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H04. Northland Ph 5A&B Final Plat & Subdivision Improvement Agreement
CITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Final plat request and Subdivision Improvement Agreement for Northland Phases 5A and 513 MEETING DATE: August 17, 2020 BACKGROUND: WGM Group submitted a request on behalf of Bridgeland Development, LLP for final plat approval of Northland Phases 5A and 513. Northland Phase 5 is the final phase of the Northland Subdivision and Planned Unit Development (PUD), originally approved in 2004. The original Northland PUD encompassed 67 acres and was planned for a mix of single-family residential detached and attached dwellings within an R-3/PUD Zone. Phase 5 overall includes 25.5 acres with ninety (90) residential lots (70 single-family and 20 townhouse). The fourteen (14) lots and open space in Phases 5A and 513 encompass a total of 6.83 acres (3.21 acres in lots and 3.62 acres of open space). There are no rights -of -way included within these phases. Phase 5 is located along the western boundary of Northland Drive and can be legally described as Tract 1 CA of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The City Council approved the preliminary plat for Northland Phase 5 with 20 conditions at their meeting on June 5, 2017 with Resolution No. 5816. An extension was recently provided by the Council at the June 15, 2020 meeting pursuant to Resolution No. 5977. All of the conditions have been met or adequately addressed. A Subdivision Improvement Agreement has been included with this submittal to cover certain improvements not included within bonding related to earlier phases of the development. The agreement includes bonding for $109,358.25, which is 125% of the estimated remaining costs for unfinished improvements. RECOMMENDATION: It is recommended that the City Council approve the final plat for Northland Phases 5A and 513. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: July 21, 2020 c: Aimee Brunckhorst, Kalispell City Clerk cilry KALISPELL August 7, 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/planning Re: Final plat request and Subdivision Improvement Agreement for Northland Phases 5A and 5B Dear Doug: WGM Group submitted a request on behalf of Bridgeland Development, LLP for final plat approval of Northland Phases 5A and 5B. Northland Phase 5 is the final phase of the Northland Subdivision and Planned Unit Development (PUD), originally approved in 2004. The original Northland PUD encompassed 67 acres and was planned for a mix of single-family residential detached and attached dwellings within an R-3/PUD Zone. Phase 5 overall includes 25.5 acres with ninety (90) residential lots (70 single-family and 20 townhouse). The fourteen (14) lots and open space in Phases 5A and 5B encompass a total of 6.83 acres (3.21 acres in lots and 3.62 acres of open space). There are no rights - of -way included within these phases. Phase 5 is located along the western boundary of Northland Drive and can be legally described as a portion of Tract 1CA of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The City Council approved the preliminary plat for Northland Phase 5 with 20 conditions at their meeting on June 5, 2017 with Resolution No. 5816. An extension was recently provided by the Council at the June 15, 2020 meeting pursuant to Resolution No. 5977. All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. A Subdivision Improvement Agreement has been included with this submittal to cover certain improvements that have not yet been installed. The agreement includes bonding in the form of two cashier's checks for $109,358.25, which is 125% of the estimated remaining costs for unfinished improvements. COMPLIANCE WITH CONDITIONS OF APPROVAL 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. Staff Response: This condition has been met. The final plat complies with the submitted preliminary plat application and materials. 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. Preliminary plat approval was granted on June 5, 2017, and an extension was granted on June 15, 2020. 3. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water 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. A letter from Public Works dated September 6, 2018 was submitted by the developer and a certification from the project engineer for WGM dated May 26, 2020 was provided. 4. 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 Storm Water Discharge Associated with Construction Activities. Staff Response: This condition has been met. A letter from Public Works dated October 4, 2019 was submitted by the developer along with a letter from DEQ dated October 2, 2020. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Staff Response: This condition has been met. Letters from Public Works dated September 6, 2018 and from DEQ dated March 26, 2019 were submitted by the developer. 6. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Staff Response: This condition has been met. A letter from Public Works dated September 6, 2018 was submitted by the developer 7. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Staff Response: This condition has been met. A letter from Public Works dated July 31, 2020 has been submitted accepting the completed infrastructure and noting that a security is in place for incomplete items relating to Phases 5A and 5B. The Subdivision Improvement agreement along with two cashier's checks totaling $109,358.25, representing 125% of the estimated remaining cost of completion, is attached. 8. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. A letter from Public Works dated June 6, 2020 was submitted by the developer. 9. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature Staff Response: This condition has been met. The note is included on the final plat. 10. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. Staff Response: This condition has been met. A letter from the US Postal Service dated December 18, 2019 has been provided by the developer. 11. A temporary turnaround shall be required at the north terminus of Northridge Way to the satisfaction of the Public Works Director. Staff Response: The temporary turnaround is not included within these phases and will be part of Phase 5D when it is developed. The turnaround is not necessary for this phase. 12. One additional Kalispell Bypass trail access point shall be installed (8-foot-wide concrete or 10-foot-wide asphalt surface) along the western property boundary. The trail access point can be installed anywhere north of Northridge Drive along the western property boundary. Staff Response: The access point to the trail will be provided as part of Phase 5D which includes the area along the western property boundary. 13. The townhouse lots located along the westerly property boundary shall have a street frontage density of 40 feet/unit or larger. If the density is less than 40 feet/unit an alley shall be incorporated into the design of those lots. Staff Response: The western portion of the property is part of Phase 5D. There are no townhouse lots as part of these phases. 14. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Staff Response: This condition has been met. A letter from the Parks Department dated July 1, 2020 details a landscaping agreement for boulevard trees and planting which calls for a payment -in -lieu of $8,438.85, which has already been paid to the City. The Parks Department also provided a letter dated August 11, 2020, conditionally approving the landscape plan. Portions of the plan have not yet been installed and are included within the Subdivision Improvement Agreement. 15. A parks plan for the areas designated as "open space and storm water management area" shall be approved by the Parks and Recreation Director. Staff Response: This condition has been met. The Parks Department also provided a letter dated August 11, 2020, conditionally approving the parks plan. 16. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city. In this case an assessment would be levied within the maintenance district to be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. A note waiving the right to protest a park maintenance district is included on the final plat. 17. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. Staff Response: This condition has been met. These phases are being added to the existing homeowners' association and covenants. A Declaration of Annexation to Declaration of Covenants, Conditions, and Restrictions of Northland Subdivision dated July 31, 2020, was submitted by the developer. 18. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. Staff Response: This condition has been met. At least two-thirds of the infrastructure has been installed and the remainder is part of the Subdivision Improvement Agreement and bonding, which is attached. 19. All utilities shall be installed underground. Staff Response: This condition has been met. During field inspections, Public Works verified that the utilities have been installed underground. 20. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. Disturbed areas were revegetated after development and verified. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat approved by the Kalispell City Council on June 5, 2017. 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- 3/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 Northland Phases 5A and 5B. Attachments: - Two mylars of final plat - 11" x 17" copy of plat - Preliminary Plat Approval, Resolution 5816, dated 6/5/17 - Applicant responses and final plat application dated 6/25/20 - First American Title guarantee 5010500-905128-CT - Consent to Plat from American Bank dated 6/19/20 - Subdivision Improvement Agreement/Engineer's Cost Estimate dated 8/11/20 - Flathead County tax certification, dated 6/16/20 - Letter from Kalispell Public Works (utility easements), dated 6/6/20 - Letter from Kalispell Public Works (engineering approval), dated 9/6/18 - Letter from Kalispell Public Works (stormwater permit), dated 10/4/2019 - Montana Department of Environmental Quality water and sewer approval letter, dated 3/26/19 - Montana Department of Environmental Quality storm water permit, dated 10/2/19 - Engineer's Certification letter dated 7/31/20 - Kalispell Fire Department approval letter, dated 10/4/18 - Kalispell Parks and Recreation letter (street trees), dated 7/l/20 - Kalispell Parks and Recreation letter (boulevards and parks), dated 8/11/20 - Email from US Postal Service, dated 12/18/19 - Stormwater certification letter from WGM dated 5/26/20 - Declaration of Annexation to CCRs dated 7/31/20 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: WGM Group 431 1st Avenue West Kalispell, MT 59901 \oo IE m/ �\ \ \} \ \\\} \ \\\\ \ \\ }\ } m W- C/) 2 2z })) _ ( �)! \ coz¢ } \ \ }{ } \ (� - \ \/ : : —40 ^ w/ mIn !y [}(}}(((({(\(( �_ / } /\\\ } \\\ } \\- 0= 5 __ \ ) e=_ b=_\- � - - - -}}\:d :-w \- w: b (� \:Ej } § }}\\\}}\\\\\}\\\\\ §:22x:>ZS:2 ?am _ r - - 3nlaa ONVlH1a0N- /C` ,Z9'6l9 M 6b.00SJ_90T85 M�91Z I - - - - sg6 y a 3 3 rc - .. � mem 11 �p a �--=_-1 J o dy o ® • O on - - mi 3NVl J c\ m - r�' 3SINH16I0N a ILL.Im a I T 0 O f_n - U o Z- co- a m o Lo "I co s zo'N off, " — LO w I co CLUW Z z z /) i \ G —� .lb'OL9 0 .9B'68 `�°e p&471. 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WHEREAS, Bridgeland Development, LLP, the owners of the certain real property described above, has petitioned for approval of the Subdivision Plat of said property; and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on May 9, 2017 on the proposal and reviewed Subdivision Report #KPP-17-02 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Northland Phase 5 subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of June 5, 2017, reviewed the Kalispell Planning Department Report #KPP-17-02, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-17-02 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of Bridgeland Development, LLP for approval of the Preliminary Plat of Northland Phase 5, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: General Conditions: 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. 3. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water 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. 4. 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 Storm Water Discharge Associated with Construction Activities. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 6. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. 7. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. 8. 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. 9. 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 10. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 11. A temporary turnaround shall be required at the north terminus of Northridge Way to the satisfaction of the Public Works Director. 12. One additional Kalispell Bypass trail access point shall be installed (8-foot-wide concrete or 10- foot-wide asphalt surface) along the western property boundary. The trail access point can be installed anywhere north of Northridge Drive along the western property boundary. 13. The townhouse lots located along the westerly property boundary shall have a street frontage density of 40 feet/unit or larger. If the density is less than 40 feet/unit an alley shall be incorporated into the design of those lots. 14. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 15. A parks plan for the areas designated as "open space and storm water management area" shall be approved by the Parks and Recreation Director. 16. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city. In this case an assessment would be levied within the maintenance district to be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 17. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. 18. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 19. All utilities shall be installed underground. 20. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 5TH DAY OF JUNE, 2017. ATTEST: Aim+ Brunckhorst, CMC City Clerk Mark John o Mayor 1!392 '�OI�IT p•�P • �,�, ����Ill►illtiSllA>j���� Planning Department 201 1" Avenue East Kal ll, 9901 T Phone (4 6) 58-79 111110 Phone: (406) 758-7940 1 K� Fax: (406) 758-7739 PLANNING FOR THE FU!1NOLI NTANAwww.kalisvelf.cotn/vIanning FINAL PLAT APPLICATION Project /Subdivision Name: Northland Subdivision Phases 5A & 5B Contact Person: Name: WGM Group, Inc. Address: 431 1 st Avenue West _ Kalispell, MT 59901 Phone No.: (406) 756-4848 Date of Preliminary Plat Approval:__ June 5th, 2017 Owner & Mailing Address: Bridgeland Development, LLP. 315 Parkway Drive Kalispell, MT 59901 (406)885-6081 Type of Subdivision: Residential X Industrial Commercial PUD Total Number of Lots in Subdivision 14 Land in Project (acres) 6.83 Parkland (acres) Cash -in -Lieu $ Exempt No. of Lots by Type: Single Family 14 Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development _ Condominium Multi -Family Other Other Legal Description of the Property Portion of Tract 1, COS 19654, Section 1, T 28 N R 22 W _P.M.M., City of Kalispell Flathead County Montana FILING FEE ATTACHED 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 + $12b/lot Subdivision Improvements Agreement $50 Attached Not Applicable (MUST CHECK ONE, Health Department Certification (Original) V Title Report (Original, not more than 90 days old) V Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) V Parkland Cash -in -Lieu (Check attached) V Maintenance Agreement V Plats: 2 mylars 1 11X17 Copy 1 full size copy 1 Electronic Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. Owners) ature Date digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system WWGMGROUP 11,G 1111 T1 �iI11Ly Vc'3 1.1 i-"i �')sjp f id rlutw r'cj June 19, 2020 Jarod Nygren, Director Kalispell Planning Department 201 151 Avenue East Kalispell, MT 59901 Re: Final Plat Approval for Northland Subdivision Phase 5A & 5B Dear Jarod: As engineer of record for Northland Subdivision Phase 5A & 5B, I hereby certify that all of the conditions stated in Resolution No. 5816 have been addressed to the best of my knowledge. Enclosed is the Final Plat application for Northland Subdivision Phase 5A & 5B. The conditions of approval have been met as follows: 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. The development of the site is in substantial compliance with the application submitted as approved by the city council. 2. The preliminary plat approval -shall be valid for a period of three years from the date of approval. The preliminary plat was approved June 5th, 2017 and is still valid. 3. The developer shall submit to the Kalispell Public Works Department for review and approval, a storm water 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. A storm water report and a drainage plan was submitted to the Kalispell Public Works Department for review and has been approved. Please see enclosed Public Works Engineering Approval Letter. A certification stating that the drainage plan for the subdivision has been installed as designed and has been submitted to the public works department is included. 4. 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 431 V Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com Kalispell Planning Department 7/18/18 Page 2 of 5 all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. An erosion control plan has been submitted to both the Kalispell Public Works Department and Montana Department of Environmental Quality (MDEQ) and a General Permit for Storm Water Discharge Associated with Construction Activities has been obtained. The approval letter from the City of Kalispell for permit number SW19-0158 Northland Subdivision Ph 5 and the Notice of Intent letter from MDEQ have been enclosed. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Northland Subdivision Phase 5A & 5B of the development does not include water main or sewer main extensions. This condition shall be meet in future phases as the mains extend to service the other phases. 6. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. A street design has been submitted to the Kalispell Public Works Department for review and has been approved for current phase. Please see enclosed Public Works Engineering Approval Letter. 7. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. A letter from the Kalispell Public Works Department has been submitted stating that all new infrastructure has been accepted by the City of Kalispell. Please see enclosed Public Works Engineering Approval Letter. 8. 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. All existing and proposed easement are shown on the face of the enclosed final plat. A letter from the Kalispell Public Works Department is included. Receipt of the letter is pending. Kalispell Planning Department 7/18/18 Page 3 of 5 9. 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 The above note is included on the final plat. Please see enclosed Final Plat. 10. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail,delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. A letter of approval from the US Postal Service in enclosed. 11. A temporary turnaround shall be required at the north terminus of Northridge Way to the satisfaction of the Public Works Director The temporary hammerhead turnaround has been designed at the north terminus of Northridge Way, however, is not included in the construction of Northland Phases 5A & 5B as Northridge Way does not support these lots . The hammerhead is included with the Phase 5D improvements, the engineering of which has been approved by the City of Kalispell Public Works Department. 12. One additional Kalispell Bypass trail access point shall be installed (8-foot-wide concrete or 10-foot-wide asphalt surface) along the western property boundary. The trail access point can be installed anywhere north of Northridge Drive along the western property boundary. This trail access point will be provided in subsequent phases, specifically Phase 5D the engineering of which has been approved by the City of Kalispell Public Works Department. 13. The townhouse lots located along the westerly property boundary shall have a street frontage density of 40 feet/unit or larger. If the density is less than 40 feet/unit an alley shall be incorporated into the design of those lots. Kalispell Planning Department 7/18/18 Page 4 of 5 This is not applicable to this phase of development and will be addressed in subsequent phases, specifically Phase 5D, the engineering of which has been approved by the City of Kalispell Public Works Department. 14. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. The Developer intends to provide Cash in Lieu payment for Street trees for this phase, Per email correspondence, Chad Fincher (Kalispell Parks and Recreation) has requested the Cash in Lieu to cover 19 Street Trees in the amount of $8,438.85. This check is included with the application along with a copy of the email correspondence from December 16, 2019. 15. A parks plan for the areas designated as " open space and storm water management area" shall be approved by the Parks and Recreation Director. An overall park plan was submitted to Parks and Recreation, and will be completed in subsequent phases. The paths and landscaping surrounding the ponds will be completed in Phase 5D which received engineering approval from public works in June 2020. The boulevard areas will have street trees which will be provided as Cash -in - Lieu per the final plat application. 16. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city. In this case an assessment would be levied within the maintenance district to be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. There is an existing parks district for the overall Northland Development, which upon completion of the overall parks system will own and maintain. The boulevard areas will be maintained by the individual lot owners per City of Kalispell ordinances. 17. A homeowner' s association (HOA) shall be formed and established for the common areas prior to final plat. There is an existing Northland HOA, however, the common areas will not be fully completed until the subsequent phases, specifically Phase 5D the engineering of which has been approved by City of Kalispell Public Works. 18. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 100% of the improvements for phases 5A and 5B have been constructed, and are awaiting walkthrough and final approval from the City of Kalispell Public works department. A walk through has been scheduled for the week of June 811 Kalispell Planning Department 7/18/18 Page 5 of 5 19. All utilities shall be installed underground. All utilities supporting phases 5A and 5B have been installed underground; no overhead or above ground utilities are proposed for the development. 20.All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. All disturbed areas have been revegetated and are currently stable. The project's final walkthrough has been scheduled for the week of June 8cn Sincerely, WGM Group, Inc. __/� 4ex�� Ben Rankin, P.E. Project Engineer GUARANTEE Issued by First American Title Company 219 East Center Street/PO Box 1310, Kalispell MT 59901 Title Officer Marri Clark Phone: (406)752-5388 FAX-- (406)752-9617 Form 5010500 (7-1-14) Page 1 of 13 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 (7-1-14) Guarantee Face Page -Exclusions, Conditions and Stipulations Guarantee Face Page 5 First AmericanT1tic ISSUED BY First American Title Insurance Company GUARANTEE NUMBER Guarantee 5010500-905128-CT A M E R 1 Cq OV ems: First American Title Insurance Company Dennis J. Gilmora Prasidenr Jeffwv S_ Rabdnson Secretary Form 5010500 (7-1-14) Page 2 of 13 Guarantee Face Page - Exclusions, Conditions and Stipulations SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 2. 2. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured": the parry or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice 3. NO DUTY TO DEFEND OR PROSECUTE. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of Form 5010500 (7-1-14) Page 3 of 13 Guarantee Face Page - Exclusions, Conditions and Stipulations S. GUARANTEE CONDITIONS AND STIPULATIONS (Continued) this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third parry, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. DETERMINATION AND EXTENT OF LIABILITY. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Form 5010500 (7-1-14) Page 4 of 13 Guarantee Face Page - Exclusions, Conditions and Stipulations B. 10. 11. GUARANTEE CONDITIONS AND STIPULATIONS (Continued) Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to 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. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone:888-632-1642. Form 5010500 (7-1-14) Page 5 of 13 Guarantee Face Page - Exclusions, Conditions and Stipulations , & M E * Subdivision Guarantee 7 rst American Title Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5010500-905128-CT Subdivision or Proposed Subdivision: Northland Subdivision Phases 5A & 5B Order No.: 905128-CT Reference No.: Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Bridgeland Development, LLP FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654; THENCE N04004'04"E, ALONG THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 93 BYPASS (WIDTH VARIES), 1.45 FEET; THENCE N31053'58"E, ALONG SAID EAST RIGHT-OF-WAY LINE 183.29 FEET; THENCE S11024'47"E, 104.71 FEET; THENCE N78038'13"E, 133.53 FEET; THENCE S11021'47"E, 40.08 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF PARKRIDGE DRIVE (60.00 FEET WIDE) AND DESIGNATED AS POINT "A"; THENCE S78032'41"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, 172.65 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 371.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13033'21", AN ARC DISTANCE OF 87.78 FEET TO THE POINT OF BEGINNING. AND: A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Form 5010500 (7-1-14) Page 6 of 13 Guarantee Face Page - Exclusions, Conditions and Stipulations COMMENCING AT THE HEREIN ABOVE DESCRIBED POINT "A" THENCE N78032'41"E, ALONG THE NORTH RIGHT-OF-WAY LINE OF PARKRIDGE DRIVE (60.00 FEET WIDE) 49.18 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 430.00 FEET; THENCE ALONG SAID CURVE AND RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 01026'32", AN ARC DISTANCE OF 10.82 FEET TO THE POINT OF BEGINNING; THENCE N11021'47"W, 42.64 FEET; THENCE N78038'13"E, 102.50 FEET, THENCE N08028'47"W, 105.79 FEET; THENCE N04008'49"E, 350.74 FEET; THENCE N85051'11"W, 102.00 FEET; THENCE N04008'49"E, 30.00 FEET; THENCE S85051'11'E, 357.69 FEET; THENCE N46005'25;E, 85.96 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 120.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S57054'38'W; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10009'10", AN ARC DISTANCE OF 21.26 FEET TO POINT ON A REVERSE CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 180.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N68003'48"E, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25030'48", AN ARC DISTANCE OF 80.15 FEET; THENCE S47027'00"E, 40.79 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF NORTHLAND DRIVE (60.00 FEET WIDE) AND DESIGNATED AS POINT "B"; THENCE S42033'00"W, ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, 105.49 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 430.00 FEET: THENCE SOUTHERLY, ALONG SAID CURVE AND RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 38022'20", AN ARC DISTANCE OF 287.98 FEET; THENCE S04010'40"W, ALONG SAID RIGHT-OF-WAY LINE, 148.48 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF PARKRIDGE DRIVE (60.00 FEET WIDE); THENCE N85049'20"W, 206.13 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 430.00 FEET; THENCE WESTERLY, ALONG SAID CURVE AND RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 14011'27", AN ARC DISTANCE OF 106.50 FEET TO THE POINT OF BEGINNING; AND: A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE HEREIN ABOVE DESCRIBED POINT "B" THENCE N42033'OOE, ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF NORTHLAND DRIVE (60.00 FEET WIDE) 60.00 FEET TO THE POINT OF BEGINNING; THENCE N47027'00"W, 40.79 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 120.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25030'48" AN ARC DISTANCE OF 53.43 FEET TO A POINT OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 180.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N68003'48"E; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14007'27", AN ARC DISTANCE OF 44.37 FEET; THENCE N46005'25'E, 121.89 FEET; THENCE N04008'49'49' 94.81 FEET TO THE SOUTH LINE OF THE MOST SOUTHERN 20 ACRE TRACT SHOWN ON DEED EXHIBIT RECORDED SEPTEMBER 27, 1968 IN BOOK 501, PAGE 162; THENCE S86017'15'E, ALONG THE SOUTH LINE OF SAID 20 ACRE TRACT, A DISTANCE OF 71.57 FEET Form 5010500 (7-1-14) Page 7 of 13 Guarantee Face Page - Exclusions, Conditions and Stipulations TO THE SOUTHEAST CORNER THEREOF; THENCE N04011'26"E, ALONG THE EAST LINE OF SAID 20 ACRE TRACT, 99.86 FEET; THENCE S85049'06"E, 100.09 FEET; THENCE S04010'54"W, 60.10 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 110.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38051'58', AN ARC DISTANCE OF 74.62 FEET; THENCE S34041'05E, 48.10 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 730.00 FEET AND DESIGNATED AS POINT C, A RADIAL FROM LAST SAID POINT BEARS S30016;02"E, THENCE SOUTHWESTERLY, ALONG SAID CURVE AND THE NORTHWESTERLY RIGHT-OF-WAY LINE OF NORTHLAND DRIVE (60.00 FEET WIDE), THROUGH A CENTRAL ANGLE OF 17010'58", AN ARC DISTANCE OF 218.92 FEET; THENCE S42033'00'W, ALONG SAID RIGHT-OF-WAY LINE, 94.57 FEET TO THE POINT OF BEGINNING. AND: A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE HEREIN ABOVE DESCRIBED POINT "C" SAID POINT BEING ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 730.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S30016'02"E, THENCE NORTHEASTERLY, ALONG SAID CURVE AND THE NORTHWESTERLY RIGHT-OF-WAY LINE OF NORTHLAND DRIVE THROUGH A CENTRAL ANGLE OF 11038'45", AN ARC DISTANCE OF 148.38 FEET TO THE POINT OF BEGINNING; THENCE N18037'17"W, 58.64 FEET; THENCE N03032;41"E, 101.40 FEET; THENCE S85037'42"E, 590.00 FEET TO THE WEST RIGHT -OF WAY LINE OF NORTHLAND DRIVE (60.00 FEET WIDE); THENCE S04022'18'W, ALONG SAID RIGHT-OF-WAY LINE, 73.54 FEET TO A POINT OF A TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89010'23", AN ARC DISTANCE OF 31.13 FEET; THENCE N86027'19'W, ALONG THE NORTH RIGHT-OF-WAY LINE OF NORTHLAND DRIVE, 271.33 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 730.00 FEET; THENCE SOUTHWESTERLY, ALONG SAID CURVE AND RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 29004'05", AN ARC DISTANCE OF 370.35 FEET TO THE POINT OF BEGINNING. TO BE KNOWN AS NORTHLAND SUBDIVISION PHASES 5A AND 5B. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Bridgeland Development, LLP (B) Parties holding liens or encumbrances on the title to said lands are: Form 5010500 (7-1-14) Page 8 of 13 Guarantee Face Page - Exclusions, Conditions and Stipulations Deed of Trust dated November 15, 2019, to secure an original indebtedness of $1,605,000.00, and any other amounts and/or obligations secured thereby Recorded: November 22, 20189, as Instrument No. 2019-00030758 Grantor: Bridgeland Development, LLP Trustee: fidelity Title of Flathead Valley, LLC Beneficiary: American Bank (C) Easements, claims of easements and restriction agreements of record are: 2. 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. 3 E 0 7 0 a 10. 2020 taxes and special assessments are a lien; amounts are determined and 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 2019 $1,641.72 PAID $1,641.71 PAID AFFECTS: PREMISES AND OTHER PROPERTY. New assessor number has not been assigned yet. Parcel Number 0091420 (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. Easement for telephone facilities granted to Northwestern Telephone Systems, Inc., recorded December 2, 1982, in Book 756, Page 22, as Doc. No. 18051, records of Flathead County, Montana. Easement for underground facilities granted to Northwestern Telephone Systems, Inc., recorded March 19, 1987, as Doc. No. 87-231-11450, records of Flathead County, Montana. Resolution No. 4449 by the city council of the city of Kalispell for the Waterford of Flathead Valley Addition No. 289 to zone said property recorded May 11, 1999 as Instrument No. 1999-131-12420. Ordinance No. 1309 by the City of Kalispell for a planned unit development recorded June 15, 1999, as Instrument No. 1999-166-15010. Terms, conditions and restrictions contained in Waterford Planned Unit Development Agreement recorded June 15, 1999 as Instrument No. 1999-166-15010. Terms and conditions of Resolution No. 4871, recorded April 12, 2004, as Doc. No. 2004-103-15160, records of Flathead County, Montana. Form 5010500 (7-1-14) Page 9 of 13 Guarantee Face Page - Exclusions, Conditions and Stipulations 11. Amended Resolution -Designation of Controlled Access Highway and Facility, recorded February 11, 2010 as Instrument No. 2010-00003450. 12. Covenants, conditions, restrictions and easements contained in deed to the State of Montana recorded April 5, 2010, Instrument No. 2010-00007779 . 13. Covenants, conditions, restrictions and easements contained in deed to the State of Montana recorded April 5, 2010, Instrument No. 2010-00007780 . 14. Planned Unit Development Agreement upon the terms, conditions and provisions contained therein: Parties: Bridgeland Development, LLP and the City of Kalispell Recorded: February 25, 2011, Instrument No. 2011-00004266 15. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 19653 and 19654, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restriction violate 42 USC 3604 (c). 16. Road Easement & Agreement Agreement upon the terms, conditions and provisions contained therein: Parties: Waterford on Summit Ridge, LLC and Bridgeland Development LLP Recorded: December 13, 2013, Instrument No. 2013-00031218 17. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the Proposed Plat of Northland Subdivision Phases 5A & 5B„ 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). 18. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and Environmental Services, on the proposed Plat of Northland Subdivision Phases 5A & 5B. Date of Guarantee: June 05, 2020 at 7:30 A.M. First American Title Company By: Authorized Countersignature Form 5010500 (7-1-14) Page 10 of 13 Guarantee Face Page - Exclusions, Conditions and Stipulations FirstAi-ncrican 771tic'°' Privacy Notice Effective: November 1, 2019 Notice Last Updated: November 1, 2019 This Privacy Notice describes how First American Financial Corporation and its subsidiaries and affiliates (together referred to as "First American," "we," "us," or "our' collect, use, store, and share your information. This Privacy Notice applies to information we receive from you offline only, as well as from third parties. For more information about our privacy practices, please visit https://www.firstam.com/privacy-policy/index.html. The practices described in this Privacy Notice are subject to applicable laws in the places in which we operate. What Tvne of Information Do We Collect About You? We collect both personal and non -personal information about and from you. 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The following is a list of the categories of personal information of California residents we may have disclosed for a business purpose in the 12 months preceding the date this Privacy Notice was last updated: The categories of personal information we have collected include, but may not be limited to: real name; signature; alias; SSN; physical characteristics or description, including protected characteristics under federal or state law; address; telephone number; passport number; driver's license number; state identification card number; IP address; policy number; file number; employment history; bank account number; credit card number; debit card number; financial account numbers; commercial information; internet or other electronic network activity; geolocation data; audio and visual information; professional or employment information; and inferences drawn from the above categories to create a profile about a consumer. © 2019 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Cy ` I A M E R, C q2 SUBJECT BJ ECT o , SCALE 1 " = 400' THIS MAP IS PREPARED ONLY FOR THE ADMINISTRATIVE USE OF FLATHEAD COUNTY AND IS NOT NECESSARILYAN ACCURATE Ll PRESENTATION OF THE LOCATION OR EXISTENCE OF TRACTS OF RECORD, THEIR BOUNDARIES OR EASEMENTS AND ROADWAYS. 04116/20 This map is provided solely for the purpose of assisting in locating the Land, and the Company assumes no liability for variations, if any, with actual survey. Consent to Platting and Dedication: Pursuant to 76-3-612, M.C.A, the undersigned American Bank, Lender under that certain Deed of Trust identified as follows: Date: June 19, 2020 Grantor/Borrower: Bridgeland Development, LLP Document Number: #201900030758 Jgr-J Aooq 6110o Signature and Title (/ilre- dj�,.� Printed Name and Date Does hereby join in and consent to the platting of the following described lands located in Flathead County, Montana, which lands are subject to the lien of the above referenced Lendor: Acknowledgement * * * * * State of Montana )ss County of Flathead) JAY BARNES �= Notary Public :'NOTA1111 for the State of Montana * _ * _ SEAL .=Q,; Residing at: Whitefish, Montana 'X%, My Commission Expires: October 29, 2023 This instrument was acknowledged before me on this t 1+(� day of . y% t , 2020 LEGAL DESCRIPTION: PERIMETER A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, DESIGNATED AS POB 1; THENCE N04°04'04"E, ALONG THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 93 BYPASS (WIDTH VARIES), 1.45 FEET; THENCE N31053'58"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 183.29 FEET; THENCE S11024'47"E, 104.71 FEET; THENCE N78-38'13"E, 133.53 FEET; THENCE S 11°21'47"E, 40.08 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF PARKRIDGE DRIVE (60.00 FEET WIDE) AND DESIGNATED AS POINT "A"; THENCE S78032'41"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, 172.65 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 37 1. 00 FEET; THENCE ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 13033'21", AN ARC DISTANCE OF 87.78 FEET TO THE POINT OF BEGINNING; CONTAINING 0.34 ACRES, MORE OR LESS. TOGETHER WITH: A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A"; THENCE N78032'41"E, ALONG THE NORTH RIGHT-OF-WAY LINE OF PARKRIDGE DRIVE (60.00 FEET WIDE), 49.18 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 430.00 FEET; THENCE ALONG SAID TANGENT CURVE AND NORTH RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 01026'32", AN ARC DISTANCE OF 10.82 FEET TO THE POINT OF BEGINNING, DESIGNATED AS POB 2; THENCE N11021'47"W, 42.64 FEET; THENCE N78-38'13"E, 102.50 FEET; THENCE N08028'47"W, 105.79 FEET; THENCE N04008'49"E, 350.74 FEET; THENCE N85°51'11"W, 102.00 FEET; THENCE N0400814911E, 30.00 FEET; THENCE S85051' 11"E, 357.69 FEET; THENCE N46005'25"E, 85.96 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 120.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S57054'38"W; THENCE ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 10009'10", AN ARC DISTANCE OF 21.26 FEET TO POINT ON A REVERSE CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 180.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N68003'48"E; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25030'48", AN ARC DISTANCE OF 80.15 FEET; THENCE S4702710011E, 40.79 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF NORTHLAND DRIVE (60.00 FEET WIDE) AND DESIGNATED AS POINT "B"'; THENCE S42033'00"W, ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, 105.49 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 430.00 FEET; THENCE SOUTHERLY, ALONG LAST SAID TANGENT CURVE AND RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 38022'20", AN ARC DISTANCE OF 287.98 FEET; THENCE S04010'40"W, ALONG SAID RIGHT-OF-WAY LINE, 148.48 FEET TO A POINT ON THE NORTH RIGH111- F=WAY OF-PARKRIDGE DRIVE-(W.WFEET WIDE); THENCE N85049'20"W, 206.13 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 430.00 FEET; THENCE WESTERLY, ALONG LAST SAID TANGENT CURVE AND RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 14011'27", AN ARC DISTANCE OF 106.50 FEET TO THE POINT OF BEGINNING; CONTAINING 3.80 ACRES, MORE OR LESS. TOGETHER WITH: A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE HEREINABOVE DESCRIBED POINT "B"; THENCE N42°33'00"E, ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF NORTHLAND DRIVE (60.00 FEET WIDE), 60.00 FEET TO THE POINT OF BEGINNING, DESIGNATED AS POB 3; THENCE N47027'00"W, 40.79 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 120.00 FEET; THENCE NORTHWESTERLY, ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 25030'48", AN ARC DISTANCE OF 53.43 FEET TO A POINT ON A REVERSE CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 180.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N68003'48"E; THENCE NORTHWESTERLY, ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 14007'27", AN ARC DISTANCE OF 44.37 FEET; THENCE N46°05'25"E, 121.89 FEET; THENCE N04110814911E, 94.81 FEET TO THE SOUTH LINE OF THE MOST SOUTHERN 20 ACRE TRACT SHOWN ON DEED EXHIBIT RECORDED SEPTEMBER 27, 1968 IN BOOK 501, PAGE 162, ON FILE AND OF RECORD IN FLATHEAD COUNTY; THENCE S86°17'15"E, ALONG THE SOUTH LINE OF SAID 20 ACRE TRACT, A DISTANCE OF 71.57 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE N04011'26"E, ALONG THE EAST LINE OF SAID 20 ACRE TRACT, 99.86 FEET; THENCE S85049'06"E, 100.09 FEET; THENCE S04010'54"W, 60.10 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 110.00 FEET; THENCE SOUTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 38051'58", AN ARC DISTANCE OF 74.62 FEET; THENCE S34041'05"E, 48.10 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 730.00 FEET AND DESIGNATED AS POINT "C", A RADIAL FROM LAST SAID POINT BEARS S30016'02"E'; THENCE SOUTHWESTERLY, ALONG SAID NON -TANGENT CURVE AND THE NORTHWESTERLY RIGHT-OF-WAY LINE OF NORTHLAND DRIVE (60.00 FEET WIDE), THROUGH A CENTRAL ANGLE OF 17010'58", AN ARC DISTANCE OF 218.92 FEET; THENCE S42033'00"W, ALONG SAID RIGHT-OF-WAY LINE, 94.57 FEET TO THE POINT OF BEGINNING; CONTAINING 1.26 ACRES, MORE OR LESS. TOGETHER WITH: A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE HEREINABOVE DESCRIBED POINT "C", SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 730.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S30°16'02"E; THENCE NORTHEASTERLY, ALONG SAID CURVE AND THE NORTHWESTERLY RIGHT-OF- WAY LINE OF NORTHLAND DRIVE THROUGH A CENTRAL ANGLE OF 11038'45", AN ARC DISTANCE OF 148.38 FEET TO THE POINT OF BEGINNING, DESIGNATED AS POB 4; THENCE N18037'17"W, 58.64 FEET; THENCE NO3°32'41"E, 101.40 FEET; THENCE S85037'42"E, 590.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF NORTHLAND DRIVE (60.00 FEET WIDE); THENCE S04022'18"W, ALONG SAID RIGHT- OF-WAY LINE, 73.54 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 89010'23", AN ARC DISTANCE OF 31.13 FEET; THENCE N86027'19"W, ALONG THE NORTH RIGHT-OF-WAY LINE OF NORTHLAND DRIVE, 271.33 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 730.00 FEET; THENCE SOUTHWESTERLY, ALONG LAST SAID TANGENT CURVE AND SAID RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 22°09'58", AN ARC DISTANCE OF 282.42 FEET TO THE POINT OF BEGINNING; CONTAINING 1.44 ACRES, MORE OR LESS. NORTHLAND SUBDIVISION PHASES 5A & 5B CONTAINS 6.83 ACRES, MORE OR LESS, BEING SURVEYED AND MONUMENTED ACCORDING TO THIS PLAT. 4 Return to: Aimee Brunckhorst Kalispell City Clerk 201 1" Avenue East Kalispell, MT 59901 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this l day of , 20 U , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and _Bridgeland Development LLP.. _ (Name of Developer) a ._ Company (Individual, Company or Corporation) located at 315 Parkland Drive #4 Kalispell, MT 59937 (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Northland Phase 5A. & 5B _ (Name of Subdivision) located at NW 1/4 Section 1, T28N, R22W, P.M.M., Flathead County Montana (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Northland Phase 5A & 5B , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B'; and WHEREAS, the estimated total cost of construction of said improvements is the sum of s $87,486.60 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ $109,358.25 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum. of $ $109,358.25 the estimated cost of completing the required improvements in N ort h I a n d P h ase 5A .& 5 B (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by Mayll , 20_2_Q_. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Bridaeland Development Ll_P (Name of Subdivision/Dev /Firm) by A- y (Na (Title) STATE OF MONT�4NNA COUNTY OF ���� On this t� day of kq C T , 20 ZO , before me, a Notary Public for the State of Montana, personally appeared 06"f r4 { -! fS , known to me to be the Q wof i` d 9 CA CV4 V- VAa VM, 'L ,whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. C+�� LA-- A�:� Notary Ablic for the State of Montana Printed Name �4 0-�w C"— Residing at S l I My Commission Expires MAYOR, CITY OF KALISPELL MAYOR r,aruCYNTHIATt1DHOPE Notary Public for the 6'Nqt.n'.1' State of Montana g' Beal r��: ' Residing at KALISPELL, MT My Commission Expires February 13, 7023 ATTEST: CITY CLERK Project Name: NORTHLAND PHASE 5A & 5B VVGM Project Number: 160330 Owner: BRIDGELAND DEVELOPMENT, LLP Bonding Date: JULY21, 2020 EXHIBIT "B" CERTIFICATION OF WORK TO BE 4& WG M G R 0 U P COMPLETED Completed as of Bonding Date Total final Construction Construction Quantity Costs Quantities and Costs Line Item Item Description Unit Quantity Unit Price Tots; Quantity Current Total Schedule 1- Site Work 1,1 Mobilitatipn, Submittals & Permits LS 1 $26,000,00 $25,000.00 0,7500 519,500.00 1.2 Erosion Control Measures IS $19,amm S19,800.00 0.7500 S14,8%o 1.3 Traffic Control LS i $51500100 $5,500.OU 1-00W $SS00.00 1.4 Construction Survey & Material Testing €5 1 565,525.00 %5,525.0o 1.00DO $65,525.00 1.5 Exploratory Excavation Hr. 30 S235.00 $7,050.00 30 $7,050W 1,6 Strip & Stockpile/Respread Topsoil (not including existing topsail berml Cy 16947 $4.95 $83,687.65 16947 $83,887.65 1.7 Earthwork Embankment & Excavation Cy 21800 $5.96 $129,928OQ 21800 $129.928,00 1.8 Seeding and Restoration Sir 10473 $0.55 $5,760.15 10473 55,760.15 SCHEDULE 170TAL $343,450.80 $332,000.80 Schedule 2 - Roads & Sidewalks 2-1 Stabilitation Fabric (Mimfi SDOX or Approved Equall Sy 734 $1-83 $1,343.22 734 $1.343, 22 2.2 1.5' Minus Select Subbase Material (9" depth) Cy Z48 546.12 $11,437.76 248 $11,437.75 2.3 314" Minus Base Course Material (6' depth) Cy 165 S67.84 $11,193.0 165 $11,193.60 2.4 4" Asphalt SY 827 S25.75 S21,303.52 827 S21,303.52 2.5 Curb & Gutter LF 366 $33.97 $12,396,42 366 512,396,42 2.6 Sidewalks 14' Concrete, 6" base, T width) SF 9469 $4.95 $46,871.55 7,663 S37,931.85 2.7 ADA Ramp (includes truncated dames) FA 1 $1,125.00 S1,125.00 1 $1,125.00 zR Boulevard (4" topsoil, seeding, 9' width) Cy 197 $59.57 S11,735.29 197 $11,735.29 2.9 Asphalt Removal (includes cleanline sawcut Independent of asphalt thiclu es Sy 713 $21.80 $15,543AO 7L3 $15.543.40 2.10 Mail Facility LS 1 $2,150.00 $2,150.00 1 $2,15C_00 SCHEDULE 2 TOTAL $135,099.76 $126,160.06 Schedule 3 - Water System 3.1 3/4' Damest'sc Service from Existing Water Main Inot including pavement re FA 14 $3,875.Da $54.250-00 I4 $54,250.00 SCHEDULE 3 TOTAL 554,2511.00 $54,2$0.00 Schedule 4 - Sewer System 4_k 4" Service from Existing Sewer Main (not including pavement removal & rep EA 14 $3,65000 $S1,10C.U0 14 $Suclo.00 SCHEDULE 4 TOTAL $51,100.D0 S51,100.00 Schedule 5 - Stormwater Management 5.1 3D' I.D. CatchbasFn (with Casting, Apron, and RLngsl EA 1 S2,150.00 $2,15Q.t1t1 1 S2,150.00 5.2 48" I.D. Manhole (with Casting, Apron, and Rings) EA 12 $2,750.00 $33,OW 00 12 $33,0W.00 S.3 60' I.D. Manhole (with Casting, Apron, and Rings) EA _ $3,625.00 $7,250.00 2 $7,250.00 5.4 Water Quality Unit EA - $11,500.00 $11,5W.00 1 511,SW.Oo 5.5 Pond Outlet 5truLture EA 2 $5,100.00 $10,200.00 2 $9,690.00 5.6 12" Storm Drain -SDR 35 LF 98 S43.22 $4,235.56 98 $4,235.56 5.7 18'Storm Drain -SDR35 LF 1477 $43.63 $64,441-51 1,477 $64 441.51 5.8 24'Storm Drain -SDR 35 LF 1310 $56.33 S73,792.30 1,310 $73,792.31) 5.9 12` Flared End Section FA 1 $370.00 $370.00 1 $370.0U 5.10 18" Flared End Section EA _ 5495.00 $495.00 1 $495.00 5.21 24' Flared End Section EA 1 $625.00 S625.00 1 562500 5.12. Stormwater Pond (shaping, top soil replacement, seeding, access route, and LS 1 $35,OW.00 535,OW 00 1 535,000,00 SCHEDULE 5 TOTAL $243,059.37 $242,544.37 Schedule 6 - Dry Utilities, Street Lighting, and Signage 6-1 3" SCH 40 PVC Eectnca€ Conduit & Joint Trench LF 85U $11.97 S10,174.50 850 $10,174.50 6.2 Secondary Electrical Pedestal EA 5 $125.00 $750 W 6 $750 00 6.3 Single Phase Concrete Vault EA 2 $1,100.00 $2,100-00 2 $2,200.00 SCHEDULE 6 TOTAL $33,124.so $13.124.50 Schedule 7 - Punch List Items (In Addition to Contract work) 71 Sidewalk Remove and replace SF 51.95 $2,673,00 0 $0.00 SCHEDULE 7 TOTAL $2,673.00 $0.00 Schedule 8- Landscape and Parks Items 8.1 Permitting _ 8.2 Park Area and Boulevard Topsoil 8espread (6- Depth) _. 1740 8.3 Park Area and Boulevard Seeding 5V 10414 94 2" Irrigation Service (Including Meter Pit and Curbstop) EA 8.5 2" Class 200 PVC Irrigation Line LF 959 8.6 1" Poly Lateral Irrigation line 1F 2049 9.7 2" Backflow Preveter EA 1 8.7 Automatic Controller EA I 8.8 Irrigation heads FA 50 8.9 Irrigation Service Impact Fees EA 1 52,000.00 52,0D0.00 0 $0.00 $5.50 S9,570.00 0 $O.DD 51.35 $14,058.90 ❑ S0.D0 51%cloo.00 $10,000.DO D $0.00 $6.00 $5,814.00 0 $t790 $3.00 $6,144.00 0 $0.00 $500,00 $3 2D❑ 0p $SW.00 $3,200.00 0 0 $0.00 $0.00 $50.D0 $2 50000 0 $0.00 $10,127.00 $10,127.00 0 S0.00 SCHEDULE 8TOTAL $63,913,90 $0,00 $0.00 CIVIL CONSTRUCTION BASE BID TOTAL $906,671.33 $819,194In TOTAL PROJECT BUDGET $9❑6,671,33 SR19,184. TOTAL ESTIMATED COST OF CONSTRUCTION AMOUNT COMPLETED PRIOR TO BONDING AMOUNT OF REMAINING WORK PRIOR TO BONDING AMOUNT OF BOND (125% OF REMAINING WORK(" AS PROJECT ENGINEER FOR NORTHLAND PHASE 5A AND SIB, I CERTIFY THAT THE WORK LISTED HEREIN is CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE! THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: SECURITY HELD AT 125%OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: CASHIERS CHECK SENT TO KALI5PELL PUBLIC WORKS LANDSCAPE AND PARKS BOND REMAINING $906,671.33 $819,184.73 $87,486.60 $109,358.25 $25,465.97 $79,892.38 MIKE BRODIE, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: November 21, 2020 Approximate percentage of completed work as of bonding date: 90% — A L PHASE 5A/5B LANDSCAPE AREA BONDING EXHIBIT - — — — — — — — — - -- -- ' � 1" PVC IRR LINE 1 2" PVC IRR LINE _ f- - CONNECT TO MAIN IN PHASE 5D 1 e r � _ IRRIGATION LINES SHOWN ARE FOR ILLUSTRATIVE PURPOSES ONLY, SEE LANDSCAPE PLAN FOR HEAD PLACEMENT LOCATIONS RED AREA = 47,904 SF TO BE TOPSOILED AND SEEDED 1 ++ = BOULEVARD AREA ,+ (NOT INCLUDED IN PARK AREA CALCS) 1 06/15/2020 18:50 4067585519 PLAT ROOM PAGE 01/01 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY : WGM FOR : Bridgeland Development LLP DATE : 6/11/2020 DESCP : Tr 1CA in 1-28-22 PURPOSE: Northland Sub Ph 5A & 5B YEARS ASSESSOR # 2015 Thru 2019 0091420 1 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. J U N 16 2020. / Deputy Treasurer (seal) �t\r AD Cc 35 Zu 1tf \ ` �Or'�rTANk -WfN"*W6 CITY OF KALISPELL June 6, 2020 Kristine McMahon, PLS Professional Land Surveyor WGM Group 431 1st Ave West Kalispell, MT 59901 Re: Northland Phase 5 A & B Dear Ms. McMahon: The Final Plat for Northland Subdivision Phases 5A and 5B (dated May 5, 2020) has been reviewed by the Department of Public Works to ensure conformance with the City of Kalispell Design and Construction Standards for required easements and right-of-ways. All required easements and right-of-ways have been determined to be acceptable. Sincerely, Keith Haskins, PE City Engineer cc: Jarod Nygren — Planning Director 201 1' Avenue E Phone (406)758-7720 Po Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.com September 6, 2018 Mr. Benjamin J. Rankin, PE Project Engineer WGM Group, Inc. 431 1st Avenue West Kalispell, MT 59901 RE: Northland Subdivision Phase 5A & 5B - Engineering Approval Dear Mr. Rankin, The construction drawings and other included submittals dated September 5, 2018 for the above project are hereby approved. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the City Standards currently in effect. If more than 18 months lapse before completing construction, plans and specifications must be resubmitted and approved before construction continues. Any modifications made to these approved plans shall be submitted for review prior to construction. This approval is for the Public Works Department only and not does necessitate full City approval. If additional approvals from other City Departments are required they should continue to be pursued. 2011' Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831 www kalispelLcom Please contact Mark Crowley at (406)249-2485 to set up a pre -construction meeting prior to beginning construction. A Right -of -Way, and Stormwater permit must be obtained by the prime contractor for this project. At project completion, please provide the City with hard copy and electronic record drawings. We look forward to working with you on this project. Sincerely, f �� Patrick Jentz, PE Cc: Emily Gillespie, PE Keith Haskins, PE Mark Crowley, MDEQ City Engineer Construction Manager 2011' Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831 www kalispelLcom October 04, 2019 Amy Williams LHC Inc. PO Box 7338 Kalispell, MT 59904 Re: Approval letter for City Stormwater Management Permit Number SW19-0158 for project site: Northland Subdivision Ph 5 Dear Permittee: As of July 17th, 2017, all stormwater permits must be reviewed and approved before the commencement of any land disturbing activity. This letter serves as an approval letter to begin land disturbance for the above -referenced project site. You are required to: (1) Implement the City Stormwater Management Plan prior to any land disturbance (2) Develop and maintain best management practices (3) Terminate the permit once the site is properly stabilized To keep track of current projects, yearly renewal is required. If your project will continue past December 31 st of the current year, permit renewal is required. Failure to renew your permit before January 1 st of next year may incur a late fee. Please review and follow the City Stormwater Management Ordinance 1600 (www.kalispell.com) and the Erosion and Sediment Control Best Management Practices Reference Manual (www.mdt.mt.gov/research/projects/env/erosion.shtml). Note: This permit is separate from any permit required by other governmental agencies and does not waive any obligation by you to obtain other permits or approvals that may be required. If you have any questions, please call 406-758-5705 or email clewis(a)kalispell.com. Sincerely, /n Casey Lewis Environmental Specialist Public Works Department City of Kalispell 201 1st Avenue East, P.O. Box 1997, Kalispell, MT 59903 -Phone (406) 758-7720 -Fax (406) 758-7831, www.kalispell.com Montana DeEMQII�, partment of Environmental Quality March 26, 2019 Brett Walcheck WGM Group 151 Buisness Center Loop Suite A Kalispell MT 59901 RE: Northland PUD Phase 5 Municipal Facilities Exclusion EQ# 19-1759 City of Kalispell Flathead County Dear Mr. Walcheck; This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, Rachel :lark Department of Environmental Quality Engineering Bureau Public Water & Subdivision Review (406) 444-6722 email rclark(cr�mt.gov cc: City Engineer County Sanitarian Owner file Steve Bullock, Governor I Shaun McGrath, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov D E Montana Department of Environmental Quality October 02, 2019 Jeff Claridge Northland Subdivision LHC INC Po Box 7338 Kalispell, MT 59904 RE: Confirmation Letter, Notice of Intent (NOI) MTR108127 Northland Subdivision Dear Jeff Claridge: The Department of Environmental Quality (DEQ) acknowledges the receipt of your complete application package (NOI and SWPPP) to discharge under the January 01, 2018, General Permit for Storm Water Discharges Associated with Construction Activity (SWC-GP) on 10/3/2019. Your authorization number under the SWC-GP is MTR108127. Please include this number on any correspondence with DEQ regarding this site. This letter confirms only that a complete NOI has been received. DEQ does not assess the validity of the information you provided other than project location as it relates to sage grouse habitat. Your signature on the NOI certifies that you have read, understand, and are implementing all applicable requirements. Specifically, the SWC-GP: Requires implementation of a Storm Water Pollution Prevention Plan (SWPPP), Defines the inspection process, and Defines record keeping requirements (refer to Part 2.5 of the General Permit). The SWC-GP and additional guidance materials can be viewed and downloaded at http://deq.mt.gov/Water/WPB/mpdes/stormwaterconstruction. Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT). Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees each calendar year until a complete NOT is received. Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits. If you have questions regarding SWC-GP requirements, please contact the Water Protection Bureau at (406) 444-3080. Sincerely, --- Deanna Tarum Data Control Specialist CITY OF KALISPELL July 31, 2020 Mike Brodie, PE WGM Group 431 1st Ave West Kalispell, MT 59901 Re: Northland 5A and 5B Dear Mr. Brodie The purpose of this letter is to indicate all public infrastructure constructed for the Northland 5A and 5B Subdivisions and/or currently owned by the City of Kalispell have been designed and constructed in accordance with MDEQ and City Design and Construction Standards, and are considered accepted by the City of Kalispell. All existing infrastructure was installed by previous phases and is currently in place to serve the current phases. A bond is in place for incomplete items for this phase. 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 KALISPELL FIRE DEPARTMENT Dave Dedman — Fire Chief PO Box 1997 Jon Campbell — Assistant Fire Chief 312 First Avenue East Cec Lee — Executive Secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 Thursday, October 4, 2018 Bridget Roskam, E.I. WGM Group 431 1" Ave W. Kalispell, MT 59901 Re: Northland phase 5A, 513 Dear Bridget, After reviewing the plan set and fire flow results for the Northland 5A, 513 associated with your October 3, 2018 correspondence I find the fire flow, fire hydrant location and street accessibility acceptable. If you have any additional questions please feel free to contact me. Dave Dedman, Fire Chief City of Kalispell "Protecting our community with the highest level ofprofessionalism." CITY OF KALISPELL July 1, 2020 Westcraft Homes, Inc. 315 Parkway Drive Kalispell, MT 59901 Re: Northland, Phase 5A & 5B Dear Westcraft Homes, Inc.: Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7718 Fax (406) 758-7719 This letter is to serve as approval of the landscaping agreement submitted and dated June 26, 2020 for boulevard trees and planting in Northland, Phase 5A & 5B. This agreement stipulates that developer will pay the city $444.15 per tree to be planted. A total of nineteen (19) trees will be planted for a total cost of $8,438.85. The developer and/or property owner will be responsible for any boulevard prep, seeding or sod. This developer's agreement is solely for trees and no other landscaping in Northland, Phase 5A & 5B. We are in receipt of your check numbered 21435 for the amount of $8,438.85 to cover the planting of nineteen (19) trees in Northland, Phase 5A & 5B. As the lots are developed and landscaping completed, please have the property owners call our office to schedule the tree plantings. If you have questions regarding the timing involved to plant trees or any concerns, feel free to contact me. Sincerely, Fred Bicha, Parks Superintendent CC: Chad Fincher, Parks and Recreation Director Jarod Nygen, Planning Department Julie Hawes, Finance Department 306 I'Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7718— Fax (406)758-7719 www.kalispelfcom CITY OF KALISPELL August 11, 2020 Kalispell Planning Department Attn: PJ Sorenson P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Re: Northland Phase 5A/B Dear PJ: Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 This letter is to serve as conditional approval on the proposed landscaping plans for Northland phase 5A/B, per plans submitted by WGM on August 10. Tree plantings are required to meet the Street Tree Ordinance standards of 2 1/4" caliper and have a 4-foot fibrous mulch around them in addition to meeting ISA planting standards. Rock in the boulevards and adjacent to the public way is not permitted. Boulevard and parkland seeding needs to be a turf blend and not a dryland mix. Any landscape revisions or substitutions need to be authorized prior to installation. Each phase will require a detailed landscape plan to be approved including playgrounds and other amenities. Prior to approval of future phases, an exhibit map depicting the breakdown of parkland dedication and of the amenities included will need to be submitted for approval. They will need also need to coordinate with Public Works for any permits/approvals of working in the right of ways prior to working in the right of way. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time any bonding that has been submitted will be released. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. If you have any concerns or questions, please give me a call. Sincerely, 0� �— Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation December 18, 2019 United States Postal Service 350 N. Meridian Rd. Kalispell, MT 59901 To Whom It May Concern the contractor has meet with the USPS and the property listed has meet all the postal regulations and standards. If you have and questions please feel free to call. Don Landis Supervisor Customer Service Kalispell, MT 59901 (406) 755-6450 This is for the: Northland Phase 5 4"VAWGMGROUP Community Values_ Inspired Futures. May 26, 2020 City of Kalispell Public Works Department Attn: Mark Crowley 201 1st Avenue East Kalispell, MT 59901 Re: Northland Subdivision Phase 5A & 5B Stormwater System Certification Dear Mark: For the purpose of meeting final plat requirements, WGM Group, Inc. certifies that the stormwater system improvements installed to date serving the Northland Phase 5A & 513 subdivision have been completed and tested in substantial conformity with the approved WGM Group, Inc. construction plans and specifications dated 10/18/18 and approved construction modifications. These improvements consist of stormwater pipes, catch basins, inlet grates, and curb and gutter. The majority of the stormwater system (ponds, control structures, WQ unit, conveyance pipes, and manholes are located outside of the City Right-of-way and will be privately maintained by the Northland Subdivision HOA. Any punch list items will be addressed at project completion. If you have any questions or would like additional information, please feel free to give me a call at 756-4848 or email me at brankin(c&wgmgroup.com. Sincerely, WGM Group, Inc. Benjamin J. Rankin, PE PROJECT ENGINEER 431 15t Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com DECLARATION OF ANNEXATION TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF NORTHLAND SUBDIVISION This Declaration of Annexation is executed on this _�) day of July 2020, by Bridgeland Development, LLP, a Montana company (hereinafter referred to as the "Developer") RECITALS: Developer has executed and recorded written Declaration of Covenants, Conditions and Restrictions of Northland Subdivision Phase I dated September 9, 2005, and recorded on September 15, 2005 with the office of the Flathead County Clerk and Recorder, Document Reception No. 20052581S000 (hereinafter referred to as the "Declaration"); and Pursuant to the terms and conditions of the Declaration, specifically Article IX thereof, the Developer retains the right to expand the effect of this Declaration to include all or part of the Expansion Property which is defined in Article 1, Section 1.1; and The Developer has opted to expand and include Northland Subdivision Phase 5A and 513, all of which is shown on the legal and plat attached hereto as Exhibit "A" ACCORDINGLY, the undersigned Developer hereby annexes into the Declaration as follows: 1. All of the above and foregoing Recitals form a part of the operative and substantive provisions of this Annexation. 2. The addition of real property now owned or owned in the future by Declarant identifies in Phase 5A and 56 shall be shown and described on the legal and plat attached hereto as Exhibit "A: 3. The Annexation of Phase 5A and 58 shall be effective upon the date that this document is recorded in the office of the Flathead County Clerk and Recorder. 4. Except as annexes by this Declaration shall be and remain the sane and in full force and effect. 5. Let this document serve as notice to all future purchasers that all lots in Phase 5A and 5B are subject to the Covenants, Conditions and Restrictions of Northland Subdivision Phase I dated September 9, 2005 and recorded on September 15, 2005 with the office of the Flathead County Clerk and Recorder, Document Reception No. 200525815000. IN WITNESS WHEREOF, the Developer has executed this Declaration of Annexation effective the date and year first above written. Developer: Bridgeland Development, LLP By: --� Marv' alts, P ident State of Montana / Flathead County This instrument was acknowledged before me this (o day o�Ay, 2020 by Marvin Galts, President of Bridgeland Development, I.I.P. eqA4,16 ary Vublic for the State of Montana ru�oy CYNTHIATUDHOPE \off+' Notary Public for the x Notarial \. �: State of Montana Seal Residing at KALISPELL, MT �%ry My Commission Expires Forte February 13, 2023 Exhibit "A" CERTIFICATE OF DEDICATION:THEUNDERSIGNEDHEREBY CERTIFIES THAT IT HAS CAUSED TO BE SURVEYED, SUBDIVIDED AND PLATTED INTO LOTS & OPEN SPACES AS SHOWN ON THIS PLAT, THE FOLLOWING DESCRIBED TRACT OF LAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS: L E G A L D E S C R I P T 10 N: PERIMETER A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, DESIGNATED AS POB 1; THENCE N0400410411E, ALONG THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 93 BYPASS (WIDTH VARIES), 1.45 FEET; THENCE N31053'58"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 183.29FEET; THENCE S11°24'47"E, 104.71 FEET; THENCE N78038'13"E, 133.53 FEET; THENCE S11°21'47"E, 40.08 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF PARKRIDGE DRIVE (60.00 FEET WIDE) AND DESIGNATED AS POINT "A"; THENCE S78°32'41"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, 172.65FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 37 1. 00 FEET; THENCE ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 13033'21", AN ARC DISTANCE OF 87.78 FEET TO THE POINT OF BEGINNING; CONTAINING 0.34 ACRES, MORE OR LESS.TOGETHER WITH: A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A"; THENCE N78032'41"E, ALONG THE NORTH RIGHT-OF-WAY LINE OF PARKRIDGE DRIVE (60.00 FEET WIDE), 49.18 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 430.00 FEET; THENCE ALONG SAID TANGENTCURVE AND NORTH RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 01026'32", AN ARC DISTANCE OF 10.82 FEET TO THE POINT OF BEGINNING, DESIGNATED AS POB 2; THENCE N11°21'47"W, 42.64 FEET; THENCE N78038'13"E, 102.50 FEET; THENCE N08°28'47"W, 105.79 FEET; THENCE N04008'49"E,350.74 FEET; THENCE N85°51'11"W, 102.00 FEET; THENCE N04008'49"E, 30.00 FEET; THENCE S85°51' 11"E, 357.69 FEET; THENCE N46°05'25"E, 85.96 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 120.00 FEET, A RADIAL FROM LAST SAID POINT BEARSS57054'38"W; THENCE ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 10°09' 10", AN ARC DISTANCE OF 21.26 FEET TO POINT ON A REVERSE CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 180.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N68003'48"E; THENCESOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25030'48", AN ARC DISTANCE OF 80.15 FEET; THENCE S47027'00"E, 40.79 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF NORTHLAND DRIVE (60.00 FEET WIDE) AND DESIGNATED AS POINT "B"'; THENCE S42°33'00"W,ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, 105.49 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 430.00 FEET; THENCE SOUTHERLY, ALONG LAST SAID TANGENT CURVE AND RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 38022'20", AN ARCDISTANCE OF 287.98 FEET; THENCE S04010'40"W, ALONG SAID RIGHT-OF-WAY LINE, 148.48 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF PARKRIDGE DRIVE (60.00 FEET WIDE); THENCE N85049'20"W, 206.13 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF430.00 FEET; THENCE WESTERLY, ALONG LAST SAID TANGENT CURVE AND RIGHT-OF- WAY LINE THROUGH A CENTRAL ANGLE OF 14011'27", AN ARC DISTANCE OF 106.50 FEET TO THE POINT OF BEGINNING; CONTAINING 3.80 ACRES, MORE OR LESS.TOGETHER WITH: A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE HEREINABOVE DESCRIBED POINT "B"; THENCE N42°33'00"E, ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF NORTHLAND DRIVE (60.00 FEET WIDE), 60.00 FEET TO THE POINT OF BEGINNING, DESIGNATED AS POB 3; THENCE N4702710011W, 40.79 FEET TO A POINT ON A TANGENTCURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 120.00 FEET; THENCE NORTHWESTERLY, ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 25030'48", AN ARC DISTANCE OF 53.43 FEET TO A POINT ON A REVERSE CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF180.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N68003'48"E; THENCE NORTHWESTERLY, ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 14°07'27", AN ARC DISTANCE OF 44.37 FEET; THENCE N46005'25"E, 121.89 FEET; THENCE N04008'49"E, 94.81 FEET TO THE SOUTH LINE OF THE MOSTSOUTHERN 20 ACRE TRACT SHOWN ON DEED EXHIBIT RECORDED SEPTEMBER 27, 1968 IN BOOK 501, PAGE 162, ON FILE AND OF RECORD IN FLATHEAD COUNTY; THENCE S86017'15"E, ALONG THE SOUTH LINE OF SAID 20 ACRE TRACT, A DISTANCE OF 71.57 FEET TO THE SOUTHEAST CORNER THEREOF;THENCE N04011'26"E, ALONG THE EAST LINE OF SAID 20 ACRE TRACT, 99.86 FEET; THENCE S85049'06"E, 100.09 FEET; THENCE S04010'54"W, 60.10 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 110.00 FEET; THENCE SOUTHERLY ALONG LAST SAIDTANGENT CURVE THROUGH A CENTRAL ANGLE OF 38051'58", AN ARC DISTANCE OF 74.62 FEET; THENCE S34041'05"E, 48.10 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 730.00 FEET AND DESIGNATED AS POINT "C", A RADIAL FROM LAST SAIDPOINT BEARS S30016'02"E ; THENCE SOUTHWESTERLY, ALONG SAID NON -TANGENT CURVE AND THE NORTHWESTERLY RIGHT-OF-WAY LINE OF NORTHLAND DRIVE (60.00 FEET WIDE), THROUGH A CENTRAL ANGLE OF 17010'58", AN ARC DISTANCE OF 218.92 FEET; THENCE S42033'00"W, ALONG SAIDRIGHT-OF-WAY LINE, 94.57 FEET TO THE POINT OF BEGINNING; CONTAINING 1.26 ACRES, MORE OR LESS. TOGETHER WITH: A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE HEREINABOVE DESCRIBED POINT "C", SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 730.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S30016'02"E; THENCE NORTHEASTERLY, ALONG SAID CURVE AND THE NORTHWESTERLY RIGHT-OF-WAYLINE OF NORTHLAND DRIVE THROUGH A CENTRAL ANGLE OF 11038'45", AN ARC DISTANCE OF 148.38 FEET TO THE POINT OF BEGINNING, DESIGNATED AS POB 4; THENCE N18037117"W, 58.64 FEET; THENCE N03032'41"E, 101.40 FEET; THENCE S85°37'42"E, 590.00 FEET TO THE WEST RIGHT-OF-WAY LINE OFNORTHLAND DRIVE (60.00 FEET WIDE); THENCE SO4°22'18"W, ALONG SAID RIGHT-OF-WAY LINE, 73.54 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID RIGHT-OF- WAY LINE THROUGH ACENTRAL ANGLE OF 89010'23", AN ARC DISTANCE OF 31.13 FEET; THENCE N86027' 19"W, ALONG THE NORTH RIGHT-OF-WAY LINE OF NORTHLAND DRIVE, 271.33 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 730.00 FEET; THENCE SOUTHWESTERLY, ALONGLAST SAID TANGENT CURVE AND SAID RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 22009'58", AN ARC DISTANCE OF 282.42 FEET TO THE POINT OF BEGINNING; CONTAINING 1.44 ACRES, MORE OR LESS.NORTHLAND SUBDIVISION PHASES 5A & 5B CONTAINS 6.83 ACRES, MORE OR LESS, BEING SURVEYED AND MONUMENTED ACCORDING TO THIS PLAT. THE ABOVE PARCEL IS TO BE KNOWN AND DESIGNATED AS NORTHLAND SUBDIVISION PHASES 5A & 5B AND THE LANDS INCLUDED IN OPEN SPACES A, B AND C ARE HEREBY DEDICATED, GRANTED, AND DONATED TO THE NORTHLAND SUBDIVISION HOMEOWNERS ASSOCIATION. OWNER NORTHLAND SUBDIVISION PHASES 5A & 5B Derry Du, D w g CEFMRCATE OF MDT" IT IA Es WIW I Vl,, A!"T wGmGROLI mom 1�7 D TA! NORTHLAND SUBDIVISION PHASES 5A & 5B I.T W"M T T A,�AS Afflik WGMGRoup BASIS OF BEARRM iw Lu PUT 0: NORTHLAND SUBDIVISION PHASES 5A& 5B Z� IRAN WISMGROUP SEE SHEET 3 wGmGRoup MAT KEE