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Meadows Edge Phase 3 Final PlatCITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Final plat request for Meadows Edge Phase 3 MEETING DATE: February20, 2024 Planning Department 201 Ist Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisnell.com/Manning BACKGROUND: Meadows Edge, LLC has submitted a request for final plat approval of Meadows Edge Phase 3. This phase is approximately 16.77 acres and includes 31 residential lots, common area, and streets. The property can be described as shown on the attached Exhibit A. The City Council approved the preliminary plat with 29 conditions on August 2, 2021 (Resolution 6035). All of the conditions have been met or adequately addressed. The attached report summarizes the applicant's compliance with the conditions of approval. All infrastructure has been installed and accepted or bonded for. A subdivision improvement agreement in the amount of $295,804.13 secured by a cash bond is included for the Council's consideration. RECOMMENDATION: It is recommended that the City Council make a motion to approve the final plat for Meadows Edge Phase 3, as well as the subdivision improvement agreement. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: February 9, 2024 Aimee Brunckhorst, Kalispell City Clerk EXHIBIT A LEGAL DESCRIPTION : MEADOWS EDGE PHASE 3 -Perimeter A TRACT OF LAND BEING A PORTION OF TRACT 3 OF CERTIFICATE OF SURVEY NO. 18892, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE SOUTHEAST ONE QUARTER OF SECTION 3, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF OPEN SPACE A OF THE SUBDIVISION PLAT OF MEADOWS EDGE PHASE IA, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE WESTERLY ALONG THE NORTH BOUNDARY LINES OF SAID PLAT OF MEADOWS EDGE PHASE IA AND THE SUBDIVISION PLAT OF MEADOWS EDGE PHASE 1B- CORRECTION, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, THE FOLLOWING 15 COURSES: 1) N87°33'50"W, 133.48 FEET; 2) S55°28'41"W, 293.87 FEET; 3) S45°55'35"W, 210.34 FEET; 4) S58°45'46"W, 96.30 FEET; 5) N90°00'00"W, 105.19 FEET; 6) N41°50'49"W 99.82 FEET; 7) N80°30'00"W, 82.07 FEET; 8) SO1°34'38"W 88.00 FEET; 9) S13°16'47"W, 179.74 FEET; 10) N75-11'17"W, 128.32 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 530.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N64° 18'44"W; 11) SOUTHWESTERLY, ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF O1008'47", AN ARC DISTANCE OF 10.60 FEET; 12) S26050'03"W, 18.23 FEET; 13) N63009'57"W, 60.00 FEET; 14) S26°50'03"W, 34.60 FEET; 15) N85046'12"W, 213.42 FEET TO A POINT ON THE WEST LINE OF TRACT 3 OF SAID CERTIFICATE OF SURVEY NO. 18892; THENCE N4013'48"E, ALONG THE WEST LINE OF TRACT 3 OF SAID CERTIFICATE OF SURVEY NO. 18892, 762.13 FEET; 16) THENCE S85046'12"E, 166.72 FEET; THENCE N46004' 10"E, 134.72 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 330.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N39048'23"E; THENCE SOUTHEASTERLY, ALONG SAID NON -TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 07000'17", AN ARC DISTANCE OF 40.34 FEET; THENCE S57011'54"E, 16.02 FEET; THENCE N32048' 16"E, 60.00 FEET; THENCE S57011'S4"E, 96.30 FEET; THENCE N77048' 11 "E, 7.07 FEET; THENCE S57011'S4"E, 60.00 FEET; THENCE S 12011'49"E, 7.07 FEET; THENCE S57011'S4"E, 226.96 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 120.00 FEET; THENCE EASTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59020'12", AN ARC DISTANCE OF 124.27 FEET; THENCE N63027'55"E, 178.21 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 120.00 FEET; THENCE NORTHEASTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51050'26", AN ARC DISTANCE OF 108.57 FEET; THENCE NI 1037'29"E, 104.40 FEET; THENCE N34026'45"W, 6.94 FEET; THENCE N80057'34"W, 8.46 FEET; THENCE N8045'43"E, 60.00 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST, AND HAVING A RADIUS OF 930.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S8045'43"W; THENCE SOUTHEASTERLY, ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 8034'24", AN ARC DISTANCE OF 139.16 FEET TO A POINT ON A COMPOUND TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 130.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S17020'07E; THENCE SOUTHEASTERLY, ALONG SAID COMPOUND TANGENT CURVE THROUGH A CENTRAL ANGLE OF 20024'01", AN ARC DISTANCE OF 46.29 FEET TO A POINT ON A REVERSE TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 70.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N32049'56"E; THENCE SOUTHEASTERLY, ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 32049'56", AN ARC DISTANCE OF 40.11 FEET; THENCE S85005'48"E, 53.14 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF FARM TO MARKET ROAD (MT STATE HWY 424) (120 FEET WIDE); THENCE S4°27'30"W, ALONG SAID WEST RIGHT-OF-WAY LINE 387.42 FEET TO THE POINT OF BEGINNING. CONTAINS 16.77 ACRES, MORE OR LESS. CITY OF KALISPELL February 9, 2024 Doug Russell, City Manager City of Kalispell 201 lst Ave E Kalispell, MT 59901 Re: Final Plat request for Meadows Edge Phase 3 Dear Doug: Planning Department 201 1' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Meadows Edge, LLC has submitted a request for final plat approval of Meadows Edge Phase 3. This phase is approximately 16.77 acres and includes 31 residential lots, common area, and streets. The property can be described as shown on the attached Exhibit A. The City Council approved the preliminary plat with 29 conditions on August 2, 2021 (Resolution 6035). All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. All infrastructure has been installed and accepted or bonded for. A subdivision improvement agreement in the amount of $295,804.13 secured by a cash bond is included for the Council's consideration. COMPLIANCE WITH CONDITIONS OF APPROVAL 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 and any conditions related to the Meadows Edge Planned Unit Development. Staff Response: This condition has been met. The site development is in substantial compliance with the application, plans, and conditions. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. The preliminary plat was approved on August 2, 2021, and remains valid. 3. 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. The design shall incorporate historic onflow and shall limit the developed flow rate to the historic flow rate or 0.074 cfs/acre, whichever is lower. Staff Response: This condition has been met. Public Works issued a letter on June 1, 2022, approving the design, and a letter on February 12, 2024, which noted that the off -flow rate was limited as provided in the condition and that the system has been constructed as designed. A certification dated January 25, 2024, was submitted by the developer. 4. 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. Staff Response: This condition has been met. Both the City of Kalispell Construction Site Stormwater Permit (SW20-0264) and the DEQ SWPPP Permit (MTR108698) were issued to the developer. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Staff Response: This condition has been met. City approval was provided on June 1, 2022, and MDEQ approval was provided on June 22, 2022, as well as approval for the lift station per a letter dated August 26, 2022. 6. 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. Staff Response: This condition has been met. Approval of the design was provided in a June 1, 2022, letter from Public Works. Certification letters for the water main were submitted by the developer on October 22, 2022, and January 5, 2024. 7. The sewer for Phases 3 and 4 shall be designed to connect into the West Side Sewer Interceptor when required due to available capacity. Staff Response: This condition has been met. Per a letter from Public Works dated February 12, 2024, the approved plans convey the sanitary sewer to a point where it will be able to flow to the West Side Interceptor when additional downstream infrastructure is constructed. Prior to final plat of Phase 4, the connection to the West Side Interceptor must be made. 8. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Staff Response: This condition has been met. Public Works provided a letter dated June 1, 2022, which conditionally approved the design of the infrastructure and a letter dated February 12, 2024, which accepted the constructed infrastructure subject to the subdivision improvement agreement. 9. As part of the final plat for Phase 3, Farm to Market shall be upgraded to a rural minor arterial standard from Mountain Vista Way north to the northern property boundary as provided in the City of Kalispell Standards for Design and Construction. Staff Response: This condition has been met. In its letter of February 12, 2024, Public Works stated that the City approved the design for the improvements to Farm -to -Market on December 19, 2023, and MDT provided an email on February 12, 2024, stating that "MDT has approved the plans for the approach and the modification of Farm to Market Rd (S-424) north of Mountain Vista Way." 10. As part of the final plat for Phase 4, Three Mile Drive shall be upgraded to a rural collector standard from Edwards Lane to the western edge of the development as provided in the City of Kalispell Standards for Design and Construction. Staff Response: This condition does not apply. It relates to Phase 4, which has not yet been developed. 11. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for approaches onto Farm to Market Road. If any improvements are necessary at the intersection of the roadways, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. Staff Response: This condition has been adequately addressed. MDT provided an email on February 12, 2024, stating that "MDT has approved the plans for the approach and the modification of Farm to Market Rd (S-424) north of Mountain Vista Way." 12. 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 or a proper bond has been accepted for unfinished work. Staff Response: This condition has been met. Public Works provided a letter dated February 12, 2024, accepting the finished infrastructure and a subdivision improvement agreement with a cash bond has been submitted for unfinished work. 13. All easements and/or right-of-ways shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. Public Works provided a letter dated February 12, 2024, approving the location of the easements. 14. At final plat, the developer shall demonstrate that each lot would have a buildable 30 foot by 30- foot building pad with less than 25% undisturbed slopes and a driveway at a maximum of 7% slope. Staff Response: This condition has been met. In its letter of February 12, 2024, Public Works notes that the required buildable areas and slopes are met. 15. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature Staff Response: This condition has been met. The note appears on the face of the final plat. 16. Prior to Piling 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. Staff Response: This condition has been met. The applicant submitted a letter from the USPS dated June 17, 2021, approving the mailbox location. 17. 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. Staff Response: This condition has been met. A letter from the Kalispell Fire Department dated January 25, 2024, was submitted approving the access and hydrants. 18. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The letter shall also approve compliance with the approved park plan for the overall Meadows Edge PUD as well as satisfaction of any parkland requirements for these phases which may not be met with existing improvements. Staff Response: This condition has been met. A letter from the Kalispell Parks Department dated January 11, 2024, was submitted approving the landscape and parks plan. 19. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. The note appears on the face of the final plat. 20. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The taxes levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. The note appears on the face of the final plat. 21. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. Staff Response: This condition has been met. The Public Works Department provided a letter dated February 12, 2024, confirming that more than two-thirds of the required infrastructure has been installed. 22_ All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. Staff Response: This condition has been met. The Public Works Department provided a letter dated February 12, 2024, noting that utilities were placed underground. 23. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been adequately addressed. The Public Works Department provided a letter dated February 12, 2024, deeming the condition to be satisfied. 24. Any water rights associated with the property are to be addressed according to the provisions of the Memorandum of Understanding between the developer and the City of Kalispell dated May 6, 2019. Staff Response: This condition has been addressed. Water rights were provided pursuant to the MOU and Public Works deemed the condition to be satisfied in its letter of February 12, 2024. 25. A note shall be placed on the final plat stating: "This subdivision is located in an agriculture area and potential nuisances such as noise, dust, odors, and irregular hours of operation are to be expected. As such, the right to farm on adjoining properties shall not be restricted as a result of the development or occupancy of this subdivision." Staff Response: This condition has been met. The note appears on the face of the final plat. 26. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. Staff Response: This condition has been met. An HOA was previously established and the proposed documents include an annexation of Phase 3 into the existing HOA covenants. 27. Subdivision signage for the development shall comply with Section 27.22.050(6) of the Kalispell Zoning Ordinance. Staff Response: This condition has been adequately addressed. The applicant has submitted a proposed location for signage which would comply with the regulations provided that review comments are followed. 28. The alleyways within the development shall be designated as "private" at time of final plat. Staff Response: This condition is adequately addressed. There are no alleys within Meadows Edge Phase 3. 29. The sidewalks and/or paths located within Three Mile Drive and W. Spring Creek/Farm to Market shall be maintained by the Meadows Edge HOA. Staff Response: This condition has been met. Proposed amended and restated Declaration of Covenants, Conditions, Restrictions and Reservations of Meadows Edge were submitted including the sidewalks and/or paths within the maintenance responsibilities of the HOA. COMPLIANCE WITH THE SUBDIVISION REGULATIONS This subdivision plat has been found to be in compliance with the State and City subdivision regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-3 zoning with a Planned Unit Development overlay for the property. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat and subdivision improvement agreement for Meadows Edge Phase 3. Attachments: - Two mylars of final plat - Copy of final plat - Subdivision Improvement Agreement and Engineers Estimate - Applicant responses and final plat application - First American Title Insurance Guarantee 5010500-1120692-FT dated 11/15/23 - Consent to Plat dated 1/8/24 - Flathead County tax certification dated 12/19/23 - MDT approval email dated 2/12/24 - Letters from Public Works dated 6/1/22, 2/12/24, and 2/12/24 - DEQ letters dated 11/24/21, 6/22/22, 8/26/22, and 10/24/22 - Parks letter dated 1/11/24 - Fire Dept letter dated 1/25/24 - USPS letter dated 6/17/21 - DEQ Stormwater Permit - Infrastructure certifications - Water rights MOU - CCRs c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: WGM Group 431 1st Ave W Kalispell, MT 59901 EXHiRIT A LEGAL DESCRIPTION : MEADOWS EDGE PHASE 3-Perimeter A TRACT OF LAND BEING A PORTION OF TRACT 3 OF CERTIFICATE OF SURVEY NO. 18892, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE SOUTHEAST ONE QUARTER OF SECTION 3, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF OPEN SPACE A OF THE SUBDIVISION PLAT OF MEADOWS EDGE PHASE IA, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE WESTERLY ALONG THE NORTH BOUNDARY LINES OF SAID PLAT OF MEADOWS EDGE PHASE IA AND THE SUBDIVISION PLAT OF MEADOWS EDGE PHASE 1B- CORRECTION, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, THE FOLLOWING 15 COURSES: 1) N87°33'50"W, 133.48 FEET; 2) S55°28'41"W, 293.87 FEET; 3) S45°55'35"W, 210.34 FEET; 4) S58°45'46"W, 96.30 FEET; 5) N90°00'00"W, 105.19 FEET; 6) N41°50'49"W 99.82 FEET; 7) N80°30'00"W, 82.07 FEET; 8) SO1°34'38"W 88.00 FEET; 9) S13°16'47"W, 179.74 FEET; 10) N75-11'17"W, 128.32 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 530.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N64°18'44"W; 11) SOUTHWESTERLY, ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF O1008'47", AN ARC DISTANCE OF 10.60 FEET; 12) S26°50'03"W, 18.23 FEET; 13) N63°09'57"W, 60.00 FEET; 14) S26°50'03"W, 34.60 FEET; 15) N85046'12"W, 213.42 FEET TO A POINT ON THE WEST LINE OF TRACT 3 OF SAID CERTIFICATE OF SURVEY NO. 18892; THENCE N4013'48"E, ALONG THE WEST LINE OF TRACT 3 OF SAID CERTIFICATE OF SURVEY NO. 18892, 762.13 FEET; 16) THENCE S85°46'12"E, 166.72 FEET; THENCE N46004' 10"E, 134.72 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 330.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N39048'23"E; THENCE SOUTHEASTERLY, ALONG SAID NON -TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 07°00'17", AN ARC DISTANCE OF 40.34 FEET; THENCE S57-11'54"E, 16.02 FEET; THENCE N32°48'16"E, 60.00 FEET; THENCE S57°11'54"E, 96.30 FEET; THENCE N77°48' 11 "E, 7.07 FEET; THENCE S57° 11'54"E, 60.00 FEET; THENCE S 12-11'49"E, 7.07 FEET; THENCE S57° 11'54"E, 226.96 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 120.00 FEET; THENCE EASTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59°20' 12", AN ARC DISTANCE OF 124.27 FEET; THENCE N63°27'55"E, 178.21 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 120.00 FEET; THENCE NORTHEASTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51°50'26", AN ARC DISTANCE OF 108.57 FEET; THENCE N11°37'29"E, 104.40 FEET; THENCE N34°26'45"W, 6.94 FEET; THENCE N80°57'34"W, 8.46 FEET; THENCE N8°45'43"E, 60.00 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST, AND HAVING A RADIUS OF 930.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S8°45'43"W; THENCE SOUTHEASTERLY, ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 8°34'24", AN ARC DISTANCE OF 139.16 FEET TO A POINT ON A COMPOUND TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 130.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S 17°20'07E; THENCE SOUTHEASTERLY, ALONG SAID COMPOUND TANGENT CURVE THROUGH A CENTRAL ANGLE OF 20024'01", AN ARC DISTANCE OF 46.29 FEET TO A POINT ON A REVERSE TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 70.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N32049'56"E; THENCE SOUTHEASTERLY, ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 32049'56", AN ARC DISTANCE OF 40.11 FEET; THENCE S85005'48"E, 53.14 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF FARM TO MARKET ROAD (MT STATE HWY 424) (120 FEET WIDE); THENCE S4027'30"W, ALONG SAID WEST RIGHT-OF-WAY LINE 387.42 FEET TO THE POINT OF BEGINNING. 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L � "•r2>e 3B '00�� 3� o= o mo.._ � O •ro \S o_ a n T aRO C�7 �e O 1p j�(du) 3n 00'S &eLSLS o =� I otlO i a ��n SZ'SS i Q - calo o � �a 0 T� �ootncm � w W (n 02 cn N ey �1n i eS .SZ'SS i LB'90l � I a I m I Y Ig la I I m CLOU ~O o mJz o z _ � m e �O JO�sb J3 N � � o "10 od0 m a0 e0 Leo m fd4t)3 os ��/l .bC'SOZ�) __- ---------- .01'fS=l ,Lb'BZ .82 �rsg�r.p .86'99 ,ZI---AM ,95Tf1 3,8f,bf.lN l .sM.SZ=o 3(1M 3AJ?Xl 31OV3 ONMIOW u .fe'e9r�) l9'el 0'6L SL'bf - 491�p &'�& efa'7 Mzm e�'1 ��' .99'8L 3.Z4_9CLNz z�J60 R g sl \ I W-__- .-- H LLOS'S9 M,94,f LbS ,SZ'OL M,94,fL4S, I � � .Sl'Z9L 3�Bb,fL4N NI N \ el N Q N � Z In Z Return to: Aimee Brunckhorst Kalispell City Clerk 201 151 Avenue East Kalispell, MT 59901 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 23rd day of January , 20 24 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Meadows Edge, LLC (Name of Developer) a Corporation (Individual, Company or Corporation) located at P.O. Box 7184, Kalispell, Flathead County, Montana 59904 (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Meadows Edge Phase 3 (Name of Subdivision) located at Tract 3 of COS 18892, in the SE 114 Section 3, T28N, R22W, P.M.,M., Flathead County, MT (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Meadows Ed Phase 3 _ , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ M.643.30 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 295 804.13 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 295,804.13 the estimated cost of completing the required improvements in Meadows Edge Phase 3 (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by December 31 , 20 24 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. if the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. M64601-J5 60&6' LLL (Name of Su division/Developer/Firm) by (Name)(,.0006 PIAO 4Aol STATE OF MONTANA COUNTY OF T7( CAI -%a ilrHoh,7 a sz&Ali (Title) On this Z-� day of G vt L4 , 20 2 before me, a Notary Public for the State of Montana, personally appeared w a_eJr_._, known to me to be the .jc i ; of Mecido4,,j L-LE: whose name is subscribed to the foregoing instrurrrit and acknowledged to me that4&' a executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first abovet written. NotarAPublic for the State of Montana Printed Name Residing at My Commission Expires MAYOR, CITY OF KALISPELL MAYOR gilir* AIMEE WO PIST HUNC yo9, NOTARY O ARYPUBLICfor '-I TA ,AL"�= -* SEAL *-E State of Montana Residing at OlfMoP=e• MyLakesideCommiss o�ntanExpares December 04 2024 ATTEST: CITY CLERK Project Name. MEADOWS EDGE SUBDIVISION, PHASE 3 WGM Project Number: 171034 Owner: MEADOWS EDGE, LLC Bonding Date: January 24, 2024 EXHIBIT "B" zee' CERTIFICATION OF WORK TO BE �}� WG M G R O U P COMPLETED Completed as of Bonding Date Total Final Construction Construction Quantity Costs Quantities and Costs Una Item Item Description Unit Quantity Unit Price Total Quantity Current Total Landscape Plan Cost Estimate GENERAL, OPEN SPACE, 80UtEVAROS,POND ARFA L1 Mobilization, Demobilization, Insurance, Permits LS 1 54,000.00 $4,000.00 0 $0.00 L.2 Park/Open Space Grass Seed Mix SF 120000 $0,20 $74,OD0.00 0 S0.00 0 Trees FA 96 5280,00 $26,880.00 0 $0.00 LA Shrubs EA 37 $45.00 $1,665.00 0 $0.00 L.S Perrenials EA 171 $12.00 $2,052.00 0 $0.00 L.6 Turf Sod SF Sam $1.27 $7,366.00 0 $0.00 L.7 Pond Plantings SF 9788 $2.30 $22,512.40 0 $0.00 L.8 Auto Spray Irrigation Valve & Box EA 7 $150.00 $1.050.00 0 $0,00 L.10 Automatic Controller EA 1 $2,500.00 $2,500.o0 0 $0,00 L,11 Irrigation Sleeving LF 132 S5.00 $660.00 0 $0.00 LAS 2" Irrigation Backflow Preventer EA 2 $SOO.OD $1,000.00 D $0.00 L.14 Sprinkler Heads EA 270 $19.00 $4,860.00 0 $0.00 L.17 2" PVC Irrigation Main LF 1506 $2.00 $3,012.00 0 $0.00 L.20 1" Poly Irrigation lateral LF 7195 $1.00 $7,195.00 0 $0.00 L.21 10' wide Asphalt Path (3" asphalt, 8" gravel base) LF 790 $32,00 $25,280,00 0 $0.00 L,23 Open Space Benches EA 15 $775.00 511,625,00 0 S0.00 GENERAL, OPEN SPACE, BOULEVARDS, AND POND AREA LANDSCAPE TOTAL $145,657.40 $0.00 "Pva-e La•-dscan�alone f26 L.25 Turf Sod SF 21603 $1.30 $29,093.90 0 $0.00 L.26 Sprinkler Heads EA 209 $18.00 $3,762.00 0 $0.00 L.27 2" PVC Irrigation Main LF 711 $2.00 $1,422.00 0 $0.00 1.28 Poly Irrigation Lateral LF 2328 $1.00 $2,328.00 0 50.00 BOULEVARD LANDSCAPE TOTAL 535,S95.90 $0.00 atcr A=;a!ed w, L.29 Labor LS 1 $4S,000.00 $4S,000.00 0 $0.00 LABOR TOTAL S45,000.00 $0.00 PHASE 3 LANDSCAPING TOTAL 5226,253.30 $0.00 Remaining Civil Cost Estimate Misc Phase 3 Civil P. CA Lift Station Fencing LS 1 $5,690.00 $5,690.00 0 $0.00 C 2 Grading around lift station LS 1 $1,200.00 $1,200.00 0 Sam C.3 Exterior Lift Station Building Work LS 1 $3,500.00 $3,500.00 0 $0.00 CIVIL ITEMS TOTAL $10,390.00 S0.00 PHASE 3 CIVIL ITEMS TOTAL $10,390.00 $0.00 TOTAL PROJECT BUDGET ]INCLUDES LANDSCAPING) $236,643.30 $0.00 TOTAL ESTIMATED COST OF CONSTRUCTION $236.643.30 Approximate percentage of completed work as of bon,Inw#1a0ffli f� s\`X 1 T `" AMOUNT COMPLETED PRIOR TO BONDING $0.00 AMOUNT OF REMAINING WORK PRIOR TO BONDING $236,643.30 AMOUNT OF BOND (125% OF REMAINING WORK) $29S,804.13 AS PROJECT ENGINEER FOR MEADOWS EDGE SUBDIVISION PHASE 1B, I CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: SECURITY HELD AT 125%OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $0.00 $236,643.30 $295,804.13 BENJAMIN RANKIN, P.E. 'ALL IMPROVEMENTS SHALL BE COMPLETED BY: December 31, 2024 • B Jli:•IIN J. IPT >� • N . 44j1�j1 E ON A%- naulilt++�� Development Services cra Y OF 2011st Avenue East Kalispell, 59901 KALISPELLPhone (406) 758-794-7940 FINAL PLAT Email: planninn@kaiispell.com Website: www.kalispell.com Project Name Meadows Edge Subdivision Phase Three Property Address 11120 Farm to Market Rd, Kalispell, MT 59901 NAME OF APPLICANT Meadows Edge, LLC Applicant Phone 1(360) 609-8105 Applicant Address P.O. Box 7184 City, State, Zip Kalispell, MT, 59904 Applicant Email Address If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Meadows Edge, LLC Owner Phone (360) 609-8105 Owner Address P.O. Box 2190 City, State, Zip Woodland, WA, 98674 Owner Email Address rayk@northwoodcabinets.com CONSULTANT (ARCHITECT/ENGINEER) WGM Group, Inc. Phone 1(406) 756-4848 Address 431 1st Ave. W. City, State, Zip Kalispell, MT, 59901 Email Address POINT OF CONTACT FOR REVIEW COMMENTS Ben Rankin, P.E. Phone 1(406) 756-4848 Address 431 1 st Ave. W. City, State, Zip Kalispell, MT, 59901 Email Address brankin@wgmgroup.com List ALL owners (any individual or other entity with an ownership interest in the property): Meadows Edqe, LLC. Meadows Edge, LLC. Meadows Edqe, LLC. 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). 77 �ALISPELL Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 1. Date of Preliminary Plat Approval August 2nd, 2021 2. Type of Subdivision: Residential Industrial17 Commercial❑ PUCE Other 3. Total number of lots in Subdivision: 31 4. Land in Project (acres) 16 77 6. Cash -in -lieu $ 5. Parkland (acres) 629 7. Exempt 8. Number of lots by type: Single Family 31 Multi -Family Commercial/Industrial Mobile Home RV Park Townhouse (sublots) Other INSTRUCTIONS FOR FINAL PLAT 1 Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blank statements stating, for example, "all improvements are in place" are not acceptable. 2. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat 3 Please verify the final plat with staff and submit to the county 509 committee prior to submitting mylars. REQUIRED SUBMITTALS Attached Not Applicable Cover letter addressing preliminary plat conditions w/ attachments Title Report (Original, not more than 90 days old) Tax Certification (Property Taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvement Agreement (Attach signed original & collateral) Parkland Cash -in -lieu (Check attached) Water rights transfer Copy of CCR's Plats (2 mylars & 1 electronic copy) - other attachments required per appendix D of subdivision regulations 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 in ormation or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon ma be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. Applicant Signature Date cre-r k3l- IKALISPELL APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 30 days prior to the City Council Meeting) Application Contents: Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 1. Completed application form & attachments 2. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) 3. Electronic copy of the .dwg files of the final plat 4. Application fee based on the schedule below, made payable to the City of Kalispell: Minor Subdivision with approved preliminary plat $800 + $250 per lot Major Subdivision with approved preliminary plat $1600 + $250 per lot Subdivisions with waiver of preliminary plat $1600 + $250 per lot Subdivision Improvement Agreement $100 Filing Fee Attached $ 9,450 4&"AWGMGR0UP Community Values. Inspired Futures. January 5, 2024 Jarod Nygren, Director Kalispell Planning Department 201 1 st Avenue East Kalispell, MT 59901 Re: Final Plat Application for Meadows Edge Phase 3 Subdivision Dear Jarod: As the engineer of record for Meadows Edge Phase 3 Subdivision, I hereby certify that all of the conditions stated in Resolution No. 6035 have been addressed to the best of my knowledge, except Conditions 11, 12, 18, and 21, which in the last stages of review with either Parks, MDT, or Public Works. Enclosed is the Final Plat application for the Meadows Edge Phase 3 Subdivision. The conditions of approval are listed below along with how each has been addressed: 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 and any conditions related to the Meadows Edge Planned Unit Development. The development of the site is in substantial compliance with the preliminary plat documents as approved by City Council. Please see enclosed Resolution No. 6035 — Preliminary Plat Conditions of Approval. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. The preliminary plat was approved August 2nd, 2021 and is still valid. 3. 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. The design shall incorporate historic onflow and shall limit the developed flow rate to the historic flow rate or 0.074 cfs/acre, whichever is lower. Please see enclosed City of Kalispell Public Works Engineering approval letter. A certification letter stating that the drainage plan for the subdivision has been installed as designed and approved is enclosed. The design has limited the developed flow rate to below 0.074 cfs/acre. 431 1" Avenue West, Kalispell, MT 59901 I OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com Kalispell Planning Department January 5, 2024 Page 2 of 6 4. 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. An erosion control plan was submitted with the construction documents to the Kalispell Public Works Department and the Montana Department of Environmental Quality. Prior to construction, the Contractor obtained a General Permit for Storm Water Discharge Associated with Construction Activities. Please see the enclosed Montana Department of Environmental Quality Notice of Intent Confirmation Letter and the City of Kalispell Stormwater Permit Approval Letter (it was held over from Phase 2 construction). 5. 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. Please see the City of Kalispell Public Works Engineering approval letter enclosed under Condition #3 and Montana Department of Environmental Quality's approval letter (DEQ#22- 1354) and MFE. 6. 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. A certification letter stating water & sewer mains have been installed and tested in accordance with City of Kalispell and DEQ requirements is enclosed. 7. The sewer for Phases 3 and 4 shall be designed to connect into the West Side Sewer Interceptor when required due to available capacity. The current sewer configuration has the capacity to support this phase of the subdivision without connection to the West Side Interceptor. 8. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. A conditional approval letter from the Kalispell Public Works Department is enclosed under Condition #3 stating that design of all new infrastructure has been approved by the City of Kalispell. Please see enclosed Public Works Engineering approval letter for Meadows Edge Subdivision Phase 3. Kalispell Planning Department January 5, 2024 Page 3 of 6 9. As part of the final plat for Phase 3, Farm to Market shall be upgraded to a rural minor arterial standard from Mountain Vista Way north to the northern property boundary as provided in the City of Kalispell Standards for Design and Construction. MDT is in the final stages of approving the approach permit onto Farm to Market. As a part of the approach permit submittal, road improvements to Farm to Market north of the intersection with Mountain Vista Way were also included. Approval of the approach to Farm to Market, along with the Farm to Market improvements is anticipated within the next 30 days. A bond is in place for all offsite work associated with this project within MDT right-of-way. 10. As part of the final plat for Phase 4, Three Mile Drive shall be upgraded to a rural collector standard from Edwards Lane to the western edge of the development as provided in the City of Kalispell Standards for Design and Construction. This shall be addressed in the future with Phase 4 final plat. 11. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for approaches onto Farm to Market Road. If any improvements are necessary at the intersection of the roadways, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. MDT is in the final stages of approving the approach permit onto Farm to Market. As a part of the approach permit submittal, road improvements to Farm to Market north of the intersection with Mountain Vista Way were also included. Approval of the approach onto Farm to Market, along with the Farm to Market improvements is anticipated within the next 30 days. The approach is currently built with all-weather drivable surface (gravel). A round -about design has been completed and is currently being reviewed by MDT for the intersection of Three Mile Drive and Farm to Market. A bond is in place for all offsite work associated with this project within MDT right-of-way. 12. 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 or a proper bond has been accepted for unfinished work. A Subdivision Improvements Agreement (SIA) including proper bonding is pending due to landscaping and civil items that are in the process of being completed. All infrastructure has been completed and Public Works acceptance along with bonding will be in place by 1/12/24. 13. All easements and/or right-of-ways 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. All existing and proposed easements are shown on the face of the enclosed final plat. A letter from the Kalispell Public Works Department confirming this is pending. 14. At final plat, the developer shall demonstrate that each lot would have a buildable 30 foot by 30 foot building pad with less than 25% undisturbed slopes and a driveway at a maximum of Kalispell Planning Department January 5, 2024 Page 4 of 6 7% slope. The lots have been designed and pre -graded to allow for building accessibility and constructability. Due to site geography, some building locations have been graded for daylight basement construction. The overall site grading was approved with civil plan set through City Public Works Department. 15. 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." The above note is included on the final plat. 16. 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. I n 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. A letter of approval from the US Postal Service is enclosed. 17. 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. An email correspondence of approval from the Kalispell Fire Department is enclosed. 18. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The letter shall also approve compliance with the approved park plan for the overall Meadows Edge PUD as well as satisfaction of any parkland requirements for Phase 2 which may not be met with existing improvements. The Phase 2 landscape plan was approved by the Parks Department. A Subdivision Improvements Agreement (SIA) including proper bonding is pending due to landscaping and civil items that are in the process of being completed. Parks acceptance along with bonding will be in place by 1/12/24. 19. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. The above note is included on the final plat. Kalispell Planning Department January 5, 2024 Page 5 of 6 20. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The taxes levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. The above note is included on the final plat. 21. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. A Subdivision Improvements Agreement (SIA) including proper bonding is pending due to landscaping and civil items that are in the process of being finalized. More than two-thirds of the subdivision infrastructure has been completed. 22. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. Please refer to the City's conditional approval letter enclosed under Condition #3. In addition, all dry utilities have been designed and constructed in underground conduits and vaults or pedestals. 23. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Areas disturbed during development will be re -vegetated by contractor with a weed -free mix immediately after development. 24. Any water rights associated with the property are to be addressed according to the provisions of the Memorandum of Understanding between the developer and the City of Kalispell dated May 6, 2019. For simplification of the water rights transfer process, we transferred all water rights to the City after the completion of a memorandum of understanding (MOU) from the City allowing the developer to continue using the north well for farming undeveloped land within the subdivision until the last phase gets developed. Enclosed is a Meadows Edge Water Rights Memorandum quantifying the water rights associated with this development and the MOU from the Public Works Department. 25. A note shall be placed on the final plat that stating: "This subdivision is located in an agriculture area and potential nuisances such as noise, dust, odors, and irregular hours of operation are to be expected. As such, the right to farm on adjoining properties shall not be restricted as a result of the development or occupancy of this subdivision." The above note is included on the final plat. 26.A homeowner's association (HOA) shall be formed and established for the common areas Kalispell Planning Department January 5, 2024 Page 6 of 6 prior to final plat. The Meadows Edge Homeowners Association, Inc., has been established for the upkeep and maintenance of the common areas of Meadows Edge Subdivision. Please see enclosed HOA Certification Letter. 27. Subdivision signage for the development shall comply with Section 27.22.050(6) of the Kalispell Zoning Ordinance. A subdivision sign for the development will comply with Kalispell Zoning Ordinances. The subdivision sign is specified within the Phase 1A Landscaping Plan. 28. The alleyways within the development shall be designated as "private" at time of final plat. The alleyways within the whole development have been designated as "private" within the Construction Documents and on the Final Plat. However, there are no alleys within the Meadows Edge Phase 3 portion of the development. 29.The paths located within Three Mile Drive and W. Spring Creek/Farm to Market shall be maintained by the Meadows Edge HOA. The Meadows Edge Homeowners Association, Inc., has been established and shall maintain any paths located outside of City Right -of -Way and within the Meadows Edge Subdivision. Please see enclosed HOA documentation. Sincerely, WGM Group, Inc. Ben Rankin, P.E. Project Engineer Enclosures: Conditions of approval supporting documentation for Phase 3 GUARANTEE Issued by Insured Titles 44 4th Street West/P- O- Box 188, Kalispell MT 59901 Title Officer Andrea Reum Phone: (406)755-5028 FAX-- (406)755-3299 File No. 1120692-FT Cover Pa e FS� PM E0, CF 4 FirstAmerican Title" Form 5010500 (7-1-14) Guarantee Number: 501055-1120692 Guarantee Face Page Issued By FIRST AMERICAN TITLE INSURANCE COMPANY FrrstAmerrcan Title First American Tide Insurance Company Dennis I Girnwe. Reskient Greg L Smith. Secretary This jacket was created electronically and constitutes an original document File No. 1120692-FT Page 2 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 2. 2. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured": the parry or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term 'land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice 3. NO DUTY TO DEFEND OR PROSECUTE. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of File No. 1120692-FT Page 3 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third parry, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. DETERMINATION AND EXTENT OF LIABILITY. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the File No. 1120692-FT Page 4 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) 8. 10 11 Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone:888-632-1642. File No. 1120692-FT Page 5 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Subdivision Guarantee IF FirstAmerican Title Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5010500-1120692-FT Subdivision or Proposed Subdivision: Meadows Edge - Phase 3 Order No.: 1120692-FT Reference No.: Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: WGM Group FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: Legal Description attached hereto as Exhibit A, and by this referenced incorporated herein. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Meadows Edge, LLC; First Interstate Bank; Sliters Lumber & Building Supply (B) Parties holding liens or encumbrances on the title to said lands are: Notice of the Right to Claim a Lien filed by Sliters Lumber & Building Supply on October 25, 2023 under Doc. No. 2023-000-19175. 2. Notice of the Right to Claim a Lien filed by Sliters Lumber & Building Supply on October 25, 2023 under Doc. No. 2023-000-19178. 3. Notice of the Right to Claim a Lien filed by Sliters Lumber & Building Supply on October 25, 2023 under Doc. No. 2023-000-19182. 4. Deed of Trust dated November 3, 2023, to secure an original indebtedness of $320,700.00, and any other amounts and/or obligations secured thereby Recorded: November 8, 2023, as Instrument No. 2023-000-19989 Grantor: Meadows Edge, LLC Trustee: Fidelity National Title Company of Montana, LLC Beneficiary: First Interstate Bank File No. 1120692-FT Page 6 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Deed of Trust dated November 3, 2023, to secure an original indebtedness of $399,200.00, and any other amounts and/or obligations secured thereby Recorded: November 8, 2023, as Instrument No. 2023-000-19990 Grantor: Meadows Edge, LLC Trustee: Fidelity National Title Company of Montana, LLC Beneficiary: First Interstate Bank 6. Deed of Trust dated November 3, 2023, to secure an original indebtedness of $335,050.00, and any other amounts and/or obligations secured thereby Recorded: November 8, 2023, as Instrument No. 2023-000-19991 Grantor: Meadows Edge, LLC Trustee: Fidelity National Title Company of Montana, LLC Beneficiary: First Interstate Bank 7. Deed of Trust dated November 3, 2023, to secure an original indebtedness of $368,100.00, and any other amounts and/or obligations secured thereby Recorded: November 8, 2023, as Instrument No. 2023-000-19992 Grantor: Meadows Edge, LLC Trustee: Fidelity National Title Company of Montana, LLC Beneficiary: First Interstate Bank (C) Easements, claims of easements and restriction agreements of record are: 8. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 9. 2023 taxes and special assessments. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year First Half / Status Second Half / Status Parcel Number Covers 2023 $1,579.81 PAID $1,579.78 PAID 0013865 Subject Land 10. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Certificate of Survey No(s) 17323 and 18892, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 11. Grant of Easement and Water Well Agreement upon the terms, conditions and provisions contained therein: Parties: Grosswiler Dairy, Inc. and Trillium, LLC Recorded: June 18, 2010, as Doc. No. 2010-000-14008 12. Resolution No. 5873 for annexation by the City of Kalispell recorded June 14, 2018, as Doc. No. 2018-000-11933. 13. Ordinance No. 1810 to create a Meadows Edge PUD recorded September 21, 2018, as Doc. No. 2018-000-23321. File No. 1120692-FT Page 7 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 14. Memorandum of Understanding between The City of Kalispell, Montana and Meadows Edge, LLC for the Transfer of Water Rights and Water Usage, recorded June 10, 2019, as Doc. No. 2019-000- 11237. 15. Articles of Incorporation of Meadows Edge Homeowners Association, Inc., recorded July 19, 2019, as Doc. No. 2019-000-14653. 16. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by the PROPOSED plat of Meadows Edge -Phase 3, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(C). 17. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and Environmental Services, recorded with the Plat of Meadows Edge -Phase 3 (if any). Date of Guarantee: November 15, 2023 at 7:30 A.M. By: Authorized Countersignature File No. 1120692-FT Page 8 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Date: January 05, 2024 EXHIBIT 'A' LEGAL DESCRIPTION: MEADOWS EDGE - PHASE 3 - Perimeter File No.: 1120692-FT (ar) A TRACT OF LAND BEING A PORTION OF TRACT 3 OF CERTIFICATE OF SURVEY NO. 18892, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE SOUTHEAST ONE QUARTER OF SECTION 3, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF OPEN SPACE A OF THE SUBDIVISION PLAT OF MEADOWS EDGE PHASE 1A, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE WESTERLY ALONG THE NORTH BOUNDARY LINES OF SAID PLAT OF MEADOWS EDGE PHASE 1A AND THE SUBDIVISION PLAT OF MEADOWS EDGE PHASE 1B- CORRECTION, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, THE FOLLOWING 15 COURSES: 1) N87°33'50"W, 133.48 FEET; 2) S55°28'41"W, 293.87 FEET; 3) S45°55'35"W, 210.34 FEET; 4) S58°45'46"W, 96.30 FEET; 5) N90000'00"W, 105.19 FEET; 6) N41050'49"W 99.82 FEET; 7) N80030'00"W, 82.07 FEET; 8) S01034'38"W 88.00 FEET; 9) S13016'47"W, 179.74 FEET; 10) N75011'17"W, 128.32 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 530.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N64018'44"W; 11) SOUTHWESTERLY, ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 01008'47", AN ARC DISTANCE OF 10.60 FEET; 12) S26050'03"W, 18.23 FEET; 13) N63009'57"W, 60.00 FEET; 14) S26050'03"W, 34.60 FEET; 15) N85046'12"W, 213.42 FEET TO A POINT ON THE WEST LINE OF TRACT 3 OF SAID CERTIFICATE OF SURVEY NO. 18892; THENCE N4013'48"E, ALONG THE WEST LINE OF TRACT 3 OF SAID CERTIFICATE OF SURVEY NO. 18892, 762.13 FEET; 16) THENCE S85046'12"E, 166.72 FEET; THENCE N46004'10"E, 134.72 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 330.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N39048'23"E; THENCE SOUTHEASTERLY, ALONG SAID NON -TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 07000'17", AN ARC DISTANCE OF 40.34 FEET; THENCE S57011'54"E, 16.02 FEET; THENCE N32048'16"E, 60.00 FEET; THENCE S57011'54"E, 96.30 FEET; THENCE N77048'11"E, 7.07 FEET; THENCE S57011'54"E, 60.00 FEET; THENCE S12011'49"E, 7.07 FEET; THENCE S57011'54"E, 226.96 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 120.00 FEET; THENCE EASTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59020'12", AN ARC DISTANCE OF 124.27 FEET; THENCE N63027'55"E, Page 1 of 2 178.21 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 120.00 FEET; THENCE NORTHEASTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51050'26", AN ARC DISTANCE OF 108.57 FEET; THENCE N11037'29"E, 104.40 FEET; THENCE N34026'45"W, 6.94 FEET; THENCE N80057'34"W, 8.46 FEET; THENCE N8045'43"E, 60.00 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST, AND HAVING A RADIUS OF 930.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S8045'43"W; THENCE SOUTHEASTERLY, ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 8034'24", AN ARC DISTANCE OF 139.16 FEET TO A POINT ON A COMPOUND TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 130.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S17020'07E; THENCE SOUTHEASTERLY, ALONG SAID COMPOUND TANGENT CURVE THROUGH A CENTRAL ANGLE OF 20024'01", AN ARC DISTANCE OF 46.29 FEET TO A POINT ON A REVERSE TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 70.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N32049'56"E; THENCE SOUTHEASTERLY, ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 32049'56", AN ARC DISTANCE OF 40.11 FEET; THENCE S85005'48"E, 53.14 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF FARM TO MARKET ROAD (MT STATE HWY 424) (120 FEET WIDE); THENCE S4027'30"W, ALONG SAID WEST RIGHT-OF-WAY LINE 387.42 FEET TO THE POINT OF BEGINNING. CONTAINS 16.77 ACRES, MORE OR LESS. 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N 4 a+uns lenioe ql!m 'Aue j! s U04tj.IRA 1L' AMPS?l ou sswnsss Auedwoo zq,, Pu�� coatu pots_ c `0b z,;n a�cn b g y o a, C�'o n w o n U \ o A rV ti -fir, O Sul aoI AMOS PBPinold si;et 3-d8 a� Options Inquiry Overview Email: I Email Overview Rpt Active Header Year: 23 Assessor: 0013865 SD: 01 BCC: 00 Names : 1M MEADOWS EDGE LLC Addresses: Mailing Address PO BOX 2190 WOODLAND WA 98674 Physical Address Multiple Physical Addresses Present Legal Descriptions Record #01 Sec:03 Twp:28 Rng:22 Description:TR 5 IN E2NE4 & E2SE4 Old Assessor # : 0623876 Value record(s) for year 2023 Catcd Description Acres Value TaxableVal Geocode 1 KIUV 17010 NON-QUAL AG 58.40 3217 486.00 07396503401010000 Shopping Cart: 0 items $0.0 _r New Search Detail Payoff Help Assessor#: 0013865 Status: Current Type., RE Owner: MEADOWS EDGE LLC History: -7— 11/14/2023 i A r- $1,579.81 2023 202312796 09/29/2023 $3,159.59 i 11/14/2023i $1,579.78 2022 202200539 11/01/2022 11/10/20221 $3,242.51 5/30/20231 $1,621.28 $1,621.23 2021 1202100539 11/01/2021 11/22/20211 $3,296.41 j 12/27/202 � $1,648.22 $1,648.19 j 202000540 10/22/2020 10/22/2020 $3,449.961 10/22/2020 $1,725.00 $1,724.96 2019 201900540 10/22/2019 10/22/2019 $4,955.35 10/22/2019 $2,477.70 $2,477.65 2018 1201800540 11/01/2018 1 11/5/20181 $1 618.77 , 1 11/5/20181 $809.40 $809.371 12017 — 1201700540 11/01/2017 11/7/2017 $1,619.14 1� 11/7/2017� $809.581 L! $809.56 ** Paid Amount may include penalty & interest Note: The accuracy of this data is not guaranteed. Only one search criterion is required (e.g. Parcel # or Owner Name). Entering additional criteria can result in an incomplete search. Property Tax data was last updated 11/28/2023 11:00 AM. Send Payment To: Flathead County Treasurer 290 A North Main Kalispell, MT 59901 (406) 758-5680 Shopping Cart: 0 items [$0.00] 1r. New Search Detail Assessor#: 0013865 Status: Current Type: RE Owner: MEADOWS EDGE LLC Value Breakdown: Q Help _ �A a!,Y�: � 2023 11 0013865 j 1701 Non -Qualified Ag Land 20-160 Acres $3,217 $486 2022 0013865 1701 ( Non -Qualified Ag Land 20-160 Acres $3,232 $489 I 2021 0013865 1701 NON-QUAL AG LAND 20-160 A $3,783 $572', 2020 _.____.............. 0013865 ...__�,_._...__........_..____... 1701 .................. .._................_..__..._._.._._._...__.......................______....._................_....._......._.._.._....._.....__........_.._.__.__........................................._................................._...___.______._....__ NON-QUAL AG LAND 20-160 A $4,918 $744 .__..._.........._...._................_.._.._...................... Current Market Value: $3,217 Current Taxable Value: $486 Previous Market Value: $3,232 Previous Taxable Value: $489 Note: The accuracy of this data is not guaranteed. Only one search criterion is required (e.g. Parcel # or Owner Name). Entering additional criteria can result in an incomplete search. Property Tax data was last updated 11/28/2023 11:00 AM. Send Payment To: Flathead County Treasurer 290 A North Main Kalispell, MT 59901 (406) 758-5680 0 ':.1y'a114f 1� Flathead County Treasurer Adele Krantz 290 A North Main r' Kalispell, MT 59901 .rl art r, MEADOWS EDGE LLC PO BOX 2190 WOODLAND WA 98674 2023 REAL ESTATE STATEMENT OF TAXES PAYABLE TOTAL 2023 TAXES DUE: $3,159.59 ASSESSOR#:0013865 STATEMENT#:202312796 Legal Description: ( 1 ) 07-3965-03-4-01 -01 -0000 Sec:03 Twn:28 Rng:22 TR 5 IN E2NE4 & E2SE4 Valuation Market Taxable Type Value Value Real Estate 3,217 486 Improvements 0 0 Personal Property 0 0 TOTAL 3,217 486 Billing date: 09/29/2023 - Levy uescnPovn SHERIFF ..: 11.66 EQUALIZATION'. MILLAGE '"16.00 ERM MED LEVY 7.84 SPECIAL EMS PROGRAM 0.98 42.18 HIGH SCH. GEN MAINT UNIVERSITY MILLAGE -_8.74 2.92 PELL CITY 1 prry 58.62 66.46 Total COUNTY SCHOOL Total STATE, 40.78 'Y COMMUNITY COL. RET 1.34 - Total General Taxes 250.98 ENER OBLIG BOND 0.44 ELEM RETIREMENT '. 922 )RT 0.98 ..FHS ADULT EDUCATION 0.70 AGENCY ON AGING 0.22 FHS BUILDING RESERVE 0.42 D OF HEALTH 174 " FHS BUS RESERVE 0.40 3E 1A4 '"'FHS DEBT SERVICE 9.80 2RM MED LEVY 3.80 FHS FLEX 0.08 INSURANCE 1.84 FHS GENERAL 12.62 ITY LIBRARY ` 2.04 .FHS TRANSPORTATION:. 4.06 ITY PARKS 0.56 FHS TUITION 0.86 JTY.POOR FUND 0.06 FVCC ADULT EDUCATION 0.48 ITY'RETIREMENT 3.80 s FVCC DEBT SERVICE 0.92 ITYWIDE MOSQUITO 0.20 FVCC GENERAL 3.26 21CT COURT 0.44 <FVCC PERMIS MED LEVY 1.54 0.32 -HIGH SCH. RETIREMENT( 4.28 NSION 0.14 SO 01:-GENERAL 21.52 0.28 '- SO 01:. BLDG RESERVE 1.02 :RAL- 9.36 < So 01 BUS DEPRECIATI 0.14 JP INSURANCE 0.04 SO 01: DEBT SERVICE 11.42 NILE DETENTION 0.08 SD 01 TRANSPORTATION 12.88 OUS WEEDS 0.48 SO 01 TUITION 3.80 4 SRS LEVY.:- 0.22 TRANSPORTATION 0.80 ':AUTHORITY 0.54 Total SCHOOL 101.56 IC TRANSIT 0.34 STATE tCH'& RESCUE `- 0.48 ELEM GENERAL MAINT 13.12 Description Code -_ 1st Half 2nd H SOIL & WATER CONSERV KAL LIGHTING 50 - KAL STORM SEWER KAL URBAN FOREST DST KAL STREET MAINT 085 204 205 248 249 0.26 179.69 251.21 206.50 774.50 1 2 2 7 FCSWFee- Residential FECC'-SPECIAL DIST 504 `. C34 4037 1.79 TOTAL SPECIAL ASSESSMENTS 1,454:32 1,4 This property may qualify for Montana Disabled Veteran Property Tax Relief, Property Tax Assistance Program, Land Value Assistance General Taxes District` Mill Levy . 1st Half 2nd I 01 / Annexed into Kalispell. City OB84 C` 516.4100 125.49 1 Program and/or Elderly Homeowner's Tax Credit. Contact the, - Department of Revenue at (406)758-5700 for further information. TOTAL TAXES DUE CURRENT YEAR: $3,15 -------------------------------------------------------------------------------------------- 2N0 HALF PAYMENT 2023 Flathead County Real Estate Tax Statement ` 2ND HALF PAYMENT RETURN THIS STUB WITH YOUR PAYMENT ASSESSOR#:0013865 STATEMENT#:202312796 IIIIIIIIillllllllllllllllllllllllllllllllllll DUE BY 5:00 P.M. ON OR BEFORE:05/31/2024 SECOND HALF AMOUNT DUE: $1,579.78 MEADOWS EDGE LLC Po Box 2190 WOODLAND WA 98674 ----- - - ----- ----- - - ----- ------------------------- ----- - -- - - -- ---- --- - 1ST HALFIFULL YEAR PAYMENT; 2023 Flathead County Real Estate Tax Statement 1ST HALFIFULL YEAR PAYMENT j RETURN THIS STUB WITH YOUR PAYMENT ASSESSOR#:0013865 STATEMENT#:20231279s Illillllllllllllllllllllllllillllllllllllllll DUE BY 5:00 P.M. ON OR BEFORE:11130/2023 TOTAL TAXES DUE FOR YEAR: $3,159.59 MEDO FIRST HALF AMOUNT DUE: $1,579.81 PO BOX 2S EODGE LLC WOODLAND WA 98674 Property Record Card Summary Primary iofOr°mation Property Category: RP Geocode: 07-3965-03-4-01 -01 -0000 Primary Owner: MEADOWS EDGE LLC PO BOX 2190 Subcategory: Non -Qualified Ag Assessment Code: 0000013865 PropertyAddress: 1120 FARM TO MARKET RD KALISPELL, MT 59901 COS Parcel: WOODLAND, WA 98674-0021 NOTE: See the Owner tab for all owner information Certificate of Survey: 18892-3 Subdivision: Legal Description: 503, T28 N, R22 W, ACRES 58.4, TR 5 IN E2NE4 & E2SE4 Last Modified: 10/10/2023 7:47:45 PM zenoral Property Information Neighborhood: 207.150.1 Property Type: VAC_U - Vacant Land - Urban Living Units: 0 Levy District: 07-OB8436-01 - KiUV Zoning: Ownership %: 100 Linked Property: Linked Property 07-3965-03-4-01-16-0000 Link ..t.yp 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-18-0000 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-26-0000 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-27-0000 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-34-0000 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-35-5101 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-35-5102 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-37-5101 3 -Agricultural (tieback is primary parcel) FV,ew 07-3965-03-4-01-39-5102 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-41-5101 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-41-5102 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-47-5101 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-47-5102 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-50-5101 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-50-5102 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-53-5103 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-53-5104 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-57-5101 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-57-5102 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-57-5103 3 -Agricultural (tieback is primary parcel) View 07-3965-03-4-01-57-5104 3 -Agricultural (tieback is primary parcel) View Exemptions: Condo Ownership: General: 0 Property Factors No exemptions exist for this property Limited: 0 Topography: Fronting: Utilities: Parking Type: Access: Parking Quantity: Location: Parking Proximity: LandSummmary Land7vpq Acres Value Grazing 0.000 00.00 Fallow 0.000 00�00 Irrigated 0.000 00.00 Continuous Crop 8.000 00.08 Wild Hay 0.000 00.00 Fanneiba 0.000 00.00 ROW 0.000 00.08 NmnQua|Land 58.400 3.217.00 Total ABLand 58.400 3.217.00 Total Forest Land 0.000 00.00 Total Market Land 0.000 00.00 Deed Information: Deed Date Book Page Re orded Date Docurnent Number Docurnent'rype Party#1 Default Information: Ownenship%: Primary Owner: Interest Type: Last Modified: O1herNemee Name Appraisals Appraisal History MEADOWS EDGE LLC POBOX 21QO 100 "Yes" Fee Simple Other Adki,,essees Tax Year Land Value Building Value Total Vakie Method Market Land Market Land Info No market land info exists for this parcel Dwellings Existing Dwellings No dwellings exist for this parcel Other Build ings/improvements Dutbuilding�a,nd|mpmvments No other buildings or yard improvements exist for this parcel Commercial Existing Commercial Buildings No commercial buildings exist for this parcel Ag/Forest Land AgfForest Land Item #1 Acre Type: NQ - Non Qualified Ag Land Class Code: 1701 P")," uctivity Quantity: 0 Units: Non Qual Valuation Acres: 58.4 Value: 3217 Irrigation Type: Timber Zone: Commodity: Per Acre Value: 55.08 Consent to Platting and Dedication: Pursuant to 76-3-612, M.C.A, the undersigned First Interstate Bank, Beneficiary under those certain Deed's of Trust identified as follows: 1) Date: Trustor/Grantor: Document Number 2) Date: Trustor/Grantor: Document Number: 3) Date: Trustor/Grantor: Document Number: 4) Date: Trustor/Grantor: Document Number: Signature an , itle ke'i & "C Printed Name and Date November 08, 2023 Meadows Edge, LLC # 2023-000-19989 November 08, 2023 Meadows Edge, LLC # 2023-000-19990 November 08, 2023 Meadows Edge, LLC # 2023-000-19991 November 08, 2023 Meadows Edge, LLC # 2023-000-19992 Does hereby join in and consent to the platting of the following described lands located in Flathead County, Montana, a portion of which lands are subject to the lien of the above referenced Beneficiary: Acknowledgement * * * * * This instrument was acknowledged before me on this } day of , 20L By <tQ oGRANDEE CARNS Notary Public for the State of Montana Residing at KALISPELL, MT My Commission Expires �ilApril 27, 2026 Notary Signature Residing at: � i"l ` -'l HT My commission expires: LA a1 a G LEGAL DESCRIPTION : MEADOWS EDGE PHASE 3- Perimeter A TRACT OF LAND BEING A PORTION OF TRACT 3 OF CERTIFICATE OF SURVEY NO. 18892, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE SOUTHEAST ONE QUARTER OF SECTION 3, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF OPEN SPACE A OF THE SUBDIVISION PLAT OF MEADOWS EDGE PHASE 1A, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE WESTERLY ALONG THE NORTH BOUNDARY LINES OF SAID PLAT OF MEADOWS EDGE PHASE 1A AND THE SUBDIVISION PLAT OF MEADOWS EDGE PHASE 1 B- CORRECTION, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, THE FOLLOWING 15 COURSES: 1) N87°33'50"W, 133.48 FEET; 2) S55°28'41 "W, 293.87 FEET; 3) S45055'35"W, 210.34 FEET; 4) S58°45'46"W, 96.30 FEET; 5) N90°00'00"W, 105.19 FEET; 6) N41 °50'49"W 99.82 FEET; 7) N80°30'00"W, 82.07 FEET; 8) S01034'38"W 88.00 FEET; 9) S13°16'47"W, 179.74 FEET; 10) N75-11'17"W, 128.32 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 530.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N64018'44"W; 11) SOUTHWESTERLY, ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 01'08-47", AN ARC DISTANCE OF 10.60 FEET; 12) S26050'03"W, 18.23 FEET; 13) N63009'57"W, 60.00 FEET; 14) S26°50'03"W, 34.60 FEET; 15) N85046'12"W, 213.42 FEET TO A POINT ON THE WEST LINE OF TRACT 3 OF SAID CERTIFICATE OF SURVEY NO. 18892; THENCE N4013'48"E, ALONG THE WEST LINE OF TRACT 3 OF SAID CERTIFICATE OF SURVEY NO. 18892, 762.13 FEET; 16) THENCE S85°46'12"E, 166.72 FEET; THENCE N46°04'10"E, 134.72 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 330.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N39048'23"E; THENCE SOUTHEASTERLY, ALONG SAID NON -TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 07000'17", AN ARC DISTANCE OF 40.34 FEET; THENCE S57011'54"E, 16.02 FEET; THENCE N32°48'16"E, 60.00 FEET; THENCE S57011'54"E, 96.30 FEET; THENCE N77°48'11"E, 7.07 FEET; THENCE S57°11'54"E, 60.00 FEET; THENCE S12011'49"E, 7.07 FEET; THENCE S57011'54"E, 226.96 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 120.00 FEET; THENCE EASTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59020'121. , AN ARC DISTANCE OF 124.27 FEET; THENCE N63027'55"E, 178.21 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 120.00 FEET; THENCE NORTHEASTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51 °50'26", AN ARC DISTANCE OF 108.57 FEET; THENCE N11 °37'29"E, 104.40 FEET; THENCE N34026'45"W, 6.94 FEET; THENCE N80°57'34"W, 8.46 FEET; THENCE N8°45'43"E, 60.00 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST, AND HAVING A RADIUS OF 930.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S8°45'43"W; THENCE SOUTHEASTERLY, ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 8°34'24", AN ARC DISTANCE OF 139.16 FEET TO A POINT ON A COMPOUND TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 130.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S17°20'07E; THENCE SOUTHEASTERLY, ALONG SAID COMPOUND TANGENT CURVE THROUGH A CENTRAL ANGLE OF 20024'01", AN ARC DISTANCE OF 46.29 FEET TO A POINT ON A REVERSE TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 70.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N32049'56"E; THENCE SOUTHEASTERLY, ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 32°49'56", AN ARC DISTANCE OF 40.11 FEET; THENCE S85°05'48"E, 53.14 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF FARM TO MARKET ROAD (MT STATE HWY 424) (120 FEET WIDE); THENCE S4°27'30"W, ALONG SAID WEST RIGHT-OF-WAY LINE 387.42 FEET TO THE POINT OF BEGINNING. CONTAINS 16.77 ACRES, MORE OR LESS. Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: WGM Group FOR: Meadows Edge LLC DATE: 11 /29/2023 DESCP - Meadows Edge - Phase 3 PURPOSE : Subdivision YEARS ASSESSOR # 2021 thru 2023 0013865 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. DEC 1 9 2023 Deputy Treasurer (seal) s��0 COUNTy��\ PJ Sorensen From: Riley, Jean <jriley@mt.gov> Sent: Monday, February 12, 2024 10:09 AM To: Jarod Nygren Cc: 'Layne Massie'; Wade R; PJ Sorensen; Keith Haskins; Anderson, Rebecca Subject: EXTERNAL Morning Eagle Drive - Approach - Meadows Edge - Kalispell [NOTICE: This message includes an attachment -- DO NOT CLICK on links or open attachments unless you know the content is safe.] Jarod, Wade asked me to send you an email concerning the Morning Eagle Drive Approach. MDT has approved the plans for the approach and the modification of Farm to Market Rd (S-424) north of Mountain Vista Way. MDT is developing a Contactor Agreement to allow for the contractor to work within MDT right-of-way. If you have any questions, please give me a call. Jean Jean A. Riley, P.E. Transportation Planning Engineer I Rail, Transit, and Planning Division Montana Department of Transportation PO Box 201001 Helena, MT 59620-1001 406-444-9456 1 irileya-mt.gov MONTANA Follow Us: mdt.mt.ciov Department of fa, Transportation CITY OF KALISPELL June 1, 2022 Ben Rankin, P.E. Project Engineer WGM Group 431 1st Ave West Kalispell, MT 59901 Re: Meadows Edge — Phase 3 — Subdivision Engineering Conditional Approval Dear Ben: Thank you for your plan submittal. The City of Kalispell has reviewed the plans and supporting documents submitted 5/25/22 for the above referenced project. This project is hereby conditionally approved contingent upon meeting all of the conditions of the preliminary plat which includes, but is not limited to: 1. Frontage Improvements shall be approved and constructed or appropriately bonded for along Farm to Market in accordance with the conditions of preliminary plat and subdivision regulations. 2. All water and sewer infrastructure must be completed and accepted by the City of Kalispell. 3. The force main between the proposed lift station to downstream infrastructure must be approved, constructed, and accepted prior to final plat. 4. The gravity main connection to the existing sewer main on 3 Mile Drive must be approved, constructed, and accepted prior to final plat. The following deviation requests are approved for this project: 1. Deviation to 6.2.4.A to allow DR9 HDPE to be used for sewer force mains 2. Deviation to 6.1.8.A.1 to allow for 2.5 fps in a force main. 3. Deviation to 6.1.4.A to allow for greater design flow depth insanitary sewer gravity mains. Prior to construction, the City must receive a copy of the Montana DEQ approval for this subdivision. Approval does not relieve you from designing, nor the contractor from constructing this project in accordance with the City Standards currently in effect. The above referenced deviation requests are currently the only deviations approved for Meadows Edge — Phase 3. Any other deviations from City of Kalispell Design and Construction Standards or approved plans shall be submitted for review and approval prior to construction. 201 1' Avenue E Phone (406)758-7720 Po sox 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.com This approval is valid for 18 months from the date of this letter. If more than 18 months lapse before completing the project, plans, reports, and specifications shall be resubmitted and approved before construction continues. Please contact the Public Works Department if you have any questions or need clarification on any items. This approval is for the Public Works Department only and does not necessitate a full City approval. If additional approvals from other City Departments are required, they should continue to be pursued. In an effort to aid construction activities, we are now requesting construction drawings in dwg format to upload the proposed infrastructure into our GIS system. This allows us to write project specific work orders for tasks associated with new development. Please provide a dwg construction set prior to the start of construction. Please contact Mark Crowley at (406) 758-7776 or.mcrowley@kalispell.com to schedule a pre - construction meeting prior to initializing any construction on the site. A Right -of -Way permit and Construction Stormwater Permit must be obtained by the prime contractor for the project and are accessed online on the City's website. At project completion, please provide the city with record drawings meeting the requirements of Section 1.6 of the City Design and Construction Standards. The warranty period will not commence until construction is complete, certified, and accepted and record drawings are received. Sincerely, Patrick Jentz, PE Engineer 2 CC: • Mark Crowley — City of Kalispell — Construction Manager • Keith Haskins — City of Kalispell — City Engineer Page 2 of 2 CITY r.0001111111�. KALISPELL February 12, 2024 Ben Rankin, PE Project Engineer 431 Pt Avenue W Kalispell, MT 59901 Re: Final Plat Conditions for Meadows Edge PH 3 Dear Mr. Rankin, The purpose of this letter is to address the Public Works related conditions required prior to Final Plat as referenced in the conditions of Preliminary Plat described in Resolution No 6035. The following conditions require Public Works approval and appear to be applicable to the Final Plat of Phases 3 of the Meadows Edge Subdivision. Condition 3: "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. The design shall incorporate historic onflow and shall limit the developed flow rate to the historic flow rate or 0.074 cfs/acre, whichever is lower" The stormwater report and engineered drainage plan was approved by the Public Works Department on June 1, 2022. The off -flow rate was limited to less than 0.074 cfs/acre in the design report. The stormwater system has been constructed as designed. The Public Works Department accepted the public infrastructure on February 12, 2024. Condition 3 of the preliminary plat conditions shall hereby be considered satisfied. Condition 4: "The developer shallsubmit to theKalispel/Public WorksDepartmentpriorto 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. " City of Kalispell Construction Site Stormwater Permit SW20-0264 and Montana DEQ SWPPP Permit MTR108698 were approved and issued for construction. Condition 4 of the preliminary plat conditions shall hereby be considered satisfied. 201 1' Avenue E Phone (406)758-7720 Po sox 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.com Condition 5: The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department andMontana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Plans and specifications for Meadows Edge PH 3 were concurrently submitted to the Kalispell Department of Public Works and the Montana Department of Environmental Quality in accordance with the Standards for Design and Construction. City approval was obtained on June 1, 2022. MDEQ approval was obtained on June 22, 2022. Both approvals were received prior to commencement of construction. Condition 5 of the preliminary plat conditions shall hereby be considered satisfied. Condition 6: "Water and sewer main extensions shall be designed and constructed in accordance with the City ofKalispell's Standards for Design and Construction and in compliance with the city's facilities update and extension 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. " The water and sewer mains were designed in accordance with the City of Kalispell's standards as noted in the June 1st approval letter. Certification letters for the water main were provided on October 22" d 2022 and January 5th, 2024 by Ben Rankin Condition 6 of the preliminary plat conditions shall hereby be considered satisfied. Condition 7: "The sewer for Phases 3 and 4 shall be designed to connect into the West Side Sewer Interceptor when required due to available capacity. " The approved plans convey the sanitary sewer to a point where it will be able to flow to the West Side Sewer Interceptor when additional downstream infrastructure is constructed. Prior to final plat of Phase 4, the connection to the West Side Sewer Interceptor must be made. Condition 7 of the preliminary plat conditions shall hereby be considered satisfied. Page 2 of 5 Condition 8: "New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City ofKalispell 's Standards for Design and Construction. All design work shall be reviewed andapproved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. " Plans and specifications for new infrastructure within the Meadows Edge Subdivision were submitted to the Kalispell Department of Public Works in accordance with the Standards for Design and Construction. City approval was obtained on June 1, 2022. Condition 8 of the preliminary plat conditions shall hereby be considered satisfied. Condition 9: "As part of the final plat for Phase 3, Farm to Market shall be upgraded to a rural minor arterial standard from Mountain Vista Way north to the northern property boundary as provided in the City ofKalispell Standards forDesign and Construction. " The City of Kalispell approved the improvements to Farm to Marked on December 19, 2023. The Montana Department of Transportation noted the improvements to Farm to Market road were approved in an email form Jean Riley on February 12, 2024. Condition 8 of the preliminary plat conditions shall hereby be considered satisfied. Condition 11: "The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for approaches onto Farm to Market Road. If any improvements are necessary at the intersection of the roadways, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. " MDT approved the plans and improvements for the Morning Eagle Drive Intersection and Farm to Market fronting the current phase of meadows edge on February 12, 2024. Condition 11 of the preliminary plat conditions shall hereby be considered satisfied. Condition 12: "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 ofKalispell, anyprivate infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. " A letter accepting the public works infrastructure for Meadows Edge PH 3 was sent on February 12, 2024. Condition 12 of the preliminary plat conditions shall hereby be considered satisfied. Page 3 of 5 Condition 13: "All easements and/or right-of-ways 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. A letter accepting the Easements and right of ways for Meadows Edge PH 3 was sent on February 12, 2024. Condition 13 of the preliminary plat conditions shall hereby be considered satisfied. Condition 14: "At final plat, the developer shall demonstrate that each lot would have a buildable 30- foot by 30 foot building pad with less than 25% undisturbed slopes and a driveway at a maximum of 7% slope. " The approved plans for Meadows Edge PH 3 provide the required buildable lot areas and the development was completed in substantial conformance with the approved plans per the letter from Ben Rankin (Engineer of Record) dated January 25, 2024. Condition 14 of the preliminary plat conditions shall hereby be considered satisfied. Condition 21: A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. Sewer and water mains have been certified by the design engineer. More than 2/3 of the public infrastructure has been completed. Condition 24 of the preliminary plat conditions shall hereby be considered satisfied. Condition 22: All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. This note appears on the face of the first page of the final plat. Additionally, all plans reviewed and approved included only underground utilities, and onsite construction inspection has included only underground utilities. Condition 22 of the preliminary plat conditions shall hereby be considered satisfied. Page 4 of 5 Condition 23: All areas disturbed during development shall be re -vegetated with a weed free mix immediately after development. The site currently has an active stormwater permit that cannot be closed out prior to final stabilization. Condition 23 of the preliminary plat conditions shall hereby be considered satisfied. Condition 24: "Any water rights associated with the property are to be addressed according to the provisions of theMemorandum of Understanding between the developer and the City ofKalispell dated May 6, 2019. " All water rights associated with that Memorandum of Understanding have been transferred to the City of Kalispell. Condition 24 of the preliminary plat conditions shall hereby be considered satisfied. Sincerely, Patrick Jentz, PE Engineer 3 CC: PJ Sorenson, Esq. — Senior Planner Page 5 of 5 CITY r.0001111111�. KALISPELL February 12, 2024 Ben Rankin, PE WGM 431 1 st Ave W Kalispell, MT 59901 Re: Meadows Edge PH 3 Dear Mr. Rankin, The Final Plat for Meadows Edge PH 3 (December 15, 2023) has been reviewed by the Department of Public Works to ensure conformance with the City of Kalispell Design and Construction Standards for required easements and right-of-ways. All required easements and right-of-ways have been determined to be acceptable. Condition 13 of the Preliminary Plat conditions is hereby deemed satisfied. Additionally, public infrastructure constructed for the Meadows Edge Phase 3 Subdivision and proposed to be transferred to the City of Kalispell has been designed and constructed in accordance with MDEQ and City Design and Construction Standards, has been tested and certified by a Montana licensed Professional Engineer, and is considered accepted by the City of Kalispell. A satisfactory bond has been provided for work not yet complete. Condition 12 of the Preliminary Plat conditions is hereby deemed satisfied. Sincerely, h; Patrick Jentz, PE Engineer 3 Cc: PJ Sorensen — Senior Planner Keith Haskins — Deputy Public Works Director/City Engineer 201 1' Avenue E Phone (406)758-7720 Po sox 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.com D E AQdOM%%W� Montana Department of Environmental Quality November 24, 2021 Layne Massie Edge He PO Box 7184 Kalispell, MT 59904 RE: Confirmation Letter, Notice of Intent (NOI) MTR109254, Meadows Edge Effective January 1, 2021 a sign or other form of notice to publicly display confirmation of coverage is required on site. Dear Layne Massie: The Department of Environmental Quality (DEQ) acknowledges the receipt of your complete application package (NOI and SWPPP) to discharge under the January 01, 2018, General Permit for Storm Water Discharges Associated with Construction Activity (SWC-GP) on November 25, 2021. Your authorization number under the SWC-GP is MTR109254. Please include this number on any correspondence with DEQ regarding this site. This letter confirms only that a complete NOI has been received. DEQ does not assess the validity of the information you provided other than project location as it relates to sage grouse habitat. Your signature on the NOI certifies that you have read, understand, and are implementing all applicable requirements. Specifically, the SWC-GP: Requires implementation of a Storm Water Pollution Prevention Plan (SWPPP), Defines the inspection process, and Defines record keeping requirements (refer to Part 2.5 of the General Permit). The SWC-GP and additional guidance materials can be viewed and downloaded from out FACTS page at http://deq.mt.gov/Public/FACTS or the MT DEQ website at http://deq.mt.gov/Water/StorinWater/StorinSystems. Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT). Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees each calendar year until a complete NOT is received. Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits. if you have questions regarding SWC-GP requirements, please contact me at (406) 444-0574 or via email catherine.culver@mt.gov. Sincerely, Ck�- awu Cathy Culver Data Control Tech Montana Department QAAq�hh-,. of Environmental Quality June 22, 2022 Ben Rankin, PE WGM Group 431 V Avenue West Kalispell, MT 59901 RE: Meadows Edge Phase 3 Water and Sewer Main Extensions Kalispell, MT; EQ#22-1354 Dear Mr. Rankin: I have reviewed the plans, specifications, design report and certified checklist submitted under the seal of Benjamin J. Rankin, PE# 41791. The subject project was reviewed in accordance with Department Design Standards Circulars DEQ-1 and DEQ-2. The submittal was received on September 16th, 2021. Additional information, including revised plans and specifications was received on June 201h, 2022. The request to install approximately 2,400 linear feet of water main and approximately 2,500 linear feet of gravity sewer collection main within the City of Kalispell, Montana is hereby approved with the condition listed below. Condition of ADDroval: The sewer main extensions, approved with this letter, cannot convey wastewater to the City of Kalispell collection and treatment system without the construction of a new lift station. This new lift station, near the intersection of Morning Eagle Drive and Farm to Market Road, has been submitted and is currently being reviewed under EQ#22-2450. A copy of the plan set and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained as Department record. A third set will be provided to the Flathead County Public Health Department. The project is generally located west of Farm to Market Road, approximately % mile north of the intersection of Three Mile Drive and Springcreek Road and being in the east % of the southeast % of Section 3 Township 28 North, Range 22 West, Principle Meridian Montana, City of Kalispell, Flathead County. The project generally consists of installing approximately 2,430 linear feet of 8-inch PVC water main, fire hydrants, valves, service lines and appurtenances for water supply. Wastewater collection consists of installing approximately 2,495 linear feet of 8-inch gravity sewer collection main, manholes, and appurtenances. The project is intended to serve 31 lots of the Meadows Edge Subdivision Phase 3; reviewed for a municipal facilities exclusion from MCA 76-4 under EQ #22-1355. Department approval of this project covers only those portions of the plans and specifications that are subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and specifications that are outside of the Department's review authority, including but not limited to, electrical work, architecture, site grading or water and wastewater service connections. Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov The project may not be placed into service until the project engineer or designer certifies by letter to the Department that the activated portion of the project was constructed in substantial accordance with the plans and specifications approved by the Department and there are no deviations from the design standards other than those previously approved by the department. Within 90 days after the completion of construction, a complete set of certified "as -built" drawings must be signed and submitted to the department. Construction of this project must be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. Thank you for your efforts to meet our requirements. If I can offer any further information or assistance, please feel free to contact me at (406) 444-5368 or Steven.Lipetzky@mt.gov. Sincerely, etzPEve Lipe Public Water and Subdivisions Bureau Enclosed: One (1) set of Plans and Specification - Approved cc: Flathead County Public Health Department File: EQ #22-1354 Montana Department QA�qh_h. of Environmental Quality August 26, 2022 Ben Rankin, PE WGM Group 431 V Avenue West Kalispell, MT 59901 RE: Meadows Edge Phase 3 Lift Station Kalispell, MT; EQ#22-2450 Dear Mr. Rankin: I have reviewed the plans, specifications, and design report submitted under the seal of Benjamin J. Rankin, PE# 41791. The subject project was reviewed in accordance with Department Design Standards Circular DEQ-2. The submittal was received on May 3`d, 2022. Additional information, including final plans and specifications was received on August 25th, 2022. The request to install approximately 1,325 linear feet of wastewater force main, approximately 1,160 linear feet of gravity sewer collection main, and a duplex wastewater lift station within the City of Kalispell, Montana is hereby approved with the condition listed below. Conditions of Approval: Condition 1: The lift station will operate in an interim state to prevent exceeding capacity of existing downgradient gravity sewer main capacity. The maximum discharge from the lift station will not exceed 180 gpm until a proposed gravity sewer main is constructed from Three Mile Drive to the West Side Interceptor south of Spring Creek Estates Subdivision to avoid surcharging existing gravity sewer within Battle Ridge Drive and Triple Creek Drive. The maximum discharge from the lift station will be controlled by programming within the lift station controls to convey wastewater during "off-peak" periods based on diurnal wastewater patterns provided by the certifying engineer. Cnnrlitinn 7- To accommodate interim operation of the lift station and "off-peak" discharge, the pump floats have been set at an interval that creates fill times between pump run periods that exceed the requirements of DEQ-2 Section 42.62. To prevent odor production and corrosive conditions, a mixer will be installed within the lift station wet well. Operation of the mixer will be required until such time that the gravity sewer main described in Condition 1 is installed, float settings are adjusted, and flows to the lift station create fill times that do not exceed 30 minutes between pump cycles. Condition 3: The design capacity of the lift station is 180 gpm. Based on planning values included in the design report prepared for the project, the capacity of the lift station pumps will be reached with Meadows Edge Phase 3 and Phase 4. Upgrades to the suction lift pumps will be required once the actual inflow exceeds 180 gpm or development is realized beyond those stated above. Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov A copy of the plan set and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained as Department record. A third set will be provided to the Flathead County Public Health Department. The project is generally located at the intersection of Morning Eagle Drive and Farm to Market Road, approximately % mile north of the intersection of Three Mile Drive and Springcreek Road and being in the east % of the southeast % of Section 3 Township 28 North, Range 22 West, Principle Meridian Montana, City of Kalispell, Flathead County. The project generally consists of installing approximately 1,160 linear feet of 8-inch SDR 35 PVC, gravity sewer main, manholes, 1,325 linear feet of 6-inch HDPE force main, a Gorman Rupp duplex suction -lift wastewater lift station, wet well, VFD controls, valves, 80 kW natural gas backup generator, automatic transfer switch, and appurtenances. Department approval of this project covers only those portions of the plans and specifications that are subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and specifications that are outside of the Department's review authority, including but not limited to, electrical work, architecture, site grading or water and wastewater service connections. The project may not be placed into service until the project engineer or designer certifies by letter to the Department that the activated portion of the project was constructed in substantial accordance with the plans and specifications approved by the Department and there are no deviations from the design standards other than those previously approved by the department. Within 90 days after the completion of construction, a complete set of certified "as -built" drawings must be signed and submitted to the department. Construction of this project must be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. Thank you for your efforts to meet our requirements. If I can offer any further information or assistance, please feel free to contact me at (406) 444-5368 or Steven.Lipetzkv@mt.gov. Sincerely, Steve Lipetzky,� PEA Public Water and Subdivisions Bureau Enclosed: One (1) set of Plans and Specification - Approved cc: Flathead County Public Health Department File: EQ #22-2450 Montana Department A.Q4111b, of Environmental Quality October 24, 2022 Stephanie Reynolds PE WGM Group 431 1 st Avenue West Kalispell MT 59901 RE: Meadows Edge Phases 3 Municipal Facilities Exclusion EQ# 22-1355 City of Kalispell Flathead County Dear Ms. Reynolds; This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not subject to review, and the Declaration can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water Supply Sect ari's-approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, -Chaptet 4. Meadows Edge Phases 3 & 4 Municipal Facilities Exclusion will consist of 31 Single family Lots_ Sincerely, Mar ,arite Jua z Thomas Section Supervisor Engineering Bureau Department of Environmental Quality (406) 755-8956 Email MJuafezThomas@,Mt.g_oy cc. - 'pity' Engineer'.. ,. County Sanitarian file Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov CITY OF KALISPELL January 11, 2024 Kalispell Planning Department Attn: PJ Sorenson P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Re: Meadow's Edge Phase 3 Dear PJ: Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 This letter is to serve as conditional approval on the proposed landscaping plan for the boulevards, park, and common area Meadow's Edge Phase 3, per designs submitted by WGM Group. It is agreed that if the project is extended, the developer will be responsible for submitting bonding for the remaining improvements as specified on the submitted plan for Meadow's Edge Phase 3. The bond may not be longer than a period of 12 months. Tree plantings are required to meet the Street Tree Ordinance standards of 2 't/4" caliper and have a 4-foot fibrous mulch around them in addition to meeting ISA planting standards. Prior to installation of the trees, the developers landscape contractor is to contact our Parks Superintendent prior to any tree plantings about proper planting protocols and submit a planting permit. Mineral mulch in the boulevards and adjacent to the public way is not permitted. Any landscape revisions or substitutions need to be authorized by Kalispell Parks and Recreation prior to installation. Irrigation systems will need to extend to the furthermost edges of all landscaped areas and provide head - to -head coverage. Any areas with temporary irrigation will need to be underground with no hoses or portable sprinklers used to irrigate and be on a central timer with the rest of the subdivision irrigation. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings at which time any bonding that has been submitted will be released after acceptance of completed landscaping. It should be noted that all trees and landscaping are under a 2-year warranty period, and should they die within this period, the developer will be responsible for replacement. The warranty period will not begin till Kalispell Parks and Recreation accepts all landscaping meeting ISA standards, our landscape ordinance, and our forestry ordinance. If you have any concerns or questions, please give me a call. Sincerely, ld� �_ Chad Fincher, Parks, and Recreation Director Kalispell Parks and Recreation KALISPELL FIRE DEPARTMENT Dan Pearce — Fire Chief PO Box 1997 Jessica Kinzer Assistant Chief 312 First Avenue East Cec Lee —Fire Secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 Re: Meadows Edge (Phase 3) Fire Hydrant Locations January 25, 2024 Upon review of the Fire Hydrant Exhibit plan submitted to Kalispell Fire Department for Meadows Edge -Phase 3 (WGM Group, Project 171034 Water Page, dated June 23,2022 ), the Fire Department approves the hydrant layout/spacing and ability to access these hydrants from the design submitted. This approval does not include future development/expansions with additional lots or phases where additional hydrants might be needed depending on site layout. Daniel Pearce Fire Chief City of Kalispell "Protecting our community with Ilse highest level of professionalism." UNITED STATES POSTAL SERVICE Sam Larson WGM Group 431 1" Ave W. Kalispell, MT 59901 June 17, 2021 Sam - I have looked at the west Meadows Edge Subdivision Phase 3 & 4 Mailboxes. I agree to the placement shown on the PLAT. I have a Mode of Agreement between Meadows Edge Subdivision Phase 3 & 4 and the USPS stating the developer will purchase 8-16 Units CBU's to service the 125 residents. In - addition, the purchase of 2-4 Unit Parcel lockers and 1-2 Unit Parcel locker will be installed at the site. The Units will be installed prior to the residents moving into their homes. This is a condition of my approval so that the customers have a secure Mode of Delivery and will be able to receive mail and parcels and to be added to the Automated Mail System (AMS) that the USPS provides this for address conformation for Local, City, State and Federal Mandates. Consider this letter as approval of the site for US Postal Service Delivery. Respectfu Larry A. Gdiie [PPostmaster 350 N. Meridian RD Kalispell, MT 59901-9998 `- 406-257-9796 ®Lawrence.A.Golie@USPS.GOV FCA Flathead Station JUN 17 2021 1431 —tR 59� UNITED ST13TES "Efficiency is doing things right; Effectiveness is doing the right things. " — Peter Drucker AGENCY USE ONLY PERMIT NO.: Date Rec'd.: Amount Rec'd.: Check No.: Rec'd By: Montana Department of Environmental Quality WATER PROTECTION BUREAU FOFdM SWPPP Storm Water Pollution Prevention Plan (SWPPP) Form 2018 Storm Water Discharge Associated With Construction Activity MTR100000 READ THIS BEFORE COMPLETING FORM: The Form SWPPP is intended to assist operators in developing a SWPPP which complies with Part 3 of the General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). It is the perniittee's responsibility to ensure all required items in the General Permit are adequately addressed and that the SWPPP is developed, implemented, and maintained. Additional infonnation may be needed to supplement the Form SWPPP. For additional information, please call: (406) 444-3080 or visit: htt ://de .mt. ov/w info/m des/stormwaterconstructigD.nic x Section A - SWPPP Status: (Check one) © New No prior SWPPP submitted for this site. ❑Modification Permit Number: MTR10 _ _ _ _ (Please specify these four numbers) Section B - Facility or Site Information: Site NameMeadows Edge Phase 2,3 U Site LocationCorner of 3mile drive and Springcreek dr. west of Farm to Market And north of Smile. Nearest City or TownKalispell CountyFlathead Section C - Applicant (Owner/Operator) Information: Owner or Operator Name Edge LLC Mailing Address PO Box 7184 City, State, and Zip Code Kalispell, MT 59904 Phone Number 4067567484 Section D SWPPP Preparer and SWPPP Administrator SWPPP Preparer: Name or Position Title Kyle Reddig Project Manager Mailing Address PO Box 7184 City, State, and Zip Code Kalispell, MT 59904 Phone Number 4062121614 Email kyleCa)edgedevelopment-a)com Training Course Stormwaterl 241 R Date Completed 10/13/2021 Final Permit: 2018-2022 Form SWPPP Page 1 of 10 Primary SWPPP Administrator: ©Same as above Name or Position Title _ Mailing Address City, State, and Zip Code Phone Number Training Course Secondary SWPPP Administrator: Name or Position Title Mailing Address City, State, and Zip Code Phone Number Training Course Email Email Date Completed Date Completed Section E — Site Description (Part 3.3) 1. Describe the nature of the construction activity and what is being constructed. Remove topsoil, construct new road sections(curb, sidewalk, asphalt) install new water, sewer, storm sewer, and dry utilities for a new phases of Meadows Edge, a residential housing development. 2. Describe all support activities and associated storm water discharges dedicated to the construction activity including but not limited to: material borrow areas, material fill areas, concrete or asphalt batch plants, equipment staging areas, access roads/corridors, material storage areas, and material crushing/recycling /processing areas. Contractor will be reshaping land contours utilizing borrow areas in phase 4 to fill areas in phase 3. concrete curb, gutter, and sidewalk to be installed, equipment staging onsite and import of road base/gravel. Piping/infrastructure material to be stored onsite. Lumber and construction material will be stored onsite in later stages. 3. Provide an estimate of the total area of the site, and an estimate of the area of the site expected to undergo construction -related disturbance (including all construction -related support activities). Total Site Area (acres): 68 Area of Construction -Related Disturbance (acres): 40 4. Describe the character and erodibility of soil(s) and other earth material to be disturbed at the site, including cut/fill material to be used. Slte soils consist of 12-18" of topsoil to be removed and stockpiled for stabilization. underneath the topsoil consists of 4-5' of silty sand and sand with silt. The next layer is gravel/round rock with sand. the borrow fill areas will consist of the silty sand and gravel. Final Permit: 2018-2022 Form SWPPP Page 2 of 10 5. Provide a brief description of the existing vegetation at the site and an estimate of the percent density of vegetative ground cover. Site was planted with mostly wheat and and consists of straw remains. soem portions were not suitable for harvest andd remain field grass. Density is approx 90 percent Specify Percent Density of Existing Vegetation: 90 6. For a storm water discharge associated with construction activity with construction -related disturbance of five acres or more of total land area (based on the acreage provided in item E.3 above): a. Provide an estimate of the runoff coefficient of the site, both before and after construction, and describe what supporting information this determination is based upon: Runoff coefficient before construction: 0 Runoff coefficient after construction: 0 Supporting Information Source: Stormwater runoff will be contained onsite utilizing retention ponds in 2 locations. b. Provide an estimate of the increase in impervious area after the construction activity is completed: 50 Percent. 7. In the Outfall table below, identify the name(s) of the first state surface water(s) that receives storm water from the construction project. Provide a description of the size, type, location of each outfall, and if the discharge is to a storm sewer system. To properly identify the state receiving water, locate the drainage(s) into which the construction project discharges. If additional outfalls are applicable, please include an attachment. Size of Outfall Receiving Surface Water Drainage Area of Latitude and Longitude of Discharge to Number Associated with Discharge Outfall Municipal Storm each Outfan Sewer System 001 None(onsite retention Ponds; C Sheet Concentrated � Yes O No 002 1 C Sheet r'* Concentrated Yes No 003 C Sheet r Concentrated Yes ( No 004 C S eet Concentrated r' Yes No 005 < Sheet C Concentrated (; Yes No 006 C S eet C Concentrated (7 Yes i-\ No 007 C Sheet C' Concentrated r Yes (7 No 008 meet C Concentrated Yes (^ No 009 -Sheet Concentrated C` Yes No 010 C Sheet C Concentrated (7 Yes (7- No a. List the impaired receiving surface waters from the table above. Concentrated Stormwater will remain in onsite retention ponds. Final Permit: 2018-2022 Form SWPPP Page 3 of 10 Section F — Identification and Summary of Potential Pollutant Sources (Part 3.4) Select the pollutants expected to be present on the construction project: Soils ❑Areas of Shallow Grade ❑ Areas of Steep Grade ❑ Slopes ❑ Ditch 0 Stockpiles El Contaminated Soils RImport and Export Operations DEntrance / Exit Locations ❑Other Explain Materials ❑Loading and Unloading Operations 0 Storage of building materials ❑ Storage of chemicals RPortable Toilets ❑Concrete Batch Plant ❑Asphalt Batch Plant ® Worker Trash ❑Demolition Materials / Debris ❑ Other Explain Activities O Concrete Truck Washout El Masonry - Stone / Brick / Concrete ❑ Spray / Wand Applications ❑Finish Work — Dry wall / Painting ❑Equipment Washing ❑ Washing of Buildings ❑Maintenance of Equipment ❑Refueling Operations ❑Application of herbicides, pesticides, fertilizers ❑Application of solvents or detergents El Construction Dewatering El Other Explain Additional Pollutants List any additional pollutants likely to be present at the construction project. Non -Storm Water Discharges Select the types of allowable non -storm water rl;crharaac 1, ,.,. —4- 4-1 ------b-�---��_� .. F'VOVIIL LLL T e of Allowable Non -Storm Water Discharge LllV L+v115L1uUL1V11 project. Irrigation Drainage Present at Construction Project Landscape Watering Yes • No Pavement Wash Waters • Yes 0 No Routine Building Wash Down Yes • No Uncontaminated spring or ground water Yes • No Water used for dust control Yes • No Emergency fire -fighting activities • Yes No Foundation or footing drains Yes • No Incidental windblown mist from cooling towers • Yes Yes • No Uncontaminated condensate from air conditioners, coolers, or No other compressors Other Explain U Yes OFNo Yes • No rinai Permit: ZU18-2022 Form SWPPP Page 4 of 10 Section G — Selection of Best Management Practices (BMPs) (Part 3.5) Select the BMPs to be used during the construction project. All selected BMPs are required to have a specification provided in the SWPPP. The specifications do not have to be submitted to DEQ. The specifications are required to be maintained by the SWPPP Administrator(s) and provided to DEQ, EPA, or other local permitting authority upon request. Erosion Control BMPs ❑ Surface Roughening ❑Diversion Ditches ❑ Velocity Checks / Check Dams ❑Preservation of Existing Vegetation El Minimizing Ground Disturbance ❑Mulch — Straw / Compost ❑Tackifiers / Soil Binders ❑Temporary Seeding ❑Erosion Control Blankets ❑Rough Cut Street Controls / Water Bars ❑Channel Liner ❑ Stream Crossing ❑ Terracing ❑ Culvert DOutfall / Outlet Protection (Rip Rap) ❑ Other Run On / Runoff Control BMPs ❑Temporary Slope Drain El Rock Run Down ❑Clean Water Diversion ❑Drainage Swales ❑ Other Sediment Control BMPs RSilt Fence ❑ Straw Wattles ❑Rock Wattles / Rock Socks ❑ Curb Socks El Straw Bales DEarthen Berms ❑ Vegetative Buffers El Drainage Ditch / Ditch Berm ❑ Gravel Pack ❑Tarps, Plastic, Visqueen ❑Compost Socks ❑Brush Barrier ❑Sandbag Barrier RInlet Protection Administrative Controls RConcrete and Liquid Waste Washouts M Worker Toilets ❑Construction Fencing BDust Control ❑Secondary Containment RDumpsters / Waste Receptacles El Stabilized Staging Area ❑Material Storage and Stockpile Area El Paving and Painting Controls ❑ Saw Cutting and Grinding Controls ❑Spill Prevention and Response Procedures ❑Traffic Control ❑Back Charging / Penalties ®Vehicle Tracking Control Pad ❑Other El Stabilized Vehicle Entrance ❑ Stabilized Parking Area ❑ Stabilized Construction Roadway ❑ Street Sweeping El Sediment Trap ❑ Sediment Basin ❑ Other Post Construction BMPs El Detention Pond(s) ORetention Pond(s) ❑Drainage Swales ❑Infiltration System(s) ❑Dry Well(s) ❑ Other Additional BMPs List any additional BMPs likely to be used at the construction project. Main perimeter to be protected by earthen berms. Silt fencing to be installed around low lying area. Final Permit: 2018-2022 Form SWPPP Page 5 of 10 Local Erosion and Sediment Controls Describe applicable local erosion and sediment control requirements. Dewatering Activities (Part 3.6) Describe dewatering activities associated with the construction project. Identify the BMPs to be used to control dewatering activities and prevent discharges to state waters. If a separate authorization is obtained under the Construction Dewatering General Permit, include the dewatering plan with the SWPPP. N/A ❑ Dewatering activities will be controlled on -site with no discharge to state waters. Provide a description of BMPs to be used to control dewatering activities on -site. ❑Separate authorization obtained under the Construction Dewatering General Permit. MPDES Permit Authorization Number: MTG07_ DDewatering plan is attached to the SWPPP for the separate authorization. Final Permit: 2018-2022 Form SWPPP Page 6 of 10 ❑ � ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ § .0 / / \ C: U § o 2 ca❑ ❑ ❑ ❑ ❑ ❑ ❑ � 2 m C)a k g / � \ o /Ln 2 E g \ 2 _ = d N ❑ N E ❑ ❑ ❑ m \ � -C MU # § ƒ 7 f c / cu ❑ ❑ ❑ ❑ o n ■ _ & 0— ) Cl CJ - k = / ro - $ f 2 2 ai / / ƒ ❑ ❑ \ \ / \ 2cu a 0 c o > _ # ( .g c U f ) \ Ln 2 C \ o 2 $ 2 k k / ❑ ❑ ❑ ❑ ❑ / c m _0 c E J c e # o 2 0 0 6 \ ¥ E r / \ _� � ° \ 7 / : ❑ El ❑ El El 2 / E - 0 f 7 / / I ° U U g L 0 I o k 0 o ) ! ƒ 3 3 / (A�_ E - ° g � t = 7 ® ) - $ 0 3 c « & g- a u e m g ƒ/ @ a £ t /S / £ 2 / \ / CL m W _7 E 0 j \ \ 1 \ Major Construction Activity Schedule (Part 3.7) List the major construction activities identified in the table above and provide an estimated timeframe for each major construction activity. For each major construction activity, identify all construction activities that will occur during the proposed major construction activity. Gound Contouring for phases 3 & 4 begins in the next 2-weeks and extends into spring of 2022 followed by utility install and road construction. Road construction/utility install for phase 3 is expected to be complete in May of 2022. Home construction of Phase 3 to follow beginning in May of 2022 and extending into the fall of 2022. Road construction in phase 4 to begin in summer of 2022 and extending into fall of 2022. Home construction in phase 4 to begin fall of 2022 Section I — Final Stabilization (Part 3.8) Identify the BMPs that will be used to achieve final stabilization. Information to be included is seed mix selection and application methods, soil preparation and amendments, soil stabilization practices, and any temporary BMPs. Final stabilization consists of irrigated and landscaped boulevards and individual irrigation systems outside of impervious driveway/street areas. Section J — Post -Construction Storm Water Management (Part 3.9) Identify BMPs that will be used to control storm water discharges that will occur after the major construction activities are complete. Include a description of applicable local requirements. New catch basins and associated piping sytems route stormwater into site constructed retention ponds with riprap outlets. Stormwater retention pods will be completed prior to final plat issuance on residential lots. Landscaping will be completed per house prior to occupancy permit issuance. Final Permit: 2018-2022 Form SWPPP Page 8 of 10 Section K — Site Map (Part 3.10) Develop and attach the required SWPPP site maps and plans with the SWPPP. The site maps or plans must clearly indicate all the required information in Part 3.10 of the General Permit. This means SWPPP site maps must be of sufficient size, scale, and legibility. Section L — Inspection and BMP Maintenance Procedures (Part 3.11) Select the inspection schedule for the construction project: ❑Once every 7 calendar days DOnce every 14 calendar days, and a post -storm event inspection within 24 hours of the end of a rainfall event of 0.25 inches or greater, and/or within 24 hours of runoff from snowmelt. Check one: The rainfall event will be determined by either 0 a rain gage on site or Othe following weather service: The National Weather Service Describe the inspection and maintenance procedures that will be used to maintain all erosion, sediment control, and other BMPs in good and effective operating condition. Identify how changes to the SWPPP will occur per Part 3.12 of the General Pen -nit. If post construction BMPs will be used during major construction activities, include a maintenance plan that will transition the BMP from active construction to post construction. Routine site inspections will be conducted in accordance with requirements as well as daily onsite supervision thoughout the residential building process. Modifications to the SWPPP will occur as site conditions evolve from rough grading/sitework to home construction and stabilization for each phase. Section M — Water Quality Controls for Discharges to Impaired Water bodies (Part 2) Describe BMPs that target and reduce discharges of identified pollutants of impairment to impaired waterbodies. The permittee should only describe additional BMPs based on their construction activities pollutant sources. Include any applicable TMDL condition, goal, requirement, implementation intent, or specific controls or requirements as directed by the Department. Final Permit: 2018-2022 Form SWPPP Page 9 of 10 Section N — Miscellaneous Information Use this space to identify miscellaneous information that is to be included in the SWPPP. Section O - CERTIFICATION Permittee Information: This SWPPP must be completed, signed, and certified as follows: • For a corporation, by a principal officer of at least the level of vice president; • For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or • For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official. Alternatively, this SWPPP may be signed by a duly authorized representative of the person above. A person is a duly authorized representative only if • The authorization is made in writing by a person described above; • The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company (a duly authorized representative may thus be either a named individual or any individual occupying a named position); • The written authorization is submitted to the department. All Permittees Must Complete the Following Certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information; including the possibility of fine and imprisonment for knowing violations. [75-5- 633, MCA] A. Name (Type or Print) Kyle Reddig B. Title (Type or Print) C. Phone No. Project Manager @ Edge LLC 1406-212-1614 D. Signatuyte E. Date Signed 11 /16/2021 1 n/liepartment wilt process this form until all of the requested information is supplied, and the appropriate fees are paid. Return this form and the applicable fee to: Department of Environmental Quality Water Protection Bureau PO Box 200901 Helena, MT 59620-0901 (406) 444-3080 Final Permit: 2018-2022 Form SWPPP Page 10 of 10 4&"AWGMGR0UP Community Values. Inspired Futures. October 27, 2022 City of Kalispell Public Works Department Attn: Mark Crowley 201 1 st Avenue East Kalispell, MT 59903-1997 Re: Meadows Edge Phase 3 Complete Water Main Disinfection, Testing, and Observation Report Dear Mark: The Water Main System for Meadows Edge Phase 3 was pressure tested, chlorinated, flushed, and bacterial sampled and tested. WGM Group has verified the overall completion of Meadows Edge Phase 3 disinfection and testing requirements for the subdivision development. Water mains at Meadows Edge Phase 3 are ready to be transferred to the City of Kalispell for municipal operation and maintenance. A summary of the testing requirements and results appears below: Hydrostatic Pressure (>125 psi, two (2) hours, 10/6/2022): Hydrostatic pressure testing was performed on the water distribution mains according to City of Kalispell requirements and section 02660 of the Public Works Standard Specification, Seventh Addition. • On 10/6/2022 Mark Crowley was informed of the pressure testing and Adam Pummill was present for the two (2) hour duration of the test holding pressure at 125 psi. The water main pressure test included the following (see Daily Construction Report 10/6/2022): o Water Main: ■ Morning Eagle Drive: STA: 1+00 to 9+47.22 & 1+00 to 4+00 ■ Bearhat Mountain Road: STA: 1+59.95 to 11+78.17 ■ Ahern Court: 1+08.81 to 3+92.56 Chlorine Disinfection (>24 hours. 10/3/2022 through 10/5/2022) : Chlorine disinfection and flushing efforts were performed on the water distribution mains according to City of Kalispell requirements and section 02660 of the Montana Public Works Standard Specification, Seventh Addition and AWWA C651- 05 Disinfecting Water Mains. Mark was informed of the chlorine disinfection time and was present at time of testing (See Daily Construction Report 10/3/2022 and 10/4/2022). Total Coliform Analysis (10/7/2022 through 10/10/2022): Samples were gathered from the fire hydrants located at the two north hydrants on Bearhat Mountain Road, hydrant at the west end of Bearhat Mountain Road and the cul-de-sac hydrant in Ahern Court. The samples were collected by the contractor and delivered by Matt Carlenzoli and Mark Crowley to be analyzed at a certified testing laboratory. These samples were collected with a minimum of 24 hours apart and produced satisfactory results. For your review, I have enclosed the construction observation report documenting the hydrostatic testing procedures. The bac-T testing results are also included. Please feel free to call me at 406-756- 4848 or email me at brankin(d_)wgmgroup.com with any questions or remaining requirements. 431 1" Avenue West, Kalispell, MT 59901 I OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com Mark Crowley Page 2 of 2 Sincerely, WGM Group, Inc. Benjamin Rankin P.E. Project Engineer ;��t�,,tN � T iA IV "le* — '•' BENJAMIN J.' — RANKIN w • No. 41791 PE Enclosed: Hydrostatic testing Construction Observation Report with Chlorination Disincentive Results; Bac-T testing results PrAT WGMGROUP January 5, 2024 City of Kalispell Public Works Department Attn: Keith Haskins 201 1st Avenue East Kalispell, MT 59901 Re: Meadows Edge Subdivision Phase 3 EQ#: 22-2450 & 22-1354 Lift Station and Sewer Main Extension Certification Dear Keith. WGM Group, Inc. certifies that the sewer main extension improvements within the Meadows Edge Phase 3 subdivision along with the Meadows Edge Regional Lift Station have been completed and tested in substantial conformity with the approved WGM Group, Inc. construction plans and specifications dated 6/23/22 and 6/22/22, respectively, and approved construction modifications. There are no deviations from the design standards other than those previously approved by the department. This certification only covers the installation of the sewer mains within the subdivision itself and the Regional Lift Station. The sewer main extension leaving the lift station is not included and was previously provided. If you have any questions or would like additional information, please feel free to give me a call at 406-756- 4848 or email me at brankinCcDwqm, rou .cam. Sincerely, ,.t�a:at� s,aarr�r� WGM Group, Inc. ONT ',•��fff _-`��ti,••�t` ` Rll i'� UN c � No. 1791 ' E ti •` Benjamin Rankin, PE PROJECT ENGINEER �r�,s. " • • rhCy`�' '() ` rN 1A cc: MDEQ / EQ# 22-2450 & 22-1354 Edge, LLC - Wade Rademacher City of Kalispell Planning Department - Jarod Nygren City of Kalispell Public Works Department - Keith Haskins File 431 151 Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com WMA WGMGROUP Community Values Inspired Futures January 25, 2024 City of Kalispell Public Works Department Attn: Keith Haskins 201 1st Avenue East Kalispell, MT 59901 Re: Meadows Edge Subdivision Phase 3 EQ#'s 22-2450, 22-1354, & 21-1452 Water and Sanitary Sewer Main Extensions, Stormwater System, and Sanitary Lift Station Project Completion Dear Keith: The Meadows Edge Phase 3 Subdivision, Regional Lift Station, and Sewer Extension projects are complete, and the following items required for project completion have been addressed below: • Punch list items are complete or bonded for • Project certification letters have been previously submitted to the Department. ■ A tabulation showing unit quantities and prices for all City -owned infrastructure has been previously submitted to the Department. • A letter from the Owner for a transfer of ownership request that the City of Kalispell accept ownership and begin maintenance of City of Kalispell -owned infrastructure has been previously submitted to the Department. • All soil density and concrete testing results were previously submitted. • Record drawings are in the process of being completed and will be submitted to the Department upon completion. Record drawings will include one half-size PDF set and one DWG electronic copy. An SIA performance bond is in place for any infrastructure and landscape/irrigation that has not been completed. WGM Group, Inc. certifies that the construction of the water, sewer, and storm utilities and roadways meet the requirements of the approved construction documents. If you have any questions or would like additional information, please feel free to give me a call at 756- 4848 or email me at brankin(aD-wgmproup.com. Sincerely, WGM Group, Inc. Benjamin J. Rankin, P.E. PROJECT ENGINEER INt VON O N TAP�r/f��'. RANKIN o No. 41791 P � ��o-�� 0INA�` t>>�kO\�l� 431 151 Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com MEMORANDUM OF UNDERSTANDING between THE CITY OF KALISPELL, MONTANA and MEADOWS EDGE, LLC FOR THE TRANSFER OF WATER RIGHTS AND WATER USAGE This agreement ("MOU") is made and entered into by and between the City of Kalispell, a municipal corporation incorporated and organized under the laws of the State of Montana, ("City") with its business office at 201 1" Ave E, Kalispell, MT 59901and Meadows Edge, LLC ("Meadows Edge") a limited liability company organized under the laws of the State of Montana with its business office at P.O. Box 2190, Woodland, WA 98674-0021 for the purposes set forth below. RECITALS 1. Upon the petition of Meadows Edge, the City annexed property owned by Meadows Edge into the City by Resolution No. 5873 and particularly described as follows: Tract 3 of COS 18892 in the East Half of Section 3 and Parcel A of COS 15268 in the Southwest Quarter of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 2. Thereafter the City adopted a zoning designation for the property as a Planned Unit Development by Ordinance No. 1810 and approved the preliminary plat for the property by Resolution No. 5874. 3. The City serves as the owner and operator/manager of a municipal water system known as the Kalispell Water Utility System, which provides potable water services to the City of Kalispell including the subdivision of Meadows Edge. 4. The City water service regulations require all properties annexing into the City and receiving water service from the City water utility to transfer all water rights benefitting the property being served to the City. 5. Meadows Edge seeks to develop the annexed property in phases and to utilize its water rights in such a fashion as to allow for the irrigation of the yet to be developed agricultural land from the surface water right it holds under the Statement of Claim 76L7148685. 6. The City regulations do not allow the use of surface waters for purposes of potable water or irrigation of property that has been developed for residential use. Water Rights MOU — City of Kalispell/Meadows Edge, LLC - Page 1 NOW, THEREFORE the City and Meadows Edge agree as follows: 1. The foregoing recitals are true and correct and by this reference are incorporated into the terms of this MOU. 2. Meadows Edge shall transfer all water rights it holds on the property (Statements of Claim 76LJ 148685, 148695, 148679, and Provisional Permit 76LJ2318) to the City prior to final plat of Phase IA of the subdivision. 3. The City shall allow continued use of the water right described in Statement of Claim 76LJ 148679 for the sole purpose of irrigation of unimproved portions of the development which have not received final plat approval for a maximum period of 10 years or at the time of approval of the final plat of the last phase of the development, whichever occurs first. 4. As the common areas, parks and boulevard areas are developed in each phase of the subdivision and prior to the final plat of each phase, all irrigation shall be conducted to utilize only the City potable water services, which have been setup, established and metered for such purposes, meeting the requirements of the regulations for water service as well as the Design and Construction Standards. IN WITNESS WHEREOF the parties have subscribed their names on the dates hereinafter written. Date Date FOR ,VOWS EDGE, LLC Wade Rademacher, Project Mana FOR THE CITY OF KALISPELL Doug Russe City Manager Water Rights MOU — City ofKalispell/Meadows Edge, LLC - Page 2 STATE OF MONTANA ) ) ss. County of Flathead ) On this ( day of MCA , 2019, before me, a Notary Public for the State of Montana, personally appeared Wqdj_j?,;rjtmq&w proved to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. vauINC. AIMEE BRUNCKHORST t NOTARY PUBLIC for the State of Montana SEAL,;i R11 t Lakeside. Montane w' ` y 9mission Expires .or Nk �DeCemher 4, 2020 STATE OF MONTANA ) ) ss. County of Flathead ) 'NubtARP PUBLIC for the State of Montana Printed Name: Residing at: My Commission expires: On this I., �day of r� , 2019, before me, a Notary Public for the State of Montana, personally appeared'`Dou?4 , proved to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. apt A. FuM� JUDI A. FUNK NO �asaRy� NOTARY PUBLIC for#* Prir State of Montana SELL biding at Kalispell, Monts— „ �Pa My Commission Expireo_IVI-y� ARY PUBLIC for the State of Montana expires: Water Rights MOU — City of Kalispell/Meadows Edge, LLC - Page 3 Return after recording to: TRAVIS, MOORE & BRANN, PLLP Randall S. Ogle P.O. Box 899 Kalispell, MT 59903 "THIRD DECLARATION OF ANNEXATION FOR MEADOWS EDGE (Meadows Edge — Phase 3) This Third Declaration of Annexation for Meadows Edge is made as of January, 08 2024, by MEADOWS EDGE, LLC (hereinafter referred to as "Declarant"). WITNESSETH: WHEREAS, Declarant has heretofore caused to be recorded that certain Declaration of Covenants, Conditions, Restrictions and Reservations for Meadows Edge recorded July 17, 2019 as Document No. 201900014654, records of Flathead County Montana; the 2020 Amended and Restated Covenants, Condition, and Reservations for Meadows Edge recorded February 4, 2020, Document No. 202000003205, records of Flathead County Montana, and the Second 2020 Amended and Restated Covenants, Conditions Restrictions and Reservations for Meadows Edge recorded December 2, 2020, (as such Declaration has been amended or supplemented from time to time, the "Declaration") in the Office of the Clerk and Recorder of Flathead County, Montana; and WHEREAS, in Article IX of the 2020 Amended and Restated Declaration of Covenants, Conditions, Restrictions and Reservations of Meadows Edge, Declarant expressly reserved for itself the right to annex additional Property (all capitalized terms used herein shall have the meanings as defined in the Declaration, unless otherwise defined or modified herein) by recording a Declaration of Annexation and one or more supplemental plats; and WHEREAS, Declarant wishes to submit to the Declaration, the property described on Exhibit A attached hereto and incorporated herein by reference (hereinafter referred to as the "Supplemental Property"); and WHEREAS, Declarant wishes to reserve the right to further expand the Declaration in the future to annex additional Property to the declaration. SECOND DECLARATION OF ANNEXATION FOR MEADOWS EDGE -Phase 3 NOW, TIIEREFORE, Declarant hereby declares that both the Property (which shall include any property previously subjected to the terms of the Declaration) and the Supplemental Property shall be held, sold and conveyed subject to the covenants, conditions, restrictions and reservations contained in the Declaration, which are for the purpose of protecting the value and desirability of the Property and the Supplemental Property and shall run with the land and be binding on all parties and heirs, successors and assigns of parties having any right, title, or interest in all or any part of the Property or the Supplemental Property. 1. General. The terms and conditions contained in this Third Declaration of Annexation shall be in addition and supplemental to the terms and provisions contained in the Declaration. All terms and provisions of the Declaration, including all definitions, shall be applicable to this Declaration of Annexation and to the Supplemental Property, except those terms and provisions specifically modified herein. The definitions used in the Declaration are hereby expanded and shall hereafter and in the Declaration be deemed to encompass and refer to the Property as defined in the Declaration and the Supplemental Property as defined herein. For instance, reference to the "Property" shall mean both the original Property and the Supplemental Property, and reference to the "Declaration" shall mean the Declaration, as previously supplemented or amended, and as supplemented by this Declaration of Annexation. 2. Annexation of Supplemental Property. The Supplemental Property is hereby and, upon the recording of this Declaration of Annexation shall be, annexed into the Property, and the Supplemental Property shall be subject to all of the covenants, conditions, restrictions and reservations as contained in the Declaration. 3. Reservation. Declarant hereby reserves the right for itself to further expand the Property in the future to annex additional property to the Declaration. 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 5. Conflicts Between Documents. In case of conflict between the Declaration, as supplemented hereby, and the Articles or Bylaws of the Associations, the Declaration as supplemented shall control. SECOND DECLARATION OF ANNEXATION FOR MEADOWS EDGE -Phase 3 IN WITNESS WHEREOF, the Declarants hereunto executed this THIRD DECLARATION OF ANNEXA'I"ION FOR MEADOWS EDGE thrs�S�day of January, 2024. MEADOWS EDGE, LLC, a Washington Limited Liability Company. By: OUA4X4Lr ti�--��_ Derek Kysar, Member v B,y 4, Raymond oistinen, Member STATE OF Washington ) :ss. County OF elan L'0` 'J-Z_ ) This instrument was acknowledged before me on thi day of January, 2024, by Derek Kysar and Raymond Koistenen, known to me to be the members of Meadows Edge, LLC. 0i140 �1 _ a N�SARY _ Notary Public for the State of Washington N; ; %�...;1p 101�,��' C1� OF WPPS�.��• �1111111110 SECOND DECLARATION OF ANNEXATION FOR MEADOWS EDGE -Phase 3 i �1 #eesR$81 I' aazaaa. r rn �s= z c# a Uhl dal . f y:. I 7 � $ Y• O I w Y• nPi o 1 f � 3cune�d�� 1 IReR y �e$>; Ell $fi 1 �1ava� Ktiy'� 0k�. �U s 8 =A II � o m H O G ,1� i S A�rny I1 � FT j � T I i I az pe? MR• i —11 I S' N �o �� _ Hai �,— Ro 4- �1f a J I L=...i��f CAMAS �i'1, I RP 6SGI:GSGI:c IV 4° i /' aORN ,S r • i 'Pot 214 ur c,w) Rk qp ,G-ic.ii�'papJ COURT n - f wW. � fl V on I 9p �, )vi QlG sp• �. trmf,p• r Pu ` FARM 70 MARKET ROAD I t7l Mx W H W H e.V ur uwm ! i-- MORNING EAGLE DRIVE - 60Ad MDE •nb� Ai ,- > � A M 1 va m x m Ili 4° CZ, N, R � r 0 C ms 0 r O I w � b txj �x M 03 Return to; TRAVIS, MOHRE & BRANN, PLLP P.O. Box 899 Kalispell, MT 59903 2024 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS OF MEADOWS EDGE THIS DECLARATION is made as of this 'J day of January, 2024 by MEADOWS LEDGE, LLC, hereinafter referred to as "Declarant." RECITALS A. The Declarant recorded the original Declaration of Covenants, Conditions, Restrictions and Reservations of Meadows Edge on July 17, 2019 as Document Number 201900014654, records of Flathead County, Montana. B. The Declarant recorded the 2020 Amended and Restated Declaration of Covenants, Conditions, Restrictions and Reservations of Meadows Edge on February 4, 2020, as document No. 202000003205, records of Flathead County, Montana; C. The Declarant recorded the First Declaration of Annexation for Meadows Edge (Meadows Edge -- Phase 1 B) on April 28, 2020, as document No. 202000010866, records of Flathead County, Montana; D. The Declarant recorded the Second 2020 Amended and Restated Declaration of Covenants, Conditions, Restrictions and Reservations of Meadows Edge on December 2, 2020 as Document number 202000040544; E. The Declarant recorded the Second Declaration of Annexation for Meadows Edge on September 9, 2021 as Document number 2021000327111; F. The Declarant recorded the 2022 Amended and Restated Declaration of Covenants, Conditions Restrictions and Reservations of Meadows Edge on June 27, 2022 as Document number 202200015960; G. The original Declaration provides that the Declarant may amend the Declaration during the period of Declarant Control; H. The period of Declarant Control has not expired and the Declarant desires to further amend and restate the Covenants, Conditions, Restrictions and Reservations of Meadows Edge as set forth herein; I. The real property described on Exhibit A attached hereto is subject to the above referenced Covenants, Conditions, Restrictions and Reservations of Meadows Edge; J. The Common Area of the Project is the open space and alleys shown on Exhibit "A" hereto and the Plat Maps of Meadows Edge -- Phase 1 A, Meadows Edge -- Phase 1B and Meadows Edge Phase 2 on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. X For the benefit and protection of the Project, to enhance its value and attractiveness, and as an inducement to vendors and investors to make and purchase loans secured by Homes and Lots within the Project, Declarant agrees to provide herein for a comprehensive system of land use and building controls within the Project. NOW, THEREFORE, Declarant, during the period of Declarant Control, hereby makes this Declaration for the purpose of subjecting said property and the Project to this Declaration, and declares that the property and the Project described herein shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions, restrictions, reservations, grants of easement rights, rights of way, liens, charges and equitable servitudes, which are for the purpose of protecting the value and desirability of the Project and shall be binding on all parties having any right, title or interest in the above described property or any part thereof, and shall inure to the benefit of and be binding on each owner thereof and to the successors in interest thereto. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot or Home in the Project shall and hereby is deemed to incorporate by reference all provisions of this Declaration. The provisions of this Declaration shall be enforceable by Declarant, any Lot Owner, the Association and any first Mortgagee of any I.ot. To further the general purposes herein expressed, the Declarant, for itself and its successors and assigns, does hereby declare that the real property described on 1Jxhibit "A" attached hereto, and all property added to this Declaration by the Declarant, shall at all times be owned, held, used and occupied subject to the provisions contained in this Declaration, to the covenants, conditions and restrictions contained herein and to any amendments hereto, Article I INTERPRETATION 1.1- LIBERAL CONSTRUCTION The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project. 1.2 - COVENANT RUNNING WITH LAND This Declaration shall be operative as a set of covenants running with the land, or equitable servitudes, binding on Declarant, its successors and assigns, all `subsequent owners of the Property or any part thereof, together with their grantees, successors, heirs, personal representatives, administrators, devisees or assigns. 1.3 - DECLARANT IS ORIGINAL OWNER Declarant is the original Owner of all Lots and Property and will continue to be deemed the Owner thereof except as conveyances or documents changing such ownership regarding specifically described Lots are filed of record. 1.4 - CAPTIONS {Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. 2 1.5 - DEFINITIONS Architeetural Control Committee or ACC means the committee established pursuant Article III. Articles means the articles of incorporation of the Association, as defined below. Assessments means all sums chargeable by the Association (or by Declarant in exercising Declarant Rights) against a Lot, including without limitation (a) regular and special assessment for Common Expenses and Home Expenses, (b) deposits and contributions to the Association's working capital as established by its Board of Directors, (c) special charges against a Lot Owner for work done on the Owner's Lot, (d) fines, (e) interest and late charges on any delinquent account, and (f) costs of collection, including reasonable attorneys' fees incurred in connection with the collection of delinquent Owner's account. Association shall mean Meadows Edge Homeowners Association, Inc., a Montana mutual benefit corporation, as described more fully in Article 2, and its successors and assigns. The term "Association" shall be deemed to refer to the Declarant when exercising Declarant Rights otherwise permitted to the Association. Board shall mean the Board of Directors of the Association. Bylaws shall ,mean the Bylaws of the Association as the same may be. amended from time to time. Common Area. The Common Area of the Project are the open spaces and primate alleys as depicted on the Plat of Meadow Edge — Phase 1 A and the Plat of Meadows Edge Phase 1 B, both on file and of record in Flathead County, Montana, but excluding individual Lots within the Property and property dedicated to the City of Kalispell, Montana for public use including streets, public utilities, and related improvements. Thus, the Common Area includes real Property maintained by the Association for the common benefit of the Owners and such other persons as may be permitted to use the Common Area under the terms of this Declaration or any contract with the Association. Common Expenses shall mean (a) the expenses of maintaining, managing, and operating the Common Area; (b) premiums for liability insurance carried by the Association; (c) all other expenses incurred by the Association in administering, services, conserving, managing, paying Property taxes upon, maintaining, repairing, or replacing the Common Area and any improvements located on it; (d) all expenses incurred by the Association in administering and managing the Association and this Declaration; (c) all expenses incurred by the Association in any other activities undertaken for the common benefit of all or some of the Owners; and (f) all expenses lawfully determined to be Common Expenses by the Board of Directors of the Association, as provided in this Declaration and in the articles and Bylaws of the Association. Declarant shall mean Meadows Edge LLC. Declarant may assign some or all of its rights under this Declaration to a third party by a written instrument specif wally referring to such rights recorded in the records of Flathead County, Montana. Such instrument may specify the extent and portion of the rights or interests of Declarant which are being assigned, in which case the initial Declarant shall retain all other rights as Declarant, Declaration shall mean this 2020 Amended and Restated Declaration of Covenants, Conditions and Restrictions of Meadows EAgc, as it may be amended from time to time. Home shall mean and refer to any structure, or portion of a structure, located on a Lot, which structure is designed and intended for use and occupancy as a residence or which is intended for use in connection with such residence. Lot shall mean each parcel within the Property described below, which, is designated as a Lot on a plat of the Property, including any such parcel owned by Declarant and excluding any Common Area. Member means a person entitled to membership in the Association. Mortgage shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. Mortgagee shall mean the beneficial owner, or the designee of the beneficial owner, of an encumbrance on a Lot created by mortgage or deed of trust and shall also mean the vendor, or the designee of a vendor, of a real estate contract for the sale of the Lot. Owner shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Project and except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such, an interest merely as security for the performance of an obligation shall not be considered an owner. Period. of Declarant Control means the period beginning on the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana, and ending on the earlier of: (a) the date which is 7 years later, or (b) the date on which the Declarant has sold 90% of the Lots in each of the Plats. The Period of Declarant control may be reinstated or extended by agreement between the Declarant and the Association; subject to whatever terms, conditions and limitations the Board of Directors may impose on the subsequent exercise by Declarant of the Special Declarant Rights, After the termination of the Period of Declarant Control, Declarant, if still an owner, will continue to have all the rights and duties ordinarily given to Members under this Declaration. Plat Maps shall mean the recorded final plat(s) depicting the layout of the Lots in the Project, Including any amendments thereto. Project shall mean any real property (including any improvements and structures thereon) as are now or hereafter subjected to this Declaration and brought within the jurisdiction of the Association. 4 Property shall mean the real estate described in Exhibit A and any additions thereto, (together with all improvements and structures thereon) as well as any property which may in the future become part of Meadows Edge as provided in this Declaration. Transition Date shall mean the earlier of the following; (1) 60 days after the date on which Declarant has sold 90% of the lots in each of the plats, or (2) the seventh anniversary of the recordings of this Declaration, or (3) the date on which Declarant elects to permanently relinquish all Declarant Rights by written notice to all Owners. Article 11 HOMEOWNERS ASSOCIATION 2.1 — Establishment of Association and Adoption of Bylaws; An Association is hereby established known as "Meadows Edge Homeowners Association." Said Association may be incorporated under a ditTerent name as may be determined by the Association and approved by the Montana Secretary of State. The Association shall be formed prior to the close of sale of any Lot within the Property. The Bylaws of the Association will be adopted by the Association prior to the close of sale of any I.rot within the Property. 2.2 — Powers,: The Association shall have all such powers as permitted by the laws of the State of Montana, provided that the Association shall be subject to and abide by the provisions of this Declaration, as the same may be amended from time to time 2.3 — Membership: All Owners of the Lots within Meadows Edge shall be members of the Association. The Owners of any Lot shall automatically become members of the Association and shall remain members until such time as the Ownership of such Lot ceases for any reason, at which time the corresponding membership in the Association shall cease. For the purpose of determining membership at any meeting, a person or entity shall be deemed to be a member upon the recording of a dully executed deed to that Owner, or upon the recording of a notice of a purchaser's interest or an abstract of a contract for a deed showing a contract purchase by an Owner_ The legal title retained by the vendor selling under contract shall not qualify for membership. Foreclosure of a mortgage, trust indenture or the termination or foreclosure of a contract for deed wherein title is vested in the mortgagee, beneficiary or original seller on a contract, or repossession for any reason of a Lot sold under a contract shall terminate the vendee's membership, whereupon all rights to such membership shall vest in the legal Owner. Members shall participate in the manner prescribed by the Articles and Bylaws of the Association, and resolutions of the Association's Board of Directors, 2.4 — Owners' Address. Upon acquiring a Lot, the Owner(s) of the Lot shall immediately inform the Association of their names and of one address to which notices from the Association should be sent. The Owners shall be responsible for informing the Association of any change of address. 2.5 — Voting: There shall be one vote for each Lot. If a person or entity owns more than one Lot, that person or entity shall have as many votes as the number of Lots owned by that person or entity. If more than one person or entity has an Ownership interest in a single Lot, such persons or entities must decide among themselves how the vote for that Lot shall be cast. 2.6 -- Management Daring Period of Declarant Control: During the Period of Declarant Control, Declarant may appoint, remove and replace from time to time any or all of the directors and officers of the Association. If Declarant so elects, Declarant may from time to time relinquish, either on a temporary or permanent basis, the right to appoint all or a portion of the directors and officers of the Association... Any such relinquishment shall be expressed in writing to the Association. 2.7 — Association Meeting: Annual and Special meetings of the Association shall occur as set forth in the Association's Bylaws. 2.8 — Turnover Meeting: The Declarant reserves the right, at any time before the expiration of the Period of Declarant Control, to call a special meeting or the Association for the purpose of transferring control of the Association to the member. Should the Declarant call such a meeting, it shall present to the members its plan for the orderly transfer of control of the Association to the members, and the members will be obligated to accept control of the Association in accordance with such plan. Article III ARCHITECTURAL CONTROL 3.1 Construction and Exterior Alteration/Repair: 3.1.1 The "Architectural Control Committee" (ACC) shall consist of the Board of Directors of the Association, or of a special "Architectural Control Committee" of at least three (3) or more persons appointed by the Board, all of whom must be members of the Association. All buildings, structures and other improvements (including, without limitation, concrete or masonry walls, rockeries, fences, sheds, over -the -air reception devices, landscaping or other structures and improvements) to be constructed within the Project, and all exterior alterations and repairs of any building, structures or improvements in the Project and visible from any public street, Common Area or other Lot must be approved by the Architectural Control Committee (ACC). Complete plans and specifications, together with an initial ACC Review Fee of $50, for all such proposed buildings, structures, and exterior alterations and repairs, together with detailed plans showing the proposed location of the same in the particular buildings site and other data requested by the ACC:, shall be submitted to the ACC before construction, alteration or repair is started, Construction, alteration or repair shall not be started until written approval thereof is given by the ACC. Any exterior modifications approved or developed by the Declarant while exercising Declarant Rights will be deemed approved exterior modifications. The ACC shall have the right, from time to time, to increase the ACC Review Fee, provided such increased fee is in an amount reasonably anticipated to compensate the ACC for its time and costs related to the review of such plans and specifications. The ACC may, in its discretion, reduce or waive the Review Fee for smaller projects such as minor repairs, alterations or small additions to existing improvements. The ACC shall have the right to adopt design guidelines. 3.1.2 The ACC will review submittals as to the quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing, structures on neighborhood residential Lots or building sites, and as to location of the building with respect to topography, finish grade elevation and building setback restrictions. 3.1.3 In the event the ACC fails to approve or disapprove such design and location within forty-five (45) days after said plans, and specifications have been submitted to it, such approval will not be required. 3.1.4 All plans and specifications for approval by the ACC must be submitted in duplicate, at lease forty-five (45) days prior to the proposed construction or exterior alteration or repair starting date, unless such requirement is waived in writing by the ACC. Neither the waiver of, nor the failure to waive such requirements shall be construed as a waiver or a relinquishment of such rights for the future. 3.1.5 The ACC may require that, said plans or specifications shall be prepared by an architect or a competent house -designer, approved by the ACC. One complete set of said plans and specifications shall in each case be delivered to and permanently left with the ACC. All buildings or structures shall be erected or constructed, and all exterior alterations or repairs made, by a contractor, house Builder or other person or entity approved by the ACC. The ACC shall have the right to refuse to approve any design, plan or color for such improvements, construction, or exterior alteration or repair visible from a public street, Common Area or other Lot which is not suitable or desirable, in the ACC's reasonable opinion, and in accordance with the standards and specifications herein set forth, aesthetic or otherwise. 3.1.6 In so passing upon such design, the ACC shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built, and the exterior color scheme, to the site upon which it is proposed to erect the same. 3.1.7 The ACC shall have the right to disapprove the design or installation of a swimming pool, hot tub or any other recreational structure or equipment undesirable, in the ACC's reasonable opinion, aesthetic or otherwise. . 3.1.8 Declarant shall not be subject to the restrictions of this Section 3.1 as to any Lot owned by Declarant, whether before or after the Transition Date. Additionally, until the Transition Date, Declarant, in its sole discretion, may remove any individual(s) from the ACC, and replace such individual(s) with individual(s) designated by Declarant. 7 3.2 — Sales Facilities of Declarant and Builders: 3.2.1. Notwithstanding any provision in this Declaration to the contrary, until the Transition Date, Declarant and any Builder shall be permitted to maintain during the period of sale of Lots and/or Homes upon such portion of the Project as Declarant may choose, such facilities as in their sole opinion may be reasonably .required, convenient or incidental to the construction, sale, lease or rental of Lots or Homes, including but not limited to, business office, storage area, signs, model units, sales office, construction office, and parking areas for all prospective tenants or purchasers of Declarant or Builders. 3.2.2 Until the Transition Date, Declarant and Builders may make temporary alterations to model homes which are not otherwise permitted by this Declaration or the ACC guidelines for marketing purposes. `I he selling Owner must remove model home alterations and return the Home to full compliance with the ACC guidelines prior to occupancy by a Home purchaser or tenant. Owners other than Declarant or Builders may not make such alterations to any Lot or Home. Article IV COMMON AREA 4.1— Control and Management: The Association shall have the exclusive right and obligation to manage, control, improve and maintain the Common Area. within Meadows Ledge. The Association shall be responsible for liability insurance, state and local taxes payable by the Association for the common area, and maintenance of facilities and improvements in the Common Area. The Association shall also maintain any paths which are situated adjacent to the subdivision within the Three Mile Drive, West Spring Creek or Farm To Market Road right of way. The Board of Directors, among its other duties, shall stablish and levy assessments to pay for the taxes payable by the Association, insurance, maintenance and other expenses associated with the Common Area under the control and authority of the Association. The Board of Directors may, in its discretion, adjust the assessments to meet the changing needs of the Meadows Edge community and the areas serving the community. 4.2 Property Taxes: It is acknowledged that, for property tax purposes, Flathead County and the State of Montana may allocate to each Lot a fractional, proportional portion of the value attributable to the Common Area. By accepting a deed to a Lot, the Owner agrees to this mechanism for property taxation and agrees to pay a proportional share (as allocated by Flathead County and the State of Montana) of the Taxes attributable to the value of the Common Area, while at the same time allowing the Association to administer and control the Common Area, 4.3 -- Easements Over All Common Area: The Owners shall have an easement for the use and enjoyment of all of the Common Area, subject to such rules and regulations as the Association may develop from time to time, and also subject to the rights reserved to Declarant and the reserved rights of any third parties with respect to the Common Area, Declarant reserves and shall have an easement over all of the Common Area for ingress, egress and utilities. Declarant may grant further easements to others for such use of the Common Area. 4.4 = No Dedication to the Public: Nothing in this Declaration will be construed as a dedication to public use, or a grant to any public municipal or quasi -municipal authority or utility, or an assumption of responsibility for the maintenance of any Common Area by such authority or utility, absent an express written agreement to that effect. However, the Association has the right to dedicate or transfer all or part of the Common Area to any public agency, authority or utility for such purpose and subject to such conditions as may be agreed to. 4.5 — Approval of Declarant: During the Period of Declarant Control, no construction of improvements shall take place within the Common Area nor shall any other changes or alterations be made to the Common Area or the uses within the Common Area without the prior written consent of the Declarant. Article V ASSESSMENTS 5.1— Assessments: Each Owner, whether or not it shall be so expressed in any deed or contract, is deemed to have agreed to this Declaration, and to pay to the Association assessments for Common Expenses as provided herein, including annual assessments or charges, and special assessments for capital improvements and other expenses, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on each Lot, and shall be continuing lien upon the property against which each such assessment is .made. Each assessment, together with any accruing interest, costs and attorney's fees, shall be the joint and several personal obligations of the Owner(s) of such Lot at the time when the assessment is due. 5.2 — Purpose of the Assessments: The assessments levied by the Association shall be used to promote the health, safety, convenience, and welfare of the Owners; for the improvement, repair and maintenance of easements, trails, and the Common Area; and for any other purposes, expressed or implied in this Declaration. 5.3 — Annual Assessments: The maximum annual assessment per Lot which may be made by the Association in any calendar year shall not substantially exceed the projected and budgeted actual and reasonable costs to be incurred by the Association during the coming year in carrying out its functions and may include a reasonable reserve for contingencies. The annual assessment shall be equal for each Lot. Payment of the annual assessment shall be due and payable on a date or dates established by the Board of Directors, in an annual, monthly, quarterly, or other periodic installment as the Board of Directors may provide. Me initial annual assessment shall be $150 per Lot. The amount of the annual assessments shall be fixed by the Board of Directors in the following manner. At each annual meeting of the members, the Board of Directors shall present a proposed budget of the estimated expenses for the Association for the coming year to the members for review, 6 discussion, amendment, comment and approval. Estimated expenses for the Association shall include, without limitation, the cost of maintenance, repair, and operation of the Common Area; expenses of management fees; expenses and liabilities incurred by the Association under or by reason of this Declaration; payment of any deficit remaining from a previous assessment period; and the creation or supplementing of a reserve fund for general, routine maintenance, repairs and replacement of improvements within the Common Area on a periodic basis, as needed. The Board of Directors shall adopt a budget for the coming year after considering input from the members. After the annual meeting, the Board of Directors shall set the amount of the assessments and the dates(s) upon which they are due for the coming year to cover the budget approved in the manner herein set forth. 5.4 — Special Assessments: The Board of Directors may, from time to time, levy upon and subsequently collect from each Owner a special assessment for each Lot. Special assessments may be levied for capital improvements or acquisitions, extraordinary expenses or for such other purposes as the Hoard of Directors may determine. Any special assessment shall be equal for each Lot. Payment of any special assessment shall be due and payable as the Board of Directors may provide. 5.5 --- -Priority of Lien for Assessments: The lien of any assessments will be superior to and prior to any homestead exemption provided now or in the future by the laws of the State of Montana, and to all other liens and encumbrances except the following; (a) Liens and encumbrances recorded before the date of the recording of this Declaration; (b) Liens for real estate taxes and other governmental assessments or charges duly imposed against the Lot by a Montana governmental or political subdivision or special taxing district, or any other liens made superior by statute; and (c) The lien for all sums unpaid on a first mortgage taken in good faith and for value and perfected by recording in the office of the Clerk and Recorder of Flathead County, Montana, prior to the time of recording in said office of an instrument describing the Lot affected and listing the name or names of the Owner or Owners and giving notice of such violation, breach or failure to comply, (with such superiority to include any and all advances made by the first mortgagee, even though some or all of such advances may have been made subsequent to the date of filing of a written lien statement for delinquent assessments). Any first mortgagee who acquires title to a Lot by foreclosing the first mortgage or by receiving a deed or assignment in lieu of such a foreclosure, or any purchaser at a foreclosure sale of the first mortgage, will take the Lot free of any claims for unpaid assessments, interest, late charges, costs, expenses, and attorney's fees against the Lot which accrue prior to the time such first mortgagee or purchaser acquires title to the Lot. All other persons who hold a lien or encumbrance of any type not described in subsection (a), (b) or (c), above, will be deemed to consent that their lien or encumbrance will be subordinate to the Association's future liens for assessments, interest, late charges, costs, expenses and attorney's fees, as provided in this Article and in this Declaration, whether or not such consent is specifically set forth in the instrument creating any such lien or encumbrance. 5.6 - Failure to Pay Assessments- Remedies of the Association: No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area, or by abandonment of their Lot. Any assessment or installment of an assessment not paid within 10 thirty days after its due date will be delinquent. In the event of such delinquency, the Association may take any or all of the following actions: (a) Assess a late charge for each delinquency at uniform rates set by the Board of Directors from time to time; (b) Charge interest from the delinquency at uniform rates set by the Board of Directors from time to time, but not to exceed the maximum rate of interest allowed by applicable law; (c) Suspend the voting rights of the Owner during any period of delinquency, (d) Bring an action against any Owner personally obligated to pay the delinquent assessments, (e) Record a notice of lien with the Clerk and Recorder of Flathead County, Montana. Upon delivery of the notice of assessment to the Owner, the assessment shall be a lien upon the Owner's Lot until paid. If the assessment is not paid within thirty days after the recording of the notice of lien, the Association may foreclose the lien in the manner set forth under Montana law for the foreclosure of liens against real property; (f) The Association shall be entitled to recover from the Owner any and all reasonable attorney's fees and costs incurred in the collection of any delinquent assessments; (g) The remedies provided under this Declaration shall not be exclusive, and the Association may enforce any other remedies to collect delinquent assessments as may be provided by law. 5.7 — Sale or Transfer of a Lot:. The sale, transfer, or encumbrance of any Lot shall not affect the personal liability of the Owner responsible for the assessment or the assessment lien if a lien is recorded in the records of Flathead County, Montana, No sale or transfer to a third party with actual or constructive knowledge of an assessment shall relieve such new Owner from the liability for any outstanding assessments, or from any assessments thereafter becoming due, or from the recorded lien thereof A person or entity purchasing a Lot shall be responsible for checking with the Association for any outstanding assessments against said Lot before closing the transaction, 5.8 — Statement of Status of Assessments: On written requests, the Association will furnish to an Owner or his designee or to any mortgagee a statement setting forth the amount of unpaid assessments then levied against the Lot in which the Owner, designee or mortgagee has an interest, The information contained in such statement, when signed by an officer director or agent of the Association, will be conclusive upon the Association, the Board, and every Owner as to the person or persons whom such statement is issued and who rely on it in good faith. 5.9 — Deelarant's Responsibility for Assessments: Notwithstanding the foregoing, the Declarant, although a member of the Association, shall not be responsible at any time for payment of the annual assessments for Lots owned be Declarant, unless and until Declarant completes construction of a home on such Lot, The Declarant, however, shall pay a proportionate share of all current expenses of administration actually incurred be the Association from time to time for routine maintenance of the Common Area. For purposes of the forgoing sentence, the Declarant's proportionate share of such expenses shall be based upon the ratio of all Lots which are listed for sale owned by the Declarant at the time expense is incurred to the total number of such Lots plus Lots owned by third parties. So long as Declarant owns any Lots, any increase in annual assessment 11 and any special assessment shall require the Declarant's written consent. Further, the Declarant shall in no event be liable for any assessment levied in whole or in part to purchase any property from the Declarant or to finance any litigation or other claim against the Declarant, any cost of investigation and preparing such litigation or claim, or similar related costs. Article VI PROTECTIVE COVENANTS 6.1— Conditions from Subdivision Approval: `1'he conditions imposed upon the approval of the Meadows Edge Subdivision are incorporated herein as part of this Declaration to the extent they apply to the use of the Property. 6.2 — Zoning Regulations: The zoning of the Property at the time of the filing of this Declaration is R-3 and all uses must comply with that zoning unless the zoning has been changed prior to attempted use. if the zoning has been changed, the use shall comply with the then existing zoning. In addition, if at the present time there is a need for a zoning compliance permit from the local planning authority, (presently known as the Flathead Regional Development Office, or City of Kalispell), such permit shalt also be required under this Declaration. 6.3 —Land Use: No Lot shall be used except for a single-family residence not to exceed two stories in height. Lots 1 through 7 and Lots 20 through 31 of Meadows Edge Phase lA and Lots 8 through 19, 32 through 59 and 85 through 92 of Meadows Edge Phase I are "single family lots" and shall be occupied by the owner(s) or immediate family member of the owner(s) (i.e. parent, children, grandchildren or siblings) and shall not be rented to other people. All lots designated "Single Family Lots" shall be subject to the above referenced conditions. Other lots shown on Exhibit "A" may be rented by the owners. 6.4 — Sewage Disposal: No individual sewage disposal system shall be permitted. All sewage disposal shall be by connection to the City'of Kalispell's sewer system. 6.5 — Water Supply: No individual water supply system or systems shall be permitted. All water service must be furnished by public water connections, 6.6 — Building Location. All structures shall be constructed within the setback requirements established by the City of Kalispell, Montana. 6.7 — Dwelling Design Guidelines: Minimum square footage of heated living area for a single- family residence, excluding garage, enclosed patios or decks, attics and unheated storage areas shall be no less than 1,000 square feet. All construction shall be complete within one year from the date constructions begins. 6.7.1-- Exterior Finish: The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping in the Property. Exterior colors must be approved by the 12 Architectural Control Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. 6.7.2 — Exterior Materials: Roofing materials shall be minimum 25-year composite. Metal roofing material may be used on accent roofs with the approval of the Architectural Control Committee. No manufactured wood roofs are permitted. Exterior siding may not be vinyl. Minimum roof pitch is to be no less than five -twelve, (5:12). 6.8 -- Landscaping: The landscaping of each Lot must be completed within three (3) months from the date of occupancy of the home constructed on the Lot. In the event of undue hardship due to weather conditions, this provision may be extended upon written request to the Association. All front and rear yard areas shall be planted with any of the following; trees and shrubs, ground cover, conifer trees, deciduous shrubs and trees, and lawn areas, Each Owner shall maintain the landscaping of yard area in attractive appearance and free from insects and diseases and noxious weeds. Each Owner skull provide for the timely replacement of lost plant life and bark dust and trimming and pruning of plant material to prevent an overgrown look. 6.9 — Parking Pads: Homeowners are allowed to install parking pads alongside their driveways and garages. The parking pads must be paved, concrete, or constructed of pavers. Vehicles, including campers, trailers, and/or any other wheeled vehicles used for travel, must be parked on the solid surfaces previously described. The pads may not be within I '/a feet of a neighboring property line. The homeowner of any parking pad that is within 5' feet of a side property line will erect, at their own expense, a privacy fence which is at least 5' feet tall and run the length of the pad, provided that the area outside the fence shall be landscaped to allow for drainage. The fence must meet the standards of other Meadows Edge covenants, If the builder constructs a parking pad for a buyer, it will be the buyer's responsibility to erect the fence. 6.10 —Fences: Fences shall not exceed six (6). feet in height, except a front yard fence, which shall not exceed three (3) feet in height. All fencing materials and locations must be approved by the Architectural Control Committee. 6.11— Owner's Obligation to Repair: Each Owner, at the Owner's sole cost and expense, shall repair the Owner's residence, keeping the same in a condition comparable to the condition of the residence at the time of its initial construction, excepting only normal wear and tear, 6.12 — Owner's Obligation to Rebuild: 7f all or any portion of a residence is damaged or destroyed by fire or other casualty, it shall be the duty of the Owner or Owners, with all due diligence, rebuild, repair or reconstruct the residence in a manner that will substantially restore it to its appearance and condition immediately prior to the casualty. Reconstruction shall be undertaken within six months after damage occurs, unless prevented by causes beyond control of the Owners. 13 6.13 — Mobile Homes and Trailers for Residential Purpose: No house trailer, mobile home, doublewide or any other prefabricated structure designed to be hauled or moved on wheels, shall be used for residential purposes. No structures of a temporary character, trailer, tent, shack, garage, or other outbuilding shall be used on any Lot at any time as a residence, whether temporarily or permanently. 6.14 — Commercial Activities: No Lot or any part of the herein described property shall be used at any time for any manufacturing or other commercial purpose that would cause any significant increase in traffic. Lawful home occupation businesses shall comply with the requirements of the City of Kalispell. 6.15 — Signs: No signs, advertising, billboards or advertising structures of any kind shall be erected, used or maintained on the Property except for the purpose of advertising of sale or rent of the Property upon which it is erected, provided that the Declarant may place marketing signs for model homes constructed upon any property. 6.16 -- Garbage: No rubbish, trash, garbage, or other waste material shall be kept or permitted on any Lot or Common Area. All waste shall be removed as often as reasonably necessary. Garbage containers shall be removed from the street/alleyway within one day of pickup. Loose garbage (not inside a container) is prohibited from public sight of any street, sidewalk, or alley. No part of the Property shall be used or maintained as a dumping or storage ground for rubbish, trash, garbage, old automobiles or other wastes. 6.17 — Common Area: No Owner she deposit debris such as lawn clippings, limbs, shrub trimmings, or garbage of any nature in the Common Area. The Common Area is to be left in its natural state, other than as reasonably required by the Association, a goveming municipality, or the Declarant to access, repair, replace, or update current conditions and improvements. 6.18 -- Animals: No animals of any kind shall be raised, bred or kept on any Lot, except that dogs, cats, and other domestic animals may be kept and raised, but not for commercial purposes. Permitted animals (excluding cats) must be confined to the Lot of their Owner, kept under control of the owner, and not permitted to run at large. All owners shall comply with the Flathead County Dog Ordinance or any other ordinance, rude or regulation the City of Kalispell, Flathead County or the State of Montana regarding animals. No more than 6 chickens shall be allowed on any lot. 6.19 —Nuisances: No noxious or offensive activity shall be carried on or permitted upon any Lot, nor shall anything be done thereon which is or may become an annoyance or nuisance to the neighborhood_ 6.20 —.funk. Vehicles: No discarded, ruined, wrecked, or dismantled motor vehicle (including component parts) that is inoperative or incapable of being driven shall be permitted on any lot. 6.21 - Mental and Leasing: Subject to the terms of Section 6.3 above, the owner(s) of a Lot will have the right to rent or lease a Lot, subject to the following conditions: 14 1. All leases or rental agreements must be in writing with a minimum term of at least thirty (30) days to a single Lessee. No subleasing shall be allowed.. 2. The lease or rental agreement shall be specifically subject to the Declaration of Covenants, Conditions, Restrictions and Reservations of Meadows Edge, and any failure of a tenant to comply with the Declaration of Covenants, Conditions, Restrictions and Reservations for Meadows Edge will be a default under the lease or rental agreement. 6.22 — Rules and Regulations: The Hoard of Directors may from time to time adopt, amend or terminate rules and regulations concerning the Common Area and/or actions or activities within Meadows Edge that have an impact on other Owners. A copy of any such rules and regulations shall be sent to all Owners. All Owners and their family, guests and invitees shall abide by any such rules and regulations. Article VII DECLARANT RIGHTS 7.1. -- Completion of Work and Establishment of Subdivision: Declarant or the transferees of Declarant shall undertake the work of developing all Lots included within the Meadows Edge Subdivision. The completion of that work, and the sale, rental, or other disposal of residential units is essential to the establishment and welfare of the Property as an ongoing residential community. In order that such work may be completed, and the Property established as fully -occupied residential community as soon as possible, nothing in this Declaration shall be understood or construed to: (a) prevent Declarant employees, contractors, or subcontractors of Declarant from doing on any part or parts of the Property owned or controlled by Declarant or their representatives, whatever they determine may be reasonably necessary or advisable in connection with the completion of such work.; (b) prevent Declarant, or the employees, contractors, or subcontractors of Declarant from constructing and maintaining on any part or parts of the Property owned or controlled by Declarant or their representatives, such structures as may be reasonably necessary for the completion of such work, the establishment of the Property as a residential community, and the disposition of Lots by sale, lease, or otherwise; (c) prevent Declarant, or the employees, contractors, or subcontractors of Declarant from conducting on any part or parts of the Property owned or controlled by Declarant or their representatives the business of completing such work, of establishing the Property as a residential community, and of disposing of Lots by sale, lease, or otherwise; or 15 (d) prevent Declarant, or the employees, contractors, or subcontractors of Declarant from maintaining such sign or signs on any of the Lots owned or controlled by any of them as may be necessary in connection with the sale, lease or otherwise of such Lots. 7.2 —'Expansion: Declarant reserves the right but is not obligated to expand the effect of this Declaration to include additional property. Any expansion may be accomplished by recording a Declaration of Annexation and one or more supplemental plats in the records of the Clerk and Recorder of Flathead County, Montana. Upon such annexation, each owner of a lot in the annexed property shall automatically become a member of the Association. Such Declaration of Annexation will not require the consent of Owners, the Association, or the Board of Directors of the Association. Article V III DURATION AND AMENDMENT 8.1-- Duration of Declaration: These covenants, conditions, and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of fifteen (15) years from the date these covenants, conditions, and restrictions are recorded, after which time said covenants, conditions, and restrictions shall he automatically extended for successive periods of ten (10) years, unless the written consent of Owners holding sixty percent (60°/0) or more votes in the Association has been recorded, agreeing; to change said covenants, conditions, and restrictions in whole or in part. 8.2 — Amendment. This Declaration of covenants, conditions, and restrictions, or any provision of it may be terminated, extended, amended or revolted as to the whole or any portion of the Property as follows: 8.2.1— Prior to Sale of Lots: Prior to the Sale of any Lot, Declarant may terminate, extend, amend or revoke this Declaration as to the whole or any portion of the Property by recording in -the records of Flathead County, Montana, a document signed by the Declarant stating the action taken. 8.2.2 -- After Sale of Lots but During Period of Declarant Control: After the sale of a Lot but before expiration of the Period of Declarant Control, Declarant may terminate, extend, amend, or revoke this Declaration as to the whole or any portion of the Property. 8.2.3 — After of period of Declarant Control: After the Period of Declarant Control, this Declaration, or any provision of it, may be terminated, extended, amended or revoked as. to the whole or any portion of the Property upon the written consent of Owners holding sixty (60%) or more of the votes in the Association, The amendment will be immediately effective upon the recording in the records of Flathead County, Montana, of a copy of the document together with a certificate signed by an officer of the Association stating that the required number of consents of Owners were obtained. 16 8.2.4 — Declarant Approval: No termination, extension, or amendment of this Declaration will be effective in any event during the Period of Declarant Control unless the written approval of Declarant is fist obtained. Nothing in this section should be construed to permit the abandonment of the Association's responsibility for the maintenance of Common Area identified herein. ARTICLE IX. EXPANSION Section 9.1 Declarant May Expand: Declarant reserves the right, but will not be obligated, to expand the effect of this Declaration to include additional property. The consent of the existing Owners, the Homeowners Association or the Board of Directors of the Homeowners Association will not be required for any such expansion, and Declarant may proceed with such expansion without limitation at its sole option. Section 9.2 Declaration of Annexation: Any expansion may be accomplished by recording a Declaration of Annexation and one or more supplemental plats in the records of the Clerk and Recorder of Flathead County, Montana. The Declaration of Annexation must be signed by Declarant and (if different) the owner of the real property to be annexed. The Declaration of Annexation must describe the real property to be annexed, submitting it to this Declaration. Upon such annexation., each. Lot in the annexed property will be allocated one vote and liability for the Common Expenses equal to the liability allocated to each of the other Lots, and the proportionate voting interest and allocation of Common Expenses for the other Lots will be adjusted accordingly. Upon such annexation, each Owner of a Lot in the annexed property shall automatically become a member of the Homeowners Association Such Declaration of Annexation will not require the consent of Owners, the Homeowners Association, or the Board of Directors of the Homeowners Association. Any such expansion will be effective upon the filing for record of such Declaration of Annexation, unless otherwise provided therein. The expansion may be accomplished in stages by successive supplements or in one supplemental expansion. Upon the recordation of any such Declaration of Annexation, the definitions used in this Declaration will be expanded automatically to encompass the annexed property. Such Declaration of Annexation may add supplemental covenants peculiar to the annexed property, or delete or modify provisions of this Declaration as it applies to the annexed property. However, this Declaration may not be modified with respect to that portion of the property already subject to this Declaration, except as provided below for amendment. Article X MISCELLANEOUS 10.1—Effect of Provisions of Declaration: Each provision contained in this Declaration, and any agreement, promise, covenant and undertaking to comply with each provision contained in the Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision contained in this Declaration: (a) shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any real property within Meadows Edge Subdivision is granted, devised or conveyed. Whether or not set forth or referred to in such deed or other instrument; (b) shall, by virtue of acceptance of any right, title or interest in any real 17 property within Meadows Edge Subdivision by an Owner or the Association, be deemed accepted, ratified, adopted and declared as a personal covenant of such Owner or the Association, as the case may be, and as a personal covenant, shall be binding on such Owner or Association and such Owner's or Association's respective heirs, personal representatives, successors and assigns; (c) shall be deemed a real covenant by Declarant, for itself, its successors and assigns, and also an equitable servitude, running, in each case, as a burden with and upon the title to each parcel or real property within Meadows Edge Subdivision, including property that may hereafter become part of Meadows Edge Subdivision; and (d) shall be deemed a covenant, obligation and restriction secured by a lien, burdening and encumbering the title to each parcel of real property within Meadows Edge Subdivision, which lien with respect to any Lot shall be deemed a lien in favor of Declarant and/or the Association. 10.2 —Enforcement and Remedies: The Declarant, the Association, anchor any Owner or Owners of Lots shall have the right to enforce all covenants, conditions, and restrictions to or hereafter imposed by the provisions of this Declaration. 10.4 — No Waiver: Failure to enforce any provision contained in this Declaration shall not operate as a waiver of any such provision or of any other provision of this Declaration. 10.5 — Attorney's Fees: In the event of a dispute under any provision contained in this Declaration, the prevailing party shall be entitled to its reasonable costs and attorney's fees incurred. It is expressly understood by any person purchasing a Lot in this Property, that if an action is successfully brought against an Owner for a violation of the terms of this Declaration, that a reasonable attorney's fee shall be assessed against the Owner in addition to costs and any other damages. 10.6 — Severability: Invalidity or unenforceability of any provision contained in this Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of the provision of this Declaration. 10.7 — Limited Liability: Neither the Declarant, the Association, or their respective officers, directors, employees, or agents shall be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice. This 2022 Amended and Restated Declaration of Covenants, Conditions, Restrictions and Reservations of Meadows Edge supersedes and entirely replaces the Second 2020 Amended and Restated Declaration of Covenants, Conditions, Restrictions and Reservations of Meadows Edge recorded December 2, 2020 as Document number 202000040544, records of Flathead County, Montana. IN WITNESS WHEREOF, the Declarants hereunto executed this 2022 Amended and Restated Declaration of Conditions, Covenants, Restrictions and Reservations of Meadows Edge this 31 5± day of January, 2024. 18 MEADOWS EDGE, LLC, a Washington Limited Liability Company. I By: Derek Kysar, Member t By: RaymondrKoistinen, Member STATE OF Washington } ss. County This instrument was acknowledged before me on this -Jl day of January, 2024, by Derek Kysar and Raymond Koistincn, known to me to be the members of Meadows Edge, LLC. Notary Public State of Washington JANICE K WATTS Commission Number 15T815 Commission Expires Feb 02. 2028 W CA""� kA�� Nota Pub e for the State of Washington �'e° O ¢xof 20 ree.c ea.cia ar��rzo� xxcos Al N�HIBIT "A" Iota 1 through 7,20 through 31, 60A, 6013, 75A, 7513, 76A, 761i, 77A, 7713, 77C, 78A, 78B, 78C, 79A, 7913, 79C, 80A, 8013, 80C, 81A, SIB, 81 C, S I D, 82A, 82B, 82C, 82A of Meadows � Edge-Pha so 1 A, a subdivision in the City of Kalispell, County of Flathead, Montana loeated in the Southeast % of Section 3, Towwhip 28 Noah, Range 22 Writ Principal Meridian, Montana, aaeording to the Plat of Meadows Edge -Phase I on file and of record in the office of the Clerk and Recorder of Flathead cmmty, Montana, Single Family Lots - Lots 8 ffimugh 19, 32 thmugh 59, 85 through 92; To*�6xaet�ts - Ws , 61 tt, 61 B, 62A through 62D, 63A through 63C, 64A through 64C, 65A though 65D, 66A through 66D, 67A through 67D, 68A through 69D, 69A, 691R, 70A, 708, 71 A, 71B, 72A, 72B, 73A, 73B, 74A, 74B, 83A"t1rough 83D, 94A through 84D; and opus spaces C, D, E, F anb G of ! Meadows Edge -Phase l B, a sa VlAon in the City of KahVoli, County of Flathead, Montana looeied in the S0`U0w A V4 of Section 3, Township 2 B North, Range 22 West Principal Mwidian, ; Montana, according to the Plat of Meadows Edge -Phase IB an file and of record in the office of the Clerk and Recorder of Fladmd County, Montana, AaW Single Family Lots - Lots 93 through 129 of Meadows Edge -Phase 2, a subdivision in the City of Kalispell, Minty of Flathead, Montan$ locatod in the Southeast 'A of Section 3, Township 28 Narth, lunge 22 Writ Principal Meridian, Montana, according to the flat of Meadows Hdgo- Phases 2 and 5 on file and Of rroord in the office of the Clerk and Pecorder of MadWW Comaty, Montana, �1b111i114��141i18rIIIi�IIIF�rIII�WIIIII��IIIII�INflp'Ipl'fll��I�I� Pge'c�'t24 0.00 Debbie Pierson, Kalil ell HT b IW Fees. �1 i.05 P Y 8�27 J2622 t 1:03 AtA' 0507809 0507960 -0507487 0508687 0507810 0507861 0507442 0508688 0507811 0507862 0507448 0508689 0507812 0507863• 0507449 0508691 0507813 0507864 0501450 0508692 0507814 0507865 0507451 0508693 0507815 0507966 0507452 0508694 0507816 0507867 0507453 0508596 0507817 0507868 0507454 0508657 0507818 0507869 0507455 0508698 0507819 0507870' 0507456 0508699 0507820 0507871. 0507457 0508702 0507821 0507872 0507458 0508703 0507822 -0507873 0507459 0508704 0507823 0507874 0507460' 0508705 0507924 0507875 0507461 0508706 0507825 0507876 0507462 0508707 0507826 0507817 0507463 0508708 0507827 0507878 0507464 0508709 0507828 0507879 OS07465 0508710 0507829._ 0507880 0507466 0508711 0507830 0507881 0507467 0508712 0507931 0507882 0507468 0508713 0507832 0507883 0507459 0508714 0507833 0507894 0507470 0508715 0507834 0507885 0507472 0508716 0507835 0507886 0507472 05DS717 Q507836 0507887 0507473 0508718 0507837 0507888 0507474 0508719 0507838 0507889 •0507475 0508720 0507839 0507890 OS07476 0508721 0507840 0507891 OS07477 0508722- 0507841 0507892 6507478 0508723 0507,342 OS07893 CM7479 0508724 0507843 0507894 0507480. 0508725 0507944 0507995 D507481,:.- 0508726 Q507845 0507896 0507492- 0508727 0507846 0507897 0507483 0508924 0507947 0507998 0507484 0507848 0507899 OS07495 0507849 0507902 0507851 0507903 0507852 0507904 0507853 0507905 0507854 M7906 0507855 0507907 0507856 0507908 0507857 0507909 0507859 E001425 0507859