I4. Timberwolf Ridge Ph 1 FPCITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
Planning Department
201 I't Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
FROM: Donnie McBath, Planner 11 of Development Services
SUBJECT: Final plat request for Timberwolf Ridge Phase I
MEETING DATE: April 7, 2025
BACKGROUND : Inland Group has submitted a request for final plat approval of Timberwolf Ridge
Phase 1. This phase contains approximately 9.08 acres, including three lots, a stormwater facility, and
public road areas. The property is legally described as shown on the attached Exhibit A.
The City Council approved the preliminary plat with 34 conditions on March 6, 2023 (Resolution No.
6119). 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 $792,148.13 secured
by a performance 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 Timberwolf Ridge Phase 1, 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: March 21, 2025
Aimee Brunckhorst, Kalispell City Clerk
EXHIBIT A
A TRACT OF LAND BEING A PORTION OF OAH�;EL A OF ;EFTIFJC�ATE OF 5URVEY NO. 16743. ON FILE V,-� OF
'F FECT1 I - SH
OUBLIC RECCERD 114 FLATHEAE- CIDL:�, M-DNTANA LOCATED IN THE NORTHAE-.T "P.- FC I �,-I IP 29
1�2RTI-I. 17.0,C.E 72 WEST. DRNNFAL MERINAK, MCATANA; MORE PARTICULAFI-i' F1'.LL'1,1,`.:
-�T THE NoRTHWEST CLY-�NB OF SAID PARCEL A; THENCE S W' - '. - -6" E ALONG THE THERLY LINE
:DF .:4F,,;EL A . bb� 0 FEET TO THE mcolHEAST 0ORNER OF SAM PAF:'EL V THEqCE 1: �' --- w LL-,,Kr,
THE EA!71ENLY 1-14E -:,F '-.'AID PARCEL A, 632.5� FEET; THENCE N arr27'42' FEET THE'-:E
N —'C" E 6� 49 FEET, THEh,-.E t, 39G.00 FEET, THE�,21Z :.- FEET; THEVE
'-" ')' d� T-. TO A 'E' 1E
N '- zL . '33,90 FEE THE, - E 29.00 FEET -T ::,, THE E-,,.T—., -T
,sE-:T!-��, LINE �-F �;jsl ) —. THE'�: -E '-,' ky ALom 41. L �TE;-- - E::Tl;:', Ll'. E. -.:: FEET T-.-
'THE AEI�T U A�TEK E-; ',F '-: L L "I E-.Jl—� THE',,E '. E �L,:V, THE -'-E"-."TE-Li' LI'-E '-'F
1-:ECTI-Dr, -16 FEET 7, . THE FDII-T �:F LEGINNINS; CONTAININC :.!D-5 ASHES. MCRE &� LESS; JEMC SJZ'�IEYIED
4117! WA.AjE'JTEP. --�7-.�3F-WC TO THF, DLAT.
CITY OF
KALISPELL
April 7, 2025
Doug Russell, City Manager
City of Kalispell
201 ls'Ave E
Kalispell, MT 59901
Re: Final Plat Compliance for Timberwolf Ridge Phase I
Dear Doug:
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin,a
hiland Group has submitted a request for final plat approval of Timberwolf Ridge Phase 1. This phase
contains approximately 9.08 acres, including three lots, a stormwater facility, and public road areas. The
property is legally described as shown on the attached Exhibit A.
The City Council approved the preliminary plat with conditions under Resolution No. 6119 on March 6,
2023. 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 (SIA)
and performance bond in the amount of $792,148.13 have been submitted for the Council's consideration.
COMPLIANCE WITH CONDITIONS OF APPROVAL
I . 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.
Staff Response: This condition has been met. The development and design of the site is in substantial
compliance with the listed items.
2. The Planned Unit Development for Timberwolf Ridge allows the following deviations from
the Zoning Regulations:
1) Section 27. 09. 040 - Height: The maximum height by right in the RA- I is 45 feet. The
deviation would allow 60 feet.
2) Section 27. 20. 140 — Structures to Have Access: The zoning regulation do not allow
a building permit to be issued for a property that does not have access to a public
street or an approved private street. This deviation would allow two lots to be
created with access through common parking facilities.
Staff Response: This condition has been met. The plat is consistent with the ordinance and design
elements will be reviewed in conjunction with the building permit.
3. The Planned Unit Development for Timberwolf Ridge allows the following deviation from
the Subdivision Regulations:
1) Sections 28. 3. 12 and 28. 3. 13(C) Blocks and Subdivision Access: The subdivision
regulations require block lengths of at least 250 feet and not more than 600 feet.
They also provide for right-of-way extensions to provide interconnectivity to
adJ acent properti es. Subj ect to providing pedestri an accesses to adJ oining parcels,
this deviation would allow the block/ access provided in the submitted plans.
Staff Response: This condition has been met. The plat is consistent with the ordinance and design
elements will be reviewed in conjunction with the building permit.
4. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27. 19. 020(7) of
the Kalispell Zoning Ordinance.
Staff Response: This condition has been met. A final PUD plan is on file.
5. The abandonment or expiration of the PUD is governed by Section 27. 19. 020(10) of the
Kalispell Zoning Ordinance.
Staff Response: This condition has been met. Since the preliminary plat is still valid, the PUD remains
in place.
6. 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.
Staff Response: This condition has been met. Per a letter from the Public Works Department dated
March 11, 2025, the stormwater infrastructure will be reviewed and approved by the public works
department. A bond is in place for the work that must be completed to satisfy this requirement.
7. Any storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding ponds as the dominant fixture shall not be
allowed without mitigation. The developer shall work closely with the Parks Department and
Public Works to develop a design that is both visually appealing and meets the required
safety guidelines. It is intended that when the project is developed the ponds will act as
features, particularly along the roadways, rather than a private maintenance utility facility.
Staff Response: This condition has been adequately addressed. The design of the storm water ponds will
be addressed with the building permit.
8. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/ sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
Staff Response: This condition has been adequately addressed. A construction stormwater permit will
be required prior to the commencement of construction. With no construction underway, this is not
currently required. Condition 8 of the preliminary plat conditions shall hereby be considered satisfied.
9. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
Staff Response: This condition has been met. Per a letter from the Public Works Department dated
March 11, 2025, there is currently water and sewer available to this site within the adjoining roadways.
10. New infrastructure required to serve the property shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Constructi on. All design
work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to constructi on.
Staff Response: This condition has been met. Per a letter from the Public Works Department dated
March 11, 2025, a bond is in place for the constructi on of the required improvements. The improvements
will be reviewed and approved by the Public Works Department prior to construction commencing.
11. 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. Per a letter from the Public Works Department dated
March 11, 2025, the water and sewer mains will be reviewed and approved by the public works
department. A bond is in place for the work that must be completed to satisfy this requirement..
12. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior to
final plat.
Staff Response: This condition has been met. Per a letter from the Public Works Department dated
March 11, 2025, water rights are in the process of being transferred to the City. Paperwork has been filed
and the fees paid with DNRC.
13. If any fencing is to be constructed as part of the development, it shall comply with height and
location zoning standards and should be a consistent design throughout the development.
Any fencing will be required to be reviewed and approved by the city Architectural Review
Committee, which shall ensure a consistency of colors and materials to be used to present an
aesthetically pleasing design.
Staff Response: This condition has been met. Any fencing will be reviewed in conjunction with the
building permit and site review processes.
14. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction.
Staff Response This condition has been met. Per a letter from the Public Works Department dated
March 11, 2025, a bond is in place for the construction of the required improvements. The improvements
will be reviewed and approved by the Public Works Department prior to construction commencing.
15. Stillwater Road is designated as a minor arterial and Timberwolf Parkway as a minor
collector in the Transportation Plan. Both roads shall be upgraded to that standard along the
property's frontage including, but not necessarily limited to curb/ gutter, landscape
boulevard, sidewalk, and streetlights. The right- of -way currently owned by the developer
shall be dedicated to the city. A dedication of additional road right- of -way may be required
to accommodate the road classification and improvements.
Staff Response: This condition has been met. Per a letter from the Public Works Department dated
March 11, 2025, a bond is in place to complete the construction work to meet the requirements of Final
Plat. This item will be reviewed with the design of the improvements for this project.
16. Prior to final plat, all mitigation recommended as part of the approved traffic impact study
shall be completed. All improvements shall be reviewed and approved by the Public Works
Department. Per the city Standards for Design and Construction, the development shall
maintain or improve the existing level of service for the affected roadways rather than simply
maintaining an acceptable level of service. Improvements necessary to maintain the existing
level of service will be required.
Staff Response: This condition has been met. Per a letter from the Public Works Department dated
March 11, 2025, this item will be reviewed with the design of the improvements for this project.
17. Required mitigation related to the Traffic Impact Study would include (a) making the Four
Mile Drive/Stillwater Road intersection a four-way stop; and (b) adding a westbound right
turn lane in Timberwolf Parkway is also required at the intersection with Stillwater Road
Staff Response: This condition has been met. Per a letter from the Public Works Department dated
March 11, 2025, the required improvements will be part of this project. A bond is in place to complete
this work.
18. Cross easements for parking and access shall be included on the plat to serve all of the lots.
Staff Response: This condition has been met. The easements are shown on the final plat.
19. Prior to commencing any development of the property, a full geotechnical report shall be
submitted. Any recommendations shall be implemented.
Staff Response: This condition has been met. A Geotechnical report from Alpine Geotechnical dated
January 17, 2025, was submitted along with the final plat application.
20. 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 approval was granted on March 6,
2023, and remains valid.
21. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell, any private
infrastructure has been constructed per city standards, and a proper bond has been accepted
for unfinished work.
Staff Response: This condition has been met. Per a letter from the Public Works Department dated
March 11, 2025, a bond is in place to complete the construction work to meet the requirements of final
plat.
22. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public
Works Department shall be obtained stating that the required easements are being shown on
the final plat.
Staff Response: This condition has been met. Per a letter from the Public Works Department dated
March 11, 2025, the easements noted in the final plat are acceptable at this time. Future development on
this property might require modifications to the proposed easements.
23. 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 is included on the final plat.
24. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area
Staff Response: This condition has been met. A letter from the USPS dated January 22, 2025,
approved the mail delivery design.
25. A property owners' association shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, parks and open
space.
Staff Response: This condition is adequately addressed. As a single lot subdivision, there are no
common improvements at this time necessitating a property owners' association and related covenants.
26. 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. The Fire Department submitted letters dated March 18,
2025, approving the final plat for Phase I as it relates to fire protection.
27. 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, common area, and adjoining rights -of -way. The approved
landscape plan shall be implemented or a cash -in -lieu payment for installation of the street
trees and groundcover be provided to the Kalispell Parks and Recreation Department.
Staff Response: This condition has been met. A letter from the Parks and Recreation Director dated
March 27, 2025, has been obtained, conditionally approving the landscape plan for Timberwolf Ridge, as
per the submitted designs from WGM.
28. A park plan shall be created and approved by the Parks and Recreation Director prior to
issuance of any building permit. As a multi -family development, 500 square feet of land per
unit or the equivalent in improvements shall be provided as recreational amenities.
Staff Response: This condition has been met. A letter from the Parks and Recreation Director dated
March 27, 2025, has been obtained, conditionally approving the landscape plan for Timberwolf Ridge, as
per the submitted designs from WGM. Recreational amenities for the development will be reviewed in
conjunction with the building permit.
29. 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 conditi ons. The
assessments 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 is included on the final plat.
30. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the
property owner(s) default on the maintenance of the approved stormwater facilities. The
assessments levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
Staff Response: This condition has been met. The note is included on the final plat.
31. Pursuant to Sec 28. 3. 25 of the subdivision regulations, the final plat shall include a note
stating that " The owners hereby waive the right to protest the creation of an SID for the
purpose of financing improvements to area roads which specifically benefit this
subdivision." This note shall be expanded to also specifically list the roundabout as one of
the projects that the waiver would apply to.
Staff Response: This condition has been met. The note is included on the final plat.
32. 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. Remaining infrastructure required for the project is
subject to a subdivision improvement agreement and performance bond.
33. All utilities shall be installed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
Staff Response: This condition has been met. All utilities have been installed underground in approved
locations as per Kalispell regulations.
34. 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. Per the letter from the applicant dated
February 18, 2025, no areas were disturbed prior to final plat and revegetation of the property is
addressed through the landscape plan.
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 RA -I zoning with a Planned
Unit Development overlay for the property.
RECOMNIIENDATION:
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 Timberwolf Ridge Phase 1.
Attachments: - Mylars
- Copy of final plat
- Subdivision Improvement Agreement and Engineers Estimate
- Assignment of SIA
Fidelity National Title FT1585-250174 dated 01/29/2025
Consent to Plat
Applicant responses and final plat application
Flathead County tax certification dated
DEQ MFE dated 02/13/2025
Letter from Public Works dated 3/11/20205
- Parks letter dated 3/27/25
- Fire Dept letter dated 3/18/2025
- USPS approval dated 01/22/2025
- Water Rights Documents 3/10/2025
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: WGW Group
Mike Brodie, PE
Senior Project Engineer
431 1 st Avenue W
Kalispell, MT 59901
EXHIBIT A
A TRACT OF LAND BEING A POR11ON OF PARCEL A OF CE�-TlFl_ATE OF SURVEY NO. '6,4-5. �P, FILE 1'._1 -IF
:,uBLjC RECORD I N FLATHEAD COUNTY. MONIANA L��A�TE,� 1'. THE lj��RTHWIEST '/1 0 F SECTION �6. T� Ov.H1 ' 29
%CRTH, RANGE 22 :IrMnIPAL VAERMIA!., V , %,� ---'E ;_ -' " _nf�ULARLY DE' - RIM AS FOLL-, �, _.
Kcr,,�J AT TH E 7H AE -7 )14NER OF I.: a- THEv E Y., E �- L TH E �THEILW LINE
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04. T33,90 FEM THENCE FEEr T. A POINT CN 1HE E_' T—L.%E'-T ;TP
E, T1 UNE OF SAID SECTION �6. THP, E ;,LON� �AIL) OVARTER �) E: T1, ', L I �, E. -' : FEET TO
THE �,E�r �UARTER CORNER OF _E Tl� THE'—E ', 03'28'27' E ALONG 1HE O-E TE�Lf U',E '-F �AK)
SECTION 36. 661-40 FEET TO THE POINT CF :E11',LI',S; CONTAINING 9-08 ACRES. MCRE �-, LESS; tJEI',-
MO MONUIVENTED ACCORDING TO THIS PLAT
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Return to:
Aimee Brunckhorst
Kalispell City Clerk
201 I't Avenue East
Kalispell, NIT 59901
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of 1 20_, by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter
referred to as the CITY, and
James Barnett, Adam Mills, Sean Averill, Craig Denman, and Matt Fritter (Name of
Developer)
a Individuals
(Individual, Company or Corporation)
located at 3821 Lower Valley Rd, Kalispell, MT 59901
(Street Address/P. 0. 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
Timberwolf Ridge Phase 1 (Name of
Subdivision)
located at 605 Stillwater Road, Kalispell, MT 59901
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
Timberwolf Ridge Phase 1 1 upon the conditions as set for-th (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
$ 633,718.50
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$ 792,148.13 . 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 $ 792,148.13
completing the required improvements in Timberwolf Ridge Phase 1
(Name of Subdivision)
the estimated cost of
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 February 6 _)2026
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.
5. The Developer may assign this Agreement to a successor developer upon written consent of
the City and the assignee's deposit of the required collateral as set forth in Paragraph I
above.
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.
James Barrett, Adam Mills, Sean Averill, Craig Denman, and Matt Fritter
(Nameof ivision/Developer/Fin-n)
by�,/'Z Power of Attorney
(Title)
STATE OF MONTANA
COUNTYOF
Fla-41?gj
On this dayof PlarCk—,20 2—�,
before me, a Notary Public for the State
of Montana, personally appeared James Barnett
I known to me to be the
Power of Attorney of the Developer
whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year
first above written.
/-7
'k Q(NN,5 'V1111 KAREN LYNN BENSON
Notary
Public for the
Notary Public for the State of Montana
Printed Name - -K(xrRr1 Ly'n tA
Notarial State of Montana
Residing at KALISPELL, MT
My Commission Expires
Residing at
November 15, 2025
My Commission Expires'
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR CITY CLERK
EXHIBIT A
RESOLUTION NO. 6119
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
TIMBERWOLF RIDGE, DESCRIBED AS PARCEL A OF CERTIFICATE OF SURVEY
NUMBER 16743, SITUATED, LYING AND BEING IN THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Timberwolf Ridge, LLC, representing the owners of the certain real property
described above, has petitioned for approval of the Subdivision Plat of said property;
and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
February 14, 2023 on the proposal and reviewed Subdivision Report #KPP-22-08
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Timberwolf Ridge, subject to certain conditions
and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of March 6,
2023, reviewed the Kalispell Planning Department Report #KPP-22-08, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-22-08 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Timberwolf Ridge, LLC for approval of the
Preliminary Plat of Timberwolf Ridge, Kalispell, Flathead County, Montana
is hereby approved subject to the following conditions:
The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the future preliminary plat as approved by the city council.
2. The Planned Unit Development for Timberwolf Ridge allows the following deviations from
the Zoning Regulations:
(1) Section 27.09.040 - Height: The maximum height by right in the RA- I is 45 feet. The
deviation would allow 60 feet.
(2) Section 27.20.140 — Structures to Have Access: The zoning regulation do not allow
a building permit to be issued for a property that does not have access to a public
street or an approved private street. This deviation would allow two lots to be
created with access through common parking facilities.
The Planned Unit Development for Timberwolf Ridge allows the following deviation from
the Subdivision Regulations:
(1) Sections 28.3.12 and 28.3.13(C) — Blocks and Subdivision Access: The subdivision
regulations require block lengths of at least 250 feet and not more than 600 feet.
They also provide for right-of-way extensions to provide interconnectivity to
adjacent properties. Subject to providing pedestrian accesses to adjoining parcels,
this deviation would allow the block/access provided in the submitted plans.
4. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
The abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the
Kalispell Zoning Ordinance.
6. 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.
Any storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding ponds as the dominant fixture shall not be
allowed without mitigation. The developer shall work closely with the Parks Department and
Public Works to develop a design that is both visually appealing and meets the required
safety guidelines. It is intended that when the project is developed the ponds will act as
features, particularly along the roadways, rather than a private maintenance utility facility.
8. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
9. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
10. New infrastructure required to serve the property 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.
11. 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.
12. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior to
final plat.
13. If any fencing is to be constructed as part of the development, it shall comply with height and
location zoning standards and should be a consistent design throughout the development.
Any fencing will be required to be reviewed and approved by the city Architectural Review
Committee, which shall ensure a consistency of colors and materials to be used to present an
aesthetically pleasing design.
14. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction.
15, Stillwater Road is designated as a minor arterial and Timberwolf Parkway as a minor
collector in the Transportation Plan. Both roads shall be upgraded to that standard along the
property's frontage including, but not necessarily limited to curb/gutter, landscape
boulevard, sidewalk, and streetlights. The right-of-way currently owned by the developer
shall be dedicated to the city. A dedication of additional road right-of-way may be required
to accommodate the road classification and improvements.
16. Prior to final plat, all mitigation recommended as part of the approved traffic impact study
shall be completed. All improvements shall be reviewed and approved by the Public Works
Department. Per the city Standards for Design and Construction, the development shall
maintain or improve the existing level of service for the affected roadways rather than simply
maintaining an acceptable level of service. Improvements necessary to maintain the existing
level of service will be required.
17. Required mitigation related to the Traffic Impact Study would include (a) making the Four
Mile Drive/Stillwater Road intersection a four-way stop; and (b) adding a westbound right
turn lane in Timberwolf Parkway is also required at the intersection with Stillwater Road.
18. Cross casements for parking and access shall be included on the plat to serve all of the lots.
19. Prior to commencing any development of the property, a full geotechnical report shall be
submitted. Any recommendations shall be implemented.
20. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
21. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell, any private
infrastructure has been constructed per city standards, and a proper bond has been accepted
for unfinished work.
22. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public
Works Department shall be obtained stating that the required easements are being shown on
the final plat.
23. 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
24. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area.
25. A property owners' association shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, parks and open
space.
26. 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.
27. 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, common area, and adjoining rights -of -way. The approved
landscape plan shall be implemented or a cash -in -lieu payment for installation of the street
trees and groundcover be provided to the Kalispell Parks and Recreation Department.
28. A park plan shall be created and approved by the Parks and Recreation Director prior to
issuance of any building permit. As a multi -family development, 500 square feet of land per
unit or the equivalent in improvements shall be provided as recreational amenities.
29. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The
assessments levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
30. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the
property owner(s) default on the maintenance of the approved stormwater facilities. The
assessments levied within the maintenance district shall be deten-nined by the Public Works
Department with approvals by the Kalispell City Council.
31. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note
stating that "The owners hereby waive the right to protest the creation of an SID for the
purpose of financing improvements to area roads which specifically benefit this
subdivision." This note shall be expanded to also specifically list the roundabout as one of
the projects that the waiver would apply to.
32. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
33. All utilities shall be installed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
34. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 6TH DAY OF MARCH 2023.
=m�
ATTEST:
A '4e Brunckho CM
im
City Clerk
.0
-0
C). EA L 0'-*
.M=
1892
Mark Johhs6
Mayor
Project Name: AFFINITY (TIMBERWOLF RIDGE)- PHASE 1
WGM Project Number: 220425
Developer Inland Group
Bonding Date:
NOTES:
EXHIBIT "B"
CERTIFICATION OF WORK TO BE WGMGROUP
4/7/2025 COMPLETED
Completed as of Bonding Date Total
Final Construction
Construction Quantity Costs
Quantities and Costs
Line Item Item Description Unit Quantity
Unit Price Total
Quantity Current Total
Schedule 1 - Site Work
1.1 Mobilization, Submittals & Permits (5%) LS 1
$30,000.00
$30,000.00
0.0000
$0.00
1.2 Erosion Control Measures LS 1
$15,000.00
$15,000.00
0.0000
$0.00
1.3 Traffic Control LS 1
$25,000.00
$25,000.00
0.0000
$0.00
1.4 Construction Survey (2.5%) LS 1
$15,000.00
$15,000.00
0.0000
$0.00
1.5 Landscaping, Seeding, And Restoration LS 1
$50,000.00
$50,000.00
0.0000
$0.00
1.6 Irrigation System and Controls LS 1
$15,000.00
$15,000.00
0.0000
$0.00
1.7 Material Testing LS 1
$35,000.00
$35,000.00
0.0000
$0.00
1.8 Demolition (pavement remove) LS 1
$35,000.00
$35,000.00
0.0000
$0.00
SCHEDULE I TOTAL
$220,000.00
$0.00
Schedule 2 - Roads & Sidewalks
Clearing Topsoil, Stockpile, Re -Spread (remaining stockpile can remain
2.1 on property) Cy 747
$20.00
$14,940.00
0
$0.00
Embankmet (assumes 10% shrinkage in -place density, Cut material
2.2 beyond topsoil and recompacted onsite) Cy 2200
$20.00
$44,000.00
0
$0.00
2.3 3" Minus Select Subbase Material Cy 987
$40.00
$39,480.00
0
$0.00
2.4 3/4" Minus Base Course Material Cy 395
$48.00
$18,960.00
0
$0.00
2.5 Asphalt Pavement (4" Thickness) Sy 2371
$25.00
$59,275.00
0
$0.00
2.6 Concrete Curb & Gutter LF 1309
$18.00
$23,562.00
0
$0.00
2.7 Standard Sidewalk (4" concrete, 5'width, 6" Base Gravel) SF 3191
$6.50
$20,741.50
0
$0.00
2.8 ADA Ramp (Truncated Domes) EA 7
$500.00
$3,500.00
0
$0.00
2.9 Pavement Striping and Marking LS 1
$20,000.00
$20,000.00
0
$0.00
2.10 Asphalt Path (4" Asphalt, 9" Crushed Base) Sy 613
$65.00
$39,845.00
0
$0.00
SCHEDULE 2 TOTAL
$284,303.50
$0.00
Schedule 3 - Water System
3.1 Connect to Existing Water Main (Timberwolf Parkway cut in tee) EA 1
$5,500.00
$5,500.00
0
$0.00
3.2 Connect to Existing Water Main (Stillwater Road Tapping sleeve) EA 1
$10,000.00
$10,000.00
0
$0.00
3.3 8" PVC Water Main LF 80
$90.00
$7,200.00
0
$0.00
3.4 8" Gate Valves with Aprons EA 1
$4,000.00
$4,000.00
0
$0.00
3.5 Remove and abandon Water main to Cross LS 1
$7,500.00
$7,500.00
0
$0.00
3.6 install new cap and associated thrustiblocks EA 1
$5,000.00
$5,000.00
0
$0.00
SCHEDULE 3 TOTAL
$39,200.00
$0.00
Schedule 4 - Sewer System
4.1 Connect to Existing Sewer Manhole EA 1
$5,000.00
$5,000.00
0
$0.00
4.2 8" PVC Sewer Main within City ROW -Under 10' LF 41
$85.00
$3,485.00
0
$0.00
SCHEDUUE4TOTAL
$8,485.00
$0.00
Schedule 5 - Dry Utilities, Street Lighting, and Signage
5.1 Street Signs EA 5
$1,200.00
$6,000.00
0
$0.00
5.2 Street Lights (2 New, 2 Relocations) EA 4
$5,000.00
$20,000.00
0
$0.00
SCHEDULE 5 TOTAL
$26,000.00
$0.00
Schedule 6 - Storm Sewer System
6.1 Storm Sewer Inlet - Catch Basin EA 4
$5,000.00
$20,000.00
0
$0.00
6.2 12" PVC Storm Sewer Pipe LF 350
$85.00
$29,750.00
0
$0.00
6.3 18" PVC Storm Sewer Pipe LF 52
$115.00
$5,980.00
01
$0.00
SCHEDUUE4TOTAL
$55,730.00
$0.00
CIVIL CONSTRUCTION BASE BID TOTAL
$633,718.50
$0.00
TOTAL PROJECT BUDGET
$633,718.50
$0.00
TOTAL ESTIMATED COST OF CONSTRUCTION
$633,718.50
AMOUNT COMPLETED PRIOR TO BONDING
$0.00
AMOUNT OF REMAINING WORK PRIOR TO BONDING
$633,718.50
AMOUNT OF BOND (125% OF REMAINING WORK)
$792,148.13]
AS PROJECT ENGINEER FOR TIMBERWOLF RIDGE PHASE 1, 1 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: $0.00
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $633,718.50
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $792,148.13
AfA � "— ,
Mike Brodie, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY:
Approximate percentage of completed
work as of bonding date: 0%
ASSIGNMENT OF SUBDIVISION IMPROVEMENT AGREEMENT
AND DEVELOPMENT RIGHTS
(Timberwolf Ridge Phase 1)
This Assignment of Subdivision Improvement Agreement and Development Rights (the
"Agreement") is made this 1(5 day of ,', 1 2025, by and between James Barnett, Adam
Mills, Sean Avrill, Craig Denman, and Matt Fritter, all as tenants in common ("Assignor"), and
Affinity at Kalispell, LLC, a Washington limited liability company ("Assignee").
RECITALS
WHEREAS Assignor and Assignee entered into that certain Purchase and Sale Agreement
dated May 10, 2024, as amended by that certain First Amendment to Purchase and Sale Agreement
dated October 7, 2024 and that certain Second Amendment to Purchase and Sale Agreement dated
March 4, 2025 (collectively, the "PSA"), with respect to approximately 8.5 acres of real property
located in Kalispell, Montana, as more particularly described in the PSA (the "Property"); and
WHEREAS, the Property is located in a new subdivision in the City of Kalispell, Montana
known as Timberwolf Ridge Phase I (the "Subdivision"); and
WHEREAS, the City of Kalispell (the "City") conditioned its approval of the of final plat
of the Subdivision upon Assignor's execution of that certain Subdivision Improvements
Agreement dated March _, 2025 between Assignor and the City (the "SIA"); and
WHEREAS, simultaneously with the closing of the Property pursuant to the PSA, Assignor
desires to assign to Assignee and Assignee desires to assume all of Assignor's right, title, interest,
and obligations in and to the SIA.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt, adequacy and
sufficiency of which are here by confessed and acknowledged, the Parties agree as follows:
Assignment. Assignor hereby assigns, transfers, sets over and conveys to Assignee all
of the rights and obligations of Assignor in and to the SIA together with all rights of
Assignor as developer of the Subdivision.
2. Assumption. Assignee hereby accepts the above assignment and assumes all of the
rights and obligations of Assignor in and to the SIA, Assignee hereby acknowledging
that the above assignment is accepted by Assignee in its capacity as the successor
developer of the Subdivision. Assignee further acknowledges and agrees that it shall
deposit the required collateral as set forth in Paragraph I of the SIA.
3. City Consent. The City hereby consents to the assignment and assumption of the SIA
as set forth in this Agreement.
[Remainder ofpage intentionally blank — signature page follows]
EXECUTED as of the date written on the first page of this Agreement.
ASSIGNOR:
JayVsta—nieti
i ills,
lls,-15y James Barnett, Power of Attorney
n verill, by James Barnett, Power ofAttomey
-'Craigg Denman, by James Barnett, Power of Attorney
att ZFritter/,by James Barnett, Power of Attorney
ASSIGNEE:
Affinity at Kalispell, LLC
By: Affinity Kalispell Manager, LLC,
its Manager
in.
CONSENTED TO BY.
Jon Lemberg, its Manager
MAYOR, CITY OF KALISPELL ATTEST:
1WEvc4n.,
CITY CLERK
Retum To -
James Bamett
3821 Lower Valley Road
Kalispell, MT
POWER OF ATTORNEY
(REAL ESTATE)
KNOW ALL MEN BY THESE PRESENTS, that 1. SEAN AVERILL do hereby make, constitute and appoint
JAMES BARNETT, as Ry true and lawful attorney in fact with full power and authority in my name and in my stead
and on my behalf:
The Power to perform any and all acts necessary to purchase, sell, convey, transfer tide, deliver deeds, bargain,
encumber, or contract for the sale or purchase of certain real property described as follows:
PARCEL A OF CERTIFICATE OF SURVEY NO. 16743, ON FILE AND OF PUBLIC RECORD
IN FLATHEAD COUNTY, MONTANA; LOCATED IN THE WEST HALF OF SECTION 36,
TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA;
CONTAINING 20.10 ACRES, MORE OR LESS
To execute and deliver a Warranty Deed or Quit Claim Deed conveying said real property to a third party.
To execute a promissory note or notes creating and evidencing an obligation as therein set fortk and to execute
a Deed of Trust encumbering the above described real property and securing the repayment of the obligations
described in said promisson, note. and to execute all assignments of rents, financing statements, and security
agreements in addition to the Deed of Trust to secure repayment of the obligations set forth in said promissory
note.
To sign on my behalf settlement statements, disclosure statements, acceptance statements, affidavits concerning
mechanic's liens, assignment of security deposits., extensions of the contract for purchase and sale, and any and
all other documents and instruments required as part of the closing function pertinent hereto.
To execute and deliver matters involved in subdivision platting, applications and other items necessary to
subdivide said land.
AND in general I give my said attorney in fact full power to handle all my business affairs in such manner and with
such authority as my self might exercise.. including the power to make. execute, and acknowledge instruments of every
kind which may be proper or requisite to effectuate all or any of the premises.
I hereby ratify, confirm and approve each and every act of my, said attorney heretofore and hereafter taken in
conformity with this power of attorney.
THIS power of attorney shall be effective until revoked by me in writing, such revocation to be delivered to the
attorney in fact above named. Everyone dealing with my said attorney in fact shall be entitled to rely upon the
certificate of such attorney in fact to the effect that his/her power is in effect and has not been revoked.
• THIS POWER OF ATTORNFN'SHALL NOT BE AFFECTED BY THE DISABILITY OF THE PRINCIPAL
• THIS POWER OF ATTORNEN SHALL AUTOMATICALLY EXPIRE BY ITS OWN TERMS UPON
COMPLETION OF THE LIMITED PURPOSE SET FORTH ABOVE.
IN WITNESS WIIEREOF, I have set my hand on this day of ()AZ- 2025�
venli
STATE OF
ss.
COUNTYOF —OY-*O
This instrument was acknowledged before me this& f k-bK1A—C>K'1 2025. bN
Seart Averill.
WITNESS MY HAND AND OFFICIAL SEAL.
Wit,,
1A
CRYSTAL MARIE KRAUSE
NOTARY PUBLIC for the
Notary Public:
SEA
State of Montana
Residing at Kalispell, JWmana
Residing at-
Mv
OFM
My Commission Expires
August
commis*si�o�nex�pffds:
05, 2025
Return To:
James Barnett
3821 Lower Valley Road
Kalispell, MT
POWER OF ATTORNEY
(REAL ESTATE)
KNOW ALL MEN BY THESE PRESENTS, that 1, CRAIG DENMAN do hereby make, constitute and appoint
JAMES BARNETT, as my true and lawful attorney in fact with full power and authority in my name and in my stead
and on my behalf.
The Power to perform any and all acts necessary to purchase, sell, convey, transfer title, deliver deeds, bargain,
encumber, or contract for the sale or purchase of certain real property described as follows:
PARCEL A OF CERTIFICATE OF SURVEY NO. 16743, ON FILE AND OF PUBLIC RECORD
IN FLATHEAD COUNTY, MONTANA; LOCATED IN THE WEST HALF OF SECTION 36,
TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA;
CONTAINING 20.10 ACRES, MORE OR LESS
To execute and deliver a Warranty Deed or Quit Claim Deed conveying said real property to a third party.
To execute a promissory note or notes creating and evidencing an obligation as therein set forth, and to execute
a Deed of Trust encumbering the above described real property and securing the repayment of the obligations
described in said promissory note, and to execute all assignments of rents, financing statements, and security
agreements in addition to the Deed of Trust to secure repayment of the obligations set forth in said promissory
note.
To sign on my behalf settlement statements, disclosure statements, acceptance statements, affidavits concerning
mechanic's liens, assignment of security deposits, extensions of the contract for purchase and sale, and any and
all other documents and instruments required as part of the closinc, function pertinent hereto.
n
I
To execute and deliver matters involved in subdivision platting, applications and other items necessary to
subdivide said land.
AND in general I give my said attorney in fact full power to handle all my business affairs in such manner and with
such authority as myself might exercise, including the power to make, execute, and acknowledge instruments of every
kind which may be proper or requisite to effectuate all or any of the premises.
I hereby ratify, confirm and approve each and every act of my said attorney heretofore and hereafter taken in
confon-nity with this power of attorney.
THIS power of attorney shall be effective until revoked by me in writing, such revocation to be delivered to the
attorney in fact above named. Everyone dealing \Nith my said attorney in fact shall be entitled to rely upon the
Z�
certificate of such attorriev in fact to the effect that his/her power is in effect and has not been revoked.
• THIS POWER OF ATFORNEY SHALL NOT BE AFFECTED BY THE DISABILITY OF THE PRINCIPAL.
• THIS POWER OF ATTORNEY SHALL AUTOMATICALLY EXPIRE BY ITS OWN TERMS UPON
COMPLETION OF THE LEXII I'LD PURPOSE SET FORTH ABOVE.
A-ij�-
IN WITNESS WHEREOF, I have set my hand on this day of 2025.
Craig Def�man
STATE OF N—C\
COUNTY OF-�—V�� ss.
2025, by
t 14— day of
—L—owledaed before me his
I n is instrument
Crala Denman.
IAI' sl'Al-
1, "\L-,Ss '1.1�' HAND 'V
Notary Public:
Residing at:
My commission expires:
0 'D
THERESA B DUGAN
AMR
NOTARY PUBLIC for the
State of Montana
SEAL *
Residing at Columbia Falls, Montana
My Commission Expires
0-jr—
February 23, 2027
Retum To:
James Bamett
3821 Lower Valley Road
Kalispell, MT
POWER OF ATTORNEY
(REAL ESTATE)
KNOW ALL MEN BY THESE PRESENTS, that 1, ADAM MILLS do hereby make, constitute and appoint
JAMES BARNETT, as my true and lawful attorney in fact with full power and authority in my name and in my stead
and on my behalf
The Power to perform any and all acts necessary to purchase, sell, convey, transfer title, deliver deeds, bargain,
encumber, or contract for the sale or purchase of certain real property described as follows:
PARCEL A OF CERTIFICATE OF SURVEY NO. 16743, ON FILE AND OF PUBLIC RECORD
IN FLATHEAD COUNTY, MONTANA; LOCATED IN THE WEST HALF OF SECTION 36,
TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA;
CONTAINING 20.10 ACRES, MORE OR LESS
2. To execute and deliver a Warranty Deed or Quit Claim Deed conveying said real property to a third party.
3. To execute a promissory note or notes creating and evidencing an obligation as therein set forth, and to execute
a Deed of Trust encumbering the above described real property and securing the repayment of the obligations
described in said promissory note, and to execute all assignments of rents, financing statements, and security
agreements in addition to the Deed of Trust to secure repayment of the obligations set forth in said promissory
note.
4. To sign on my behalf settlement statements, disclosure statements, acceptance statements, affidavits concerning
mechanic's liens, assignment of security deposits, extensions of the contract for purchase and sale, and any and
all other documents and instruments required as part of the closing function pertinent hereto.
5. To execute and deliver matters involved in subdivision planing, applications and other items necessary to
subdivide said land.
AND in general I give my said attorney in fact full power to handle all my business affairs in such manner and with
such authority as myself might exercise, including the power to make, execute, and acknowledge instruments of every
kind which may be proper or requisite to effectuate all or any of the premises.
I hereby ratify, confirm and approve each and every act of my said attorney heretofore and hereafter taken in
conformity with this power of attorney.
THIS power of attorney shall be effective until revoked by me in writing, such revocation to be delivered to the
attorney in fact above named. Everyone dealing with my said attorney in fact shall be entitled to rely upon the
certificate of such attorney in fact to the effect that his/her power is in effect and has not been revoked.
• THIS POWER OF ATTORNEY SHALL NOT BE AFFECTED BY THE DISABILITY OF THE PRINCIPAL.
• THIS POWER OF ATTORNEY SHALL AUTOMATICALLY EXPIRE BY ITS OWN TERMS UPON
COMPLETION OF THE LIMITED PURPOSE SET FORTH ABOVE.
IN WITNESS WHEREOF, I have set my hand on this
- - — I
Adam Mills,/P
day of F"mrn� 2025
STATE OF
ss.
COUNTY OF
This instrument was acknowledged before me this ZS t1, day of _Ce_� 2025, by
Adam Mills.
,W PTNEISSMY HAND AND OFFICIAL SEAL.
Notary Public:
Nc-
My commission expires: WR--4-*WvN v'j-001-Ir t--
q I t-7 I-Lol!&
�k E R
0-
tary Public
Franklin
County z
-,0
/011111111i%00
,eturn To:
ames Bamett
821 Lower Valley Road
,alispell, MT
(REAL ESTATE)
14OW ALL MEN BY THESE PRESENTS, that 1, MATT FRITTER do hereby make, constitute and appoint
kMES BARNETT, as my true and lawful attorney in fact with full power and authority in my name and in my stead
d on my behalf:
The Power to perform any and all acts necessary to purchase, sell, convey, transfer title, deliver deeds, bargain,
encumber, or contract for the sale or purchase of certain real property described as follows:
PARCEL A OF CERTIFICATE OF SURVEY NO. 16743, ON FILE AND OF PUBLIC RECORD
IN FLATHEAD COUNTY, MONTANA; LOCATED IN THE WEST HALF OF SECTION 36,
TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA;
CONTAINING 20.10 ACRES, MORE OR LESS
To execute and deliver a Warranty Deed or Quit Claim Deed conveying said real property to a third party.
To execute a promissory note or notes creating and evidencing an obligation as therein set forth, and to execute
a Deed of Trust encumbering the above described real property and securing the repayment of the obligations
described in said promissory note, and to execute all assignments of rents, financing staterrients, and security
agreements in addition to the Deed of Trust to secure repayment of the obligations set forth in said promissory
note.
To sign on my behalf settlement statements, disclosure statements, acceptance statements, affidavits concerning
mechanic's liens, assignment of security deposits, extensions of the contract for purchase and sale, and any and
all other documents and instrurnents required as part of the closing function pertinent hereto.
To execute and deliver matters involved in subdivision platting, applications and other iterns necessary to
subdivide said land.
�ND in general I give rny said attorney in fact full power to handle all my business affairs in such manner and with
uch authority as myself might exercise, including the power to make, execute, and acknowledge instruments of every
ind which may be proper or requisite to effectuate a] I or any of the premises.
hereby ratify, confirm and approve each and every act of my said attorney heretofore and hereafter taken in
mformity with this power of attorney.
HIS power of attorney shall be effective until revoked by me in writing, such revocation to be delivered to the
attorney in fact above named. Everyone dealing with my said attorney in fact shall be entitled to rely upon the
certificate of such attorney in fact to the effect that his/her power is in effect and has not been revoked,
THIS POWER OF ATTORNEY SHALL NOT BE AFFECTED BY THE DISABILITY OF THE PRINCIPAL.
THIS POWER OF ATTORNEY SHALL AUTOMATICALLY EXPIRE BY ITS OWN TERMS UPON
COMPLETION OF THE LIMITED PURPOSE SET FORTH ABOVE.
IN WITNESS WHEREOF, I have set my hand on this day of 2025
Matt Fritter
STATE OF
Ss.
COUNTY OF
This instrument was acknowledged before me this day of 2025, by
Matt Fritter.
WITNESS MY HAND AND OFFICIAL SEAL.
Notary PLJ1, IC: -0
Residin,-, m 170 A-44-c-it P4 Com-49- 0
My commission expires: p6w7 31105,L-
V_ GALLO
NOTARY
PUBLIC
cp my comm. F-xp-
�A
Alg 3,2032 n
SOU-T%A
/1", fill%%
ALTA COMMITMENT FOR TITLE INSURANCE
Commitment Number:
issued by:
Fidelity National Title' FT1 585-241204
Amendment 2
NOTICE
IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY
THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION,
ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,
AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT.
THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY
OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions,
Fidelity National Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according to
the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in
Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I -Requirements have not been met within one hundred eighty (180) days after the
Commitment Date, this Commitment terminates and the Company's liability and obligation end.
Countersigned By:
Karla Kemm
Authorized Officer or Agent
Fidelity National Title Insurance Company
By:
Attest:
)A�Y�91
Michael J. Nolan, President
Marjorie Nemzura, Secretary
This page is only apart of a 2021 ALTA@ Commitment for Title Insurance issued by FidelityNational Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy- the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11-Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 01.23.25 @ 05:07 PM
Page 1 MT-FT-FLAT-01585.350200-SPS-1-25-FT1585-241204
FIDELITY NATIONAL TITLE INSURANCE COMPANY
CO M M I TM EN T N 0. FT1 585-241204
AMENDMENT2
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment
Condition 5.e.:
ISSUING OFFICE:
FOR SETTLEMENT INQUIRIES, CONTACT:
Title Officer: Karla Kemm (SM)
Escrow Officer: Tracy Dugan
Fidelity National Title Company of Montana, LLC
Fidelity National Title Company of Montana, LLC
150 1 st Avenue WN, Suite B
284 Flathead Avenue Ste 101
Kalispell, MT 59901
Whitefish, MT 59937
Main Phone: (406)755-7004
Phone: 406-862-7914 Fax: 866-269-7802
Email: Karla.Kemm@fnf.com
Main Phone: (406)862-7914
Email: Tracy.Dugan@fnf.com
Order Number: FT1585-241204
SCHEDULEA
1. Commitment Date: January 2, 2025 at 08:00 AM
2. Policy to be issued:
(a) ALTA Owners Policy 2021 (Extended)
The premium shown reflects a reissue rate
Proposed Insured: CAP Acquisitions, LLC, a Washington limited liability company
Proposed Amount of Insurance: $3,700,000.00
The estate or interest to be insured: Fee Simple
Premium: $9,844.75
Total: $9,844.75
3. The estate or interest in the Land at the Commitment Date is:
Fee Simple
4. The Title is, at the Commitment Date, vested in:
James Barnett and Adam Mills and Sean Averill and Craig Denman and Matt Fritter
5. The Land is described as follows:
Parcel A of Certificate of Survey No. 16743, situated, lying and being in the Southwest Quarter of the Southwest
Quarter of the Northwest Quarter and the Northwest Quarter of the Northwest Quarter of the Southwest Quarter of
Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana.
THE ABOVE LEGAL DESCRIPTION CONTAINS MORE PROPERTY THAN IS INTENDED TO BE CONVEYED.
SAID LEGAL DESCRIPTION IS SUBJECT TO CHANGE UPON RECEIPT OF A PROPER SURVEY CREATING
THE LEGAL DESCRIPTION TO BE CONVEYED.
END OF SCHEDULE A
This page is only apart of a 2021 ALTA@ Commitment for Title Insurance issued by FidelityNational Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11-Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMERICAN
LAND TITLE
ASSOCIATION
-jft-�
ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 01.23.25 @ 05:07 PM
Page 2 MT-FT-FLAT-01585.350200-SPS-1-25-FT1585-241204
CO M M I TM EN T N 0. FT1 585-241204
FIDELITY NATIONAL TITLE INSURANCE COMPANY AMENDMENT2
SCHEDULE B, PART I - Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then
make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must
be properly authorized, executed, delivered, and recorded in the Public Records.
If a power of attorney is to be used in this transaction, furnish a true and correct copy in recordable form, for
review and approval prior to executing any documents.
The Company reserves the right to add additional items or make further requirements after review of the
requested documentation. The Company may require that the attorney -in -fact named in the power of attorney
execute an affidavit stating that the power of attorney has not been revoked and that he/she has no knowledge or
information regarding the death or incapacity of the principal therein.
6. If this transaction is to be involved in a 1031 or similar exchange, the closing officer must be notified well in
advance of closing.
In the event matters are discovered during the closing process which would otherwise be insured by the Covered
Risks included in the policy, the Company may limit or delete insurance provided by the affected Covered Risk. In
such event, a supplemental will be issued prior to closing.
The Company requires a satisfactory statement from the Association or its agent stating the amount, if any, of
unpaid common or maintenance charges against the property, to the date of closing. At that time, the Company
may make additional requirements or exceptions.
If Fidelity is to be named a Trustee, reference it as follows:
Fidelity National Title Company of Montana, LLC
10. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation,
distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving
Land that is associated with these activities.
11. The transaction contemplated in connection with this Report is subject to the review and approval of the
Company's Corporate Underwriting Department. The Company reserves the right to add additional items or
make further requirements after such review.
12. Survey, when recorded, must be in compliance with the provisions of the Montana Subdivision and Platting Act,
1973 (Sections 76-3-101 MCA through 76-3-614 MCA) and the regulations adopted pursuant thereto.
This page is only apart of a 2021 ALTA@ Commitment for Title Insurance issued by FidelityNational Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy- the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11-Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
AMERICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as It
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 01.23.25 @ 05:07 Pi�i
Page 3 MT-FT-FLAT-01585.350200-SPS-1-25-FT1585-241204
CO M M I TM EN T N 0. FT1 585-241204
FIDELITY NATIONAL TITLE INSURANCE COMPANY AMENDMENT2
SCHEDULE B, PART I - Requirements
(continued)
13. The Company will require the following documents for review prior to the issuance of any title insurance predicated
upon a conveyance or encumbrance from the entity named below.
Limited Liability Company: CAP Acquisitions, LLC, a Washington limited liability company
a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or
modifications thereto, certified by the appropriate manager or member.
b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment
thereto with the appropriate filing stamps.
c. If the Limited Liability Company is member -managed a full and complete current list of members
certified by the appropriate manager or member.
d. A current dated certificate of good standing from the proper governmental authority of the state in which
the entity was created
e. If less than all members, or managers, as appropriate, will be executing the closing documents,
furnish evidence of the authority of those signing.
The Company reserves the right to add additional items or make further requirements after review of the
requested documentation.
END OF SCHEDULE B, PART I
This page is only apart of a 2021 ALTA@ Commitment for Title Insurance issued by FidelityNational Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy- the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11-Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
AMERICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as It
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 01.23.25 @ 05:07 Pi�i
Page 4 MT-FT-FLAT-01585.350200-SPS-1-25-FT1585-241204
CO M M I TM EN T N 0. FT1 585-241204
FIDELITY NATIONAL TITLE INSURANCE COMPANY AMENDMENT2
SCHEDULE B, PART 11 - Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the
remaining provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
A. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained
by an inspection of said Land or by making inquiry of persons in possession of the Land.
B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land and that are not shown in the Public Records.
C. Easements, claims of easements, or encumbrances which are not shown by the Public Records.
D. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and
not shown by the Public Records.
E. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or not the matters accepted under (a), (b), (c) are shown
by the Public Records.
F. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies
taxes or assessments on real property or by the Public Records. Proceedings by a public agency which may result
in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or
by the Public Records.
G. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the Clerk and
Recorder pursuant to Title 70, Chapter 21 M.C.A., including but not limited to any right of the public to use and
occupy those certain roads and trails.
H. Mineral rights, claims or title to minerals in or under said Land, including but not limited to metals, oil, gas, coal,
and other hydrocarbons, sand, gravel, or stone, and geothermal energy rights, and easement or other rights or
matters relating thereto, whether express or implied, recorded or unrecorded.
1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the
Schedule B, Part I —Requirements are met.
Paragraphs A, B, C, D, F and I will not appear as printed exceptions on extended coverage policies, except as to
such parts thereof which may be typed as a Special Exception as shown below.
This page is only apart of a 2021 ALTA@ Commitment for Title Insurance issued by FidelityNational Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11-Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
AMERICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as It
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 01.23.25 @ 05:07 Pi�i
Page 5 MT-FT-FLAT-01585.350200-SPS-1-25-FT1585-241204
CO M M I TM EN T N 0. FT1 585-241204
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B, PART 11 - Exceptions
(continued)
SPECIAL EXCEPTIONS:
General Taxes for the year 2024
1st Half: $1,589.12 PAID
2nd Half: $1,589.10 DUE and will become delinquent after May 31, 2025
Tax I D No.: 0 1 -0309910
AMENDMENT2
2. General County Taxes for the year 2025 and subsequent years, which are a lien but not yet due or payable.
3. Any possible additional tax assessments because of construction and/or improvements to the property.
4. INTENTIONALLY DELETED
5. Reservations, exceptions and provisions contained in the patent from the State of Montana, and in the acts
authorizing the issuance thereof.
Recording Date: February 6, 1964
Recording No: Book 460, Page 677
6. Easement(s) and rights incidental thereto as set forth in a document:
In favor of: Pacific Power & Light Company
Recording Date: August 15, 1973
Recording No.: Book 556, Page 800
INTENTIONALLY DELETED
Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained
or referred to on Certificate of Survey No. 13423. Reference is hereby made to the survey for more particulars.
Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained
or referred to on Certificate of Survey No. 16743. Reference is hereby made to the survey for more particulars.
This page is only apart of a 2021 ALTA@ Commitment for Title Insurance issued by FidelityNational Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy- the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11-Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
AMERICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
ASSOC-10N
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 01.23.25 @ 05:07 PM
Page 6 MT-FT-FLAT-01585.350200-SPS-1-25-FT1585-241204
CO M M I TM EN T N 0. FT1 585-241204
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B, PART 11 - Exceptions
(continued)
10. Latecomers Agreement for Water & Sewer Extension
Recording Date:
May 5, 2006
Recording No.:
200612509030
AND
Amendment to Latecomers
Agreement for Water & Sewer Extension
Recording Date:
May 18, 2011
Recording No.:
201100010329
AND
Memornadum of Understanding for Latecomers Agreement for Water & Sewer Extension
Recording Date: August 16, 2011
Recording No.: 201100016731
AMENDMENT2
11. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained
or referred to on Certificate of Survey No. 18465. Reference is hereby made to the survey for more particulars.
12. Right of Way Easement Agreement and rights incidental thereto as set forth in a document:
In favor of: City of Kalispell
Recording Date: September 17, 2008
Recording No.: 200800026045
13. This property lies within the boundaries of Resolution No. 6118 for Annexation, recorded March 14, 2023 at
202300003681 and will be subject to any levies and assessments thereof.
14. Petition to Annex and Notice of Withdrawal from Rural Fire District
Recorded: March 14, 2023
Document No: 202300003685
15. Ordinance No. 1902
Recorded: April 4, 2023
Document No: 202300004849
This page is only apart of a 2021 ALTA@ Commitment for Title Insurance issued by FidelityNational Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy- the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11-Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
AMERICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
ASSOC-10N
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 01.23.25 @ 05:07 PM
Page 7 MT-FT-FLAT-01585.350200-SPS-1-25-FT1585-241204
CO M M I TM EN T N 0. FT1 585-241204
FIDELITY NATIONAL TITLE INSURANCE COMPANY
SCHEDULE B, PART 11 - Exceptions
(continued)
16. A judgment for installment payments of spousal and/or child support, to be made by:
Debtor:
Sean D. Averill
Creditor:
Alexandria N. Averill
Amount:
any amount due thereunder
Date entered:
February 27, 2018
Court:
District Court of Flathead County
Case No.:
DR-17-098(D)
A judgment, for the amount shown below, and any other amounts due:
Debtor:
Sean D. Averill
Creditor:
Alexandria N. Averill nka Alexandria N. Jackson
For:
cash equalization
Date entered:
February 4, 2019
Court:
District Court
Case No.:
DR-17-098A
17. A deed of trust to secure an indebtedness as shown below,
AMENDMENT2
Amount: $2,850,000.00
Dated: July 8, 2022
Trustor/Grantor: Adam Mills, Sean Averill, James Barnett, Matt Fritter, and Craig Denman, all as tenants in
common
Trustee: Fidelity Title of Flathead Valley, LLC
Beneficiary: First Interstate Bank
Recording Date:July 8, 2022
Recording No.: 202200016912
Affects: Premises and Other Property
An agreement to modify the terms and provisions of said deed of trust as therein provided
Executed by: Adam Mills, Sean Averill, James Barnett, Matt Fritter, and Craig Denman and First Interstate
Bank
Recording Date: August 28, 2024
Recording No: 202400015525
18. In order to expedite this report to you, no physical inspection of the Land has been made. If a physical inspection
is made, any matters found by our inspection requiring disclosure to you will be shown in a Supplement Report.
19. The land described in the commitment/policy shall not be deemed to include any home trailer or mobile home
located on the property.
20. Exceptions and reservations contained in Patents of record.
This page is only apart of a 2021 ALTA@ Commitment for Title Insurance issued by FidelityNational Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy- the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11-Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
AMERICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
ASSOC-10N
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 01.23.25 @ 05:07 PM
Page 8 MT-FT-FLAT-01585.350200-SPS-1-25-FT1585-241204
CO M M I TM EN T N 0. FT1 585-241204
FIDELITY NATIONAL TITLE INSURANCE COMPANY AMENDMENT2
SCHEDULE B, PART 11 - Exceptions
(continued)
21. Surveyor notes and matters as reflected on ALTA/ACSM Land Title Survey dated October 11, 2024, and prepared
by Kristine L. McMahopn, P.L.S., 512271-S, of WGM Group, Inc., Job No. 22-04-25.
END OF SCHEDULE B, PART 11
This page is only apart of a 2021 ALTA@ Commitment for Title Insurance issued by FidelityNational Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy- the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11-Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
AMERICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as It
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 01.23.25 @ 05:07 Pi�i
Page 9 MT-FT-FLAT-01585.350200-SPS-1-25-FT1585-241204
CO M M I TM EN T N 0. FT1 585-241204
FIDELITY NATIONAL TITLE INSURANCE COMPANY
COMMITMENT CONDITIONS
AMENDMENT2
DEFINITIONS
a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally
discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender
identity, familial status, disability, national origin, or other legally protected class.
b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.
C. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The
term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any
abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of
access to and from the Land is to be insured by the Policy.
d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by
electronic means authorized by law.
e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be
issued pursuant to this Commitment.
g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.
h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document
must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term
"Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection,
planning, permitting, zoning, licensing, building, health, public safety, or national security matters.
i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also
includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam.
j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A.
2. If all of the Schedule B, Part I -Requirements have not been met within the time period specified in the Commitment to Issue Policy, this
Commitment terminates and the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I -Requirements; and
f. Schedule B, Part II -Exceptions; and
g. a counter -signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse
claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment
Condition 5. The Company is not liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between
the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the
Proposed Insured's good faith reliance to:
i. comply with the Schedule B, Part I -Requirements;
ii. eliminate, with the Company's written consent, any Schedule B, Part II -Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
C. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in
Commitment Condition 5.a. or the Proposed Amount of Insurance.
This page is only apart of a 2021 ALTA@ Commitment for Title Insurance issued by FidelityNational Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy- the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11-Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
AMERICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as It
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 01.23.25 @ 05:07 Pi�i
Page 10 MT-FT-FLAT-01585.350200-SPS-1-25-FT1585-241204
CO M M I TIVI EN T N 0. FT1 585-241204
FIDELITY NATIONAL TITLE INSURANCE COMPANY AMENDIVIENT2
(continued)
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I -Requirements have been
met to the satisfaction of the Company.
g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions
of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or
federal court having jurisdiction.
C. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this
Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express
or implied, relating to the subject matter of this Commitment.
d. The deletion or modification of any Schedule B, Part II -Exception does not constitute an agreement or obligation to provide coverage beyond
the terms and provisions of this Commitment or the Policy.
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy.
7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is
not the Company's agent for closing, settlement, escrow, or any other purpose.
8. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A
pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment
to insure.
9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment
Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.
10. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN
CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE
ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL
CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE
PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11. ARBITRATION -INTENTIONALLY DELETED
END OF CONDITIONS
This page is only apart of a 2021 ALTA@ Commitment for Title Insurance issued by FidelityNational Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy- the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part 11-Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
AMERICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as It
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 01.23.25 @ 05:07 PM
Page 11 MT-FT-FLAT-01585.350200-SPS-1-25-FT1585-241204
Consent to Platting and Dedication:
Pursuant to 76-3-612, M.CA the undersigned First Interstate Bank, Beneficiary under that certain
Deed of Trust identified as follows.
Date: July 08, 2022
Trustor/Grantor: Adam Mills, Sean Averill, James Barnett,
Matt Fritter, and Craig Denman all as tenants in
common
Document Number. # 2022-000-16912
z
Si6natu're and Title
'5—eO4 R. /�'J�C-ko(-50-' J -
Printed Name and Date
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
r r,
day of 20,�-
BY - C* L
(Notary Seal)
RANDEE CARNS
"I)Et C.4
Notary Public for the
Notarial
0
State of Montana
Seal
Residing at KAUSPELL, MT
My Commission Expires
L—
Apri[ 27, 2026
—.1
Notary Signature
T
Residing at: �-A
My commission expires:
Legal Description - Timberwolf Ridge Phase 1
Parcel A of Certificate of Survey No. 16743, situated in the SW1/4 SWIM NW114 and the NW1/4
NW1/4 SW1/4 of Section 36, Township 29 North, Range 22 West P.M.M., Flathead County, Montana
Development Services
CAI Y C Department
201 Ist Avenue East
Kalispell, MT 59901
KAILI[SPEILIL Phone (406) 758-7940
FINAL PLAT
Email: planning(a-)kalispell.com
Website: www.kalispell.com
Project Name
Timberwolf Ridge Phase 1
Property Address
605 Stillwater Road Kalispell, MT 59901
NAME OF APPLICANT
James Barnett
Applicant Phone
Applicant Address
3821 Lower Valley Road
City, State, Zip
Kalispell, mt 59901
Applicant Email Address
Jamesbarnett360@gmail.com
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD
James Barnett, Sean Averill, Craig Denman, Matt Fritter, and Adam Mills
Owner Phone
Owner Address
3821 Lower Valley Road
City, State, Zip
Kalispell MT, 59901
Owner Email Address
Jamesbarnett360@gmaiI.com
CONSULTANT (ARCHITECTIENGINEER)
WGM Group Attn: Mike Brodie
Phone
1 406-756-4848
Address
431 1 st avenue west
City, State, Zip
Kalispell, mt 59901
Email Address
mbrodie@wgmgroup.com
POINT OF CONTACT FOR REVIEW COMMENTS
WGM Group attn Mike Brodie (see above)
Phone
Address
City, State, Zip
Email Address
List ALL owners (any individual or other entity with an ownership interest in the property):
James Barnett, Sean Averill, Craig Denman, Adam Mills, Matt Fritter (Tenants in common)
CI"FY 40F
KAILI[SPEILIL
1. Date of Preliminary Plat Approval March 6. 2023
Development Services
Department
201 Ist Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
2. Type of Subdivision: Residential-0 IndustrialEl CommercialEl PUDEZ] OtherEl
3. Total number of lots in Subdivision: 3
4. Land in Project (acres) 18.36
5. Parkland (acres) 0
8. Number of lots by type:
Single Family
Commercial/industrial
Townhouse (sublots)
6. Cash -in -lieu So
7. Exempt
Multi -Family 2
Mobile Home
RV Park
Other 1 kt fi-t)
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 caseswhere
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 x
Title Report (Original, not more than 90 days old) x
Tax Certification (Property Taxes must be paid) x
Consent(s) to Plat (Originals and notarized)
Subdivision Improvement Agreement (Attach signed
original & collateral) x
Parkland Cash -in -lieu (Check attached) X
Water rights transfer x
Copy of CCR's X
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 information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based
thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be
present on the property for routine monitoring and inspection during the approval and development process.
Applicant Signature
Date
-00
C-:I,I,y C7 �
111CAILISPEILIL
APPLICATION PROCESS
(application must be received and
accepted by the Kalispell Planning
Department 30 days prior to the City
Council Meeting and at least 60 days
prior to the expiration of the preliminary
plat)
Application Contents:
1. Completed application form & attachments
2. Electronic copy of the application materials submitted. Either
copied onto a disk or emailed to plan n i ng@kalispell.com (Please
note the maximum file size to email is 20MB)
Development Services
Department
201 Ist Avenue East
Ka I ispel I, MT 59901
Phone (406) 758-7940
3. Electronic copy of the dwg files of the final plat
4. Application fee based on the schedule in the link below, made payable to the City of Kalispell:
htti)s://www.kalisi)ell.con-i/DocumentCenterNiew/447/Planning-Fees-Schedule-2023-PDF?bidld=
WGMGROUP
Community Values. Inspired Futures.
February 18, 2025
Jarod Nygren, Development Services Director
Kalispell Planning Department
201 1 s' Avenue East
Kalispell, MT 59901
Re: Final Plat Application for Timberwolf Ridge Subdivision — Phase 1
Dear Jarod:
As the engineer of record for Timberwolf Ridge Subdivision — Phase 1, 1 hereby certify that all of the
conditions stated in Resolution No. 6119 have been addressed to the best of my knowledge. All
items that are not complete are addressed via the subdivision improvements agreement included with
this application.
Enclosed is the Final Plat application for the Timberwolf Ridge Subdivision- Phase 1. 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 future preliminary plat as approved by the city council.
The plat is in substantial compliance with the application submitted and subsequent
amendment approved by site review.
2. The Planned Unit Development for Timberwolf Ridge allows the following deviations from
the Zoning Regulations:
1) Section 27.09.040 - Height: The maximum height by right in the RA-1 is 45 feet. The
deviation would allow 60 feet.
This zoning overlay remains applicable to the lot. No building is proposed as a part
of this plat. This will be submitted once the lot is created through this plat.
2) Section 27.20.140 — Structures to Have Access: The zoning regulation do not allow a
building permit to be issued for a property that does not have access to a public street or an
approved private street. This deviation would allow two lots to be created with access
through common parking facilities.
No buildings are being proposed with this final plat. All access through future internal
parking lots includes easements for access and utilities. These easements may need to be
amended if design is modified but have been included on plat in anticipated locations. This
corresponds with the approved Minor PUD Amendment which is included in this submittal.
The Planned Unit Development for Timberwolf Ridge allows the following deviation from the
Subdivision Regulations:
431 1" Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
Kalispell Planning Department
February 18, 2024
Page 2 of 8
1) Sections 28.3.12 and 28.3.13(C) — Blocks and Subdivision Access: The subdivision
regulations require block lengths of at least 250 feet and not more than 600 feet. They also
provide for right-of-way extensions to provide interconnectivity to adjacent properties.
Subject to providing pedestrian access to adjoining parcels, this deviation would allow the
block/access provided in the submitted plans.
Accesses will be required to match up with intersections at opposite sides of the
street at approximately 620 feet between Timberwolf Parkway and the site's western
access at the intersection of August Way. The proposed locations are included to be
added with the improvements to be bonded for with the included Subdivision
Improvement Agreement (SIA).
4. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with
the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning
Ordinance.
The PILID updates have been approved via a minor PILID amendment included with this
submittal. No site improvements are proposed as a part of this plat, but the supporting
offsite infrastructure included with the SIA will correspond with this plan. All infrastructure
included in the SIA and supporting this lot will be constructed with the site development
planned to begin once reviews from the City are completed/approved.
5. The abandonment or expiration of the PUD is governed by Section 27.19.020(l 0) of the Kalispell
Zoning Ordinance.
The PILID was amended in July of 2024. It is currently active and included with this
submittal.
G. 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.
Not applicable at this time. A stormwater report adhering to City of Kalispell Standards
have been submitted with the plans for the lot's development for City approval in advance
of any site work or road upgrades. The subject final plat application proposes a SIA and
bond to allow the lot to be created and all adjacent infrastructure upgrades and onsite
infrastructure to be constructed in a single project. An MFE for the subdivision has been
included with this submittal.
Any storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding ponds as the dominant fixture shall not be allowed
without mitigation. The developer shall work closely with the Parks Department and Public Works
to develop a design that is both visually appealing and meets the required safety guidelines. It is
intended that when the project is developed the ponds will act as features, particularly along the
roadways, rather than a private maintenance utility facility.
Kalispell Planning Department
February 18, 2024
Page 3 of 8
Not applicable at this time. A stormwater design and landscape plan have been submitted
with the plans for the lot's development and in advance of any site work or road upgrades.
The subject final plat application proposes a SIA and bond to allow the lot to be created
and all adjacent infrastructure upgrades and onsite infrastructure to be constructed in a
single project.
8. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/ sediment control plan for review and approval and a copy of all documents submitted to
Montana Department of Environmental Quality for the General Permit for Storm Water Discharge
Associated with Construction Activities.
Not applicable at this time. An erosion and sedimentation plan has been submitted with the
plans for the lot's development and in advance of any site work or road upgrades. The
subject final plat application proposes a SIA and bond to allow the lot to be created and all
adjacent infrastructure upgrades and onsite infrastructure to be constructed in a single
project.
9. The developer shall submit water and sanitary sewer plans, applicable specifications, and design
reports to the Kalispell Public Works Department and the Montana Department of Environmental
Quality for concurrent review, with approval of both required prior to construction.
Not applicable at this time. Water and sewer designs adhering to City of Kalispell
Standards have been submitted with the plans for the lot's development for City and DEQ
approval in advance of any site work or upgrades. The subject final plat application
proposes a SIA and bond to allow the lot to be created and all adjacent infrastructure
upgrades and onsite infrastructure to be constructed in a single project.
10. New infrastructure required to serve the property 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.
Not applicable at this time. Existing supporting infrastructure was constructed in
accordance with City of Kalispell Standards for Design and construction. Design work
adhering to City of Kalispell Standards has been submitted with the plans for the lot's
development for City and DEQ approval in advance of any site work or upgrades. The
subject final plat application proposes a SIA and bond to allow the lot to be created and all
adjacent infrastructure upgrades and onsite infrastructure to be constructed in a single
project.
11. 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.
Kalispell Planning Department
February 18, 2024
Page 4 of 8
Not applicable at this time. An MFE has been obtained from Kalispell Public works to be
filed for the development and the minor extensions into the property are included in the
SIA. Water and sewer designs adhering to City of Kalispell Standards have been submitted
with the plans for the lot's development for City and DEQ approval in advance of any site
work or upgrades. The subject final plat application proposes a SIA and bond to allow the
lot to be created and all adjacent infrastructure upgrades and onsite infrastructure to be
constructed in a single project.
12. Any water rights associated with the property shall be transferred to the City of Kalispell. The
water rights shall be allocated proportionally for each phase of the development prior to final plat.
A water rights quit claim deed and real estate transfer form for all known water rights
associated with the property has been included with this final plat application. The real
estate transfer form will be filed with the county once City officials have signed it.
13. If any fencing is to be constructed as part of the development, it shall comply with height and
location zoning standards and should be a consistent design throughout the development. Any
fencing will be required to be reviewed and approved by the city Architectural Review Committee,
which shall ensure a consistency of colors and materials to be used to present an aesthetically
pleasing design.
Not applicable.
14. The developer shall submit the street designs to the Kalispell Public Works Department for review
and approval prior to construction. Street designs shall meet the city standards for design and
construction.
Not applicable at this time. Street designs adhering to City of Kalispell Standards have
been submitted with the plans for the lot's development for City and DEQ approval in
advance of any site work or upgrades. The subject final plat application proposes a SIA
and bond to allow the lot to be created and all adjacent infrastructure upgrades and onsite
infrastructure to be constructed in a single project.
15. Stillwater Road is designated as a minor arterial and Timberwolf Parkway as a minor collector in
the Transportation Plan. Both roads shall be upgraded to that standard along the property's
frontage including, but not necessarily limited to curb/gutter, landscape boulevard, sidewalk, and
streetlights. The right-of-way currently owned by the developer shall be dedicated to the city. A
dedication of additional road right-of-way may be required to accommodate the road classification
and improvements.
The costs associated with the required upgrades to Timberwolf Parkway and Stillwater
Road have been included in the included SIA. Design of these improvements was
submitted to Kalispell Public Works and will be reviewed once building plans have been
submitted to the building department.
Kalispell Planning Department
February 18, 2024
Page 5 of 8
1G. Prior to final plat, all mitigation recommended as part of the approved traffic impact study shall be
completed. All improvements shall be reviewed and approved by the Public Works Department.
Per the city Standards for Design and Construction, the development shall maintain or improve
the existing level of service for the affected roadways rather than simply maintaining an
acceptable level of service. Improvements necessary to maintain the existing level of service will
be required.
The costs associated with the required upgrades to Stillwater Road and Four Mile Drive
intersection have been included in the included SIA. Design of these improvements was
submitted to Kalispell Public Works and will be reviewed once building plans have been
submitted to the building department.
17. Required mitigation related to the Traffic Impact Study would include (a) making the Four Mile
Drive/Stillwater Road intersection a four-way stop; and (b) adding a westbound right turn lane in
Timberwolf Parkway is also required at the intersection with Stillwater Road.
The costs associated with the required upgrades to Stillwater Road and Four Mile Drive
intersection have been included in the included SIA. A westbound right turn lane exists
currently, but upgrades satisfying this condition are included in the SIA.
18. Cross easements for parking and access shall be included on the plat to serve all of the lots.
The subject plat is accessed via City of Kalispell roads (Stillwater Road and Timberwolf
Parkway. Internal to the lots and included on the plat are easements to accommodate the
anticipated configuration of the parking lots for the future lot development. Any changes
required as a part of agency comments on the development will be updated and filed with
Flathead County.
19. Prior to commencing any development of the property, a full geotechnical report shall be
submitted. Any recommendations shall be implemented.
The costs associated with the required upgrades to Stillwater Road and Four Mile Drive
have considered geotechnical recommendations. The full geotechnical report is included
with this plat.
'20. The preliminary plat approval shall be valid for a period of three years from the date of approval.
The preliminary plat was approved in March of 2024 and remains valid. A copy of
Resolution 6119 is on file with the City of Kalispell. The subdivision proposed is in
substantial compliance with this approval.
21. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure
Kalispell Planning Department
February 18, 2024
Page 6 of 8
has been constructed per city standards, and a proper bond has been accepted for unfinished
work.
Not applicable at this time. Plans adhering to City of Kalispell Standards have been
submitted with the plans for the lot's development for City and DEQ approval in advance of
any site work or upgrades. The subject final plat application proposes a SIA and bond to
allow the lot to be created and all adjacent infrastructure upgrades and onsite
infrastructure to be constructed in a single project.
22. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of utilities
from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department
shall be obtained stating that the required easements are being shown on the final plat.
Easements are included on final plat to support planned development configuration for
roads, water, sewer and other utilities.
23. 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
This note has been added to the final plat.
2' 4. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service
has reviewed and approved of the design and location of the mail delivery site. The mail delivery
site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and
improvements shall also be included in the preliminary and final engineering plans to be reviewed
by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed
boulevard area.
Email correspondence from Larry Golie the USPS postmaster is included with this
submittal verifying the location of the mail facilities.
25. A property owners' association shall be formed and established to provide for the maintenance of
the common areas, including, but not necessarily limited to, parks and open space.
There is a single owner for each of the properties and cross easements are provided to
ensure access to both utilities and adjacent roads. All parks and stormwater maintenance
will be the responsibility of each individual property owner and no shared maintenance
costs or responsibility is planned for the two residential apartment parcels being created
as a part of this plat.
Kalispell Planning Department
February 18, 2024
Page 7 of 8
26. 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.
Access to the existing property is provided by Timberwolf Parkway and Stillwater Road.
There are City hydrants located along these roads. A letter is included from Dan Pearce
verifying the placement of hydrants within the planned development that will occur on the
northern lot, but no additional hydrants are proposed for the creation of the lot.
27. 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, common area, and adjoining rights -of -way. The approved landscape plan
shall be implemented or a cash -in -lieu payment for installation of the street trees and groundcover
be provided to the Kalispell Parks and Recreation Department.
No letter has been received because landscape plans cannot be reviewed until a building
plan has been submitted. Boulevard landscaping is included with the SIA, corresponded
with the submitted plans, but a building permit cannot be issued until the lot itself is
created via this final plat.
28. A park plan shall be created and approved by the Parks and Recreation Director prior to issuance
of any building permit. As a multi -family development, 500 square feet of land per unit or the
equivalent in improvements shall be provided as recreational amenities.
No building permit is being requested at this time. This is specifically a request for the
creation of the lots shown on the final plat. Landscape and park plans have been submitted
to Kalispell Parks and Recreation Department with the development of the lot (separately
from this application).
29. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park
maintenance district. This district shall only be activated in the event that the property owners'
association defaults on their park and open space amenity conditions. The assessments levied
within the maintenance district shall be determined by the Parks and Recreation Department with
approvals by the Kalispell City Council.
This note is included on the final plat.
30. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the property
owner(s) default on the maintenance of the approved stormwater facilities. The assessments
levied within the maintenance district shall be determined by the Public Works Department with
approvals by the Kalispell City Council.
This note is included on the final plat.
31. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note stating
that "The owners hereby waive the right to protest the creation of an SID for the purpose of
financing improvements to area roads which specifically benefit this subdivision." This note shall
be expanded to also specifically list the roundabout as one of the projects that the waiver would
apply to.
Kalispell Planning Department
February 18, 2024
Page 8 of 8
This note is included on the final plat.
32. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed
prior to final plat submittal.
Based on discussions with the Kalispell planning department and public works, the
existing infrastructure supports the creation of the lots included with the final plat, an
email has been included verifying this is an acceptable path forward. A SIA and Bond has
been included with this application to cover offsite improvements that will need to be made
as a part of the subsequent development of the lot.
33. All utilities shall be installed underground and in locations that are approved by the Kalispell Public
Works Department in accordance with the Kalispell Standards for Design and Construction.
All utilities supporting the creation of the lots shown in the final plat exist and are owned
by City of Kalispell.
34. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
No areas will be disturbed as a part of this final plat. All areas disturbed during any
construction activities on the site will be revegetated with weed free mix. Information on
planting and seeding have been included on landscape plans when lot development is
designed and submitted.
Sincerely,
WGM Group, Inc.
Mike Brodie, P.E.
Project Engineer
Enclosures:
Conditions of approval supporting documentation for Timberwolf Ridge
SIA
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: WGM
FOR: Barnett, Mills, Averill, Denman, Fritter DATE: 2/14/2025
DESCP: Timberwolf Ridge, Phase 1 PURPOSE: Subdivision
36-29-22
YEARS ASSESSOR #
2022 thru 2024 0309910
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
iz=rh �zccaccnr n"mhor
4
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
DE MUNICIPAL FACILITIES EXCLUSION
MontmaDepartrrent QA101h-
Ervironn'Antal Qvaldy�
Subdivision Name: Timberwolf Ridge Number of lots/pa rcels/u nits: 3
Geocode: 07407736201010000
(this can be found at http://sve.mt.gov/msi/mtcadastral)
Are main extensions necessary to serve the subdivision? XYes —No If yes, have plans for the mains been submitted
for review? X Yes —No
How will construction of the facilities be financed? Private financing.
Owner Information:
Owner(s) Name: See attached Exhibit A
Print name of owner(s)
Address: 3821 Lower Valley Road Kalispell, MT 59901
See attached Exhibit A
Signature of all owners of record
Street or PO Box, City, State, Zip Code
Email- Jamesbarneft360@gmail.com
Consultant Information:
Company and Address:
Phone: 406-756-4848
WGM Group 431 1 st Ave W Kalispell, MT 59901
Ernall: Mbrodie@wgmgroup.com Phone: 406-756-4848
Eligibility Reciuirements: All of the followina criteria must be met:
The project must be provided with adequate municipal water and sewer, solid waste disposal and the municipality
must review storm water plans.
All the mains necessary to serve the subdivision must be municipality owned, operated and maintained. Privately
owned mains or lift stations make the project ineligible for this exemption.
The municipality must be a 1s' or 20 class municipality as described in MCA 7-4-111 or covered under a growth
policy pursuant to Title 76, chapter 1.
The project must be one of the following (check applicable box):
X Anew division subject to review under the Montana Subdivision and Platting Act, or
Previously divided parcels recorded with Sanitary Restrictions prior to July 1, 1973 or
Divisions or parcels of land that are exempt from Montana Subdivision and Platting Act review
under 76-3-203 or 76-3-207 (11 ) (a), (b), (d), (e), or (f)
Form conUnues on next page
Submiftall Reciulrements: All of the followina items must be submitted:
X This form, signed by the property owner, and the municipalities' representative.
X Copy of Preliminary Plat, COS, Amended Plat, Unit Declaration or Exemption Certificate. The Plat, COS, Am
Plat, Unit Declaration or Exception Certificate must contain the exemption 764-125 (1)(d)(i), (ii) or (iii). If
using item (iii), the Plat, COS, Am Plat, Unit Declaration or Exemption Certificate must also contain the
appropriate Platting Act exemption.
X Vicinity map showing project location.
Applicable zoning ordinances in effect X on file
Copy of growth policy, if applicable X on file
$120 processing fee
Certification:
I hereby certify that I am licensed to practice engineering in the State of Montana, I am employed directly or retained by the
municipality providing service and am authorized to sign on behalf of the municipality. In addition, I hereby certify that:
1. The existing water and wastewater systems are in compliance with the provisions of Title 75, chapters 5 and 6, and
2. The water and wastewater systems have adequate capacity to meet the needs of the project, and
3. The municipality has or will review plans to ensure adequate storm water drainage and adequate solid waste
disposal.
(Signature of Professional Engineer)
Montana RE, Number
Send to: MTDEQ Subdivisions
PO Box 200901
Helena MT 59620-0901
(Date Signed)
PE Stamp
Revised 8/22/2022
Exhibit A - Owner Names and Signatures
Owner Information:
Owner(s) Name: James Barnett
Print name of owner(s)
Owner Information:
Owner(s) Name: Sean Averill.
Print name of owner(s)
Owner Information:
Owner(s) Name:.Craig Denman
Print name of owner(s)
Owner Information:
Owner(s) Name: Adam Mills
Print name of owner(s)
Owner Information:
Owner(s) Name: Matt Fritter
Print name of owner(s)
a&
Jame-. Barnett (Feb 7,2025 13:17 M$Tr
Signature of all owners of record
Ei
Sean Averill (Feb 11, 2025 13:00 MST:
Signature of all owners of record
Crafg Den '�'n jFeb 11, 2025 1631 MS� -
Signature of all owners of record
1W, p, , —1, �1410- 2, 2 025 2 0:09 ;tS T)
Signature of all owners of record
Matt Fritter �Feb 13, 2025 02:03 EST)
Signature of all owners of record
Timberwolf Ridge
Final Audit Report
MFE Form - 2 Lot Subdivision
Created: 2025-02-07
By: Ashley Scully (ascully@wgmgroup.00m)
Status: Signed
Transaction ID: CBJCHBCAABAAdLhyBYqREBS1..G20cM-UlNagxyUe4WBZ
2025-02-13
"Timberwolf Ridge MFE Form - 2 Lot Subdivision" History
Document created by Ashley Scully (ascully@wgmgroup.com)
2025-02-07 - 8:12:42 PM GMT
Document emalled to jamesbarnett360@gmail.com for signature
2025-02-07 - 8:15:32 PM GMT
Email viewed by jamesbarneft360@gmaii.com
2025-02-07 - 8:16:45 PM GMT
&9 Signer iamesbarneft360@gmail.com entered name at signing as James Barnett
2025-02-07 - 8.,17:24 PM GMT
&0 Document e-signed by James Barnett aamesbarneft360@gmall.com)
Signature Date: 2025-02-07 - 8:17:26 PM GMT - Time Source: server
Document emailed to sean@purewestmt.com for signature
2025-02-07 - 8:17:28 PM GMT
Email viewed by sean@purewestmt.com
2025-02-11 - 8:00:31 PM GMT
&0 Signer sean@purewestmt.com entered name at signing as Sean Averill
2025-02-11 - 8:00:53 PM GMT
(�q Document e-signed by Sean Averill (sean@purewestmt.com)
S gnature Date: 2025-02-11 - 8:00:55 PM GMT - Time Source: server
Document emailed to craig@denmanconstruction.com for signature
2025-02-11 - 8:00:57 PM GMT
Email viewed by craig@denmanconstruction.com
2025-02-12 - 11:31:13 PM GMT
Adobe Acrobat Sign
&0 Signer craig@denmanconstruction.com entered name at signing as Craig Denman
2025-02-12 - 1 Ui:34 PM GMT
Document e-signed by Craig Denman (craig@denmanconstruction.com)
Signature Date: 2025-02-12 - 11:31:36 PM GMT - Time Source: server
P',-, Document emailed to amills@amresmanagement.com for signature
2025-02-12 - 11:31:38 PM GMT
Email viewed by amills@amresmanagement.com
2025-02-13 - 3:08:05 AM GMT
&o Signer amills@amresmanagement.com entered name at signing as Adam Mills
2025-02-13 - 3:09:07 AM GMT
Document e-signed by Adam Mills (amills@amresmanagement.com)
Signature Date: 2025-02-13 - 3:09:09 AM GMT - Time Source: server
P, Document ernailed to Matt Fritter (mfritter@amresmanagement.com) for signature
2025-02-13 - 3:09:11 AM GMT
nL Email viewed by Matt Fritter (mfrifter@amresmanagement.com)
2025-02-13 - 7:03:20 AM GMT
Document e-signed by Matt Fritter (mfrifter@amresmanagement.com)
Signature Date: 2025-02-13 - 7:03:43 AM GMT - Time Source: server
Agreement completed.
2025-02-13 - 7:03:43 AM GMT
a Adobe Acrobat Sign
CITY OF
KALISPELL
March 11, 2025
Mike Brodie, PE
Senior Project Engineer
431 Is' Avenue W
Kalispell, MT 59901
Re: Final Plat Conditions for Timberwolf Ridge
Dear Mr. Brodie,
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 6119. The
following conditions require Public Works approval and appear to be applicable to the Final Plat
of Phases I of the Timberwolf Ridge Subdivision.
Condition 6: "The developer shall submit to the Kalispell Public Works Departmentfor review
and approval a storm water report and an engineered drainage plan that meets the requirements of the
current city standardsfor design andconstruction. P�JortoFiha/Pla, acert#icafionshaffbesubmiffedfo
thepublic works deparimentstaling the d-aff 7ageplanfor the subdivision hm been ffN1a(1edcNdUsignedatd
cipprowd "
The stormwater infrastructure will be reviewed and approved by the public works
department. A bond is in place for the work that must be completed to satisfy this
requirement.
Condition 6 of the preliminary plat conditions shall hereby be considered satisfied.
201 1 It Avenue E Phone (406)758-7720
PO BOX 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 1 www.kaliTell.co
Condition 7: "Any storm waterponds shall be designed in a way that they become a visual
interest to the development. Chain linkfencing surrounding ponds as the dominanifixture shall
not be allowed without mitigation. The developer shall work closely with the Parks Department
and Public Works to develop a design that is both visually appealing and meets the required
safety guidelines. It is intended that when the project is developed the ponds will act asfeatures,
particularly along the roadways, rather than a private maintenance utilityfacility. "
The stormwater infrastructure will be reviewed and approved by the public works
department. A bond is in place for the work that must be completed to satisfy this
requirement.
Condition 7 of the preliminary plat conditions shall hereby be considered satisfied.
Condition8: "The developer shallsubmit to theKalispelIPublic Works Departmempriorto
construction an erosion1sediment controlplanfor review and approval and a copy ofall
documents submitted to Montana Department ofEnvironmental Qualityfor the General Permit
for Storm Water Discharge Associated with Construction Activities. "
A construction stormwater permit will be required prior to the commencement of
construction. With no construction underway, this is not currently required.
Condition 8 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 9: The developer shall submit water and sanitary sewer plans, applicable
specifications, and design reports to the Kalispell Public Works Department and Montana
Department ofEnvironmental Qualityfor concurrent review, with approval ofboth required
prior to construction.
There is currently water and sewer available to this site within the adjoining roadways.
Condition 9 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 10: "New inftastructure required to serve IhepqxYVshFbe designed and constructed
in accordance with the City ofKalispell's Standardsfor Design and Construction. Alldesign work
shall be reviewed and approved in writing by the Kalispell Public Works Department prior to
construction. "
A bond is in place for the construction of the required improvements. The improvements
will be reviewed and approved by the Public Works Department prior to construction
commencing.
Condition 10 of the preliminary plat conditions shall hereby be considered satisfied.
Page 2 of 5
Condition1l: "Water and sewer main extensions shall be designed and constructed in
accordance with the City ofKalispell's Standardsfor Design and Construction and in
compliance with the city's facilities update and extension ofservices plans. The water and sewer
main extension plans shall be reviewed and approved by the Kalispell Public Works Department.
Prior tofinalplat, 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 will be reviewed and approved by the public works
department. A bond is in place for the work that must be completed to satisfy this
requirement..
Condition 11 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 12: -Any water rights associated with theproperty shall be transferred to the City of
Kalispell. Ae water rights shall beallocatedproportionallyforeachphase ofthe developmentprior
to final plat. "
Water rights are in the process of being transferred to the City. Paper work has been filed
and the fees paid with DNRC.
Condition 12 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 14: -The developer shall submit the street design to the Kalispell Public Works
Department for review and approval prior to construction. Street designs shall meet the city
standardsfor design and construction. "
A bond is in place for the construction of the required improvements. The improvements
will be reviewed and approved by the Public Works Department prior to construction
commencing.
Condition 14 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 15: -Stillwater Road is designated as a minor arterial and Timberwo�fParkway as a
minor collector in the Transportation Plan. Both roads shall be upgraded to that standard along
the property' s ftontage including, but not necessarily limited to curbl gutter, landscape
boulevard, sidewalk-, and streellights. The right- of -way currently owned by the developer shall
be dedicated to the city. A dedication of additional road right- of -way may be required to
accommodate the road classification and improvements.
A bond is in place for the construction of the required improvements. The improvements
will be reviewed and approved by the Public Works Department prior to construction
commencing.
Condition 15 of the preliminary plat conditions shall hereby be considered satisfied.
Page 3 of 5
Condition 16: -Prior tofinalplat, all mitigation recommendedas part ofthe approved traffic impact
study shall be completed All improvements shall be reviewed and approved by the Public Works
Department. Per the city Standardsfor Design and Construction, the development shall maintain or
improve the existing level of service for the affected roadways rather than simply maintaining an
acceptable level of service. Improvements necessary to maintain the existing level of service will be
required
This item will be reviewed with the design of the improvements for this project.
Condition 16 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 17: -Required mitigation related to the Traffic Impact Study would include( a)
making the Four Mile Drivel Stillwater Road intersection afour- way stop; and( b) adding a
westbound right turn lane in Timberwo�fParkway is also required at the intersection with
Stillwater Road.
The Four Mile Drive/Stillwater Road Intersection must be converted to a 4-way stop as
part of this project. A bond is in place to complete this work.
Condition 17 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 2 1: -Prior to final plat, a letter ftom the Kalispell Public Works Department shall be
submitted stating that all new inftastructure 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 bond is in place to complete the construction work to meet the requirements of Final
Plat.
Condition 21 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 22: -All existing andproposed easements shall be indicated on theface of thefinalplat.
Utility easementsfor city water andsewer shall beprovided to allowfor the logical extension of utilities
from this subdivision to adjoiningproperties. A letterfrom the Kalispell Public Works Department shall be
obtainedstating that the required easements are being shown on thefinal plat.
The easements noted in the Final Plat are acceptable at this time. Future development on
this property might require modifications to the proposed easements.
Condition 22 of the preliminary plat conditions shall hereby be considered satisfied.
Page 4 of 5
Condition 33: All utilities shall be installed underground and in locations that are approved by the
Kalispell Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
The proposed plans will be reviewed for compliance with the City of Kalispell's
standards. A bond is in place to construct these improvements.
Condition 33 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
-W10ft1*4446
CITY OF
KALISPELL
March 27, 2025
Development Services
Attn: PJ Sorensen
P.O. Box 1997
Kalispell, MT 59901
Phone: (406) 758-7940
Re: Timberwolf Ridge
Dear PJ:
Kalispell Parks & Recreation
15 Depot Park P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7849 Fax (406) 758-7719
This letter is to serve as a conditional approval of the proposed landscaping plan for the boulevards in
Timberwolf Ridge, per designs submitted by WGM.
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 Timberwolf Ridge. 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 V4" 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 about proper planting protocols and submit a planting permit. Mineral mulch in the
boulevards and adjacent to the public way is not permitted. 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. This approval does not relieve them from
designing, nor the contractor from constructing this project in accordance with city standards. Any
deviation from City of Kalispell standards or approved plans, shall be submitted for review and approval
prior to installation.
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.
This letter only serves as approval for the boulevards/right-of-way. Landscaping and recreational
amenities associated with the Affinity project will be reviewed and approved separately.
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
Plione ' (406) 758-7760
FAX: (406) 758-7777
Re: Timberwolf Ridge - Final Plat Phase I approval from Fire Dept. March 18, 2025
Upon review of the f inal plat f or Timberwolf Ridge Phase 1, (Stillwater Road and Timberwolf
Parkway)the Fire Department has no concerns with accesses, water supplies and such for this final
plat. The Fire Department will work closely with the developers on accesses to the structures and
locations of hydrants.
Daniel Pearce
Fire Chief
City of Kalispell
"Pt-olectitig otty- cointrumity with the highest level ofpy-ofessiotialism "
Josh Goudge
From: Golie, Lawrence A - Clinton, MT <Lawrence.A.Golie@usps.gov>
Sent: Wednesday, January 22, 2025 4:17 PM
To: Josh Goudge
Subject: RE: [EXTERNAL] RE: Affinity at Kalispell - Post Master Introduction & Interior Mail Room
Forthe purposes of approvalthe Mailroom will have the Parcel lockers and Mail slots forthis development on 605
Stillwater Rd Katispett, MT 59901.
This is approval of the design and a letter will follow butthis approval can be used for #24forfinal. plat.
Larry A. Go lie
Postmaster
SCIF 599-598 OPS
New Growth
Kalispell/Missoula
20455 W. M u I.I.an Rd
Clinton, MT59825-9998
W— 406-825-4848
C— 406-210-0414
iiw--q UNITED STATES
MiW POSTAL SERVICE
IR
I US Postal Service I
NG
"Efficiency is doing things right, Effectiveness is doing the right things. " - Peter Druche
From: Josh Goudge <josh.goudge@inlandconstruction.com>
Sent: Wednesday, January 22, 2025 4:20 PM
To: Golie, Lawrence A - Clinton, MT <Lawrence.A.Golie@usps.gov>
Cc: 'paulgoss@cushingterrell.com' <paulgoss@cushingterrell.com>; 'Mike Brodie' <mbrodie@wgmgroup.com>; Matt
Belles <matt.belles@inlandconstruction.com>; Robert Ketner <robertk@inlandconstruction.com>
Subject: [EXTERNAL] RE: Affinity at Kalispell - Post Master Introduction & Interior Mail Room
CAUTION: This email originated from outside USPS. STOP and CONSIDER before responding, clicking on links, or
opening attachments.
La rry,
Haven't seen a nythingfrom you in a month or so, I will try to call to touch base.
My immediate need (as of today) is a letter confirming our phone conversation on December 2 01h, that you are OK
with the interior mailroom location we discussed. This is per this City of Ka [is pelt condition for our fina I plat
application:
2 4. Prior -c- f li -,c the ;i p -at. a letter from --e US Pcstal Seivice s -all be inc udeed stating the Seivice
has revie-,�,-ec and a3ofoved of the clesign and locatic- of the �-,-ail celivei-v s te. The n-ail deliver..,
s te s-all be installed or !:)--)nclec f--)i- pric- -o final pla- I-- ---,Jdit --)n. -he mail delivery site anc
i,i-,pro--,,en-en1s shall also oe includec in -he prelin- nar� a--.d final eng neering plans to Le eviev-.-ed
L y t h e PuLl -- '-;',,crks Deoailm e n t. --, e mai del --,,erY si-e shall n--)t i �-,pa--- a side -,,,--al � or prcposed
L c.,. I eva,c a re a.
o n
How soon could we get this letter from you? Need anything else from us?
Thankyou sir.
Josh Goudge � Inland Group
From: Josh Goudge
Sent: Wednesday, January 8, 2025 2:50 PM
To:'Lawrence.A.Golie@usps.gov'<Lawrence.A.Golie@usps.gov>
Cc: pauigoss@cushingtetteii.con
Subject: RE: Affinity at Kalispell - Post Master Introduction & Interior Mail Room
La rry,
Following up to ensure you received my email below?
Also had a question — does the post office assign addresses once the final plat is complete, or is that assigned by
City of Kalispell?
Thankyou,
Josh Goudge I Inland Group
Developm e nt Mana
From: Josh Goudge
Sent: Friday, December 20, 2024 2:07 PM
To: .— - � - Golie@usps.go
Cc: paulgoss@cushingterrell.corr
Subject: Affinity at Kalispell - Post Master Introduction & Interior Mail Room
La rry,
Thanks again for taking my call this morning. Writing to follow up with an introduction to our project and our
interior mail room. (reason for my call)
Project Name: Affinity at Kalispell
Unit Count: 170
Project Location: 605 Stillwater Road, Kalispell Montana
Documents Attached:
Preliminary site plan
Preliminary first floor plan, showing mailroom location
Architect: Paul Goss, CTA is copied.
Status/Timing: Construction start, Q2 2025. 16 to 18 month build.
Just let us know what else you need.
Thankyou,
Josh Goudge I Inland Group
Developmeni Manager
mobile: 509.999.2872
This email has been scanned for spam and viruses by Proofpoint Essentials. Click to report this
email as spam.
After recording, return to:
Johnna Preble, City Attorney
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
QUITCLAIM DEED TRANSFERRING PROPORTIONATE INTEREST IN
WATER RIGHTS
FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the
undersigned, James Barnett, Sean Averill, Craig Denman, Adam Mills, and Matt Fritter, as
tenants in common whose mailing address is 3821 Lower Valley Rd Kalispell MT 59901, as
Grantor, hereby grants to The City of Kalispell, whose mailing address is 201 First Avenue East,
Kalispell, MT 59901, as Grantee, the following described water rights attached to Parcel A of
Certificate of Survey 16743, located in the SWI/4 of the NWI/4 of the SWI/4 Section 36 T.29
N., R. 22 W., P.M.,M. City of Kalispell, Flathead County, Montana.
Those certain water rights described as:
The interest held by James Barnett, Sean Averill, Craig Denman, Adam Mills, and Matt
Fritter in the State of Montana Department of Natural Resources Statement of Claim
76LJ 148692-00, specific to the property contained in the Timberwolf Ridge Preliminary
Plat set forth in City of Kalispell Resolution 6119, said property being the 20. 10 acres
more particularly described as Parcel A of COS 16743, located in the SWI/4 of the
NWI/4 of the SWI/4 Section 36 T.29 N., R. 22 W., P.M.,M.
2. The interest held by James Barnett, Sean Averill, Craig Denman, Adam Mills, and Matt
Fritter, as tenants in common in the State of Montana Department of Natural Resources
Statement of Claim 76LJ 148702-00, specific to the property contained in the
Timberwolf Ridge Preliminary Plat set forth in City of Kalispell Resolution 6119, said
property being the 20. 10 acres more particularly described as Parcel A of COS 16743,
located in the SWI/4 of the NW1/4 of the SWI/4 of Section 36 T.29 N., R. 22 W.,
P.M.M.
I of 4
The parties recognize that the Statements of Claim and Provisional Permit are subject to
the Montana Water Court Adjudication and there is no guarantee the acreage, flow rate, priority
date or other elements will remain the same as they appear on the current abstracts. Together
with all easements or other rights that may be appurtenant to or associated with the foregoing
water rights, to have and to hold unto the Grantee, and to the Grantee's successors and assigns,
forever.
DATED: 20 2-�
,L.'( N N q KAREN LYNN BENSON
Notary Public for the
N otarial State of Montana
Seal Residing at KALISPELL, MT
My Commission Expires
November- 15, 2025
STATE OF MCI q4O-r)0,
County of P I ck+�-e,�-d
)SS:
James Bar tt
By:77,�/-4
bWder-
This instrument was acknowledged before me on 2onuarX -�l 20 2- b , by
as (> W ne r
DATED: I-ALk-q3 �20 ? 5
STATE OFO'k�-� )
)SS:
County of )
J,-VV1 L, 5 7f)� �- r) Q �+
PrintName: Ko-rp-(\
Notary Public for the Stat� of 0,1�
Residing at Ko- �,5 t
My Commission expires NovernbiY- )5 —,202-5.
Sean Averill
By:
Owner
This instrument was acknowledged before me on " ��20 by
as
Wlt,, CRYSTAL MARIE KRAUSE Print Name: AA,0,,�
1A NOTARY PUSUC for the Notary Public for -the 9tate of
SEAL State of Montana
na
Re"ag at Kallispeff, Monta ] Residing at
OFM My Commission Expires My Commission expires -,20
August 05, 2025
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The parties recognize that the Statements of Claim and Provisional Permit are subject to the
Montana Water Court Adjudication and there is no guarantee the acreage, flow rate, priority date
or other elements will remain the same as they appear on the current abstracts. Together with all
easements or other rights that may be appurtenant to or associated with the foregoing water
rights, to have and to hold unto the Grantee, and to the Grantee's successors and assigns, forever.
DATED: �, 1 2 0 Z-�
011N,9 KAREN LYNN BENSON
Notary Public for the
State of Montana
No ri
I Residing at KALISPELL, MT
My Commission Expires
November 15, 2025
—.J
STATE OF ('Vkoy-&Olc�,
County of )SS:
Adam Mills
By:_
Owner
This instrument was acknowledged before me on 1 T'20 by
Ada vvl
as 0 L,,3 y�,e
DATED: �-� 11-3 20,,�',.,-)
STATE OF _)
County of F I c(+' )SS:
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Z
PrintName: KAtl Lj�e�
Notary Public for the State of N(oritcl,niq
Residing at Li 1.115 i \
My Commission expi�es
Craig Denman
By:
Owner
This instrument was acknowledged before me on 1.3,20 )�5, by Crei,:�
as 0 �/- J
r /
ZV a
Print Name: A (—,�J A r\ !L, il
KAREN LYNN BENSON
Notary Public for the Notary Public for the State 6f VVloo7�Lnc\
State of Montana Residing at
0 nal -* '�
I R
Residing at KALISPELL, MT
My Commission expires NcV-eKtb&r h 120,-6
My Commission Expires
November 15, 2025
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The parties recognize that the Statements of Claim and Provisional Permit are subject to the
Montana Water Court Adjudication and there is no guarantee the acreage, flow rate, priority date
or other elements will remain the same as they appear on the current abstracts. Together with all
easements or other rights that may be appurtenant to or associated with the foregoing water
rights, to have and to hold unto the Grantee, and to the Grantee's successors and assigns, forever.
DATEDA4 // 200
Matt Fritter
By:
Owner
STATE OF
)SS:
County of 14"kaw _)
This instrument was acknowledged before me on It 20 2f , by A4fll- rer-44/
as
Print Name: kkigs C "Ic r0*4
Notary Public for the'State of — 14SL
Residing at 51J$ RV &"J&. lo
My Commission expires ken 20 '3*2.
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14-
NO
PUBLIC
My Comm. Exp.
-7
A Aug 3,2032
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