Staff Report - KNTC 6 and 7KALisPEii,
Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: KPP-23-10 — Kalispell North Town Center Phases 6 & 7
Preliminary Plat
MEETING DATE: November 6, 2023
BACKGROUND: Stillwater Corporation has submitted a request for major preliminary plat
approval for Kalispell North Town Center Phases 6 and 7, a 23-lot commercial subdivision located in
a B-2 (General Business) zone within the Kalispell North Town Center Planned Unit Development
("PUD") overlay (previously known as The Glacier Town Center PUD). Overall, Kalispell North
Town Center is 485.5 acres and includes four zoning designations of R-3 (single-family residential),
R-4 (two-family residential), B-1 (neighborhood business), and B-2 (general business). These phases
contain 72.6 acres in lots, roads and common area. The property is generally located on the east side
of Highway 93 North between Glacier Memorial Gardens and Lincoln Street. The legal description
is attached as Exhibit A.
The Kalispell Planning Board held a duly noticed public hearing on October 10, 2023, to consider the
request. Staff presented amended staff report KPP-23-10 providing details of the proposal and
evaluation. Staff recommended that the Planning Board adopt the amended staff report as findings of
fact and recommend to the Council that preliminary plat approval be granted subject to 29 listed
conditions.
No public comments were received at the public hearing other than from the applicant. The public
hearing was closed and a motion was presented to adopt amended staff report KPP-23-10 as findings
of fact and recommend to the Kalispell City Council that the preliminary plat be approved subject to
the 29 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
6168, a resolution approving a request from Stillwater Corporation for approval of the preliminary
plat for Kalispell North Town Center Phases 6 and 7, a major subdivision preliminary plat consisting
of approximately 72.6 acres with 29 conditions of approval, which can be described as shown on
Exhibit A, attached hereto and hereby incorporated by reference.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 6168
October 10, 2023, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
c: Aimee Brunckhorst, Kalispell City Clerk
F.Y141RIT A
A tract of land located in the northwest 1/4 of Section 30, Township 29 North, Range 21 West, P.M.,
M., City of Kalispell, Flathead County, Montana and being more particularly described as follows:
Commencing at the center quarter corner of said Section 30; Thence N89°41'00"W, on and along the
south line of the northwest 1/4, a distance of 221.70 feet to the true point of beginning; Thence
N89°41'00"W and continuing on said south line of the northwest 1/4, a distance of 777.07 feet to the
east boundary of Utility Lot 1 of Kalispell North Town Center - Phase 1; Thence along the east, north
and west boundaries of said Utility Lot 1 the following three (3) courses: N00°23'20"W, 35.70 feet;
S89°36'53"W, 333.65 feet; S00°23'23"E, 31.61 feet to the south line of the Northwest 1/4 of Section
30; Thence N89°42'30"W on and along said south line, a distance of 1254.30 feet to the easterly
boundary of U.S. Highway No. 93; Thence on and along said easterly boundary the following six (6)
courses: N04°45'27"E, 189.07 feet; N00°11'21"E, 340.08 feet; N04°34'03"W, 60.20 feet;
N00°11'21"E, 40.00 feet; N13°35'55"W, 41.31 feet; W00°11'21"E, 646.20 feet to the south boundary
of Lincoln Street; Thence on and along said south boundary the following three (3) courses:
S89°45'09"E, 40.29 feet; N83°19'05"E, 65.80 feet; S89°59'52"E, a distance of 1763.37 feet to the
southeast corner of Kalispell North Town Center -Phase 2; Thence S89°59'52"E, a distance of 582.07
feet; thence S00°00'08"W, a distance of 480.70 feet; Thence N89°59'52"W, a distance of 90.58 feet;
Thence S00°00'08"W, a distance of 854.07 feet to the Point of Beginning.
RESOLUTION NO. 6168
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
KALISPELL NORTH TOWN CENTER PHASES 6 AND 7, DESCRIBED AS A TRACT OF
LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 29
NORTH, RANGE 21 WEST, P.M., M., CITY OF KALISPELL, FLATHEAD COUNTY,
MONTANA.
WHEREAS, Stillwater Corporation, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
October 10, 2023 on the proposal and reviewed Subdivision Report #KPP-23-10
issued by the Kalispell Planning Department; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of November 6,
2023, reviewed the Kalispell Planning Department Report #KPP-23-10, reviewed the
minutes 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-23-10 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Stillwater Corporation for approval of the Preliminary
Plat of Kalispell North Town Center Phases 6 and 7, Kalispell, Flathead
County, Montana is hereby approved subject to the following conditions:
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. All applicable conditions within Ordinance 1630 (Kalispell North Town Center PUD) shall
apply.
3. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
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 may include but not be limited to water/sewer
mains, streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
5. 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, or a proper bond is in place for said
improvements.
6. Storm water easements shall not straddle property lines.
7. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant feature
shall not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to develop a design that is both visually appealing and meets
the required safety guidelines. The storm water ponds will be required to be on utility lots,
and access for maintenance of the ponds shall be provided in accordance with city standards.
8. 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. 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.
10. Any 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, or that the
improvements have been appropriately bonded for.
11. The developer shall perform an analysis of the downstream sanitary sewer lift station and
perform any required upgrades.
12. The developer shall submit the street designs for any required improvements to the Kalispell
Public Works Department for review and approval prior to construction. Street designs shall
meet the city standards for design and construction, including, but not limited to, sidewalks,
landscape boulevard, streetlights, and curb/gutter. Jefferson Boulevard and the new east -
west street shall be constructed to major collector standards, and Cascade Loop to local street
standards. The roundabout and non-standard design elements shall be subject to the Public
Works review and approval.
13. Lots 1-7 shall only access off of Cascade Loop (Lot 5 may be able to have a limited access
on the new road subject to review as a deviation under the Standards for Design and
Construction), Lots 9-11 shall only access from the access easement along the northern
portion of those lots, and Lots 12-17 shall have shared approaches as shown on the proposed
plat. Lot 18 shall make provisions for a shared access on the southern portion of the property
with the future lot in the adjacent future phase. Lots 19-23 shall provide shared accesses as
well. A note shall be placed on the plat indicating the limited or shared access for those lots.
14. Under city standards, the developer shall maintain or improve the level of service at any
impacted intersections. The developer shall implement any mitigation necessary to meet that
standard identified in the TIS after acceptance of the TIS findings by the third parry review
and the Public Works Department.
15. Prior to final plat, 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.
16. 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.
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 property owner's association shall be formed and established for the common areas prior
to final plat. The association should include provisions for the maintenance of all common
areas including the storm water ponds and open space areas.
20. A note shall be placed on the final plat stating that owners waive their right to protest a
Special Improvement District for maintenance of common areas. A district shall only be
activated in the event that the homeowner's association defaults on their common area
maintenance obligations. The taxes levied within the special improvement district shall be
determined by the appropriate city department with approvals by the Kalispell City Council.
21. 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 common area and
the landscape boulevards of the streets serving the subdivision. The approved landscape plan
shall be implemented or bonded for.
22. 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
assessments levied within the maintenance district shall be determined by the Parks and
Recreation 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
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
assessments levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
24. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note
stating that "The owners hereby waive the right to protest the creation of an SID for the
purpose of financing improvements to area roads which specifically benefit this
subdivision."
25. All utilities shall be installed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
26. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
27. 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.
28. Any water rights associated with the property shall be dedicated to the City of Kalispell per
Section 28.3.08 of the subdivision regulations.
29. Recommendations contained in the submitted Geotechnical report shall be followed.
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 6TH DAY OF NOVEMBER, 2023.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
October 10, 2023
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and Zoning Commission
CALL
was called to order at 6:00 p.m. Board members present were Chad Graham, Joshua
Borgardt, Pip Burke, Rory Young, and Tim Stocklin. Kevin Aurich and Doug
Kauffman were absent. Jarod Nygren and PJ Sorensen represented the Kalispell
Planning Department. Keith Haskins represented the Kalispell Public Works
Department.
APPROVAL OF MINUTES
Young moved and Burke seconded a motion to approve the minutes of the September
12, 2023, 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.
PRO HOUSING GRANT
The Kalispell Planning Board will hold a public hearing to receive public testimony
regarding its intent to submit a U.S. Department of Housing and Urban Development
Pathways to Removing Obstacles to Housing (PRO Housing) grant. All interested
persons will be given the opportunity to ask questions and to express their opinions
regarding the proposed grant application.
Jarod Nygren representing the Kalispell Planning Department gave a brief summary
of the grant application.
PUBLIC COMMENT
None
KCU-23-05 — IMMANUEL
A request from Immanuel Lutheran Communities for a conditional use permit to
LUTHERAN LOFTS CUP
allow the expansion of an existing residential care facility on property located at 185
Crestline Avenue. The expansion, called the ILC Lofts, will include 40 new assisted
living apartment units in a four-story addition along with a fitness area and parking
on the first level. The addition will be located in the northwest portion of the
property along Claremont Street. A conditional use permit is required due to the
property's location in an H-I (Health Care) zone.
Planning Board President Chad Graham went on record to advise the board that this
item has been postponed to a later date.
KPUD-23-02 & KPP-23-08 —
A request from Silvermont Properties, LLLP, for Riverside North, which includes
RIVERSIDE NORTH
applications for an amended Planned Unit Development ("PUD") overlay and major
preliminary plat on approximately 80.97 acres of land. The property was included
as part of the 2006 Silverbrook PUD (a 325-acre development with R-2 (Residential),
R-4 (Residential), and B-I (Neighborhood Business) underlying zoning) and had
previously received preliminary plat approval as Silverbrook Phase 2D. The subject
property is part of the area of the overall PUD that is zoned R-2. The updated
development plan includes 97 lots (95 single family lots, with a storage unit lot for
residents and a fire station/public works facility lot to be dedicated to the City), roads,
park and common area.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report
#KPUD-23-02 & KPP-23-08.
Kalispell City Planning Board
Minutes of the meeting of October 10, 2023
Pagel
Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report #KPUD-23-02 & KPP-23-08 as findings of fact and recommend to
the Kalispell City Council that the PUD and preliminary plat be approved subject to
the conditions listed on the staff report.
BOARD DISCUSSION
The board discussed school district boundaries between Whitefish schools and
School District 5 as well as the proposed storage facility.
PUBLIC COMMENT
Ben Rankin — 431 1st Ave W — WGM Group — advised existing Geotech report from
2006 is being updated and the existing TIS is being reviewed. Offered to answer any
questions.
MOTION — KPUD-23-02
Burke moved and Borgardt seconded that the Kalispell City Planning Board and
Zoning Commission adopt staff report #KPUD-23-02 as findings of fact and
recommend to the Kalispell City Council that the PUD be approved subject to the
conditions listed on the staff report.
BOARD DISCUSSION
Burke mentioned it might be nice to see the storage units dispersed throughout as
opposed to being located all in one area.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPP-23-08
Young moved and Burke seconded that the Kalispell City Planning Board and
Zoning Commission adopt staff report #KPP-23-08 as findings of fact and
recommend to the Kalispell City Council that the preliminary plat be approved
subject to the conditions listed on the staff report.
BOARD DISCUSSION
None
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER SEATED
Rory Young recused himself from KPP-23-10; he is a representative for the
applicant.
KPP-23-10 — KNTC PHASE 6&7
A request from Stillwater Corporation for major preliminary plat approval for
Kalispell North Town Center Phases 6 and 7, a 23-lot commercial subdivision located
in a B-2 (General Business) zone within the Kalispell North Town Center Planned
Unit Development overlay (previously known as The Glacier Town Center PUD).
Overall, Kalispell North Town Center is 485.5 acres and includes four zoning
designations of R 3 (single-family residential), R-4 (two-family residential), B-1
(neighborhood business), and B-2 (general business). These phases contains 72.6
acres in lots, roads and common area.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed amended Staff
Report # KPP-23-08.
Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt amended staff report #KPP-23-10 as findings of fact and recommend to the
Kalispell City Council preliminary plat be approved subject to the conditions listed
on the amended staff report.
BOARD DISCUSSION
The board discussed shared access.
Kalispell City Planning Board
Minutes of the meeting of October 10, 2023
Page12
PUBLIC COMMENT
Toby McIntosh — 2250 Hwy 93 South — Jackola — representative for applicant offered
to answer any questions.
MOTION — KPP-23-10
Burke moved and Borgardt seconded that the Kalispell City Planning Board and
Zoning Commission adopt amended staff report AKPP-23-10 as findings of fact and
recommend to the Kalispell City Council that the preliminary plat be approved
subject to the conditions listed on the amended staff report.
BOARD DISCUSSION
The board discussed traffic, futures signal lights and new TIS requirements.
ROLL CALL
Motion passed unanimously on a roll call vote.
OLD BUSINESS
Sorensen updated the board on the October 10, 2023 agenda items.
NEW BUSINESS
Sorensen updated the board on the upcoming November 14, 2023 Planning Board
Meeting.
ADJOURNMENT
The meeting adjourned at approximately 6:42 PM.
Chad Graham
President
APPROVED as submitted/amended:
Kan* Barnhart
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of October 10, 2023
Page13
KALISPELL NORTH TOWN CENTER PHASES 6 & 7 (AMENDED)
MAJOR SUBDIVISION - STAFF REPORT #KPP-23-10
KALISPELL PLANNING DEPARTMENT
OCTOBER 10, 2023
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request
from Stillwater Corporation for major preliminary plat approval on approximately 72.6 acres. A
public hearing has been scheduled before the Planning Board for October 10, 2023, 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
Stillwater Corporation has submitted a request for major preliminary plat approval for Kalispell
North Town Center Phases 6 and 7, a 23-lot commercial subdivision located in a B-2 (General
Business) zone within the Kalispell North Town Center Planned Unit Development ("PUD")
overlay (previously known as The Glacier Town Center PUD). Overall, Kalispell North Town
Center is 485.5 acres and includes four zoning designations of R-3 (single-family residential), R-
4 (two-family residential), B-1 (neighborhood business), and B-2 (general business). These
phases contain 72.6 acres in lots, roads and common area. The property is generally located on
the east side of Highway 93 North between Glacier Memorial Gardens and Lincoln Street.
A: Applicant: Stillwater Corporation
PO Box 7338
Kalispell, MT 59904
B: Location: The property can be legally described as a tract of land located in the northwest
1/4 of Section 30, Township 29 North, Range 21 West, P.M., M., City of Kalispell, Flathead
County, Montana and being more particularly described as follows: Commencing at the
center quarter corner of said Section 30; Thence N89°41'00"W, on and along the south line
of the northwest 1/4, a distance of 221.70 feet to the true point of beginning; Thence
N89°41'00"W and continuing on said south line of the northwest 1/4, a distance of 777.07
feet to the east boundary of Utility Lot 1 of Kalispell North Town Center - Phase 1; Thence
along the east, north and west boundaries of said Utility Lot 1 the following three (3)
courses: N00°23'20"W, 35.70 feet; S89°36'53"W, 333.65 feet; S00°23'23"E, 31.61 feet to
the south line of the Northwest 1/4 of Section 30; Thence N89°42'30"W on and along said
south line, a distance of 1254.30 feet to the easterly boundary of U.S. Highway No. 93;
Thence on and along said easterly boundary the following six (6) courses: N04°45'27"E,
189.07 feet; N00° 11'21 "E, 340.08 feet; N04°34'03"W, 60.20 feet; N00° 11'21 "E, 40.00 feet;
N13°35'55"W, 41.31 feet; W00°11'21"E, 646.20 feet to the south boundary of Lincoln
Street; Thence on and along said south boundary the following three (3) courses:
S89°45'09"E, 40.29 feet; N83°19'05"E, 65.80 feet; S89°59'52"E, a distance of 1763.37 feet
to the southeast corner of Kalispell North Town Center -Phase 2; Thence S89°59'52"E, a
distance of 582.07 feet; thence S00°00'08"W, a distance of 480.70 feet; Thence
N89°59'52"W, a distance of 90.58 feet; Thence S00°00'08"W, a distance of 854.07 feet to
the Point of Beginning.
C: Existing Land Use and Zoning: The subject property is currently vacant. The current
zoning for the property is city B-2 (General Business) with a Planned Unit Development
overlay. The B-2 zone is "a district which provides for a variety of sales and service
establishments to serve both the residents of the area and the traveling public. This
district depends on the proximity to major streets and arterials and should be located in
business corridors or in islands. This zoning district would typically be found in areas
designated as commercial and urban mixed use on the Kalispell Growth Policy Future
Land Use Map."
UALISPELL
Kalispell NDrth TDivn Center - Vnaser. 6 7
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D. Size: The subject property is
approximately 72.6 acres.
E: Adjacent Zoning:
North: City B-2/PUD
East: City B-2/PUD
South: County SAG-10;
City B-2/PUD
West: County SAG-5
F: Adjacent Land Uses:
North: Commercial
East: Vacant
South: Cemetery; Vacant
West: Church; Residential; Vacant
2
G: General Land Use Character: The area can be largely described as rural but in transition.
The subject property was annexed into the city prior to the recession with the plan of developing the
property into a mixed development consisting of commercial development, multi -family,
townhouses, open space and single-family residential. The development will be of urban scale and
be an extension of the already developed city.
Kalispell Growth Policy
KALISPELL
Kalispell
North Town Center - Phases 6 & 7
■
H: Relation to the Growth Policy:
The Kalispell Growth Policy Future Land
Use Map designates the subject property as
Urban Mixed Use. The property is already
appropriately zoned for the proposed use
and is in conformance with the Growth
Policy. City services including sewer, water
and streets are in the vicinity and available
to the sub
L• Availability of Public Services and Extension of Services: Water and sewer service are
available to the property, although some extensions will be necessary that would be
completed by the developer. Road infrastructure is in place along the northern and western
boundaries and roads will be extended through the subdivision.
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell service available
Electricity:
Flathead Electric Cooperative
Gas:
NorthWestern Energy
Telephone:
CenturyTel
Schools:
School District #5 Edgerton Elementary/Glacier High School
Fire:
City of Kalispell
Police:
City of Kalispell
3
SUTMCT
PROPERTY
REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT
KALISPELL NORTH TOWN CENTER - PHASE 6 & 7
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The preliminary plat contains 23 commercial lots on approximately 72.6 acres in lots, streets and
common area. The preliminary plat represents additional phases within the context of the overall
PUD approved for the area.
A. Effects on Health and Safety:
Fire: The property would be considered to be at low risk of fire because any building
constructed within the subdivision would be built 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 will be required to be placed in compliance
with the requirements of the fire code and approved by the Fire Chief. Fire Station 62 is
located approximately one mile away providing good response time.
Access: Access to the subdivision will be provided by Highway 93 North, a four -lane
highway. Two existing access roads (Rose Crossing and Lincoln Street) provide access
into the overall subdivision off of Highway 93 North. Lincoln Steet forms the northern
boundary of these phases. It has been constructed and its intersection with Highway 93
North has a 3/4 movement. Rose Crossing has also been constructed and runs through the
northern portion of the PUD connecting with Whitefish Stage Road to the east and a fully
lighted intersection at the intersection of Highway 93 to the west. The new phases will
add a third access to the highway with a new lighted intersection just to the north of
Glacier Memorial Gardens.
Geology: The overall site is generally flat without any major topographical or geological
features limiting development. There are no areas of shallow bedrock within the
proposed development. There are no areas with rock falls, slides or slumps, or rock
outcroppings. Best management practices, such as appropriate grading and vegetation
establishment will preclude erosion problems and standard good operating procedures
during construction will inhibit any nuisance dust problems.
Alpine Geotechnical prepared a Geotechnical report dated September 15, 2023, which
was submitted by the applicant. The report noted that groundwater was encountered at
10.5 feet -16.5 feet below the surface. The report stated that "based on the information
obtained from (the) subsurface, the site can be properly developed for the proposed
project with implementation of the recommendations contained" in the report. Those
recommendations should be followed during the course of construction, and generally
include steps related to excavation of areas with loose, silty sand areas, as well as paving
considerations, among other items.
Flooding: Flood Insurance Rate Map panel numbers 30029C1415J and 30029C1805J
(effective date November 4, 2015) show the entire subdivision to be outside of the 100-
year floodplain.
Highway Noise Mitigation: Under Section 28.3.09 of the subdivision regulations, where
a subdivision in an "R" or "RA" zone abuts a major arterial such as the bypass, noise
mitigation must be incorporated to reduce the noise impacts to 60 decibels at the lot line.
5
Since this is a commercial area zoned B-2, noise mitigation does not apply. However, it
should be noted that the subdivision includes a 100-foot highway buffer which helps
mitigate highway noise.
B. Effects on Wildlife and Wildlife Habitat:
There are no water features which would provide any 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 which shows that the property does not provide
important wildlife habitat. It also includes information 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:
Surface and groundwater: The subdivision will be served by public water and sewer
thereby minimizing any potential impacts to groundwater. The only natural surface water
with this project is the Stillwater River which is located over 900 feet from the proposed
subdivision to the south. The Geotech report noted groundwater at 10.5-16.5 feet below
the surface.
Drainage: Storm water runoff from the site shall be managed and constructed per the
City of Kalispell Standards for Design and Construction and storm water management
program. Final design will be approved by the Kalispell Public Works Department prior
to development. The storm water ponds will be required to be on utility lots, and access
for maintenance of the ponds needs to be provided in accordance with city standards. It
should be noted that storm easements may not straddle property lines (i.e. common line
between Lots 16 and 17). Any open storm water facilities should have an elevated
aesthetic design to be reviewed and approved by both the Public Works and Parks
Departments.
A condition of approval requires that a property owners' association be created for the
maintenance of the common area which would include the common area drainage
easements. In order to help ensure the continued maintenance of the storm water
facilities, 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 assessments levied within the maintenance district shall be determined by
the Public Works Department with approvals by the Kalispell City Council.
Lastly, the developer is required to submit to the Kalispell Public Works Department an
erosion/sediment control plan for review and approval. 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 to the subdivision will be provided by the City of Kalispell. The developer
will tie into existing mains in the Highway 93 North and Lincoln Street rights -of -way and
extend the mains through the subdivision. The water system for the subdivision will be
reviewed and approved by the Kalispell Public Works Department as part of the
development of the subdivision under the Standards for Design and Construction. Public
Works commented that, as part of the design review, (a) the new east -west roadway may
be required to have a 12-inch main extension per the water facility plan; and (b) if a main
extension is required to serve Lots 1 through 4, the main may be required to be looped
through Lot 5. There is adequate capacity within the city's water system to accommodate
this subdivision. Any water rights associated with the property would need to be
dedicated to the City of Kalispell per Section 28.3.08 of the subdivision regulations.
There is a latecomer's fee associated with the existing main in the highway.
Sewer: Sewer to the subdivision will be provided by the City of Kalispell. There is an
existing main within the Highway 93 North right-of-way. The developer will need to
extend mains through the subdivision and tie into that gravity main. The gravity main
flows to a lift station to the south. The developer will need to perform an analysis of the
downstream lift station and perform any required upgrades. The sewer system for the
subdivision will be reviewed and approved by the Kalispell Public Works Department as
part of the development of the subdivision under the Standards for Design and
Construction. There is adequate capacity within the city's sewer system to accommodate
this subdivision with the connection. There is a latecomer's fee associated with the
existing main.
Access and Roads: As discussed under the "Access" section of this document, Highway
93 North will provide access to the subdivision in coordination with an internal road
system. All of the roads are to be designed and constructed in accordance with the City
of Kalispell Standards for Design and Construction. Both Jefferson Boulevard and the
new east -west road shall be built to major collector standards and Cascade Loop as a
local street. The submitted plans for the intersection of Jefferson and the new road shows
a roundabout. It appears that a roundabout or a traffic signal may be necessary and may
be allowed subject to Public Works review and approval. Provisions of the design should
accommodate road maintenance services and pedestrian safety. Additionally, non-
standard road sections (such as the median in the new road) will be reviewed as part of
the civil design review.
Under the Standards for Design and construction, major collectors have limited
individual accesses. Since Jefferson, Lincoln, and the new road are classified as major
collectors, lots fronting on those streets should have shared access points where possible.
Lots 1-7 should only access off of Cascade Loop (Lot 5 may be able to have a limited
access on the new road subject to review as a deviation under the Standards for Design
and Construction), Lots 9-11 should only access from the access easement along the
northern portion of those lots, and Lots 12-17 should have shared approaches as shown
on the proposed plat. Lot 18 should make provisions for a shared access on the southern
7
portion of the property with the future lot in the adjacent future phase. Lots 19-23 should
provide shared accesses as well. Lot 8 is large enough for a potential access on Lincoln
depending upon the site design. A note should be placed on the plat indicating the
limited or shared access for those lots.
A Traffic Impact Study ("TIS") is required for the development and a TIS has been
submitted for Phases 4 through 9 of the overall development, which includes both of
these phases. Third party review of the TIS is pending. Under city standards, the
developer shall maintain or improve the level of service at any impacted intersections. A
condition of approval should require any mitigation that would be necessary to meet that
standard identified in the TIS after acceptance of the TIS findings by the third parry
review and the Public Works Department.
Schools: This development is within the boundaries of Kalispell School District No. 5
(Edgerton Elementary/Glacier High School). The commercial lots will not have an
impact on the school district in terms of students, but will add to the tax base. 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 subdivision review, fire protection, including fire flow and hydrant
location, will be reviewed. Fire station 62 is located approximately one mile away
providing good response time.
Parks and Recreation: As a commercial subdivision, no specific park dedication is
required under the subdivision regulations for these particular phases. However, there is
open space proposed as part of this phase in addition to the open space that was already
platted with prior phases of the subdivision. The open space as part of these phases
includes the 100-foot-wide open space buffer area located along U.S. Hwy 93. Overall,
the PUD requires that a minimum of 72.3 acres of open space and parkland will be
provided within the development.
It is imperative that all of these areas be well maintained for the visual aspects of the
project and the functionality of the parks, open space, and storm drainage areas. The
proposal includes covenants and a management plan providing for maintenance of the
shared facilities. However, staff recommends that, in addition, a note should 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
R
E.
F.
G.
within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council.
Solid Waste: Solid waste is currently private, but City of Kalispell service is available.
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 2.2 miles from
the site.
Effects on Agriculture and agricultural water user facilities:
The proposed subdivision site was previously used for agricultural purposes. According
to the Kalispell Growth Policy Resources and Analysis Section, "Important Farmlands"
map, the property may include prime farmland if irrigated, although development of the
surrounding area may have somewhat diminished the value of the land for agricultural
purposes.
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.
The subject property is entirely within the annexation policy boundary and was
previously annexed. By allowing higher density development within the city's growth
policy area, it can reasonably be expected that more farmlands could be conserved
because of the availability of residential and commercial lots within the Kalispell Growth
Policy boundary, thereby limiting sprawl/leapfrog development.
Relation to the Kalispell Growth Policy:
The Kalispell Growth Policy Future Land Use Map designates this area as Urban Mixed
Use, which anticipates a mix of commercial, single-family and multi -family residential
development. The subdivision is proposing 23 commercial lots. The property is already
appropriately zoned for the proposed use and is in conformance with the Growth Policy.
City services including sewer, water and streets are in the vicinity and available to the
subject property.
Compliance with Zoning:
In 2008 the city council approved the Glacier Town Center PUD which provided a master
plan for a 485.5-acre site. The subject subdivision is a 72.6-acre portion of the master
plan. The area to be subdivided has an underlying zone of B-2 along with the PUD
overlay, with which the proposed subdivision complies. In addition, as the properties
9
develop, additional standards will be applied in regard to open space, landscaping,
architecture, signage, etc. as outlined in Ordinance No. 1630 establishing the PUD.
H. Compliance with the Kalispell Subdivision Regulations:
This request complies with the provisions of the Kalispell Subdivision Regulations.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff
report #KPP-23-10 as findings of fact and recommend to the Kalispell City Council that the
preliminary plat for Kalispell North Town Center Phases 6 and 7 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.
2. All applicable conditions within Ordinance 1630 (Kalispell North Town Center PUD) shall
apply.
3. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
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 may include but not be limited to water/sewer mains, streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks.
5. 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, or a proper bond is in place for said improvements.
6. Storm water easements shall not straddle property lines.
7. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant feature shall not
be allowed without mitigation. The developer shall work closely with the Parks Department and
Public Works to develop a design that is both visually appealing and meets the required safety
guidelines. The storm water ponds will be required to be on utility lots, and access for maintenance
of the ponds shall be provided in accordance with city standards.
10
8. 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. 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.
10. Any 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, or that the improvements have been
appropriately bonded for.
11. The developer shall perform an analysis of the downstream sanitary sewer lift station and
perform any required upgrades.
12. The developer shall submit the street designs for any required improvements to the
Kalispell Public Works Department for review and approval prior to construction. Street designs
shall meet the city standards for design and construction, including, but not limited to, sidewalks,
landscape boulevard, streetlights, and curb/gutter. Jefferson Boulevard and the new east -west
street shall be constructed to major collector standards, and Cascade Loop to local street standards.
The roundabout and non-standard design elements shall be subject to the Public Works review and
approval.
13. Lots 1-7 shall only access off of Cascade Loop (Lot 5 may be able to have a limited access
on the new road subject to review as a deviation under the Standards for Design and Construction),
Lots 9-11 shall only access from the access easement along the northern portion of those lots, and
Lots 12-17 shall have shared approaches as shown on the proposed plat. Lot 18 shall make
provisions for a shared access on the southern portion of the property with the future lot in the
adjacent future phase. Lots 19-23 shall provide shared accesses as well. A note shall be placed on
the plat indicating the limited or shared access for those lots.
14. Under city standards, the developer shall maintain or improve the level of service at any
impacted intersections. The developer shall implement any mitigation necessary to meet that
standard identified in the TIS after acceptance of the TIS findings by the third party review and the
Public Works Department.
15. Prior to final plat, 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.
11
16. 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.
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 property owner's association shall be formed and established for the common areas prior
to final plat. The association should include provisions for the maintenance of all common areas
including the storm water ponds and open space areas.
20. A note shall be placed on the final plat stating that owners waive their right to protest a
Special Improvement District for maintenance of common areas. A district shall only be activated
in the event that the homeowner's association defaults on their common area maintenance
obligations. The taxes levied within the special improvement district shall be determined by the
appropriate city department with approvals by the Kalispell City Council.
21. 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 common area and the
landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be
implemented or bonded for.
22. 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 assessments
levied within the maintenance district shall be determined by the Parks and Recreation 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 stormwater maintenance district. This district shall only be activated in the event that the property
12
owner(s) default on the maintenance of the approved stormwater facilities. The assessments levied
within the maintenance district shall be determined by the Public Works Department with
approvals by the Kalispell City Council.
24. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note
stating that "The owners hereby waive the right to protest the creation of an SID for the purpose of
financing improvements to area roads which specifically benefit this subdivision."
25. All utilities shall be installed underground and in locations that are approved by the
Kalispell Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
26. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
27. 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.
28. Any water rights associated with the property shall be dedicated to the City of Kalispell per
Section 28.3.08 of the subdivision regulations.
29. Recommendations contained in the submitted Geotechnical report shall be followed.
13
STILLWATER CORPORATION
KALISPELL NORTH TOWN CENTER
PHASE 6 & 7 PRELIMINARY PLAT APPLICATION
Kalispell, Montana
Prepared By:
♦�
PC% tc b
cuIV, Survei�rg'
Jackola Engineering & Architecture
2250 Hwy 93 South
Kalispell, MT 59903
Project No. 190906
Contact: Toby McIntosh, PE
406-755-3208
Date
September 5t", 2023
TABLE OF CONTENTS
Project Summary
City of Kalispell Major Subdivision Preliminary Plat Application
KNTC Phase 6 & 7 Legal Description
Warranty Deed
KNTC CC&Rs
MDT Correspondence
KNTC Phase 6 & 7 Vicinity Maps
KNTC Phase 6 & 7 Preliminary Plat Drawings
KNTC Phase 6 & 7 Preliminary Plat Application
PROJECT SUMMARY
Kalispell North Town Center (KNTC) is a Planned Unit Development located on the
east side of US Highway 93, on the north and south sides of Rose Crossing. Phases 6
and 7 of the subdivision propose to develop 72.6 Acres on the south side of Lincoln
Street into 23 commercial lots, roads, and 2 common areas along Hwy 93. The project
is located within the B-2/PUD zone in the commercial overlay of the KNTC Planned
Unit Development. Phase 6 would include Lots 1-5, 12-15, and Common Area Lots 1
and 2. Phase 7 would include Lots 6-11 and 16-23. The project is being phased to
allow for staggering the full infrastructure cost. Phase 6 is targeting a 2024
construction timeline. Phase 7 would be slated for a 2025 construction timeline, but
may be impacted by overall project interest.
STREETS
The project includes extending Cascade Loop and Jefferson Boulevard along with
constructing a new east west street from Highway 93 to Jefferson Boulevard. The
proposed new street and Jefferson Boulevard extension propose to utilize a street
section that is a cross between the City of Kalispell's minor arterial and major
collector classifications as shown in the attached exhibit. The new connection to Hwy
93 was contemplated in the original PUD and was intended to be a signalized
intersection once MDT warrants are satisfied. The location of the new approach was
coordinated with both the City and MDT. The attached correspondence with MDT
shows that MDT is an agreement with the location shown on the preliminary plat.
The intersection of Jefferson and the new E-W street connection to Hwy 93 is
proposed as a round -about. The specific design will be coordinated with the City as
part of the design phase.
UTILITIES
Sewer and water mains will be extended within the new Right -of -Way (ROW) from
existing utilities in Highway 93 and Lincoln Street. The original stormwater system
design accounted for flow control and water quality treatment for the project area.
Stormwater mains and inlets will be placed in the ROW to convey runoff to the
existing pond. There is an existing swale that bisects lots in Phase 7 that connects
the previous KNTC phases to the storm pond. New storm mains will be routed
through the new streets connecting the previous phase to the existing storm pond.
This will allow for the swale to be filled as part of the infrastructure.
CONCULSION
Phases 6 and 7 of the Kalispell North Town Center subdivision is located within the
existing PUD boundary and generally aligns with the original PUD approval.
Therefore, the original environmental assessment for the subdivision included the
project area and a new assessment is not included in this submittal. The original TIS
KNTC Phase 6 & 7 Preliminary Plat Application
for the PUD is included by reference. An update to the TIS using current traffic data
is included. A property owners association and common area management plan was
created as part of the initial subdivision phase and the existing CCR's are included for
reference. Upon recording of final plat, phases 6 and 7 will become part of the
existing POA and subject to existing CC&Rs.
KNTC Phase 6 & 7 Preliminary Plat Application
Development Services
Department
ci'rx o p
201 1st Avenue East
KALISPELL Kalispell, MT 59901
Phone (406) 758-794-7940
MAJOR SUBDIVISION PRELIMINARY PLAT
Email: planningPakalispell.com Website: www.kalisi)ell.com
Project Name Property Address
Kalispell North Town Center, Phase 6 & 2725 & 2775 Hwy 93 North & NHN Lincoln Street
NAME OF APPLICANT
Stillwater Corporation
Applicant Phone
406.212.0030
Applicant Address
PO Box 7338
City, State, Zip
Kalispell, MT 59904
Applicant Email Address
jeff@lhcmt.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 as applicant
Owner Phone
Owner Address
City, State, Zip
Owner Email Address
CONSULTANT (ARCHITECTIENGINEER)
Jackola Engineering & Architecture
Phone
406.755.3208
Address
2250 Hwy 93 South
City, State, Zip
Kalispell, MT 59901
Email Address
1 mc1 ntosh@jackola.com
POINT OF CONTACT FOR REVIEW COMMENTS
Toby McIntosh, PE
Phone
406.755.3208
Address
2250 Hwy 93 South
City, State, Zip
Kalispell, MT 59901
Email Address
tmcintosh@jackola.com
List ALL owners (any individual or other entity with an ownership interest in the property):
Stillwater Corporation, Inc
Stillwater Corporation, Inc
Stillwater Corporation, Inc
Legal Description (please attach a full legal description for the property and a copy of the most recent deed).
Before the application will be deemed to be accepted for review, our office must receive an approval of the legal
description from the Flathead County Plat Room. Please submit the legal description to their office
(plat@flathead.mt.gov).
CI FY OI
]KAILISPEILIL
GENERAL DESCRIPTION OF SUBDIVISION:
Number of lots or rental spaces 25 (incl. open space)
Total Acreage in lots.6e-,45+ (.O q -7 St.Total Acreage in streets or roads 6AFS � —( 10
Total acreage in parks, open spaces and/or
common spaces g-886-- -2. $-7
PROPOSED USES) AND NUMBER OF ASSOCIATED LOTSISPACES:
Total Acreage in subdivision 7&..R' . -7 Z
Minimum size of lots or spaces f).492O
1
Maximum size of lots or spaces 676
Single Family Townhouse Mobile home1RV Park
Commercialllndustrial x Multi -family Other
APPLICABLE ZONING DESIGNATION & DISTRICT:
ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS:
PROPOSED EROSIONISEDIMENT CONTROL: NIA
8-21PUD
$55,500 ' xx acres
Development Services
Department
2011st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
ARE ANY SUBDIVISION VARIANCES REQUESTED? NIA (YESINO) If yes please complete a separate subdivision variance application
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@kalispall.com (Please note the maximum file
size to email is 20MB)
6. A bona tide legal description of the subject property and a map showing the location and boundaries of the property
*Note - verify with the Flathead County Plat Room that the legal
description submitted is accurate and recordable. They can be reached
at (406) 758-5510.
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
Major Subdivision Resubmittal
for each original lot unchanged add
for each lot re-designedladded add
Mobile Home Parks & Campgrounds
6 more more spaces
5 or fewer spaces
Amended Preliminary Plat
amendment to conditions only
re-confgured proposed lots
add additional lots or sublots
$2,000 + $250 per later 2 f d
$2,000
add $20 per lot
add $250 per lot
$2,000 + $500 per space
$800 + $250 per space
$800 base fee
base fee + $80 per lot
base fee + $250 per lot
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, 1 understand that
any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the
Kalispell Cityfstaff to be present on tttd property for routine monitoring and inspection during the approval and development process.
Z3
Signature
Date
A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 30, T. 29 N., R. 21 W., P.M., M., CITY OF
KALISPELL, FLATHEAD COUNTY, MONTANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 30; THENCE N89°41'00"W, ON AND
ALONG THE SOUTH LINE OF THE NORTHWEST 1/4, A DISTANCE OF 221.70 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE N89041'00"W AND CONTINUING ON SAID SOUTH LINE OF THE NORTHWEST 1/4, A DISTANCE OF
777.07 FEET TO THE EAST BOUNDARY OF UTILITY LOT 1 OF KALISPELL NORTH TOWN CENTER -PHASE 1;
THENCE ALONG THE EAST, NORTH AND WEST BOUNDARIES OF SAID UTILITY LOT 1 THE FOLLOWING
THREE (3) COURSES: N00023'20"W, 35.70 FEET; S89036'53"W, 333.65 FEET; S00023'23"E, 31.61 FEET TO
THE SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 30; THENCE N89042'30"W ON AND ALONG SAID
SOUTH LINE, A DISTANCE OF 1254.30 FEET TO THE EASTERLY BOUNDARY OF U.S. HIGHWAY No. 35;
THENCE ON AND ALONG SAID EASTERLY BOUNDARY THE FOLLOWING SIX (6) COURSES: N04045'27"E,
189.07 FEET, N00011'21"E, 340.08 FEET; N04034'03"W, 60.20 FEET; N00011'21"E, 40.00 FEET;
N13035'55"W, 41.31 FEET; N00011'21"E, 646.20 FEET TO THE SOUTH BOUNDARY OF LINCOLN STREET,
THENCE ON AND ALONG SAID SOUTH BOUNDARY THE FOLLOWING THREE (3) COURSES: S89045'09"E,
40.28 FEET; N83019'05"E, 65.80 FEET; S89059'52"E, A DISTANCE OF 1763.37 FEET TO THE SOUTHEAST
CORNER OF KALISPELL NORTH TOWN CENTER -PHASE 2; THENCE S89059'52"E, A DISTANCE OF 582.07
FEET; THENCE S00°00'08"W, A DISTANCE OF 480.70 FEET; THENCE N89059'52"W, A DISTANCE OF 90.58
FEET; THENCE S00°00'08"W, A DISTANCE OF 854.07 FEET TO THE POINT OF BEGINNING.
Return to:
James C. Bartlett
P.O. Box 2819 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII page: I of 47
Kalispell, MT 59903-2819 Fees. ;98.00
Paula Robinson, Flathead County MT by DD
1/6J2012 11:02 AM
Taxes to: Stillwater Corporation
155 7th Avenue WN
P.O. Box 7338
Kalispell, MT 59904
Ca- 5Z6Y7
WARRANTY DEED
�l For Value Received SCORE MANAGEMENT LLC, a Montana Limited
Liability Company of Kalispell, Montana, the GRANTOR, does hereby grant,
bargain, sell, convey, warrant and confirm unto S T I L L W A T E R
CORPORATION, a Montana Corporation of 155 7th Avenue WN, P.O. Box
7338, Kalispell, MT 59904, the GRANTEE, forever, the real estate located in
Flathead County, Montana, the full legal description of which is:
The parcels as described on Exhibit A and subject to and together with
declarations, easements, covenants, and restrictions, and instruments of
record as shown on Exhibit B and to the terms and provisions of First
Right of Refusal to Match Offer to Purchase or to Land Lease, recorded
December 23, 20011 as Document #201100026800, records of
,o Flathead County, Montana, which document affects Tracts 4, 5, 6, 7 and
a� 11.
0
CL TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee
and its successors and assigns forever.
And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner
in fee simple of said premises; that they are free from all incumbrances except as recited above, and
that it will WARRANT DE the same from all lawful claims whatsoever.
Dated d� day of December, 2011.
SCOT
0
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STATE OF MONTANA )
ss
County of Flathead )
Thi instrument was acknowledged before me on the
Aday of December, 2011, by William D. Tanner, Manager for SCORE
MANAGEMENT, LLC.
Rolm PU"AWv*
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EXHIBIT A
Tract 1
A tract of land located in the Southeast Quarter (SE%4) of Section 19, Township 29 North, Range
21 West, P.M.M., Flathead County, Montana, and more particularly described as follows:
Commencing at the Southeast section corner of said Section 19, and which point is the True
Point of Beginning; thence
North 89°55'21" West, on and along the South boundary of said Southeast Quarter, a distance of
2651.00 feet to a point, which indicates the South Quarter corner of said Section 19; thence
North 00°48'09" West, on and along the West boundary of said Southeast Quarter, a distance of
1328.10 feet to a point, thence
North 89°52'39" East, on and along the South boundary of that tract of land indicated on
Certificate of Survey No. 3813, records of Flathead County, a distance of 1377.04 feet to the
Southwest corner of Tract 1 of Certificate of Survey No. 8846, records of Flathead County,
thence
South, a distance of 34.23 feet to a point; thence
North 89°52"39" East, a distance of 1272.87 feet to a point which point lies on the East
boundary of said Southeast Quarter of Section 19; thence
South 00°51'59" East, on and along said East boundary of the Southeast Quarter, a distance of
1303.14 feet to the True Point of Beginning.
Shown as Tract 2 of Certificate of Survey No. 8886.
'Tract 2:
The North Half of the Southeast Quarter of the Southwest Quarter (NYzSE'/4SW'/4) of Section 19,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.
Shown as Tract 9 of Certificate of Survey No. 4491.
Tract 3:
The South Half of the Southeast Quarter of the Southwest Quarter (S%zSE'/4SW'/4) of Section 19,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.
Shown as Tract 10 of Certificate No. 4491.
Tract 4•
A tract of land in Government Lot 1, Section 30, Township 29 North, Range 21 West, M.P.M.,
Flathead County, Montana, described as follows:
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Commencing at the Northwest Quarter of said Section 30; thence
South 89°55'21" East along the North boundary of said Government Lot 1, a distance of 61.20
feet to a point, which point lies on the East boundary line of U.S. Highway 93 and also being the
true point of beginning; thence
South 0°03'51" West and along the East boundary of said highway right-of-way a distance of
1,306.86 feet to a point on the South boundary line of said Government Lot 1; thence
South 89°55'21" East and along the South boundary line of said Government Lot 1, a distance of
821.04 feet to a point; thence
North 1 °24'33" West a distance of 1,307.26 feet to a point of the North boundary line of said
Government Lot 1; thence
North 89°55'21" West and along the North boundary line of said Government Lot 1 a distance of
784.43 feet to the True Point of Beginning.
Shown as Survey Plat recorded April 5, 1973 in Book 550, page 579, records of Flathead
County, Montana.
EXCEPTING THEREFROM that portion deeded to the State of Montana for highway purposes
by instrument recorded November 16, 1995 as Document #9532008580, records of Flathead
County, Montana.
Tract 5•
The Northwest Quarter (NW'/4) of Section 30, Township 29 North, Range 21 West, M.P.M..
Flathead County, Montana.
EXCEPTING THEREFROM:
A tract of land situated, lying and being in Government Lot 2, Section 30, Township 29 North,
Range 21 West, M.P.M., Flathead County, Montana, and more particularly described as follows:
Commencing at the West Quarter corner of Section 30, Township 29 North, Range 21 West,
M.P.M., Flathead County, Montana; thence
South 89°30'00" East along the South boundary of said Government Lot 2 of said Section 30, a
distance of 75.50 feet to a point of the Easterly right-of-way line of U.S. Highway No. 93; thence
North 00'22' 18" East along said right-of-way line a distance of 600.74 feet to a point which is
the true point of beginning of the tract of land herein described; thence
North 00'22' 18" East continuing along said right-of-way line a distance of 660.00 feet to a
point; thence
South 88°17'06" East leaving said right-of-way line a distance of 330.09 feet to a point; thence
South 00022' 18" West a distance of 660.00 feet to a point; thence
North 88°17'06" West a distance of 330.09 feet to the Place of Beginning.
ALSO EXCEPTING THEREFROM:
A tract of land situated, lying and being in Government Lot 2, Section 30, Township 29 North,
Range 21 West, M.P.M., Flathead County, Montana, and more particularly described as follows:
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Commencing at the West Quarter corner of Section 30, Township 29 North, Range 21 West,
M.P.M., Flathead County, Montana; thence
South 89°30'00" East along the South boundary of Government Lot 2 of said Section 30, a
distance of 75.50 feet to a point of the Easterly right-of-way line of U.S. Highway No. 93, which
is also the true point of beginning of the tract of land herein described; thence
North 00022' 18" East along said right-of-way line a distance of 600.74 feet to a point; thence
South 88017'06" East leaving said right-of-way line a distance of 330.09 feet to a point; thence
South 00122' 18" West a distance of 593.74 feet to a point on the South boundary of said
Government Lot 2; thence
North 89°30'00" West along said South boundary a distance of 330.00 feet to the Place of
Beginning.
ALSO EXCEPTING THEREFROM:
A tract of land in Government Lot 1, Section 30, Township 29 North, Range 21 West, M.P.M.,
Flathead County, Montana, described as follows:
Commencing at the Northwest Quarter of said Section 30; thence
South 89°55'21" East along the North boundary of said Government Lot 1, a distance of 61.20
feet to a point, which point lies on the East boundary line of U.S. Highway 93 and also being the
True Point of Beginning; thence
South 0°03'51" West and along the East boundary of said highway right-of-way a distance of
1,306.66 feet to a point on the South boundary line of said Government Lot 1, thence
South 89°55'21'' East and along the South boundary line of said Government Lot 1, a distance of
821.04 feet to a point; thence
North 1 '24'33" West a distance of 1,307.26 feet to a point of the North boundary line of said
Government Lot 1; thence
North 89°55'21" West and along the North boundary line of said Government Lot 1 a distance of
782.43 feet to the True Point of Beginning.
Shown as Survey Plat recorded April 5, 1973 in Book 550, page 579, records of Flathead
County, Montana.
EXCEPTING THEREFROM that portion deeded to the State of Montana for highway purposes,
by instrument recorded November 16, 1995 as Document #9532008580, records of
Flathead County, Montana.
ALSO EXCEPTING THEREFROM:
A tract of land in the Northeast Quarter of the Northwest Quarter (NEY4NW'/a) of Section 30,
Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows:
Beginning at the Northeast comer of the Northwest Quarter (NW%4) of Section 30; thence
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South 00102'50" East and along the East boundary of said Northwest Quarter a distance of 25.00
feet to a point; thence
North 89029'51" West a distance of 25.00 feet to a point; thence
North 00002'50" West a distance of 25.00 feet to a point on the North boundary of the said
Northwest Quarter; thence
South 89°29'51" East and along the said North boundary a distance of 25.00 feet to the Place of
Beginning.
Shown as Certificate of Survey No. 7930.
ALSO EXCEPTING THEREFROM:
A tract of land, situated, lying, and being in the East Half of the Northeast Quarter of the
Northwest Quarter (EY2NE'/4NW'/a) and in the North Half of the Northeast Quarter (N/:NE'/a) of
Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more
particularly described as follows to wit:
Beginning at the Northwest corner of the North Half of the Northeast Quarter of Section 30,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, thence along the North
boundary of said N'/2NE%4
South 89°28' 14" East a distance of 1963.12 feet to a point; thence
South a distance of 1324.12 feet to a point on the South boundary of said N'hNE'/4; thence along
said South boundary
North 89°29'07" West a distance of 1962.02 feet to a point and the Southeast corner of the
E'/2NE'/4NW1/4; thence along said South boundary of said E%2NE'/4NW1/4
North 89°29'55" West a distance of 663.49 feet to a point and the Southwest corner thereof;
Thence along the West boundary of said E%2NE'/NW%4
North 00°12'04" East a distance of 1324.61 feet to a point and the Northwest comer thereof;
Thence along the North boundary of said E'/7.NE%NW'/4
South 89°29'51" East a distance of 632.75 feet to a point; thence
South 00°02'50" East a distance of 25.00 feet to a point; thence
South 89° 29'51" East a distance of 25.00 feet to a point on the East boundary of said
E'/2NE'/4NWI/4; thence along said East boundary
North 00°02'50" West a distance of 25.00 feet to the Point of Beginning.
Shown as Tract 1 of Certificate of Survey No. 14606.
ALSO EXCEPTING THEREFROM:
That portion deeded to the State of Montana for highway purposes, by instrument recorded
November 16, 1995 as Document #9532008590, records of Flathead County, Montana
ALSO EXCEPTING THEREFROM:
That portion deeded to the State of Montana for highway purposes, by instrument recorded
September 12, 1995 as Document 49525508080, records of Flathead County, Montana
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Tract 6:
A tract of land situated, lying and being in Government Lot 2, Section 30, Township 29 North,
Range 21 West, M.P.M., Flathead County, Montana, and more particularly described as follows:
Commencing at the West Quarter corner of Section 30, Township 29 North, Range 21 West,
M.P.M., Flathead County, Montana; thence
South 89°30'00" East along the South boundary of said Government Lot 2 of said Section 30, a
distance of 75.50 feet to a point of the Easterly right-of-way line of U.S. Highway No. 93; thence
North 00022' 18" East along said right-of-way line a distance of 600.74 feet to a point which is
the true point of beginning of the tract of land herein described; thence
North 00'22' 18" East continuing along said right-of-way line a distance of 660.00 feet to a
point; thence
South 88°17'06" East leaving said right-of-way line a distance of 330.09 feet to a point; thence
South 00'22' 18" West a distance of 660.00 feet to a point; thence
North 88°17'06" West a distance of 330.09 feet to the Place of Beginning.
Shown as Tract 1 of Certificate of Survey No. 6116.
EXCEPTING THEREFROM:
That portion deeded to the State of Montana for highway purposes, by instrument recorded
November 16, 1995 as Document #9532008590, records of Flathead County, Montana.
Tract 7:
A tract of land, situated, lying, and being in the East Half of the Northeast Quarter of the
Northwest Quarter (E%NE%4NW'/4) and in the North Half of the Northeast Quarter (N%2NE'/4) of
Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more
particularly described as follows:
Beginning at the Northwest corner of the North Half of the Northeast Quarter of Section 30,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; thence along the North
boundary of said N'/ZNE%,;
South 89°28' 14" East a distance of 1963.12 feet to a point; thence
South a distance of 1324.12 feet to a point on the South boundary of said N`/2NE'/4; thence along
said South boundary;
North 89°29'07" West a distance of 1962.02 feet to a point and the Southeast comer of the
E%NE'/4NW'/; thence along said South boundary of said E%NE%NW'/4
North 89029'55" West a distance of 663.49 feet to a point and the Southwest comer thereof;
thence along the West boundary of said E%NE'/4NW'/4
North 00°12'04" East a distance of 1324.61 feet to a point and the Northwest comer thereof,
thence along the West boundary of said E'/2NE'/4NWV4
South 89°29' S1" East a distance of 632.75 feet to a point; thence
South 00°02' S0" East a distance of 25.00 feet to a point; thence
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South 89°29'51" East a distance of 25.00 feet to a point on the East boundary of said
E%NE'/4NW%; thence along said East boundary
North 00102'50" West a distance of 25.00 feet to the Point of Beginning.
Shown as Tract 1 of Certificate of Survey No. 14606.
Tract 8•
A tract of land in the in the Northeast Quarter of the Northwest Quarter (NEW'/4NW'/4) of
Section 30, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, described
as follows:
Beginning at the Northeast corner of the Northwest Quarter (NW `/4) of Section 30: thence South
00°02'50" East and along the East boundary of said Northwest Quarter a distance of 25.00 feet
to a point; thence
North 89°29'51" West a distance of 25.00 feet to a point; thence
North 00°02'50" West a distance of 25.00 feet to a point on the North boundary of the said
Northwest Quarter; thence
South 89°29'51" East and along the said North boundary a distance of 25.00 feet to the place of
beginning.
Shown as Certificate of Survey No. 7930
Tract 9:
The South Half of the Northeast Quarter (S %2NE'/4) of Section 30, Township 29 North, Range 211
West, M.P.M., Flathead County, Montana
EXCEPTING THEREFROM:
A tract of land in the Northeast Quarter (NE'/4) of Section 30, Township 29 North, Range 21
West, M.P.M., Flathead County, Montana, being more particularly described as follows:
Beginning at the Southeast comer of the aforesaid Northeast Quarter; thence
North 89°55' West a distance of 30.00 feet to the Westerly right of way of the County Road and
the true point of beginning of the tract to be described; thence
North 89°55 West upon the Southerly boundary of the aforesaid Northeast Quarter a distance of
727.00 feet to a point; thence
North 0° 10' West and parallel to the Easterly boundary of the aforesaid Northeast Quarter a
distance of 1017.60 feet to a point; thence
North 88°56' East a distance of 727.10 feet to the Westerly Right of Way of the county road;
thence
South 0° 10' East upon the Westerly Right of Way of the county road a distance of 1030.52 feet,
more or less, to the point of beginning.
Tract 10•
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A tract of land, situated, lying, and being in Government Lot 4, in the East Half of the Southwest
Quarter (E'/zSW'/4) and in the West Half of the Southeast Quarter (W'/sSE'/a) of Section 30,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly
described as follows:
Beginning at the Northwest corner of the Northeast Quarter of the Southwest Quarter of Section
30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; thence South
89°28'42" East and along the North boundary of the South half of said Section 30 a distance of
1663.48 feet to a point; thence
South 00°02'29" East a distance of 2618.60 feet to a point on the Northerly right-of-way of West
Reserve Drive; thence
North 89°31'56" West and along said right-of-way a distance of 330.84 feet to a point on the
East boundary of said SW%; thence leaving said right-of-way
North 00'02' 16" West and along said East boundary a distance of 694.72 feet to a point; thence
North 89°32'05" West a distance of 1383.47 feet to the approximate thread of Stillwater River;
thence along said thread the following ten (10) courses:
North 51°30'46" West a distance of 36.49 feet;
North 75°00'38" West a distance of 65.45 feet;
South 50°54'56" West a distance of 291.30 feet;
South 75142'59" West a distance of 128.45 feet;
North 55°19'42" West a distance of 100.35 feet;
North 01 °20' l 9" East a distance of 92.74 feet;
North 48°33'35" East a distance of 191.54 feet;
North 15°01'45" East a distance of 122.29 feet;
North 1 1 °58'09" West a distance of 142.46 feet;
North 22°09'09" West a distance of 265.57 feet to the North boundary of Government Lot 4 of
said Section 30; thence leaving said thread
South 89°30'43" East and along said North boundary a distance of 530.58 feet to a point and the
Southwest comer of said NE'/4SW'/a; thence
North 00°10'27" West and along the West boundary of said NE'/4SW'/ a distance of 1325.33
feet to the Point of Beginning.
Shown as Tract 1 of Certificate of Survey No. 12458.
Tract 11•
Tract 2 of Certificate of Survey No. 6116, located and being in Government Lot 2, Section 30,
Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, and more particularly
described as follows:
EXCEPTING THEREFROM:
That portion deeded to the Sate of Montana for highway purposes, by instruments recorded
November 21, 1995 as Document #9532510230 and November 21, 1995 as Document
#9532510240, records of Flathead County, Montana.
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EXHIBIT B
1. Right of the Public to use, for recreational and navigational purposes,
any portion of said premises lying below or beyond the line of high-water of
Stillwater River, or lying below or beyond any government meander line,
together with the right to use portions of said premises lying above the high-
water line to portage around any barriers. (Tract 10)
2. Transmission Line easement granted to the United States of America, by
instrument recorded September 7, 1951, under Recorder's Fee #4878, in Book
320, Page 558, records of Flathead County, Montana, and as shown on final
ALTA/ACSM Land Title Survey, prepared by Smith Surveying & Consulting for
Wolford Development Montana, LLC, dated August 21, 2007. (Tract 10)
3. Easement for transmission line and related purposes granted Flathead
Electric Cooperative, Inc., by instrument recorded October 2, 1964, under
Recorder's Fee #8421, in Book 467, Page 119, records of Flathead County,
Montana. ('Tract 10)
4. Declaration of Conditions, Covenants, and Restrictions and any rights,
provisions, power, obligations, liens or charges as provided therein, but
omitting covenants or restrictions, if any, based upon race, color, religion, sex,
sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, 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, contained in instrument recorded April 5, 1973
under Recorder's Fee #3309, in Book 550, Page 579, records of Flathead
County, Montana, and any amendments thereto. (Tract 4)
5. Easement for transmission line and related purposes granted Pacific
Power & Light Company, by instrument recorded March 12, 1976, under
Recorder's Fee #2359, in Book 594, Page 284, records of Flathead County,
Montana, and as shown on final ALTA/ACSM Land Title Survey, prepared by
Smith Surveying & Consulting for Wolford Development Montana, LLC, dated
August 21, 2007. ('Tract 10)
6. Easement for transmission line and related purposes granted Flathead
Electric Cooperative, Inc., by instrument recorded June 30, 1983, under
Recorder's Fee #11812, in Book 775, Page 231, records of Flathead County,
Montana. (Tract 4)
7. A 40 foot easement for ingress, egress and utility purposes, and terms
and provisions contained therein, granted in instrument recorded January 21,
1985, under Document #8502110130, records of Flathead County, Montana,
and as shown on final ALTA/ACSM Land Title Survey, prepared by Smith
Surveying & Consulting for Wolford Development Montana, LLC, dated August
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8. Declaration of Conditions, Covenants, and Restrictions and any rights,
provisions, power, obligations, liens or charges as provided therein, but
omitting covenants or restrictions, if any, based upon race, color, religion, sex,
sexual orientation, familial status, marital status, disability, handicap,
national origin, ancestry, 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, contained in instrument recorded January 21,
1985, under Document #8502110150, records of Flathead County, Montana,
and any amendments thereto. (Tracts 2, 3)
9. A 60 foot declared county road known as Whitefish Stage Road, along
the East boundary as shown on Certificate of Survey #8886, County Assessor's
map, and as shown on final ALTA/ACSM Land Title Survey, prepared by Smith
Surveying & Consulting for Wolford Development Montana, LLC, dated August
21, 2007. (Tracts 1, 9)
10. Easement for gas pipe line and related purposes granted Montana Power
Company, recorded September 27, 1988, under Document #8827114130,
records of Flathead County, Montana, and as shown on final ALTA/ACSM
Land Title Survey, prepared by Smith Surveying & Consulting for Wolford
Development Montana, LLC, dated August 21, 2007. (Tract 10)
11. Easement for gas pipe line and related purposes granted Montana Power
Company, recorded November 1, 1989, under Document #8930511300, records
of Flathead County, Montana, and as shown on final ALTA/ACSM Land Title
Survey, prepared by Smith Surveying & Consulting for Wolford Development
Montana, LLC, dated August 21, 2007. (Tracts 1, 5, 7, 8)
12. Easement for gas pipe line and related purposes granted Montana Power
Company, recorded November 1, 1989, under Document #8930511310, records
of Flathead County, Montana, and as shown on final ALTA/ACSM Land Title
Survey, prepared by Smith Surveying & Consulting for Wolford Development
Montana, LLC, dated August 21, 2007. (Tracts 2, 3)
13. Terms and provisions regarding the Kalispell City Growth Policy 2020,
adopted by the Kalispell City Council on February 18, 2003, to the extent
applicable. (Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11)
14. Terms and provisions contained in Resolution No. 5129B, regarding the
Highway 93 North Growth Policy Amendment, recorded August 11, 2006 as
Document #200622308320, records of Flathead County, Montana, to the
extent applicable. (Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11)
15. Easement for communications system and related purposes granted
American Telephone and Telegraph Company, by instrument recorded November
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2, 1993, under Document #9330609040, records of Flathead County, Montana,
and as shown on final ALTA/ACSM Land Title Survey, prepared by Smith
Surveying & Consulting for Wolford Development Montana, LLC, dated August
21, 2007. (Tract 10)
16. Terms and provisions regarding access control and road approaches,
contained in instruments recorded September 12, 1995 as Document
#9525508080; November 16, 1995, as Document #9532008580 and November
16, 1995 as Document #9532008590, all records of Flathead County, Montana.
(Tracts 4, 5 and 6)
17. Terms and provisions regarding access control and road approaches,
contained in instruments recorded November 21, 1995 as Document
#9532510230 and November 21, 1995 as Document #9532510240, records of
Flathead County, Montana. (Tract 11)
18. Easement for transmission line and related purposes granted Flathead
Power Company, by instruments recorded February 28, 2002, under Document
#200205908510; March 13, 2002, under Document #200207209510; April 8,
2002, under Document #200209809340 and August 14, 2002, under Document
#200222608290, all records of Flathead County, Montana. (Tracts 1, 2, 3, 4, 5,
6, 7, 8, 9 and 11)
19. Terms and provisions contained in Resolution No. 2015A, regarding the
Flathead County Growth Policy, adopted by the Board of Commissioners of
Flathead County, Montana on March 19, 2007, to the extent applicable.
(Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11)
20. Overhead power lines and underground utilities, located along the East
boundaries within Whitefish Stage Road, disclosed by final ALTA/ACSM Land
Title Survey, prepared by Smith Surveying & Consulting for Wolford
Development Montana, LLC, dated August 21, 2007. (tracts 1 and 9)
21. Terms and provisions contained in Resolution No. 5257, regarding
annexation to the City of Kalispell, Montana, and zoning, recorded February
20, 2008 as Document #200800004401, records of Flathead County, Montana.
(Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11)
22. Petition to annex and notice of withdrawal from rural fire district,
recorded February 20, 2008 as Document #200800004402, records of Flathead
County, Montana. (Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11)
23. Terms and provisions contained in Ordinance No. 1630, regarding two
planned unit development overlay zones and zoning, recorded April 10, 2009 as
Document #200900009939, records of Flathead County, Montana. (Tracts 1, 2,
3, 4, 5, 6, 7, 8, 9, 10 and 11)
24. Reservations and exceptions in patents from the United States and the
State of Montana.
25. Visible or apparent easements and rights -of -way, and encroachments, if
any.
26. Building, use, zoning, sanitary and environmental restrictions, and
waivers of record.
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Debbie Pierson, Flathead County MT by AC 1/12/2021 1$422PM
Upon recording, please return to:
Jeff Claridge
Stillwater Corporation
P.O. Box 7338
Kalispell, MT 59904-7338
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.� KALISPELL NORTH TOWN CENTER
AMENDED AND RESTATED
COMMON AREA MANAGEMENT PLAN
WITH COVENANTS, CONDITIONS AND RESTRICTIONS
This Amended and Restated Common Area Management Plan with Covenants, Conditions
and Restrictions ("Declaration") is made by the Declarant, Stillwater Corporation, pursuant to
Section 3 of the Term Enforcement, Applicability and Change Enforcement provisions of the
Kalispell North Town Center Common Area Management Plan Property Owner's
Association document, recorded as Doc. No. 201800009043, records of Flathead County,
Montana, on May 8, 2018. This Declaration shall supersede and replace the Kalispell North
Town Center Common Area Management Plan Property Owner's Association document in
its entirety.
The land subject to this Declaration is the land encompassed within Kalispell North Town
Center, Phase 1 and Kalispell North Town Center, Phase 2, excepting therefrom the land
conveyed from Stillwater Corporation to Spartan Holdings, LLC, on June 13, 2018, and March
7, 2019. A complete legal description of the land currently subject to this Declaration is more
particularly described on Exhibit 1.
Upon the recording of the final plats of any future phases of Kalispell North Town Center that
encompass any commercially zoned subdivision phases of Kalispell North Town Center, the
commercially zoned land encompassed within such plats shall automatically become subject to
these CCRs.
Article I. Definitions
1. Common Areas means those areas designated as Common Areas or open spaces on the
recorded plats of any commercially zoned land located with current or future phases of
Kalispell North Town Center and held in fee simple ownership by the POA. Common
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Areas shall also include any lands and improvements held in fee simple ownership by the
POA and dedicated for streets, roads, trails, ponds and other drainage areas, boundary
fences or other amenities intended for the common use and benefit of the Members.
Streets may be conveyed to the City of Kalispell and upon conveyance will no longer be
regarded as Common. Areas.
2. Contract Purchaser means a buyer of a lot under a contract for deed.
3. Owner means the fee simple owner or Contract Purchaser of any Lot.
4. Lot means a platted lot in any commercially zoned areas within any current or future
property subdivision phase of Kalispell North Town Center.
5. Member means the Owner of a Lot.
6. Occupant means the person or entity, other than the Owner, who occupies a Lot for
business purposes.
7. Board of Directors shall mean the Directors of the POA.
Article II Kalispell North Town Center Property Owners' Association
1. An association known as the Kalispell North Town Center Property Owners' Association
("POA") has been incorporated as a Montana mutual benefit corporation with members. The
purpose of the POA shall be to manage and maintain the Common Areas within Kalispell North
Town Center, Phase 1, and Kalispell North Town Center, Phase 2, as well as all commercially
zoned land encompassed within the recorded final plats of any future phases of Kalispell North
Town Center.
2. Every Owner shall be a member of the POA. Each Owner shall be responsible for
providing written notice to the POA of their acquisition of ownership, their mailing address, and
any changes of ownership or mailing address. The initial address of the POA shall be the
address of the Declarant, Stillwater Corporation, P.O. Box 7338, Kalispell, MT 59904. The
address of the POA may be changed by the Board of Directors of the POA upon notice to the
Owners.
3. Regardless of the number of Owners possessing an ownership interest in a Lot, the
Owner or Owners shall be entitled to one vote per Lot on those matters upon which the Members
are entitled to vote. Any Owner of a Lot is authorized to cast the vote allocated to any Lot.
Article III. Board of Directors
1. The initial Board of Directors shall be selected by the Declarant, which shall determine
the initial terms of the Directors.
2. Vacancies on the Board of Directors, whether occurring prior to or upon expiration of a
Director's term, shall be filled under procedures set forth within the bylaws of the POA.
Article IV. Assessments
1. Each Owner is obligated to pay to the POA Regular Assessments, which may be assessed
and collected monthly or annually, as well as Special Assessments. Regular and Special
Assessments, together with interest and any reasonable attorney fees incurred to pursue
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collection, shall be a lien against the Lots of the Members. Any such lien shall be subordinate to
any prior -recorded mortgages, deeds of trust or trust indentures.
2. The purpose of Regular Assessments is to promote the health, safety, convenience,
recreation and general welfare of the owners through the operation and regular maintenance of
the Common Areas, including irrigation, mowing, noxious weed control and any other operation
or maintenance activities deemed necessary by the Board of Directors.
3. The maximum annual Regular Assessment per Lot shall not substantially exceed the
budgeted costs to be incurred by the POA in carrying out the purposes of the Regular
Assessments, but the annual budget may include a reasonable contingency amount to be
determined by the Board of Directors, as well as ongoing reserve amounts to fund the
replacement or reconstruction of any Common Area improvements or equipment. The annual
budget shall be set by the Board of Directors.
4. The purpose of Special Assessments is to fund, in whole or in part, any construction or
other capital improvements on any of the Common Areas. Such assessments shall be based on
the budgeted costs of such construction or capital improvements.
5. Regular and Special Assessments shall be set at a uniform rate per Lot, regardless of Lot
size.
6. The Annual and Special Assessments shall be due on a schedule to be determined by the
Board of Directors. Upon mailing of the notice of assessment to the Owner, the assessment shall
be a lien on the Owner's lot until paid.
7. If any Annual or Special Assessments are not paid within 30 days of mailing of the notice
of assessment, the POA is authorized to record a notice of lien within the property records of
Flathead County. The POA may bring an action at law against any Owner of a Lot for which an
Assessment is delinquent, or may foreclose upon the lien by a judicial proceeding, following the
procedures for the judicial foreclosure of mortgages. Delinquent Assessments shall bear interest
at the rate of 10 percent per annum. Owners of any Lot for which an Assessment is delinquent
shall also be obligated for the reasonable attorney fees incurred to pursue collection or
foreclosure.
8. Any liens for delinquent Assessments shall run with the land. Accordingly, the sale,
transfer or encumbrance of any Lot shall not affect the validity of any lien for delinquent
Assessments, regardless of whether the lien has been recorded, and collection of delinquent
Assessments and foreclosure of any lien may be undertaken against any current Owner. Lot
purchasers are therefore advised to check with the POA as to the existence of any delinquent
Assessments prior to closing.
3
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9. Liens for Assessments, or for abatement of any violation of this Declaration, as set forth
below (collectively "POA Liens") shall be subordinate to any prior recorded mortgage lien taken
for the purpose of financing the purchase or refinance of a Lot. In the event of foreclosure of any
such mortgage, any POA Liens shall be extinguished.
Article V. Maintenance of Common Areas
The Association shall have the exclusive right and obligation to manage, control and
maintain the Common Areas. No Owner, guest or invitee of an Owner may use or
occupy the Common Areas or any Lot in such a manner as to disturb or interfere with the
peaceful use and quiet enjoyment of any other Owner, guest or invitee.
2. The Association shall be responsible for liability insurance, local taxes and maintenance
of the Common Areas.
Article VI. Maintenance of Lots
Owners shall at all times, at Owners' sole cost and expense, maintain Lots in a safe, clean
and attractive condition. Such maintenance includes, but it is not limited to:
• Prompt removal of all litter, trash, refuse, waste, snow and ice.
• Keeping landscaping irrigated, weed free and attractive.
• Keeping exterior lighting and mechanical facilities in working order.
• Keeping parking areas, driveways and roads in good repair.
• Complying with all government health and safety improvements.
• Striping of parking areas.
• Painting and repainting of improvements.
• Repair of damage to improvements.
• Maintenance of utility lines within Lot boundaries.
Article VII. Enforcement
1. Owners of Lots shall be primarily liable for any violation of any term or condition set
forth within this Declaration. Occupants shall be secondarily liable for any such
violation. Declarant or the POA shall provide written notice to Owner or Occupant to
remedy any violation within 30 days. Under circumstances deemed urgent by the POA, a
shorter period to remedy a violation may be imposed. Alternatively, the POA may enter
upon a Lot and abate any violation at the expense of the Owner, or prosecute an action at
law or in equity to abate any violation. In either such event, the POA shall be entitled to
recover its reasonable attorney fees and costs of enforcement. Owners shall also have the
right to prosecute an action at law or in equity to abate any violation, with the prevailing
party entitled to recover its reasonable attorney fees and costs of enforcement, but shall
not have the right of entry or right to unilaterally abate a violation accorded to the POA.
2
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2. The POA or its agents shall have the right, during reasonable hours and upon 24 hours
notice, to enter upon and inspect any Lot and the improvements thereon for the purpose
of determining compliance with this Declaration.
3. The failure of the Declarant, POA or Owner to enforce any provision of this Declaration
shall not be deemed a waiver or in any way prejudice the right to later enforce that
provision. Any express waiver, or approval of a variance of any provision of this
Declaration by the Board of Directors shall not be deemed a waiver of enforcement as to
any other Owner or Lot.
4. Invalidation of any provision of this Declaration by judgment or Court order shall not
affect the validity and enforceability of any other provision, all of which shall remain in
full force and effect.
VIII. Amendment
This Declaration shall be amended only by the Declarant for a term of fifteen (15)
years from the date of recording, or upon the sale of eighty (80) percent of the Lots
located within the land subject to this Declaration, whichever occurs later.
Thereafter, Members shall have the right to elect Directors in accordance with the
bylaws of the POA, and to approve any Special Assessments. Otherwise, all affairs
of the POA shall be managed by the Directors. This Declaration shall be
automatically extended for successive periods of ten (10) years, unless an instrument
amending this Declaration is signed by the Owners of at least 80 percent of the Lots
subject to this Declaration.
2. Any provision required as a condition of any plat approval, zoning or planned unit
development agreement shall not be altered with the agreement of the City of
Kalispell.
3. Any amendment of this Declaration shall be effective upon the filing and recording of
such an instrument in the office of the Clerk and Recorder of Flathead County,
Montana.
4. Any such amendment shall not require any alterations to existing structures or uses of
any Lots.
5
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Stillwater Corporation
By:
J f Claridge, Vice Presid nt
STATE OF MONTANA
ss:
County of Flathead )
2�ZI I
This instrument was acknowledged before me on
by Jeff Claridge, Vice President of Stillwater Corporation.
C 4ex(
Notary Public
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SUMMERS
NOTARY PUBLIC for the
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State of Montana
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Residing at Columbia Falls, Montana
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My Commission Expires
May 22, 2022
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EXHIBIT A
KALISPELL NORTH TOWN CENTER - PHASE 1
A tract of land located in the northwest quarter of Section 30, Township 29 North,
Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as
follows:
Commencing at the northwest corner of said Section 30, Township 29 North, Range 21
West, P.M.,M., City of Kalispell, Flathead County, Montana; thence S38°34'11"E,
111.48 feet to a point on the east boundary of U.S. Highway 93 right-of-way and the
POINT OF BEGINNING; thence EAST, 1129.94 feet; thence SOUTH, 340.77 feet;
thence WEST, 256.08 feet to the beginning of a 430.00 foot radius curve to the left;
thence along said curve 382.54 feet through an angle of 50058'20"; thence WEST,
436.73 feet; thence SOUTH, 680.11 feet; thence N83027'28"W, 77.25 feet; thence
N89°48'47"W, 30.09 feet to a point on the east boundary of U.S. Highway 93 right-of-
way; thence along said east boundary through the following five courses: 1)
N00011'11"E, 97.32 feet; 2) N14°12'33"E, 61.91 feet; 3) N00011'06"E, 940.00 feet; 4)
N13°54'44"W, 61.80 feet; 5) N00°14'37"E, 13.90 feet to the POINT OF BEGINNING,
said tract contains 12.486 acres, all as shown hereon,
and
A tract of land located in the northwest quarter and southwest quarter of Section 30,
Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more
particularly described as follows:
Commencing at the west quarter corner of Section 30, Township 29 North, Range 21
West, P.M.,M., Flathead County, Montana; thence N88056'08"E 1338.89 feet to the
POINT OF BEGINNING; thence N89036'32"E 333.62 feet; thence SO°23'28"E 723.10
feet; thence S89036'32"W 333.60 feet; thence N0023'35"W 723.10 feet to the POINT OF
BEGINNING, said tract contains 5.538 acres, all as shown hereon. Subject to and
together with easements as shown. Subject to and together with easements of record.
KALISPELL NORTH TOWN CENTER - PHASE 2
A tract of land located in the south half of Section 19, and the north half of Section 30,
Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more
particularly described as follows:
Commencing at the northwest corner of said Section 30, Township 29 North, Range 21
West, P.M.,M., Flathead County, Montana; thence along the north line of said Section
30, S89°41'21"E, 69.85 feet to a point on the east boundary of U.S. Highway 93 right-of-
way and the POINT OF BEGINNING; thence continuing along the north line of said
Section 30, S89°41'21 "E, 1237.79 feet to the west sixteenth corner common to said
Sections 19 and 30; thence along the sixteenth line of said Section 19, N00033'20"W,
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524.92 feet, thence leaving said sixteenth line, S89059'34"E, 562.05 feet; thence
N00°00'11"E, 35.10 feet; thence S89°59'49"E, 60.00 feet; thence S00000'11"W, 555.00
feet; thence S44059'55"E 7.07 feet; thence EAST 275.88 feet to the beginning of a
1040.00 foot radius curve to the right; thence along said curve 223.72 feet through an
angle of 12019'30"; thence S77°40'30"E, 144.74 feet to the beginning of a 1360.00 foot
radius curve to the left; thence along said curve 621.28 feet through an angle of
26010'27"; thence N76009'04"E, 150.75 feet, to the beginning of a 1040.00 foot radius
curve to the right; thence along said curve 251.33 feet through an angle of 13050'46";
thence N89059'50"E 1706.09 feet to a point on the east line of said Section 19; thence
along said east line, S00°37'29"E, 41.97 feet to the southeast corner of said Section 19;
thence along the south line of said Section 19, said south line also being the north line
of Tract B of Certificate of Survey No. 20570, on file in the office of the Clerk and
Recorder, N89°40'24"W 687.79 feet to the northwest corner of said Tract B; thence
along the west line of said Tract B, S00012'33"E 41.98 feet; thence S89059'50"W,
1018.92 feet to the beginning of a 960.00 foot radius curve to the left; thence along said
curve 231.99 feet through an angle of 13°50'46"; thence S76°09'04"W, 150.75 feet to
the beginning of a 1440.Op foot radius curve to the right; thence along said curve 657.83
feet through an angle of 26010'27"; thence N77040'30"W, 144.74 feet to the beginning of
a 960.00 foot radius curve to the left; thence along said curve 206.51 feet through an
angle of 12'19'30"; thence WEST 265.89 feet; thence 545000'05", 7.07 feet; thence
S00000'11"W, 1235.11 feet; thence WEST 1763.36 feet; thence S83°21'33"W, 65.88
feet; thence N89048'47"W, 40.18 feet to a point on the east line of U.S. Highway 93
right-of-way; thence along said east line N00011'11"E, 76.39 feet; thence leaving said
east line and along the south and east lines of Lot 2, Block 1 of the plat of Kalispell
North Town Center - Phase 1, on file in the office of the Clerk and Recorder, for the
following three courses: 1) S89°48'47"E, 30.09 feet; 2) S83°27'28"E, 77.25 feet; 3)
NORTH 680.10 feet to the southwest corner of Lot 1, Block 1 of said plat of Kalispell
North Town Center - Phase 1; thence along the southerly, easterly and northerly lines of
said Lot 1 for the following five courses: 1) EAST 436.73 feet to the beginning of a non -
tangent curve to the right, said curve having a radial bearing of S50°58'21"E and a
radius of 430.00 feet; 2) along said curve for a distance of 382.54 feet, through an angle
of 50058'20"; 3) EAST 256.08 feet; 4) NORTH 340.77 feet; 5) WEST 1026.85 feet to the
northeast corner of said Lot 2; thence along the north line of said Lot 2, WEST 103.09
feet to a point on the east line of said U.S. Highway 93 right-of-way; thence along said
east line NOO°14'37"E 86.78 feet to the POINT OF BEGINNING. Said Tract contains
56.926 acres.
EXCEPTING THEREFROM:
Lots 1A and 2A Open Space of the Amended Plat of Block 3 of Kalispell North Town
Center — Phase 2, according to the map or plat thereof on file and of record in the office
of the Clerk and Recorder of Flathead County, Montana.
8
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0507138
0507139
0507140
0507141
0507142
0507143
0507144
0507145
10507146
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"LISFELL NORTH TOWN CENTER
COMMERCIAL.
EASEMENTS AND RESTRICTIONS AGREEMENT
THIS EApSEMENT ND RESTRICTIONS AGREEMENT (this "Agreement'), is
made this G day of � , 2018, by STILLWATER CORPORATION, LLC,
a Montana�ed liability company, Master (."" Developer ("Declarant').
)
WITNESSETH:
WHEREAS, Declarant is the fee owner of certain real property located in Kalispell,
Flathead County, Montana, more particularly described on Exhibit "A" attached hereto, and
made a part hereof, "Commercial Parcels Parcels ." and;
WHEREAS, Declarant desires to impose certain restrictions on the Parcels to promote
the orderly development and use thereof in a manner compatible with the vision for the Master
Development (Project).
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Declarant hereby
declares that the following restrictions are imposed on the development of the Parcels for the
benefit of the Master Development (Project), and Declarant:
A. SITE IMPROVEMENTS
1. Suffer Strin.
A buffer strip containing landscaping only shall be maintained between the
property line and the edge of the pavement around the perimeter of each Parcel, and no
above -ground improvements of any type shall be erected thereon other than signs
installed in accordance with Section C of this Agreement, landscaping, directional signs,
fencing, traffic barriers, light poles, walkways and entrances to the Project roadways.
Said buffer strip shall be at least ten feet (10') in width, except where an Parcel has a
common boundary with another Parcel, in which event the buffer strip shall be five feet
(5') wide on each side of such common boundary.
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2. Curbs and Pavement.
(a) Concrete curbs and gutters shall be constructed on or adjacent to the
Parcels in each of the following locations: (i) around the entire perimeter of each Parcel,
at the edge of the pavement, to separate the paved area from the adjacent landscaped
buffer; (ii) on both sides of the landscaped buffer in those areas where the buffer
separates Parcel from adjacent access drives and/or adjacent public roadways; (iii) around
the building(s) and any landscaped islands constructed on each Parcel; and (iv) at all
vehicular entrances to the Parcels from adjacent public roadways, adjacent access drives,
and contiguous Parcels. All such curbs shall be full -depth eighteen inch (18") poured -in -
place concrete curbs. No bumper blocks or precast, extruded or asphaltic curbs shall be
permitted. Minimum height of curb or curb and gutter above paved areas shalt be six
inches (6") except at entrances. Handicapped ramps shall be provided as required by
applicable code.
(b) The pavement section of the parking areas shall conform to City of
Kalispell, recommendations for concrete and asphalt but in no case less than 4"
reinforced concrete or 3" asphalt on 8" of engineered base.
3. Parking and Access.
(a) Each Parcel shall be self-sustaining as to parking. There shall be
maintained at all times on each Parcel the greater of- (i) not less than four (4) automobile
parking spaces of standard size for each one thousand (1,000) square feet of floor area
constructed on the Parcel, or (ii) such number of automobile parking spaces as may be
required by applicable law (after taking into account any variances); provided, however,
notwithstanding clause (a)(i) above: any restaurant shall maintain the greater of ten (10)
spaces per one thousand (1,000) square feet of floor area or such number of spaces as
may be required by applicable law.
(b) Design of the parking areas shall be in accordance with the following
W Compact car spaces are not allowed.
(ii) Handicapped spaces should be ,provided in accordance with
applicable codes_
(iii) In general, parking aisles should be perpendicular to the building
serviced by same, when possible.
(iv) Whenever possible, curbed islands should separate a change in
direction of parking stalls and aisles.
(v) Parking lot striping shall be 9' minimum width and 19' long.
Striping shall be maintained in good order and re -striping shall be provided as is
reasonable and required.
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(c) Declarant hereby establishes, to and for the benefit of the Parcels and the
owners, tenants, occupants, customers and invitees of the parcels, a non-exclusive,
perpetual easement for vehicular and pedestrian access, ingress and egress to and from
U.S. 93.
4. Utilities.
(a) Grant of Easement. Declarant hereby acknowledges that the utility and
drainage systems ("Utilities') serving the Parcels are part of the systems serving the
Project. Declarant hereby establishes, for the benefit of the Parcels, a perpetual, non-
exclusive easement to connect with and use such utility and drainage systems upon and
subject to the following terms and conditions:
(i) All connections shall be designed by a professional engineer. All
points of connection shall be located per Kalispell City standard at locations
approved in writing by Declarant. The plans for all connections shall be subject to
the prior written approval of Declarant.
(ii) The quality of materials used in connecting lines, pipes, conduits
or other materials shall be of quality equal to or better than those to which they
are connected.
(iii) The materials and workmanship shall comply with all applicable
governmental codes and regulations.
(iv) All work done in making said connections and repairs to such
Utilities shall be completed expeditiously and in such a manner so as to cause no
undue interference with the businesses being conducted at other locations in the
Project, so as to minimize any disruption to the Project, access drives, and so as
not to interrupt or interfere with utility services to any improvements in the
Project.
(v) After completion of such work, the fee owner of such Parcel shall,
at its cost and expense, promptly restore all property and improvements affected
thereby to the same or as good condition as existed immediately prior to the
commencement of such work.
(vi) With respect to any water, sanitary and storm utility systems which
are not maintained by a utility company or governmental authority, the fee owner
of each Parcel served by such utility system shall pay to Declarant, or to its
designee, upon receipt of periodic statements therefore a proportionate share of
the cost of operating, maintaining and repairing such utility system based upon
the area of the Out Parcel and the total area of other Parcels served by such utility
system.
(b) General. All utility lines shall be entirely underground, with no overhead
lines, poles or wires permitted.
3
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(c) Storm Sewers. All storm sewers shall be designed such that the entire
storm water run-off will be contained within the Parcels, but shall discharge through the
storm water drainage system for the Commercial Center. Storm water drainage shall be
implemented by the use of catch basins and underground storm lines. No open ditches
will be permitted. Construction of the storm sewer system shall be in accordance with
the following:
(i) Storm sewer design of pipe and size shall be determined on storm
frequency of not less than ten (10) years or as determined by local code.
(ii) Storm sewer size of main line is to be a minimum of twelve inches
(12") in diameter.
(iii) Catch basin, manholes and drainage appurtenances shall be spaced
in accordance to local codes and as required to provide necessary drainage.
(iv) Material type shall conform to local codes and American Society
for Testing and Materials.
(v) Each Parcel owner's design engineer is responsible for determining
that its system is in compliance with applicable codes and that its system does not
exceed the design capacity of the system into which the Parcel system flows.
(d) Sanitary Sewers. No on -site septic system for sanitary sewer treatment
facility will be permitted on the Parcels. Construction of the sanitary sewer system shall
be in accordance with the following:
(i) Public sanitary sewers shall be minimum diameter of eight inches
(S"). Service lines to the building shall be a minimum of six inches (6") in
diameter.
(ii) Materials shall conform to American Society for Testing and
Materials and local codes.
(iii) installation of sanitary sewer pipe shall conform to local codes.
Trench detail and method shall be incorporated into the plans.
(iv) Sanitary sewer line shall be tested for infiltration, exftitration, and
air tested.
(e) Gas. Gas service, if available, shall be provided by the local gas company.
The Parcel owner shall be responsible for obtaining any and all necessary consents or
approvals for obtaining gas service and for the payment of any fees. All gas lines shall be
below grade. All gas meters, valves, etc. shall be concealed from public view.
(f) Electric. Electric service shall be provided by the local electric company.
The Parcel owner shall be responsible for obtaining any and all necessary consents or
approvals for obtaining electrical service and for the payment of any fees. All electric
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service shall be below grade. All electric meters, transformers, etc. shall be concealed
from public view.
(g) Telephone. Telephone service shall be provided by the local telephone
company. The Parcel shall be responsible for obtaining any and all necessary consents or
approvals for obtaining telephone service and for the payment of any fees. All telephone
service shall be below grade. All telephone equipment shall be concealed from public
view.
(h) Utility Easements. Declarant hereby reserves a perpetual, nonexclusive
easement for the construction, maintenance, operation, repair, inspection and alteration of
utility lines and/or pipelines, together with reasonable rights of access thereto, under,
upon and across a fifteen foot (15') wide strip along the inside of and adjoining all
boundaries of the Parcels. There shall be no above -ground improvements other than
curbing and/or paving on the portion of said easement lying outside of the buffer strip.
S. Traffic Flow.
Pavement markings, directional signs and other traffic indicators on the shall
provide far a traffic plan compatible with that of the Project. Design of the interior traffic
flow and parking layout of each Parcel shall be in accordance with the following:
(a) All access points will allow for sufficient vehicle stacking distance.
(b) Entrances directing traffic to a "head-on parking condition" should be
avoided.
(c) Drive-thru facilities should allow for sufficient vehicle stacking distance
and should be removed from parcel access points.
(d) All two-way access shall be via twenty-four foot (24'-0") wide (face to
face of curb) curbed driveways.
(e) All one-way access, when required, shall be via twelve foot (12'-0") wide
(face to face of curb) curbed driveways.
radius.
(f) All access driveways shall have a thirty-five foot (35'-4") minimum
(g) Service access for use by semi -tractor trailer or fire trucks may require
wider driveways with greater radius.
(h) Access driveways to public roads may require special
acceleration/deceleration lanes.
(i) All pedestrian access shall be clearly identified. When same crosses a
landscaped area it will be via a five foot (5'-0") wide hard -surfaced
sidewalk.
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(j) The minimum distance between access driveways shall be one hundred
feet (100'-0") centerline to centerline.
6. Landscaping.
(a) The following landscape standards or the ordinances or zoning
requirements of the local governing bodies, whichever are more stringent, shall prevail:
Plant material will vary, and particular attention should be placed on the selection best
suited for the location of the Project to make an attractive parcel that is compatible with
the quality of the entire Project. The primary landscaping materials should be of quality
that will serve in enhancing the environment and also serve as a functional part of the
project. Trees should not only provide shade when mature, but also have character and
interesting color as they grow. Shrubbery and ground covers should also provide visual
effects in color and texture, while providing screening in needed areas and also
highlighting the architecture of surrounding structures. Effective use of earth beams and
existing topography with existing trees, if any, is also encouraged as a component for a
good landscaping plan. The landscaping and planting areas should be reasonably
dispersed throughout the site. The interior dimensions of any planting area or planting
medium should be sufficient to protect the landscape materials planted within and to
insure proper growth with attractive appearance. Irrigation should be supplied to assure
the viability of the plant material and ease in the maintenance of the site.
(b) The following design criteria shall be followed:
(i) Minimum Development Size Requirements.
(A) All buffer strips and other portions of the Parcel not
devoted to buildings, parting, signage, driveways or
sidewalks shall be suitable grassed and/or landscaped in a
manner compatible with that of the Project. Not less than
seven percent (7%) of the area of each Parcel shall be
devoted to landscaping and/or green space. The
landscaping on the Parcel shall not obstruct (through either
original planting or untrimmed growth) the view of
improvements of any adjacent Parcel.
(B) Unless a variance is approved by Declarant, landscaping
expenditures for a Parcel shall be at least one and a half
percent (1.5%) of the total building cost. This would
include all in -ground landscaping within the Parcel,
exclusive of irrigation and various site amenities.
(ii) Plant Material Requirements.
(A) Existing plant material of appreciable size and character
will be incorporated into the new landscape plan and any
other significant landscape features will be preserved.
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(B No plant material shall be planted that is not capable of
growing in the local area.
(C) Plant material should be selected for type, size, and quality
on the basis of suitability to climate, setting and
compatibility with other development plantings, character
and functions.
(D) Plant materials should be free of disease and harmful
insects. Plants selected which are prone to disease and
insect problems or which may jeopardize the health of
adjoining plantings will not be acceptable.
(E) The quality of plant material selected will follow the
guidelines of the "American Standard for Nursing Stock„
by the American Association of Nurserymen unless
otherwise indicated.
(F) Proper drainage will be required for all major plantings to
insure the establishment of a good root system and a
healthy growth.
(G) The installation of all landscaping shall be done by a well
established landscape contractor who follows the
procedures set forth by the American Association of
Landscape Contractors and its local agencies.
(H) No artificial plants of any type, size or color will be
allowed within the landscaped area or around or on the
building within the Parcel for the life of the development.
(I) The Parcel owner shall be responsible for providing,
protecting and maintaining all landscaping in a healthy and
growing condition, replacing it immediately, when
necessary, with the same type, size and quantity and
keeping it free of refuse and debris.
(iii) Plant Material Specifications.
(A) Trees shall be species having a minimum mature spread of
fifteen feet (15') to twenty feet (20"), with a minimum
mature height of fifteen feet (15') and installation size of
two and one-half inch (2%") to four inch (4") caliper.
Evergreens will have a minimum of six feet (6') to seven
feet (7) in height when installed.
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(B) Shrubs shall be a minimum of three feet (Y) in height when
used as a hedge and live feet (5') to six feet (6') in height if
used as an ornamental planting.
(C) Vines shall be a minimum of two (2) to three (3) years old
when planted and should be used for screening on wails
and fences, etc.
(D) Ground cover shall be a minimum of two (2) years old
when planted and shall be spaced so that a complete
coverage can be obtained after one growing season.
(E) Grass areas shall be planted with species indigenous to the
area, disease resistant and one that will require low
maintenance in cutting and watering. It should be an
immediate cover, and sod is recommended in areas of the
country in which it will grow. Various grasses, for drier
areas, will be planted in groupings for an effect.
(F) Flower beds are encouraged and shall be planted in
acceptable areas of the country to create color, texture and
interest at the discretion of the landscape architect.
(iv) Landscape Accent Material.
(A) Site furnishings such as benches, waste receptacles, tables,
etc. will be in character with the building architecture and
the surrounding landscaping-
(B) Paving materials for paths, patios, etc. are recommended to
be of porous nature when installed, such as patio bricks,
interlocking pavers or concrete stepping stones-
(C) Mulch materials will be of small size gravel, shredded bark
or other organic material best suited and adapted for the
local area.
(D) Edging used to separate grass areas from shrubs, ground
cover and mulch will be a good quality steel edging,
secured with metal stakes. No plastic edging will be
accepted.
(v) Landscape Definitions.
(A) Landscaping — Shall consist of any of the following or
combination thereof. materials such as, but not limited to,
grass, ground covers, shrubs, vines, hedges, trees, or other
live plant material growth in the area of development.
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Non -live material such as rocks, pebbles, mulches, fences,
walls, pavers, benches, irrigation systems and other site
amenities would also be included in landscaping.
Mounding, berming or grading would be part of
landscaping but not necessarily included.
(B) Trees — Any self-supporting woody plant which usually
produces one main trunk and a more or less distinct and
elevated head with many branches.
(C) Shrubs — A woody plant that usually remains low and
produces shoots or trunks from the base. It is not usually
tree -like nor single -stemmed.
(D) 'Vines — Plants which normally require support to reach
mature form.
(E) Ground Cover — Plants of various types and low in height,
dense growing and used for covering the ground, as in
areas where it is difficult to grow grass.
7. Gradine and Drainaee.
Each Parcel shall be graded to provide positive drainage to the retention/detention
area (if required) or storm sewer lines that have been sized to receive Parcel discharge.
All necessary erosion control methods shall be utilized to avoid siltation onto adjacent
properties and into pipelines. Stockpiling of topsoil or excessive material shall be done
so as not to interfere with drainage before, during or after construction. Existing drainage
areas will not be altered during the grading sequence or after unless accepted by
Declarant. Parking lot slopes shall be a minimum one and one-half percent (1.5%) and
maximum four percent (4%). All trenches and excavation near or adjacent to existing
curbs, sidewalks, and pavement shall be backfilled with trench backf ll material.
Required density of compaction shall be indicated on the plans.
8. Site Lighting_
Poles shall be restricted to twenty-two feet (22') in height, exclusive of base, or as
otherwise required by local code. Illumination shall conform to the City of Kalispell
lighting standards. Gut -off fixtures (shrouds) shall be installed whenever necessary to
avoid spillover to adjacent property. All lighting poles and fixtures and bases installed on
the Parcels shall be approved by the Declarant.
B. BUILDING CRITERIA
Architectural Design.
The design of each building should be compatible with and/or complement the
Design Guidelines and other peripheral buildings. The design should be a simple
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geometric shape and finished on all sides. It is suggested that each building have a
canopied entrance or pedestrian arcade where applicable. No Parcel shall contain more
than one (1) building without the consent of Declarant. Without the prior written consent
of Declarant to be exercised in its sole discretion, no building on any parcel shall be
partitioned or subdivided or leased or occupied for multiple stores or users.
The design of each building proposed for each parcel shall be submitted for
approval by Declarant prior to construction. This approval is in addition to any
governmental regulatory approvals and shall not be withheld. It shall be the Declarant's
discretion for approval or modification. Parcel Owner shall submit plans, elevations, site
plan, and landscape plans, as well as material selections for review and approval.
2. Materials and Colors.
Substantially maintenance -free materials such as brick, architecturally -treated
concrete and stucco should be used wherever possible, Materials and colors should be
compatible with those defined in the Design Guidelines. Use of exterior colors shall be
in good taste and in character with the remaining development. Color should be an
aesthetic consideration combined with the building form, proportions and materials.
1 Screening.
All mechanical and/or electrical units, roof -top or ground mounted, will be
screened with the same material used on the building facade. Whenever possible, the
exterior building walls will be extended to accomplish same.
4. Delivery; Trash.
Loading docks and refuse areas are to be located on the least visible side of the
building and screened as called for above. Outside storage is specifically prohibited.
Whenever possible, refuse areas should be accommodated inside the building.
5. Orientation.
All buildings shall be subject to the following set -back requirements in addition to
those contained in local zoning ordinances and building codes. In no case will a building
be located closer than fifteen feet (15'0") to an adjoining property line or twenty-five feet
(25'0") to a property line on a public or private roadway. Set -back requirements may be
affected by the public or private characterization of adjacent roadways and access roads.
6. Aesthetics.
Exterior exposed fire escapes, exposed service stairs or ladders, radio or television
towers and antennae or satellite receivers are not permitted, except that one (1) satellite
dish not exceeding two feet (2") in diameter shall be permitted.
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7. utilities.
All utilities are to be underground with no exterior visible connections to Out.
Parcel facilities, except for required meters or transformers. Meters and transformers
shall be screened.
.1 Height.
No building(s) along the first parcels bordering Highway 93 or other
improvements erected upon Parcels shall be more than two (2) story above grade or
exceed thirty-five (35') feet in height, all other parcels shall not exceed four (4) stories or
exceed fifty feet (50') for all other parcels, measured from the finished floor elevation to
the top of the highest building protrusion, including, without limitation, roof -mounted
equipment, decorative roof screening and other such appurtenances, but excluding in
each instance decorative architectural features such as but not limited to a spire, clock
tower, or cupola.
C. SIGN CRITERIA
General Requirements and Prohibitions.
(a) The following criteria shall apply to all exterior signs or insignia placed or
installed on the buildings or improvements thereon. Where these criteria are more
stringent or restrictive than the applicable ordinances controlling a particular locale, then
these criteria shall be controlling. Where these criteria are less stringent or restrictive
than the applicable ordinances of a particular locale, then the latter shall control. The
Declarant shall have approval of all signage components proposed for individual parcel.
(b) No painted lettering, painted symbols or painted identification of any
nature shall be allowed.
(c) No exposed wiring, conduits, tubing, lamps, ballast boxes or raceways will
be permitted, except that with the prior written consent of Declarant, exposed neon
lighting or other lighting tubes may be used in an aesthetically desirable manner as
provided in Section 3(f) of this Agreement.
(d) All penetrations of the building structure required for sign installation
shall be neatly sealed in a watertight condition.
(e) No labels will be permitted on the exposed surface of signs, except those
required by local ordinances and, if required, shall be in an inconspicuous location.
(f) All electrical signs shall bear the U.L. label and shall be connected to the
electrical service for the Parcel on which such sign is located.
(g) All cabinets, conductors, transformers, ballasts, attachment devices and
other equipment shall be concealed.
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(h) No flags or banners shall be installed or permitted on the Out Parcels nor
on any improvements constructed thereon, unless approved in writing by Declarant in
connection with a grand opening or other special event. In no event shall the period for
the display of said flags or banners exceed three (3) weeks for any single occasion. No
paper, cloth or cardboard signs shall be permitted. This provision shall not prohibit the
erection of flagpoles to display national, state or corporate flags on the Parcels.
(i) No portable signs shall be permitted.
2. Freestanding Signs.
Freestanding Signs shall be in accordance with the City of Kalispell Sign Code
Conditions per Ordinance 1630 as applicable to the PUD and be subject to Developer
review for compliance with these covenants.
(a) All freestanding signs shall be of a monument type in a planter setting,
uniform in design and setback. The location of all monument signs must be approved by
Developer.
(b) A planter area of five (5) square feet for each six (6) square feet of sign
area, including both sides, shall be required at the base of the sign. Landscaping and
planter shall not be measured as a part of the freestanding sign for the purpose of meeting
horizontal and vertical size requirements. All landscaped areas shall be maintained to
minimum standards set forth in this Agreement.
(c) Only one (1) freestanding sign shall be allowed per Parcel. Declarant will
consider two on corner lots on a case by case basis. Said sign may be doubled -faced.
The display area shall not exceed eighty (80) square feet per face.
(d) All freestanding signs shall be of permanent construction and shall be
subject to the provisions of the building code of the locale in which it is located.
(e) Freestanding signs may be internally illuminated or backlighted.
Illumination shall be turned off within one (1) hour of closing and turned on within one
(1) hour of opening.
(f) Such freestanding sign shall contain only the name or trademark of the
business, building or building complex which it identifies and shall not contain change
panels, advertising or names of individual tenants; provided, however, with the written
consent of Declarant, a bank may have an electronic reader strip as an element of its sign.
No graphic logos will be allowed.
(g) For multiple user facilities such as office buildings, site identification
signage includes additional variables that must be considered. Conceptual designs for
freestanding signs serving these types of facilities shall be submitted to Declarant early in
the project development stage to allow ample time for revisions and resubmittal.
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3. Building -Mounted Wall Signs.
Building -Mounted Wall Signs shall be designed in accordance with the current City of
Kalispell Sign Code Area Allowances using the building frontage method or lot length
method and be subject to Developer review for compliance with these covenants.
Except as approved by Developer:
(a) Wall signs shall identify the individual business, building or building
complex by name or trademark only.
(b) One wall sign per occupant will be allowed for buildings of multiple
occupancy.
(c) No panel signs will be permitted. Wall signs shall consist of three-
dimensional individual characters mounted in relief upon the face of the building. Such
signs shall be back -lighted so as to appear in silhouette or intemally lighted.
(d) Exposed neon shall be subject to Declarant's prior written approval.
Exposed neon letters may be allowed if the neon tubing is designed to highlight flat
letters of the same in a broader stroke. The flat letters may be painted or some other
appropriate material applied to the background field. Colors must be chosen with
highlighting of the letters as the major consideration.
(e) No building -mounted wall sign, nor any portion thereof, may project
above the parapet wall or top of the exterior wall or building fagade upon which it is
mounted.
(f) There shall be no rooftop or penthouse signs of any kind.
(g) No signs perpendicular to the face of the building or its facade will be
permitted.
4. Traffic Directional Signs.
Parcel owners shall be permitted to install signs designed and located solely for
the purpose of relieving traffic congestion and promoting the smooth flow of traffic.
Such signs shall contain no advertising or identification copy of any sort and should
conform to the design of the building and site signage.
5. Prohibited Signs/Pylon i ng_s.
(a) No flashing, smoking, moving, audible signs or rooftop signs are
permitted, except that with the prior written consent of Declarant, a bank or other
financial institution may install a time/temperature sign.
(b) No freestanding pylon signs shall be permitted, except for traffic and
directional signs.
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D. CONSTRUCTION
1. A written schedule of construction and project events is required to be filed with
Declarant seven (7) working days in advance of construction start so that field personnel
may be notified. Before starting M operations on site, the Parcel owner's contractor
must supply Declarant's personnel on site with the name and phone number of the field
superintendent and copies of all required permits. Declarant will issue written
verification upon receipt of this information at which time the contractor may commence
his activities. The Parcel owner's contractor shall be liable for any damage caused to the
facilities of the Project or adjacent property owners and shall immediately repair any such.
damage.
2. Use of the Project easements, access and interior roads and parking areas is
prohibited unless prior permission is granted. A request for use of roads should be made
a minimum of two (2) working days in advance of the intended use.
3. Construction hazard areas of and around the site must be clearly marked and
barricaded from non -construction pedestrian and vehicular traffic.
4. Temporary structures, signs, barricades, and construction equipment must be
clean, neat and uniform in appearance, maintained regularly and removed immediately
when their use is no longer required.
5. Signage at the construction site shall be limited to the necessary hazard, warning
and directional information. A development sign may be allowed but must conform to
the criteria for temporary signs. Separate contractor, architect or other advertising
signage is not allowed.
f. Construction materials, equipment, temporary shelters, signs and operations are to
be confined to the project site for the sole purpose of the project's construction and shall
not present a hazard or infringe on any adjoining developments, operations, easements or
rights -of -way.
7. Any on -site construction dirt and debris must be stored and screened from view or
removed from the premises, all on a daily basis. Construction dirt and debris are not
allowed to accumulate on any adjoining roads, parking areas, walks or other property and
shall be broom cleaned immediately.
S. Once Parcel development has begun, construction should be diligently pursued to
its finish. No structure, facility or Parcel improvement is to be left incomplete. All
construction shall be completed within a reasonable construction time period.
9. All required permits must be clearly posted.
10. Copies of all construction change orders are required to be filed with Declarant
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11. Declarant must be notified of any planned interruption to any utility service
(water, gas, electric, etc.) seven (7) days in advance. Declarant must be notified
immediately of any accidental interruption to any utility service.
E. MAINTENANCE
1. Each Parcel owner shall, at all times, at its sale cost and expense, keep its Parcel,
including all improvements thereon, in a well maintained, safe, clean and attractive
condition, such maintenance includes, but is not limited to, the following:
(a)
Prompt removal of all litter, trash, refuse, wastes, snow and ice.
(b)
Keeping all landscaping alive, weed -free and attractive.
(c)
Keeping exterior lighting and mechanical facilities in working order.
(d)
Keeping parking areas, driveways, and roads in good repair.
(e)
Complying with all government health and safety requirements.
(f)
Striping of parking areas and repainting of improvements.
(g)
Repair of exterior damage to improvements.
(h)
Maintenance of utility lines.
2. Enforcement.
If any Parcel owner fails to maintain its Parcel in accordance with the foregoing in
such manner as may be deemed necessary by Declarant to preserve and protect the value
and attractive appearance of the Parcel, then Declarant may give such Parcel owner
written notice of the work or repair required to be carried out or undertaken and diligently
pursued within thirty (30) days from the date of such notice. Should such Parcel owner
fail to carry out such maintenance and repair, then Declarant, through its authorized agent
or agents, shall have the right and power to enter onto such Parcel and perform such care
and maintenance without any liability for damages for wrongful entry, trespass or
otherwise to Parcel owner. The Parcel owners of any part of the property on which such
work is performed shall be jointly and severally liable for the cost of such work and shall
promptly reimburse Declarant for such cost.
F. USE RESTRICTIONS
The Parcels shall only be used for commercial, retail (including without limitation
restaurants), service, banking and financial institutions, professional and office, and no
use or operation shall be permitted which is incompatible with a first-class commercial
development, including, but not limited to, the prohibited uses set forth on Exhibit "D"
attached hereto and incorporated herein.
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G. SUBDIVISION/RE-ASSEMBLY
Declarant (but not any purchaser of any Parcel) shall have the right to combine
two (2) or more Parcels into a single Parcel, to subdivide the Parcels into two (2) or more
Parcels, and/or to relocate common boundary lines between Parcels, provided, however,
that the prior written consent of the Benefitted Parties shall be required for any of the
foregoing matters which (i) will result in the combination of more than two Parcels or (ii)
will result in the creation of any single Parcel lot in excess of forty thousand (40,000)
square feet or more. Each of such reconfigured Parcels shall constitute a separate Parcel
hereunder and shall be subject to all of the terms and restrictions of this Agreement.
H. BENEFITS OF RESTRICTIONS
The restrictions contained herein shall be effective as of the date hereof, shall run
with the land burdened thereby, shall be binding upon all owners and occupants thereof,
or any part thereof and improvements thereon, and their respective successors and
assigns, shall constitute encumbrances on the Parcels, and shall inure to the benefit of
Declarant and its designee and the Benifitted Parties, as hereinafter defined, and their
respective tracts. The Beni/teed Parties are the fee simple owners of the Kalispell North
Town Center Tract (as shown. on Exhibit C) and their successors and assigns who are
owners of fee simple title to such tract if expressly conveyed this right by declarant by
future subdivision of Kalispell North Town Center property by declarant. The restrictions
created herein shall terminate and expire on the later of (i) January 31, 2092, or (ii) the
termination or expiration of the Construction, Operation and Reciprocal Easement
Agreement by and between Declarant, and
dated of even date herewith. The restrictions set forth
herein shall not bind any other property of Declarant.
I. NO THIRD PARTY BENEFICIARIES
The restrictions created herein are for the sole benefit of Declarant and the
Benefitted Parties and are not intended and shall not be construed to dedicate any
easements to or create any rights in favor of any person, entity or the general public.
L AMENDMENT
This Agreement may be amended by the written agreement of Declarant, or its
designee, and the Benefited Parties without the joinder of any other person or entity,
notwithstanding the fact that Declarant may sell the Parcels to third parties; provide d,
however, such amendments shall be effective only as to such of the Parcels as are owned
by Declarant at the time of recording of such amendment. Declarant reserves the right
(notwithstanding the fact that Declarant may sell Parcels to third parties or that Declarant
no longer owns any Parcels) to grant variances in writing with respect to this Agreement
or any amendment hereto as to a particular Parcel without the joinder of any other person
or entity except that the written consent of the Benefited Parties shall be required with
respect to a change in (1) the use of an parcel to a use which would violate this
Agreement (2) the height of any buildings or other improvement on an parcel which
6
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would violate this Agreement (3) a parking; ratio on an parcel which would violate this
Agreement or (4) a variance from any of the provisions of Paragraph C regarding sign
criteria. Any designee of Declarant shall be designated by written instrument executed
by Declarant which states that the designation is made pursuant to this Agreement and
which is recorded in the Recorder's Office of Flathead County, Montana.
K. SEVERABILITY
If any term, covenant or restriction herein shall be invalid or unenforceable, the
remainder shall not be affected thereby, and each term, covenant and restriction shall be
valid and enforceable to the fullest extent permitted by law.
L. ENFORCEMENT
In the event of a violation or an attempted violation of the foregoing restrictions,
Declarant, or its designees may prosecute any proceedings at law or in equity to enjoin
such violation and to recover damages for such violation, including reasonable attorney's
fees. If Declarant elects not to prosecute any violation, then any of the Benefitted Parties
may do so following fifteen (15) days prior notice to Declarant of said intention to
prosecute the violation or attempted violation.
[SIGNATURES ON FOLLOWING PAGE.]
17
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
written above.
ST1LLWAT R CORP A N,
By.
N e: C
Title:
STATE OF MONTANA
COUNTY OF FLATHEAD
Before me, Z _, a Notary Public; in and for said State and County
aforesaid, duly commissioned and qualified, personally appeared ;� ciow , with
whom I am personally acquainted (or proved to me on the J)akis of satisfactory evide ce), and
who, upon oath, acknowledged himself to be the 'eg rof STILLWATER
CORPORATION, the within -named bargainor, a corporation, and that he, as such
being duly authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing the name of the limited liability
company by himself as such
WITNESS my hand and seal at office on this the 9&day of ✓CJ�. 2018
-e�kl_
40tPub
My 'ommission Expires:
20 18 D'_KNTC
0 AMBER GOULET
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MyCOAr11:;s_..w fxpiios
Mwcb 12, 2010
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EXHIBIT "A"
PARCELS
Legal Descriptions Phases 1 & 2 Kalispell North 'Fawn Center
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AA
PIONEERING ENVIRONMENTS
Kalispell North Town Center -- Phase 1
Property Description
A tract of land located in the northwest quarter of Section 30, Township 29 North,
Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as
follows:
Commencing at the northwest corner of said Section 30, Township 29 North, Range 21
West, P.M.,M., City of Kalispell, Flathead County, Montana; thence S38034'11"E,
111.48 feet to a point on the east boundary of U.S. Highway 93 right-of-way and the
POINT OF BEGINNING; thence EAST, 1129.94 feet; thence SOUTH, 340.77 feet;
thence WEST, 256.08 feet to the beginning of a 430.00 foot radius curve to the left;
thence along said curve 382.54 feet through an angle of 50'58'20"; thence WEST,
4 36.7 3 feet; thence SOUTH, 680.11 feet; thence N8302728"W, 77.25 feet; thence
N89048'47"W, 30.09 feet to a point on the east boundary of U.S. Highway 93 right-of-
way; thence along said east boundary through the following five courses: 1)
N00011'11"E, 97.32 feet; 2) N14°12'33"E, 61.91 feet; 3) N00*11'06"E, 940.00 feet; 4)
N13054'44"W, 61.80 feet; 5) N00°14'37"E, 13.90 feet to the POINT OF BEGINNING,
said tract contains 12.486 acres, all as shown hereon,
and
A tract of land located in the northwest quarter and southwest quarter of Section 30,
Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more
particularly described as follows:
Commencing at the west quarter corner of Section 30, Township 29 North, Range 21
West, P.M.,M., Flathead County, Montana; thence N88056'08"E 1338.89 feet to the
POINT QF BEGINNING; thence N89°36'32"E 333.62 feet; thence S0°2T28"E 723,10
feet; thence S89a36'32"W 333.60 feet; thence N0'23'35"W 723.10 feet to the POINT OF
BEGINNING, said tract contains 5.538 acres, all as shown hereon. Subject to and
together with easements as shown. Subject to and together with easements of record.
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KALISPELL NORTH TOWN CENTER - PHASE II
LEGAL DESCRIPTION
A tract of land located in the south half of Section 19, and the north half of Section 30, Township 29
North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows:
Commencing at the northwest comer of said Section 30, Township 29 North, Range 21 West, P.M.,M.,
Flathead County, Montana; thence along the north line of said Section 30, S89041'21 "E, 69.85 feet to a
point on the east boundary of U.S. Highway 93 right-of-way and the POINT OF BEGINNING; thence
continuing along the north line of said Section 30, S89°41'21"E, 1237.79 feet to the west sixteenth comer
common to said Sections 19 and 30; thence along the sixteenth line of said Section 19, N00°33'20"W,
524.92 feet, thence leaving said sixteenth line, S89459'34"E, 562.05 feet; thence N00°00'11"E, 35.10 feet;
thence S89°59'49"E, 60.00 feet; thence S00000'11"W, 555.00 feet; thence S44'59'55"E 7.07 feet; thence
EAST 275.88 feet to the beginning of a 1040.00 foot radius curve to the right; thence along said curve
223.72 feet through an angle of 12' 19'30"; thence S77°40'30"E, 144.74 feet to the beginning of a 1360.00
foot radius curve to the left; thence along said curve 621.28 feet through an angle of 26°10'27"; thence
N76-09"04"E, 150.75 feet, to the beginning of a 1040.00 foot radius curve to the right; thence along said
curve 251.33 feet through an angle of 13050'46"; thence N89°59'50"E 1706.09 feet to a point on the east
line of said Section 19; thence along said east line, S00°37'29"E, 41.97 feet to the southeast corner of
said Section 19; thence along the south line of said Section 19, said south line also being the north line of
Tract B of Certificate of Survey No. 20570, on file in the office of the Cleric and Recorder,. N89°40'24"W
687.79 feet to the northwest corner of said Tract B; thence along the west line of said Tract B,
S00a12'33"E 41.98 feet; thence S89°59'50"W, 1018.92 feet to the beginning of a 960.00 foot radius curve
to the left; thence along said curve 231.99 feet through an angle of 13°50'46"; thence S76°09'04"W,
150.75 feet to the beginning of a 1440.00 foot radius curve to the right; thence along said curve 657.83
feet through an angle of 26010'27"; thence N77040'30"W, 144.74 feet to the beginning of a 960.00 foot
radius curve to the left; thence along said curve 206.51 feet through an angle of 12°19'30"; thence WEST
265.89 feet;. thence S45000'05", 7.07 feet, thence S00°00'11 "W, 1235.11 feet; thence WEST 1763.36
feet; thence S83'21'33"W, 65.88 feet; thence N89"48`47"W, 40.18 feet to a point on the east line of U.S.
Highway 93 right-of-way; thence along said east line N00°11'11 "E, 76.39 feet; thence leaving said east
line and along the south and east lines of Lot 2, Block 1 of the plat of Kalispell North Town Center - Phase
1, on file in the office of the Clerk and Recorder, for the following three courses: 1) S89048`47"E, 30.09
feet; 2) S83027'28"E, 77.25 feet; 3) NORTH 680.10 feet to the southwest corner of Lot 1, Block 1 of said
plat of Kalispell North Town Center - Phase 1; thence along the southerly, easterly and northerly lines of
said Lot 1 for the following five courses: 1) EAST 436.73 feet to the beginning of a non -tangent curve to
the right, said curve having a radial bearing of S50°58'21"E and a radius of 430.00 feet; 2) along said
curve for a distance of 382.54 feet, through an angle of 50°58'20"; 3) EAST 256.08 feet; 4) NORTH
340.77 feet; 5) WEST 1026.85 feet to the northeast corner of said Lot 2; thence along the north line of
said Lot 2, WEST 103.09 feet to a point on the east line of said U.S. Highway 93 right-of-way; thence
along said east line N00°14'37"E 86.78 feet to the POINT OF BEGINNING. Said Tract contains 56.926
acres.
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EXHIBIT "B"
PROJECT
Final Plat Phases I & 2 Kalispell North Town Center
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Exterior Boundary &F Parcels 1 through 2.1
As petalled in Commitment For Title Insurance
Issued by: Chico Tithe Imurarnce company
Order Number. CS-46420
Efflictive Date. March 14, 2007 at 8b0 AM.
A bact Of land located Its Sect Ow 19 A 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more
particularly described as follows
Beginning at the northwest comer of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County,
Montana; thence along the north line of said Section 30, North OP40'28' West 687BI feet W the northwest corner of
that parcel desaihed in Document No. 200436509500, records of Flathead County, Montana; thence along the west fine
Of said parcel, and continuing along the west line of that parcel deed in Document No. 200221914230, records of
Flathead County, Montana, South 00'12'44" Fast 1324.27 feet to the southwest comer of the first above described parcel
and the north line of the Southeast Quarter of the Northi asr quarter of the above said Section 30; thence along the
south fine of said parcel and the north fine of said aliquot part;, South EW4Z14" East 687.92 Beet to the northeast corner
of the Southeast Quarter of the iNmrfeast Quarter of said Seddon 30; thence along the east line of said aliquot part,
South D00131020 Fast 1323.95 feet to the southeast corner thereof; thence along the south line of said afleluot part; North
8904218" West 30.00 feet to the westerly right-of-way line of Whlteffstu Stage Road, a sfidy foot wide Dedared County
Road; thence along said westerly right-of-way line of said WhL%Ish Stage Road, North 00013'or West 1032.35 feet to
the northeast comer of that parcel desvlbed in Document No. 9D19816340, records of Flathead County, Montana; thence
along the north line of said parcel, South 89007119" West 726.99 feet to the northwest comer of saki parcel; thence along
the west line of said parcel, South 00012'59' East 1017.47 feet to the south here of the above-saald Southeast Quarter of
the Nortieast (quarter of Section 30; thence along the south line of said aliquot part, North 8r42'18' West 567.43 feet th
the smAheast cur rw of the Southwest Quarter of the Northeast Quarter of the above -said Section 30; thence along the
south line of said alicluot part, NwM 89e4129" West 993.26 feet to the nordmest corner of that parcel described In
DOCu rent No. 940761ZWD, records of Flathead County, HmUna; thence along the west One of said parcel, South
WWI' East 1324.29 feet to the northwest comes of that parod described In Document No. 8430608100, records of
Flathead County, Montana; thence along the west line of said parcel, South 0061521" Fast 1294.33 feet to a point on the
northerly right-of-way fine of West Remw Drive (Montana Kghway Project No. IRS 548-1(2)4); thence along said right-
of-way tine of said West Reswirer Drive, North 89444'17' West 330.86 feet bo a paint an the west line of the Southwest
Quarter of the Southeast Quarter of the above-sald Section 30, theme along sated west line of said aliquot part, North
00'15'40' West 694.72 feet to the northeast corner of that parcel described In Document No. 200119710190, n:cwrds of
Flathead County, Montana; thence afeong the riorth fine of said parcel, North 89W43' West 00.36 feet to the
approArnate thread of the Stillwater Rhea; theme atung said thread of said Stillwater Rlvws the following ben (10)
courses:
North 51"4338" west 36.49 feet; North 7501330" West 65.45 feet;
South 50042'04 West 29130 %et; South 7P30'07" West 128.45 feet;
North 55°32'34" West 10035 feet North 01°0727" Fast 9Z.74 feet;
North 4802043' Fast M.54 feet; North 14°48'53" East 122.29 beet;
North 12011'01" West 142.46 feLt and North 22022'01" West 265.55 feet,
more or leers, to the north boundary of Government Lot 4 of the above-sald 5ech1®n 30; thence along said north bormdairy
of said Govemment Lot 4, South 89043'03' Fast a distance of 530,65 feet; to the southwest comer of the Northeast
Quarter or the Southwest Quarter of said Section 30, thence along the west line of said aliquot part, North 0D023'28"
West a distance of 132529 feet to the southeast corner of Govesrunerut Lot 2 of said Section 30, thence along the south
line of said Government Lot 2, North 89114228' West 933.90 feet to the southeast comer of that parcel described In
Document No. 200323114280, records of Flathead County, Montana; thence- along the south One of said panxl, North
89°42'2B" West 319.63 feet to the eaast9edy right-of-way line of U.S. Highway No. 93 {Highway Project F5-3(32j115);
thence; along said early right-of-way lure of said highway the following four courses: Nosh 041129158" Fit 189.11 feet;
North 00011'13" bast 340.08 feeet; North 04°34'11' West 60.20 feet; and North 00011'13" East 11.62 feet to a point on
the saute line of that parcel described in Document No. 90DD816200, recants of Flathead County, Montana; thence
ouxrtinuing along the e3asberfy rfght-ofway of said U.S. Highway 93 the following three courses:
North 0711'13" East 28.38 feet, North 13e36'03' West 41.31 fee#, and forth 00°ii'13"'East 591.75 That to the
northwest corner of the first above said parcel; thence eaorrFJnuing along said easberty boundary of said highway right-oF
way, North W1113' Fast 64.13 feet to the south lure of Govemment Lot 1 of the above said Section 30; thence
continuing In Bald Govemment hot 1, through five Courses along the above said east boundary of U.S. highway 93 right -
or -way:
North 011°11'13" East 164.00 feel:; North 1401,3'73" East 61.85 t&-4
North 00-1101- East 940.05 feet; North 13'56'35" West 61.89 feet;
and North 00010'44' East 100.60 feet to a point on the north line of the above sold Government Dot 1; ttrence along said
north line of said Government lot 1, South 89041'25' East 1237.84 feat to the southeast comer of that parcel shown as
Tract 6 on pert1fiydth of Survey No. 4491, Retards of Flathead County, Montana; thence continuing in Section 19,
Tawndp 29 North, Range 21 West, P.M.,M., Hathe°.ad County, Montana and along the east line of said Tract 6, North
000331310 West 660.25 rues( to the southeast courser of that parcel shown as Tract 5 on the abavre:-said Certificate of
Survey No. 4491; thence along the east line of said Tract 5, North 0003331" West 660.25 feet to the southwest muter of
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that parcel shown as Tract 8 on the above -said Certificate of Survey No. 4491; thence along the south fine of said Tract
6, South 89046102/ East 1327.80 feet to a point on the west line of the Southwest Quarter of the Southeast Quarter of
said Section 19; thence along Bald west line of said aliquot part, North iO"34'07" West 5.45 feet to a point on the north
line of safd aliquot part; thence along the north line of said aliquot part, and along the south fine of that tract of land
shown on Certificate of Survey No. 3813, records of Flathead County, Montana, South 89°53'OV East 1377.15 feet to the
west line of that parcel described In Document No. 9116514510, records of Fathead County, Montana; thence along said
west line of said parcel, South 00012'54" West, 34.20 feet to the southwest corner thereof; thence along the south line of
said parcel and contnuing along the south line of that parcel described In bocunhent No. 200221414500, records of
Fathead County, Montana, South 8rST49" E3s4 1272.80 feet to the east line of the Southeast Quarter- of the Southeast
Quarter of the above said Secdon 19, thence along the east line of said aliquot part South 0003731" East 1303.19 feet
to the Po1nt of ftlnning.
The exterior boundary surrounding Tracts 1 through 11, as described above, encompasses 485.481 acres of land.
SUB3E'CT TO thane exceptions shown an Commitment For Trde Insurarum, Imued by Chicago Title Insurance Company,
order number CGA6420, effective date: March 1
201800009043
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EXHIBIT "D„
USE RESTRICTIONS
1. Environmental remediation facility;
2. Exterminating service;
3. Butane distribution;
4. Exterminating and fumigating warehouse;
5. Bulb storage of gasoline or fuel oil tanks.
G. Bulk storage of paint and varnish (except as incidental to retail sales);
7. Petroleum products packaging and storage (except as incidental to retail sales);
8. Adult book store or adult novelty store (meaning a store primarily engaged in the sale,
rental, distribution or display of pornographic, lewd, sexually explicit or so-called adult
materials and not a general interest bookstore such as Barnes & Noble or B.Dalton or a
full -line video store such as Blockbuster Video, Video Update or Hollywood Video);
9. Adult theater or so-called "gentlemen's club" featuring nude, topless or scantily clad men
or women;
10. Day labor hiring hall;
11. Pawn shop;
12. Religious mission, including a charity dining hall;
13. Commercial loading of small arms or manufacture of ammunition;
14. Rock quarrying, sand and gravel or other mineral extraction;
15. Any assembling, manufacturing, distilling, refining, smelting, agriculture or mining
operation;
16. Transit terminal (except to the extent required by government authorities having
jurisdiction);
17. Propane sales (except as incidental to other retail sales or service);
18. Drive-in movie theater;
19. Tattoo establishment;
20. Body -piercing establishment;
21. A second-hand store, thrift store, swap shop, liquidation outlet or used clothing store,
including any business that regularly sells merchandise referred to as "odd lot",
"cancellation", "second", "factory reject", "sample", "floor model", "floor demonstrator",
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"obsolescent", "distress", "salvage" or "damaged", but this shall not prohibit the operation
of a typical Ross or T.J. Maxx store or comparable store,
22. An auditorium or other general place of assembly;
23. Concrete or cement products manufacturing;
24. Plating or polishing shop (except as incidental to a jewelry store);
25. Plating works or electric plating (except as incidental to a jewelry store);
26. Foster home or group foster home;
27_ Farm devoted to hatching, raising, breeding and marketing of chickens, turkeys or other
foul, rabbits, fur -bearing animals or fish;
28. Feeder lot for horses, cattle, goats or sheep;
29. Farm;
30. Bail bond company;
31. Cannery, slaughter house or meat processing or packaging plant;
32. Cesspool service;
33. Flour or grain elevator;
34.Outdoor hay and straw storage;
35. Massage establishment (except for massage services offered by a health club, fitness
center, day spa beauty salon, beauty parlor, barber shop, nurse or chiropractor);
36. Repair and rewinding of transformers or generators;
37. Outdoor paving materials storage;
38. Welding shop;
39. Wrecking yard or junkyard;
40. Shelter or dormitory intended to provide temporary shelter;
41. Residential uses;
42. Carnival;
43. Dumping or disposal of garbage or refuse (except as may be incidental to an otherwise
permitted use);
44. Flea market;
45. Booths for the sale of fireworks;
46. Rehabilitation or treatment center for physical, mental or substance abuse;
47. A cemetery, crematorium, funeral home, funeral parlor, or facility for the sale of caskets;
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48. A so-called "head shop" or facility for the sale, rental, distribution or display of drug
paraphernalia such as roach clips, bongs, water pipes, coke spoons, cigarette wrapping
papers, pipes and/or syringes;
49. The sale, rental or storage mobile homes (but this shall not prohibit the promotional
display of motor vehicles (but not mobile homes) in the common areas);
50. Churches, temples or other houses of religious worship;
51. The conduct of any auction, loss of lease, fire, bankruptcy or going out of business sale;
52_ A school, including the operation of a pre-school or day care center;
53. Any business which operates on a part-time basis for only a portion of the week or
month;
54. Any outdoor sales or display of merchandise, other than ancillary to the operation of a
business conducted on the Parcel and which is approved by Declarant;
55. Or any other business which creates strong, unusual, obnoxious or offensive odors,
fumes, dust, dirt, fly ash or vapors, is a public or private nuisance, emits noise or sounds
which are objectionable due to intermittence, beat, frequency, shrillness or loudness,
creates any unusual fire, explosion or other damaging or dangerous hazard (including the
storage, display or sale of explosives or fireworks).
IIIII11i1111111111111 111hil11111111111111111111111111111111101 � 111111111111111 IN Page! 85 off° 53
Fees. S121.00
518, 2018 10:23 AM
2018_02KNTC
Toby McIntosh
From: Tierney, Michael <mtierney@mt.gov>
Sent: Tuesday, July 18, 2023 1:23 PM
To: Toby McIntosh
Cc: Franke, Rebecca; jeff@lhcmt.com; Vosen, Bob; Juelfs, Justun; Brelin, Stanton; Zody, Joe;
Murfitt, Tyrel
Subject: RE: KNTC Phase 6 update
Hi Toby — MDT has reviewed the KNTC approach proposal submitted on 06/08/2023 and concur with the location.
Please let me know if you have any questions,
Mike
Mike Tierney
MONTANA
Dapariment-PG TroWpori.a!iaq
Planner - Policy, Program, and Performance Bureau
Rail, Transit, & Planning Division
2701 Prospect Ave
PO BOX 201001
Helena, MT 59601-2001
email: mtierney@mt.gov; ph: 406-444-9416
From: Toby McIntosh <tmcintosh@jackola.com>
Sent: Monday, July 10, 2023 12:48 PM
To: Tierney, Michael <mtierney@mt.gov>
Cc: Franke, Rebecca <rfranke@mt.gov>; jeff@Ihcmt.com; Vosen, Bob <rvosen@mt.gov>; Juelfs, Justun <jjuelfs@mt.gov>
Subject: [EXTERNAL] RE: KNTC Phase 6 update
Good afternoon Mike,
I wanted to follow-up on my voicemails to see if MDT has reviewed the plan as you mention in your email
below? I know everyone is super busy, so for efficiency please let me know if there is anything you need from
Jeff or myself. At this stage, I am just looking to have something to support our preliminary plat application to
the City.
Thanks,
Toby
From: Tierney, Michael <mtiernev@mt.gov>
Sent: Thursday, June 8, 2023 2:52 PM
To: Toby McIntosh <tmcintosh@jackola.com>
Cc: Franke, Rebecca <rfranke@mt.gov>; jeff@lhcmt.com; Vosen, Bob <rvosen@mt.gov>; Juelfs, Justun <iiuelfs@mt.gov>
Subject: RE: KNTC Phase 6 update
Hi Toby — We have a classic disconnect with submittals. Please allow me to circulate the attached plan to my colleagues
so they can be sure of the plan being approved. Sorry for the inconvenience. Thanks,
Mike
From: Toby McIntosh <tmcintosh@iackola.com>
Sent: Thursday, June 8, 2023 2:28 PM
To: Tierney, Michael <mtierney@mt.gov>
Cc: Franke, Rebecca <rfranke@mt.gov>; ieff@lhcmt.com; Vosen, Bob <rvosen@mt.gov>; Juelfs, Justun <iiuelfs@mt.gov>
Subject: [EXTERNAL] RE: KNTC Phase 6 update
Mike,
I wanted to clarify something as my email on 5/24 included in this thread may cause some confusion since I
have a screenshot of the "old" layout and the attached "new" plan is no longer a part of the email thread. To
make sure we are all on the same page, this screenshot and the attached pdf captures the plan we will use to
move forward with preliminary plat with the city of Kalispell and continued coordination with MDT. Please
confirm.
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Thanks,
Toby
From: Tierney, Michael <mtierney@mt.gov>
Sent: Thursday, June 8, 2023 11:24 AM
To: Toby McIntosh <tmcintosh@iackola.com>
Cc: Franke, Rebecca <rfranke@mt.gov>; ieff@lhcmt.com; Vosen, Bob <rvosen@mt.gov>; Juelfs, Justun <iiuelfs@mt.gov>
Subject: RE: KNTC Phase 6 update
Hi Toby — MDT agrees the latest conceptual approach location submitted 05/24/2023 for the KNTC Phase 6 & 7 can
move forward in the review process.
MDT proposes a scoping meeting to discuss the developer's plan for full build of the phases, particularly if there is a
need for an interim stop controlled intersection with US 93 prior to warrants being met for a signal. MDT may require
additional traffic analysis for warrants and such. Also, a Developer's agreement with MDT may be required including a
financial guarantee for phased improvements.
When you are ready please request an approach permit in the Maintenance Permit System for the approach including
phasing information, geometric designs, the latest site plan, and any environmental documentation required for the
checklist. MDT will also need to review the hydraulics plan for the proposed phases.
Any associated sidewalks, SUPS, landscaping or storm drain facilities proposed in the r/w will require a separate
encroachment permit.
If you have any questions as to review process please call me. Thanks,
Mike
Mike Tierney
1WI NTANA
Department of Transportation
Planner - Policy, Program, and Performance Bureau
Rail, Transit, & Planning Division
2701 Prospect Ave
PO BOX 201001
Helena, MT 59601-2001
email: mtierneyCcDmt.gov; ph: 406-444-9416
From: Toby McIntosh <tmcintosh@iackola.com>
Sent: Wednesday, May 24, 2023 9:29 AM
To: Tierney, Michael <mtiernev@mt.gov>
Cc: Franke, Rebecca <rfranke@mt.gov>; ieff@lhcmt.com; Vosen, Bob <rvosen@mt.gov>
Subject: [EXTERNAL] KNTC Phase 6 update
Good morning Mike,
Jeff and I met with the City to review the latest layout provided to MDT and make sure we were aligned
for our preliminary plat application. We were reviewing the layout where the new access is proposed
along the Cemetery Boundary (see screenshot below).
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When we met with the City, their preference was to flip the new street and southern lots as shown in
the attached layout. Jarod from the City discussed this with Bob on Monday and Jeff and Bob discussed
this yesterday as well and it sounded like there was support with the change. I know that the layout in
the screenshot above was being circulated internally, but I would like to switch this out with the
attached plan. Please let me know if we need a quick call to discuss.
Thanks,
Toby
Toby McIntosh, PE
Lead Civil Engineer
Jackola Web Site f oackola.coml
406-755-3208 Office
406-755-3218 Fax
Click here to securely send me files
[iackola.fi letransfers. netl
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F [C V
GEOTECHNICAL INVESTIGATION REPORT
Kalispell North Towne Center Subdivision Phase 6-7
Kalispell, Montana
Alpine Geotechnical Project No. 23-907
September 15, 2023
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Prepared for.
Stillwater Corporation
Prepared by:
LPINE
GEGTECHNICAL
120 Round Stone Drive, Suite 101
Kalispell, Montana 59901
406.257.6479
LPINE
GEOTECHNICAL
September 15, 2023
Attn: Stillwater Corporation
Jeff Claridge
jeff(o-)-lhcmt.com
Cc: Toby McIntosh, PE
tmcintosh(o-)-iackola.com
Re: Report of Subdivision Geotechnical Investigation
Kalispell North Towne Center Subdivision Phase 6-7
Kalispell, Montana
Dear Mr. Claridge:
Alpine Geotechnical, LLC (Alpine) has completed the geotechnical investigation for the
planned commercial subdivision defined as Kalispell North Towne Center Phase 6-7 in
Kalispell, Montana. We were asked to provide geotechnical information and recommendations
needed to assist with the design, development, and construction of the subdivision phase of
this project. Therefore, general site grading, underground utilities, and roadways are the focus
of this report. The results of our field investigation, observations, exploration location plan, and
boring logs are included in this report. Our services were provided in accordance with our
proposal dated August 2, 2023 and subsequent authorization to proceed.
We appreciate the opportunity to be of service to you during the design phase of your project,
and look forward to assisting you during the construction phase. If you have any questions
concerning this report, or if we may be of further service to you, please contact us.
Sincerely,
ALPINE GEOTECHNICAL, LLC0oT
KAGAN
RUTZ
17P::-
Kagan Rutz, P.E.
Principal/Senior Engineer ,� _,C
TABLE OF CONTENTS
SUMMARY OF KEY GEOTECHNICAL CONSIDERATIONS................................................. i
INTRODUCTION................................................................................................................... 1
PROJECT INFORMATION.................................................................................................... 1
EXPLORATION PROCEDURES........................................................................................... 1
FIELD EXPLORATION............................................................................................................ 1
LABORATORY TESTING........................................................................................................ 2
SITECONDITIONS............................................................................................................... 2
SUBSURFACE CONDITIONS............................................................................................... 2
GEOLOGY............................................................................................................................ 2
SOILCONDITIONS................................................................................................................ 3
GROUNDWATER CONDITIONS............................................................................................... 4
ENGINEERING RECOMMENDATIONS................................................................................4
GEOTECHNICAL CONSIDERATIONS........................................................................................ 4
SITE PREPARATION.............................................................................................................. 5
EARTHWORK....................................................................................................................... 5
PAVEMENTS........................................................................................................................ 7
CLOSURE/LIMITATIONS..................................................................................................... 9
APPENDIX A
Exploration Location Plan
Boring Logs
APPENDIX B
Laboratory Test Results
APPENDIX C
General Notes
Unified Soil Classification System
SUMMARY OF KEY GEOTECHNICAL CONSIDERATIONS
Based on the information obtained from our subsurface, the site can be properly developed for the
proposed project with implementation of the recommendations contained in this report. The following
is a summary of Alpine's key geotechnical considerations and recommendations for development.
Et The subsurface conditions across the site consist of variable thickness of organic silt topsoil
ranging from 0.8 to 2.5 feet thick.
The native soils in the upper 5 feet primarily consist of fine-grained silt, sandy silt, and coarse -
grained silty sand, except for the area where Cascade Loop will connect, which consists of
silty gravel with sand glacial till.
El Instability of both subgrade and utility trench excavations is a concern, especially in loose,
silty sand areas. Portions of the site are atop a glacial till drumlin, which will present difficult
excavation and presence of cobbles and boulders.
Groundwater was not encountered at the time of the field investigation but may be as high
as 10 feet below the surface seasonally in low lying areas.
The recommended urban local pavement section for roadways and parking areas is 4 inches
of asphalt pavement, 4 inches of crushed base course, and 9 inches of subbase course atop
geotextile fabric over properly prepared subgrade. The recommended major collector
pavement section is 4 inches of asphalt, 6 inches of base, and 12 inches of subbase atop
geotextile fabric over properly prepared subgrade.
Close monitoring of the construction operations discussed herein will be essential in
achieving the design foundation support for both building and pavement improvements. It
is therefore critical that Alpine Geotechnical be retained to provide observation/testing
during the earthwork portion of the project to help ensure satisfactory performance.
This summary should be used in conjunction with the entire report for design purposes. It should
be recognized that details were not included or fully developed in this section, and the report must
be read in its entirety for a comprehensive understanding of the items contained herein. The section
titled CLOSURE/LIMITATIONS should be read for an understanding of the report limitations.
The FOuricia#iOri Of a SL1CC8SSf1J1 Project
GEOTECHNICAL INVESTIGATION REPORT
KNTC Subdivision Phase 6-7
Kalispell, Montana
Alpine Geotechnical Project No. 23-946
September 15, 2023
INTRODUCTION
Alpine Geotechnical has completed a subsurface investigation for the planned commercial
subdivision, Phase 6 of Kalispell North Towne Center (KNTC) in Kalispell, Montana. In
accordance with our proposal, a total of eight (8) borings were drilled to investigate subsurface
conditions in the areas of planned development. The purpose of this report is to describe the
subsurface conditions encountered in the borings, present the test data, and provide final
geotechnical recommendations for subdivision development including earthwork, underground
utilities, and roadways.
PROJECT INFORMATION
The project includes development of a 14-lot commercial subdivision, which consists of two larger
lots over 10 acres and twelve smaller commercial lots. The project includes full site development,
including underground utility installation (water, sewer, gas, electric) along with paved access
roads and parking areas.
EXPLORATION PROCEDURES
Field Exploration
Subsurface exploration took place August 14, 2023, and included eight (8) borings, designated DH-
1 through DH-8 drilled within the proposed development areas to depths of 11.5 to 17.0 feet below
existing grade. The acronym `DH' denotes `drill hole'. The exploration location plan and individual
logs of each boring are included in Appendix A.
The borings were advanced using a truck mounted, rotary drill rig (Diedrich D50) using continuous
flight hollow -stem augers owned and operated by Alpine Geotechnical. The double ring test pit
was excavated using a CAT 303 compact excavator operated by Alpine Geotechnical.
Representative samples were obtained by split -barrel sampling methods in general accordance
with applicable ASTM D1586, where the standard penetration resistance value (SPT-N) is
determined based on the number of blows required to advance a standard 2-inch outside diameter
split -barrel sampler the last 12 inches of the typical total 18-inch penetration by means of a
140-pound hammer with a free fall of 30 inches. This value is used to estimate the in -situ relative
density of cohesionless soils and consistency of cohesive soils. Collected samples were tagged for
The Foundation of a Successful Project
Geotechnical Investigation Report A�LPI E
KNTC Subdivision Phase 6-7 ■ Kalispell, Montana
September 15, 2023 ■ Alpine Project No. 23-946 'GECITECHNICAL
identification, sealed to reduce moisture loss, and taken to our laboratory for further examination,
testing, and classification. Information provided on the boring logs attached to this report includes
soil descriptions, consistency evaluations, boring depths, sampling intervals, and groundwater
conditions. The borings were backfilled by the drill crew with auger cuttings at the conclusion of each
boring.
A field log of each boring was prepared by our geotechnical engineer. These logs included visual
classifications of the subsurface materials encountered during drilling as well as the driller's
interpretation of the subsurface conditions between samples. Final boring logs included with this
report represent field classifications, modified as needed based on laboratory tests of the samples.
The logs also contain the field SPT results, natural moisture content, groundwater information, and
any boring -specific comments.
Laboratory Testing
Representative portions of each recovered sample obtained during the field investigation were
sealed in air tight containers and transported to our laboratory for further visual and laboratory
examination. Each sample obtained during the field investigation was tested for natural moisture
content. Selected samples were tested for particle size (ASTM C136 & C117), liquid limit, plastic
limit, and plasticity index (ASTM D4318), Standard Proctor (ASTM D698), and California Bearing
Ratio (ASTM D1883) to aid in soil classification and provide input for our analysis. A description
of the laboratory test results is included in the Soil Conditions section of this report, and complete
results of the laboratory tests are attached in Appendix B. Based on our field classifications and
laboratory test results, the estimated group symbol for each stratum is shown on the logs,
according to the Unified Soil Classification System (USCS). A brief description of the USCS is
attached to this report in Appendix C, along with General Notes that provide explanation of the
USCS.
SITE CONDITIONS
Based on our observations, the property varies in elevation by as much as 10 feet is generally at the
same elevation or slightly higher than the adjacent access roads and properties. The site is
undeveloped and is situated between existing commercial development to the north, a cemetery to
the south, US Highway 93 to the west, and undeveloped to the east. Placement of suitable fill in
these areas will be discussed in detail in the Earthwork section of this report. The Exploration
Location Plan included in Appendix A illustrates the boring locations on aerial imagery.
SUBSURFACE CONDITIONS
Geology
The site is in Kalispell, Montana, which lies in the Rocky Mountain Trench bounded by the Salish
Mountains to the west and the Swan Range to the east. These mountain ranges were formed
during Tertiary tectonic activity in which Precambrian Belt rocks were faulted and uplifted.
Pleistocene mountain and continental glaciation advanced generally southeastward through the
The FOLVIdatiorl of a S41cc8sSf1JI Project 2
Geotechnical Investigation Report
KNTC Subdivision Phase 6-7 ■ Kalispell, Montana
September 15, 2023 ■ Alpine Project No. 23-946
Ik
A�LPI N E
—GEOTECHNICAL
trench in the vicinity of Kalispell depositing generally competent till soils beneath the base of the
ice sheet. As the glaciers retreated, a sequence of weaker lakebed and outwash alluvial soils
were deposited over the glacial till as meltwater accumulated in areas where drainage was
impeded by morainal features. The site is located west of Kalispell where glacial outwash
deposits consisting of silt, fine sand and lean clay comprise much of the near -surface landform.
However, near -surface glacial till gravel was encountered in one isolated boring (DH-1), along the
northwestern portion of the site. Glacial till gravel was also encountered in Boring DH-4 at a depth
of 8 feet below the surface.
Soil Conditions
Based on the results of the borings, subsurface conditions across the site include topsoil 0.8 to
2.5 feet thick atop native inorganic. The native soils on the west central portion of the property
where Cascade Loop will enter the property are on a glacial till drumlin. Therefore, Borings DH-
1 encountered loose silty sand atop medium dense to very dense silty gravel with sand and silt
below the topsoil. The glacial till drumlins are in a slight northwest to southeast orientation based
on geologic mapping. Therefore, Boring DH-4 encountered the same glacial till at a depth of 8
feet. The glacial till extends to the total depth explored of 17 feet. All other borings DH-2, DH-4,
and DH-5 through DH-8 contain variable thicknesses at variable depths of silty sand, sandy silt,
or lean clay to the total depth explored.
The fine-grained glacial outwash sandy silt, silt, and lean clay soils encountered across the site
in medium stiff to very stiff, based upon Standard Penetration Test (SPT) N-values that range
from 7 to 22 blows per foot. Natural moisture contents in these strata range from 6 to 28 percent,
dependent on composition. Silty sand areas are loose to medium dense, based upon field SPT
N-values ranging from 3 to 21 blows per foot. The underlying glacial till encountered in Borings
DH-1 and DH-4 below 8 feet is primarily very dense, based on typical SPT N-values ranging from
58 to 69 blows per foot. The upper portion of the glacial till is medium dense near surface at
Boring DH-1, as is the lower portion below 15 feet at Boring DH-4.
Subsurface conditions encountered at each boring and test pit location are indicated on the
individual logs. Stratification boundaries on the boring logs represent the approximate depths of
changes in soil types. The in -situ transition between materials may be gradual. The attached
logs should be reviewed for a detailed description of the conditions encountered at the individual
investigation locations.
Particle size testing (ASTM C117 & C136) of soils taken from the borings are shown in the table
below:
Boring
Depth (ft)
Passing No. 4
Passing No. 200
Classification
BULK
1.0
100
40
Silty Sand (SM)
DH-1
5.0
57
21
Silty Gravel with Sand (GM)
The FOLVIdatiOri of a S41ccE!sSf1JI Project 3
Geotechnical Investigation Report
KNTC Subdivision Phase 6-7 ■ Kalispell, Montana
September 15, 2023 ■ Alpine Project No. 23-946
A�LPI N E
—GEOTECHNICAL
DH-3
5.0
100
59
Sandy Silt (ML)
DH-8
10.0
100
13
Silty Sand (SM)
Liquid -limit, plastic limit, and plasticity index testing (ASTM D4318) of soils taken from select
borings are shown in the table below:
Boring
Depth (ft)
Liquid Limit (%)
Plasticity Index (%)
Classification
DH-2
6.0
28
8
Lean CLAY (CL)
A Standard Proctor (ASTM D698) was conducted on a bulk sample of silty sand taken in the upper
3 feet, which yielded a maximum dry density of 115.2 pounds per cubic foot (pcf) at optimum
moisture of 12.4 percent. A California Bearing Ratio test completed according to ASTM D1883
on the same silty sand bulk sample produced a value of 12.8%, for compaction to 95% or standard
Proctor maximum dry density. Complete laboratory test results are included in Appendix B.
Groundwater Conditions
The borings were observed while drilling and immediately after completion for the presence and
level of groundwater. Static groundwater was not encountered during the field investigation, but
there was evidence of seasonally high groundwater in Boring DH-5 as shallow as 10.5 feet below
the surface, and the silty sand was wet below 16.5 feet in Boring DH-8.
It should be recognized that fluctuations of the groundwater table will occur due to seasonal
variations in the amount of rainfall, runoff, and other hydrologic factors not evident at the time the
borings were performed. Therefore, groundwater levels during construction or at other times in
the future may vary relative to the conditions indicated on the logs.
ENGINEERING RECOMMENDATIONS
Geotechnical Considerations
From a geotechnical perspective, the proposed roadway and utility infrastructure project can be
installed by open trench excavation methods, provided the recommendations presented in this
report are considered and all applicable excavation safety regulations are followed. The
excavations for utility installation will be conducted primarily in fine-grained soils consisting of stiff
to medium stiff silt, sandy silt, and loose silty sand in most areas. The consistency of the soils
explored was variable, which will require different methods to provide excavation stability. All
fine-grained areas of the project should be characterized as OSHA Type C excavation soils.
Particular attention should be given to open excavations in the areas of loose silty sand as well
as potential seepage zones which will be more prone to sloughing/caving. The presence of
cobbles and boulders and difficult excavation should also be anticipated along the area identified
on the Exploration Location Plan that generally runs northwest to southeast in the alignment of
Borings DH-1 and DH-4 where the glacial till drumlin is present. Groundwater is unlikely to be
The FOLVIdatiorl of a SUCC8SSfUI Project 4
Geotechnical Investigation Report A�LPI E
KNTC Subdivision Phase 6-7 ■ Kalispell, Montana
September 15, 2023 ■ Alpine Project No. 23-946 'GECITECHNICAL
encountered in the upper 10 feet below the existing surface, but may be encountered between 10
and 15 feet below the surface, especially in low lying areas of the existing surface.
We anticipate that on -site soils will be used for subdivision mass grading. There will be significant
variability as noted in this report, with all classifications of soil ranging from lean clay to silty gravel
with sand encountered in the upper 10 feet of the profile. Cut depths of less than 5 feet will
primarily encounter silt, sandy silt, silty sand. Silty gravel with sand will be encountered along the
glacial till drumlin shown on the boring map. Water conditioning, wetting, or drying, should be
anticipated based on the moisture contents that were measured. However, the magnitude of
wetting or drying of backfill soils to facilitate compaction will depend on the timeframe of
construction and moisture conditions at that time. The organic topsoil materials encountered in
the upper zones of the soil profile are not acceptable for use as backfill, and should not be used
as subsurface trench backfill, but can be placed atop the trench to match the existing topsoil
thickness in non -pavement or other non-hardscaped areas. Representative samples of each
backfill material should be taken from mixed excavation spoil piles for laboratory maximum dry
density (Proctor) testing. Trench compaction will be best accomplished via sheepsfoot, or static
compaction equipment in fine-grained areas. Adequate trench backfill density should be achieved
through compaction after ensuring that the moisture content and lift thickness are appropriate.
We suggest water conditioning to within 3 percent of optimum moisture content of backfill
materials be completed outside the trench. Trenches should be backfilled in maximum loose lift
thicknesses of 8 to 12 inches (depending on compaction equipment) followed by compaction to a
minimum of 95 percent of standard Proctor (ASTM D698) density or as otherwise specified in the
contract documents. Imported granular trench backfill that meets the City of Kalispell
requirements for mainline utility backfill should be used within their right-of-way and all settlement -
sensitive areas below hardscapes.
Site Preparation
To prepare the site for construction, all existing near surface topsoil/organic matter, surficial
weeds/grasses, and any encountered cobbles/boulders should be completely removed under all
building and roadway/parking areas. The native fine-grained subgrade (silt/silt with sand) once
encountered should be cut neatly using a smooth -lipped bucket and surface compacted with a
smooth -drum compactor. Areas with coarse grained subgrade (silty sand or silty gravel with sand)
should be water conditioned and thoroughly recompacted to a minimum of 95% of standard
Proctor maximum dry density.
The subgrade in roadway and parking areas should be proof load tested using rubber -tired
construction equipment, and should be stable under that loading following proper preparation. All
fill materials should be placed according to the following Earthwork section of this report.
Earthwork
Excavated materials not suitable for use as backfill should be disposed of off -site. The exposed
subgrade should be stable under the loading of construction equipment, thoroughly recompacted
and tested by Alpine personnel prior to fill placement. Depending on the season of construction
and other factors such as defined haul routes, instability may develop that will require subgrade
The Founciaftrl of a SUCC8SSfUI Project 5
Geotechnical Investigation Report A�LPI E
KNTC Subdivision Phase 6-7 ■ Kalispell, Montana
September 15, 2023 ■ Alpine Project No. 23-946 GECITECHNICAL
stabilization. Our engineering staff should be consulted if this situation develops to provide
stabilization recommendations, such as subexcavation and replacement, or geotextile/geogrid
reinforcement.
The on -site native inorganic soils are suitable for use as mass grading fill if processed and placed
according to this report. Granular site fill should be processed to remove oversized particles.
Processing involves removal of all oversized material larger than 4 inches in diameter, and
rejecting all otherwise unsuitable materials such as organic matter and construction debris.
Structural Fill for soil replacement and backfill in select areas should be developed from reliable
source(s) approved by Alpine Geotechnical and meeting the following gradation and composition
requirements:
Screen or Sieve Size
Percent Passing by Weight
3-inch
100
1 1/2-inch
85-100
No. 4
30-60
No. 200
10 maximum
• The sand, gravel, and cobble -size particles comprising the fill must be hard, durable rock
materials that will not degrade by moistening or under mechanical action of the
compacting equipment; i.e., not shale or other clayey rock types.
• The binder/fines fraction should have maximum Liquid Limit and Plasticity Index values of
25 and 10 percent respectively.
• No frozen, organic, or other deleterious materials should be present in the fill aggregate.
The soil's water content at the time of compaction should be in the range specified in the following
table. Some moisture conditioning of on -site soils may be required to achieve adequate
compaction; wetting or drying may be required depending on the natural soil moisture conditions
at the time of construction. All fill materials should be placed and compacted in horizontal lifts.
The fill lifts should not exceed 12 inches in loose thickness for heavy compaction equipment, and
6 inches for smaller equipment such as large vibratory plates and jumping jacks used in
foundation and utility excavations. Small vibratory plate compactors should be used in
landscaped areas only. Typically, sheepsfoot compactors are best suited for fine-grained,
cohesive soils and vibratory, smooth -drum compactors are needed for coarse -grained soils.
At a minimum, excavations should be performed in accordance with OSHA 29 CFR, Part 1926,
Subpart P, "Excavations" and its appendices, and in accordance with any applicable local, state,
and federal safety regulations. The contractor should be aware that slope height, slope inclination,
and excavation depth should in no instance exceed those specified by these safety regulations.
Flatter slopes than those dictated by these regulations may be required depending upon the
The FOLVIdatiorl of a SUCC8SSfUI Project 6
Ik
Geotechnical Investigation Report A�LPI E
KNTC Subdivision Phase 6-7 ■ Kalispell, Montana
September 15, 2023 ■ Alpine Project No. 23-946 GEOTECHNICAL
soil/groundwater conditions encountered and other external factors. These regulations are strictly
enforced and if they are not followed, the owner, contractor, and/or earthwork and utility
subcontractor could be liable and subject to substantial penalties. Under no circumstances should
the information provided in this report be interpreted to mean that Alpine Geotechnical is
responsible for construction site safety or the contractor's activities. Construction site safety is
the sole responsibility of the contractor who shall also be solely responsible for the means,
methods, and sequencing of the construction operations. Our engineering staff will be available
during construction to provide guidance, if requested in connection with agreed construction
phase work by Alpine Geotechnical.
Pavements
It is anticipated that final subgrade elevations within the parking/access roadway areas will be at
or slightly above existing grades. Prior to placing any additional fill for pavement section
construction, the existing subgrade materials should be stable under rubber -tired construction
equipment, including dump truck traffic. Areas that are shown to be unstable during this proof
loading operation indicate that deeper subgrade deficiencies may exist and these areas should
be repaired under the direction of our geotechnical engineer. The requirements of a suitable fill
and its placement are discussed in the Earthwork section of this report.
Unsuitable material encountered below subgrade and/or subbase course level should be further
undercut and replaced with Structural Fill based on observation by our geotechnical engineer.
The upper 1 foot of subgrade material below the subexcavation depth should be compacted to at
least 95% of the maximum dry density per ASTM D698. Localized instability of the native silt/clay
subgrade may develop during construction when subjected to dump truck and repetitive
equipment traffic, especially with higher moisture contents. A geotextile separation fabric (Propex
Geotex 200 ST or Mirafi 500X) should be placed atop properly prepared subgrade. Isolated areas
may need geogrid in order to provide adequate stability to compact the subbase course.
Additionally, a defined equipment haul route using geotextile and geogrid should be considered
to minimize the potential for widespread subgrade instability to develop.
The design approach used to develop the following tables for the flexible surfacing was based on
the American Association of State Highway and Transportation Officials (AASHTO) 1993 Guide
for Design of Pavement Structures, Chapter 4 Low Volume Road Design. We used structural
coefficients of the Montana Department of Transportation and our local experience. Specific
information regarding anticipated vehicle types, axle loads and traffic volumes was not provided.
In developing our recommendations, we have assumed that traffic will consist primarily of
automobile traffic and a limited number of delivery trucks and trash removal trucks. If heavier
vehicle types or higher traffic volumes are expected, Alpine Geotechnical should be afforded the
opportunity to review, and possibly revise, these assumptions and recommendations.
The design of pavement thickness was based on the approach described above and on the
following parameters:
The FO4rndatiOn of a SLJCC8SSfUI Project 7
Geotechnical Investigation Report
KNTC Subdivision Phase 6-7 ■ Kalispell, Montana
September 15, 2023 ■ Alpine Project No. 23-946
A�LPI N E
—GEOTECHNICAL
Stable subgrade as previously detailed and verified by proof -loading with rubber -tired
construction equipment and dump truck traffic.
Placement of geotextile separation fabric (Propex Geotex 200 ST) atop properly prepared
subgrade
Any required fill is placed in accordance with the Earthwork section of this report.
Flexible Pavement Design Catalog assuming a maximum of 15 ESAL's per day over the
service life and a California Bearing Ratio of 4 percent. This lower CBR is to account for
silt subgrade, and overall variability of the subgrade across the site.
A service life of 30 years.
As a minimum, we suggest the following typical pavement section be considered:
Typical Pavement Section Thickness
Asphalt Concrete
Crushed Base
Traffic Area
Subbase Course
Total Thickness
Surface Course
Course
Urban Local
4 inches
4 inches
9 inches
17 inches
Major Collector 4 inches
6 inches
12 inches
22 inches
We recommend our technical staff be afforded the opportunity to evaluate the existing subgrade
materials during construction. We also recommend field density testing be performed of all fill
placed to achieve final subgrade elevation as well as subbase and base course materials.
Pavement sections based upon a more detailed pavement design could be provided if specific
traffic loading, frequencies, and desired pavement design life are provided. The pavement section
provided is based on design traffic loading as discussed and is not intended for nor should it be
construed to be a construction platform either in full or partial section. Construction use is likely
to exert heavier and higher frequency axle/wheel loads under adverse weather or channelized
traffic conditions than assumed in this forgoing design. If construction access/haul load sections
are desired, additional geotechnical input based on construction traffic will be required.
Pavements subjected to higher traffic volumes than assumed above may require thicker pavement
sections. The above section represents the minimum thickness for in-service use and, as such,
periodic maintenance should be anticipated.
Aggregate base course should meet Montana Public Works Specification Section 02235 (6t" Edition)
for Crushed Base Course, 1 '/2 inch or 3/4 inch minus and compacted to at least 95% of the maximum
ASTM D698 dry density. Aggregate subbase course should meet Montana Public Works
Specification Section 02234 (61" Edition) for Sub Base Course, and compacted to at least 95% of the
maximum ASTM D698 dry density.
Long term pavement performance will be dependent upon several factors, including maintaining
subgrade moisture levels and providing for preventive maintenance. The following
recommendations should be considered the minimum:
The FOLVIdatiorl of a S41cc8ssf1JI Project 8
Ik
Geotechnical Investigation Report A�LPI E
KNTC Subdivision Phase 6-7 ■ Kalispell, Montana
September 15, 2023 ■ Alpine Project No. 23-946 GEOTECHNICAL
• Site grading at a minimum 2% grade away from the pavements
• The subgrade and the pavement surface have a minimum 114 inch per foot slope to promote
proper surface drainage
• Consider appropriate edge drainage and pavement underdrain systems
• Apply joint sealant and seal cracks regularly
Preventive maintenance should be planned and provided through an on -going pavement
management program. Preventive maintenance activities are intended to slow the rate of
pavement deterioration, and to preserve the pavement investment. Preventive maintenance
consists of both localized maintenance (e.g., crack, and joint sealing and patching) and global
maintenance (e.g., surface sealing). Preventive maintenance is usually the priority when
implementing a planned pavement maintenance program and provides the highest return on
investment for pavements. Prior to implementing any maintenance, additional engineering
observation is recommended to determine the type and extent of preventive maintenance.
CLOSURE/LIMITATIONS
Alpine Geotechnical should be retained to review the final design plans and specifications so
comments can be made regarding interpretation and implementation of our geotechnical
recommendations in the design and specifications. Alpine Geotechnical also should be retained
to provide observation and testing services during site preparation, removal of unsuitable soils,
foundation preparation/construction, and backfilling of excavations and other earth -related
construction phases of the project.
The analysis and recommendations presented in this report are based upon the data obtained
from the borings performed at the indicated locations and from other information discussed in this
report. This report does not reflect variations that may occur between boring locations, across
the site, or due to the modifying effects of weather. The nature and extent of such variations may
not become evident until construction has commenced. If variations appear, Alpine should be
immediately notified so that further evaluation and supplemental recommendations can be
provided.
This report has been prepared for the exclusive use of our client for specific application to the
project discussed and has been prepared in accordance with generally accepted geotechnical
engineering practices. No warranties, either expressed or implied, are intended or made. Site
safety, excavation support, and dewatering requirements are the responsibility of others. If
changes in the nature, design, or location of the project as outlined in this report are planned, the
conclusions and recommendations contained in this report shall not be considered valid unless
Alpine Geotechnical reviews the changes and either verifies or modifies the conclusions of this
report in writing.
The FOLVI(Jaftri of a SLJCC8SSfUI Project 9
LPINE
GEOTECHNICAL
APPENDIX A
0
IA
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Q
X
W
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0
LOG OF BORING
NO.: DH-1
Project: KNTC Phase 6-7 Subdivision
Client: Stillwater Corporation
Location: See exploration location map: 48.25095,-114.328172
Driller- Alpine Geotechnical
Drill Rig- CME 45B
Depth to Water> Initial N/E At Completion: N/E
ELEVATION/ SOIL SYMBOLS,
SAMPLERS USCS Description NM DID
DEPTH AND TEST DATA
r0 W - .............................................................
-5
-10
-15
-20
- 25
- 30
- 35
OIL Organic SILT topsoil with surficial wheat
7 GM stubble trace gravel/roots, dark brown, damp, 11
11 soft, 8" thick
14.....................................................
9 Silty GRAVEL with sand, brown, moist,
medium dense to very dense, subangular,
(glacial till)
14 3
30
34 Cleaner sand and gravel found with depth
24 2
35 Auger refusal at 10.5'
34
End of Boring DH-1 at 11.5'
Project No.: 23-946
Date: 08-14-23
Elevation: Existing
Logged By- Kagan Rutz
STANDARD PENETRATION TEST
DEPTH I N C U R V E
1'2"-3'2" 1 25
LPI E
GEOTECHNICAL
LOG OF BORING
NO.: DH-2
Project: KNTC Phase 6-7 Subdivision
Client: Stillwater Corporation
Location: See exploration location map: 48.249794,-114.326772
Driller- Alpine Geotechnical
Drill Rig- CME 45B
Depth to Water> Initial N/E At Completion: N/E
ELEVATION/ SOIL SYMBOLS,
SAMPLERS USCS Description NM DID
DEPTH AND TEST DATA
r0 CT 3....................................................
-5
-10
-15
-20
- 25
- 30
- 35
O.L. Organic SILT topsoil with surficial wheat
SM
stubble trace roots, dark brown, damp, soft, 8"
2 thick
..................................................... 5
1 Silty SAND, light brown, moist, very loose to
2 loose
1
3 18
4
.............................................................
3 CL Lean CLAY trace sand with intermittent zones 26
s
of silty sand, light brown, moist, medium stiff
to stiff, intermittent possible seep zones
3
3
6
5
22
5 18
5
4 With intermittent thin ( < 1" thick) zones of 26
6poorly graded sand below. 16.0'
End of Boring DH-2 at 17.0'
Project No.: 23-946
Date: 08-14-23
Elevation: Existing
Logged By- Kagan Rutz
STANDARD PENETRATION TEST
DEPTH I N C U R V E
2'2"-4'2" 3
5'-7' 7
10'-12' 9
15'-17' 9
LPI E
GEOTECHNICAL
LOG OF BORING
NO.: DH-3
Project: KNTC Phase 6-7 Subdivision
Client: Stillwater Corporation
Location: See exploration location map: 48.248283,-114.329744
Driller- Alpine Geotechnical
Drill Rig- CME 45B
Depth to Water> Initial N/E At Completion: N/E
ELEVATION/ SOIL SYMBOLS,
SAMPLERS USCS Description NM DID
DEPTH AND TEST DATA
r0 .............................................................
-5
-10
-15
-20
- 25
- 30
- 35
OIL Organic SILT topsoil with surficial wheat
stubble, dark brown, damp, soft, 2.5' thick
6
7 ML SILT trace sand, brown, moist, medium stiff 6
6
6
3 g
.............................................................
3 ML Sandy SILT with interbedded zones of silty
4
5 sand and intermittent layers of lean clay,
brown, moist, medium stiff to stiff
5 3
...........................................
6 SM Silty SAND, brown, moist, medium dense to
6
7 loose
3
4
4
End of Boring DH-3 at 17.0'
Project No.: 23-946
Date: 08-14-23
Elevation: Existing
Logged By- Kagan Rutz
STANDARD PENETRATION TEST
DEPTH I N C U R V E
2'-4' 1 13
5'-7' 1 7
10'-12' 1 12
15'-17' 1 8
LPI E
GEOTECHNICAL
LOG OF BORING
NO.: DH-4
Project: KNTC Phase 6-7 Subdivision
Client: Stillwater Corporation
Location: See exploration location map: 48.248225,-114.327764
Driller- Alpine Geotechnical
Drill Rig- CME 45B
Depth to Water> Initial N/E At Completion: N/E
ELEVATION/ SOIL SYMBOLS,
SAMPLERS USCS Description NM DID
DEPTH AND TEST DATA
r0....................................................
-5
-10
-15
-20
- 25
- 30
- 35
OIL Organic SILT topsoil with surficial wheat
stubble, dark brown, damp, soft, 2.5' thick
4
.............................................................
3 SM Silty SAND, orange/brown, moist, loose 6
3
3
1 21
2
.............................................................
1 cL Lean CLAY, brown, wet, soft, possible seep
4
zone
GM.. .........................
Silty GRAVEL with sand, brown, moist, very
dense to medium dense
18
28
30
8 ] � 3
6
5
End of Boring DH-4 at 17.0'
Project No.: 23-946
Date: 08-14-23
Elevation: Existing
Logged By- Kagan Rutz
STANDARD PENETRATION TEST
DEPTH I N C U R V E
2'-4' 1 6
5'-7' 1 3
15'-17' 1 12
LPI E
GEOTECHNICAL
LOG OF BORING
NO.: DH-5
Project: KNTC Phase 6-7 Subdivision
Client: Stillwater Corporation
Location: See exploration location map: 48.248307,-114.325289
Driller- Alpine Geotechnical
Drill Rig- CME 45B
Depth to Water> Initial N/E At Completion: N/E
ELEVATION/ SOIL SYMBOLS,
SAMPLERS USCS Description NM DID
DEPTH AND TEST DATA
r0..............................................................
-5
-10
-15
-20
- 25
- 30
- 35
OIL Organic SILT topsoil with surficial wheat
stubble, dark brown, damp, soft, 2.0' thick
5 ]4 SM Silty SAND, orange/brown, moist, loose
3 ..........................................................
cL Lean CLAY, pink/brown, moist, medium stiff
4 25
3
4
5
.............................................................
ML Sandy SILT with intermittent layers of lean
6 clay ( 4-8" thick), brown, moist, loose to 6
5 medium dense 4
6 1 1 With heavy rust colored oxidation form 10.5'-
11.0'
2 12
3
6
End of Boring DH-5 at 17.0'
Project No.: 23-946
Date: 08-14-23
Elevation: Existing
Logged By- Kagan Rutz
STANDARD PENETRATION TEST
DEPTH I N C U R V E
2'-4' 1 8
5'-7' 1 7
15'-17' 1 8
LPI E
GEOTECHNICAL
LOG OF BORING
NO.: DH-6
Project- KNTC Phase 6-7 Subdivision
Project No.:
23-946
Client- Stillwater Corporation
Date- 08-14-23
Location- See exploration location map: 48.247553,-114.321769
Elevation- Existing
Driller- Alpine Geotechnical
Logged By-
Kagan Rutz
Drill Rig- CME 45B
Depth to Water> Initial Q:1- -
N/E At Completion -T-:
N/E
ELEVATION/
DEPTH
SOIL SYMBOLS,
SAMPLERS
AND TEST DATA
USCS
Description
NM
DD
STANDARD
PENETRATION
TEST
DEPTH
N
C U R V E
10 30 50
0
OL
Organic SILT topsoil with surficial wheat
= =
.......
. stubble, dark brown, damp, soft, 1: 5' thick
ML
Sandy SILT with intermittent zones of lean
clay and silty sand, brown, moist, stiff
-5
-10
-15
-20
- 25
- 30
- 35
are A-
5
5
6
5
13 1 1 5'-7' 1 11
................................................
4 ]
3 5Silty SAND, brown, moist loose to medium 6
4 dense
6
60
11
11
End of Boring 131-1-6 at 17.0'
10'-12' 1 7
15'-17' 1 21
LPI E
GEOTECHNICAL
LOG OF BORING
NO.: DH-7
Project: KNTC Phase 6-7 Subdivision
Client: Stillwater Corporation
Location: See exploration location map: 48.248608,-114.321769
Driller- Alpine Geotechnical
Drill Rig- CME 45B
Depth to Water> Initial N/E At Completion: N/E
ELEVATION/ SOIL SYMBOLS,
SAMPLERS USCS Description NM DID
DEPTH AND TEST DATA
r0 .............................................................
-5
-10
-15
-20
- 25
- 30
- 35
OIL Organic SILT topsoil with surficial wheat
SM st lbble,.dark brown, damp, soft, LO' thick
Silty SAND, grey/brown, damp, loose
.............................................................
ML SILT with sand, brown/light brown, moist,
3 medium stiff 16
s
5 cL Lean CLAY with interbedded layers of silt, 23
6 pink/brown, moist, stiff
2
18
5
4 SM Silty SAND, brown, moist, loose 5
4
3 14
4
5
End of Boring DH-7 at 17.0'
Project No.: 23-946
Date: 08-14-23
Elevation: Existing
Logged By- Kagan Rutz
STANDARD PENETRATION TEST
DEPTH I N C U R V E
�w
15'-17' 1 8
LPI E
GEOTECHNICAL
LOG OF BORING
NO.: DH-8
Project: KNTC Phase 6-7 Subdivision
Client: Stillwater Corporation
Location: See exploration location map: 48.250536,-114.322361
Driller- Alpine Geotechnical
Drill Rig- CME 45B
Depth to Water> Initial N/E At Completion: N/E
ELEVATION/ SOIL SYMBOLS,
SAMPLERS USCS Description NM DID
DEPTH AND TEST DATA
0
a OIL Organic SILT topsoil with surficial wheat
3
ML stubble, dark brown, damp, soft, 1: 3' thick
.......... .............
Sandy SILT, light brown, damp, very stiff
-5
-10
-15
-20
- 25
- 30
- 35
Project No.: 23-946
Date: 08-14-23
Elevation: Existing
Logged By- Kagan Rutz
STANDARD PENETRATION TEST
DEPTH I N C U R V E
I 5 I 5'-7' 22
13
I 4 I 10'-12' 13
s
s Silty SAND, brown, moist, medium dense to 28
2 loose
3 Wet with interbedded zones of lean clay below
16.5'
End of Boring DH-8 at 17.0'
15'-17' 1 5
LPI E
GEOTECHNICAL
ALPINE
GEOTECHNICAL
/_1»=1Z,IQ/:II=3
100
90
80
70
W 60
Z
LL
Z 50
W
U
LU 0- 40
30
20
10
Particle Size Distribution Report
o00
Z%�
100 10 1 0.1 0.01 0.001
C,RAIN S17F - mm
% +3„
% Gravel
% Sand
% Fines
Coarse
Fine
Coarse
Medium
Fine
Silt Clay
O
0
0
0
0
0
60
40
❑
0
16
27
13
13
10
21
❑
0
0
0
1
0
40
59
O
0
0
0
0
1
86
13
SOIL DATA
SYMBOL
SOURCE
SAMPLE
DEPTHNO. (ft.)
Material Description
USCS
O
BULK
8640
1.0
Silty SAND
SM
❑
DH-1
8608
5.0
Silty GRAVEL with sand
GM
ZAI
DH-3
8617
5.0
Sandy SILT
ML
O
DH-8
8638
10.0
Silty SAND
SM
IL Client: Stillwater Corporation
AProject: KNTC Phase 6-7 Subdivision
=ALPINE' G EOTECHNICAL Project No.: 23-946 Figure B-1
LIQUID LIMIT, PLASTIC LIMIT, AND PLASTICITY INDEX
60
50
40
X
W
Z
30
U
H
Q
J
20
10
0
0 10 20 30 40 50 60 70
80
90
100 110
LIQUID LIMIT
Dashed line indicates the approximate
upper limit boundary for natural soils
O�
O�
0�
•
c�-ML
ML or
OL
MH or
OH
SOIL DATA
NATURAL
LABORATORY MOISTURE DENSITY RELATIONSHIP
Curve No.: 8640
Project No.: 23-946 Date: 08-14-23
Project: KNTC Phase 6-7 Subdivision
Client: Stillwater Corporation
Source of Sample: BULK Depth: 1.0
Sample Number: 8640
Remarks:
MATERIAL DESCRIPTION
Description: Silty SAND
Classifications - USCS: SM AASHTO: A-4(0)
Nat. Moist. = Sp.G. = 2.65
Liquid Limit = NV Plasticity Index = NP
% < No.200 = 40 %
140
130
120
.o
m
TEST RESULTS
Maximum dry density = 115.2 pcf
Optimum moisture = 12.4 %
5 10 15 20 25
Water content, %
Alnine Geotechnical
30 35 40
Figure B-3
BEARING
RATIO TEST REPORT
ASTM D1883-14
750
CBR at 95% Max. Density = 12.8%
for 0.10 in. Penetration
20
25 blows
15
600
56 blows
o i
10
m
U
Q
5 10 blows
v 450
c
'a
Mn
N
0
96 100 104 108 112 116
Molded Density (pcf)
c
0.5
300
N
N
0.4
a
0 0.3
150
3
Cn 0.2
0.1
0V
I
I I
I 0
0.2 0.3
0.4
0 0.1
0.5 0 48 72 96
Penetration
Depth
(in.)
Elapsed Time (hrs)
Molded
Soaked
CBR (%)
Linearity
Max.
Correction
Surcharge
(Ibs.)
Swell
Density
Percent of
Moisture
Density
Percent of
Moisture
0.10 in.
0.20 in.
(pcf)
Max. Dens.
(%)
(pcf)
Max. Dens.
(%)
(in)
(�)
1 0
101.5
88.1
12.4
101.5
88.1
17.6
4.1
4.2
0.000
27.64
2 A
110.9
96.3
12.4
110.9
96.3
13.9
14.6
18.5
0.000
27.63
0
3 ❑
113.3
98.4
12.4
113.3
98.3
13.2
17.6
23.0
0.037
27.63
0
Material Description
USCS
Max.
Dens.
(Pcf)
Optimum
Moisture
(%)
LL
PI
Silty SAND
SM
115.2
12.4
NV
NP
Project No: 23-946
Test Description/Remarks:
Project: KNTC Phase 6-7 Subdivision
Source of Sample: BULK Depth: 1.0
Sample Number: 8640
Test Run Saturated
Date Sampled: 08-14-23 Date Received: 08-14-23
A* L P I N E
GEOTECHNICAL
Figure B-4
ALPINE
GEOTECHNICAL
APPENDIX C
UNIFIED SOIL CLASSIFICATION SYSTEM
Soil
Classification
Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests
Group
Symbol
Group Name
Gravels:
Clean Gravels:
Cu >— 4 and 1 < Cc < 31
GW
Well -graded gravel F
More than 50% of
Less than 5% fines °
Cu < 4 and/or 1 > Cc > 3 E
GP
Poorly graded gravel F
coarse fraction retained on
fro
Gravels with Fines:
Fines classify as ML or MH
GM
F,°,
Silty gravel
Coarse Grained Soils:
4 sieve
More than 12% fines °
Fines classify as CL or CH
GC
Clayey gravel F ° H
/° More than 50 retained
on No. 200 sieve
Sands:
Clean Sands:
Cu >— 6 and 1 < Cc < 3 E
SW
Well -graded sand'
Cu < 6 and/or 1 > Cc > 3 E
SP
Poorly graded sand'
50% or more of coarse
Less than 5% fines °
fraction passes
Sands with Fines:
Fines classify as ML or MH
SM
Silty sand °H1
No. 4 sieve
More than 12% fines °
Fines Classify as CL or CH
SC
Clayey sand °H1
PI > 7 and plots on or above "A" line J
CL
Lean clay K,L,M
Inorganic:
PI < 4 or plots below "A" line J
ML
Silt K,L,M
Silts and Clays:
Liquid limit less than 50
Liquid limit - oven dried
IOrganic
clay K,L,M,N
Fine -Grained Soils:
Organic:
< 0.75
OL
Liquid limit - not dried
Organic silt K,L,M,o
50% or more passes the
No. 200 sieve
PI plots on or above "A" line
CH
Fat clay K,L,M
Silts and Clays:
Inorganic:
PI plots below "A" line
MH
Elastic Silt K,L,M
Liquid limit - oven dried
Organic clay K,L,M,P
Liquid limit 50 or more
Organic:
< 075
Liquid limit - not dried
OH
Organic silt K,L,M,(1
Highly organic soils:
Primarily organic matter, dark in color, and organic odor
PT
Peat
A Based on the material passing the 3-in. (75-mm) sieve
" If fines are organic, add "with organic fines" to group name.
B If field sample contained cobbles or boulders, or both, add "with cobbles
' If soil contains >— 15% gravel, add "with gravel"
to group name.
or boulders, or both" to group name.
j If Atterberg limits plot in shaded area, soil is a CL-ML, silty clay.
° Gravels with 5 to 12% fines require dual symbols: GW-GM well -graded
K If soil contains 15 to 29% plus No. 200, add "with sand" or "with
gravel with silt, GW-GC well -graded gravel with clay, GP -GM poorly
gravel," whichever is predominant.
graded gravel with silt, GP -GC poorly graded gravel with clay.
L If soil contains >_ 30% plus No. 200 predominantly sand, add "sandy"
° Sands with 5 to 12% fines require dual symbols: SW-SM well -graded
to group name.
sand with silt, SW -SC well -graded sand with clay, SP-SM poorly graded
M If soil contains >_ 30% plus No. 200, predominantly gravel, add
sand with silt, SP-SC poorly graded sand with clay
"gravelly" to group name.
z
(Dso)
" PI >— 4 and plots on or above "A" line.
E Cu = D6o/D,o Cc =
° PI < 4 or plots below "A" line.
D10 x D60
P PI plots on or above "A" line.
F If soil contains >— 15% sand, add "with sand" to group name.
° PI plots below "A" line.
° If fines classify as CL-ML, use dual symbol GC -GM, or SC-SM.
60 I
For classification of fine-grained
'
soils and fine-grained fraction
50 of coarse -grained soils
l +�
Equation of "A" - line
IL Horizontal at P1=4 to LL=25.5.
X then PI=0.73 (LL-20)
40
W
p Equation of "U" line
0�
z Vertical at LL=16 to PI=7,
G�
30 then PI=0.9 (LL-8) '
/ 4
0 O
� ,-'� of
U) 20 Gti
Q .'
MH or OH
0-
10
7 CL - M
4 -- ML or OL
0
0 10 16 20 30 40 50
60 70 80 90 100
110
LIQUID LIMIT (LL)
CITY OF
KALISPELL
® Subject Parcels
B-2 General Business
B-2 General Business w/PUD
P-1 Public
R-3 Residential w/PUD
R-4 Residential w/PUD
RA-1 Residential Apartment
RA-2 Residential Apartment w/PUD
Glacie
Memori
Data Sources:
Kalispell Zoning
Kalispell North Town Center - Phases 6 & 7
P-1 Public
R-3/PUD
Residential
With Pud
R-4/PUD
Residential
With Pud
Montana Cadastral, N 0 235 470 940 1410
Flathead County GIs Feet
City of Kalispell GIs, Basemap:
Austin Bachurski - September 12, 2023 Esri Community Maps, ArCGIS.com
CITY OF
Kalispell Growth Policy
KALISPELL
Kalispell
North Town Center - Phases 6 & 7
Subject Parcels
Suburban
Government
Commercial
Residential
Facility
Industrial
Urban Mixed Use
- High Density Residential
Suburban Residential
Government Facility
Urban
Public/Quasi Public, Openspace
Mixed Use
Suhject
Urban
Mixed Use
Parcels
Cemetery
Suburban
Residential
Greenspace-Utility
High Density
Commercial
Line
Industrial
Residential
Urban
Mixed Use
Data Sources:
Montana Cadastral,
N 0 235 470 940 1410
Flathead County GIs
Feet
City of Kalispell GIs,
Basemap:
Austin Bachurski - September 12, 2023
Esri Community Maps, ArCGIS.com
CITY OF
Kalispell Mailing List go Subject Parcel
KALISPELL Kalispell North Town Center Phases 6 & 7 =Mailing List Parcels
Other Parcels
n
Data Sources:
rve
Montana Cadastral, N 0 270 540 1080 1620
Flathead County GIs Feet
City of Kalispell GIs, Basemap:
Austin Bachurski - September 12, 2023 Esri Community Maps, ArcGIS.Com