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Staff Report/Final PlatREPORT TO: Kalispell Mayor and City Council FROM40 Sean Conrad, Senior Planner Jane Howington, City Manager SUBJECT Final Plat for Ashley heights SETING DATE: December 21, 2009 BACKGROUND: This is a request for final plat approval of the Ashley Heights Subdivision. The subdivision consists of 26 single-family lots and one 7,259 square foot homeowner's parr on approximately 5.4 acres. The subdivision is located at the western end of Bismarck Street and is bordered on the north. by Sunnyside Drive and on the west by the future highway 93 Bypass. The property can be described as a portion of Tract 10 lying within Government Lot 1 in the NW '/4 of the .NST 1/4 of Section 19, Township 25 North, Range 21 West, P.M.M. , Flathead County, Montana. The subdivision was given preliminary plat approval by the Kalispell City Council on August 6, 2007, subject to 29 conditions. All of the conditions have been met for the final plat with the developer requesting to bond for construction of a soundwall, landscaping and minor excavation work. A Subdivision Improvements Agreement (SIA) is included with the final plat request with a Letter for Credit in the amount of $149,000 (125% of actual construction estimates) . The improvements are to be completed by August 15, 2010. RECO MMNDATION4, A motion to approve the final plat for Ashley Heights Subdivision and accept the subdivision improvement agreement would be in order. FISCAL EFFEC'T'S: Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, �z Sean Conrad Jane Ilowington Senior Planner City Manager Report compiled: December 15, 2009 Attachments: Letter of transmittal Final plat application and supporting documents Return to: Theresa white Kalispell City Clerk P.O. Box 1997 Kalispell, IMT 59903 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 20091 by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and ASHLEY HEIGHTS, LLC. , (Name of Developer) a LIMITED LIABILITY CORPORATION , (Individual, Company or Corporation) located at 3340 HWY 2 WEST IALISPELL T. 59901 , (Street Address/P. D. Box.) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. CI►111-iQ 014p THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as ASHLEY HEIGHTS , (Name of Subdivision) located at A TRACT OF LAND SITUATED LYING AND BEING IN GOVERNMENT LOT 1 LOCATED IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATEHEAD COUNTY, MONTANA. , (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of ASHELY HEIGH'T`S, upon the conditions as set forth (Name of Subdivision)in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sura of $ 117 505,42 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: . 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 $ 146,885.53 Said Letter of Credit or other collateral shall have an expiration date of at least sixty (64) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 146,885.53 the estimated cost of (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by August 15 , 2010 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) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed ,with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, To -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Inprovement 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 i HERIEOF, the Parties have hereunto set their hands and seals the day and year herein. before written. ASIMEY HEIGHTS I ASHLEY HEIGHTS LLC. (Name of Subdivision/Developer/Firm) by (Title) �--� STATE OF MONTANA COUNTY OF On this 2A'5-�--day of , 20 ,before me, a Notary Public for the State of Montana, personally appeared , known to me to be the of ,whose name is subscribed to the foregoin instrument and acknowledged me tha /she executed the same. MAYOR CITY CLERK EXHIBIT "B" CERTIFICATION OF 'WORK TO BE COMPLETED ASHLEY HEIGHTS 11/17/2008 WATER SYSTEM Item No. Description SUBDIVISION ROADS & DVERLDT GRADE Estimated Quantity Completed To Date November 17, 2008 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price Quantity Completed Total Cost Completed 101 Excavation / Subgrade Prep C.Y. 2,725 $7.00 $19,075.00 2,000 $140000.00 102 Stabilization Fabric S.Y. 50175 $1.19 $6,158.25 5,175 $6,158.25 103 Select Subbase C.Y. 1,294 $12.04 $15$79.76 1,294 $15,579.76 104 3/4" Crushed Gravel C.Y. 862 $16.20 $13,964.40 862 $13,964.40 105 4" Ashpaltic Cement S.Y. 4,220 $10.94 $461166.80 4,220 $460166.80 106 Curb & Gutter L.F. 20741 $7.59 $20,804.19 2,741 $20,804.19 107 5' x 4" Concrete Sidewalks f Gravel S.F. 13,585 $4.00 $54$40.00 13,585 $54,340.00 .::SUBTOTAL ITEMS 101 -107 $8,050.00 409 Soundwall $176,088.10 1.00 $171,013.40 WATER SYSTEM Item No. Description Unit Measure Estimated Quantity Unit Price Total Price Quantity Completed Total Cost Com leted 20'1 8" Water Whin L.F. 1$33 $17.55 $23,394.1 1,333 $23,394.15 202 8" Gate Valves & Boxes E.A. 2 $1,248.91 $2,497.82 2 $20497.82 203 Fire Hydrants w/ Tee, Pipe, Aux. Valve & Box E.A. 4 $3,500.04 $14,000.00 4 $14,000.00 204 Water Services E.A. 26 $479.31 $12,462.06 26 $12,462.06 205 Connect to Existing Main E.A. 1 1 $414.99 $414.99 1 $414.99 406 SUBTOTAL ITEMS 201 - 205 1 1.00 1 $52,769.02 100% $52,769.02 SEWER SYSTEM Item No. Description Unit Measure Estimated Quantity Unit Price Total Pace Quantity Completed Total Cost Completed 301 8" Sewer Main L.F. 1,132 $25.27 $28,605.64 1032 $28,605.64 302 Sewer Lift Station & Force Main L.F. 1 $31061.00 $31,161.00 100% $31,161.00 303 4' Diam. Manholes wl Ring & Cover E.A. 5 $1,644.17 $8,220.85 5 $8,220.85 304 4"' Sch. 40 PVC Sewer Services E.A. 26 $568.36 $14,777.36 26 $14,777.36 305 Connect to existing E.A. 1 $916.07 $916.07 1 $916.07 406 SUBTOTAL ITEMS 301 _ 305 L.S. 1.00 t $83,680.92 T 100% $83,680.92 DRAINAGE & MISCELLANEOUS WORK Item No. Description Unit Measure Estimated Quantity Unit Price Total Price Quantity Completed Total Cost Completed 401 Storm Drainage Facility EA. 1 $28,698.94 $28,698.94 1 $28,698.94 402 Erosion Control LS. 1 $3,700.00 $3,700.00 0.75 $2,775.00 403 Mail Boxes Bases Vii/ Gravel EA. 2 $1,125.98 $2,251.96 2 $2,251.96 404 CBU Mailboxes EA. 2 $1,468.74 $2,937.48 2 $2,937.48 405 Traffic Control L.S. 1.00 $3,697.90 $31697.90 100% $37697.90 406 Mobilization L.S. 1.00 $14,000.00 $14,000.00 100% $14,000.00 407 Construction Surveying L.S. 1.00 $27,000.00 $27,000.00 100% $27,000.00 408 Landscaping/ Bike Path L.S. 1.00 $40,250.00 $40,250.00 20% $8,050.00 409 Soundwall L.S. 1.00 $86,490.17 $86,490.17 11% $9,350.00 410 Swale next to Soundwall L.F. 950.00 $0.79 $750.00 0% $0.00 410 Signage L.S. 1.00 $870.72 $870.72 100% $870.72 SUBTOTAL ITEMS 401 - 410 1 1 1 $210,647J7___j $99,632.00 Total Project 538,747.96 Total Construction Completed to Date SERVICE COSTS, FEES, ENGINEERING & SURVEYING $422,656.99 Item No. Description UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS Completed To Date November 17, 2008 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price Quantity Total Cost Completed Completed 501 Single Phase Vaults EA 4 $ 690.19 $2,760.76 4 $2,760.76 502 Light Pole Bases FEC EA 5 $ 517.17 $2$85.85 5 $2,585.85 503 Trenching and Conduit LF 1 $ 9100.00 $9,100.00 1 $9,100.00 504 Secondary Pedestals EA 12 $ 92.92 $10115.04 12 $1,115.04 E- SUBTOTAL ITEMS 501-504 SUBTOTAL ITEMS 609 - 604 $15,561.65 $15,561.65 Total Project 538,747.96 Total Construction Completed to Date SERVICE COSTS, FEES, ENGINEERING & SURVEYING $422,656.99 Item No. Description Unit Measure Estimated Quanti Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 601 Flathead Electric L.S. 1 $ 44,502.00 $ 44,502.00 100% $44,502.00 602 Northwest Eneqly L.S. 1 $ 18,604.00 $ 18,604.00 100% $18,604.00 603 Engineering L.S. 1 $ 59,000.00 $ 59,000.00 100% $59,000.00 604 Construction Management L.S. 1 $ 9,455.00 $ 9,455.00 85% $81036.75 SUBTOTAL ITEMS 609 - 604 $ 131 561.00 $130,142.75 TOTAL PROJECT BUDGET TOTAL ESTIMATED COST OF CONSTRUCTION AMOUNT COMPLETED PRIOR TO BONDING AMOUNT OF REMAINING WORK PRIOR TO BONDING AMOUNT OF BOND (125% OF REMAINING WORK) AMOUNT OF WORK COMPLETED TO DATE PERCENTAGE OF WORK COMPLETED TO DATE AMOUNT OF WORK REMAINING ORIGINAL BOND AMOUNT AMOUNT OF BOND TO BE RETAINED (125°/ OF REMAINING WORK) BOND AMOUNT TO BE RELEASED AMOUNT PREVIOUSLY RELEASED AMOUNT TO BE RELEASED AT THIS TIME AS PROJECT ENGINEER FOR THE ASHLEY HEIGHTS SUBDIVISION, I CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES 1S ESTIMATED TO BE: SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $0.00 $670,308.16 $552,799.74 $ 670,308.16 $ 552,799.74 $ 117,508.42 $ 146,885.53 $ 552,799.74 82% $ 117,508.42 $ 146,885.53 $ 146,885.53 $0.00 $0.00 $0.00 $ 5521799.74 $ 1170508.42 $ 1461885.53 BRETT WALCHECK, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: 811512010 October 21, 2009 Irrevocable Letter of Credit No. 137 Ashley Heights, LLC 3340 Hwy 2 west Kalispell, MT 59901 City of Kalispell 312 1 " Avenue East Kalispell, MT 59901 We hereby establish this irrevocable Letter of Credit in your favor for one or more drawings up to United States, $149,000.00. This Letter of Credit is payable at the west One Bank office at 2604 Hwy 2 East, Kalispell, MT 59941, and expires with our close of business on November 16, 2010. Each draft so drawn must be marked "Drawn under west One Bank, 2604 Hwy 2 East, Kalispell, MT 59901, Letter of Credit #137 and accompanied by signed statements of the Kalispell City Attorney that Ashley Heights, LLC has failed to honor there contractual agreement with the City of Kalispell. This letter of credit shall reduce proportionally with the landscaping, bike paths and sound wall as they are completed on Ashley Heights. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored if drawn and presented for payment to our office, west One Bank, 222 W. Idaho, Kalispell, MT 59901. West One Bank is insured by the FDIC under Certificate #57534. Sincerely, Print Name-. Rod Leese Its: President f2r 222 W. IDAHO e PO. BOX 7758 * KALISPELL, MT 59904-0758 Member LENDER . e www.westonebank.com FDIC December 15, 2009 Jane Howington, City Manager City of Kalispell 201 1st Avenue East Kalispell, MT 59901 Re: Final Plat for Ashley Heights Dear Jane: This is a request for final plat approval of the Ashley Heights Subdivision. The subdivision consists of 26 single-family lots and one 7,259 square foot homeowner's park on approximately 5.4 acres. The subdivision is located at the western end of Bismarck Street and is bordered on the north by Sunnyside Drive and on the west by the future Highway 95 Bypass. The property can be described as a portion. of Tract 10 lying within Government Lot 1 in the NW 1I4 of the NW 1/4 of Section 19, Township 28 North, Range 21 West, P.M. M., Flathead County, Montana. The subdivision was given preliminary plat approval by the Kalispell City Council on August 6, 2007, subject to 29 conditions. All of the conditions have been met for the final plat with the developer requesting to bond for construction of a sound wall, landscaping and minor excavation work. A Subdivision Improvements Agreement (SIA) is included with the final plat request with. a Letter for credit in the amount of $149,000 (125% of actual construction estimates) . The improvements are to be completed by August 15, 2010. The preliminary plat was approved with conditions as outlined below. The following is a discussion of compliance with each of these conditions as well as findings of compliance with the city subdivision regulations and zoning ordinance. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1, That the development of the site shall be in substantial compliance with the application submitted, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision. Regulations, Appendix C - Final Plat) o This condition is met. The subdivision has been platted in compliance with the approved preliminary plat. Condition No. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). ® This condition is met. The subdivision expires on. August 6, 2010 and the final plat application has been submitted before this date. Condition No. 3. Prior to excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from. the Kalispell Public warps Department. In accordance with. Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention. Plan (SWPPP). At the time of final plata the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact Section C) This condition is met. A city stormrwater management permit was issued for the subdivision as well as an NOI and SwPPP by the Montana Department of Environmental Quality. Prior to finalplat: Condition No. 4. A noise study shall be completed prior to the final plat approval. The noise study shall show how a noise level of 60 dBA at the western property boundary of the subdivision can be achieved. The proposed mitigation measures contained in the noise study shall be reviewed and approved by city staff and implemented prior to final plat approval. Dote: This condition may result in the loss of one or more of the proposed lots shown on the preliminary plat. Reasonable bile and pedestrian access shall be provided from the subdivision site to the bike path located along the future highway bypass and not be impaired by sound mitigation measures chosen. (Findings of Fact Section A) This condition is met. A study by Big Sky Acoustics, LLC was submitted which requires the construction of a sound wall along the western boundary of the subdivision to mitigate future highway noise down to a level of 60 dBA at the western property boundary of the subdivision. A site plan submitted with the final plat application titled "Overlot Grading" identifies the height of the sound wall along the western subdivision boundary. The sound wall will vary from 8 feet to 10 feet in height and, based on the information submitted by the developer, will be built out of the same material as the sound wall being constructed by the Montana Department of Transportation south of the subdivision site. Condition No. 5. A letter from the Montana Department of Transportation shall be provided stating that the bypass right-of-way shown on the preliminary plat is adequate for the construction of the future highway bypass. 2 Note: The location of the highway bypass right -of -moray may effect the western boundary line of the proposed subdivision, which may in turn effect the number of proposed lots. (Findings of Fact section D) ® This condition is met. A letter from.. Douglas Moeller, Missoula District Administrator, of the Montana Department of Transportation dated March 20, 2009 confirms that the subdivision property line shown on the final plat is adequate for future construction of the Kalispell Bypass. Condition No. 6. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public works standards and shall be certified in writing by an engineer licensed in the state of Montana. The new infrastructure includes the internal access roadway serving the lots within the subdivision and the approximately 110 feet of frontage along Sunnyside Drive. All design work shall be reviewed and approved in writing by the Kalispell Public works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell Design. and Construction standards, project proposal) This condition is met. A letter from. Frank Castles, Assistant City Engineer, dated October 17, 2007 approved the construction plans for water, sewer and drainage facilities. Condition No. 7. water and sewer main extensions shall be designed and constructed in accordance with. the City of Kalispell's Standards for Design and Construction and Montana Public works Standards. 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 as designed and approved. (Kalispell Design and Construction Standards) * This condition is met. A letter from Frank Castles, Assistant City Engineer, dated October 17, 2007 approved the construction plans for the water and sewer main extensions. Condition No. 8. The developer shall submit to the Kalispell Public works Department for review and approval, a stormwater 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. (Kalispell Design and Construction Standards) This condition is met. A letter from. Frank Castles, Deputy Public works Director, dated October 17, 2007 approved the construction plans for the engineered drainage system. Condition No. 9. A letter from the Kalispell Public works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) 3 This condition is met. A letter from Frank Castles, Deputy Public Works Director, dated December 1, 2008 accepts the completed improvements except those listed in the Subdivision Improvement Agreement. Condition No. 10. An additional 60 --foot wide public road and utility easement shall be dedicated to the City of Kalispell on the south end of lot 3 from the edge of the road right-of-way of the internal city street east to the eastern boundary of the subdivision site. (Findings of Fact Section D) * This condition is met. The required 60 --foot right-of-way is shown on the final plat. Condition No. 11. An additional 10 -feet of road right-of-way shall be dedicated to the City of Kalispell for the area adjacent to Sunnyside Drive requesting annexation. This length is approximately 780 feet of frontage as shown on the preliminary plat. (Findings of Fact Section D) * This condition is met. Additional land has been acquired by the Montana Department of Transportation for right-of-way on the south side of Sunnyside Drive for an off ramp to serve the future bypass. The final plat also shows the required 10 --feet of right-of-way with a note on the plat dedicating this strip of land to the r City. Condition. No. 12. The developer shall clarify the purpose of the 60 -foot private road and utility easement located on the eastern portion of lot 4 and determine whether lot 4 can legally use the portion of the easement. If lot 4 cannot legally use the easement, they shall either terminate that p6rtion of the easement or otherwise place a barrier fence, minimum of 4 feet high, along the property boundaries of lot 4 within the easement to prohibit use of the easement to access the eastern portion of lot 4. (Findings of Fact Section A) * The developer had the law office of Vincent G. Rieger, P.C. review the validity and scope of the easement and provide comments back to the Planning Department. Lot 4 has the legal right to use the existing easement located on that lot. However, the developer has placed a note on the final plat restricting access to lots 4 and 5 to Blsmark Street. Condition, No. 13. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20) . a. water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. CI f. Roadways between 26 feet to 32 feet gide shall be posted on one side of the road as "no parking fire lane." ® This condition is met. A letter from. F. Ray Ru.ffato, Deputy Fire Marshall, dated September 23, 2008 approves the access and hydrant locations. Condition No. 14. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groun.dcover provided to the Kalispell Parrs and Recreation. Department. (Kalispell Subdivision Regulations, Section 3.11) ® This condition is met. A letter front. Chad Finch.er, Parks Superintendent, dated February 24, 2009, approves the proposed landscaping plan for the street boulevards. The installation of the street trees and boulevard seeding are included in the SIS. for the subdivision. Condition No. 15. A bike/pedestrian right-of-way, 15 -feet wide, shall be shown on the final plat in the area of lots 20 and 21 and within the park area. a. A bike/pedestrian path shall be constructed from the edge of the sidewalks along the internal subdivision road and extend wrest to the western boundary of the subdivision and are ultimately intended to connect to the bike path adjacent to the Highway 93 bypass. b. The bike/pedestrian path shall be a minimum width of 10 feet (asphalt) or 8 - feet (concrete). C. The bike/pedestrian path shall be included in the infrastructure plans reviewed by the Public works Department. (Findings of Fact Section H and Kalispell Subdivision Regulations Section 3.07.D) This condition is met. The bike paths are installed per the approved engineering plans by the Public works Department. Condition. No. 16. The parkland dedication requirements shall be met by a combination of parkland dedication and payment of cash in lieu of parkland equal to 0.71 acres of land.. The parkland shall be a minimum of 0.198 acres (8,624 square feet) in the area shown on the preliminary plat. The remaining 0.512 acres shall be in the form of improvements to the subdivision park such as an irrigation system, grass seeding and tot lot play equipment with any remaining money put into improvements at existing parks in the area. The ultimate improvement design of the parr would be reviewed and approved by the Parks and Recreation Department. The 0.512 acres of cash in lieu payment shall be based on the fair market value of undivided, unimproved land. Note: The bike/ pedestrian path will not count towards the overall parr improvements due to the fact that a bike/pedestrian path is needed in this area of the subdivision to break up the excessively long block length. (Kalispell Subdivision. Regulations, Section 3.19 and Findings of Fact Sections D and H) . 5 This condition is met. The condition required a 8,624 square foot park within the subdivision to be developed with an irrigation system., grass seeding and tot lot play equipment. A smaller park area, approximately 7,289 square feet, is shown on the final plat. within this park area is an enclosed sewer lift station with an associated access and repair easement and subsurface storm grater detention lines. with its smaller size, lift station and storm water facilities, the park area shown could not accommodate the play structure and function as a small pocket park for the subdivision. Therefore, the Parks and recreation Department determined that the park area ceased to be considered a park. The owner was informed and agreed to make a cash in lieu payment for the entire 0.71 acres of required parkland. Two checks totaling $29,826 were submitted with the final plat application for the cash in lieu payment for the 0.71 acres of parkland based on a value of $42,000 an acre. Condition No. 17. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public works Department and the Uniform. Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A. letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision. Regulations, Section. 3.09) This condition is met. A memo from. Fred Zavodny, Kalispell Public works Department, dated January 12, 2009 approves the street name and addressing for the subdivision. Condition No. 18. 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. (Kalispell Subdivision Regulations, Section 3.18) This condition is met. The Public works Department has reviewed and approved the easement shown on the final plat. Condition No. 19. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved 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. (Kalispell subdivision Regulations, Section 3.22) This condition is met. The plan for mail service has been approved by the U.S. Postal service in a letter to the developer dated June 18, 2008. The developer has already purchased the central box units requested by the postai service. The postal service will install the central box units once home construction begins on the lots. Condition No. 20. street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell subdivision Regulations Section 3.09(L)) 0 This condition is met. street lighting has been installed with shielding. Condition No. 21. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person., firin 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 (Kalispell Subdivision Regulations, Section 3.18(E)) 0 This condition is met. The statement appears on the face of the final plat. Condition No. 22. A homeowners association for the subdivision shall be created that includes a provision for the maintenance of the bike paths, stormwa.ter facilities, parkland, noise mitigation (i.e. sound wall or earth berm) and the open space areas within the subdivision. The maintenance provisions in the homeowners association shall include mowing or trimming the grasses within the common area to reduce the fire hazard and spread of noxious weeds. (Findings of Fact Sections A, C, D and H) ® This condition is met. A copy of the Ashley Heights Declaration of Covenants, Conditions, Restrictions and Easements (OCR's) is included with the final plat application. The CCR's for Ashley Heights create a homeowners association and address the required maintenance provisions in this condition. Condition No. 23. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." 0 This condition is met. The statement appears on the face of the final plat. Condition No. 24. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." (Findings of Fact Section D) 9 This condition is met. The statement appears on the face of the final plat. Condition leo. 25. Lot 5 shall be reconfigured to be brought into compliance with section 3.06.G of the subdivision regulations. (Kalispell Subdivision Regulations, section 3.06(G) and Findings of Fact Section I ) This condition is met. The lot has been reconfigured to meet the subdivision regulations. 7 Condition No. 26. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat approval. (Findings of Fact Section A) ® This condition is met. A letter from. Brett walcheck, P.E., of 48 North Civil Engineering Services states that 82% of the necessary infrastructure for the subdivision has been completed. The remaining work is included in the SIA. On,going conditions: Condition No. 27. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) This condition is met. All utilities will be installed underground per the approved plans. Condition No. 28. All areas disturbed during development shall be re --vegetated with a weed --free mix immediately after development. This condition is met. The developer has seeded the property and the approved construction storm water management permit requires reseeding after soil disturbance. Condition leo. 29. A park maintenance district shall be formed incorporating all the lots within. the Ashley Heights subdivision. The park maintenance district shall not be effective until such time as any open space or parrs are accepted by the city in which case the taxies levied within the maintenance district shall be determined by the Parrs and Recreation Department with approvals by the Kalispell City Council. This condition is met. A statement appears on the face of the final plat waiving the right of future lot owners to protest the creation of a park maintenance district for the subdivision. The park district would only be formed and implemented if the park maintenance responsibilities are turned over to the city's parks and recreation department. COMPLL4NCE WITH THE SUBI]IVISION REGULATIONS. This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH TGIF ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-2 zoning for the property. P•l 1 # _ All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Please schedule this matter for the December 21, 2009 regular city council meeting if possible. You may call me at 758-7940 if I can be of assistance to you regarding this matter. Attachments: (2) Cash in lieu of parkland checks totaling $29,826.00 Vicinity map 8s 11 x 17 plat 2 reproducible mylars of sinal plat 1 blueline of final plat Final plat application dated 10/20/09 Final plat cover letter dated 12 / 14 / 09 MDEQ letter dated 8/24/07 Noise study dated 10/31/07 Overlot Grading site plan Letter from MDT dated 3/20/09 Letters from Kalispell Public Works dated 10 / 17 / 07 and 12 / 1/ 08 Letter from the law office of Vincent G. Rieger dated 10/21/09 Letter from the Kalispell Fire Department dated 9/23/08 Letter from Kalispell Parks and Rec. Department dated 2/24/09 Memo from Kalispell Public Works dated 1/ 12/09 Letter from USPS dated 6/18/08 Declaration of Covenants, Conditions, Restrictions and Easements for Ashley Heights dated 1/22/09 Letter from 48 North Engineering dated 11/ 18/08 Subdivision Improvement Agreement West One Bank Irrevocable Letter of Credit No. 137 dated 10/21/09 Letter from MDEQ dated 10 / 24 / 07 First American Title report # 317403 -CT dated 10/ 16/09 Consent to Plat signatures Treasurer's certification dated 10/20/09 c: Theresa White, Kalispell City Clerk Ashley Heights, LLC, 3300 IIvey 2 West, Kalispell, MT 59901 n wJ ASHLEY HEIGHTS, LLC :3399 HWY 2 WEST.. KALISPELL, MT 59901 10.1.3 93-543/929 ]TATE ODER OFE Details on AM 222111!. IDAHO Back. RO. BOX 7758 KALISPELL, MT 59994 .` 4 WEST C]NE BANK 406-755-9781 FOR 0 9 29 0 5 4 301: 60 2 9 18+t' 1013 F'IlVAL PLAT APPLICATION Project /Subdivision Name: Ashley Heights Contact Person,-- Name: erson: Name: Hubert Turner Address: 3300 I3 Nest .Kalispell, MT 59901 Phone No.: 400-257--1052 Date of Preliminary Plat Approval: Au ust 0 2007 Owner & Mailing Address: Ashlev Hei hts LLC 3300 HME 2 west Kalispell, MT 59901 Type of Subdivision: Residential xx Industrial Commercial PUD Other Total Number of Lots in Subdivision 20 Land in Project (acres) _8.432 Parkland (acres) 0.167 No. of Lots by Type: Single Family 20 Townhouse Duplex Apartment Commercial Industrial Condominium Multi -Family Cash -in -Lieu $24,688 y_ Mobile Home Park Recreational vehicle Park Planned Unit Development Other Legal Description of the Property Please See Attached Legal Desci tion FILING FEE ATTACHED $__4050+50 Minor Subdivision with approved preliminary plat Major subdivision with approved preliminary plat Subdivisions with waiver of Preliminary Plat Subdivision Improvements Agreement 1 Exempt $400 + $125/lot $800 + $125/lot $800 + $125/lot $50 Attached Not Applicable (MUST CHECK ONE) x_ Health Department Certification (Original) _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) _x_ Subdivision Improvements Agreement (Attach collateral) _x_ Parkland Cash -in -Lieu (Check attached) _x_ Maintenance Agreement _x_ Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy "The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state homer each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for exa7mple, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 Mays prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk &Recorder requests that all subdivision final pkat applications be accompanied with a digital copy. OwnersOignature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: I . Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights-of-way 5. A tie to either an existing subdivision corner or a corner of the public land survey system. R� December 14, Zoog Sean Conrad, Planner City of Kalispell Planning office 201 1" Avenue East Kalispell, MT 59901 RE: Ashley Heights — Revised Cover Letter Dear Sean: Attached please find the materials required for the review of Ashley Heights final plat. This was granted preliminary plat approval on August 6, 2007 and will expire on August 6, 2010. The following is the list of Conditions of Subdivision Approval and how each Condition was met. General Conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C -- Final Plat). This condition has been met. The development is in substantial compliance with the application submitted. Please refer to the final Plat. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). This condition has been met. The application for final plat is being made with the three year period. 3. Prior to a excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of sinal plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact Section C) This condition has been met. A stormwater management plan, notice of intent (N01), and a stormwater pollution prevention plan (SWPPP) were all submitted and approved by Public works. Suzy Turner at Public works can provide confirmation of this upon request of the planning office. Further, find enclosed a letter from Jamesa L. Dodd at DEQ dated August 24, 2007 accepting the SWPPP and NOL Prior to final plat: 4. A noise study shall be completed prior to the final plat approval. The noise study shad show how a noise level of Go dBA at the western property boundary of the subdivision can be achieved. The proposed mitigation measures contained in the noise study shall be reviewed and approved by city staff and implemented by the developer prior to final plat approval. This condition has been met. A noise study was conducted and submitted to the City of Kalispell. A copy of that study is attached for reference. The mitigation measures required by the study are addressed in the SIA. It is my understanding that this issue was resolved in the meeting that Torn Jentz, You and I had in your office in September. It is my understanding that the Planning office now supports the placement of the wall on an easement, but that it is to be the responsibility of the Ashley Heights Homeowners' Association to maintain the side of the wall that faces the bypass. Language has been added to the HOA documents to reflect this. It is addressed in section 2.10 and section 5.2 of the Declaration of Covenants, Conditions, Restrictions and Easements. The noise wall will be constructed of materials similar to those used in the MIST noise wall to the south. Note: This condition may result in the loss of one or more of the proposed lots shown on the preliminary plat. reasonable bike and pedestrian access shall be provided from the subdivision site to the bike path located along the future highway bypass and not be impaired by sound mitigation measures chosen. (Findings of Fact Section A) 5. A letter from the Montana Department of Transportation shall be provided stating that the bypass right-of-way shown on the preliminary plat is adequate for the construction of the future highway bypass. This condition has been met. Please refer to the enclosed letter from Ray Harbin at the Montana Department of Transportation. On March 9, 2009 your office received the required letter from Doug Moeller, PL of MDT. A copy of that letter is included in the updated submittal. I trust that this letter addresses this issue. Note: The location of the highway bypass right-of-way may affect the western boundary line of the proposed subdivision, which may in turn affect the number of proposed lots. (Findings of Fact Section D) 6. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public works Standards and shall be certified in writing by an engineer licensed in the State of Montana. The new infrastructure includes the internal access roadway serving the lots within the subdivision and the approximately 110 feet of frontage along Sunnyside Drive. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell Design and Construction Standards, project proposal) This condition has been met. Please refer to the approval letters from public works dated October 17, 2007 and December 1, 2008. 7. water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public works Standards. 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 as designed and approved. (Kalispell Design and Construction Standards) This condition has been met. Please refer to the approval letters from public works dated October 17, 2007 and December 1, 2008. S. The developer shall submit to the Kalispell Public works Department for review and approval, a stormwater 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. (Kalispell Design and Construction Standards) This condition has been met. Please refer to the approval letter from public works dated October 17, 2007. 9. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) This condition has been met. Please refer to the letter from public works dated December 1, 2008 10. An additional 60 -foot wide public road and utility easement shall be dedicated to the City of Kalispell on the south end of lot 3 from the edge of the road right-of-way of the internal city street east to the eastern boundary of the subdivision site. (Findings of Fact Section D) This condition has been met. Please refer to the face of the Final Plat. 11. An additional 10 -feet of road right-of-way shall be dedicated to the City of Kalispell for the area adjacent to Sunnyside Drive requesting annexation. This length is approximately 780 feet of frontage as shown on the preliminary plat. (Findings of Fact Section D) This condition has been met. Please refer to the face of the Final Plat. 12. The developer shall clarify the purpose of the 60 -foot private road and utility easement located on the eastern portion of lot 4 and determine whether lot 4 can legally use the portion of the easement. If lot 4 cannot legally use the easement, they shall either terminate that portion of the easement or otherwise place a barrier fence, minimum of 4 feet high, along the property boundaries of lot 4 within the easement to prohibit use of the easement to access the eastern portion of lot 4. (Findings of Fact Section A) This condition has been met. The legality of Lot 4 using the easement in question is impossible to determine without litigation. Therefore, on the face of the final plat a restriction has been placed on Lot 4 stating that it is not permissible for that Lot to use the road easement in question for access. Please refer to the face of the final plat. I have more carefully studied the issue of this easement. I have come to the conclusion that the property that is Ashley Heights does have a legal right to use that easement. Therefore, I am submitting a letter from my attorney Vincent G. Rieger that outlines his legal opinion as to the use of this easement. However, I do not want lots 4 and 5 using that easement as the primary access for their homes so I have chosen to keep a note on the plat restricting its use. 13. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane." This condition has been met. Please refer to the enclosed letter from the Kalispell Fire Department. 14. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11) This condition has been met. Please refer to the enclosed letter dated February 24, 2009 from. the Kalispell Parrs and Recreation Department. The approved landscaping improvements are in the SIA. 15. A bike/pedestrian right-of-way, 15 -feet wide, shall be shown on the final plat in the area of lots 20 and 21 and within the parr area. a. A bike/pedestrian path shall be constructed from the edge of the sidewalks along the internal subdivision road and extend west to the western boundary of the subdivision and are ultimately intended to connect to the bike path adjacent to the Highway 93 bypass. b. The bike/pedestrian path shall be a minimum width of 10 feet (asphalt) or 8 -feet (concrete). c. The bike/pedestrian path shall be included in the infrastructure plans reviewed by the Public Works Department. (Findings of Fact Section H and Kalispell Subdivision Regulations Section 3.07.D) This condition has been met. Please refer to the face of the Final Plat as well as the approval letter from public works dated December 1, 2008. 16. The parkland dedication requirements sham be met by a combination of parkland dedication and payment of cash in lieu of parkland equal to 0.71 acres of land. The parkland shall be a minimum of 0.198 acres (8,624 square feet) in the area shown on the preliminary plat. The remaining 0.512 acres shall be in the form of improvements to the subdivision park such as an irrigation system, grass seeding and tot lot play equipment with any remaining money put into improvements at existing parks in the area. The ultimate improvement design of the park would be reviewed and approved by the Parks and Recreation Department. The 0.512 acres of cash in lieu payment shall be based on the fair market value of undivided, unimproved land. This condition has been met. The total parkland dedication required is .71 acres (30,927 square feet). The parkland shown on the final plat has been deemed undesirable by the Parks and Recreation Department, thus the entire amount is to be dedicated through a cash in lieu contribution. A price of $42,000 per acre has been agreed to. The total contribution is $29,820. Dote: The bike/pedestrian path will not count towards the overall park improvements due to the fact that a bike/pedestrian path is needed in this area of the subdivision to break up the excessively long block length. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Sections D and H). 17. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) This condition has been met. Please refer to the enclosed memorandum from Fred Zavodny at public works dated January 12, 2009. 18. 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. (Kalispell Subdivision Regulations, Section 3.18) This condition has been met. Please refer to the face of the Final Plat as well as the enclosed letters from public worms. 19. Prior to filing the final plat a letter from. the US Postal Service shall be included stating the Service has reviewed and approved 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. (Kalispell Subdivision Regulations, Section 3.22) This condition has been met. Please refer to the enclosed letter from the US Postal Service approving our mail delivery plan. Also, please find enclosed a copy of the receipt for the purchase of the required mail boxes. 20. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)) This condition has been met. The street lighting plan has been reviewed and approved by public works. Please refer to the public works approval letter dated October 17, 2007. 21. 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 (Kalispell Subdivision Regulations, Section 3.18(E)) This condition has been met. Please refer to the face of the Final Plat. 22. A homeowners -association for the subdivision shall be created that includes a provision for the maintenance of the bike paths, stormwater facilities, parkland, noise mitigation (i.e. sound wall or earth berm) and the open space areas within the subdivision. The maintenance provisions in the homeowners association shall include mowing or trimming the grasses within the common area to reduce the fire hazard and spread of noxious weeds. (Findings of Fact Sections A. C, D and H) This condition has been met. Please refer to the draft copy of the Declaration of Covenants, Conditions, Restrictions and Easements for Ashley Heights enclosed. Specifically, sections 2.10, 5.2, and S.Z. 23. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard is prohibited unless approved by the Kalispell Department of Parks and Recreation." This condition has been met. Please refer to the face of the Final Plat. 24. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." (Findings of Fact Section D) This condition has been met. Please refer to the face of the Final Plat. 25. Lot 5 shall be reconfigured to be brought into compliance with section 3.06.G of the subdivision regulations. (Kalispell Subdivision Regulations, Section 3.06(G) and Findings of Fact Section H) This condition has been met. Please refer to the face of the Final Plat. 26. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat approval. (Findings of Fact Section A) This condition has been met. Please refer to Exhibit A of the SIA for a comprehensive cost breakdown of the improvements. on going conditions: 27. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) This condition has been net. Please refer to the attached letter from 48 North Engineering, 28. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. This condition is addressed in the attached SIA. 29. A park maintenance district shall be formed incorporating all the lots within the Ashley Heights subdivision. The parr maintenance district shall not be effective until such time as any open space or parks are accepted by the city in which case the taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. This condition has been met. Please refer to the face of the Final Plat. Thank you for your kind attention to this final plat. Please feel free to call should you have questions, concerns or require additional information. Sincerely, Hubert J. Turner August 24, 2007 HUBERT TURNER ASHLEY HEIGHTS LLC 3300 HWY 2 W KALISPELL IIT 59901 RE: Confirmation Letter, Notice of Intent (NOI) Number MTR102734 ASHLEY HEIGHTS SUBDIVISION ■-� E 'a S 1r:�r"al This letter serves as confirmation that the Department has received a complete Notice of Intent (NOI) Package on 8/15/2007. You are authorized to discharge storm water from this site in accordance with the Department's April 16, 2007 General Permit for Storm Water Discharges Associated with Construction Activity (General Permit) and the information provided in your NOI and Storm Water Pollution Prevention Plan (SWPPP). Receipt by the Department of a complete NOI package constitutes a full agreement by the permittee to meet and comply with all requirements in the General Permit. For administrative purposes you have been assigned permit number MTR102734. Please include this number on any future correspondence with the Department regarding this site. Coverage under the General Permit remains in effect until the permittee submits a Notice of Termination (NOT) certifying that the site has achieved final stabilization and all applicable fees have been paid. Failure to submit a completed NOT will result in the continued assessment of annual permit fees, which must be paid by an owner or operator. A copy of the General Permit, this Confirmation Letter, a copy of the signed NOI form, and the SWPPP must be maintained on the construction site at all times. A violation of, or non-compliance with, any provision of the General Permit is subject to enforcement action pursuant to the Montana Nater Quality Act. General Permit coverage obtained through the submittal of this NOI does not waive obligations to obtain other permits or approvals which may be required. Should you have any questions, feel free to contact the Water Protection Bureau at (406) 444-3080. Sincerely, Jamesa L. Dodd Permitting Technician Water Protection Bureau idodd�rnt.gov Attachments; General Permit Enforcement Division o Permitting & Compliance Division - Planning, Prevention & Assistance Division o Remediation Division ... .. .. .......... VNViNOV4 �� ONICIVHO 10—lHDAO SiH!DIDH okDIHSV F� in P-cz I'- ZZ m co � WWW M U - in m �A I FAR �. March 20, 2009 Mr. Toni Jentz Planning Director City of Kalispell 201 1't Ave E Kalispell, MT 59901 Montana. Depprtmentrans orkiHon Jim Lynch, Director Brian Schweitzer, Governor .D ECEOVE AR 22-- a zoos U LL PLANNING DEPARTMENT RE: Kalispell Bypass: Ashley Heights Development RAV Reservation NH5-3(70)109 CN 2038 (Parcel 187) Dear Mr. Jentz: In accordance with a February 24, 2009, request from. Hubert Turner, this letter confirms that the subdivision property line shorn on the attached exhibit is adequate, as reservation for, the future Kalispell Bypass if no noise pleasures are constructed outside the subdivision property line. Design of the future bile path and noise wall still needs to be coordinated and the MDT is working with the landowner. We request that the City continue to coordinate private development with the proposed Bypass; including issues such as the noise mitigation, noise wall maintenance and bile path location/construction. If you need further information, feel free to contact me or Lathy Harris at Stelling Engineers, 406-443-0611. Sincerely, Douglas D. Moeller Missoula District Administrator Attachment Copies (w/o attachment) : Fred Bente, MDT Consultant Design Hubert Turner Kathy Ham* s, Stelling Engineers, Inc. C ADocuments and S ettings\0071 \Local S ettings\TXWTrj% P"e� NpIR W� i5O7 pare el 18 7 Jentz turner ltr. doc . .. >.: 77 P 1--%Partm/-%nt ity o &a ispell ublic Works De Post Office Box 199 .. ...:.......... . ... . . .. . sTelephone (406)758-7720 -78" 1Fax (406)758 Yee�I October 17, 2007 48 North P.C. 151 Business center Loop, Suite A Kalispell, Fontana 59901 Attention: Brett Wa Icheck, P.E. RE: Ashley Heights Subdivision Kalispell, Fontana Dear Brett: The construction plans and supporting documents for the referenced project are hereby approved. Attached is your copy of the letter of approval sent to the Flathead City - County Health Department and the Montana Department of Environmental Quality. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect. We look forward to working with you on this project. Sin c r y, Fr nk Castles, P.E. Deputy Public Works Director/Assistant City Engineer Attachments: As stated . ........ 'Kall'spe i k..ity o! 11 Pub c Works Department P-1997 Telephone (406)758-7720 Montana �. Fax ... ....... . . . . . . . . . . . . . t Office Box 1997 3 Kalispell, 3 y Demmer 1, 2008 Ashley Heights, LLC 3300 Hwy 2 West Kalispell, MT 59901 Re: Ashley Heights Kalispell, Montana Gentlemen: The City of Kalispell Public Works Department hereby approves the e)isting, completed improvements except those listed in the Subdivision Improvement Agreement, Exhibit "B". for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted lased on the following: .. 48 North P.C."s letter certifying that the improvements within the referenced subdivision have been inserted and installed in accordance with the City of Kalispell standards and the approved plans and specifications. 2. Our video records of the sanitary suer system. 3. Receipt of a Subdivision Improvement Agreement which contains the total estimated construction costs plus 25 percent covering the estimated costs for the remaining subdivision roads & overlot grade, drainage & miscellaneous work, service cam, fees,, engineering and surveying. The Subdivision Improvement Agreement is certified by Brett W. Walcheck, P.E., to being an accurate accounting of anticipated costs for the remaining improvements. The two year warranty period for the City owned and maintained existing, completed improvements will commence upon receipt of the required financial instrument. If you have any questions, please do not hesitate to contact this office. Sinc y, F n k Castles, P.E. Deputy Public Works Director Cc: Sean Conrad, Senior Planner Kalispell Planning mice Deb Deist, Treasurer Finance Department 48 North P.C., civil Engineering Services VINCENT G. RIEGER LAW OFFICE OF VINCENT G. RIEGER, P.C. 4 MERIDIAN COURT KALISPELL, MT 59901 TELEPHONE (445) 755-9552 FACSIMILE (405) 755-9554 October 21, 2009 Sean Conrad, Senior Planner City of Kalispell Planning Department 201 First Avenue East Kalispell, MT 59901 RE: Ashle Hei hts LLC - Easement Dear Mr. Conrad.- This onrad: This office represents Ashley Heights, LLC, the owner of the tract of land described on Exhibit "A" which is attached to this letter (the "Ashley Heights Property"). Hubert Turner, Manager of Ashley Heights, LLC, asked me to review the easement situation related to the easement running north to south from. Sunnyside Drive onto the Ashley Heights Property. Mr. Turner asked me to provide you my opinion regarding the validity and scope of the easement. The 60' private road and utility easement is depicted on both Certificates of Survey Nos. 13212 and 13 545 (the "Easement"). For your ease of reference, I have attached copies of both surveys to this letter. In addition to providing a visual depiction of the easement strip, both Surveys reference the Easement by stating that the Parcels are "Subject to and Together with a 60' Private Road and Utility Easement" in the legal description of the Parcels. Any remaining doubt about the validity of the Easement and which Parcels it is appurtenant to was eliminated by the following recorded Deeds (copies enclosed) which again state that the Parcels are being conveyed "Subject to and Together with" the Easement: No. Instrument Regotion No. Recon ink Date Grantee Parcel/Tract 1 Grant Deed 199821810020 August 6, 1998 Lila Krukenberg Parcel 2 2 Grant Deed 199821810030 August 6, 1998 Rhonda Gibbs Parcel 3 3 Grant Deed 199821810040 August 6, 1998 Jeffrey Krukenberg Parcel 4 4 Quitclaim 199730312220 October 30, Thor and Nancy Tract 2 Deed 1997 Jackola The Ashley Heights Property is a portion of Parcel 1 of C.O.S. 13545 (on two different occasions MDT has purchased portions of Parcel 1). The Easement is clearly a legally valid and enforceable easement. It is also clear that it is appurtenant to the Ashley Heights Property. Please contact me If you have any questions. Sincerely, VINCENT G. RIEGER cc: Aubert J. Turner EXHIBIT A A TRACT OF LAND, SITUATED, LYING AND BEING IN GOVERNMENT LOT I OF SECTION 195 TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M..M., FLATHEAD COUNTY, MONTANA, AND .MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the southeast corner of Government Lot I of Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, which is a found iron pin; Thence along the south boundary of said Gov't Lot I S 8 8 ° 5 6' 5 7"W 125.10 feet to a set iron pin on the easterly R/W of the proposed Kalispell By -Pass; Thence along said R/W N38045'46"W 123.84 feet to a set iron pin; Thence N31 °04'54"W 211.07 feet to a found aluminum. cap; Thence N22'1 3'03 "W 853.39 feet to a set iron pin; Thence N08°02'24"E 175.84 feet to a set iron pin; Thence N88°26'12"E 56.44 feet; Thence N74°05'25"E 60.26 feet to a set iron pin on the easterly R/W of a 60 foot city street known as Bismark Street; Thence leaving said by-pass R/W and along said city street S0 I ° 12'26"E 125.98 feet to a set iron pin and the P.C. of a 170.00 foot radius curve, concave northeasterly, having a central angle of 03'36'45"; Thence along an arc length of 10.72 feet to a set iron pin; Thence leaving said R/W EAST 177.76 feet to a set iron pin; Thence S01 ° 16'3 8"E 366.27 feet to a found iron pin; Thence N8 8 °44'29 "E 167.70 feet to a found iron pin on the centerline of a 60 foot private road and utility easement; Thence along said centerline S 0 1 °23'01 "E 5 9.0 3 feet to a found iron pin; Thence leaving said centerline N88°50'03 "E 142.46 feet to a found iron pin; Thence Soo°26'09"W 701.99 feet to the point of beginning and containing 8.432 ACRES. 2 n C� IPA 'po 4K v !fig P� °acwaaix GLAEG D COUVTY 1 ROADsrar�vrs acv ° d � W ` a acp isaR�� 4 � '_ ` jig r�� ^3 ��►'DDc+ppptwwR777�j� m�� '�#'�• �qr jk.'� �� F FSG etc �hx F4 >1 ac dcjc k fpm F 04 G7t t71 m W7 Al t17 0 114 CC1-0 iXW M�+ 0 CL9 1- Q � p7 a, 400 11 1-4 U 50 E AE z en s 2 100'- �o� cx C m Q cae sA ct i 2 +iss C7 Ae 4 CIG W w p rs w h SEE 'K��.t./i _ 1MV) au a IIS 2 .7 �+i � rE�+a1f61�pW9 FWA W1 p h ��aNcp�F x� �pty�. 0 r w� �p ,•�.. a ...ate _ �© [} U12 o ~ {� 4 F. � A: � 1 x 18. m j7❑�Q �, f FiIItl+ i �L � i f y 4" ill soa•�a•nr-� W ?A� i�s �1 IzNv ��i�. at• t a o 0 o n IPA 'po 4K v !fig P� °acwaaix GLAEG D COUVTY 1 ROADsrar�vrs acv ° d � W ` a acp isaR�� 4 � '_ ` jig r�� ^3 ��►'DDc+ppptwwR777�j� m�� '�#'�• �qr jk.'� �� F FSG etc �hx F4 >1 ac dcjc k fpm F 04 G7t t71 m W7 Al t17 0 114 CC1-0 iXW M�+ 0 CL9 1- Q � p7 a, 400 11 1-4 U 50 E AE z en s 2 100'- �o� cx C m Q cae sA ct i 2 +iss C7 Ae 4 CIG W w p rs w h SEE 'K��.t./i _ 1MV) au a IIS 2 .7 �+i � rE�+a1f61�pW9 FWA W1 p h ��aNcp�F x� �pty�. 0 r w� r TC�7 {� 4 F. 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F zc OR Osup&i asv�gw�rttt Kxr uww�4x Fm 4n iFa fi7 GRANT DEED FOR .A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RUBERT H. KRUCKENBERG, of 1204 Sunnyside Drive, Kalispell, Montana, does hereby GRANT unto LILA KRUCKEN13ERG, of 1204 Sunnyside Drive,, Kalispell, Montana, the following described real property in the county of FLATHEAD state of MONTANA: A TRACT OF LAND LOCATED IN U. S. GOVERNMENT LCT 1 IN SECTION 19, r TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDI.AN, MONTANA, FLATHEAD COUNTY, MONTANA .AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST SECTION CORNER OF SAID SECTION 19, INDICATED BY A FOUND ALUMINUM MONUMENT; THENCE N8 8 ° 4 7 ' 4 5 " E , ON AND ALONG THE NORTH BOUNDARY OF SAID U. S. GOVERNMENT LOT 1, A DISTANCE OF 859-08 FEET TO A POINT; THENCE S01 ° 16' 47"E, AND LEAVING SAID NORTH m BOUNDARY, A DISTANCE OF 20.00 FEET TO .A SET 5J8" RE BAR AND WHICH LU POINT LIES ON TUE SOUTH RIGHT OF WAY BOUNDARY OF A DEEDED COUNTY ROAD > KNOWN AS SUNN'YS I DE DRIVE AND WHICH POINT IS THE TRUE POINT OF BEGINNING; Cl - C. "d THENCE CONTINUING S91 ° 16' 471' E, AND LEAVING SAID SOUTH RIGHT-OF-WAY BOUNDARY, A DISTANCE OF 259. 11 FEET TO A FOUND 5/811 RE BAR; THENCE N88°44100"E, A DISTANCE OF 168.05 FEET TO A FOUND 3/4" IRON PIPE; THENCE N'01 ° .3 ' 26'1W, .A. DISTANCE OF 258.92 FEET TO A SET 5/811 RE BAR AND WHICH POINT LIES ON SAID SOUTH RIGHT OF WAY BOUNDARY OF SUNNYSIDE DRIVE; THENCE S88 ° 47145 "W, ON AND ALONG SAID SOUTH RIGHT OF WAY BOUNDARY, A DISTANCE OF 158.31 FEET TO THE TRUE POINT OF BEGINNING. THIS PARCEL 'CONTAINS l . D00 , ACRES AND SUBJECT TO AND TOGETHER WITH A 60 -FOOT PRIVATE ROAD AND UTILITY EASEMENT ALONG THE EAST BOUNDARY AS SHOWN HEREON AND SUBJECT TO AND TOGETHER WITH .ALL APPURTENANT EASEMENTS 4F RECORD. �ZA TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, and to the heirs and assigns forever. Dated: 8 1998. g �� 4t 1114, - - pe 4: /,m: t RUBERT H. KRfJCXENiiERG �br 140YARiAl. � State of Montana ) �p SE - SS � � � County of Flathead )'� On this +k day of , 1998, before me, a Notary Public in and for saicY Stater personally appeared RUBERT H. KR1J9YXR4BERG,, known to rye to be the person whose name is subscribed to t2 wi hin instrument and acknowledged to me that she executed the s e. - ... Nota y Public Res 'ding at Kalispell, Montana My ommission Expires 6/18/99 STATE OF MONTANA SS County of Flathead } I hereby certify that this instrument was filed for record at the R. cruest f Rubert H. Kruckenberg r atM 12 _j 06j,11n 4. -- . , 1998, in my office and ly recorded in Inst ument No. Ex _ffc10 order BY Mail to: Deputy Lila Kruckenberg 1204 Sunnyside Drive cl Kalispell, Montana 59901 Filing Fee �(o RIO 1998218 Vis J GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RUBERT H. KRUCKENBERG, of 1204 Sunnyside Drive, Kalispell, Montana, v dries hereby GRAFT unto • RHONDA GIB.SS, of 1204 Sunnyside Drive, Kalispell, Montana, the following described real property in the county of FLATHEAD state of MONTANA: A TRACT OF LAND LOCATED IN U. S. GOVERNMENT LOT 1 IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA .AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING .AT THE NORTHWEST SECTION CORNER OF SAID SECTION 19t INDICATED B'Y' A FOUND ALUMINUM MONUMENT; THENCE N88"47145112, ON AND ALONG,,THE NORTH BOUNDARY OF SAID U, S. GOVERNMENT LOT 1 't A. DISTANCE OF 75.14' FEET TO A POINT; THENCE S41 ° 12' 15"E, AND LEAVING SAID NORTH CD BOUNDARY, A. DISTANCE OF 20. a Q FEET TO A FOUND 5 / 8'° RE BAR .AND WHICH POINT LIES ON THE SOUTH RIGHT OF WAY BOUNDARY OF A. DEEDED COUNTY ROADCl- � • .. KNOWN AS SUNNYSIDE DRIVE; THENCE N88 ° 47 145 "E, ON AND ALONG SAID SOUTH RIGHT OF WAY BOUNDARY, .A DISTANCE OF 1111.52 FEET TO A FOUND 5/8" RE BAR AND WHICH POINT LIES ON THE EAST BOUNDARY OF SAID U.S. GOVERNMENT LOT 1 AND WHICH POINT IS THE TRUE POINT OF BEGINNING; THENCE SO4° 26 `09 "W, ON AND ALONG SAID EAST BOUNDARY, A. DISTANCE OF 280.82 FEET TO A SEI' 5/8" RE BAR; THENCE S8$°47145"W, AND LEAVING SAID EAST BOUNDARY, A DISTP-NCE OF 151.11 FEET TO .A SET 5/811 RE BAR; THENCE N41 ° 13' 26 "W.. A DISTANCE OF 280.70 FEET TO A SET 5/811 RE BAR AND WHICH POINT LIES ON SAID SOUTH RIGHT OF WAY BOUNDARY OF SUNNYSIDE DRIVE; THENCE N8 8 0 4 7 14 5 " E , ON AND ALONG SAID SOUTH RIGHT-OF-WAY BOUNDARY, A DISTANCE OF 159.25 FEET TO THE TRUE POINT OF BEGINNING. THIS PARCEL CONTAINS 1.000 ACRES AND SUBJECT TO AND TOGETHER WITH A 60 -FOOT PRI FATE ROAD AND UTILITY EASEMENT ALONG THE FEST BOUNDARY .AS SHOWN HEREON AND SUBJECT TO AND TOGETHER WITH ALL APPURTENANT EASEMENTS OF RECORD. /�- -3 _,,._ e�; TO HAVE AND TO HOLD the said premises.. with their appurtenances unto the said Grantee, and to the heirs and assigns forever, ted: W5 , 1998. RUBERT H. kRTCKENI3ERG State of Montana SS County of Flathead On this day of At�A. r, 1998, before me, a Notary Pubs. is in and for said ,State, personally appeared RUBERT H. KRUCKENBERG, known to me to be the person whose name i s � su.bscribed to the within instrument and acknowledged to me that she executed the s Nota y Public _' Resi ing at Kalispell, Montana My Commission Expires 5/18/99 STATE OF MONTANA. ) SS County of Flathead I hereby certify that Re uest of Rupert H. .� 1998, in 2-1 29 .. Mai 1 to Rhonda Gibbs %Li.a Kruckenberg 1204 Sunny-side Drive 0 r N10TARIAL SFaJ. 0 �_0 F #t this instrument was filed for record at the Kruckenberg, at ,.� minutes. past :60 64-n my office and iy recorded in Instrument .No . E ffczg Xe,jdorder BY Deputy IL982JLS GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Zis w RUBERT H. KRU'CKENBERG , of 1204 Sunnyside Drive,, Ka pell r Montana, does hereby GRANT unto JEFFREY KRUCKENBERG , of 1204 Sunnyside Drive, Kalispell, Montana, the following described real property in the county of I'LA7'HEAD state of MONTANA A 'TRACT OF LAND LOCATED IN U. S. GOVERNMENT LOT 1 IN SECTION 19, �a TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS � CbMmENCING AT THE NORTHWEST SECTION CORNER OF, SAID SECTION 19, Q INDICATED BY A FOUND ALUMINUM MONUMENT; THENCE N88°47'45"E, ON AND LU ALONG THE NORTH BOUNDARY OF SAID U. S. GOVERNMENT LOT If A DISTANCE OF > 75.14 FEET TO A POINT,- THENCE S41 * 12' 15"E, AND LEANING SAID NORTH C) cc BOUNDARY , A DISTANCE OF 20. 0 0 FEET TO A FOUND 5/B" RE BAR AND WHICH C1L; pL POINT LIES ON THE SOUTH RIGHT' OF TqA'Y� BOUNDARY OF A DEEDED COUNTY ROAD < KNOWN AS SUNNYSIDE DRIVE; THENCE N88 * 47' 45 "E, ON AND ALONG SAID SOUTH RIGHT OF WAY BOUNDARY, A. DISTANCE OF 1111.52 FEET TO A FOUND 5/811 RE BAR AND WHICH POINT LIES ON THE EAST BOUNDARY OF SAID U.S. GOVERNMENT LOT 1; THENCE SO4°26109"W, ON AND ALONG SAID EAST BOUNDARY, A DISTANCE OF 280.82 FEET TO A SET 5/8" RE BAR .AND WHICH POINT IS THE TRUE POINT OF BEGINNING; THENCE CONTINUING S00 ° 26' 09 "W, ON AND ALONG SAID EAST BOUNDARY, A. DISTANCE OF 295.82 FEET TO A SET 5/8" RE BAR; THENCE S88 ° 4'7' 45 "W, AND LEAVING SAID EAST BOUNDARY, A DISTANCE OF 142.51 FEET TO A SET 5/811 RE BAR; THENCE NOI°13126"Wr A DISTANCE OF 296.70 FEET TO A SET 5/8" RE BART THENCE N88'47145"ET A DISTANCE OF 151.11 FEET TO THE TRUE POINT OF BEGINNING. THIS PARCEL CONTAINS 1.000 ACRES AND SUBJECT TO AND TOGETHER WITH A 60 FOOT PRIVATE ROAD AND UTILITY EASEMENT AND SUBJECT TO AND TOGETHER WITH ALL APPURTENANT EASEMENTS OF RECORD. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, and to the heirs and assigns forever. Dated:. 's 1998 . RUBERT H4. KRUrCKENBERG State of Montana ) SS County of Flathead ] On this S day of , 1998, before. nye, a Notary Public in and for saief State, personally appeared. RUBERT H. KRUCKENBERG, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the sS H I. ne-o-ft- Not ry Public � Re i ding at Kalispell, Montanan i A A My Conunission Expires 6/18/99 Sm IT tP STATE OF MONTANA OF &to SS County of Flathead I hereby certify that this instrument was f i 1 ed f or record at the quest f Rube rt H. Kruckenbe rg , at �minutes past 6 2 -Q �M 1.998, in my office and duly recorded in Instrument No. :199 - 2J[& • EX- c i v e order Mail to: BY Jeff rely Kruekonberg Deputy %Lila Kruckenberg 1204 Sunnyside Drive ,1tSfr. I(y o•�-' " � 511161 1997303 OUITCLAIX DEED FOR • VALUE RECEIVEt7,RUBgi<'1' H. and LILA XRUCRBHSXRG,'. f 1 ' Su nysi•de Drive, Kalispell, Maxitana, does isereby cvnv#y, xi3lease: � • •relmise• and forever quit claim tanto THOR A. and NANCY L.: JAC1L0ao..• , -� 1220 'Sunnyside Drive, Kalispell, Montana, the following deiGr3b�d=-��' [t r. S. j1Ri4� : Fre wises'• in Flathead Count -1, Montana, to -wit • A�. • TRACT ' OF . LAND LOCATEL IN U. S. GOVERNMENT LOT 1 OF SECTION ; t2 W i.�; ..�88IP • 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, • MONTANh,;;-_� LATZ�Ab COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLO�lB: � ;' �; ~'�• OMOMNCING AT' THE NORTHWEST SECTION CORNER OF- SAID .SECTION INDICATED BY A FOUND ALUMINUM MONUMENT; THENCL- N88' 47' 45"E, :dN,'A �,'' °� �j6 ALONG THE. NORTF_ 3OUNDARY OF SAID U. S. GOVERNMENT LOT 1, A -DISTANCE ,OF.*" 100!;,;r 859.08 • FEET To hA POINT; THENCE $01.115 1 47"E, AND LEAVING "SAID -'N( � NORTH ',',� Ij BOUMARY, -A Dx6}rANCE OF 279.11 FEET TO A SET 5/8" 'RE -BAR AND WHIGH POIFr'T IS THE • TRUE. POINT OF BEGINNING; W THENCE H884COO'E, A DISTANCE OF 168.05 FEET TO A FOUND 3/4"' IR01i t'] PIPE; THENCE S0181.30261E, A DISTANCE OF 259.40 FEET TO A SET 5/8" RE - BAR; THENCE 588•44'00*W, A DISTANCE OF 157.80 FEET TO A SET 5/8' RE -- BAR; THENCE N01'16147"W, A DISTANCE OF 259.40 FEET TO THE TRIM POINT .cr OF BEGINNING. THIS TRACT CONTAINS 1.000 ACRES AND SUBJECT TO AND TOGETHER WITH A 60 - FOOT PRIVATS ROAD AND UTILITY EASEMENT AS SHOWN ON CERTIFICATE OF SURVEY NUMBER 1RZ12Lt AND SUBJECT TO AND TOGETHER WITH -ALL APPURTENANT EASElSNTS OF RECORD. TO HAVE AND TO HOLD the said premises, with their appurtenances unto she saf d Grantee their hairs and assigns forever. Da•d this day of 997. RUB H. KRUCKEHBHRG L )MIT ERG COUNTY OF FLATHEAD j S5 STATE OF MONTANA 1 ON THIS Al DAY OF Oda "r- 1997, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC FOR THE STATE OF MONTANA, PERSONALLY APPEARED RUBERT H. & LILA KRUCKENBERG, HUSBAND AND WIFE AND KNOWN TO ME TO BE THE PERSONS WHOSE NAKES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE SET MY HAND 1AF MY NOTARIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN, NOTARYB14IC F CE TATE OF MONTANA - wr RESIDIN AT MONTANA �' •� MY COMM SSION EXPIR S � ~t� DF i1a I HEREBY CERTIFY that this instrument was filed for record at tho Request. of Thor A. J kola at � minutes past 1 o'clock H.. this --a= j day of 1997,01 in my office, and duly recorded in file LZEx-Of ci+Ree r RETURN TO: BY . Thor A. Jackola Fees $_._ .� 1120 Sunnyside Drive Kalispell, Montana 59901 September 23, 2008 Hubert Turner 3300 Highway 2 West Kalispell, MT 59901 Re: Final plat approval — Ashley Heights Dear Mr. Turner, In response to your request for approval of the above -referenced project, our department approves final plat application for Ashley Heights, with the following information and conditions: ❑ Fire hydrant locations are approved. ❑ Fire department access is approved. ❑ No combustible construction may begin prior to placement of street signs, addressing, and assuring adequate fire flows (based on type of construction and occupancy) for future buildings. Please contact me if you have any questions. cc: Tom Jentz, Kalispell Planning Office Jeff Clawson, Acting Building Official "'Assisting our community in reducing, preventing, and mitigating emergencies. I?Y February 24, 2009 Hubert Turner Phone: 400-257-1042 406-261-0728 Re: Ashley Heights Gear Hubert: This letter is to serve as approval on the proposed landscaping pians for Ashley Heights Subdivision per the plans submitted by your office. It is agreed that if the project is extended, the developer will be responsible for bonding for landscaping improvements as specified on the submitted plan for the Ashley Heights. The 00 tree plantings are required to meet the Street Tree ordinance standards of 2 '/4" caliper and of an approved species from the Kalispell Parks department planting list. Tree plantings must conform to ISA standards. Boulevards are to be seeded or sodded to meet city standards. If you have any questions regarding acceptable practices for boulevard prep and sodding or seeding, feel free to contact us. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time bonding and/or letter of credit would be released if it is in place. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely, Chad Fincher, Parks Superintendent Kalispell Parks and Recreation c: Sean Conrad, Kalispell Planning 306 1"Avenue East, P.O. Brix 1997, Kalispell, . T 5990 Plione (406)758-7718 1-iax (406)758.7'719 wnw. kalispell. com MEMORANDUM January 12, 2009 To: Kalispell Planning Department Hubert Turner, Just Dirt From: Fred Zavodny, Kalispell Public Works Re: Ashley Heights — Road Name and Addresses The Road Name and Addresses for the Ashley Heights Subdivision have been approved by the Kalispell Department of Public Works. f Fred Zav dny, V, UI'pelf Public Works 14 FLATHEAD STATION 248 FIRST AVENUE WEST KALISPELL MT 59901 June 18, 2008 To City of Kalispell Planning Office: Re: Ashley Heights To Whom It May Concern: The above referenced project has been reviewed. A suitable location for mail delivery has been established . Centralized boxes will be installed with a turnout 10 feet wide and 20 feet long for the carrier to service and leave these boxes. The developer will be responsible for purchasing the CBUs. The Developer or homeowners individually or collectively will be responsible to keep the roadway and area to the boxes clear of ice and snow. If you have any questions please feel free to call me at (406) 755-0187. Sincerely yours:. Elden Marvel Manager Customer Services (406Y755-0187 FAX: (406)-755-0376 r 48N ®R,_ R TH Pa (Cp 151 Business Center Loop Ste. A, Kalispell, MT 59901 ® (P) 496756-4848 ® (F) 406--756-4849 r November 18, 2008 Attn: Frank Castle City of Kalispell Public works Department 312 1" Ave. East Kalispell, MT. 59943 RE: Final Plat Approval for Ashley Heights Subdivision .Dear Frank: As Engineer of record for Ashley Heights Subdivision, I herby certify that the construction of the items that are shown in the attached Exhibit B: Certification of wort{ To Be Completed, have been completed to the best of my knowledge. The percentage of work complete to date for Ashley Heights Subdivision is at 82%. Some of the construction items remaining to be completed include: earthwork, landscaping, erosion control, sound wall construction, and project closeout. Estimates prepared by this office for the remaining construction, total $117,508.42 for the Ashley Heights Subdivision. Security held at 125% of the remaining construction total is $146,885.53. At this time we are requesting a letter of approval from the City of Kalispell stating that you are in agreement with improvements installed to date. we would like to schedule a final walk through with the Kalispell Public works Department to finalize the acceptance and transfer of ownership. Amer all work is 100% complete we will conduct a final inspection with Kalispell Public works prior to security bond expiration or reduction. If you have any questions or require additional information please feel free to give me a call (406-756-4848). i cerely --- Brett walcheck, P.E. 48 North, P.C. Brett Walcheck, P.E. October 24, 2007 48 North, P.C. 151 Business Center Loop, Suite A Kalispell, MT 59901 RE: Ashley Heights Subdivision, Kalispell, MT EQ##08 -1301 Dear Mr. Walcheck: I reviewed the plans and specifications for the water main, sewer main, sewer force main and lift station for the above referenced subdivision, submitted under the seal of Brett W. Walcheck, PE #14872. The submittal was originally received on August 20, 2007, with revised plans received on October 9, 2007 and City of Kalispell approval received on October 18, 2007. The plans and specifications are hereby approved. One copy of the plans bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained as Department Record. Generally, the project consists of 1340 feet of 12 -inch diameter PVC water main, 1100 feet of 8 -inch diameter PVC gravity sewer, 5 manholes, 110 feet of 2 -inch PVC force main sewer, and a submersible pump sewer lift station with permanent backup generator power, operated by natural gas. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Prior to operation of the public water or sewer system, certification by the project engineer that the constructed system components were completed in accordance with plans and specifications must be submitted to the Department. Within 90 days following completion of the project, a complete set of "as --built" record drawings must be signed, stamped and submitted to the Department. Centralized Services Division a Enforcement Division a Permitting chi Compliance Division a Planning, Prevention & Assistance Division - ]remediation Division RE: Ashley heights Subdivision, Kalispell, MT EQ#08 -1301 Page 2 of 2 It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three- year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project may need a storm water general permit. Please contact the water Protection Bureau at 406-444-3080 for more information. Sincerely, z� Emily j illespie, P Public ater Supply and Subdivisions Bureau cc: City of Kalispell, Frank Castles Hubert Turner, Owner Fi le Lot Book Guarantee Issued by FirstAmerl'can Title Company 704 South Main/P.O. Box 1310, Ka-Aspell, MT 59901 Title Officer.• Les/ie Lane Phone., (406)752-5388 FAX.• (406)752-9617 Form No. 110-1282 (Rev 3/31/04) 1100041P129500 Lot Book Guarantee Guarantee No.: 317403 -CT Page No. Form 1349 M�� CLTA Guarantee Face Page (Revised 12/15/95) First American Tit /e Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A. which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. First American Title Insurance Company BY PRESIDENT ATTESTSECRETARY First American Title Company AUTHORIZED SIGNATORY Lot Book Guarantee SCHEDULE A LOT BOOK GUARANTEE Liability: $200.00 Fee: $150.00 Name of Assured: Hubert Turner Date of Guarantee: October 16. 2009 at 7:30 A -M. The assurances referred to on the face page are: Guarantee No.: 317403 -CT Page No. 2 Order No.: 317403 -CT Guarantee No.: 317403 -CT Reference No.: 1. That, according to the Company's property records relative to the following described real property, including a map if attached, (but Without examination of those company records maintained and indexed by name): A TRACT OF LAND LOCATED IN U.S. GOVERNMENT LOT 1 IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: PARCEL 1 OF CERTIFICATE OF SURVEY NO. 13545 EXCEPTING THEREFROM: THAT PORTION DEEDED TO THE MONTANA DEPARTMENT OF TRANSPORTATION IN BARGAIN AND SALE DEED, RECORDED NOVEMBER 29, 19991 AS DOCUMENT NO. 1999-333-05390 AND SEPTEMBER 1, 2009 AS INSTRUMENT NO. 2009- 00025330. A. The last recorded instrument purporting to transfer title to said real property is: Warranty Deed executed by Just Dirt, Ltd, to Ashley Heights LLC, recorded March 16, 2007, as Instrument No. 2007-075-11540. B. There are no mortgages or deeds of trust Which purport to affect said real property, other than those shown below under exceptions. 2. No guarantee is made regarding (a) matters affecting the beneficial interest of any mortgage or deed of trust Which may be shown herein as an exception, or (b) other matters Which may effect any such mortgage or deed of trust. 3. No guarantee is made regarding any liens, claims of lien, defects or encumbrances other than those specifically provided for below, and, if information Was requested by reference to a street address, no guarantee is made that said real property is the same as said address. Lot Book Guarantee SCHEDULE A (Continued) EXCEPTIONS: Guarantee No.: 317403 -CT Page No. 3 1. Montana Trust Indenture, to secure an original indebtedness of $1,000,000.00, dated 03-15- 2007 and any other amounts and/or obligations secured thereby Recorded: 03--16--2007, as Instrument No. 2007-075-11550 Grantor: Ashley Heights, LLC. Trustee: Citizens Title And Escrow Company Beneficiary: Ashcraft and Moreland, P.C., 401K Plan, as to a 5% undivided interests Floyd C. Bossard, as to a 5% undivided interest; Margaret J. Bossard, as to a 2.5% undivided interest; Janice M. Elliott, as to a 2.5% undivided interest; C. Russell Brooks and Grace M. Brooks, as joint tenants with right of survivorship, as to a 10% undivided interest; Clark Fork Medical Associates, PC Section 401(k) Profit Sharing Plan, FBo Frank L. Walker, Frank L. Walker, Trustee, as to a 5% undivided interest; Stephen S. Ellis, M.D., P.C., Employees Amended and Restated Pension Plan, as to a 10% undivided interest; Scott D. Erler DDS, PC Retirement Trust, as to a 5% undivided interest; Essex Ventures, LLP, as to a 25% undivided interest; J & M C, LLP, as to a 10% undivided interest; Quality Supply, Inc., Profit Sharing Plan and Trust, as to a 10% undivided interest; Simonsen Enterprises, LLP 401K Retirement Plan, as to a 5% undivided interest; and Tripp Lumber Company, Inc., Employee Pension and Profit Sharing Plans, as to a 5% undivided interest. For informational purposes only, the property address is: 1204 Sunnyside Drive, Kalispell, MT 59901 For informational purposes only, the tax parcel number is: 75-0467850 Lot Book Guarantee SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 317403 -CT Page No. 4 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurance which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any parry shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the manner or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) 1f the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 110-1282 (Rev 3/31104) 1100041P129500 Lot Book Guarantee Guarantee No.: 317403 -CT Page No. 5 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. S. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability, or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of foss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at nate of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 1 First American Way, Santa Ana, California, 92707. Form No. 110-1282 (Rev 3/31/04) 1100041P129500 Lot Book Guarantee N First American Title Company 704 South Main/P.0. Box 1310, Kalispell, MT 59901 Phone (406)752-5388 - Fax (406)752-9617 PRIVACY POLICY We Are Committed to Safeguarding Customer Information Guarantee No.: 317403 -CT Page No. 5 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its 9 9 p g source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; i Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinite) includingthe period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the es of nonpublic personal information listed above to ne r more of our affiliated companies. Such affiliated companies include financial p p p cal service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to Know that information to rovideroducts or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that y our information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We current) maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Q 2001 The First American Corporation ■ All Rights Reserved OIL iL�MON MR JN MWA A 9 1 N -WA IMM CER TIFICA TE OF - SUR � 1 itaxer JA of Affin W` rig AAACM F t yqpww>f r t ve won= ?y W LXA& To qpmlmv� AM OPANW& 4k* A=w ft mug !A TMP t +rxfn! IN&V Y M IN C*jMf&gM i�'tNt A" "M C�Ivxzgw rig MM w "a Oft tsar wall 'if3M1� 'lit WW "" W"=CN 3rA f1f M MMM* AS A W 400r-- C� M too ori ) orJ1002FAM " d yrs i�,,,� w a► « aI I,- >N- � Foot v s arm, rar sf a flfifff OW s. s MMMMQ. AM 80W 10 M - �� o r�i � � 'ems �N "This at ,910,910ianrw swamp, Ir MM Mr ,Mr Nat I. Mr Am VUR mat Purpose Q fs r ' ` sofa ly for the 4hx &gEt and ting !terror for Va�~ajQs r`S-j� iij `?C�' ;lotn r na fla�I ! So .. • � -o r-- i!'its' i mart{�t��l .irii]r r;,rey and th[ : ': ouanv i SISOUMe-$ + ^ : w bI,I[Iy foi. va tom, if ani, vith n tial a�l�''�•?; Sk Lar FS "U 1I1 �10C'�� 1N I � rl L.�1� i AND WHEN RGCORDW MAIL T&. Am" Heoft UjC 3300 I*w 2. wast aftS KT S9Wl eled for Mmwd 7t=r�"wim 7, ckizeds Twe WW Ewm om"w CWder No.: 199959 -Cr Parcd no.: mmso FOR VALVE RECMM, 200*7075 ll� - -WD � 11 Tlj Lk X_ T_ ir- itlat mt� LM haSkmIter aMW QurftKs), da(es) hereby gnm% bwvant W1 &W mroev uaw AO*W "ekhtF LLC whose add rm Is: 3.300 lfwy 2 � VjdlopA MT 59M Q&d ft Gmrfte,, the f0lbwAV dewfied prargim SM in FMdm" Uxaty4, Montom, A TRACr OF LAND LOCATED IN U.S. C<WERNMENT LOT I IN %MC)N 19: TOM" 28 NORTH, RANM 21 WEST,, P.p4.mw FLATHM COUNWe MWAM4kf KNOWN AS: PAKM I OF CERMFICATIE OF SURVEY NM 13545 POCWMG THERFPDM: TrWr PORTION DMMD TO THE MOKTANA DEPAR7MW Of TRANSPORTMON IN BARrAIN AND SALE DEED, RECORDEX) NCWEMMR 29r 1999, AS DOCUMENT No. 099-333-08M. smaecr TO marts, K*Vbkmft � WW amwnbrances BPPWO* or of moord. 2007075 11:5446 TO HAVE AW TO M= ft mw pmmisftl va IN appatumum wft on OW &W*M aW W the GwtW$ heks a -W assips fOreW. AM tM SW C-mrftr dm twwlw mvenao to SW WM the SW Granbm-' Umt " Qw*w is ft Oww In ft *noe of =W pmrAm; Uot OW Wmm sm ft" Duna iW maxtum,14 ewq*cw"O YON Uml. X"M WW a0e=Tm"s�, aW Ua Pa*tt sev r 4n ao ISV and deft tM sm 41W VhA* LVM tM Prem"s, aW dot Grarftr wo vmnwt "ubwt,7. *QW, AuHwftedSWCW Dftd: 01-5—tM7 -'-"0 STi NOT Plat Roam Flathead County, Montana $00 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for subdivisions Only • SANDS eY . �1 FOR: aSH��Y HEIGHTS LLC DATE :6/25/08 ��p� DESCP : ASHLEY HEIGHTS PURPOSE., SUES (Tr. 10 in 19-28-21) TOO 18 NOORIVza AJND EXI3 6T29 92L Sof XVd RT'OT 60OZ/OZ/oT L' ZU Nz� Aw Detail reper IQ =fl* LM =WW"W;Wtd= Deftloper, his ,gra tssr 1 20 l�¢p Lot 6 Lot 13 for tho uar of to! C Aad t 14 gyp'"' Lana, S' Lot 19 +' "�+� uiMri► ids" Y LIM &r1zW4V#. • LOMAX j� AM AC. 0Lot 12 � �� 1790 Olt &t 8 C" Ua AM (ED It R= 4W too UMW WEMEM CERMICATE l =4 The undez*gned hembyx ver per , -A �.- whether public or private, providing or offering to provide telephone, telegraph, d PAJP0%tP11% Ih1�WjmF- OAV PAMA fom)Aviehnn �qpar< Mr. a0 ear~ 'Qj&r» r M MO n2jh ^ Ph'A i ."x!'05" \ -A � � (4,0' DaMed City 13 18 Album 01P24 19 ... L * /c �,�y }} got S 10� , ani14jk!y"t' L' ZU Nz� Aw Detail reper IQ =fl* LM =WW"W;Wtd= Deftloper, his ,gra tssr 1 20 l�¢p Lot 6 Lot 13 for tho uar of to! C Aad t 14 gyp'"' Lana, S' Lot 19 +' "�+� uiMri► ids" Y LIM &r1zW4V#. • LOMAX j� AM AC. 0Lot 12 � �� 1790 Olt &t 8 C" Ua AM (ED It R= 4W too UMW WEMEM CERMICATE l =4 The undez*gned hembyx ver per , -A �.- whether public or private, providing or offering to provide telephone, telegraph, d PAJP0%tP11% Ih1�WjmF- OAV PAMA fom)Aviehnn �qpar< Mr. a0 ear~ 'Qj&r» r M MO n2jh ^ Ph'A i ."x!'05" \ -A � � CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA 1979, the undersigned, ASHCRAFT and MORELAND, P.C., 401H PLAN, of POB 1500, Hamilton, MT 59840; FLOYD C. BOSSARD, of 222 Aspen Loop, Butte, MT 59701; MARGARET J. BOSSARD, of 222 Aspen Loop, Butte, MT 59701; JANICE M. ELLIOTT, of 222 Aspen Loop, Butte, MT 59701; C. RUSSELL BROOKS and GRACE M. BROOKS, as joint tenants with right of survivorship, of 2705 Gilbert, Missoula, MT 59802-3203; CLARK FORK MEDICAL ASSOCIATES, PC SECTION 401(k) PROFIT SHARING PLAN, FBO Frank L. Walker, Frank L. Walker, Trustee, of 340 McLeod, Missoula, MT b9801; STEPHEN S. ELLIS, M.D., P.C., EMPLOYEES AMENDED and RESTATED PENSION PLAN, of POB 1530, Hamilton, MT 59840,- SCOTT D. ERLER DDS, PC RETIREMENT TRUST, of 619 SW Higgins Avenue, Suite "M", Missoula, MT 59840; ESS VENTURES, LLP, of POB 636, Essex, MT 59916; J & M C, LLP, of POB 224, Dayton, MT 59914; QUALITY SUPPLY, INC., PROFIT SHARING PL.AN and TRUST, of POB 17110, Missoula, MT 53508; SIMONSEN ENTERPRISES, LLP 401K RETIREMENT PLAN, of 295 Road 314, Ismay, MT 59336-- and TRIPP LUMBER COMPANY, INC., EMPLOYEE PENSION AND PROFIT SHARING PLANS, of POB 7069, Missoula, MT 59807; is the beneficiary. Said Montana Trust Indenture was executed on March 15, 2007 and duly recorded March 16, 2007 as document number 200707511550, in the office of the County Clerk and Recorder of Flathead County, State of Montana, hereby consents to the Platting of a tract of land to be known and named as the Ashley Heights subdivision thereof the following described property: A TRACT OF LAND LOCATED IN U.S. GOVERNMENT LOT 1 IN SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: PARCEL l OF CERTIFICATE OF SURVEY N0. 13545 EXCEPTING THEREFROM: THAT PORTION DEEDED TO TAE MONTANA DEPARTMENT OF TRANSPORTATION IN BARGAIN AND SALE DEED, RECORDED NOVEMBER 29,1999, AS DOCUMMENT N0. 1999-333-08390. INITNESS WHEREOF, said party has caused their name to be subscribed hereto on this 2q, day of June, 2007. .- MARGARET J. BOSSARD I J A ad A f4. 0 fiAn-,,� _,i,10 Date: 0 6 *'00. Ll 4 -01w T)nfw A z 17.�_ �"l A - /,A,) "'-? GRAC M. BROOKS i � Date: 26 01 CLARK FORK M., ICAL ASSOCIATES, PC SECTIO.".l(k P OF T SHARING PLAN By:Date: t � (� r1 Cif Frank L'Walker,'Trustee STEPHEN S. ELLIS, M.D., P.C. EMPLOYE E D and RESTATED PENSION PLAN Ile 00,� Date: 0 7 j Stephen S. EM's, Trustee SCOTT LER DDS, PC RETIREMENT TRUST By:TDate: 2�i D 1 ott D. Er r, Trustee .... Date: J 8c C, LLP ' By: �� l C� Date: J. ariss Crawford, PaVtner I e�� Si NTE P ISES, LLP 401K RETIREMENT PLAN v By. Date: Barbara L. Si risen, Trustee TRIPP LUMBER COMPANY, INC. EMP E PENSION D PROFIT SHARING PLANS STATE OF MONTANA ) ss County of Ravalli ) This instrum woo acknowledged before me on the 1 � day of L44,.k, 2007, by Walker J. trustee for the ASHCRAFT and MORELAND, P.C., 401K PLAN, on behalf of the trust. STATE OF MONTANA ) ss County of Silverbow ) This instrument was acknowledged before me on the� o dayf �jpL'11,Q�, 2007, by FLOYD C. BOSSARD, MARGARET J. BOSSARD and JANICE M. ELLIOTT. STATE OF MONTANA ) SS County of Missoula ) This instrument was acknowledged before me on the ' �' day of di4i�-Al 2007, by C. RUSSELL BROOKS and GRACE M. BROOKS. (+ 6 r g LA Notary Public for the StA of Montana Printed Name. , at: 16oi.441,�L 4 <h. Residing A rB. ireCommission x fres; l/'-Se►�/20 STATE OF MONTANA ) ss County of Missoula ) This instrument was acknowledged before me on the ay of 2007. bv Frank STATE OF MONTANA County of Ravalli This instrument was acknowledged before me on the ay of J,0,u.�, 2007, by Stephen S. Ellis, the trustee for the STEPHEN S. ELLIS, M.D., P.C., EMPLOYEES AMENDED and RESTATED PENSION PLAN, on behalf of the trust. STATE OF MONTANA : ss County of Missoula This instrument was acknowledged before me on the day of 2007) by Scott D. Erler, the trustee for the SCOTT D. ERLER DDS, PC RETIREMENT TRUST, on behalf of the Crus, 0\\\"5U NO NO (S Yi'II W ''na"{U dear A OF Itl1wM p.•3• � a a n tlPiFR#N�i... STATE OF MONTANA : s County of Flathead This instrument was acknowledged before me on the (day of , 2007, by John A. Donovan, partner of ESSEX VENTURES, LLP, on behalf of the limited liability partnership. , (SEAL) STATE OF MONTANA SS County of Flathead ) Notary * ubne for the State o �I Printed Larne: �9 9 Residing at: ., rf. A MI Commission Exp res:_]S � /2o STATE OF MONTANA ) ss County of Missoula ) This instrument was acknowledged before me on the day of, 2007, by David R. Peterson, the trustee for the QUALITY SUPPLY, INC., PROFIT SHARING PLAN and TRUST, on behalf of the trust. Now, 1W (SEAL) ,. Notary Public for the State o Montana J Printed Name: S Residing at: My Commission Aires.- lk/ /r/20 P1 STATE OF MONTANA ) ss County of This instrument was acknowledged before me on the day of 2007, by Barbara L. Simonsen, the trustee for the SIMONSEN ENTERPRISES, LLP 401K RETIREMENT PLAN, on behalf of the trust. (SEAL) STATE OF MONTANA ) ss County of Missoula ) Notar bii'c fort 'e 'State of �{ Printed Namet residing at:................... ..... ...... . . . L. My Commission fires: /20L'%L_ This instrument was acknowledged before me on the day of �, 2007, by David A. Tripp, the trustee for the TRIPP LUMBER COMPANY, INC., EMPLOYEE PENSION AND PROFIT SHARING PLANS, on behalf of the trust. J444 T. i„ lic' 1. Montana ��1o�ary PubLof tree Stae u Printed Name: SE1* Residing at: L6%4 My Commission Ei fres: 120 4 i