ownership. 6. A design that mitigates the risk of development on or near the slopes located along the south property boundary shall be submitted for review and approval prior the commencement of clearing and grading operations on the site. The ongoing remediation of the gravel extraction and concrete batch plat operations shall assure that adequate building sites are created and that slope stability is maintained on sites with slopes of 25% or greater. (Kalispell Subdivision Regulations, Section 28.3.03 and 28.3.11 F.2). Design submitted and approved. Prior to final plat: 7. East Oregon Street and East Oregon Lane shall be improved to City of Kalispell Collector Street standards with a curb, gutter, boulevard, and sidewalk along the affected frontages and with curb and gutter on the opposite side of the street. The improved road shall be designed and constructed to HS-20 loading capacity standards. All of the corresponding right-of-way shall be granted to the City of Kalispell. (Kalispell Subdivision Regulations, Section 28.30.04). Completed 8. Right-of-way shall be granted to the city for the entire 60-foot road and utility easement (Flathead Drive, East Oregon Street, and East Oregon Lane). The exact easement location shall be reviewed and approved by the Kalispell Public Works department and shown on the final plat. The dedicated segment of Flathead Drive shall be improved to Collector Street standards, with curbs, gutters, and boulevards on both sides, and a sidewalk on at least one side. (Finding of Fact, Section D). Completed 9. The intersection of East Oregon Lane, Montclair Drive, and Flathead Drive shall be designed in accordance with the recommendations contained in the Traffic Impact Study for the FCEDA Rail Park subdivision. The final traffic circulation design shall be reviewed and approved by the Kalispell Public Works Department and Flathead County. (KW Engineering, July 2013). Completed 10. The intersection of Montclair Drive and U.S. Highway 2, including the installation of a traffic light at this intersection, shall be designed in accordance with; the recommendations contained in the Traffic Impact Study for the FCEDA Rail Park Subdivision. The final traffic circulation design shall be reviewed and approved by the Kalispell Public Works Department, Flathead County, and the Montana Department of Transportation. (KW Engineering, July 2013). Completed. Intersection was moved to the intersection of Hwy 2/Flathead Drive/Woodland Park Drive. 11. The designs for any modified or planned crossing of the railroad lines within the property and at Flathead Drive shall be reviewed and approved by Burlington Northern and Santa Fe (BNSF) Railway Company. A letter shall be submitted to the- Kalispell Public Works Department from BNSF, or their technical representative, indicating approval of the design of said crossings. (Findings of Fact, Section D). Completed. Plan set was reviewed and signed by a BNSF representative. 12. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards). Completed 13. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/ sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards). Completed 14. The developer shall submit to the Kalispell Public Works Department for review and approval a municipal water and sewer extension and development plan that meets the requirements of the current city standards for design and construction. If public utilities are located internal to the site, they shall be located within the private roadway area. (Kalispell Design and Construction Standards). Completed 15. Any public utilities that are required to cross the railway lines shall be encased in sleeves that will protect the underground utilities from damage. The design for these casings shall be submitted for review and approval by the Kalispell Public Works Department. (Findings of Fact, Section D). Completed 10 16. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or proper bonds have been accepted for unfinished work. (Kalispell Design and Construction Standards). Completed 17. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works. Department shall be obtained stating that the required easements are being shown on the final plat. Easements for public utilities should be exclusive to public utilities only. Private utility easements may run parallel and adjacent to the public easement. Crossings are allowable, provided adequate vertical separation. (Kalispell Subdivision Regulations, Section 3.18). Completed 18. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities,. in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Included Developer's Signature (Kalispell Subdivision Regulations, Section 28.3.21(H)) 19. The developer shall include on the face of the final plat a statement waiving the right to protest the establishment of a special improvement district for the purposes of improvements to Whitefish Stage Road where it is adjacent to the property. (Kalispell Subdivision Regulation, Section 28.3 (Design Standards)). Included On- og_ing conditions: 20. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). Completed 21. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Completed. 22. The portion of the property located in the far northwest corner, spanning the Stillwater River, shall be maintained in its natural state so as not to disturb the native vegetation, impede the flow of surface water, or impact the 100-year floodplain. (Findings of Fact, Sections A & C). Agreed 11 INSURED TITLES Insured Titles 44 4th Street West/P.O. Box 188, Kalispell, MT 59901 Phone (406)755-5028 - Fax (406)755-3299 To Our Valued Customer, Our intention is to provide for the ongoing health and safety of our employees, customers, and communities. Our company has invested in technology solutions and developed processes to provide safe signing options for our customers. We are asking our real estate professional and lender partners to connect with their customers regarding their expectations and comfort level with their real estate closing. Important Information We are asking the following pre -closing screening questions on all files. • Have you been diagnosed or are you being tested for COVID-19? • Have you or household family members traveled to or from another state within the last 14 days? • Have you or household family members had close contact with or cared for someone diagnosed with COVID-19 within the last 14 days? • Have you or household family members experienced any cold or flu -like symptoms in the last 14 days (fever, cough, sore throat, respiratory illness, difficulty breathing)? Remote/Online Signing Options Remote or online signing may be an option. Please contact us to confirm availability. Curbside/Outside/Drive-Up Closing Appointments In order to comply with social distancing requirements, we are providing outside closing options. Here is what to expect: Upon arrival, call our office at (406)755-5028 we will bring the documents to you. Each document requiring a signature and/or date will be tagged. Once all documents have been signed place them in the envelope provided. We will verify that all documents have been signed and at this point, your signing is complete. If you have special circumstances or requirements that necessitate a variation from our current outside, remote/online options, please contact us. Please visit our website insuredtitles.com for the most up-to-date status of our operational response to government announcements and orders. We are in this together! Stay safe and healthy, Thank you, r, Quinn Stufflebeam CEO INStIRED TITLES Insured Titles 44 4th Street West/P.O. Box 188, Kalispell, MT 59901 Phone (406)755-5028 - Fax (406)755-3299 Escrow Officer: Darla L Brown - dbrown@insuredtitles.com Title Officer: Andrea Reum - areum@insuredtitles.com To: TrailWest Bank 222 W. Idaho St. Kalispell, MT 59901 Attention: Garrett Reinschmidt Your Reference: Glacier Sotheby's Int'I Realty Bigfork 480 Electric Avenue Bigfork, MT 59911 Attention: RE: Property Address: 1000 Rail Park Dr., Kalispell, MT 59901 ENCLOSED please find the following: • Title Commitment ***ATTENTION -PLEASE READ*** WARNING! WIRE FRAUD ADVISORY: Wire fraud and email hacking/phishing attacks are on the increase! If you have an escrow or closing transaction with us and you receive an email containing Wire Transfer Instructions, DO NOT RESPOND TO THE EMAIL! Instead, call your escrow/closer immediately, using previously known contact information and NOT information provided in the email, to verify the information prior to sending funds. Note: It is our company policy to send secure wire instructions directly to the party wiring funds. * rev. 07/2016 *OLD REPUBLIC TITLE FACTS WHAT DOES OLD REPUBLIC TITLE DO WITH YOUR PERSONAL INFORMATION? Why? 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For our everyday business purposes — such as to process your transactions, maintain your accounts(s), or respond to court orders Yes No and legal investigations, or report to credit bureaus For our marketing purposes — to offer our products and services to No We don't share you For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes — Yes No information about your transactions and experiences For our affiliates' everyday business purposes — No We don't share information about your creditworthiness For our affiliates to market to you No We don't share For non -affiliates to market to you No We don't share Questions Go to www.oldrepublictitle.com (Contact Us) Who we are Who is providing this notice? Companies with an Old Republic Title names and other affiliates. Please see below for a list of affiliates. What we do How does Old Republic Title To protect your personal information from unauthorized access and use, we use security protect my personal measures that comply with federal law. These measures include computer safeguards and information? secured files and buildings. For more information, visit http://www.OldRepublicTitle.com/newnational/Contact/privacy. How does Old Republic Title We collect your personal information, for example, when you: collect my personal information? Give us your contact information or show your driver's license • Show your government -issued ID or provide your mortgage information • Make a wire transfer We also collect your personal information from others, such as credit bureaus, affiliates, or other com anies. Why can't I limit all sharing? Federal law gives you the right to limit only: • Sharing for affiliates' everyday business purposes - information about your creditworthiness • Affiliates from using your information to market to you • Sharing for non -affiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See the "Other important information" section below for your rights under state law. Definitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. • Our affiliates include companies with an Old Republic Title name, and financial companies such as Attorneys' Title Fund Services, LLC, Lex Terrae National Title Services, Inc., Mississippi Valley Title Services Company, and The Title Company of North Carolina. Non -affiliates Companies not related by common ownership or control. They can be financial and non- financial companies. • Old Republic Title does not share with non -affiliates so they can market to you Joint marketing A formal agreement between non-affiliated financial companies that together market financial products or services to you. • Old Re ublic Title doesn'tjointly market. Affiliates Who May Be Delivering This Notice American First Abstract, American First Title & American Guaranty Title Attorneys' Title Fund Compass Abstract, Inc. LLC Trust Company Insurance Company Services, LLC eRecording Partners Genesis Abstract, LLC Kansas City Management L.T. Service Corp. Lenders Inspection Company Network, LLC Group, LLC Lex Terrae National Title Lex Terrae, Ltd. Mara Escrow Company Mississippi Valley Title National Title Agent's Services Services, Inc. Services Company Company Old Republic Branch Old Republic Diversified Old Republic Exchange Old Republic National Old Republic Title and Escrow of Information Services, Inc. Services, Inc. Company Title Insurance Hawaii, Ltd. Company Old Republic Title Co. Old Republic Title Old Republic Title Old Republic Title Old Republic Title Company of Company of Conroe Company of Indiana Company of Nevada Oklahoma Old Republic Title Old Republic Title Old Republic Title Old Republic Title Old Republic Title Insurance Agency, Company of Oregon Company of St. Louis Company of Tennessee Information Concepts Inc. Old Republic Title, Ltd. Republic Abstract & Sentry Abstract Company The Title Company of Title Services, LLC Settlement, LLC North Carolina Trident Land Transfer Company, LLC ORT Form 4690 6/06 Rev. 8-1-16 ALTA COMMITMENT FOR TITLE INSURANCE Issued By OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY NOTICE IMPORTANT — READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILTY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I — Requirements; Schedule B, Part II — Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Florida Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I — Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 By / / (// President Attest tJ4 Secretary Issued through the office of: Insured Titles 44 4th Street West/P.O. Box 188 Kalispell, MT 59901 (406)755-5028 If this jacket was created electronically, it constitutes an original document. Authorized Signature This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 894509-FT Page 1 of 11 LTA Commitment for Title Insurance (8-1-16) COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I — Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without. (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I -Requirements; (f) Schedule B, Part II -Exceptions; and (g) a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. S. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part I — Requirements; ii. eliminate, with the Company's written consent, any Schedule B, Part II — Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I - Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 894509-FT Page 2 of 11 LTA Commitment for Title Insurance (8-1-16) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II — Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 894509-FT Page 3 of 11 LTA Commitment for Title Insurance (8-1-16) ORT Form 4690 A (8-1-16) ALTA Commitment for Title Insurance Issued By Old Republic National Title Insurance Company Transaction Identification Data for reference only: Issuing Agent and Office: Insured Titles, 44 4th Street West/P.O. Box 188, Kalispell, MT 59901 (406)755-5028 Issuing Office's ALTA ® Registry ID: 1027943 Loan ID No.: Issuing Office Commitment/File No.: 894509-FT Property Address: 1000 Rail Park Dr., Kalispell, MT 59901 Revision No.: 2 2. 4 SCHEDULE A Commitment Date: June 22, 2020 at 7:30 A.M. Policy (or Policies) to be issued: Premium Amount reflects applicable rate (a) 0 2006 ALTA ® Standard Owner's Policy Proposed Insured: Northern Plastics, a Colorado corporation Proposed Policy Amount: $552,000.00 Premium Amount $ 1524.00 Endorsements: $ (b) 0 2006 ALTA ® Standard Loan Policy Proposed Insured: TrailWest Bank and each successor and/or assign that is a successor in ownership of the Indebtedness, except as provided in Section 12(c) of the Conditions. Proposed Policy Amount: $0.00 Premium Amount $ TBD Endorsements: $ (c) ❑ ALTA ® Policy Proposed Insured: Proposed Policy Amount: $ Endorsements: Premium Amount $ The estate or interest in the Land described or referred to in this Commitment is fee simple. The Title is, at the Commitment Date, vested in: Flathead County Economic Development Authority, a Montana corporation This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 894509-FT Page 4 of 11 LTA Commitment for Title Insurance (8-1-16) The Land is described as follows: LOT 4 OF GLACIER RAIL PARK SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. NOTE: THE ABOVE PROPERTY IS MORE THAN IS INTENDED ON BEING CONVEYED AND IS THEREFORE SUBJECT TO THE RECORDING OF AN AMENDED PLAT. By: Authorized Countersignature (This Schedule A valid only when Schedule B is attached.) This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 894509-FT Page 5 of 11 LTA Commitment for Title Insurance (8-1-16) ORT Form 4690 B I (8-1-16) ALTA Commitment for Title Insurance Issued By Old Republic National Title Insurance Company SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. If any document in the completion of this transaction is to be executed by an attorney -in -fact, the Power of Attorney must be submitted for review prior to closing. 6. We require the attached Seller/Borrower Affidavit be completed prior to recording. 7. We require an amended subdivision plat be filed with the county clerk and recorder. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 894509-FT Page 6 of 11 LTA Commitment for Title Insurance (8-1-16) ORT Form 4690 B II (8-1-16) ALTA Commitment for Title Insurance Issued By Old Republic National Title Insurance Company SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. 2. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an accurate and complete land survey of the Land, and that are not shown in the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 7. Any right, title or interest in any minerals, mineral rights or related matters, including but not limited to oil, gas, coal and other hydrocarbons, sand, gravel or other common variety materials, whether or not shown by the Public Records. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 894509-FT Page 7 of 11 LTA Commitment for Title Insurance (8-1-16) 8. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 9. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 10. 2020 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2019 $463.16 PAID $463.14 PAID 0936200 (As to a ptn.) 2019 $13181.97 PAID $13181.95 PAID 0455500 (As to a ptn. WOP) NOTE: Our Lot is retaining Tax Assessor No. 0936200 11. Effects, if any, of easement for railroad tracks recorded October 6, 1916 in Book 144, Page 172. 12. Effects, if any, of easement for railroad tracks recorded February 15, 1918 in Book 154, Page 531. 13. Effects, if any, of various easements detailed in document recorded December 5, 1941 in Book 241, Page 629. 14. Easement for a pipeline for the transmission of gas, together with the right of access to said right of way over and along existing roads and trails granted to The Montana Power Company recorded March 29, 1962 in Book 443, Page 944, as Doc. No. 2483. 15. Easement and right of way for the construction, installation, replacement and maintenance of eight inch water line (as long as the same does not interfere with any other line now in place) granted to Kalispell Pole and Timber Company, Inc. recorded August 5, 1974 in Book 571, Page 500, as Doc. No. 7539. 16. Certificate of Inclusion for Flathead County Water District No. 1 - Evergreen, recorded March 26, 1986, as Doc. No. 86-085-13410. 17. Interlocal Agreement between the City of Kalispell and Flathead County Water and Sewer District No. 1 - Evergreen, recorded October 25, 1990, as Doc. No. 90-298-09200. 18. Interlocal Agreement between Flathead County, Montana and Flathead County Water and Sewer District No. 1 - Evergreen, recorded November 27, 1991, as Doc. No. 91-331-11370. 19. Easement for road and utility purposes granted to Flathead County, Montana recorded June 21, 2000, as Doc. No. 2000-173-14100. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 894509-FT Page 8 of 11 LTA Commitment for Title Insurance (8-1-16) 20. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Certificate of Survey No. 18380, recorded July 2, 2008 , as Doc. No. 2008-000-18641, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 21. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Certificate of Survey No. 19246, recorded November 28, 2011 , as Doc. No. 2011-000-24650, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 22. Waiver of Protest to Annexation, recorded November 30, 2010, as Doc. No. 2010-000-27696. 23. Agreement AND Mortgage dated September 13, 2012, to secure an original indebtedness of $1,147,302.65, and any other amounts and/or obligations secured thereby. Recorded: September 13, 2012, as Instrument No. 2012-000-21215 Mortgagor: Flathead County Economic Development Authority Mortgagee: United States Department of Commerce, Economic Development Administration per Financial Assistance Award (Covers premises and other property) 24. Easement for an electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded May 24, 2013 as Doc. No. 2013-000-12712. 25. Resolution No. 5669 for annexation into the City of Kalispell recorded April 23, 2014, as Doc. No. 2014-000-06883. 26. Petition to Annex and Notice of Withdrawal from Rural Fire District recorded April 23, 2014, as Doc. No. 2014-000-06684. 27. Certificate as to Ordinance and Adopting Vote for No. 1770 by the City of Kalispell recorded May 9, 2016, as Doc. No. 2016-000-08879. 28. Ordinance No. 1792 for a PUD overlay zone on Glacier Rail Park by the City of Kalispell recorded July 20, 2017, as Doc. No. 2017-000-15555. 29. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Record of Correction Survey No. 16363, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 30. Unrecorded leaseholds; rights of parties in possession, rights of secured parties, vendors and vendees under conditional sales contracts of personal property installed on the premises herein, and rights of tenants to remove trade fixtures. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 894509-FT Page 9 of 11 LTA Commitment for Title Insurance (8-1-16) 31. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Record of Survey No. 20637, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 32. Covenants, Conditions and Restrictions recorded as Instrument No. 2017-000-22652, but omitting any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status, or national origin to the extent that such covenants, conditions or restrictions violate 42 USC 3604(c). 33. Reservations and Conditions in Quitclaim Deed by BNSF Railway Company recorded September 11, 2017, as Doc. No. 2017-000-22653. 34. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Record of Survey No. 20823, recorded May 29, 2018, as Doc. No. 2018-000-10425, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 35. Covenants, Conditions and Restrictions recorded June 29, 2018 as Doc. No. 2018-000-13283. 36. Ordinance No. 1811 to annex additional property recorded July 5, 2018, as Doc. No. 2018-000- 13753. 37. Ordinance No. 1812 to amend zoning recorded July 5, 2018, as Doc. No. 2018-000-13754. 38. Resolution No. 5877 for annexation into the City of Kalispell recorded July 5, 2018, as Doc. No. 2018- 000-13756. 39. Easement for an electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded June 3, 2019 as Doc. No. 2019-000-10632. 40. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by the recorded plat of said Glacier Rail Park Subdivision, recorded August 20, 2019, as Doc. No. 2019-000-19113, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(C). 41. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and Environmental Services filed with the Plat of Glacier Rail Park Subdivision. 42. Subject to an amended subdivision plat being filed with the county clerk and recorder and any modifications as to said legal description. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 894509-FT Page 10 of 11 LTA Commitment for Title Insurance (8-1-16) INFORMATIONAL NOTES A. Other than as shown in Schedule B; we find no Judgment Liens, State Tax Liens, Federal Tax Liens or Child Support Liens of record which attach to the name(s) or interest of the vested owner and/or proposed insured owner/borrower. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 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GAP `e �d7 aG�I u2 r a•F ° - 2 j{{ ��rt p His 11 1z '60a g Pr o 11 ' or 11 1 _ <o Sgad Op F END 5� >��"=_v85= zz o C ASIc r leu 6 � 11 pi IMP Y O Vol UJ/ Lu4v UU. YU YUU I JUJ .] 1 LH I ISUUI`I BY _ KLJ Plat Room Flathead County, Montana 800 S. Main St, Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only FOR : FLATHEAD COUNTY ECONOMIC DEV AUTHORITY DATE: 8/5/20 DESCP : GLACIER RAIL PARK SUB PURPOSE. RESUB RESUB L4 (8-28-21) YEARS ASSESSOR # 201G THRU 201 t 0455500 0014168, U002200 20 _0015376 , Oc1 3 (yyloo 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. A U G 0 6 2 0 /t V, Deputy/Treasurer �Qs•. _+� !o (seal) Tr March 4, 2016 Mike Brodie, PE KLJ 1845 Highway 93 South Kalispell, MT 59901 Re: Glacier Rail Park Mike, The revised construction drawings, design reports, and other included submittals received March 1, 2016 for the Glacier Rail Park are hereby approved contingent on the following items: 1. Prior to Final Plat, all Conditions listed in the Preliminary Plat shall be satisfied. 2. Prior to Final Plat, record drawings of the approved plans shall be submitted in both hard copy and digital formats. The coordinate systems used in the record drawings shall be Montana State Plane - International Foot for horizontal coordinates with corresponding elevations in NAVD 88. 3. A deviation to plan coordinate system requirement as defined in Section 3.4.7.E is approved contingent upon the delivery of record drawings as specified in item 2 above. 4. A deviation to the Horizontal Location of valves and manhole covers as defined in Section 3.3.6 is approved. The deviation to the standards is deemed necessary to maintain adequate separation between the City of Kalispell infrastructure and an Evergreen water main. 5. A deviation to the noise emission limits for generators as specified in section 3.3.12.D is approved. The deviation to the standards is deemed acceptable for an industrial park with a separation from residents of more than 600 feet. 6. A deviation to the short-term infiltration requirement maximum of 20 in/hr and long-term infiltration rate of 10 in/hr as defined in Section 4.6.3.B.V.c are approved. Contingent upon approval, the Property Owner(s) shall be responsible to maintain pretreatment devices to ensure pollutant removal is adequate to prevent groundwater contamination. 201 It Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www.kalispell.com 7. A deviation to the minimum setback requirement from ponds to property lines of 20 feet as specified in Section 4.7.8.B.IV is approved. Contingent upon approval of this deviation, the Property Owner(s) shall be responsible to protect adjacent properties and infrastructure from damage associated with stormwater storage in the pond. 8. A deviation to the Non -Flooded width of 16 feet as required in Section 4.8.6.A is approved allowing 15 feet of non -flooded width per the Engineer's evaluation. 9. A deviation to the maximum grade requirement for access roads of 8% as specified in Section 4.10.1.H.d is approved. Contingent upon approval of this deviation the Property Owner(s) shall be responsible to maintain the pond using the proposed access road with a 10% grade. If modifications to the access road is necessary, the modifications shall be submitted to Public Works for review and approval prior to construction. The above listed deviations are the only deviations approved for this project (outside of MDEQ deviation requests). Any deviation to the standards beyond the approved deviations in this letter shall be submitted to this department for review and approval prior to construction. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect. Modification to these approved plans shall be submitted and approved by this department prior to construction. If more than 18 months lapse before completing construction, plans and specifications must be resubmitted and approved before construction continues. Please contact Mark Crowley at 249-2485 to set up a pre -construction meeting prior to beginning construction. At project completion, please provide the City with record drawings. We look forward to working with you on this project. Sincerely, Keith Haskins, PE Senior Civil Engineer 406-758-7727 cc: Emily Gillespie, PE, Montana Department of Environmental Quality Mark Crowley - City Construction Manager Page 2 of 2 CITY OF KALISPELL July 28, 2020 Mark Rohweder, PE Project Engineer KLJ Engineering 1830 3rd Ave E, Suite 202 Kalispell, MT 59901-5778 Re: Northern Plastics Dear Mr. Rohweder The purpose of this letter is to indicate all public infrastructure constructed for the Glacier Rail Park and currently owned by the City of Kalispell has been designed and constructed in accordance with MDEQ and City Design and Construction Standards, as certified by you, and is considered accepted by the City of Kalispell. The sale of the Lot 4 to Northern Plastics does not in any way change the acceptance of the existing infrastructure already installed to serve this lot. Sincerely, Keith Haskins, PE City Engineer Cc: PJ Sorensen — Senior Planner 201 1' Avenue E I Phone (406)758-7720 Po Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.com CITY OF KALISPELL August 10, 2020 Mark Rohweder, PE Project Engineer KLJ Engineering 1830 3rd Ave E, Suite 202 Kalispell, MT 59901-5778 Re: Northern Plastics Easements Dear Mr. Rohweder This letter is intended to serve as review and acceptance of the required easements and dedicated right-of-ways. The sale of Lot 4 to Northern Plastics does not in any way change the acceptance of the existing easements and right-of-way already in place to serve this lot. Sincerely, Keith Haskins, PE City Engineer CC: PJ Sorensen — Senior Planner 201 1' Avenue E I Phone (406)758-7720 Po Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.com April 8, 2016 Mike Brodie, PE KLJ 1830 TO Ave. East. Suite 202 Kalispell, MT 59901 Re: City of Kalispell — PWSID#MT000259 Glacier Rail Park - Water Main, Sewer Main & Lift Station EQ#16-1144 Approval Dear Mr. Brodie: Thank you for the revised engineering report, deviation requests and plans and specifications for the water main extension, gravity sewer main extension, pressure force main and lift station proposed to serve the future Glacier Rail Park site located east of Kalispell in a recently annexed parcel, received March 9 — April 4, 2016, under the Professional Engineer's seal of Michael J. Brodie, 28348PE. This submittal information was reviewed along with the original engineering report and the plans which were received August 7, 2015, under the Professional Engineer's seal of Andrew Evensen, 30603PE. The submittal was reviewed in accordance with Department Circular DEQ-1, 2014 edition and Department Circular DEQ-2, 2012 edition. The subdivision intends to utilize the Municipal Facility Exclusion (MFE) process to satisfy the Sanitation in Subdivision Act. As such, the City of Kalispell directly reviews the storm water management on the site. The City of Kalispell approval of the project construction plans and specifications was received March 4, 2016. The proposed water and sewer utilities will be installed within road right-of-way for continued City access for operation and maintenance. The Glacier Rail Park, water main and sanitary sewer collection system improvements' plans and specifications, received March 9, 2016, along with replacement sheet W-4 received April 4, 2016, are hereby approved with the conditions listed below. One copy of the plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained as Department Record. Condition One: The 4-inch diameter wastewater force main utilizing 4-inch diameter C900 PVC pipe must be well labeled to avoid confusion and potential cross -connections with water utilities by clearly labeling this utility as a wastewater (not water) utility. Ensure that warning tape clearly indicates "sewer" force main, As indicated, the warning tape shall be wrapped around the PVC pipe for clarification. Condition Two: The Glacier Rail Park must make application to DEQ utilizing the MFE process for the division of lots within the Rail Park, to satisfy the Sanitation Act, The MFE process can be pursued independent of the public infrastructure water and sewer improvements, herein approved, since these improvements will be installed outside the subdivision boundary. However, the MFE must be approved prior to connection of the internal lots to City of Kalispell utilities. City of Kalispell — PWSID#MT000259 Glacier Rail Park - Water Main, Sewer Main & Lift Station EQ#15-1144 Approval April 8, 2016 Page 2 of 3 In general, the water mains stem improvements consist of: approximately 7900 feet of 12-inch diameter C-900 DR18 PVC water main, 23 fire hydrant assemblies, 39 gate valves, and steel casing conduit installation at railroad crossings. At full buildout, domestic demand is estimated to total 5850 gpd, yielding a peak demand of approximately 50 gpm. The Fire Chief indicated that a 3000 gpm design fire flow was appropriate, provided that interior building sprinkler systems are installed in future buildings within the Rail Park. Water modeling indicated that system pressure can be maintained above 20 psi with a 3000 gpm fire flow demand within the Rail Park. The sanitary sewer collections stem improvements consist of: the installation of approximately 2300 feet of 8-inch diameter SDR35 PVC gravity sewer main, 12 precast concrete sewer manholes, approximately 2350 feet of 4-inch diameter DR18 C900 PVC force main, one suction lift wastewater lift station utilizing a 6-foot diameter wet well with above ground pump house and control structure. The duplex, wastewater, self -priming, suction lift pumps shall be Gorman Rupp Model V3B-B or equal, with a primary operating point of 90 gpm at 66 feet TDH. A natural gas fueled 50kW Generac backup power generator will be installed to serve the wastewater lift station. Additionally, bypass piping and camlock connections will be installed if bypass pumping becomes necessary. Asa part of the ro'ect five deviations were requested and granted from: Circular DEQ-2 Standard 42.22 and 44.11 and DEQ-1 Standard 8.8.2, 8.8.4 and 8.8.6 • A deviation from DEQ-2 Standard 42.22 allowed the proposed Gorman -Rupp wastewater lift station pumps to be utilized without 4-inch suction and discharge openings. The proposed pumps can still pass 3-inch spheres. • A deviation from DEQ-2 Standard 44.11 allowed more than 25 feet of suction piping to be utilized, because the NPSH safety factors of the pumps are still met. • Deviations from DEQ-1 Standard 8.8.2, 8.8.4 and 8.8.6 allowed the water main to be installed at spacing less than 10 feet horizontally from a sanitary sewer main (force main and gravity piping) and sanitary sewer manholes. Flowable fill shall be placed at these locations for improved structural support and impermeability and at least 5 feet spacing will be maintained. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. The project may not be placed into service until the project engineer or designer certifies by letter to the Department that the activated portion of the project was constructed in substantial accordance with the plans and specifications approved by the Department and there are no deviations from the design standards other than those previously approved by the department. Within 90 days after the completion of construction, a complete set of certified "as -built" drawings must be signed and submitted to the department. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. City of Kalispell — PWSID#MT000259 Glacier Rail Park - Water Main, Sewer Main & Lift Station EQ#16-1144 Approval April S, 2016 Page 3of3 Department approval of this project covers only those portions of the plans and specifications that are subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and specifications that are outside of the Department's review authority, including but not limited to: electrical work, architecture, site grading or water and sewer service connections. Thank you for your efforts regarding this submittal. If you have any further questions, please contact me at (406) 755-8979 or egillespie(2mt.gov Sincerely, 114. L Emily J. Gillespie,, P.E. Public Water Supply and Subdivisions Bureau Copies: Kim Morisaki, Flathead County Economic Development Authority, 44 Second Ave West, Kalispell, MT 59901 Keith Haskins, City of Kalispell Public Works Dave Dedman, City of Kalispell Fire Chief (electronic only) Wendee Jacobs, Flathead County Environmental Health MDEQ Plan Review File