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Ordinance 1597 - Zoning and PUD - Silverbrook EstatesReturn to: Theresa White Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 0504816 0504817 0504818 II�IIIII� IIIIIIIIIIIII�IIIIIIIIIIII��II II IIIIIII�IIIII�IIII�I��II�IIIIIIIIIIIIIII 36 0504819 Page: I of 9 0504820 Fees $63 00 0504821 4/10/2009 8:20 AM 0504822 Paula Robinson, Flathead County MT by NC 0504823 0504824 0504825 0504826 0504827 0504828 0504829 0504830 ORDINANCE NO. 1597 0504831 0504832 0504833 0504834 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF 0504835 00504836 504837 KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN 0504838 0504839 REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACTS 1, 2 AND 3AA 0504840 0504842 WITHIN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, 0504843 00504844 504845 RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED 0504846 COUNTY AG-40, AGRICULTURAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL), CITY R-4 (TWO FAMILY RESIDENTIAL) AND CITY B-1(NEIGHBORHOOD BUFFER DISTRICT), WITH A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. 0504847 0504849 WHEREAS, 93 & Church LLC, the owner of the property described above, petitioned the City of 0504851 0504852 Kalispell that the zoning classification attached to the above described tract of land 0504855 0504856 be zoned R-2, Single Family Residential, R-4, Two Family Residential, and B-1, 0504858 Neighborhood Buffer District, with a Planned Unit Development overlay on 0504859 0504860 approximately 325 acres of land, and 0504862 0504853 0504753 WHEREAS, the property is located at the southwest corner of the intersection of Highway 93 and 0504762 0504763 Church Drive, and 0504764 0504765 0504766 0504768 WHEREAS, the petition of 93 & Church LLC, was the subject of a report compiled by the 0504754 0504755 Kalispell City Planning Office, Staff Report #KPUD-06-06, in which the Kalispell 0504756 0504757 Planning Department evaluated the petition and recommended that the property as 0504760 described above be zoned R-2, Single Family Residential, R-4, Two Family 0s04761 Residential, and B-1, Neighborhood Buffer District, with a Planned Unit Development overlay, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November 14, 2006, and recommended that the initial zoning be City R-2, Single Family Residential, City R-4, Two Family Residential, and City B-1, Neighborhood Buffer District, with a Planned Unit Development overlay, and W OOmO riNMr-r-l00hm Ol W Nt"1 Wtfl �Oh m010 M MM MM M MMM0N 000 0000 O HH HHH C C>1 \� mmmr,rrr-r-rrrmrr,t-mmmmmmmmmmmmmmrnmmmm000000000ri i,lririri�g t �� ri[,rt-rrt-hrrht,rrl�rhrt�hhhrhrt�rt,rrrrmmmmmmmmmmmmmmm Lk(P riririv�wawwwv�c�w�ra�a�wwwwwcrwa�wwwwwwerwwwwawwwwwwww<r<r<r�w<r 0000000000000000000000000000000000000000000000000 O O O lf) lft 1f11f7 In tIf 111 tf11f1 tf1 W Ui W � W l(i tIl W N lf1 Ifl to to U1 Ut to In to lf1 l(1 ifl lf1 U1 V1 Ift I[1 � ll1 lfl In �1)111 lf1 ut Lfl tfi W W W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 II II � I I III II (I' I II I' II'I I I I I II I) III Il III( (N Page: 2of 9936 Fees:$63.00 Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-2, Single Family Residential, R-4, Two Family Residential, and B-1, Neighborhood Buffer District with a Planned Unit Development overlay, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of the Kalispell Planning Department as set forth in Staff Report No. KPUD-06-6. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as R-2, Single Family Residential, R-4, Two Family Residential, and B-1, Neighborhood Buffer District with a Planned Unit Development overlay on approximately 325 acres. SECTION II. The Planned Unit Development proposed by 93 & Church LLC upon the real property described above is hereby approved, subject to the following conditions: PUD Conditions The Planned Unit Development for Silverbrook Estates allows the following deviations from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance: A. Kalispell Subdivision Regulations, Section 3.07, B (Blocks) to allow blocks to exceed the 1,200 foot maximum length. B. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks), allowing a sidewalk on only one side of Diamond Peak Loop, a roadway serving the neighborhood commercial area of the project. A sidewalk shall not be required around the green space in the interior of the loop as shown on road section G dated October 2, 2006 with the location of Diamond Peak Loop shown on the Silverbrook Estates Roads and Trails map dated October 2, 2006. C. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Minimum yard setbacks in the R-4 zoning district), allows minimum setbacks of 10-feet for front and side corner property boundaries for a dwelling unit. Garages shall be setback a minimum of 20-feet from front and side corner property boundaries. D. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, Walls and Hedges), allowing fences 48 inches tall within or bounding the front setback area in all areas of the proposed subdivision. This only applies to fences and in no case shall the fence be solid. IIIIIII I I I I II II I I II I II I II I II I I I II II III I I II II III Page: 3 of 9936 Fees:$63.00 Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM E. Kalispell Zoning Ordinance, Section 27.13.040 (3) (Minimum yard setbacks in the B-1 zoning district), allowing a 5-foot setback to the front and rear property boundaries. F. Kalispell Zoning Ordinance, Section 27.13.040 (5) (Permitted lot coverage in the B-1 zoning district), allowing the permitted lot coverage of 100%. G. Kalispell Zoning Ordinance, Section 27.26.040 (5) (Joint use of parking facilities), allowing the creation of the "Silverbrook Estates Parking Regulation, Management Plan and Ordinance" to provide for direction in the planning and design of all parking facilities within the B-1 zoning district of the subdivision. H. Kalispell Zoning Ordinance, Section 27.27.020 (1) — (6) (standards for loading berths), allowing deviations in the design standards for loading berths. 2. The development of the 325 acre site shall substantially comply with the following maps and elevations submitted as part of the Planned Unit Development application: A. Silverbrook Estates Conceptual Site Plan B. Silverbrook Estates Land Use Map dated October 2, 2006 C. Silverbrook Estates Proposed Zoning Map dated October 2, 2006 D. Silverbrook Estates Roads and Trails Map dated October 2, 2006 E. Silverbrook Estates Road Sections A-H dated October 2, 2006 F. Silverbrook Estates Trail Types A-C dated October 2, 2006 G. Silverbrook Estates Architectural Elevations for the Subdivision Main Entrance dated October 2, 2006 H. Silverbrook Estates Development Phasing Plan dated October 2, 2006 3. Final approval of all standards within the Silverbrook Estates Parking Regulation, Management Plan and Ordinance shall be approved by the City of Kalispell. The standards shall be approved prior to any final plat approval for the commercial area. 4. Pedestrian pathways shall be located either midway on blocks exceeding 1,200 feet in length or in the area of the block exceeding 1,200 feet which would provide the best connectivity to surrounding streets or pedestrian/bike paths. The pathways shall be located within a 20-foot wide easement with the path width and construction standards determined by the Parks and Recreation Department. The pathway easements shall be shown on the final plat and the path shall be constructed or bonded for to the approved width and construction standards prior final plat approval. 5. The minimum landscaping and screening requirements for commercial B-1 parking areas shall be 10%. Furthermore, at the time the owners apply for Phase II of the subdivision plat, a preliminary parking lot layout plan and landscaping plan shall be submitted. The plan shall show how the minimum 10% landscaping requirement is being accomplished. 6. The Silverbrook Estates Parking Regulation, Management Plan and Ordinance be amended to incorporate the use of pedestrian walkways within the parking areas to provide for needed IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllillllllNIII 1111111IN Page: 4of936 Fees: $63.00 Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM connectivity between the commercial buildings and the sidewalk or bicycle pathways surrounding the commercial area. Pedestrian walkways shall be included in the preliminary parking layout plan referenced in condition 5. 7. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. Silverbrook Estates Subdivision Phase 1 Conditions General Conditions: 8. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 9. The preliminary plat approval for phase 1 shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). Prior to final plat: 10. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell Design and Construction Standards) 11. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards) 12. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards) IIIII I I (' II II I 111111111111111111111 Hill I 1 I II I I I I 1 1 II Page: 5 of Page: 5 of 9 Fees: $63.00 Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM 13. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) 14. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) 15. The developer shall contact the Army Corps of Engineers to obtain any necessary permits from the Army Corps for the crossing of the wetlands by Silverbrook Drive. Any mitigation required as part of the permit shall be included in the approval of the road construction plans. Such mitigation required for the road crossing shall be completed to the satisfaction of the Army Corps of Engineers prior to final plat and the Army Corps of Engineers shall so certify this in writing to the city. (Findings of Fact, Section C, Wetlands) 16. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for Silverbrook Drive. If any improvements are necessary at this intersection, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. (Findings of Fact, Section D, Roads) 17. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a fire lane. 18. A 12-foot meandering berm shall be constructed within the proposed buffer along Phase 1. The berm shall be landscaped with the landscaping plan reviewed and approved by the Parks and Recreation Department. (Findings of Fact, Section A, Noise) 19. The pedestrian/bike path plan shall be reviewed by the Flathead Conservation District in order for the District to determine if any permits are required. If a permit is required, the developer shall submit a 310 application to the Flathead Conservation District prior to any 9936 Page: 6 of Page: 6 of 9 Fees: $63.00 Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM construction of the pedestrian/bike path. (Findings of Fact, Section D, Parks and Open Space) 20. 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 provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11). 21. The area designated on the plat as "park" will meet the parkland dedication requirements provided that it is developed to create a recreational amenity within the subdivision. Those park improvements shall be addressed in accordance with a plan approved by the Kalispell Parks and Recreation Director so as to provide a recreational component within the development and, at a minimum, the park improvements shall equal 9.6 acres of land. A letter from the Kalispell Parks and Recreation Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been made. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact, Section D, Parks and Open Space) 22. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department which includes the pathway width and construction materials for the paths located throughout phase 1. Specifications for the bike path construction will be determined by the Parks and Recreation Department with recommendations provided by the Flathead Conservation District in areas where the path required a 310 permit as required in condition 19. (Findings of Fact, Section D, Parks and Open Space) 23. The developer shall obtain a permit from the Flathead County Road Department for access onto Church Drive. A letter from the Flathead County Road Department shall be submitted along with the final plat stating that all improvements at the intersection of Church Drive and Silverbrook Drive have been completed or bonded for. (Findings of Fact, Section D, Roads) 24. The following note shall be placed on the final plat: "Construction of homes on lots 1-15 of Block 1 and 1-11 of Block 2 shall utilize sound -absorbent materials along the side of the house facing the highway bypass. (Findings of Fact, Section A, Noise) 25. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard and placement of any other kind of materials is prohibited unless approved by the Kalispell Department of Parks and Recreation." 26. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades to Church Drive." (Findings of Fact, Section D, Roads) IIIIIIII II II I III IIIII II II II II I II III I II I IIIII I (� IIIII II I III III III) III Page07 of 9936 Fees:$63.00 Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM 27. The following note shall be placed on the final plat: "This subdivision is located in an agricultural area and potential nuisances such as noise, dust, odors, and irregular hours of operation are to be expected. As such, the right to farm on adjoining properties shall not be restricted as a result of the development or occupancy of this subdivision." (Findings of Fact, Section E) 28. The following note shall be placed on the final plat: "Noise generated by the arena and race track may be heard from your property. The noise may be considered a nuisance." (Findings of Fact, Section A, Noise) 29. The rear property boundaries of lots 1-9 of Block 20, lots 1-3 of Block 16 and lots 7-13 of Block 15 shall be amended to provide for a minimum distance of 50-feet from the top of the bank along the drainage to the rear property boundary. The contour line designating the top of bank shall be determined by City staff and the developer's consultants. (Findings of Fact, Section B) 30. A 30-foot rear yard setback shall be required for all structures on lots adjacent to the Stillwater River Hillside and its tributaries. This would include lots 3-7 of Block 19, lots 1-9 of Block 20, lots 1-3 of Block 16 and lots 7-13 of Block 15. (Findings of Fact, Section B) 31. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) 32. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations, Section 3.18) 33. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22) 34. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)) 35. 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 IIIIII I I II I I I IIII IIII I II III I (III III III I I II IIIII I I III II I II age: 8 of 1111 IN P9936 Page: 8 of 9 Fees:$63.00 Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kalispell Subdivision Regulations, Section 3.18(E)) 36. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. The minimum of two-thirds of the necessary infrastructure shall include the extension of water and sewer mains from the city to the site and necessary lift stations to transport effluent back to the city. On going conditions: 37. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 38. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. SECTION III. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 18TH DAY OF DECEMBER, 2006. ATTEST: Theresa White City Clerk Pamela B. Kenn y Mayor _n A III II I I I I I IIII IIII I II III III �) II II II II II II II II I II II Page: 9 of Page: 9 of 9 Fees:$63.00 Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM Assessor's Tracts -A, 2, & 3AA OF 13-29-22 That portion of Section Thirteen, Township Twenty-nine North, Range Twenty-two West, Principal Meridian, Montana, Flathead County, Montana, described as follows: Commencing at the Northwest corner of said Section Thirteen; thence N890 20' 69"E along the northerly boundary of said Section Thirteen and centerline of Church Road, a 60 foot wide declared County road, for 1458.96 feet to the TRUE POINT OF BEGINNING of the tract of land herein described: thence continuing along said northerly boundary and said centerline N89° 20' 59"E for 1207.56 feet; thence N890 20' 49"E along said northerly boundary and centerline for 2216.90 feet to the westerly boundary of United States Highway Number Ninety-three; thence leaving said northerly boundary and along said westerly boundary through the following six courses: S00° 18' 08"E for 296.66 feet; thence S58° 31' 34"E for 201.11 feet; thence N89° 53' 11 "E for 114.70 feet; thence S00° 23' 04"E for 669.61 feet; thence S05° 21' 6VE for 185.65 feet; thence S00° 16' 28"E for 2707.80 feet; thence leaving said westerly boundary S89° 24' 33"W for 2525.66 feet; thence S890 31' 38"W for 1289.59 feet to the edge of the Stillwater River; thence continuing along the edge of said river through the following 81 courses: N23° 26' 52"W for 23.68 feet; thence NOW 34' 17'W for 66.45 feet; thence N100 14' 39"E for 33.48 feet; thence NOV 00' 27"E for 93.84 feet; thence N020 20' 03"E for 48.32 feet; thence N00° 17' 49"E for 51.14 feet; thence NOW 16' 67"W for 63.08 feet; thence N38° 34' 13"W for 63.06 feet; thence N59° 22' 43"W for 11.94 feet; thence N00° 08' 45"W for 261.05 feet; thence S610 59' 39"E for 23.24 feet; thence S260 21' 58"E for 63.96 feet; thence S200 10' 28"E for 52.06 feet; thence S221' 44' 23"E for 36.65 feet; thence S28° 52' 01 "E for 39.73 feet; thence S060 16' 32"W for 33.86 feet; thence S00° 11' 46"W for 61.40 feet; thence S040 29' 57"W for 52.55 feet; thence SOW 28' 09"E for 94.98 feet; thence S01° 29' 04"E for 33.30 feet; thence S120 62' 04"E for 104.33 feet; thence S370 43' 09"E for 30.49 feet; thence S59° 43' 40"E for 43.41 feet; thence S730 31' 49"E for 66.97 feet; thence S760 08' 57"E for 27.91 feet; thence S790 13' 09"E for 93.59 feet; thence S730 37' 12"E for 61.13 feet; thence S81° 17' 44"E for 38.23 feet; thence S85° 43' 02"E for 36.68 feet; thence S850 30' 6VE for 79.69 feet; thence N87° 40' 42"E for 34.79 feet; thence S890 54' 09"E for 25.24 feet; thence N860 30' 31 "E for 41.88 feet; thence N740 42' 04"E for 34.70 feet; thence N69° 51' 21"E for 43.07 feet; thence N640 04' 22"E for 32.60 feet; thence N610 02' 15"E for 42.82 feet; thence N37° 18' 51"E for 49.80 feet; thence N060 17' 15"E for 44.66 feet; thence N00° 46' 52"E for 47.79 feet; thence N250 41' 34"W for 41.34 feet; thence N41 ° 48' 07"W for 86.43 feet; thence N590 40' 14"W for 38.01 feet; thence N600 20' 21 "W for 27.38 feet; thence N60° 47' 35"W for 31.22 feet; thence N660 14' 36"W for 62.13 feet; thence N550 12' 54"W for 43.19 feet; thence N57° 02' 39"W for 60.26 feet; thence N480 46' 28"W for 48.88 feet; thence N27° 13' 12"W for 42.66 feet; thence N060 51' 01 "W for 68.26 feet; thence N120 18' 39"W for 51.16 feet; thence N00° 37' 44"W for 40.36 feet; thence N100 17' 19"E for 36.05 feet; thence N20° 19' 15"E for 62.47 feet; thence N110 45' 55"E for 36.69 feet; thence N31" 15' 11"E for 43.99 feet; thence N060 29' 38"W for 73.77 feet; thence N05° 07' 36"E for 88.69 feet; thence N020 19' 39"W for 110.88 feet; thence N140 05' 56"W for 58.18 feet; thence N25° 23' 25"W for 63.30 feet; thence N340 06' 26"W for 119.59 feet; thence N340 06' 26"W for 25.63 feet; thence N65° 14' 58"W for 100.31 feet; thence N810 23' 62'W for 91.63 feet; thence N780 42' 13"W for 95.30 feet; thence N83" 19' 33"W for 17.20 feet; thence N760 04' 41"W for 166.47 feet; thence N550 07' 45"W for 84.04 feet; thence N100 13' 37"W for 90.96 feet; thence N27° 59' 56"E for 221.77 feet; thence N320 36' 18"E for 239.72 feet; thence N130 26' 40"E for 66.62 feet; thence N310 18' 36"E for 109.02 feet; thence N430 23' 07"E for 116.23 feet; thence N270 44' 06"E for 66.43 feet; thence N200 27' 12"W for 75.56 feet; thence N37° 05' 08"W for 39.66 feet; thence N470 27' 20"W for 95.41 feet; thence N770 41' 19"W for 165.74 feet; thence leaving said edge of river N00° 04' 26"W for 24.47 feet; thence N540 37' 03"E for 203.36 feet; thence N010 49' 13"W for 1320.68 feet to the northerly boundary of said Section Thirteen, centerline of Church Road, and point of beginning, containing 325.19 acres of land more or less. Return to: City Clerk P.G. Box 1997 Kalispell, MT 59903 11111IInIII1III�III�IIIVIIII oa9<�°oF1,$77.00 a' Paula Robinson, Flathead county MT by DO 4/39/3008: 60 DM PLANNED UNIT DEVELOPMENT AGREEMENT SILVERBROOK ESTATES SUBDIVISION � THIS AGREEMENT, made as of the/ �7day of February, 2008, by 93 &Church LLC, 100 Hathaway Lane, Kalispell, Montana 59901 hereinafter 93 &CHURCH LLC, and the City of Kalispell, a municipal corporation, of 312 1st Avenue East, Kalispell, Montana 59901, hereinafter CITY; WITNESSETH WHEREAS, 93 &CHURCH LLC is the fee owner of certain real property located in Kalispell, Flathead County, Montana, which is further described as follows: See Exhibit A attached and is hereinafter referred to as "Subject Property"; and WHEREAS, 93 & CHURCH LLC desires to develop the subject property consistent with the terms of the approved PUD as described in Ordinance No.1597 and pursuant to the terms of the Preliminary Plat as described in Resolution No. that would allow some flexibility in setbacks, lot coverage and lot size; and WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements within the "Subject Property", and prescribe the permitted uses therein, . the parties hereto determine it to be in their interests to enter into this Development Agreement. DEVELOPER'S AGREEMENT/93 & CHURCH LLC Page 1 of 1 1111IIII Fe9a"4„ooa' Paula Robinson, Flathead caunry wr by oo a7xs/aooe a:ao vn I. GENERAL INTRODUCTION § 1.01 General The use and development of the Subject Property shall substantially conform to and comply with the provisions of the PUD Application filed by applicant and the conditions contained within Kalispell City Resolution No. 5169 conditionally approving the preliminary plat of the Silverbrook Estates Subdivision Phase I and incorporated fully herein by this reference. § 1.02 Relationship to Zoning Ordinance Except as specifically modified or superseded by this Development Agreement, the laws, rules and regulations of the City of Kalispell governing the use and development of land and buildings, including the City of Kalispell Zoning Ordinance, shall apply to the Subject Property. § 1.03 Drawings The drawings comprising the Preliminary Plat are an integral and essential component thereof, and they are incorporated by reference herein. § 1.04 Effectiveness and Cancellation The provisions of this Developer's Agreement shall become effective immediately and shall terminate upon the issuance of the final building permit for development of the Subject Property. This Development Agreement may be modified or amended only as set forth in Article IV hereof. § 1.05 Certification Procedure Whenever in this Developer's Agreement a certificate by the Director of Public Works is required to be given, such certificate shall be given within thirty (30) days of the receipt of a completed application. Such an application shall be deemed to be complete upon receipt of such drawings and narrative information as are reasonably necessary for the issuance of such certification. II. PARCEL DESCRIPTION § 2.01 The Subject Property, described in the recitals above, shall be developed with the infrastructure improvements as described below. No building permit shall be issued for any of the parcels unless and until all improvements specified in this Agreement as well as those infrastructure improvements which may be required by the City of Kalispell's Standards for Design and Construction are either constructed or DEVELOPER'S AGREEMENT193 & CHURCH LLC Page 2 of 2 II I I I I II III I� II� II� II' II � I I'pl l 11 11 Page: of 1182 Fees: $)).00 Paula Robinson, Flathead County MT by OD 4/29/30083:40 DM security provided guaranteeing construction of said improvements for that particular parcel upon which a building permit is requested. III, SITE CONDITIONS § 3.01 Public Infrastructure and Easements 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C —Final Plat) 2. The preliminary plat approval for phase 1 shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). Prior to final plat: 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell Design and Construction Standards) 4. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards) 5. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved: (Kalispell Design and Construction Standards) 6. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) DEVELOPER'S AGREEMENTI93 & CHURCH LLC Page 3 of 3 IIIINIII6NIAlIIMIIIIIIINIIINIIINIIIdIIINIIIYIIIYIIl0111EIIIRIIIGIIItlllll Fs°,e';g;oa Paula Robinson., ri,tn.ae county M* by oo 4/2e/2008 a:au vw 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. (Kalispell Design and Construction Standards) 8. The developer shall contact the Army Corps of Engineers to obtain any necessary permits from the Army Corps for the crossing of the wetlands by Silverbrook Drive. Any mitigation required as part of the permit shall be included in the approval of the road construction plans. Such mitigation required for the road crossing shall be completed to the satisfaction of the Army Corps of Engineers prior to final plat and the Army Corps of Engineers shall so certify this in writing to the city. (Findings of Fact, Section C, Wetlands) 9. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for Silverbrook Drive. If any improvements are necessary at this intersection, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. (Findings of Fact, Section D. Roads) 10. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a fire lane. 11. A 12-foot meandering berm shall be constructed within the proposed buffer along Phase 1. The berm shall -be landscaped with thy -landscaping -plan reviewed and approved by the Parks and Recreation Department. (Findings of Fact, Section A, Noise) 12. The pedestrian/bike path plan shall be reviewed by the Flathead Conservation District in order for the District to determine if any permits are required. If a permit is required, the developer shall submit a 31 o application to the Flathead Conservation District prior to any construction of the pedestrian/bike path. (Findings of Fact, Section D, Parks and Open Space) DEVELOPER'S AGREEMENT193 & CHURCH LLC Page 4 of 4 IIINIIINIIIdIIINIII�IIIb111�1119111CII10111YIIINIIIN1119111Q1119111�1111 p°se°so;;; Paula Robinson, Flathead county Mr by oo Fees:;n.oa 9/39/3008 3:90 PM 13. 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 provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11). 14. The area designated on the plat as "park" will meet the parkland dedication requirements provided that it is developed to create a recreational amenity within the subdivision. Those park improvements shall be addressed in accordance with a plan approved by the Kalispell Parks and Recreation Director so as to provide a recreational component within the development and, at a minimum, the park improvements shall equal 9.6 acres of land. A letter from the Kalispell Parks and Recreation Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been made. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact, Section D, Parks and open Space) 15. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department which includes the pathway width and construction materials for the paths located throughout phase 1. Specifications for the bike path construction will be determined by the Parks and Recreation Department with recommendations provided by the Flathead Conservation District in areas where the path required a 310 permit as required in condition 19. (Findings of Fact, Section D, Parks and open Space) 16. The developer shall obtain a permit from the Flathead County Road Department for access onto Church Drive. A letter from the Flathead County Road Department shall be submitted along with the final plat stating that all improvements at the intersection of Church Drive and Silverbrook Drive have been completed or bonded for. (Findings of Fact, Section D. Roads) 17. The following note shall be placed on the final plat: "Construction of homes on lots 1-15 of Block 1 and 1-11 of Block 2 shall utilize sound -absorbent materials along the side of the house facing the highway bypass. (Findings of Fact, Section A, Noise) 18. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the -grass within the boulevard. Removal of grass or trees within the boulevard and placement of any other kind of materials is prohibited unless approved by the Kalispell Department of Parks and Recreation." 19. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades to Church Drive." (Findings of Fact, Section D, Roads) DEVELOPER' S AGREEMENT/93 & C"URCH LLC Page 5 of 5 11111IINIIIgIIINIIIYIIIVIIIVIII�IIINlllullll Pse"$,�oa' Paula Robinson, Flathead County MT by DD 4/39/2008 3:40 PM 20. The following note shall be placed on the final plat: "This subdivision is located in an agricultural area and potential nuisances such as noise, dust, odors, and irregular hours of operation are to be expected. As such, the right to farm on adjoining properties shall not be restricted as a result of the development or occupancy of this subdivision." (Findings of Fact, Section E) 21. The following note shall be placed on the final plat: "Noise generated by the arena and race track may be heard from your property. The noise may be considered a nuisance." (Findings of Fact, Section A, Noise) 22. The rear property boundaries of lots 1-9 of Block 20, lots 1-3 of Block 16 and lots 7-13 of Block 15 shall be amended to provide for a minimum distance of 50-feet from the top of the bank along the drainage to the rear property boundary. The contour line designating the top of bank shall be determined by City staff and the developer's consultants. (Findings of Fact, Section B) 23. A 3 0-foot rear yard setback shall be required for all structures on lots adjacent to the Stillwater River Hillside and its tributaries. This would include lots 3-7 of Block 19, lots 1-9 of Block 20, lots 1-3 of Block 16 and lots 7-13 of Block 15. (Findings of Fact, Section B) 24. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) 25. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations, Section 3.18) 26. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed- or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22) 27. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)) DEVELOPER'S AGREEMENT193 & CHURCH LLC Page 6 of 6 1111llll o a:°,°°,,,a° Paula Robinson, Flathead County MT by oD 4/39/2F 008 40 PM 28. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kalispell Subdivision Regulations, Section 3.18(E)) 29. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. The minimum of two-thirds of the necessary infrastructure shall include the extension of water and sewer mains from the city to the site and necessary lift stations to transport effluent back to the city. On going conditions: 30. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 31. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. IV. AMENDMENT OR MODIFICATIONS OF DEVELOPMENT AGREEMENT § 4.01 This Development Agreement may be amended or modified only, by application of the owner, in accordance with the procedures set forth herein. § 4.02 Application for amendment or modification may be made, to the City of Kalispell Site Review Committee, by any fee owner of a parcel in respect to the Subject Property. § 4.03 Modifications of this Development Agreement which are determined by the Site Review Committee to be minor modifications shall require only the consent of the Site Review Committee, and shall not require the consent or approval of the City Council or any other public agency. All amendments and modifications to this Development Agreement other than minor modifications shall require the approval of the City Council of the City of Kalispell. § 4.04 All applications for modification or amendment of this Development Agreement shall be filed with the Site Review Committee and the Site Review Committee shall promptly determine whether the modification is minor or major. DEVELOPER'S AGREEMENT193 & CHURCH LLC Page 7 of 7 1111llll Paae°aa;�;a2 77.00 Paula Robinson, Flathead County MT by DD a/]9/1008ees: 3 40 PM § 4.05 The Site Review Committee shall make its determination with respect to any application for a minor modification subject to this Section within fifteen (15) days after it determines the application to be subject to said minor modification. § 4.06 If the amendment or modification requested is of such a nature as to require approval of the City Council, the Site Review Committee shall refer the matter to the City Council within fifteen (15) days after it determines the matter requires Council review. § 4.07 The owner may appeal any decision of the Site Review Committee to the City Council, who may affirm, reverse or modify the Site Review Committee decision. V. CONSTRUCTION PERMITTING § 5.01 General Requirements I. No building permit in respect to the building in any structure shall be issued by the Building Department until the Director of Public works has certified to the Building Department that the infrastructure improvements and roads as required herein substantially conform to the Site Condition requirements contained in this Agreement and that said improvements have been constructed or security guaranteeing the construction has been received by the City. II. For purposes of this Section, the "Security" required shall be in an amount equal to 125% of the developer's Licensed Engineer's estimate of the cost of constructing said improvements. VI. MISCELLANEOUS § 6.01 Effective Date This Agreement shall be effective immediately and shall remain in full force and effect until all parcels within the Subject Property are developed or until 3 , 2011, whichever occurs first. 4144 Vc X-• § 6.02 Severability In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or determined to be invalid or unlawful by a court of competent jurisdiction, such provision shall be severable and the remainder of this Agreement shall continue to be of full force and effect. § 6.03 Recordation This Agreement shall be recorded along with the CC&R's with respect to the subject property. DEVELOPER' S AGREEMENT193 & CHURCH LLC Page 8 of 8 Pa: Paula gobinson, Flathead County MT by Dp Fee�o9 of IY82 77.00 4/39/30083 e0 DM § 6.04 Entire Agreement -Primacy This Agreement constitutes the entire agreement between the parties and may only be amended as set forth herein. In the event, during the term of this Agreement, there is a variance between the provisions of this Agreement and the CC&R's, filed with respect to the subject property, this Agreement shall take precedence. § 6.05 Binding Effect This Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and assigns. Dated this �-� day of February, 2008. 93 & CHURCH LLC Howard Mann, Managing Member CITY OF KALISPELL 4 Y' J s H. Patrick, City Manager STATE OF MONTANA ) ):ss County of Flathead ) On this � t ay ry, of Februa , 2008, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Howard Mann in his capacity as Managing Member of 93 & CHURCH LLC, that executed the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand -and affixed my Notarial Seal the day and year in this certificate first above written.- r ? Notary Public State of Montana Reslding at arc f'f I (I My Commission Expires DEVELOPER' S AGREEMENT/93 & CHURCH LLC Page 9 of 9 1111IIII oaae$„oo=' STATE OF MONTANA ) p,,,i, nomnso , viemeaa County M• by oo ansnaoe 3:40 or+ )-ss County of Flathead ) On this A4: ' day of � , 200 R, before me, a Notary Public in and for the State of Montana, personally appeared JAY4ES H. PATRICK, known to me to be the City Manager of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein set forth, and that he was duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. .0s :�� •: m i . w t•e60040069les's���� Notary Public, State of Montana Residing at —L5Al�e �GL My Commission Expires 3 DEVELOPER' S AGREEMENT193 & CHURCH LLC Page 10 of 10 IIIIVIIIVIIIVI11111o5°s„o�' IIIIINIIIBIIIBIIIaIIgIIqIIl0111011VIII�IIIqIINIIINII a0o Paula Robinson[ Flathead County Mr by oo a,zs/zooa 3:� PM Assessor's Tracts --I, 2, & 3AA OF 13-29-22 That portion of Section Thirteen, Township Twenty-nine North, Range Twenty-two Vilest, Principal Meridian, Montana, Flathead county, Montana, described as follows: Commencing at the Northwest corner of said Section Thirteen; thence N890 20' 59"E along the northerly boundary of said Section Thirteen and centerline of Church Road, a 60 foot wide declared County road, for 1458.96 feet to the TRUE POINT OF BEGINNING of the tract of land herein described: thence continuing along said northerly boundary and said centerline N89° 20' 69"E for 1207.65 feet; thence N89° 20' 49"E along said northerly boundary and centerline for 2216.90 feet to the westerly boundary of United States Highway plumber Ninety-three; thence leaving said northerly boundary and along said westerly boundary through the following sic courses: S00° 18' 08"E for 296.65 feet; thence S580 31' 34"E for 201.11 feet; thence N89° 53' 11 "E for 114.70 feet; thence SOO° 23' 04"E for 669.61 feet; thence S85° 21' 55"E for 185.65 feet; thence S00° 16' 28"E for 2707.80 feet; thence leaving said westerly boundary S89° 24' 3X llv for 2526.66 feet; thence S89° 31' 38"W for 1289.59 feet to the edge of the Stillwater River; thence continuing along the edge of said river through the following 81 courses: N23° 26' 52"W for 23.58 feet; thence NOW 34" 17"W for 66.45 feet; thence N100 14' 39"E for 33.48 feet; thence N060 00' 27"E for 93.84 feet; thence N020 20" 03"E for 48.32 feet; thence NOV 17' 49" E for 51.14 feet; thence Nag° 16' 67"W for 63.08 feet; thence N380 34' 13"W for 63.06 feet; thence N590 22' 43"W for 11.94 feet; thence NOO° 08' 45"W for 251.05 feet; thence S610 59' 39"E for 23.24 feet; thence S26° 21' 58"E for 53.95 feet; thence S200 10' 28"E for 52.06 feet, thence S220 44' 23"E for 36.65 feet; thence S280 52, 01 "E for 39.73 feet; thence S060 16' 3XV for 33.86 feet; thence SOO' 11' 46"WII for 51.40 feet; thence SO40 29' 57"WIC for 52.55 feet; thence S060 28' 09"E for 94.98 feet; thence SOT 29' 04"E for 33.30 feet; thence S120 52' OVE for 104.33 feet; thence S37* 43' O9"E for 30.49 feet; thence S590 43' 40"E for 43.41 feet; thence S73° 31" 49"E for 65.97 feet; thence S760 08' 57"E for 27.91 feet; thence S79° 13' O9"E for 93.69 feet; thence S73'0 37' 12"E for 51.13 feet; thence S81 ° 17' 44"E for 38.23 feet; thence S850 43' 02"E for 35.68 feet; thence S85° 30' 55"E for 79.59 feet; thence N870 40' 42"E for 34.79 feet; thence S89° 54' 09"E for 25.24 feet; thence N86° 30' 31"E for 41.88 feet; thence N740 42' 04"E for 34.70 feet; thence N690 51' 21"E for 43.07 feet; thence N64° 04' 22"E for 32.60 feet; thence N61 ° 02' 15"E for 42.82 feet; thence N37° 18' 51 "E for 49.80 feet; thence N06¢ 17' 15"E for 44.55 feet; thence N0o° 46' 62"E for 47.79 feet; thence N25° 41' 34"W for 41.34 feet; thence N41 ° 48' 07"W for 86.43 feet; thence N59° 40' 14"W for 38.01 feet; thence N60° 20' 21" W for 27.38 feet; thence N60" 47" 35"W for 31.22 feet; thence N66° 14' 36"'W for 52.13 feet; thence N55° 12' 54" W for 43.19 feet; thence N570 02' 39"W for 60.26 feet; thence N480 45' 28"W for 48.88 feet; thence N27° 13' 12"111►1 for 42.66 feet; thence NO60 51' 01 "W fvr 68.26 feet; thence N12" 18' 39"WII for 51.16 feet; thence N 00 0 37' 44"W for 40.35 feet; thence N100 17' 19"E for 35.05 feet; thence N20° 19' 15"E for 62.47 feet; thence N11 ° 45' 55"E for 36.69 feet; thence N31' 15' 11 "E for 43.99 feet; thence N06° 29' 38"W for 73.77 feet; thence NOS" 07' 36"E for 88.69 feet; thence N020 19' 39"W for 110.88 feet; thence N14" 05' 56" W for 58.18 feet; thence N250 23' 25"W for 63.30 feet; thence N34° 06' 26" W for 119.59 feet; thence N34° 06' 26'V for 25.63 feet; thence N650 14' 58"WIC for 100.31 feet; thence N81 ° 23' 62"W for 91.63 feet; thence N78° 42' 13"W for 95.30 feet; thence N830 19' 33"'W for 17.20 feet; thence N76° 04' 41" 1111 for 166.47 feet; thence N550 07' 45"W for 84.04 feet; thence N100 13' 37"W for 90.96 feet; thence N27° 59' 56"E for 221.77 feet; thence N32° 35' 18"E for 239.72 feet; thence N13* 25' 40"E for 66.52 feet; thence N31 ° '18' 36"E for '109.02 feet; thence N43° 23' 07"E for 116.23 feet; thence N270 44' 06"E for 65.43 feet; thence N20° 27' 12" W for 75.56 feet; thence N37° 05' 08"W for 39.66 feet; thence N47d 27' 20"W for 95.41 feet; thence N77° 41' 19" WiC for 165.74 feet; thence leaving said edge of river NOa° 04' 26" W for 24.47 feet; thence N640 37' 03"E for 203.35 feet; thence N010 49' 1 XV for 1320.68 feet to the northerly boundary of said Section Thirteens centerline of Church Road, and point of beginning, containing 325.19 acres of land more or less.