Staff Report - Silverbrook Ph 3 Preliminary PlatCITY OF
KALISPELL
Development Services Department
201 Is' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: KPP-22-01 — Silverbrook Phase 3 - Preliminary Plat
MEETING DATE: March 7, 2022
BACKGROUND: Silvermont Properties, LLLP, has submitted a request for preliminary plat
approval for Silverbrook Estates Phase 3, a major subdivision containing 12 lots (10 residential and 2
commercial) on approximately 22.12 acres including the lots, roads, and open space. Silverbrook is
an existing mixed -use subdivision and planned unit development. The original Silverbrook Estates
encompassed 325 acres and was proposed with two main phases. This proposed phase was part of
the second phase. Over time, the specific layout of phase two has changed with the course of
development, such as the PUD amendment which rezoned a portion of the property to RA -I in 2018
to allow for the multi -family development which is currently under construction. Due to changes
which have resulted in more than five property lines being changed, the subdivision regulations
require a new preliminary plat. The new proposed plat also includes roads and utilities which have
already been built in conjunction with the multifamily development.
The property is located in the northeast portion of Silverbrook Estates and can be described as a
portion of Tract 3 and 4 of Certificate of Survey 15896, on file and of record in Flathead County,
Montana, located in the northeast quarter of Section 13, Township 29 North, Range 22 West, P.M.M.,
Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing on February 8, 2022, to consider the
preliminary plat request. Staff presented staff report KPP-22-01 providing details of the proposal and
evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact and
recommend to the Council that the request be granted subject to 27 listed conditions.
No public comments were received. The public hearing was closed and a motion was presented to
adopt staff report KPP-22-01 as findings of fact and recommend to the Kalispell City Council that the
preliminary plat be approved subject to the 27 conditions. Board discussion concluded that the
request was appropriate, and the motion was approved on a unanimous vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution
6060, a resolution approving a request from Silvermont Properties, LLLP for approval of the
preliminary plat for Silverbrook Estates Phase 3 (KPP-22-01), a major subdivision preliminary plat
consisting of approximately 22.12 acres with 27 conditions of approval, which can be described as a
portion of Tract 3 and 4 of Certificate of Survey 15896, on file and of record in Flathead County,
Montana, located in the northeast quarter of Section 13, Township 29 North, Range 22 West, P.M.M.,
Flathead County, Montana.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 6060
February 8, 2022, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
c: Aimee Brunckhorst, Kalispell City Clerk
RESOLUTION NO.6060
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
SILVERBROOK ESTATES SUBDIVISION PHASE 3, MORE PARTICULARLY
DESCRIBED AS A PORTION OF TRACT 3 AND 4 OF CERTIFICATE OF SURVEY 15896,
ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE
NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Silvermont Properties LLLP, the owner of the certain real property described above,
has petitioned for approval of the Subdivision Plat of Phase 3 of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
February 8, 2022 on the proposal and reviewed Subdivision Report #KPP-22-01
issued by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Silverbrook Estates Subdivision Phase 3 subject
to certain conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular council meeting of March 7,
2022, reviewed the Kalispell Planning Department Report #KPP-22-01, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-22-01 are hereby adopted as the Findings of Fact of the City Council.
SECTION 2. That the application of Silvermont Properties LLLP for approval of the
Preliminary Plat of Silverbrook Estates Subdivision Phase 3, Kalispell,
Flathead County, Montana is hereby approved subject to the following
conditions:
1. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
All conditions of the Silverbrook Estates Planned Unit Development (Ordinances 1597 and
1785) shall apply.
4. 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. 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.
5. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and in compliance with the city's
facilities update and extensions of services plans. 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 and tested as designed and approved.
6. 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.
7. Curb stops and service connections for the water and sewer services shall be installed prior
to final plat if required by the Public Works Department.
8. An easement for the utility mains to the east of East Swift Creek Way shall be provided to
the City.
9. Any water rights associated with the property shall be transferred to the City of Kalispell
prior to final plat.
10. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. Prior to final plat, a certification shall
be submitted to the public works department stating that the drainage plan for the subdivision
has been installed as designed and approved.
11. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
12. Boulevard areas, including street trees, shall be installed or bonded for. Street trees may also
be part of a cash -in -lieu agreement.
13. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell, any private infrastructure has been
constructed per city standards, and a proper bond has been accepted for unfinished work.
14. All easements and/or rights -of -way 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.
15. All streets within the subdivision will be constructed to the appropriate city standards as
detailed in the subdivision regulations and the City of Kalispell Standards for Design and
Construction for local streets.
16. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat and shall
comply with the fire code.
17. 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
18. 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.
19. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the landscape
boulevards of the streets serving the subdivision. The approved landscape plan shall be
implemented or a cash in lieu payment for installation of the street trees and groundcover be
provided to the Kalispell Parks and Recreation Department.
20. A parks plan shall be approved by the Parks and Recreation Director. A minimum of 0.3
acres for this phase is required. The park shall meet the standards under Section 28.3.22 and
the plan shall show that the parkland dedication requirement is met for this phase. A cash -
in -lieu payment may be made pursuant to the subdivision regulations. The applicant shall
provide a detailed breakdown of existing parks facilities and valuations relating to this phase
and all prior phases prior to final plat. If deficient, additional park amenities or a cash -in -lieu
payment will be required.
21. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The taxes
levied within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council.
22. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the
property owner(s) default on the maintenance of the approved stormwater facilities. The
taxes levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
23. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
Special Improvement District for roadway improvements in adjacent areas stating "The
owners hereby waive the right to protest the creation of an SID for the purpose of financing
improvements to area roads which will specifically benefit this subdivision."
24. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of all common areas and facilities.
25. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
26. All utilities shall be placed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
27. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 7TH DAY OF MARCH, 2022.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
FEBRUARY 8, 2022
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and Zoning
CALL
Commission was called to order at 6:00 p.m. Board members present
were Chad Graham, Rory Young, George Giavasis, Kurt Vomfell,
Joshua Borgardt and Ronalee Skees. Doug Kauffman was absent. PJ
Sorensen, Jarod Nygren and Rachel Ezell represented the Kalispell
Planning Department. Keith Haskins represented the Kalispell Public
Works Department.
APPROVAL OF MINUTES
Giavasis moved and Vomfell seconded a motion to approve the minutes
of the January 11, 2022, meeting of the Kalispell City Planning Board
and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
HEAR THE PUBLIC
None.
KPP-22-01
A request from Silvermont Properties, LLLP, for preliminary plat
SILVERBROOK ESTATES PH 3
approval for Silverbrook Estates Phase 3, a major subdivision containing
12 lots (10 residential and 2 commercial) on approximately 22.12 acres
including the lots, roads, and open space. The property is located in the
northeast portion of Silverbrook Estates.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report #KPP-22-01.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KPP-22-01 as findings of fact and
recommend to the Kalispell City Council that the preliminary plat be
approved subject to the conditions listed in the staff report.
BOARD DISCUSSION
None.
PUBLIC HEARING
None.
MOTION
Vomfell moved and Skees seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KPP-22-01
as findings of fact and recommend to the Kalispell City Council that the
preliminary plat be approved subject to the conditions listed in the staff
report.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
KPUD-21-05/KPP-21-08/KZC-21-04
A request from GKM Associates, LLC, for a zone change and Planned
SPRING CREEK PARK
Unit Development ("PUD") overlay on approximately 90.87 acres
located to the east of West Springcreek Road between Two Mile Drive
and Three Mile Drive, as well as and preliminary plat for Phase 1 of the
development. The property is currently zoned B-1 (Neighborhood
Kalispell City Planning Board
Minutes of the meeting of February 8, 2022
Page I 1
Business — about 3.9 acres) and R-3 (Residential — about 87 acres) with a
PUD overlay. The proposed zone change would change approximately
25.60 acres of the R-3 to RA-1 (Residential Apartment). It would also
realign and expand the B-1 area to approximately 5.82 acres. The
existing PUD overlay would be replaced with a new PUD over the entire
property. The PUD would include 65 single-family dwellings, 113
townhome/rowhouse dwellings, and 464 multi -family dwelling units,
along with 2 commercial lots, park area, and open space. The
preliminary plat would cover approximately 40.52 acres in the
southeastern portion of the property and include the 65 single-family lots
and 95 of the townhome/rowhouse lots, as well as 6.2 acres of open
space and 1.52 acres of parkland.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report #KPUD-21-05, #KPP-21-08 & #KZC-21-04.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Reports #KPUD-21-05, #KPP-21-08 & #KZC-
21-04 as findings of fact and recommend to the Kalispell City Council that
the PUD, the preliminary plat, and the zone change be approved subject
to the conditions listed in the staff report.
BOARD DISCUSSION
Board members and staff discussed the increase in density from 229
units in the existing PUD to 642 units in the new PUD, the new traffic
study, the level of service changes on the traffic study at Three Mile and
Springcreek, as well as what triggers signal lights, stop signs, speed limit
changes, etc.
Graham asked staff to clarify the adjoining landowner notification
process. Sorensen explained the notification is a state law at 150 feet, but
the city does 200 feet as a courtesy.
PUBLIC HEARING
Mike Brodie — 431 Ist Ave W — WGM Group — representative for
applicant, talked about the project, addressed some of the board
members questions and offered to answer any questions.
Diane Etter — 301 Aspen Loop — feels the 40-foot height on the row
houses is too high and is concerned with too much density.
William Etter — 301 Aspen Loop — concerned with traffic increase, both
vehicular and pedestrian.
Carol Chilton — 235 Camp Crook — concerned with increase in traffic
and the impact the increased density will have on our schools.
Carol White — 385 Westland Dr — does not agree with the row houses
and would like to see ponds and bike paths.
Bob Albert — 265 Aspen Loop — does not agree with the request for
variance on lot sizes and building height from 35 to 40 feet.
Tracy Rickel — 1058 Blue Grouse Dr — owns 12 properties in the area,
she is concerned with increased traffic and density.
Kalispell City Planning Board
Minutes of the meeting of February 8, 2022
Page 12
Bridget Pellett — 1362 Two Mile Dr — representing numerous
homeowners in the area, concerned with density and increased traffic,
both vehicular and pedestrian, decrease in wildlife, safety for children
entering and exiting school buses. She is also concerned with drainage
and how it might affect the wetlands.
Mary Gravlee — 545 Triple Creek Dr — concerned with too high of
density, losing her view.
MOTION — KZC-21-04
Vomfell moved and Young seconded a motion that the Kalispell
Planning Board adopt staff report #KZC-21-04 as findings of fact and
recommend to the Kalispell City Council that the zoning for the property
be changed from B-1 (Neighborhood Business) and R-3 (Residential) to
B-1, R-3, and RA-1 (Residential Apartment), with a PUD overlay.
BOARD DISCUSSION
Board discussed comments regarding zone change and how it fits in the
growth policy, the buffer required around the wetlands, storm drainage,
traffic impact study and heights of buildings.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPUD-21-05
Vomfell moved and Borgardt seconded a motion that the Kalispell
Planning Board adopt staff report #KPUD-21-05 as findings of fact and
recommend to the Kalispell City Council that the PUD for Spring Creek
Park be approved subject to the conditions listed in the staff report.
BOARD DISCUSSION
Board discussed deviation requested to increase height from 35 to 40
feet, they feel the increase is not enough to make an impact on the
surrounding neighborhoods.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPP-21-08
Vomfell moved and Giavasis seconded a motion that the Kalispell
Planning Board adopt staff report #KPP-21-08 as findings of fact and
recommend to the Kalispell City Council that the preliminary plat for
Spring Creek Park Phase 1 be approved subject to the conditions listed in
the staff report.
BOARD DISCUSSION
Giavasis noted that he likes that there is more open space in this
proposed PUD than in the existing PUD.
Board discussed the fact that the engineers and professionals have
expertise in these areas, that we rely on their professional evaluations,
and cannot easily discard their judgment just because we might disagree
with their conclusions
ROLL CALL
Motion passed unanimously on a roll call vote.
OLD BUSINESS
Staff updated board on recent City Council approvals.
NEW BUSINESS
Staff updated board on the April 12th Planning Board Agenda and noted
the upcoming board terms expiring.
Kalispell City Planning Board
Minutes of the meeting of February 8, 2022
Page13
ADJOURNMENT The meeting adjourned at approximately 8:12pm.
Chad Graham
President
APPROVED as submitted/amended:
Kari Barnhart
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of February 8, 2022
Page 14
SILVERBROOK ESTATES PHASE 3
REQUEST FOR MAJOR SUBDIVISION
STAFF REPORT #KPP-22-01
KALISPELL PLANNING DEPARTMENT
FEBRUARY 2, 2022
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request
from Silvermont Properties, LLLP for major preliminary plat approval of Silverbrook Estates
Phase 3 on a total of 22.12 acres. A public hearing has been scheduled before the Planning Board
for February 8, 2022, beginning at 6:00 PM in the Kalispell City Council Chambers. The
Planning Board will forward a recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION
Silvermont Properties, LLLP, has submitted a request for preliminary plat approval for
Silverbrook Estates Phase 3, a major subdivision containing 12 lots (10 residential and 2
commercial) on approximately 22.12 acres including the lots, roads, and open space.
Silverbrook is an existing mixed -use subdivision and planned unit development. The original
Silverbrook Estates encompassed 325 acres and was proposed with two main phases. This
proposed phase was part of the second phase. Over time, the specific layout of phase two has
changed with the course of development, such as the PUD amendment which rezoned a portion
of the property to RA-1 in 2018 to allow for the multi -family development which is currently
under construction. Due to changes which have resulted in more than five property lines being
changed, the subdivision regulations require a new preliminary plat. The new proposed plat also
includes roads and utilities which have already been built in conjunction with the multifamily
development.
A: Applicant: Silvermont Properties, LLLP
315 Parkway Dr
Kalispell, MT 59901
w
B: Location: The property is located in the northeast portion of Silverbrook Estates and can be
described as a portion of Tract 3 and 4 of Certificate of Survey 15896, on file and of record
1
in Flathead County, Montana, located in the northeast quarter of Section 13, Township 29
North, Range 22 West, P.M.M., Flathead County, Montana.
C: Existing Land Use and Zoning: The subject property itself is currently vacant with
developed streets, although it is the next phase of an existing development connecting
residential uses to the south and commercial uses to the north. The zoning of the
property is R-2 (Residential), R-4 (Residential), and B-1 (Neighborhood Business). The
RA-1 zone shown on the map below is adjacent to the subject property.
I*p*n Urbin
SdxM4eoak
The R-2 district is "intended to
provide adequate lot areas for lower density
residential development; should have good
thoroughfare access, and be in proximity to
community and neighborhood facilities, i.e.,
schools, parks, shopping areas, etc. This
development will normally require all public
utilities. This zoning district would typically
be found in areas designated as suburban
residential on the Kalispell Growth Policy
Future Land Use Map."
The R-4 district is "comprised of
primarily single-family and duplex
dwellings. Development within the district
will require all public utilities, and all
community facilities. This zoning district
would typically be found in areas designated
as urban residential on the Kalispell Growth
Policy Future Land Use Map."
The B-1 district is a "business district
intended to provide certain commercial and
professional office uses where such uses are compatible with the adjacent residential
areas. This district would typically serve as a buffer between residential areas and other
commercial districts. Development scale and pedestrian orientation are important
elements of this district. This district is also intended to provide goods and services at a
neighborhood level. The district is not intended for those businesses that require the
outdoor display, sale and/or storage of merchandise, outdoor services or operations to
accommodate large-scale commercial operations. This zoning district would typically be
found in areas designated as neighborhood commercial or urban mixed use on the
Kalispell Growth Policy Future Land Use Map."
D. Size: The subject property is approximately 22.12 acres.
E: Adjacent Zoning: North: B-1/PUD; County B-3/AG-40
East: County SAG-10
2
South: RA-1/PUD; R-2/PUD
West: R-2/PUD
IT: Adjacent Land Uses: North: Commercial
East: Highway 93
South: Single-family and multi -family residential
West: Vacant
G: General Land Use Character: The area is primarily a residential area and is part of the
Silverbrook Planned Unit Development, which is a residential mixed -use PUD originally
approved by the City Council in 2006 (Ordinance 1597). The PUD encompasses 325 acres
of mostly residential development with a neighborhood business component in the
northeastern corner. In 2017, there was an amendment to the PUD which limited the total
footprint of the commercial buildings to 120,000 square feet with the largest building not
exceeding 25,000 square feet, and a limit of two-story construction/maximum of 40 feet
(Ordinance 1785). There was also a rezoning of a portion of the northeastern area to RA-1
in 2018 to allow for multi -family development rather than townhomes (Ordinance 1813).
The area surrounding Silverbrook includes a mix of commercial, residential, and
undeveloped properties.
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.
Sewer: City of Kalispell
Water: City of Kalispell
Refuse: City of Kalispell
Electricity: Flathead Electric Cooperative
Gas: NorthWestern Energy
Telephone: CenturyTel
Schools: Primarily School District 944 (Whitefish/Whitefish High School);
Small portion includes School District 95 (Edgerton/Glacier High School)
Fire: City of Kalispell
Police: City of Kalispell
REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT
SILVERBROOK ESTATES PHASE 3
m.ax — — —
__—IGTIL #FA - A21] CAC r. 19 rv.. R. 1S n' — _ .� Me.4:Mn'. rvuV:�w. Lit GF �ss:iSecLL cL'�.4!:� Oc F�aTn'FaO. W]niaha
_�_.—_,_�--M�----��^•�--`_ _ ..__. ZONINGA.
I
:�E :Li :-E T•:.L ..� I °F� -' �j j `_, �� I .. i.0 Lu i_....
-
EEceao
---
NOTE
L I BASIS OF BEAR NG"
+� OWNERISIIBBMBER
s
-
LL Tr Lrn `� . it ��a VICINITY MPP wr �Iw
Rj
A. Effects on Health and Safety:
Fire: The property is considered to be at low risk of fire. Buildings within the
subdivision would 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 were placed in compliance with the requirements of the
fire code and approved by the Fire Chief. Additional hydrants may be necessary as the
development of the commercial lots occurs.
Flooding: The subject property is located entirely outside of the 100-year floodplain per
the Flood Insurance Rate Map (panel number 30029C 1415J, effective date November 4,
2015).
4
Access: The primary access to the subdivision will be provided from the existing streets
within the earlier phases of Silverbrook Estates. Two roads in the subdivision extend to
the north and connect with Church Drive to the west of the interchange with Highway 93.
An update to the traffic impact study for Silverbrook is not required at this time, but may
be required for development of the commercial lots at either the time of a building permit
or potential further subdivision.
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. There are not any
topographic features or slopes that would impact this development. A Geotech report is
not necessary at this time given the improvements that are in place, but will be required
as part of the development of the commercial lots.
Surface and Groundwater: This subdivision will be served by public water and sewer
thereby minimizing any potential impacts to the groundwater. No surface water creates
concerns regarding this development. There is no floodplain in the area or on the
property.
Drainage: Curbs and gutters have been installed as part of a storm management plan to
address the runoff from the site. There is an existing city storm conveyance system within
the rights -of -way with the ponds and other facilities maintained and managed as a private
system. The system is designed to handle storm water for the development.
A homeowner's association has been created for the maintenance of the open space and
storm water management. At the time of final plat, provisions for maintenance of
common facilities is to be provided under the subdivision regulations. A waiver of right
to protest the creation of a Special Improvement District ("SID") for stormwater
maintenance shall 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.
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 has extended throughout the subdivision. The
water system was reviewed and approved by the Kalispell Public Works Department and
Kalispell Fire Department as part of the development 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. Curb stops
may need to be installed prior to final plat. In addition, an easement for the main to the
east of East Swift Creek Way will need to be provided to the City. Per the subdivision
regulations, any water rights associated with the property shall be transferred to the City
of Kalispell prior to final plat.
Sewer: Sewer service will be provided by the City of Kalispell with an existing sanitary
sewer main extended by the developer within the subdivision. 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. As with water, sewer connections may
need to be installed prior to final plat and an easement will need to be provided to the
City for the main to the east of East Swift Creek Way.
Access and Roads: All roads associated with the subdivision have been reviewed and
constructed. Boulevard areas, including street trees, will need to be installed or bonded
for (street trees may also be part of a cash -in -lieu agreement).
Additionally, Section 28.3.25 of the subdivision regulations requires a waiver of the right
to protest a Special Improvement District ("SID") for roadway improvements in adjacent
areas. On the face of the final plat, there shall be a note stating: "The owners hereby
waive the right to protest the creation of an SID for the purpose of financing
improvements to area roads which will specifically benefit this subdivision."
Schools: The property is within the boundaries of School District 944
(Whitefish/Whitefish High School). A portion of the southwestern corner of the
subdivision is within School District 95 (Edgerton/Glacier High School). On average, it
would be anticipated that there would be about 5 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
protection, including access, fire flow and hydrant location, have been reviewed and also
will be reviewed in conjunction with the development of the commercial lots. Fire
station 62 is located approximately 3.4 miles away providing good response time.
C
Parks and Recreation: Under the subdivision regulations, 0.03 acres of parkland is
required for each dwelling unit, which would equate to 0.3 acres. The preliminary plat
does not include any park areas, although there are existing homeowners' parks which
could support the project. The applicant will need to provide a detailed breakdown of
existing parks facilities and valuations prior to final plat. If deficient, additional park
amenities or a cash -in -lieu payment will be required.
Additionally, as a homeowners' park with common maintenance responsibilities,
provisions for maintenance shall be submitted and reviewed at the time of final plat
pursuant to the subdivision regulations. As part of those provisions, a waiver of protest
of the creation of a parks maintenance district shall be included on the face of the final
plat, which would only be created if necessary if those maintenance obligations are not
fulfilled.
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 4.5 miles from
the site.
E. Effects on Agriculture and agricultural water user facilities:
At one point in time, the property was used for agricultural purposes, although over the
last 15 years has been under development for residential and commercial uses. The
NRCS classification from 2007 shows some portions of 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 farmland could
be conserved because 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.
7
Kalispell Growth Policy Exhibit, 1-19.2022
Silverbrook Estates Phase 3
® Sol R'Perty C.-1 1 _ _
- urban Hued Use -
- High Density Re kl htwl
udan COUNTY
Subud— Re id—1
cit,aq--G-.
Publiwa ssl Public. Dpensp—
Hl d."
- In .-W
Helghbm ccd Com —11 Urban Mixed
Use
COUNTY Subufban Residential
4
Held
I
rr AA
`�E'F YERfF� bO oA
I^
1�
IaU
i1�1 �Aeu vane
I
'z e1-19-2022 Kalispell Development Services
F �ePa:h: J12[I221D1182022 I�AWSPELL ° 1.- 2.—
WC ad—ld data: D 1192= Fret
F: Relation to the Growth Policy: The
Kalispell Growth Policy Future Land Use Map
designates the subject property as Suburban
Residential, high density residential, and
neighborhood commercial. The existing
zoning is consistent with the growth policy and
the proposed density 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 R-2, R-4, and B-1 zoning
regulations, including minimum lot size and width requirements, as well as requirements
of the Silverbrook Planned Unit Development.
H. Compliance with the Kalispell Subdivision Regulations: This request complies with
provisions of the Kalispell Subdivision Regulations.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff
report #KPP-22-01 as findings of fact and recommend to the Kalispell City Council that the
preliminary plat for Silverbrook Estates Phase 3 be approved subject to the conditions listed
below:
CONDITIONS OF APPROVAL
1. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
8
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
All conditions of the Silverbrook Estates Planned Unit Development (Ordinances 1597
and 1785) shall apply.
4. 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. 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.
5. Water and sewer main extensions shall be designed and constructed in accordance with
the City of Kalispell's Standards for Design and Construction and in compliance with the
city's facilities update and extensions of services plans. 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 and tested as designed
and approved.
6. 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.
7. Curb stops and service connections for the water and sewer services shall be installed
prior to final plat if required by the Public Works Department.
8. An easement for the utility mains to the east of East Swift Creek Way shall be provided
to the City.
9. Any water rights associated with the property shall be transferred to the City of Kalispell
prior to final plat.
10. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the
requirements of the current city standards for design and construction. Prior to final plat,
a certification shall be submitted to the public works department stating that the drainage
plan for the subdivision has been installed as designed and approved.
11. The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a copy of all
documents submitted to Montana Department of Environmental Quality for the General
Permit for Storm Water Discharge Associated with Construction Activities.
9
12. Boulevard areas, including street trees, shall be installed or bonded for. Street trees may
also be part of a cash -in -lieu agreement.
13. A letter from the Kalispell Public Works Department shall be submitted stating that all
new infrastructure has been accepted by the City of Kalispell, any private infrastructure
has been constructed per city standards, and a proper bond has been accepted for
unfinished work.
14. All easements and/or rights -of -way 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.
15. All streets within the subdivision will be constructed to the appropriate city standards as
detailed in the subdivision regulations and the City of Kalispell Standards for Design and
Construction for local streets.
16. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat and
shall comply with the fire code.
17. 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
18. 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.
19. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the landscape
boulevards of the streets serving the subdivision. The approved landscape plan shall be
implemented or a cash in lieu payment for installation of the street trees and groundcover
be provided to the Kalispell Parks and Recreation Department.
10
20. A parks plan shall be approved by the Parks and Recreation Director. A minimum of 0.3
acres for this phase is required. The park shall meet the standards under Section 28.3.22
and the plan shall show that the parkland dedication requirement is met for this phase. A
cash -in -lieu payment may be made pursuant to the subdivision regulations. The applicant
shall provide a detailed breakdown of existing parks facilities and valuations relating to
this phase and all prior phases prior to final plat. If deficient, additional park amenities or
a cash -in -lieu payment will be required.
21. A note shall be placed on the final plat indicating a waiver of the right to protest creation
of a park maintenance district. This district shall only be activated in the event that the
property owners' association defaults on their park and open space amenity conditions.
The taxes levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
22. A note shall be placed on the final plat indicating a waiver of the right to protest creation
of a stormwater maintenance district. This district shall only be activated in the event that
the property owner(s) default on the maintenance of the approved stormwater facilities.
The taxes levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
23. A note shall be placed on the final plat indicating a waiver of the right to protest creation
of a Special Improvement District for roadway improvements in adjacent areas stating
"The owners hereby waive the right to protest the creation of an SID for the purpose of
financing improvements to area roads which will specifically benefit this subdivision."
24. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of all common areas and facilities.
25. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
26. All utilities shall be placed underground and in locations that are approved by the
Kalispell Public Works Department in accordance with the Kalispell Standards for
Design and Construction.
27. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
11
Development Services
Deparltment
KAILI[SPEILIL 201 1st Avenue East
Kalispell,) 7 8-794 Phone (4Q6) 758-7940
i WUPR StJBD1 1S,t0 *RELY# AR -
Email: olanninoCcr�.kalispell.com Website: www.kalispell.com
Project Name
Silverbrook Estates Phase 3
Property Address
N/A Silverbrook Estates
? i
NAME OF APPLICANT
Silvermont Properties LLLP (Attn. Marvin Galts)
Applicant Phone
406-257-8249
Applicant Address
315 Parkway Drive
City, State, Zip
Kalispell, MT 59901
Applicant Email Address
Marvin@galkohomes.com
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application,
OWNER OF RECORD
Silvermont Properties LLLP
Owner Phone
Same as applicant
Owner Address
Same as applicant
City, State, Zip
Same as applicant
Owner Email Address
Same as applicant
CONSULTANT (ARCHITECT/ENGINEER)
WGM Group (attn. Mike Brodie)
Phone
406-756-4848
Address
431 1 st avenue w
City, State, Zip
Kalispell, MT 59901
Email Address
Mbrodie@wgmgroup.com
POINT OF CONTACT FOR REVIEW COMMENTS
Mike Brodie
Phone
406-756-4848
Address
431 1 st ave west
City, State, Zip
Kalispell, MT 59901
Email Address
Mbrodie@wgmgroup.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):
See Attached.
KM 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.
Xlc -y tilt
ALISFELL
GENERAL DESCRIPTION OF SUBDIVISION: i
Number of lots or rentals aces Z� (�
P 13 Total Acreage in subdivision 44--85--aCreS
Total Acreage in lots 13.42 acres Minimum size of lots or spaces 6,098 Squar
Total Acreage in streets or roads �o-�� 3,,S Maximum size of lots or spaces
324,086 sqL
Total acreage in parks, open spaces and/or
common spaces (storm tract) 5.38 acres
Development Services
Department
2011st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
feet
re feet
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES:
Single Family t0 Townhouse Mobile home/RV Park
Commercial/industrial 2 Multi -family Other
APPLICABLE ZONING DESIGNATION & DISTRICT: R-3 PUD/13-1 PUD
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS: $108,000 (per 2021 appraisal)
PROPOSED EROSION/SEDIMENT CONTROL: infrastructure is installed and Site is Stabilized.
ARE ANY SUBDIVISION VARIANCES REQUESTED? NO (YES/NO)
If yes please complete a separate
APPLICATION PROCESS
(application must be received and accepted by the
Kalispell Planning Department 35 days prior to the
Planning Board hearing)
A pre -application meeting with the planning staff is required.
1. Completed preliminary plat application
2. Copy of pre -application meeting form and any required submittals listed on the form
3. One reproducible set of supplemental information. (See appendix A of the Subdivision Regulations)
4. One reduced size copy of the preliminary plat not to exceed 11 "x17" in size
5. Electronic copy of the application materials, including the preliminary plat, either copied
onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to
email is 20MB)
6. A bona fide legal description of the subject property and a map showing the location and boundaries of the property
*Note - verify with the Flathead County Clerk & Recorder that the legal
description submitted is accurate and recordable. They can be reached at
(406) 758-5526.
7. Environmental Assessment (see appendix B in subdivision regulations) if applicable.
8. Application fee based on the schedule below made payable to the City of Kalispell:
Major Subdivision $1 000 + $125 per lot
Major Subdivision Resubmittal
$1,000
for each original lot unchanged add
add $10 per lot
for each lot re-designed/added add
add $125 per lot
Mobile Home Parks & Campgrounds
6 more more spaces
$1,000 + $250 per space
5 or fewer spaces
$400 + $125 per space
Amended Preliminary Plat
amendment to conditions only
$400 base fee
re-confgured proposed lots
base fee + $40 per lot
add additional lots or subiots
base fee + $125 per lot
variance application
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.
11 % ,0U 2 -2--
LEGAL DESCRIPTION
SILVERBROOK ESTATES PHASE 3
PERIMETER:
A TRACT OF LAND BEING A PORTION OF TRACT 3 AND 4 OF CERTIFICATE OF SURVEY 15896,
ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHEAST
ONE QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL
MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST CORNER OF LOT 120, BLOCK 15 OF SILVERBROOK ESTATES PHASE
1A, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE ALONG THE
NORTHEASTERLY AND NORTH PERIMETER BOUNDARY LINES OF SAID BLOCK 15 OF
SILVERBROOK ESTATES PHASE 1A, THE FOLLOWING FOUR COURSES: 1) N47°12'52"W, 122.30
FEET; 2) N60°21'46"W, 227.66 FEET; 3) S72°44'13"W, 178.19 FEET; 4) S21 °45'24"E, 115.33 FEET;
THENCE N78033'39"W, 171.97 FEET; THENCE N25059'00"W, 80.48 FEET; THENCE N56007'21"E,
262.80 FEET; THENCE N32015'01"W, 128.95 FEET TO A POINT ON A NON -TANGENT CURVE
CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 970.00 FEET, A RADIAL FROM LAST SAID
POINT BEARS N32015'01"W; THENCE ALONG SAID NON -TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 33046'32", AN ARC LENGTH OF 571.81 FEET; THENCE N2009'07"E, 398.59
FEET; THENCE N65055'14"E, 78.58 FEET; THENCE S78045'39"E, 75.41 FEET; THENCE
S49000'56"E 39.61 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE
SOUTHEAST AND HAVING A RADIUS OF 280.00 FEET, THENCE ALONG SAID NON -TANGENT
CURVE THROUGH A CENTRAL ANGLE OF 10013'25" AN ARC DISTANCE OF 49.96 FEET;
THENCE N51012'29"E, 98.56 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST
AND HAVING A RADIUS OF 14.78 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 118009'08", AN ARC DISTANCE OF 30.48 FEET; THENCE N23002'24"E, 60.00 FEET TO
A POINT ON A NON -TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF
13.92 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 107°40'13", AN
ARC DISTANCE OF 26.16 FEET TO THE WEST BOUNDARY LINE OF SILVERBROOK ESTATES
PHASE 2A-A, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA;
THENCE ALONG THE WEST AND SOUTH BOUNDARY LINES OF SAID PLAT OF SILVERBROOK
ESTATES PHASE 2A-A AND THE SOUTHERLY BOUNDARY LINES OF THE PLAT OF
SILVERBROOK ESTATES PHASE 2A-B ON FILE AND OF RECORD IN FLATHEAD COUNTY,
MONTANA THE FOLLOWING SEVEN COURSES: 1) S05°22'11"W, 19.23 FEET; 2) S18°46'45"W,
60.22 FEET; 3) S74°18'29"E, 63.55 FEET; 4) N86°13'51"W, 345.60 FEET; 5) NO3°46'08"E, 30.00
FEET; 6) S86°13'51"E, 395.09 FEET TO THE SOUTHEAST CORNER OF LOT 287 OF SAID PLAT
OF SILVERBROOK ESTATES PHASE 2A-B; 7) NO3°46'09"E, 20.00 FEET;
THENCE ALONG THE WESTERLY BOUNDARY LINES OF THE OPEN SPACE OF THE SAID PLAT
OF SILVERBROOK ESTATES PHASE 2A-B THE FOLLOWING FOUR COURSES: 1) S86°13'51"E,
45.61 FEET; 2) S54048'44"E, 213.36 FEET; 3) S03042'55"W, 386.67 FEET; 4) S19046'14"W, 62.42
FEET TO THE NORTHEAST CORNER OF LOT 381A OF AMENDED PLAT OF SILVERBROOK
ESTATES PHASE 2B-A, LOT 381, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA;
THENCE ALONG THE NORTH AND WEST PERIMETER BOUNDARY LINES OF SAID AMENDED
PLAT OF SILVERBROOK ESTATES PHASE 2B-A, LOT 381, THE FOLLOWING FIVE COURSES: 1)
N86013'51"W, 1135.24 FEET; 2) S4004'50"W, 367.12 FEET TO A POINT ON A TANGENT CURVE
CONCAVE TO THE WEST AND HAVING A RADIUS OF 330.00 FEET; 3) SOUTHERLY, ALONG
SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 19044'21", AN ARC LENGTH OF
113.69 FEET; 4) S23049'11"W, 10.85 FEET TO THE NORTH CORNER OF LOT 380, BLOCK 32, OF
SAID PLAT OF SILVERBROOK ESTATES PHASE 2B-A AND A POINT ON A TANGENT CURVE
CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 530.00 FEET; 5) SOUTHERLY,
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8029'48", AN ARC LENGTH OF 78.60
FEET TO THE NORTH RIGHT-OF-WAY LINE OF SILVERTIP TRAIL (60.00 FEET WIDE);
THENCE N72050'30"W, 62.46 FEET TO THE POINT OF BEGINNING; CONTAINING 22.12 ACRES,
MORE OR LESS.
IN 11111111111111 Page° 10of 5 29
Debbie Pierson, Flathead County MT by NC 9/4/2019 4:40 PMO
After recording, return to:
James M. Ram low
Ram low & Rudbach, PLLP
401 Baker Avenue
Whitefish, MT 59937
Being re -recorded to reflect correction to County.
Original recording #201500023728 on 10/8/2015
WARRANTY DEED
FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged,
93 and Church, LLC, with mailing address of c/o Mannco LLC, 12744 San Fernando
Road, Suite 600, Sylmar, California 91342 ("Grantor") grants unto Silvermont
Properties, LLP, with mailing address of 622 St. Andrews Drive, Columbia Falls,
Montana 59912 ("Grantee"), real property located in Flathead County, Montana more
particularly described below as:
See Exhibit 1
TOGETHER with all buildings, fixtures and improvements thereon and all rights -of -way,
tenements, hereditaments, privileges and appurtenances thereto.
TO HAVE AND TO HOLD unto Grantee, and Grantee's successors and assigns, forever,
SUBJECT TO THE FOLLOWING:
(a) Reservations and exceptions in patents from the United States and the State of
Montana.
(b) Existing easements and rights -of -way of record, and existing encroachments of
record, if any.
(c) Mineral and royalty reservations and conveyances of record.
(d) Building, use, zoning, sanitary and environmental restrictions, requirements,
notices, waivers and all other items of record.
(e) TaxeS and assessments for 2015 and subsequent years.
EXCEPT with reference to the items referred to in paragraphs (a) to (e) inclusive, this
deed is given with the usual covenants expressed in Montana Code Annotated § 30-11-110.
I IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII 2019000213
Page: 2 of 5 29
Fees: $35.00
9/4/2019 4:40 PM
GRANTOR
93 and Church, LLC
OOSHE O ANI, Manager
STATE OFI1 r �+i �► )
:ss
COUNTY OF LoS 8 )
OC��O �� This instrument was acknowledged before me on , by ANOOSHEH
BOSTANI, as Manager and 93 and Church, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
I Ct A Ac QIL4 M 8 [printed name]
Notary Public for the State of CA
Residing at %rar.aa{o. it 0& [city/state]
My commission expires: JL& in 2C tq
11111111111111111111IN 111111 IN IIII Page: 3 of 5 29
Fees: $35.00
9/4/2019 4:40 PM
EXHIBIT 1'
TRACT OF LAND IN THE NORTH HALF OF THE NORTHEAST QUARTER AND IN THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, KNOWN AS:
TRACT 3 OF CORRECTED CERTIFICATE OF SURVEY NO.15896
EXCEPTING THEREFROM THAT PORTION OF SILVERBROOK ESTATES PHASE 1 AND SILVERBROOK ESTATES
PHASE 1A
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE MONTANA DEPARTMENT OF
TRANSPORTATION FOR HIGHWAY PURPOSES IN BARGAIN AND SALE DEED RECORDED MAY 23, 2006 AS
INSTRUMENT NO.2006-143-14550 AND RECORDED APRIL 5, 2006 AS INSTRUMENT NO.2006-095-
15020.
AND
A TRACT OF LAND IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND IN THE SOUTH
HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA, KNOWN AS:
TRACT 4 OF CORRECTED CERTIFICATE OF SURVEY NO. IS896
EXCEPTING THEREFROM THAT PORTION OF SILVERBROOK ESTATES PHASE 1 AND SILVERBROOK ESTATES
PHASE 1A AND TRACT 1 OF CERTIFICATE OF SURVEY NO. 18373
AND
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND IN THE NORTH
HALF OF THE SOUTHEAST QUARTER AND IN THE NORTHEAST OF THE SOUTHWEST QUARTER SECTION
13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS:
TRACT 5 OF CORRECTED CERTIFICATE OF SURVEY NO.15896
EXCEPTING THEREFROM THAT PORTION OF SILVERBROOK ESTATES PHASE 1 AND SILVERBROOK ESTATES
PHASE 1A AND TRACT 1 OF CERTIFICATE OF SURVEY NO.18373
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE MONTANA DEPARTMENT OF
TRANSPORTATION FOR HIGHWAY PURPOSES IN BARGAIN AND SALE DEED RECORDED APRIL 5, 2006 AS
INSTRUMENT NO.2006-095-15020.
IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII 2019000213
Page: 4 of 5 29
Fees: $35.00
9/4/2019 4:40 PM
AND
LOTS 1, 2, 3, 4, 5, 7, 8, 9,12, 13,14,15 AND 16 OF BLOCK 4 OF SILVERBROOK ESTATES PHASE 1;
LOT 25 OF BLOCK 16 OF SILVERBROOK ESTATES PHASE 1;
LOTS 31, 33, 35, 40, 41, 42, 43, 44 AND 45 OF BLOCK 17 OF SILVERBROOK ESTATES PHASE 1;
LOTS 50, 51, 52 AND 53 OF BLOCK 18 OF SILVERBROOK ESTATES PHASE 1;
LOTS 59, 61, 62, 63 AND 64 OF BLOCK 19 OF SILVERBROOK ESTATES PHASE 1;
LOTS 65, 66, 67, 68, 69, 70, 71, 72, 74,75 AND 76 OF BLOCK 20 OF SILVERBROOK ESTATES PHASE 1;
LOTS 77, 78, 79, 80, 81, 82, 83, 86, 87, 88 AND 89 OF BLOCK 21 OF SILVERBROOK ESTATES PHASE 1;
LOTS 90, 91, 94, 95, 96 AND 97 OF BLOCK 22 OF SILVERBROOK ESTATES PHASE 1;
LOTS 99, 100, 101, 102, 103, 104,105,106 AND 107 OF BLOCK 23 OF SILVERBROOK ESTATES PHASE 1;
LOTS 272, 273, 274, 275, 276, 278, 279, 280, 281, 282, 284 AND 285 OF BLOCK 1 OF SILVERBROOK
ESTATES PHASE 1A;
LOTS 259, 261, 262, 263, 264, 265, 266, 267,268 AND 269 OF BLOCK 2 OF SILVERBROOK ESTATES PHASE
1A;
11111111111111111111IN 111111IN IIII Page: 5 of 5 29
Fees: $35.00
9/4/2019 4:40 PM
SILVERBROOK ESTATES PHASE 1A;
FSTATES PHASE IA;
LOTS 137,138,139,140,141,142,144 AND 145 OF BLOCK 13 OF SILVERBROOK ESTATES PHASE 1A;
LOTS 121, 123, 124, 125, 126, 127, 128 AND 136 OF BLOCK 14 OF SILVERBROOK ESTATES PHASE 1A;
LOTS 109,110, 111, 112, 113, 114, 115, 116, 117,118, 119 AND 120 OF BLOCK 1S OF SILVERBROOK
ESTATES PHASE IA,
OPEN SPACE IN SILVERBROOK ESTATES PHASE 1;
OPEN SPACE IN SILVERBROOK ESTATES PHASE 1A;
ALL ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK
AND RECORDER OF FLATHEAD COUNTY, MONTANA.
OS04781
0504804
0506185
0507319
0507367
0507309
0507310
0507311
0507312
0507313
0507314
0507315
0507316
0507317
0507318
E001189
E001190
0013855
0504769
0504770
0504771
OS04772
OS04773
0504774
0504775
0504776
0504780
0504777
0504778
0504779
0504783
0504784
0504785
05047B6
0504787
0504788
0504789
0504790
0504791
0504792
0504793
0506180
0506181
0506182
0506183
0506184
0504799
0504801
0504802
0504803
0506186
0506187
0504808
0504809
0504810
0504811
0504812
0504813
0504814
0504815
0504816
0504817
0504818
0504819
0506347
0506348
0506349
0506351
0506352
0506353
0506354
OS04827
0506355
0506356
0506357
0504831
0506358
0506359
0506360
0506361
0506362
0506363
0504838
0504839
0506364
050636S
0506366
0506367
0504844
0504845
0504846
0504847
0504848
0506368
0506369
0506370
0014916
0506371
0506372
0506373
OS06374
050637S
OS06376
0506377
0506378
0504853
0504854
0504753
0506166
0506167
0506168
0506169
0506170
0506171
0506172
0506158
0506159
0506160
0506161
OS06162
0506163
0506164
0506165
0013856
E001238
0505548
0506226
0506232
0506233
0506234
OS06235
0506236
0506237
0506238
0506239
0506240
0506241
0506242
0506243
0506244
0505664
0506312
0506313
0505667
0506314
0506315
0506316
0506317
0506318
0506319
0506320
0506321
0505676
0506322
0506323
0505679
0505680
0505681
OS05682
0505683
0505684
0505685
0505686
0505687
0505688
0505689
0506324
0506325
0506326
0506327
OS06328
OS05695
0505696
05OS697
0505698
0505699
0505700
OS05702
0506329
0506330
0506331
0506332
0506333
0505708
OS05709
0505710
0505711
0505712
0505713
0505714
OS05715
0505716
0506334
0506335
0506336
0506337
OS06338
0506339
0505748
0506340
0506342
0506341
0506344
0506343
OS06345
0506346
0505563
0506245
0506246
0506247
0506248
0506249
0506251
0506252
0506253
0506029
0506030
0506031
0506032
OS05576
0506254
0506255
0506256
0500020
0506021
0506022
0506023
0506257
0506258
0506259
0505587
0506033
0506260
0506261
0506262
0506034
0506263
0506264
0506035
0506265
0506266
0506267
OS06036
0506268
OS06269
0506270
0506271
0506024
0506025
0505604
0506272
0506273
0506274
0506026
0506275
0506027
0506028
0505614
0506276
0506277
0506278
0506279
0506280
0506281
0506282
0506283
0506284
0506285
0506286
0506287
0506288
0506289
0506290
0506291
0506292
0506293
0506294
0506295
0506296
0506297
0506298
0506299
0506301
0506302
0506303
0506304
OS06305
0505644
0505645
0506173
0506174
0506175
0506176
0505651
0506177
0506178
oS06179
OS0565S
OS06306
0505657
0506307
0506308
0506309
0506310
0505662
0506311
0507197
E001389
0507195
0507196
,0012146
O ,46, DD/3
po/3655
001-05�a
SILVERBROOK PHASE 3 1 1 ~
Vicinity Map: Transportation I Zoning /Adjacent Landowners & Subdivisions
to Key OwnerName Mailing Address City State Zip Subdiv
D 1 CA TRUST MAUREEN D 1440 WISCONSIN AVE WHITEFISH MT 59937-3340 SILVERBROOK EST PH 2A-B
M 2 666 EAST SWIFT CREEK WAY LLC 10969 NAVALON FALLS CT HAYDEN ID 83835-6044 SILVERBROOK ESTATES PH 2A-A
IL 3 CITY OF KALISPELL PO BOX 1997 KALISPELL MT 59903-1997 SILVERBROOK ESTATES PH 2A-A
4 SILVERMONT PROPERTIES LLLP 315 PARKWAY DR KALISPELL MT 59901 SILVERBROOK EST PH 2B-B
5 SILVERMONT PROPERTIES LLLP 315 PARKWAY DR KALISPELL MT 69901-2659 SILVERBROOK ESTATES PH 2A-A
6 ARIM SILVERBROOK 3821 LOWER VALLEY RD KALISPELL MT 59901 SILVERBROOK ESTATES PH 213-A LOT 381 AMD
Q 7 SILVERMONT PROPERTIES LLLP 315 PARKWAY DR KALISPELL MT 59901-2659 SILVERBROOK EST PH 2A-B
ti Church
Zoning
B-1/PUD
R-2/PUD
R-4/PUD
RA-1/PUD
—0 0.03 0.06
R-4/PUD.. _
0.12
C
� .0
0.18
Dr
I;:� 2 1
u
y
W
B-1/PUD
11 �c'a /
0.24 ' wa
R Aa--�
4
r
-Highland Dr
Donna Dr
Autumn
s
3�
4
WGMpGROUP
www.wgmgrouLOC: Flathead PROJ MGR: Brodie
TR: 29N 22W Sae 12 DRAWN BY: Cochran
BASE: ESRI Terraln PROJ: 190013
FILE: Silverbrook DATE: 12120/2021
This is not a legally recorded map or survey. VVGM
does not guarantee the accuracy, current status- or
completeness of the material contained herein and is
not responsible for any misuse/misrepresentabon of
taus information or its derivatives. This graphic
representation is for general planning purposes only.
G !!),
w
-
§/
!\\
§&
§3z
�``�•`,�
,,!§:
LL
b=®
a § -
��
@4r2
§<)
2\
z|§|�!!
!
r;
® |§;!
§•
( \\
§\§1§�§\
\/\
//g
\�
��
6 2!\
§ y,
{I
;I
I�
�I
I/ li
CV)
w
U)
m
w
F�
}
\�
m
�W
/O»k
»-:---------
_
:z=
.r
w :;�
— — -
>`«���
} Ij
)())}((((((}}
I
Guarantee
SG - SG-8011275
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF
LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND
STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS
GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND
LIMITATION THAT 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. OLD
REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota
corporation, herein called the Company GUARANTEES the Assured named
in Schedule A, against actual monetary loss or damage 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.
IN WITNESS WHEREOF, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused its corporate name
and seal to be hereunto affixed by its duly authorized officers, the Guarantee to become valid when countersigned on
Schedule A by an authorized officer or agent of the Company.
Issued through the Office of:
Alliance Title & Escrow, LLC
501 S Main St., PO Box 879
Kalispell, MT 59901
(406)752-7606
Authorized Signature
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612)371-1111
6y
Attest
President
Secretary
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed
by the Company.
(b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by
law constitute real property. The term "land" does not include any property beyond the lines of the area described or
referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads,
avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Exclusions from Coverage of this Guarantee.
The Company assumes no liability for loss or damage by reason of the following:
(a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the public records.
(b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(3) water rights, claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public
records.
(c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in
Schedule (A)(C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, alleys, lanes, ways or waterways in
which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement;
or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth
in said description.
(d) (1) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title,
and as limited by such assurances.
(2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records,
and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no
loss to the Assured; or (c) which do not result in the invalidity or potential invalidity of any judicial or non -judicial
proceeding which is within the scope and purpose of assurances provided.
3. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case any knowledge shall come to an Assured hereunder of
any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause
loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall terminate with regard to the matter or matters for which such prompt
notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any
Assured under this Guarantee unless the Company shall be prejudiced by such failure and then only to the extent of the
prejudice.
4. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or proceeding.
5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding,
interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent
or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this
Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision
of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the rights to select
counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured
and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or
expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this
Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this
Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or
proceeding, the Assured hereunder shall secure to the Company the right to prosecute or provide defense of any
action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such
Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give
the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish
the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is
prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the
Assured under the Guarantee shall terminate.
6. Proof of Loss or Damage.
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to
the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within 90
days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall
describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent
possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the
Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee
shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any
authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable
times and places as may be designated by any authorized representative of the company, all records, books, ledgers,
checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably
pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall
grant its permission, in writing, for any authorized representative ofthe Company to examine, inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably
pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company
pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is
necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other
reasonably requested information or grant permission to secure reasonably necessary information from third parties as
required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the
Company under this Guarantee to the Assured for that claim.
7. Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which
could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee
or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the
option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together
with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by
the Company up to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the
Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company
offers to purchase the indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness,
together with any collateral security, to the Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the
Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that
paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which
the Company has exercised its options under Paragraph 5, and the Guarantee shall be surrendered to the Company
for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against
under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which
were authorized by the Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligations to the
Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that
paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which
the Company has exercised its options under Paragraph 5.
8. Determination and Extent of Liability.
This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured
claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only
to the extent herein described, and subject to the exclusions stated in Paragraph 2.
The liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or
provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions
and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest
thereon; or
(c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate
or interest subject to the defect, lien or encumbrance assured against by this Guarantee.
9. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the any other
matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all
appeals therefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in
settling any claim or suit without the prior written consent of the Company.
10. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to
Paragraph 5 shall reduce the amount of liability pro tanto.
11. Payment of Loss.
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee
has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within 30 days thereafter.
12. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the
Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against
any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the
insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order
to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the
Assured and to use the name of the Asured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all
rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection.
13. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to,
any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service
of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable
matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the
Assured. All arbitrable matters when the Amount of Liability is in excess of $1,000,000 shall be arbitrated only when
agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the
parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to
award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any
court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
14. Liability Limited to this Guarantee; Guarantee Entire Contract.
(a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and
contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall
be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be
restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached
hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
15. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall
include the number of this Guarantee and shall be addressed to: Old Republic National Title Insurance Company, 400
Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111.
OLD
REPUBLIC
Subdivision Guarantee
SCHEDULE A
ORDERNo.: 594319
FEE: $200.00
LIABILITY: $1000.00
GUARANTEE No. SG-8011275
1. Name of Assured: Silvermont Properties, LLLP AND WGM Group
2. Date of Guarantee: December 23, 2021 at 7:30 AM
The assurances referred to on the face page hereof are:
That, according to the Company's property records relative to the following
described land (but without examination of those Company records
maintained and indexed by name):
See Attached Exhibit'A'
A. The public records purport that only the hereafter named parties appear
to have an interest affecting the land necessitating their execution of
the named proposed plat or map:
Silvermont Properties, LLLP also shown of record as Silvermont Properties, LLP
ARIM Silverbrook, LLC, a Montana limited liability company
B. According to the public records, the following documents
purport to affect the described land:
1. County road rights -of -way not shown by the Public Records, including, but not
limited to any right of the Public and the County of Flathead to use and occupy
those certain roads and trails as depicted on County Surveyor's maps on file in the
office of the County Surveyor of Flathead County.
2. All minerals in or under said land including but not limited to metals, oil, gas,
coal, stone and mineral rights, mining rights and easement rights or other matters
relating thereto, whether expressed or implied.
General Taxes for the year 2021, a Lien, the first half is delinquent and the second
half is now due and payable.
Parcel No.: .44-0012146
In the original amount of: $4095.69.
4. General Taxes for the year 2021, a Lien, the first half is paid and the second half
is now due and payable.
Parcel No.: 75-0460013
In the original amount of: $4493.39
5. General Taxes for the year 2021, a Lien, the first half is paid and the second half
is now due and payable.
Parcel No.: 75-0507367
In the original amount of: $3983.76
Taxes, including any assessments collected therewith, for the year 2022 which are
a lien not yet due and payable.
7. Liens, levies and assessments of the Silverbrook Estates Property Owners
Association.
An easement for the purpose shown below and rights incidental thereto as set
forth in document:
Granted To: Mountain States Power Company
Purpose: Public Utilities
Recorded: May 30, 1952
Book: 317, Page: 584
Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Designation of Limited Access Highway by the State of Montana
Highway Commission
Recorded: December 7, 1989
Instrument No.: 89-340-0915-0
10. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Resolution No. 837A for the Creation of the Highway 93 North Zoning
District
Recorded: April 27, 1992
Instrument No.: 92-118-1202-0
11. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Bargain and Sale Deed to the State of Montana Department of
Transportation regarding private approach and access control
Recorded: July 21, 1992
Instrument No.: 92-203-1126-0
12. An easement for the purpose shown below and rights incidental thereto as set
forth in document:
Granted To: Flathead Power Co.
Purpose: Public Utilities
Recorded: May 22, 2002
Instrument No.: 2002-142-08300
13. Easements, restrictions, reservations and dedications, as shown on Certificate of
Survey No. 15896.
14. An easement for the purpose shown below and rights incidental thereto as set
forth in a document:
Granted To: H & V Koenig Limited Partnership
Purpose: Easement for ingress and egress for the purposes of exploration,
development, production, storage and removal of reserved minerals
Recorded: September 20, 2005
Instrument No.: 2005-263-1504-0 AND Recorded November 11, 2005 as
Instrument No. 2005-320-1634-0 And Recorded December 4, 2012 as Instrument
No. 2012-00028922 And Recorded December 7, 2012 as Instrument No. 2012-
00029322
15. An easement for the purpose shown below and rights incidental thereto as set
forth in document:
Granted To: Flathead Power Co.
Purpose: Public Utilities
Recorded: March 2, 2006
Instrument No.: 2006-061-08180
16. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Resolution No. 5129B Highway 93 North Growth Policy Amendment
Recorded: August 11, 2006
Instrument No.: 2006-223-08320
17. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Resolution NO. 5168 for alteration ofcity boundaries by the City of
Kalispell
Recorded: December 18, 2006
Instrument No.: 2006-352-1545-0
18. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Petition to Annexation and Notice to Withdrawal From Rural Fire
District
Recorded: December 18, 2006
Instrument No.: 200635216460
19. Covenants, conditions and restrictions, but omitting any covenant or restriction
based on race, color, religion, sex, sexual orientation, disability, handicap,
familial status, marital status, ancestry, national origin or source of income, as set
forth in applicable state or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law.
Recorded: March 5, 2008
Instrument No.: 2008-00006090
20. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Transfer Water Rights
Recorded: March 18, 2008
Instrument No.: 2008-00007415
21. Covenants, conditions and restrictions, but omitting any covenant or restriction
based on race, color, religion, sex, sexual orientation, disability, handicap,
familial status, marital status, ancestry, national origin or source of income, as set
forth in applicable state or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law.
Recorded: March 26, 2008
Instrument No.:200800008099
Modification(s) of said covenants, conditions and restrictions
Recorded: January 28, 2010
Instrument No:2010-00002264
Further modifications of said covenants, conditions and restrictions
Recorded: January 21, 2011
Instrument No.:2011-00001589
Further modifications of said covenants, conditions and restrictions
Recorded: January 12, 2015
Instrument No.: 201500000659
Further modifications of said covenants, conditions and restrictions
Recorded: May 20, 2015
Instrument No.: 201500009666
Further modifications of said covenants, conditions and restrictions
Recorded: January 18, 2017
Instrument No.: 201700001126
Further modifications of said covenants, conditions and restrictions
Recorded: September 15, 2020
Instrument No.: 202000031669
Further modifications of said covenants, conditions and restrictions
Recorded: January 15, 2021
Instrument No.: 202100001872
22. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Assignment of Declarant Rights to Silvermont Properties, LLLP
Recorded: October 13, 2015
Instrument No.: 2015-00023732
23. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Planned Unit Development Agreement Silverbrook Estates Subdivision
Recorded: April 29, 2008
Instrument No.: 2008-00011582
24. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Ordinance No. 1597 City of Kalispell Zoning
Recorded: April 20, 2009
Instrument No.: 2009-00009936
25. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Latecomers Agreement for Reimbursement for Municipal Water and
Sewer Systems Extensions
Recorded: April 29, 2009
Instrument No.: 2009-00011958
AND Assignment of Latecomers Agreement
Recorded: October 8, 2015
Instrument No.: 201500023733
26. An easement for the purpose shown below and rights incidental thereto as set
forth in a document:
Granted To: Daniel D. Koenig and Janet L. Schwalk
Purpose: together with rights of ingress and egress
Recorded: December 4, 2012
Instrument No.: 2012-00028922
27. An easement for the purpose shown below and rights incidental thereto as set
forth in a document:
Granted To: D&J Koenig Holdings, LLC
Purpose: together with rights of ingress and egress
Recorded: December 7, 2012
Instrument No.: 2012-00029322
28. Easements, restrictions, reservations, notes and/or dedications as shown on the
official plat of Silverbrook Estates Phase IA.
29. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Resolution No. 5695, a Resolution to vacate the amended plats
Recorded: November 21, 2014
Instrument No.201400023873
30. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Ordinance No. 1785, an Ordinance authorizing and adopting an
amendment
Recorded: March 24, 2017
Instrument No.: 201700006020
31. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Ordinance No. 1813 Adopting an Amendment to the Silverbrook
Estates Planned Unit Development
Recorded: December 19, 2018
Instrument No.: 201800030357
32. Easements, reservations, restrictions, notes and/or dedications as shown on the
Amended Plat of Silverbrook Estates Phase 213-A, Lot 381.
AND Affidavit recorded January 14, 2019 Instrument No. 201900000724.
33. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Easements for Access, Utilities and Drainage
Recorded: April 14, 2020
Instrument No.: 202000009453
34. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Waiver of Protest and Participation in Special Improvement District
Recorded: October 6, 2020
Instrument No.: 202000033376
35. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Zoning Lot Determination
Recorded: December 1, 4202
Instrument No.: 202000042047
36. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: City of Kalispell Impact Fee Assessment Agreement
Recorded: May 28, 2021
Instrument No.: 202100018641
37. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: City of Kalispell Impact Fee Assessment Agreement
Recorded: June 25, 2021
Instrument No.: 202100021636
38. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: City of Kalispell Impact Fee Assessment Agreement
Recorded: August 25, 2021
Instrument No.: 202100029769
39. A Mortgage to secure an indebtedness as shown below secured thereby:
Amount $8,000,000.00
Mortgagor: Silvermont Properties
Mortgagee: KirVs Tire (Lethbridge) LTD
Dated: September 30, 2015
Recorded: October 8, 2015
Instrument No.: 201500023730
40. A Deed of Trust to secure an indebtedness in the amount shown below.
Amount: $306,544,177.00
Trustor/Grantor: ARIM Silverbrook, LLC
Trustee: Insured Titles
Beneficiary: First Interstate Bank
Dated: January 19, 2021
Recorded: January 19, 2021
Instrument No.: 202100002024 (As to a portion)
41. Notice of a Right to claim a lien.
Claimant: Rodda Paint Comoant
Recorded: November 23, 2021
Instrument No.: 202100040678 (As to a portion)
No guarantee is made regarding any liens, claims of liens, defects or
encumbrances other than those specifically provided for above, and, if
information was requested by reference to a street address, no guarantee is
made that said land is the same as said address.
Countersigned:
.S uae e �
Authorized Officer or Agent
File No. 594319
Exhibit `A'
LEGAL DESCRIPTION — SILVERBROOK ROADS: PERIMETER
A TRACT OF LAND BEING A PORTION OF TRACT 3 AND TRACT 4 OF THE
CORRECTED CERTIFICATE OF SURVEY NO. 15896 AND A PORTION OF LOT 381B OF
THE AMENDED PLAT OF SILVERBROOK ESTATES PHASE 213-A, LOT 381, BOTH ON
FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE
NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST,
PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD,
MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST CORNER OF LOT 120, BLOCK 15 OF SILVERBROOK
ESTATES PHASE IA, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA;
THENCE ALONG THE NORTHEASTERLY, NORTH AND NORTHWESTERLY
PERIMETER BOUNDARY LINES OF SAID BLOCK 15 OF SILVERBROOK ESTATES
PHASE IA, THE FOLLOWING TEN COURSES: 1) N47°12'52"W, 122.30 FEET; 2)
N60°21'46"W, 227.66 FEET; 3) S72°44'13"W 178.19 FEET; 4) S21°45'24"W 115.33 FEET; 5)
S04022'41 "E 95.33 FEET; 6) S25039'36"W 91.34 FEET; 7) S07052'41 "W 99.93 FEET; 8)
S16050'23"W 105.04 FEET; 9) S34026'27"W 76.05 FEET; 10) S54011'45"W 176.49 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY OF SILVERBROOK DRIVE (100.0 FEET
WIDE);
THENCE NORTHERLY, ALONG SAID EASTERLY RIGHT-OF-WAY OF SILVERBROOK
DRIVE (100.0 FEET WIDE) THE FOLLOWING SEVEN COURSES: 1) N35028'37"W 251.14
FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHEAST AND
HAVING A RADIUS OF 950.00 FEET; 2) NORTHWESTERLY, ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 15012'21", AN ARC LENGTH OF 252.12 FEET; 3)
N20016'16"W 51.72 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE EAST
AND HAVING A RADIUS OF 1450.00 FEET; 4) NORTHERLY, ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 33038'24", AN ARC LENGTH OF 851.34 FEET; 5)
N13022'08"E 177.68 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE
WEST AND HAVING A RADIUS OF 1050.00 FEET; 6) NORTHERLY, ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 10001'41", AN ARC LENGTH OF 183.77
FEET; 7) N03020'27"E 318.76 FEET TO NORTH LINE OF SAID SECTION 13;
THENCE S86039'16"E, ALONG SAID NORTH LINE OF SECTION 13, 1367.64 FEET TO THE
NORTHWEST CORNER OF THE PLAT OF SILVERBROOK ESTATES PHASE 2A-A, ON
FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE ALONG THE
WEST AND SOUTH PERIMETER BOUNDARY LINES OF SAID PLAT OF SILVERBROOK
ESTATES PHASE 2A-A THE FOLLOWING FIVE COURSES: 1) S05022'11"W 294.13 FEET;
2) S18046'45"W 60.22 FEET; 3) S74018'29"E 63.55 FEET; 4) S86013'51"E 345.60 FEET; 5)
N03046'08"E 30.00 FEET;
THENCE S86013'5I"E, ALONG THE SOUTH LINE OF LOT 288, BLOCK 24 OF SAID PLAT
OF SILVERBROOK ESTATES PHASE 2A-A AND THE SOUTH LINE OF LOT 287, BLOCK
24 OF THE PLAT SILVERBROOK ESTATES PHASE 2A-B, ON FILE AND OF RECORD IN
FLATHEAD COUNTY, MONTANA, 395.09 FEET;
THENCE ALONG THE WESTERLY PERIMETER BOUNDARY LINES OF SAID PLAT OF
SILVERBROOK ESTATES PHASE 2A-B THE FOLLOWING FIVE COURSES: 1)
N03046'09"E 20.00 FEET; 2) S86013'5I"E 45.61 FEET; 3) S54048'44"E 213.36 FEET; 4)
S03042'55"W 386.67 FEET; 5) S19046'14"W 62.42 FEET TO THE NORTHEAST CORNER OF
LOT 381A OF SAID AMENDED PLAT OF SILVERBROOK ESTATES PHASE 213-A, LOT
381;
THENCE ALONG THE NORTH AND WEST PERIMETER BOUNDARY LINES OF SAID
PLAT OF SILVERBROOK ESTATES PHASE 213-A, LOT 381 THE FOLLOWING FIVE
COURSES: 1) N86013'51"W, 1135.24 FEET; 2) S4004'50"W, 367.12 FEET TO A POINT ON A
TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 330.00 FEET;
3) SOUTHERLY, ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF
19044'21", AN ARC LENGTH OF 113.69 FEET; 4) S23049'11"W 10.85 FEET TO THE NORTH
CORNER OF LOT 380, BLOCK 32, OF SAID PLAT OF SILVERBROOK ESTATES PHASE
213-A AND A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST AND
HAVING A RADIUS OF 530.00 FEET; 5) SOUTHERLY, ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 8029'48", AN ARC LENGTH OF 78.60 FEET TO THE NORTH
RIGHT-OF-WAY LINE OF SILVERTIP TRAIL (60.00 FEET WIDE);
THENCE N72050'30"W, 62.46 FEET TO THE POINT OF BEGINNING.
ORT Form 3797a
}{
Raw a
i
W
S.P. a
sip 0
511
I
41
I7F hl itjf�� a�
Lu
e
217
I
I
I
I
I
-
1*
.
I
I
I
�.
llrl
I 11�• ,� •ti{'
��
�hj 7C
•� � e�•� it
+
h
131jr
r
i
'R!
1 �
13� -5iA
° io I
lad
ra
1r zr 1
G
`
:.d dll
nu 1'
C::
as
I
JA
I6'4 L
1•' I IS:
�p
zr2
.1i6
23 W
1 oF ion
.1 171 -72
15H
TN:5
27b
2A
13-29-22 22
1} I'�U
�
I y 1 •;
1
21
1n,
.?"
�1Ta
iqr
in
�Q
IR tiF
•
r5
us
yi
iRJI
—ms*tIispnavk d + rot rh8 ,u
1o7
14Y
21
— PVFP4)W iA4a5Wing im RX*d4 Eftm Irrn� 1�
Um 1
{
'v,
2,i
f
and Uju CGrmry assmm # IMF ReNity for
+ W&Inkmo, If any, vool wWd iunr&y_' 1 F
;
VA _
3
— —
AL LUUM TIM
r ILA
W I'lF lC�i 1D e��v
Sbr� 4 Zcr. L r 1.
1�U II 1
I 1
1:2 r. e19 p��
85�1
1�1 Rft rr
I
,^c- 2Yb
6 $
� 1X
-4
`•� �•�r
• � .� ..
47 UI
.. :is
s.3�
7Fi
Silverbrook Estates Phase 3
•
0 odl goo ��
0 o�oe�IJ�
Date: 1-19-2022
File Path: J/2022/01192022
MtCadastral data: 1-19-2022
KALISPELL
•
® Subject Property
Mailing List Parcels
S • •
. AGOG
!--i .
HAGERMAN-L1N �
• x
Kalispell Development Services
0 500 1,000
Feet
Kalispell Growth Policy Exhibit, 1-19-2022
Silverbrook Estates Phase 3
Subject Property
Commercial J� S011
FF Urban Mixed Use Cn
x
High Density Residential
z
Urban Residential a COUNTY
0
Suburban Residential
City Airport -Gov.
Public/Quasi Public, Openspace
- Floodway
Industrial
Neighborhood Commercial
Urban Mixed
Use
p a
3
x
COUNTY _ _ �Mob,. Suburban Residential
I
KLIN
R
Date: 1-19-2022 Kalispell Development Services
FilePath: J/2022/01192022 "`Y°k
KALISPELL ''°°° 2'000
MtCadastral data: 01192022 Feet
Kalispell• • Exhibit,1
Silverbrook
Subject Property
Residential
Residential/Professional Office
Central Business
Residential Apartment
Residential Apartment/Office
General Business
.- Area Business
Residential
Public
z
�1t3
■E��
Date:•
.:. ..
--