Loading...
H5. Reso 6164 - Final Plat, Begg Sub Phase 2CITY [IF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner Development Services Department 201 lst Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: KWP23-01 - Final Plat request for Begg Subdivision, Phase 2 MEETING DATE: October 2, 2023 BACKGROUND: Brytech Crossing 1, LLC, has submitted an application for final plat based on a waiver of preliminary plat for an originally four -lot (now three -lot) subdivision. The subdivision is part of the financing for a 324-unit (now planned for 300 unit) apartment complex which received a conditional use permit in March of 2018. The project was initially broken into three phases (now two subdivision phases, but three building construction phases). The first phase was previously final platted with the next phases under construction. As a waiver of preliminary plat, the request proceeds to City Council at the time of final plat along with a supporting staff report. The preliminary plat was waived on November 13, 2019, because it was found that the proposed subdivision met the criteria for preliminary plat waiver as outlined in Section 28.2.08 of the Kalispell Subdivision Regulations. All of the conditions of the preliminary plat waiver have been met or adequately addressed. The findings of fact for approval of the plat are found in attached staff report KWP-23-01. The overall subdivision is located at 401 Two Mile Drive and can be described as Tract 1 of Certificate of Survey 21530 in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana. RECOMMENDATION: It is recommended that the Kalispell City Council approve the final plat request for Begg Subdivision, Phase 2. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter Staff report KWP-23-01 Application Materials c: Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO. 6164 A RESOLUTION APPROVING THE FINAL PLAT FOR BEGG SUBDIVISION PHASE 2, DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 21530 IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Brytech Crossings 1, LLC, the owners of the certain real property described above, has petitioned for approval of the final Subdivision Plat of said property; and WHEREAS, the preliminary plat was waived on November 13, 2019 as the subdivision met the criteria for preliminary plat approval waiver, as outlined in Section 2.08 of the Kalispell Subdivision Regulations (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), subject to ten (10) conditions, all of which have been met; and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report (#KWP-23-01) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report #KWP-23-01 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Brytech Crossings 1, LLC, the owners of the certain real property described as Tract 1 of Certificate of Survey 21530 in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Begg Subdivision Phase 2 is hereby approved. SECTION 3. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION 4. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 2ND DAY OF OCTOBER, 2023. ATTEST: Judi Funk Deputy City Clerk Mark Johnson Mayor C I' I' Y () ir, KALISPELL September 8, 2023 Doug Russell, City Manager City of Kalispell 201 1st Avenue East Kalispell, MT 59901 Development Services Department 201 lst Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Re: KWP-23-01 - Final Plat for Begg Subdivision, Phase 2 Dear Doug: Brytech Crossing 1, LLC, has submitted an application for Final plat based on a waiver of preliminary plat for an originally four -lot (now three -lot) subdivision. The subdivision is part of the financing for a 324-unit (now planned for 300 unit) apartment complex which received a conditional use permit in March of 2018. The project was initially broken into three phases (now two subdivision phases, but three building construction phases). The first phase was previously final platted with the next phases under construction. As a waiver of preliminary plat, the request proceeds to City Council at the time of final plat along with a supporting staff report. The preliminary plat was waived on November 13, 2019, because it was found that the proposed subdivision met the criteria for preliminary plat waiver as outlined in Section 28.2.08 of the Kalispell Subdivision Regulations. All of the conditions of the preliminary plat waiver have been met or adequately addressed. The findings of fact for approval of the plat are found in attached staff report KWP-23-01. The overall subdivision is located at 401 Two Mile Drive and can be described as Tract 1 of Certificate of Survey 21530 in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana. COMPLIANCE WITH CONDITIONS OF APPROVAL: Prior to final Dlat 1) That the final plat is insubstantial compliance with the preliminary plat that was waived. Staff Response: This condition has been met. The final plat is insubstantial compliance with the preliminary plat. 2) This waiver of preliminary plat approval is valid for three years and will expire on November 14, 2022. Staff Response: This condition has been met. The original expiration date was extended based on the final plat approval of Phase 1 to November 15, 2023, which extends the expiration date by two years. It has been submitted for approval prior to the expiration of the preliminary plat waiver. 3) The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Staff Response: This condition has been met. The applicant submitted approvals from DEQ dated June 26, 2020, as well as design approval from the City of Kalispell dated March 6, 2020. 4) Two Mile Drive adjacent to the subdivision shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards prior to final plat of Phase 1. Upgrades include curb and gutter, sidewalk, street trees and boulevard. Staff Response: This condition has been met. The work was completed as part of Phase 1. 5) A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Staff Response: This condition has been met. The letter from Public Works dated June 14, 2023, accepted the improvements. 6) Prior to final plat of Lots 2-4, Teton Street shall be constructed in accordance with KCU-17-10. Staff Response: This condition has been met. The applicant submitted a letter from Public Works dated June 14, 2023, accepting the infrastructure, including the street. 7) All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. The applicant submitted a letter from the Public Works Department dated June 14, 2023, which approved the location of the easements. 8) The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature Staff Response: This condition has been met. The note appears on the final plat. 9) The proposed Lot lines shall meet the required setbacks from the proposed apartment buildings. Staff Response: This condition has been met. The property line was placed to account for required setbacks. 10) The City of Kalispell shall verify that parking and stormwater requirements are met prior to individual lots being sold. A note shall be placed on final plat stating such. Staff Response: This condition has been met. The note was placed on the final plat. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was waived on November 13, 2019. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. All taxes are current and a consent to plat was submitted with the application. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance RA-2 Zoning designation, which governs the dimensional requirements of the lots within the subdivision as well as the uses. In addition, it meets the conditions of the related conditional use permit issued for the development on March 5, 2018. RECOMMENDATION: It can be found that the conditions of the waiver of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat for Begg Subdivision, Phase 2. Attachments: - Staff Report KWP-23-01 - Mylar of final plat - Copy of final plat - Applicant responses and application - Waiver of Preliminary Plat dated 11/13/19 - DEQ letter dated 6/28/23 - Public Works letters dated 3/6/20 and 6/14/23 - Fidelity National Title Report FT1585-224185 dated 7/14/23 - Consent to Platting from First Interstate Bank dated 12/21/22 - Tax Certification dated 5/22/23 - Water Rights Query c w/ Att: Aimee Brunckhorst, Kalispell City Clerk BEGG SUBDIVISION PHASE 2 (A/K/A CROSSINGS AT TWO MILE/LANDINGS AT TWO MILE) REQUEST FOR FINAL PLAT STAFF REPORT #KWP-23-01 KALISPELL PLANNING DEPARTMENT OCTOBER 2, 2023 This is a report to the Kalispell City Council detailing findings of fact for the second phase of a three -lot (originally four -lot) residential/apartment subdivision. Preliminary plat approval for this minor subdivision was waived on November 13, 2019, with 10 conditions of approval. Final plat for the first phase was granted at the City Council meeting on November 15, 2021, and this request would be for the final plat of the remainder of the development. BACKGROUND INFORMATION Brytech Crossings 2, LLC, has submitted an application for final plat based on a waiver of preliminary plat for a four -lot subdivision. The subdivision is part of the financing for a 324-unit (now planned for 300-unit) apartment complex which received a conditional use permit in March of 2018. The project was initially broken into three phases (now two phases). The first phase was previously final platted with the next phase under construction. As a waiver of preliminary plat, the request proceeds to City Council at the time of final plat along with a supporting staff report. A: Applicant: Brytech Crossings 2, LLC 9708 N. Nevada St, Ste 1 Spokane, WA 99218 B: Location: The subdivision as a whole is located at 401 Two Mile Drive and can be described as Tract 1 of Certificate of Survey 21530 in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana. C: Existing Land Use and Zoning: The subject property is currently under development with an apartment complex. The zoning of the property is RA-2 (Residential Apartment/Office), which is "a district to provide areas for residential development including multi -family housing and compatible non-residential uses of high land use intensity. This district would typically serve as a buffer zone between other commercial districts and adjacent residential areas. The location of this district depends on proximity to major streets, arterials, and business districts. This district shall be located within or adjacent to business corridors, shopping islands or the Central Business District. This zoning district would typically be found in areas designated as urban mixed use, high density residential and commercial on the Kalispell Growth Policy Future Land Use Map." Kalispell Zoning Exhibit- November 5th, 2021 Assessor0015513 i I Residual •.•�. Resideirtalmraiessianal Orfi a �,... Ce tra Rosiness Re Aedal Aparbr e t ResiderrlialApart—VO4iee R-3 \ General Business Core Area Business R-4bL Re Aertal A - pu6Ne Nom L.BER7Y SI � P-1 N RA-1 ounty '74 B-1 G4LC n:a S`" R-4 all ;alr=:n-s-zrar _fvafth. Kalispell Developn%nt Services r�oeaan:.uz4arn1ocma1 I ALISFEL4 o ax lo-� Feet I D. Size: The subject property is approximately 15.0 acres, including a 0.03 acre utility lot owned by the City. E: Adjacent Zoning: North: City RA-1 East: City RA-1/R-4 South: City RA-1 West: County R-1 F: Adjacent Land Uses: North: Multi -family residential East: Single-family and townhome residential South: Multi -family residential West: Undeveloped/large-tract single-family residential 2 G: General Land Use Character: The area is primarily a residential area with established single-family, townhome, and multi -family developments on three sides. The area begins to transition to the west of the property into single-family urban development on the south side of Two Mile and mostly undeveloped land on the north side of Two Mile. About 1/4 mile to the west is the Highway 93 Bypass, although there is no access to the bypass from Two Mile. H: Availability of Public Services and Extension of Services: The property is currently located within the City of Kalispell and all services are available to the property. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District #5 Peterson/Glacier High School Fire: City of Kalispell Police: City of Kalispell 3 REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT This report is based on a request for final plat for Phase 2 of the Begg Subdivision, which is a three -lot subdivision that received a waiver of preliminary plat in November of 2019 and final plat of Phase 1 in November 2021. The 324-unit apartment complex being developed on the property received a conditional use permit in March of 2018. The project was broken into three phases, although platting of the subdivision has been consolidated into two phases. The original site plan and phasing is shown below, as well as the proposed final plat for Phase 2. PIe3 Of BEGG SUBDIVISION, PHASE 2 ne, aen A 5Ubdirivvn Inca Eed In M. M14IW114 5 .. 14 i.2".., R22Y, P.Y.,N., CITY OF RAL1 EL4 FL4iHEr1D CO=,, MOM A _10q1 MI nw— 4 A. Effects on Health and Safety: Fire: The property is considered to be at low risk of fire. Buildings within the subdivision are and will be constructed in accordance with the International Fire Code and have access which meets city standards. The area to be built upon does not have steep slopes or woody fuels. Hydrants are and will be required to be placed in compliance with the requirements of the Uniform Fire Code and approved by the Fire Chief. Flooding: A portion of the subject property was located within the 100-year floodplain per the Flood Insurance Rate Map (panel number 30029C1805J, effective date November 4, 2015). The developer received a floodplain development permit for placement of fill and went through the Letter of Map Revision based on Fill ("LOMR-F") process with FEMA, which removed the property from the special flood hazard area. FEMA approved the removal in February 2020. Access: The development will have three access points. The primary access will be from Two Mile Drive. Teton Street will also be extended through the property from east to west, providing access from the existing Teton Street as well as a connection to any potential future development to the west. A Traffic Impact Study ("TIS") was completed in accordance with the CUP. The recommendations in the TIS will be complied with prior to the issuance of a building permit for each phase. B. Effects on Wildlife and Wildlife Habitat: There are no water features which would provide aquatic or riparian habitat. There also does not appear to be any significant wildlife impacts. The Resources and Analysis Section of the Kalispell Growth Policy includes information from the Montana Department of Fish, Wildlife and Parks relating to deer, elk and moose habitat. As with the majority of the Kalispell area outside of the core downtown, the maps show a whitetail deer density of 5 to 30 per square mile, but no significant elk or moose habitat. C. Effects on the Natural Environment: Topography, Geology and Soils: The overall site is generally flat with slopes near the perimeter that are a result of the fill placed on the property in conjunction with the floodplain work (LOMR-F). There are not any topographic or slopes that would impact this development. A Geotech report was prepared for the property as part of the building permit submittal. No significant issues impacting development were noted. The recommendations in the report should be followed as the site is developed. Surface and Groundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. Since the floodplain has been addressed, no other surface water creates concerns regarding this development. Drainage: Curbs and gutters have been installed and a storm management plan has been developed to address the runoff from the site. The project includes an on -site stormwater 5 system. The system requires a maintenance plan and a waiver of right to protest the creation of a Special Improvement District ("SID") for stormwater maintenance should be included on the final plat as part of those maintenance provisions. The SID would only be implemented in the event that stormwater facilities are not maintained in a manner consistent with the approved drainage plan. Also, the developer is required to submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval per requirements of the city's Municipal Separate Storm Sewer System permit with the State of Montana. These plans provide for managing storm water on the site and include stabilizing the construction site through an approved revegetation plan after site grading is completed. D. Effects on Local Services: Water: Water service to the subdivision would be provided by the City of Kalispell from an existing water main that the developer would extend throughout the subdivision. The water system for the subdivision was reviewed and approved by the Kalispell Public Works Department and Kalispell Fire Department as part of the development of the subdivision for compliance with the City of Kalispell Standards for Design and Construction and the Fire Code. There is adequate capacity within the city's water system to accommodate this development. Water rights associated with the property shall be transferred to the City of Kalispell along with the final plat. Sewer: Sewer service will be provided by the City of Kalispell with an extension of existing sanitary sewer mains that the developer would extend into the subdivision. The new extension includes a lift station included within a utility lot that is part of Phase 1. The sewer system for the subdivision was reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision for compliance with the City of Kalispell Standards for Design and Construction. There is adequate capacity within the city's sewer system to accommodate this development. Access and Roads: The property is accessed by Two Mile Drive and Teton Street. The frontage of Two Mile was improved to urban standards as part of Phase 1 and Teton Street has been extended with Phase 2. Schools: The property is within the boundaries of School District 95 (Peterson and Glacier High School). On average, based on 324 units, it would be anticipated that there would be about 162 students at full build -out. Section 76-3-608(1) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire 10 protection. As part of the review of the engineering plans for the subdivision, fire protection, including access, fire flow and hydrant location, will be reviewed. Fire station 61 is located approximately 1.1 miles away providing good response time. Parks and Recreation: For multi -family developments, the zoning ordinance requires a minimum of 500 square feet of land or the equivalent value in improvements providing recreational benefit to the residents. Phase I includes a clubhouse in addition to outdoor park areas and provides the required recreational amenities. Recreational amenities for each phase will be reviewed as part of the building permit and site review process. Solid Waste: Solid waste will be handled by the City of Kalispell. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is approximately 0.9 miles from the site. E. Effects on Agriculture and agricultural water user facilities: This property is under development as multi -family housing. The NRCS classification from 2007 shows the property as prime farmland if irrigated. Current policies in the Kalispell Growth Policy Plan -It 2035, Chapter 5, Land Use: Natural Environment, state the following: Policy Encourage urban growth only on agriculture lands entirely within the city's annexation policy boundary. By providing a growth area boundary, the city can encourage the extension of city water and sewer service, as well as other city services, which enables more growth to come into the City of Kalispell with higher density. By allowing higher density development within the city's growth policy area, it could reasonably be expected that more farmlands could be conserved due to the availability of residential and commercial lots within the Kalispell Growth Policy boundary, limiting sprawl/leapfrog development. In this particular case, the land is already located within the city limits and partially developed. 7 Kalispell Growth Policy Exhibit- November 5th, 2021 NOP.TPI Assessor Q015513 Commeccia ® Urban Mixed Use i Mld DA. - Fth Density Residential Urban Residerrtial Urban Residential a �aeonns - Suburban Residential C rynirpon-Garr. =... I C-Qua5l Pub., OpLY15paCe iReadrrag Industrial Neighborhood Commercial y4 MESA_A, High Density Residential i Urban Residential I HAWrnO11hW GLI? Subject Cr Property 3 Y �`1'-OIYsfOn'E sr 6 uAs-. i aOF High Density Residential J Commercial .—^WXAV-� Kalispell Development Services - :-- - 272t i77G67➢27 rr . - ----- . C i0Q 6n© F: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as High Density Residential. Areas designated as High Density Residential are served by urban infrastructure and services and are generally developed at densities of 20 to 40 dwelling units per acre, with a mix of uses including multi- family developments. The overall density is about 21.6 units per acre and does not exceed the density limits of the land use designation. The proposed subdivision can be found to be in compliance with the Kalispell Growth Policy and its goals and policies. G. Compliance with Zoning: The request complies with the RA-2 zoning regulations, including minimum lot size and width requirements. Minimum lot size in the zone is 6000 square feet plus 1500 square feet per unit. Phase 2 has two lots. Lot 2 is 2.61 acres and Lot 3 is 5.268 acres, both of which are sufficient to support the planned number of units. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-23-01 as findings of fact for the proposed subdivision and approve the final plat for Begg Subdivision, Phase 2. PLANNING FOR THE FUTURE November 13, 2019 Sands Surveying ATTN: Eric Mulcahy 2 Village Loop Kalispell, MT 59901 MONTANA Re: Waiver of Preliminary Plat Approval — Crossings at Springcreek Dear Eric: Planning Department 201 1' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning This letter is in response to your request for waiver of preliminary plat for a four lot minor subdivision. The subdivision will subdivide a 15-acre lot into four lots ranging from .75 and 6.4-acres in size. The property to be subdivided is zoned RA-2 (Residential Apartment/Office). The property is generally located at the 500 Block on the north side of Two Mile Drive and immediately west of Glacier Street, Yellowstone Street and Teton Street. The subject property can be legally described as Tract 1 of Certificate of Survey #20690 in Section 12, Township 28N, Range 22W, P.M.,M., Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided under Section 28.2.08 of the Kalispell Subdivision Regulations. Specifically, it meets the following criteria if the applicants agree to these terms: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. Due to the relatively minor impacts that this subdivision poses, and the fact that the impacts associated with the development were addressed through approval of conditional use permit (KCU-17-10), this office grants preliminary plat approval subject to the following conditions: Prior to final plat 1) That the final plat is in substantial compliance with the preliminary plat that was waived. 2) This waiver of preliminary plat approval is valid for three years and will expire on November 14, 2022. 3) The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 4) Two Mile Drive adjacent to the subdivision shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards prior to final plat of Phase 1. Upgrades include curb and gutter, sidewalk, street trees and boulevard. 5) A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. 6) Prior to final plat of Lots 2-4, Teton Street shall be constructed in accordance with KCU-17-10. 7) All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 8) The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature 9) The proposed Lot lines shall meet the required setbacks from the proposed apartment buildings. 10) The City of Kalispell shall verify that parking and stormwater requirements are met prior to individual lots being sold. A note shall be placed on final plat stating such. Waiver of preliminary plat approval does not constitute approval of the subdivision, nor does it constitute approval of the site plan for the proposed lot. Please note that prior to final plat approval all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please contact me. Sincerely, Tom Jentz Director FFM44 m F o G k � c m v m W h m e h W 4 Z Q h mZ Q w� SG v itd Fv,� w Lqa �� IM m D G �p ooq 4 G em qo e aU a w p >� $Nux a v a§x4 h ta m g re o N,Z6'6SS $OI,60.t0.S w � - - - =�r�Ili va --ad------=-------- ------ � r-� r-m I - CQ r SE / I.00,Btfit-o e I � I sq-III s m 3 r v I / m .oG m 3N tl d= JnL -- -----J wl ---- u,J -----J - r- _ ----------==------- ----- ---- - �- II1 a-------� 1 I I SEgaE Eu I'y9 eds ti e o a'v O 4 m h ap 25 rrf �'�o oa W vi ssm Nk<ry U F N EEgGl ;so, 2 ti R w Development Services CFt'Y '_,t, Department 201 1st Avenue East .AL I S P ELL Kalispell, 59901 Phone (406) 758-7-7940 FINAL PLAT Email: Planning(Qkalispell,com Website: www.kalispell.com Project Name Begg Subdivision, Phase 2 Property Address 401 Two Mile Drive NAME OF APPLICANT Brytech Crossing 2 LLC, Attn: Tom Wilkes Applicant Phone (509) 979-1333 (Tom) Applicant Address 9708 N. Nevada Street, Suite 1 .City, State, Zip Spokane, Ave 99218-6013 Applicant Email Address tom@brytechco.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Same Owner Phone Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCHITECT/ENGINEER) Phone Address City, State, Zip Email Address POINT OF CONTACT FOR REVIEW COMMENTS Phone Sands Surveying, Inc Atttn: Eric Mutcahy (406) 755-6481 Address 2 Village Loop City, State, ZipKalispell, MT 59901 Email Address eric@sandssurveying.com List ALL owners (any individual or other entity with an ownership interest in the property): Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): Begg Subdivision Phase 2, SW114 NE1f4 of Section 12, T28N, R22W, P.M.M., Flathead County eh m Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. KALISPELL Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 t. Date of Preliminary Plat Approval 111131109 2. Type of Subdivision: Residential IndustriaiEl Commercial PUDD Othero 3. Total number of lots in Subdivision: Two loll in Phase 2 4. Land in Project (acres) 8 66 6. Cash-in•lieu $ 5. Parkland (acres) N/A 7. Exempt Yes B. Number of lots by type Single Family Multi -Family Two tots Commercialllndustrial Mobile Home RV Park Townhouse (sublots) Other INSTRUCTIONS FOR FINAL PLAT 1. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blank statements stating, for example, "all improvements are in place" are not acceptable. 2. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. 3. Please verify the final plat with staff and submit to the county 509 committee prior to submitting mylars. REQUIRED SUBMITTALS Attached Not Applicable Cover letter addressing prediminary plat conditions wl attachments Title Report (Original, not more than 90 days old) Tax Certification (Property Taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvement Agreement (Attach signed original & collateral) Parkland Cash -in -lieu (Check attached) Water rights transfer Copy of CCR's Plats (2 mylars & 1 electronic copy) -other attachments required per appendix D of subdivision regulations 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 staffto f be present on the property for routine monitoring and inspection during the approval and development process. Applicant SignJ. re Date _ CAFN (7 KALISPELL APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 30 days prior to the City Council Meeting) Application Contents: Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone 1406)758-7940 1. Completed application form & attachments 2. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) 3. Electronic copy of the .dwg files of the final plat 4. Application fee based on the schedule below, made payable to the City of Kalispell: Minor Subdivision with approved preliminary plat $400 + $125 per lot Major Subdivision with approved preliminary plat $800 + $125 per lot Subdivisions with waiver of preliminary plat $800 + $125 per lot Subdivision Improvement Agreement $50 Filing Fee Attached $ 1300. 00 SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 406-765-6481 Fax 406-755-6488 July 10, 2023 Kalispell Planning Office PJ Sorenson, Senior Planner 201 1st Avenue East Kalispell, MT 59901 Dear PJ: Attached please find the materials necessary to review and approve the final plat for Begg Subdivision, Phase 2. 1 have listed the Conditions of Approval and address how each Condition is met. Begg Subdivision (Formerly Crossings at Springcreek) was granted waiver of Preliminary Plat approval on November 13, 2019. Begg Subdivision Phase 1 was granted final plat approval on November 15, 2021. The conditions of approval are addressed as follows. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. This condition is met. The subdivision is in substantial compliance with the approved preliminary plat. 2. The final plat approval of Phase 1 was granted on 11/15/21 so the phase 2 plat will expire on 11/15/23. This condition is met as the final plat is submitted prior to the expiration. 3. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. This condition is met. Attached is a copy of the MFE from the MDEQ (EQ#20-1270). 4. Two Mile Drive adjacent to the subdivision shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards. Upgrades include curb, gutter, sidewalk, street trees and boulevard. This condition was met with Phase 1 5. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Begg Subdivision, Phase 2 — - .•,._.__r_._ Page 1 This condition is met. See email from Kalispell Public Works, Matt Carlenzoli, accepting the infrastructure 6. Prior to the final plat of lots 2-4, Teton Street shall be constructed in accordance with KCU-17-10. This condition is met. 7. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. This condition is met. See email from Kalispell Public Works, Keith Haskins, PE approving the easement with the correction of two. 8. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and hold forever." Developers Signature This condition is met. The statement appears on the plat. 9. The proposedLot lines shall meet the required setbacks from the proposed apartment buildings. This condition is met. 10. The City of Kalispell shall verify that parking and stormwater requirements are met prior to individual lots being sold. A note shall be placed on the final plat stating such. This condition is met. The subdivision is in substantial compliance with the approved preliminary plat. Attached please find a title report and tax certification. Thank you for your kind consideration of this application. If you should have any further questions or concerns, please do not hesitate to call. Sincerely, :4 -- Eric H. Mulcahy, AICP Sands Surveying, Inc. Attach; Final Plat Application Application Fee - $1300.00 Cover Letter (7/1 0/23) Email — Keith Haskins, PE approving easements Letter — Kalispell Public Works, accepting infrastructure (6/14/23) MDEQ Approval EQ #23-2674 (7/26/20) Fidelity National Title Subdivision Guarantee (FT1585-224185 dated 12/14/22) Consent to Plat — First Interstate Bank (12/21/22) Tax Cert (5/22/23) PLANNING FOR THE FUTURE November 13, 2019 Sands Surveying ATTN: Eric Mulcahy 2 Village Loop Kalispell, MT 59901 MONTANA Re: Waiver of Preliminary Plat Approval — Crossings at Springcreek Dear Eric: Planning Department 201 1' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning This letter is in response to your request for waiver of preliminary plat for a four lot minor subdivision. The subdivision will subdivide a 15-acre lot into four lots ranging from .75 and 6.4-acres in size. The property to be subdivided is zoned RA-2 (Residential Apartment/Office). The property is generally located at the 500 Block on the north side of Two Mile Drive and immediately west of Glacier Street, Yellowstone Street and Teton Street. The subject property can be legally described as Tract 1 of Certificate of Survey #20690 in Section 12, Township 28N, Range 22W, P.M.,M., Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided under Section 28.2.08 of the Kalispell Subdivision Regulations. Specifically, it meets the following criteria if the applicants agree to these terms: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. Due to the relatively minor impacts that this subdivision poses, and the fact that the impacts associated with the development were addressed through approval of conditional use permit (KCU-17-10), this office grants preliminary plat approval subject to the following conditions: Prior to final plat 1) That the final plat is in substantial compliance with the preliminary plat that was waived. 2) This waiver of preliminary plat approval is valid for three years and will expire on November 14, 2022. 3) The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 4) Two Mile Drive adjacent to the subdivision shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards prior to final plat of Phase 1. Upgrades include curb and gutter, sidewalk, street trees and boulevard. 5) A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. 6) Prior to final plat of Lots 2-4, Teton Street shall be constructed in accordance with KCU-17-10. 7) All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 8) The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature 9) The proposed Lot lines shall meet the required setbacks from the proposed apartment buildings. 10) The City of Kalispell shall verify that parking and stormwater requirements are met prior to individual lots being sold. A note shall be placed on final plat stating such. Waiver of preliminary plat approval does not constitute approval of the subdivision, nor does it constitute approval of the site plan for the proposed lot. Please note that prior to final plat approval all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please contact me. Sincerely, Tom Jentz Director CITY OF KALISPELL March 6"', 2020 Ryan Andrade, PE Project Engineer Whipple Consulting Engineers 21 South Pine Road Spokane Valle, WA 99206 Re: Crossings at Spring Creek Conditional Engineering Approval Dear Mr. Andrade, The drawings submitted on March 31d, 2020 for the above project are hereby approved contingent on the following items: • The owner must sign and return the waiver of right to protest an SID for stormwater maintenance if the owner does not maintain the property or reconstruction of failed stormwater facilities. • The owner must sign and return the agreement to retain a professional engineer to witness and verify construction is in compliance with the approved design and City Standards (see Appendix J of the City Standards). • The property owner adjacent to the utility lot in the development is responsible for maintaining the grass and/or landscape area on the city utility lot that is not fenced in. The following deviations are hereby approved only for this project. Several Site and project specific factors were taken into account with this project. The same deviation requests may not be approved on future projects: • The request to deviate form 7.1.5G.La to allow the water quality unit to be located downstream of underground detention facilities. • The request to deviate from 7.1.5G.VLa.i.A to not require a 2 foot sump at all access ports. Five reviews were done at a cost of $180 each. Please submit the review fee of $900 to the City of Kalispell Building Department with the other building permit fees. 2011" Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831 www.kalispeff com Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the City Standards currently in effect. If more than 18 months lapse before completing construction, plans and specifications must be resubmitted and approved before construction continues. Any modifications made to these approved plans shall be submitted for review prior to construction. This approval is for the Public Works Department only and not does necessitate full City approval. If additional approvals from other City Departments are required they should continue to be pursued. Please contact Mark Crowley at (406)249-2485 to set up a pre -construction meeting prior to beginning construction. A Right -of -Way and Stormwater permit must be obtained by the prime contractor for this project. At project completion, please provide the City with hard copy and electronic record drawings. We look forward to working with you on this project. Sincerely, Y9L_V#1( Patrick Jentz, PE Engineer 2 cc: Emily Gillespie, PE — MDEQ Keith Haskins, PE — City Engineer Mark Crowley, — Construction Manager 2011s' Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831 www.kalispeff com CITY OF KALISPELL June 14, 2023 Mr. Toni Wilkes Brytech Construction, LLC 9708 N. Nevada, Suite 001 Spokane, WA 99218 Re: Crossings at Spring Creek Phase 2 Subdivision a.k.a. The Landings Dear Mr. Wilkes All public infrastructure constructed for the Final Plat of Crossings at Spring Creek Phase 2, and proposed to be transferred to the City of Kalispell, has been designed and constructed in accordance with MDEG and City Design and Construction Standards. It has been tested and certified by a Montana licensed Professional Engineer in a letter dated December 20, 2022 and accepted by the Department of Public 'Works. I addition, all required easements and rights -of -way for Phase 2 have been determined to be acceptable, S;z;w,, Matt Carlenzoli Construction Manager CC: • Paul Walker — Denman Construction • Ryan Andrade — Whipple Consulting Engieers, Inc. • file 201 1 " A ven tic E Phone (406)758•7710 PO BOX 191)7 Public "Works Department Fax (.>;0s)7ys-7s31 Kalispell, NIT $99113 uww.kalis I�_I. orn D QM- Montana Department of Environmental Quality .tune 28, 2023 Todd Whipple Whipple Consulting Engineers 21 S Pine Road Spokane Valley WA 992060 Dear Mr. Whipple, RE: Begg Subdivision Phase 2 Municipal Facilities Exclusion EQ# 23-2674 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not subject to review, and the Declaration can be filed with the county cleric and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Begg Subdivision Phase 2 Municipal Facilities Exclusion will consist of 2 Lots, Sincerely, Rachel Clark.,,' Engineering Bureau Chief Waver Quality Division Department of Environmental Quality (406) 444-1277 Email rachel.clark? mt gov cc: City Engineer County Sanitarian file Greg Gianforte, Governor I Chr;s Darrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444.2544 t wNw.deq.mt.gov Guarantee/Certificate Number: Issued By: Fidelity National Title' FT1585-224185 41 Insurance Company Amendment 1 FIDELITY NATIONAL TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Brytech Crossing 2, LLC a Montana limited liability company herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Fidelity National Title Company of Montana, LLC 150 1st Avenue WN, Suite B Kalispell, MT 59901 Countersigned By: SEAL 6 Karla Kemm Authorized Officer or Agent Fidelity National Title Insurance Company By: Attest: ), �, �/X( Ll_� 7 Michael J. Nolan, President Marjorie Nemzura, Secretary Subdivision Guarantee/Ger icate Printed: 07.21.23 @ 12:15 PM Page 1 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-224185 FIDELITY NATIONAL TITLE INSURANCE COMPANY ISSUING OFFICE: Title Officer: Karla Kemm (SM) Fidelity National Title Company of Montana, LLC 150 1st Avenue WN, Suite B Kalispell, MT 59901 Main Phone: (406)755-7004 Email: Karla.Kemm@fnf.com SCHEDULE A GUARANTEEICERTIFICATE NO. FT1585-224185 Amendment 1 Liability Premium Tax $10,000, 00 $150.00 $0.00 Effective Date: July 14, 2023 at 08:00 AM The assurances referred to on the face page are; That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: A Tract of land, situated, lying and being in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M„ Flathead County, Montana, and more particularly described as follows to wit: BEGINNING at the Northwest corner of Lot 1 of the Plat of Begg Subdivision, Phase 1 (records of Flathead County, Montana) which is a found iron pin; thence North 010 03' 10" East, 777.14 feet to a found iron pin; thence South 89' 54' 00" East, 538.94 feet to a found iron pin; thence South 01' 03' 10" West, 553.92 feet to a found iron pin on the Southerly R/W of a 60 foot city street known as Teton Street; thence along said R/W North 890 54' 00" West, 75.73 feet to a found Iron pin and the P.C. of a 380.00 foot radius curve, concave Northeasterly, having a central angle of 14' 28' 00"; thence Northwesterly along an arc length of 95.95 feet to a found iron pin; thence leaving said R/W South 140 34' 00" West, 78.91 feet to a found iron pin; thence South 00' 35' 23" West, 161.84 feet to a found iron pin; thence North 89' 24' 37" West, 350.91 feet to the point of beginning. The above described tract of land shall hereafter be known as: Begg Subdivision, Phase 2 Title to said real property is vested in: Brytech Crossings 2, LLC, a Montana limited liability company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision GuaranteelCertificate Printed: 07.21.23 @a 1216 PM Page 2 MT-FT-FLAT-01585,350200-SPS-1-23-FT1585-224185 GUARANTEEICERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1585-224185 Amendment 1 SCHEDULE B A. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession of the Land. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown in the Public Records, C. Easements, claims of easements, or encumbrances which are not shown by the Public Records. D. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. E. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters accepted under (a), (b), (c) are shown by the Public Records. F. Taxes 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. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. G. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21 M.C.A., including but not limited to any right of the public to use and occupy those certain roads and trails. H. Mineral rights, claims or title to minerals in or under said Land, including but not limited to metals, oil, gas, coal, and other hydrocarbons, sand, gravel, or stone, and geothermal energy rights, and easement or other rights or matters relating thereto, whether express or implied, recorded or unrecorded. I. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I —Requirements are met. Paragraphs A, B, C, D„ F and I will not appear as printed exceptions on extended coverage policies, except as to such parts thereof which may be typed as a Special Exception as shown below. SPECIAL EXCEPTIONS: General Taxes for the year 2022 1st Half: $13,111.25, PAID 2nd Half: $13,111.22, PAID Tax ID No.: 75-0015513 2. General County Taxes for the year 2023 and subsequent years, which are a lien but not yet due or payable. 3. Any possible additional tax assessments because of construction and/or improvements to the property. Delinquent water and service charges of the City of Kalispell, if any, for which no investigation has been made. Subdivision Guarantee/Certificate Printed: 07.21,23 @ 12:16 PM Page 3 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-224185 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE 8 (continued) Easement(s) and rights incidental thereto as set forth in a document: Recording Date: March 15, 1937 Recording No.: 226/598 6. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Vivian Kinchella Recording Date: May 4, 1944 Recording No.: 257/92 GUARANTEEICERTIFICATE NO. FT1585-224185 Amendment 1 Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 6690. Reference is hereby made to the survey for more particulars. 8. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 20690. Reference is hereby made to the survey for more particulars. 9. This property lies within the boundaries of Resolution No. 5856 for Annexation, recorded March 7, 2018 at 201800004537 and will be subject to any levies and assessments thereof. 10. Grant of Conditional Use Recording Date: March 7, 2018 Recording No.: 201800004538 11. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Electric Cooperative, Inc. Recording Date: April 24, 2020 Recording No.: 202000010569 12. Waiver to Protest the Formation and Participation in a Special Improvement District Recording Date: May 1, 2020 Recording No.: 202000011130 13. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 21530. Reference is hereby made to the survey for more particulars. 14. Reciprocal Easement and Cost Sharing Declaration Recorded: December 10, 2021 Document No: 202100042412 15. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as referred to on proposed survey or plat to be recorded prior to or as a part of this transaction. Subdivision Guarantee/Certificate Printed: 07.21.23 @ 12:16 PM Page 4 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-224185 FIDELITY NATIONAL TITLE INSURANCE COMPANY 17 18 19 NN 21 SCHEDULE B (continued) A deed of trust to secure an indebtedness in the amount shown below, GUARANTEE/CERTIFICATE NO. FT1585-224185 Amendment 1 Amount: $9,500,000.00 Dated: January 3, 2022 Trustor/Grantor: Brytech Crossings 2, LLC, a Montana limited liability company Trustee: Insured Titles Beneficiary: First Interstate Bank Recording Date: January 4, 2022 Recording No.: 202200000266 Assignment of Rents Recorded: Januury 4, 2022 Instrument No: 202200000267 Notice of Right to Claim a Lien Claimed by: Rieber Contracting Inc Against: Brytech Crossings 2, LLC For: labor, materials and or services Recording Date: January 4, 2023 Recording No.: 202300000108 Notice of Right to Claim a Lien Claimed by: Dolan NW DBA Builderlighting.com Against: Brytech Crossings 2, LLC For: building materials and professional services Recording Date: April 17, 2023 Recording No.: 202300005659 The land described in the commitment/policy shall not be deemed to include any home trailer or mobile home located on the property. Exceptions and reservations contained in Patents of record. END OF SCHEDULE B Subdivision Guarantee/Certiricate Printed 07.21.23 @ 12:16 PM Page 5 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-224185 CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, First Interstate Bank, as beneficiary of a Deed of Trust dated January 3, 2022 to secure an original indebtedness of $9,500,000.00, recorded January 4, 2022 as Document 4202200000266, hereby consents to the Platting of a tract of land to be known and named as Bugg Subdivision, Phase 2. IN WITNESS WHER OF, said party has caused their name to be subscribed hereto on the "/ day of t2tf , 2022- Signature Printed Name and Title STATE OF Xec, ,/ SS COUNTY OF 1V�!�,7 On this `2 day of D� UM Yl�j'; 20 � , be ore me a Notary Public for the State of I,{�Q , personally appeared ell s+ j°t Yl , known to me to be the person whose name(s) is/are subscribed tot e foregoing instrument and acknowledged to me that he/she/they executed the same. Vau i Notary Public for the State 6f �CJ}- Notary Public State of Washington VENESSA L HUNT MY COMMISSION EXPIRES ,nl t, 2023 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Sands FOR: Brytech Crossings 2 LLC DATE, 10/06/2022 DESCP : Begg Subdivision Ph 2 YEARS 2019 thru 2020 22021 and 2022 PURPOSE : Subdivision ASSESSOR # 15513 0015513 updated 5/22/2023 tg I hereby certify that there are no outstanding taxes on the prop assigned the assessor numbers listed above, for the years i cated for each assessor number. Mk 2 2 2023 7121/23, 8:33 AM DNRC Water Right Query System Default The Montana Department of 'Query: (G EOCODE _ '07- Natural Resources Water Right Query SysteM3965-12-1-01-03-0000') (GEOCODE LIFE t Z GotlSei r tic n '07396512101030000') AND ( (Water Right Status `ACTIVE') OR (Water Right Status ='SEVERED')) There are no records for the search you have entered. Please modify your search and try again. Download *Excel users: Convert dates to numbers after download for proper sorting. wrgs. dnrc. mt.gov/Results W S.aspx?search=simple&i r)dex=8&geacode=07396512101030000&status=ACTV!S EV R 1 /1