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H1. Res. 6055, Begg Subdivision Final PlatKALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner Development Services Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin2 SUBJECT: KWP21-01 - Final Plat request for Begg Subdivision, Phase 1 MEETING DATE: November 15, 2021 BACKGROUND: Our office has received a request from Sands Surveying on behalf of Brytech Crossings 1, LLC for final plat of Phase 1 of Begg Subdivision, creating one 6.31-acre lot as part of a multi -family development. It is the first phase of a four -lot subdivision that comprises a 324-unit apartment complex which received a conditional use permit in March of 2018. The project was broken into three phases which generally follow the proposed lot lines. The first phase is nearly complete, and the developer is preparing to begin phase two. As a waiver of preliminary plat, the request proceeds to City Council at the time of final plat along with a supporting staff report. The preliminary plat was waived on November 13, 2019, because it was found that the proposed subdivision met the criteria for preliminary plat waiver as outlined in Section 28.2.08 of the Kalispell Subdivision Regulations. All of the conditions of the preliminary plat waiver have been met or adequately addressed. The findings of fact for approval of the plat are found in attached staff report KWP-21-01. The property is located at 401 Two Mile Drive and can be described at Tract 1 of Certificate of Survey 21530 in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana. RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution 6055, a resolution approving the final plat for Begg Subdivision Phase 1, described as Tract 1 of Certificate of Survey 21530 in the southwest quarter of the northeast quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 6055 Final plat compliance letter Staff report KWP-21-01 Application Materials Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO. 6055 A RESOLUTION APPROVING THE FINAL PLAT FOR BEGG SUBDIVISION PHASE 1, DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 21530 IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Sands Surveying, on behalf of Brytech Crossings 1, LLC, the owners of the certain real property described above, has petitioned for approval of the final Subdivision Plat of said property; and WHEREAS, the preliminary plat was waived on November 13, 2019 as the subdivision met the criteria for preliminary plat approval waiver, as outlined in Section 2.08 of the Kalispell Subdivision Regulations (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), subject to ten (10) conditions, all of which have been met; and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report (#KWP-21-01) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. 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 #KWP-21-01 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Sands Surveying, on behalf of Brytech Crossings 1, LLC, the owners of the certain real property described as Tract 1 of Certificate of Survey 21530 in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Begg Subdivision Phase 1 is hereby approved. SECTION 3. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION 4. That 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 OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 15TH DAY OF NOVEMBER, 2021. ATTEST: Aimee Bnmckhorst, CMC City Clerk Mark Johnson Mayor CITY 01F` KALISPELL November 5, 2021 Doug Russell, City Manager City of Kalispell 201 1st Avenue East Kalispell, MT 59901 Development Services Department 201 Pt Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Re: KWP-21-01 -Final Plat for Begg Subdivision, Phase 1 Dear Doug: Our office has received a request from Sands Surveying on behalf of Brytech Crossings 1, LLC for final plat of Phase 1 of Begg Subdivision, creating one 6.31-acre lot as part of a multi -family development. It is the first phase of a four -lot subdivision that comprises a 324-unit apartment complex which received a conditional use permit in March of 2018. The project was broken into three phases which generally follow the proposed lot lines. The first phase is nearly complete, and the developer is preparing to begin phase two. As a waiver of preliminary plat, the request proceeds to City Council at the time of final plat along with a supporting staff report. The preliminary plat was waived on November 13, 2019, because it was found that the proposed subdivision met the criteria for preliminary plat waiver as outlined in Section 28.2.08 of the Kalispell Subdivision Regulations. All of the conditions of the preliminary plat waiver have been met or adequately addressed. The findings of fact for approval of the plat are found in attached staff report KWP-21-01. The property is located at 401 Two Mile Drive and can be described at Tract 1 of Certificate of Survey 21530 in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana. COMPLIANCE WITH CONDITIONS OF APPROVAL: Prior to final plat 1) That the final plat is in substantial compliance with the preliminary plat that was waived. Staff Response: This condition has been met. The final plat is in substantial compliance with the preliminary plat. 2) This waiver of preliminary plat approval is valid for three years and will expire on November 14, 2022. Staff Response: This condition has been met. It has been submitted for approval prior to the expiration of the preliminary plat waiver. 3) 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. The applicant submitted approvals from DEQ dated June 26, 2020, as well as design approval from the City of Kalispell dated March 6, 2020. 4) Two Mile Drive adjacent to the subdivision shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards prior to final plat of Phase 1. Upgrades include curb and gutter, sidewalk, street trees and boulevard. Staff Response: This condition has been met. The work has been completed. Letters from the Public Works Department dated October 26, 2021, and from the Parks Department dated October 27, 2021, are attached accepting the improvements. 5) 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. The letter from Public Works dated October 26, 2021, accepted the improvements. 6) Prior to final plat of Lots 2-4, Teton Street shall be constructed in accordance with KCU-17-10. Staff Response: This condition does not apply to Phase 1 of the subdivision. 7) All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. The applicant submitted a letter from the Public Works Department dated September 17, 2021, which approved the location of the easmeents. 8) 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 appears on the final plat. 9) The proposed Lot lines shall meet the required setbacks from the proposed apartment buildings. Staff Response: This condition has been met. The property line was placed to account for required setbacks. 10) The City of Kalispell shall verify that parking and stormwater requirements are met prior to individual lots being sold. A note shall be placed on final plat stating such. Staff Response: This condition has been met. The note was placed on the final plat. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was waived on November 13, 2019. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. All taxes are current and a consent to plat was submitted with the application. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance RA-2 Zoning designation, which governs the dimensional requirements of the lots within the subdivision as well as the uses. In addition, it meets the conditions of the related conditional use permit issued for the development on March 5, 2018. RECOMMENDATION: It can be found that the conditions of the waiver of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat for Begg Subdivision, Phase 1. Attachments: - Staff Report KWP-21-01 - 2 Mylars of final plat - Copy of final plat - Applicant responses and application dated 10/26/21 - Waiver of Preliminary Plat dated 11/13/19 - DEQ approval letter dated 6/26/20 - City of Kalispell Public Works engineering design approval letter dated 3/6/20 - City of Kalispell Public Works infrastructure acceptance letter dated 10/26/21 - City of Kalispell Public Works easement acceptance letter dated 9/17/21 - City of Kalispell Parks landscaping letter dated 10/27/21 - Fidelity National Title Report FT1585-213156 dated 7/14/20 - Consent to Platting from First Interstate Bank dated 9/16/21 - Tax Certification dated 7/28/21 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk BEGG SUBDIVISION (A/K/A CROSSINGS AT TWO MILE/LANDINGS AT TWO MILE) REQUEST FOR FINAL PLAT STAFF REPORT #KWP-21-01 KALISPELL PLANNING DEPARTMENT NOVEMBER 10, 2021 This is a report to the Kalispell City Council detailing findings of fact for a four -lot residential/apartment subdivision. Preliminary plat approval for this minor subdivision was waived on November 13, 2019, with 10 conditions of approval. BACKGROUND INFORMATION Brytech Crossing 1, LLC, has submitted an application for final plat based on a waiver of preliminary plat for a four -lot subdivision. The subdivision is part of the financing for a 324-unit apartment complex which received a conditional use permit in March of 2018. The project was broken into three phases which generally follow the proposed lot lines. The first phase is nearly complete, and the developer is preparing to begin phase two. As a waiver of preliminary plat, the request proceeds to City Council at the time of final plat along with a supporting staff report. A: Applicant: Brytech Crossing 1, LLC 9708 N. Nevada St, Ste 1 Spokane, WA 99218 B: Location: The property is located at 401 Two Mile Drive and can be described at Tract 1 of Certificate of Survey 21530 in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana. C: Existing Land Use and Zoning: The subject property is currently under development with an apartment complex. The first of three phases is being completed with the second phase to start in the near future. The zoning of the property is RA-2 (Residential Apartment/Office), which is "a district to provide areas for residential development including multi -family housing and compatible non-residential uses of high land use intensity. This district would typically serve as a buffer zone between other commercial districts and adjacent residential areas. The location of this district depends on proximity to major streets, arterials, and business districts. This district shall be located within or adjacent to business corridors, shopping islands or the Central Business District. This zoning district would typically be found in areas designated as urban mixed use, high density residential and commercial on the Kalispell Growth Policy Future Land Use Map." Kalispell Zoning Exhibit- November 5th, 2021 Assessor0015613 Subject Przyeny ResiderNal T4AEE MN-9 bx Re ederrdaVPmfe imal Rtl6A�dd Cermal 13-in— Re ederroalApar4nen[ Residerroal Aparr—bnfim Cx+neral 9-in— Gore Area 13-1 u R-4 Re iental Ak Pudic NORiH P- RA-? , I V4.'MHCkn W NGC Aunty LEE I _ Yl'iL.OwSTdetE ST R-4 GIAC,kK �� TWO LLUH _1 ftA , R-4 U D.W: 111-5-2D21 �� � Kalispell Development SefVICes FlIePaII: dr2021t11D5M1 - %, 1Cr1l,I�F'i,l,i, --RI D. Size: The subject property is approximately 15.0 acres, including a 0.03 acre utility lot owned by the City. E: Adjacent Zoning: North: City RA-1 East: City RA-1/R-4 South: City RA-1 West: County R-1 F: Adjacent Land Uses: North: Multi -family residential East: Single-family and townhome residential South: Multi -family residential West: Undeveloped/large-tract single-family residential 2 G: General Land Use Character: The area is primarily a residential area with established single-family, townhome, and multi -family developments on three sides. The area begins to transition to the west of the property into single-family urban development on the south side of Two Mile and mostly undeveloped land on the north side of Two Mile. About'/4 mile to the west is the Highway 93 Bypass, although there is no access to the bypass from Two Mile. H: Availability of Public Services and Extension of Services: The property is currently located within the City of Kalispell and all services are available to the property. The subdivision will require an extension of existing water and sewer services to serve the remaining phases. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 95 Peterson/Glacier High School Fire: City of Kalispell Police: City of Kalispell ;* 1 4- fi .1% C 3 REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT This report is based on a request for final plat for Phase 1 of the Begg Subdivision, which is a four -lot subdivision that received a waiver of preliminary plat in November of 2019. The 324- unit apartment complex being developed on the property received a conditional use permit in March of 2018. The project was broken into three phases which generally follow the proposed lot lines. The first phase is nearly complete, and the developer is preparing to begin phase two. The original site plan and phasing is shown below, as well as the proposed final plat. 4 � A ville.e Lwu 0[. a r�m•� +aa.ou CMkAG G}k Lvmh �c. aWe m / / aax&� of a cro�e�ae t uc Plat Of BEGG SUBDIVISION, PHASE 1 RN A Subdfvlslon Located In SA1l4NE1I4 .4FI`_ 1$ T2dN, R22a'., PM,M, CITY OF KALISPELL. FLATHEAD LYJUNTY, MONTANA e .a. Plat OT f „A,ef BEGG SUBDIVISION, PHASE 1 ae+v ra Ae+ A Subdtvlslon Eructed In S 14NE1f4 SEC. 12, T.2@N., R.228'., P.AOF, CITY OF KALISPELL, FLATHEAD COUNTY. MONTANA V- _- ----- ^ J ems• �!� ��s. Giffim L .Wv>t r v. +e•Wri 5 A. Effects on Health and Safety: Fire: The property is considered to be at low risk of fire. Buildings within the subdivision are and will be constructed in accordance with the International Fire Code and have access which meets city standards. The area to be built upon does not have steep slopes or woody fuels. Hydrants are and will be required to be placed in compliance with the requirements of the Uniform Fire Code and approved by the Fire Chief. Flooding: A portion of the subject property was located within the 100-year floodplain per the Flood Insurance Rate Map (panel number 30029C 1805J, effective date November 4, 2015). The developer received a floodplain development permit for placement of fill and went through the Letter of Map Revision based on Fill ("LOMR-F") process with FEMA, which removed the property from the special flood hazard area. FEMA approved the removal in February 2020. Access: The development will have three access points. The primary access will be from Two Mile Drive. Teton Street will also be extended through the property from east to west, providing access from the existing Teton Street as well as a connection to any potential future development to the west. A Traffic Impact Study ("TIS") was completed in accordance with the CUP. The recommendations in the TIS will be complied with prior to the issuance of a building permit for each phase. B. Effects on Wildlife and Wildlife Habitat: There are no water features which would provide aquatic or riparian habitat. There also does not appear to be any significant wildlife impacts. The Resources and Analysis Section of the Kalispell Growth Policy includes information from the Montana Department of Fish, Wildlife and Parks relating to deer, elk and moose habitat. As with the majority of the Kalispell area outside of the core downtown, the maps show a whitetail deer density of 5 to 30 per square mile, but no significant elk or moose habitat. C. Effects on the Natural Environment: Topography, Geology and Soils: The overall site is generally flat with slopes near the perimeter that are a result of the fill placed on the property in conjunction with the floodplain work (LOMR-F). There are not any topographic or slopes that would impact this development. A Geotech report was prepared for the property as part of the building permit submittal. No significant issues impacting development were noted. The recommendations in the report should be followed as the site is developed. Surface and Groundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. Since the floodplain has been addressed, no other surface water creates concerns regarding this development. Drainage: Curbs and gutters has/will be installed and a storm management plan has been developed to address the runoff from the site. The project includes an on -site stormwater system. The system requires a maintenance plan and a waiver of right to protest the creation of a Special Improvement District ("SID") for stormwater maintenance should 10 be included on the final plat as part of those maintenance provisions. The SID would only be implemented in the event that stormwater facilities are not maintained in a manner consistent with the approved drainage plan. Also, the developer is required to submit for to the Kalispell Public Works Department an erosion/sediment control plan for review and approval per requirements of the city's Municipal Separate Storm Sewer System permit with the State of Montana. These plans provide for managing storm water on the site and include stabilizing the construction site through an approved revegetation plan after site grading is completed. D. Effects on Local Services: Water: Water service to the subdivision would be provided by the City of Kalispell from an existing water main that the developer would extend throughout the subdivision. The water system for the subdivision was reviewed and approved by the Kalispell Public Works Department and Kalispell Fire Department as part of the development of the subdivision for compliance with the City of Kalispell Standards for Design and Construction and the Fire Code. There is adequate capacity within the city's water system to accommodate this development. Water rights associated with the property shall be transferred to the City of Kalispell along with the final plat of the next phase. Sewer: Sewer service will be provided by the City of Kalispell with an extension of existing sanitary sewer mains that the developer would extend into the subdivision. The new extension includes a lift station included within a utility lot that is part of Phase 1. The sewer system for the subdivision was reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision for compliance with the City of Kalispell Standards for Design and Construction. There is adequate capacity within the city's sewer system to accommodate this development. Access and Roads: The property is accessed by Two Mile Drive and Teton Street. The frontage of Two Mile was improved to urban standards as part of Phase 1 and Teton Street will be extended with Phase 2. Schools: The property is within the boundaries of School District 95 (Peterson and Glacier High School). On average, based on 324 units, it would be anticipated that there would be about 162 students at full build -out. Section 76-3-608(1) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire protection. As part of the review of the engineering plans for the subdivision, fire 7 protection, including access, fire flow and hydrant location, will be reviewed. Fire station 61 is located approximately 1.1 miles away providing good response time. Parks and Recreation: For multi -family developments, the zoning ordinance requires a minimum of 500 square feet of land or the equivalent value in improvements providing recreational benefit to the residents. Phase 1 includes a clubhouse in addition to outdoor park areas and provides the required recreational amenities. Recreational amenities for each phase will be reviewed as part of the building permit and site review process. Solid Waste: Solid waste will be handled by the City of Kalispell. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is approximately 0.9 miles from the site. E. Effects on Agriculture and agricultural water user facilities: This property under development as multi -family housing. The NRCS classification from 2007 shows the property as prime farmland if irrigated. Current policies in the Kalispell Growth Policy Plan -It 2035, Chapter 5, Land Use: Natural Environment, state the following: Policy Encourage urban growth only on agriculture lands entirely within the city's annexation policy boundary. By providing a growth area boundary, the city can encourage the extension of city water and sewer service, as well as other city services, which enables more growth to come into the City of Kalispell with higher density. By allowing higher density development within the city's growth policy area, it could reasonably be expected that more farmlands could be conserved due to the availability of residential and commercial lots within the Kalispell Growth Policy boundary, limiting sprawl/leapfrog development. In this particular case, the land is already located within the city limits and partially developed. s F: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as High Density Residential. Areas designated as High Density Residential are served by urban infrastructure and services and are generally developed at densities of 20 to 40 dwelling units per acre, with a mix of uses including multi- family developments. The overall density is about 21.6 units per acre and does not exceed the density limits of the land use designation. The proposed subdivision can be found to be in compliance with the Kalispell Growth Policy and its goals and policies. G. Compliance with Zoning: The request complies with the RA-2 zoning regulations, including minimum lot size and width requirements. Minimum lot size in the zone is 6000 square feet plus 1500 square feet per unit. Phase 1 contains 108 units, which would be a minimum lot size of 3.79 acres. The lot size is 6.31 acres, well over the minimum size required. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-21-01 as findings of fact for the proposed subdivision and approve the final plat for Begg Subdivision, Phase 1. 9 B, SANDS SURVEYING. Inc. —,, 1­ Plat Of MT —01 (406) 755-6481 H�H 4-4 (P-j- 4-1) BEGG SUBDIVISION, PHASE 1 MatchDRAWING DATE: 11. I'll A Suboll Located in REVISED DATE' -y 15. 20 1 SW114NE114 SEC le, T28N., R.22W., P.M.-M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA FOR Tam Wilkes OWNER Byi— Crossings 1, LLC /V -------------- --- -------- -------------------- —T Z "T' T'��­Z`-.=-'1'11 .1u," W-11 L, 1= =11111 X11 11 wW T " . . ..... .. ai ---------------- — 31. A 11!1 E SATEOF k%ATNA_ -------- nV ----------------- -- ------------- FILE Na Dy: SANDS SURVEYING. Inc. 2 V/Llage Loop XaDapell, MT —01 (406) 766-6481 d08 NO. 4 2404 (Project 4-1) DRAWING DATE: March 2020 REVISED DATE' evly 15. 2021 COMPLETED DATE: / / FOR' Tam Wilkes OWNER &ytech Crossings 1, LLC Plat Of BEGG SUBDIVISION, PHASE 1 A Subdivision Located In SW114NE114 SEC. 12, T28N., R.22W., P.M.-M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA AvG zrrrtn° �hu✓Pv� au. �^efl.rv�uvfN, vs eo 3 in�°rw a ate,°�.,., aJ T'I\ M e \ a 9 nqA N I� lid/IN�//no, n / c eo y raa�> a ,ir � ne>6 it FILE Na SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 October 26, 2021 Kalispell Planning Office PJ Sorenson, Senior Planner 201 151 Avenue East Kalispell, MT 59901 Dear Jarod: Attached please find the materials necessary to review and approve the final plat for Begg Subdivision, Phase 1. 1 have listed the Conditions of Approval and address how each Condition is met. Begg Subdivision, Phase 1 (Formerly Crossings at Springcreek) was granted waiver of Preliminary Plat approval on November 13, 2019. The conditions of approval are addressed as follows. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. This condition is met. The subdivision is in substantial compliance with the approved preliminary plat. 2. The waiver of preliminary plat approval is valid for three years and will expire on November 14, 2022. This condition is met as the final plat is submitted prior to the expiration. 3. 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. This condition is met. Attached is a copy of the MFE from the MDEQ (EQ#20-1270). 4. Two Mile Drive adjacent to the subdivision shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards. Upgrades include curb, gutter, sidewalk, street trees and boulevard. This condition is met 5. 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. Rocky Mountain Education Page 1 This condition is met. See letter from Kalispell Public Works, Mark Crowley, CPII accepting the infrastructure 6. Prior to the final plat of lots 2-4, Teton Street shall be constructed in accordance with KCU-17-10. This condition will be met in Phase 2 when Lot 2 is submitted for final plat. 7. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be p4rovided to allow for 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. This condition is met. Public works has provided a letter approving the easements (9117/21) 8. 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 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 hold forever." Developers Signature This condition is met. The statement appears on the plat. 9. The proposed Lot lines shall meet the required setbacks from the proposed apartment buildings. This condition is met. 1. The City of Kalispell shall verify that parking and stormwater requirements are met prior to individual lots being sold. A note shall be placed on the final plat stating such. This condition is met. The subdivision is in substantial compliance with the approved preliminary plat. Attached please find a title report and tax certification. Thank you for your kind consideration of this application. If you should have any further questions or concerns, please do not hesitate to call. Sincerely, . lt� Eric�H. Mulcahy, AICP Sands Surveying, Inc. 2 Attach: Final Plat Application Application Fee - $925.00 Cover Letter (8/30/21) MDEQ Approval EQ #20-1270 (7/26/20) Kalispell PW MFE Approval Letter — City of Kalispell Public Works Acceptance Letter — City of Kalispell Public Works approval of Easements (9/17/21) Fidelity National Title Subdivision Guarantee (FT1585-213156 dated 9I3121) Consent to Plat — First Interstate Bank (9/16/21) Tax Cert (7/28/21) Development Services Department Kalispell, MT 59901 KA L I S P ELL 201 ist Avenue East Phone (406) 758-7940 FINAL PLAT Email: pllannin_gOkalispell. com Website: www.kalispell.com Project Name hase 1 Property Address 401 Two Mile Drive NAME OF APPLICANT Brytech Crossing 1 LLC, Attn: Tom Wilkes Applicant Phone (509) 979-1333 (Tom) Applicant address 9708 N. Nevada Street, Suite 1 City, state, zip Spokane, Ave 99218-6013 Applicant Email Address tom@brytechco.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Same Owner Phone Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCHITECT/ENGINEER) Phone Address City, State, Zip Email Address POINT OF CONTACT FOR REVIEW COMMENTS Sands Surveying, Inc Atttn: Eric Mulcahy Phone (406) 755-6481 Address 2 Village Loop city,state,Zip Kalispell, MT 59901 Email Address eric@sandssurveying.com List ALL owners (any individual or other entity with an ownership interest in the property): Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): Begg Subdivision Phase 1, SW114 NE114 of Section 12, T28N, R22W, P.M.M., Flathead County eh m Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. KALISPELL 1. Date of Preliminary Plat Approval i 2. Type of Subdivision: Residential Industrial Commercial 3. Total number of lots in Subdivision: One ici in Phase 4. Land In Project (acres) o a, o 6. Cash -in -lieu S 5. Parkland (acres) NA 7. Exempt Yes 8. Number of lots by type: Single Family Multi-Famlly One Lot Commercialllndustrial Mobile Home RV Park Townhouse (sublots) Other INSTRUCTIONS FOR FINAL PLAT Development Services Department 2011st Avenue East Kalispell, iNT 59901 Phone (406) 758-7940 PUDO Other 1. Attach a letter, which I:sts each condition of preliminary plat approval, and individually stale how each condition has specifically been met. In cases where documentation is required, such as an engineer's certificat on, State Department of Health certification, etc., original letters shall be submitted. Blank statements stating, for example, "all improvements are in place" are not acceptable. 2. A complete final plat application must be subm:tted no ;ess than 60 days prior to expiration date of the preliminary plat. 3. Please verify the final plat with staff and subm t to the county 509 committee prior to submitting mylars. REQUIRED SUBMITTALS Attached Not Applicable Cover letter addressing preliminary plat cond tions w1 attachments Title Report (Original, not more than 90 days old) IX Tax Certification f Property Taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvement Agreement .Attach signed original & collatoral) Parkland Cash -in -lieu (Check attached) Water rights transfer Copy of CCR's Plats (2 mylars & 1 electronic copy) other attachments required per appendix D of subdivision regu-ations I hereby certify under penalty of perjury and the laws of the State of Montana that the Information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. Applicant Signature taaee 1KALISPELL APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 30 days prior to the City Council Meeting) Application Contents: Development Services Department 2011st Avenue East Kalispell, MT 59WI Phone {406) 758-7940 1. Completed application form & attachments 2. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) 3. Electronic copy of the .dwg files of the final plat 4. Application fee based on the schedule below, made payable to the City of Kalispell: Minor Subdivision with approved preliminary plat $400 + $125 per lot Major Subdivision with approved preliminary plat $800 + $125 per lot Subdivisions with waiver of preliminary plat $800 + $125 per lot Subdivision Improvement Agreement $50 Filing Fee Attached $ 925.00 Fqq I�1111�■■�■■■■■A�■11�11 �'�°° 046"Pi m Rn1h...Cnm„1fft"tC Return To and Taxes: Botech Crossings, LLC 9708 N Nevada Ste 001 Spore, WA 99218 ATEC OrderNo.: 366098 WARRANTY DEED For Value Received V-risd Taylor, as Sole Trustee of the Edna R. Begg Trust The grantor(s), do(es) hereby grant, bargain, sell and convey unto Brytech Crossings, LLC, a Montana Limited Liability Company Whose Current address is 9708 N Nevada Ste 001, Spokane, WA 99218 The grantee(s), the following described premises, in Flathead County, Montana, TO WIT: Tract 1 of Certificate of Survey No. 20690, situated, lying and being in the Southeast Quarter of the Northwest Quarter and in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that helshelthey is/are the owmer(s) in fee simple of said premises, that they are fine from all encumbrances Except: Current Year Taxes, conditions, covenant% restrictions, reservations, casements, rights and rights of way of record. And that he/shelthey will warrant and defend the same from all lawful claims whatsoever. Dated: April 19, 2018 Edna R Begg Trust By:�w1r1. �l Kristi Taylor, aYSole Trustee State of MT) ss. County of Flathead) On thus 20th day of April, 2018, before rue, Jessica A. Crofts, a Notary Public in and for said state, personally appeared Kristi Taylor known or identified to me to be the person whose name is subscribed to the foregoing instrument as trustee of the Edna R. Begg Trust, and acknowledged to me that helshe/they executed the same as Trustee. IN W XWESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in ttti,�oergfic, to #tat above writtert. ��f" JEICA A. CROFTS Jessica A. s , NOTARY PUBLIC or the Notary Public for the State of Mf ��"� State of Montana Residing at Residing at: Kalispell s Kalispell.Montana Commission Expires: 09/20021 %, s ,�.`�` My Commies on Expires PLANNING FOR THE FUTURE November 13, 2019 Sands Surveying ATTN: Eric Mulcahy 2 Village Loop Kalispell, MT 59901 MONT"A Re: Waiver of Preliminary Plat Approval — Crossings at Springcreek Dear Eric: Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/Plannin2 This letter is in response to your request for waiver of preliminary plat for a four lot minor subdivision. The subdivision will subdivide a 15-acre lot into four lots ranging from .75 and 6.4-acres in size. The property to be subdivided is zoned RA-2 (Residential Apartment/Office). The property is generally located at the 500 Block on the north side of Two Mile Drive and immediately west of Glacier Street, Yellowstone Street and Teton Street. The subject property can be legally described as Tract 1 of Certificate of Survey 920690 in Section 12, Township 28N, Range 22W, P.M.,M., Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided under Section 28.2.08 of the Kalispell Subdivision Regulations. Specifically, it meets the following criteria if the applicants agree to these terms: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. Due to the relatively minor impacts that this subdivision poses, and the fact that the impacts associated with the development were addressed through approval of conditional use permit (KCU-17-10), this office grants preliminary plat approval subject to the following conditions: Prior to final plat 1) That the final plat is in substantial compliance with the preliminary plat that was waived. 2) This waiver of preliminary plat approval is valid for three years and will expire on November 14, 2022. 3) 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. 4) Two Mile Drive adjacent to the subdivision shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards prior to final plat of Phase 1. Upgrades include curb and gutter, sidewalk, street trees and boulevard. 5) 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. 6) Prior to final plat of Lots 2-4, Teton Street shall be constructed in accordance with KCU-17-10. 7) All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 8) 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 9) The proposed Lot lines shall meet the required setbacks from the proposed apartment buildings. 10) The City of Kalispell shall verify that parking and stormwater requirements are met prior to individual lots being sold. A note shall be placed on final plat stating such. Waiver of preliminary plat approval does not constitute approval of the subdivision, nor does it constitute approval of the site plan for the proposed lot. Please note that prior to final plat approval all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please contact me. Sincerely, Tom Jentz Director D E a QM, Montana Department of Environmental Quafty June 26, 2020 Todd Whipple Whipple Consulting Engineers 21 S Pine Road Spokane Valley WA 99206 Dear Mr. Whipple; RE: Begg Subdivision Phase 1 Municipal Facilities Exclusion EQ# 20-1270 City of Kalispell Flathead County 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 Declaration 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. Begg Subdivision Phase 1 Municipal Facilities Exclusion will consist of 1 Lot with 108 Single Family Units. Sincerely, Ashley Kroorf Department of Enviro;urental Quality Engineering Bureau Public Water & Subdivision Review (406) 461-9844 email akroon(c�lnnt. og_v cc: City Engineer County Sanitarian Owner file Steve Bullock, Governor I Shaun McGrath, Director I P.O. Box 200901 1 He;ena, MT 59620.0901 1 (406) 444-2544 1 www.deq.mt.gov MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY DEQ MUNICIPAL FACILITIES EXCLUSION Subdivision Name: 'Bea �"WiuiS �oy-1 _ Number of lotslparcelslunit3: 5 ! -5f 3z'-: Geocode: O 39�5_ I"L- I-pt "d3-+3o00 (this can be found at rill JI vent. ov/msilmtG t-al Are main extensions necessary to serve the subdivision? XYes _No If yes. have plans for the mains been submitle-i for review? XYes _No tiow whi construction of the facilities be financed? priva+e ��p-nCin Owner Information: Owner(s) Name: TorA W;IkC5, Br fit (Pffr-1114S, UC /4�1 cx �J Prin! name of owner(s) Signature of all owners of record Address: 908 " Ot-,"a St Sµik L- SF' 64"p— l,ufr Igzl8 Street or PO t3ax, City, State. Zip Code Email: 4-oma bry+rc� co. Gnw, Phone: Consultant Information: Company and Address: Wk"ppLe So g r T-M 1351 ZI S PiAer Email: +o1k1 okiep(ece -Gom Phone: - l 91266, 50q - ? 13 - 24 (�- Eliclibility Re uirements: All of the foltowina criteria must be met: The protect must be provided with adequate municipal water and sewer, solid waste dsposai and the municipality must review storm water plans Alt the mains necessary to serve the subdivision must be municipality owned operated and mainta!ned- Privately owned mains or lift stations make the project ineligible for this exemption. The municipality must be a 1ft at 2°0 Gass municipality as described in MCA 7-4-111 or covered under a growtt- policy pursuant to Title 76, chapter 1 The project must be one of the following (check appiicab!e box). A new division subject to revew under the Montana Subdivision and Platting Act, or Previously divided parcels recorded with Sanitary Restrict ons prior to July 1 1973 or Divisions or parcels of land that are exempt from Montana Subdivision and Platting Act reve',+. under 76-3-203 or 76-3-207 (1, (a), (b), (d). (e), or(f) F.Wm mnbnues M mx(caag� _� Submittal Requirements: All of the followin-g items must be submitted: This form, signed by the property owner and the municipalities' representative. Copy of Preliminary Plat, COS, Amended Plat or Unit Declaration. The Plat, COS, Am Plat or Unit Declaration must contain the exemption 76-4-125 (1)(dxi). (ii) or (ili), If using item (iii), the Plat. COS, Am Plat or Unit Declaration must also contain the appropriate Platting Act exemption. Vicinity map showing project location ❑ Applicable zoning ordinances in effect ❑on file ❑ Copy of growth policy, if applicable ❑on file ❑ $120 processing fee Certification: I hereby certify that I am licensed to practice eng-neering in the State of Montana_ I am employed directly or reta.ned by the municipality providing service and am authorized to sign on behalf of the municipality. In addition, I hereby certify that. t. The existing water and wastewater systems are in compliance with the provisions of Title 75, chapters 5 and 6, and 2. The water and wastewater systems have adequate capacity to meet the needs of the project, and 3, The municipality has or wits review plans to ensure adequate storm water drainage and adequate solid waste disposal. of Professional Engineer) Montana P.E. Number 28672 Send to: MTDEQ Subdivisions PO Box 200901 Helena MT 59620-0901 05/29/2020 3:07:45 PM (Date Signed) 4ONT A/V * DQUGL4S KEITH HASKINS �4 No. 29672PE PE Stamp CITY OF KALISPELL March 6"', 2020 Ryan Andrade, PE Project Engineer Whipple Consulting Engineers 21 South Pine Road Spokane Valle, WA 99206 Re: Crossings at Spring Creek Conditional Engineering Approval Dear Mr. Andrade, The drawings submitted on March 3`d, 2020 for the above project are hereby approved contingent on the following items: • The owner must sign and return the waiver of right to protest an SID for stormwater maintenance if the owner does not maintain the property or reconstruction of failed stormwater facilities. • The owner must sign and return the agreement to retain a professional engineer to witness and verify construction is in compliance with the approved design and City Standards (see Appendix J of the City Standards). • The property owner adjacent to the utility lot in the development is responsible for maintaining the grass and/or landscape area on the city utility lot that is not fenced in. The following deviations are hereby approved only for this project. Several Site and project specific factors were taken into account with this project. The same deviation requests may not be approved on future projects: • The request to deviate form 7.1.5G.La to allow the water quality unit to be located downstream of underground detention facilities. • The request to deviate from 7.1.5G.VLa.i.A to not require a 2 foot sump at all access ports. Five reviews were done at a cost of $180 each. Please submit the review fee of $900 to the City of Kalispell Building Department with the other building permit fees. 2011' Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406) 758- 7720 — Fax (406) 758- 7831 www kalispelLcom 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. 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, fAmh� Patrick Jentz, PE Engineer 2 cc: Emily Gillespie, PE — MDEQ Keith Haskins, PE — City Engineer Mark Crowley, — Construction Manager 2011' Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831 www kalispelLcom CITY OF KALISPELL October 26, 2021 Mr. Paul Walker, Project Coordinator Denman Construction P. O. Box 5420 Whitefish, MT 59937 Re: Crossings at Spring Creek Phase 1 Subdivision a.k.a. The Landings Dear Mr. Walker, All public infrastructure constructed for the Final Plat of Crossings at Spring Creek Phase 1, and proposed to be transferred to the City of Kalispell, has been designed and constructed in accordance with MDEQ and City Design and Construction Standards. It has been tested and certified by a Montana licensed Professional Engineer in a letter dated October 21, 2021 and accepted by the Department of Public Works. One modification from the plans was the direct connection of the storm drains on Two Mile Drive to the privately owned and maintained lift station. In addition, all required easements and rights -of -way have been determined to be acceptable. Sincerely, wezle� Mark Crowley, CPII 201 1' Avenuc E Phone (406)758-7720 P© Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 WWWA S291l.co}n ClTyor- ) KALISPELL September 17, 2021 Eric Mulcahy Sands Surveying, Inc. 2 Village Loop Kalispell, MT 59901 Re: Easements — Begg Subdivision — Phase 1 Dear Mr. Mulcahy, The Final Plat for Begg Subdivision, Phase 1, as part of the Landings on Two Mile project (previously Crossings at Two Mile) 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 H"ins, City Engineer 201 1" A%enue E Phone (406)754-7720 Fc, BOX [00� I Public 'Works Department Fax (406)758-73,1 I Kalispell. NIT 5�',9031 %v%%w.kalispell.com CITY OF KALISPELL October 27, 2021 Kalispell Planning Department Attn: PJ Sorenson P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Re: Crossings a Spring Creek 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 approval on the landscaping within the boulevard along 2 Mile Drive for the Crossings at Spring Creek, per plans submitted by Whipple Consulting Engineers dated January 20, 2020. Tree plantings are required to maintain 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. Any landscape revisions or substitutions need to be authorized by Kalispell Parks and Recreation prior to installation. It should be noted that the trees and landscaping are under a 2- warranty period, and should they die within this time frame, the developer/owner will be responsible for replacement. If you have any concerns or questions, please give me a call. Sincerely, ld� �— Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation SUBDIVISION Issued By: Guarantee/Certificate Number: Fidelity National Title' FT1585-213156 Insurance Company FIDELITY NATIONAL TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Sands Surveying, Inc herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Fidelity National Title Company of Flathead Valley, LLC 1501st Avenue WN, Suite B Kalispell, MT 59901 ,eu Countersigned By: SEAL Authorized Officer or Agent Fidelity National Title Insurance Company By: Randy Quirk, President Attest: Marjorie Nemzura, Secretary Subdivision Guarantee/Certificate Printed 09.15 21 @ 11 34 AM Page 1 MT-FT-FLAT-01585.350200-SPS.1-21-FT1585.213156 FIDELITY NATIONAL TITLE INSURANCE COMPANY ISSUING OFFICE: GUARANTEE/CERTIFICATE NO. FT1685-213166 Title Officer: Karla Kemm (MG) Fidelity National Title Company of Flathead Valley, LLC 150 1 st Avenue WN, Suite B Kalispell, MT 59901 Main Phone: (406)755-7004 Email: Kada.Kemm@fnf.com SCHEDULE A Liability Premium Tax $10,000.00 $150.00 $0.00 Effective Date: September 3, 2021 at 08:00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: Tract 1 of Certificate of Survey No. 21530, located and being in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana. The above described tract of land shall hereafter be known as: Begg Subdivision, Phase 1 Title to said real property is vested in: Brytech Crossings 1, LLC, a Montana limited liability company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision GuaranteelCertificate Printed 09.15.21 Q 11:34 AM Page 2 MT-FT-FLAT-01585.350200-5PS-1-21-FT1585-213156 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1585-213156 SCHEDULE B 1. Any defect, lien, encumbrance. adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I —Requirements are met. a. Rights or claims of parties in possession not shown by the Public Records b. Encroachments, overlaps, boundary line disputes. and any other matters which would be disclosed by an accurate survey and inspection of the Land including, but not limited to, insufficient or impaired access and matters contradictory to any survey plat shown by the Public Records. c. Easements. or claims of easements, not shown by the Public Records. d. Any lien, or right to a lien, for services, labor_ or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. e. (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 accepted under (a), (b), (c) are shown by the Public Records. f. Taxes to special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. g. 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 MCA, including, but not limited to any right of the public to use and occupy those certain roads and trails. h. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel, or stone, and geothermal energy rights, and easement or other rights or matters relating thereto, whether express or implied, recorded, or unrecorded. Paragraphs 1, a, b, c, d, and f will not appear as printed exceptions on extended coverage policies, except as to such parts thereof which may be typed as a Special Exception as shown below. SPECIAL EXCEPTIONS; 2. General Taxes for the year 2020 1st Half; $2,233.09 PAID 2nd Half: $2,233.06 PAID Tax ID No.: 75-0015513 Affects- Premises and other property 3. General County Taxes for the year 2021 and subsequent years which are a lien but not yet due or payable. 4. Due to the property being split, no information is available for the purpose of tax proration for the tax year 2021. 5. Any possible additional tax assessments because of construction and/or improvements to the property. Subdivision Guarantee/Certificate Printed. 09 15.21 @ 1t`35 AM Page 3 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585.213156 GUARANTEEICERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1585-213156 SCHEDULE B (continued) 6. Delinquent water and service charges of the City of Kalispell, if any, for which no investigation has been made. 7. Easement(s) and rights incidental thereto as set forth in a document: Recording Date: March 15, 1937 Recording No.: 226/598 8. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Vivian Kinchella Recording Date: May 4, 1944 Recording No.: 257192 9. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 6690. Reference is hereby made to the survey for more particulars. 10. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 20690. Reference is hereby made to the survey for more particulars. 11. This property lies within the boundaries of Resolution No. 5856 for Annexation, recorded March 7, 2018 at 201800004537 and will be subject to any levies and assessments thereof. 12. Grant of Conditional Use Recording Date: March 7, 2018 Recording No.: 201800004538 13. Easement(s) and rights incidental thereto as set forth in a document. In favor of: Flathead Electric Cooperative, Inc. Recording Date: April 24, 2020 Recording No.: 202000010569 14. Waiver to Protest the Formation and Participation in a Special Improvement District Recording Date: May 1. 2020 Recording No.: 202000011130 15. Recitals, notes, sanitary restrictions, ordinances, resolutions. easements, dedications and covenants as contained or referred to on Certificate of Survey No. 21530. Reference is hereby made to the survey for more particulars. Subdivision Guarantee/Certificate Printed 09.15.21 0 11.35 AM Page 4 MT-FT-FLAT-01 585.350200-SPS-1-21 -FT1 585-213156 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 16, City of Kalispell Impact Fee Assessment Agreement Recording Date May 11, 2021 Recording No.: 202100016276 And Recording Date: May 11, 2021 Recording No.: 202100016277 And Recording Date: May 11. 2021 Recording No_. 202100016278 And Recording Date: May 11, 2021 Recording No.. 202100016279 And Recording Date: May 11. 2021 Recording No.: 202100016280 And Recording Date_ May 11, 2021 Recording No.: 202100016281 GUARANTEEXERTIFICATE NO. FT1685-213166 17. Recitals, notes, sanitary restr ctions, ordinances, resolutions, easements, dedications and covenants as referred to on proposed survey or plat to be recorded prior to or as a part of this transaction. 18 Notice of Right to Claim a Lien Claimed by: Rodda Paint Company Against: Brytech Crossings 1, LLC For: paint Wor related materials Recording Date February 10, 2021 Recording No.: 202100004924 Affects: Premises and other property 19. Notice of Right to Claim a Lien Claimed by: Sherwin Williams-1750G DBA Columbia Paint and Coating Against: Brytech Crossings 1 LLC For: building materials and professional services Recording Date: April 5, 2021 Recording No. - 202100011797 Subdivision Guarantee/Certificate Printed. 09.15.21 @ 11.35 AM Page 5 MT-FT-FLAT-01585.350200-SPS-1-21-FT1585-213156 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 20. Notice of Right to Claim a Lien Claimed by: Rodda Paint Company Against: Brytech Crossings 1, LLC For: paint Wor related materials Recording Date: September 3, 2021 Recording No.: 202100031846 21. A deed of trust to secure an indebtedness in the amount shown below GUARANTEEICERTIFICATE NO. FT1685-213166 Amount: $13,400,000.00 Dated: July 15, 2020 Trustor/Grantor: Brytech Crossings 1, LLC, a Montana limited liability company Trustee: Fidelity National Title Company of Flathead Valley, LLC Beneficiary: First Interstate Bank Recording Date: July 15, 2020 Recording No.: 202000019586 Affects: Premises and other property 22. Assignment of Rents Recording Date: July 15, 2020 Recording No.: 202000019587 Affects: Premises and other property 23. The land described in the commitment/policy shall not be deemed to include any home trailer or mobile home located on the property. 24. Exceptions and reservations contained in Patents of record. END OF SCHEDULE B Subdivision GuaranteelCertiflcate Printed. 09.15 21 (cP 11 B5 AM Page 6 MT-FT-FlAT-01585.350200-SPS-1-21-FT1585-213156 2 28-22 SUBJECT The map/Plat Fs being fwnbdved as an aid In long Ow herein described land in relation to adjoining streets, natural boundaries and other land, and Is not a survey of the Sand deputed. Except t0 the extant a polky of tMe I=wmws Is exprody modMied by endorsement, If any, the Company does not Inatrre dimensions, distances, location of easements, acreage or other matters shoran thereon. N The map/PW IA beheY ftatddwd as on a•d M loadlttp the hwWn dtlsramed lad 1n ttkb- to a,4Qk* p stta- natural boeatdartea and 91111er tad, wad 1. trot a V///�` survey of the +and depkWd. Except to the extort a pdtq Of Ut% ]UPO np if exprezdy RMdhkd by w4actiemenk if a", the Comwmo &m not ins" dtleteM10113. dls"CIS, HNNUM of emaanatsa, aaaage w OUNN enattns ahtlaln "MOM . By SANu4 SURVEYING, Inc. 2 Village Loop Kalispell, MT 59901 (406) 755-6481 JOB NO. 472404 (Project 472401) DRAWING DATE: March 17, 2020 REVISED DATE: June 19, 2020 p COMPLETED DATE: O / 7 /,0,90 FOR: Tom Wilkes OWNER: Brytech Crossings 1, LLC, CERTIFICATE OF SURVEY SWI14NE114 SEC. 12, T.28N., R.22W., P.M.,M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA "° " SCALE : r' - 100• Purpose: UTILITY SITE (TRACT 2) 0 rtU' ew PrRB0I= aAMOMBOM OWAMFg' C11109 t 770M A MCr OF LAND. S1IVA'M LYINC AIM RMV D1 W $XT fW=r Ve hereby eerury U.t the purpwd of thle dt-Won of had 4 QUAR1fR OF I= 1fOR11jEAST WGRM of 5 M7W IR MWXS1� A! for Ure anaUen er a '. Nl,,, du' IMMer gi: tbetfnw, lble NOR71l RANCa K. FLA"MW COUN71,, MMUNA, AND dMafm of had It exempt tram rerh► " a wbdlrtWm Purrusat NOW6 PAR7lcuumEr DiviRdw As rcao is I17 m. to SMU" 79-3-MI(Ixh), ICCd heat 1 of Cirrtlflc.b a1 Sur'ntF Na 80d0O (rrcArdr N IL1hAAd AWD FRAGF 1 hr awfaded ftom eaoftatfm r@Ws- by the Department at L'wtot)J, Yaat.a.) d eeat.fdnd 15.000 ACRES Sub)rat t. .ad �yronmaet.f Quaflty puyuaat to A&V 17,316WR)(a) As W talretber wNb Appurtenant a Awtw of rwcw%L i p.rre) Lb" haw w ladNUN how "tar .upvy w.e iar ntwr it dlePond. storm drala.de or wild -aau EhpoeAt, M no fielNthe -/S3o eonetntated m the parcel• ts•.et 1 .f eorWfe.l. of SYrrrey me, (reeatde w wbe R.tbwd Carely. 14eefa s) and owalalnfaa 14.971 ACRM Subject to MAO 9 h oa.lrrdod be. e.nfulfoa roWAw by the Department of .ad tcaether wfib aD AppurleeAat usemdnfr of r.eare 6),dfrmmental QuAUty pauwaat is HCA 76-4-125(1)(.) Ae the 117AGT t (Ul11/t Site) dfrfelm %r created far rghim-of-way w ullbly aflea. y a /"o A eubeequeat ch.W In the ua. or the bnd to a roWden"w. r".1 Y of Cartfdcat. of St y Al (rwCwde of ma merWal or ladw0W uw (a "bJwt to the reyulreatones of Me Cowrll. MogLa) And con-fnma 0020 AC= SUbjeot to MU. 7A cbdJAf Z)•_ .Uhwd end fA(Itbfr` Mte AD Appiurlt.aml Aesemenh a tecard. 1Wfsf(llll 191Et..1 t I- 339 saD"biiJO� 0[4.71'tRAFJ \'L andoraarl ` asa9d �RrF% jll Q ORA V— rwmd w a-ver Aisr a. t6, ctw,r, 4 ArarN. f srmpt J 4� SUBJECT 14..9tn Ac, 7 � fs1nN as: (eo' taty srre.p c � � a st aas• � � areay� it (pORfA r) � O M.Lows7w a sr. TRACT' 2 (Duaey aw) 029 Ac. solv5i0 V 54.50• � POEj ,va) NSB"d6 d07 VOW (W CIS► unw) (cog lopw �� JfSD'd8'a7V 7"43mm �a dtea� s,Jao.) tf�A Ml MW DRI9d (W CI1T Sleet) A4 BT• Ov+ r A. Denmm, Yaosw STATS OF. ) COUNTY DF�St�,.e._) � on tbm a der of e,7rra 26 =g-- 9wqw3�_p. Nod ry�onRAe6ft foetheSure N aee 1uaK YfiL7l C1t0.4 ! aPAA.DZ k we Ar N !IR !, lifer Mato t o me to to be the perem w0oae name 6 enwar[hed tro �'Ar; Imlrument a" who duly rolmo.ledded to me th.t br ereauted the wen.. a Netlry dUe /ar Ih. 9t.le of eewt,Jumv N thoa. ear. sans LEGEND- * sat 1/2 ir24' Reber At Cap (19£365) i Found 1/2' Reber d Cap (79765) e Found 5/8' Reber O Found S/a' Reber d Cap (7918S) O Found 3/6' Robar k Cap (OMLS) • Found I-I/2' Alum. Cap (8020s) A Found 1-1/2' Alum. Cap (11160Wd) to) Record Wormatlon Far CDs 2ww (F) Found lnformaUon CERTIFICATE OF R1,5YOR >drerses F�i �•7. JaiFIUA NELSON 192:iXe. L APPROVED- -)-aa .202Q EXAMOWG LAND sURVMR AM. No, 9s2Bs SUM OF MONTANA J � COUN" OF FLITHEAD FRSD ON 77lE a BAT OF A&_ 202JL AT 2:22 AM , PAID FEE-SaVt-' �.h4]ti �tP�'Ci1TMl CLOX • RECORDER tP BY 1Ali 1't°A'e` 06PUTY. 6ysTRUmmff REC, No, QC3CQMQ4" W COS# 21530 2020DO024949 Feet: f26.S0 by: KW by SANDS SURV Dale 611412020 Tlne 9:22 AM Dabble 14amn, flathead County Montane , Y� eDO. SIfEEr ! OF ! S11L'Ef5' CERTIFICATE OF SURVEY No. dh5.3a FLATHEAD COUNTY 2020 REAL ESTATE TAX BILL%Y,• Adele Krantz, Treasurer )!'1 i 935 I it Ave W Ste T Kalispell MT 59901 =(� 41063 758.5680 htlp llalhead-mt gov property lax ASSESSOR NUMBER: 0015513 TAX SILL NUMBER: 202049971 BRYTECH CROSSINGS 1 LLC SCHOOL. DISTRICT: 75 9708 N NEVADA ST STE 1 GEO CODE: 07396512101030000 SPOKANE WA 99218 Property Location: 401 TWO WE OR KALI$PELLUT 5930t Parties with ownership Interest as of January 1, 2020 Property Description O-W OI Reod'd.-8RYMCH CROSSINGS t tL'. 12 2B 22TR 21AaB W S WANE4 Ups of Prollertf Market Valus Taxable value Description Percentage Arount Real Estate 121.200 1.636-06 County Functions S.02% 224.31 No Buildings Assessed 0 0 Education 17.24% 769.97 ------------ ............ City Functions 77.67% 3469.12 Totals 121,200 1.636-00 other 0.06% 2.75 SUMMARY OF TAXES, LEVIES & FEES COUNTY .068630 112.27 COUNTY LIBRARY .006260 10.24 SHERIFF .038700 63.11 CO PERM MED LEVY .012760 20.88 NOXIOUS WEEDS .001280 2.09 COUNTYWIDE MOSQUITO .000910 1.49 911 GENER 08LIG BOND .001880 3.08 PERM SRS LEVY .000700 1.15 BOARD OF HEA.TH .005990 9.80 SUBTOTAL - TAXES FOR COUNTY FUNCTIONS... .137110 224.31 STATE - UNIVERSITY .006000 9.82 GENERAL SCHOOLS .104120 170.34 STATE - SCHOOL AID .040000 65.44 FLAT VAL COM COLLEGE .014490 23.71 FLATKEAO HIGH SCHOOL .096400 1S7.71 KAL CITY ELEM 75 .203590 333.07 FVCC PERMIS MED LEVY .006040 9.98 SUBTOTAL - TAXES FOR EDUCATION.......... .470640 769.97 KALISPELL CITY .167420 273.90 KAL PERM MED LEVY .022000 35.99 KAL LIGHTING SO 718.74 KAL STORM SEWER 478.49 KAL URBAN FOREST DST 413.00 KAL STREET MAINT 1549.00 SUBTOTAL - TAXES FOR CITY FUNCTIONS..... .289420 3469.12 SOIL & WATER CONSERV .001680 2.75 SUBTOTAL - OTHER TAXES AND FEES......... .002680 2.75 Total Mills Levied 0.798850 Total Taxes and Fees . . . 4466.1S 28837 1st installment due 11/30/2020 ex 2233.09 2nd installment due 05/31/2021 . 2233.06 Tax paid receipts will be mailed only if a self-addressed stamped envelope is enclosed. To pay ovv°ewtaxes online,goto http://flathead.mt.gov/property_tax. A 3'4 fee wD be charged on all credit/debit card payments. There is no fee to pay by e-check. Payments made after 5:00 pm or postmarked after the due date musA Inca,de 2% pena'ty & monthly interest of 5/6 of 1% (0.008333). -- Fla! !0 A- Cr.UITL­ irrel, V. FI ! Cie _4; ::-i n : - Cl '!J .i 1, as.. i, Keep upper portion for your records Ratu,,i stub with payment Paymeni must be hand 41WUked, paid ;nlme,4;r0WMirked by S DO Amon, MAY 31, 2021 Make checks payable to FLATHEAD COUNTY TREASURER Please include your tax bill number on your check. ASSESSOR NUMBER: 0015513 Pay by e-<heck. cred t1debit card online at tlttp:{/flathead.mt gov/property_tax TAX BILL NUMBER: 202049971 DO NOT PAY THIS IF IT IS INCLUDED IN YOUR fv10RTGAU5 PAYMENTPAYMENTSCHOOL DISTRICT: 75 It your address has changed, please make corrections bellow, No additional notice will be BRYTECH CROSSINGS 1 LLC sent for this installment. 9708 N NEVADA ST STE 1 SPOKANE WA 99218 T A I. D 2 NO 2020 REAL ESTATE A�uuuUWiami4,444ii ------------------------------------------------------------------ Return stub with payment Payment must be ^and le'ivered.,paid online, at postma•k1•d by S DO vmon: NOVEMBER 30, 2020 Make checks payable to FLATHEAD COUNTY TREASURER Please include your tax bill number on your check. ASSESSOR NUMBER: 0015513 Pay by LF :helk, credit/debit card online at http./iflathead.mt-gov/property_tax TAX BILL NUMBER: 202049971 DO NOT PAY THIS IF IT 15 INCLUDED IN YOUR MORTGAGE PAYMENT SCHOOL DISTRICT: 75 If your address has changed, please make corrections below. Tax Amount Due: 2333.09 SRYTECH CROSSINGS 1 LLC 9708 N NEVADA ST STE 1 4466.15 SPOKANE WA 99218 ll !!�II��II IIII 11T 2020 REAL ESTATE ®1111111111Emil III mmiuimiifuilioiHim FFPage ofpp2pp05 Debbie Pierson, flathead County HT by DD 6/2B/2D2��§4 Retum to: kps Johnson Berg & Saxby, PLLP PO Box 303 8 Kalispell, MT 59903-3038 M V-1 Ln Ln ri d O GRANT DEED This Indenture, made this lf� day of June, 2020 between of BRYTECH CROSSINGS, LLC of 9708 N Nevada, c Suite 001, Spokane, Washington 99218, the party of the first part, and BRYTECH CROSSINGS 1, LLC of 9708 c N Nevada, Suite 001, Spokane, Washington 99218, the party of the second part. NVITNESSETH, that the said party of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ($10.00) to it in hand paid by the said party of the second M part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, convey and quitclaim unto the osaid party of the second part, and to its assigns, forever, all that/those certain lot(s), piece(s), or parcel(s) of land Q. situate, lying and being in the County of Flathead, State of Montana, and particularly described as follows, to -wit: CL a Tract 1 of Certificate of Survey No. 20690, situated, lying and being in the Southeast Quarter of the Northwest Quarter and in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, A.M.M., Flathead County, Montana, SUBJECT TO any and all covenants, reservations or restrictions of record or easements of record or in open use and enjoyment. TOGETHER WITH all and singular the hereinbefore described premises together with all tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, right of dower and right of homestead, possession, claim and demand whatsoever as well in law as in equity, of the said party of the first part, of, in or to the said premises, and every part and parcel thereof, as well as any after -acquired title, with all appurtenances thereto belonging, TO HAVE AND TO HOLD, all and singular the above -mentioned and described premises together with appurtenances, unto the said party of the second part and to its assigns, forever. Grantor agrees to no statutory or common law covenants of warranty except to the extent necessary to prevent the termination of any title insurance coverage insuring Grantor. IN WITNESS WHEREOF, the said party of the first part has executed this deed the day and year first hereinbefore written. BRYTECH CROSSINGS, LLC By: 4tj' 4 Thomas L. Wilkes, Manager Page I of 2 Grant Deed I Brytech Crossings, LLC to Brytech Crossings 1, LLC lal8lill�illlminmill�ll�illlillulldlilll�ll8 Papa:?oFz05 F04W $14.00 6/29/2020 12:40 PM STATE OF MONTANA ) ) SS. County of Flathead ) This instrument was acknowledged before me on the Z.q 3ay of June, 2020 by THOMAS L. WILKES, Manager of BRYTECH CROSSINGS, LLC. I HAILEY MAGSTADT `—O— � i — rao��a3��--a-NOTARY PUBLIC for the Notary Public f e Sta a of,� ontana SEAL State of Montana Residing at Kalispell, Montana y�Fo� tisoh`��v MY Commission Expires November 01, 2020 Page 2 of 2 Grant Deed - Brytech Crossings, LLC to Brytech Crossings I, LLC CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, First Interstate Bank, as beneficiary of a Deed of Trust dated July 15, 2020 to secure an original indebtedness of $13,400,000.00, recorded July 15, 2020 as Document #202000019586, hereby consents to the Platting of a tract of land to be known and named as Begg Subdivision, Phase 1. IN WITNESS WHEU OF, said part has caused their name to be subscribed hereto on the day of � 2 t t ignature Printed Name andTitle STATE OF S COUNTY OF On this day of _,� , 20 , ;before me Notary Public for the State of , personally appeared _ �_ tH YU , known to me to be the person whose name(s) is/are subscribed to e foregoing instrument and acknowledged to me that he/she/they executed the same. i Notary Public for the . ate of Notary Public State of Washington VENEW L HUNT MY COMMISSION EXPIRES April 1, 2023 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Sands FOR: Begg Sub Ph 1 DESCP : Tr 2MAB in 12-28-22 YEARS 2016 thru 2019 7OZ0 �� yo DATE: 7/14/2020 PURPOSE: Subdivision ASSESSOR # 0015513 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. Imo. 2 8 2021 Deputy Tr urer (seal) 000N; k 63