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Staff Report/Final Plat for Amended Plat of Lot 1REPORT TO: FROM: SUBJECT MEETING DATE: City of Kalispell Planning Department 17 - 2°d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Final Plat for the Amd Plat of Lot 1 of the Amended Plat of a Portion of Gateway West Addition #34 AKA: Cascade Business Park May 1, 2006 BACKGROUND: This is a request from Schwarz Engineering for final plat approval of the Amd Plat of Lot 1 of the Amended Plat of a Portion of Gateway West Addition #34 AKA: Cascade Business Park Subdivision that plats 6 commercial lots on approximately 11.3 acres. The property is located south of Two Mile Drive, west of the Gateway West Mall and north and east of the existing Crop Hail Building in Kalispell. The property can be described as the Amended Plat of Lot 1 of the Amended Plat of a Portion of Gateway West Addition 34 located in Section 12, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Council approved this subdivision subject to 15 conditions on December 20, 2004. All of the conditions have been adequately met or otherwise adequately addressed. A Subdivision Improvements Agreement along with a certificate of deposit in the amount of $8,437.50 has been submitted with this plat to address 125% of the cost to install street trees, a cluster mailbox unit, signs and seeding of the boulevard. The improvements are anticipated to be completed by April 10, 2007 with the certificate of deposit expiring 60 days after the anticipated completion date. The Kalispell Public Works Department and Parks and Recreation Department have reviewed and approved the estimated costs to complete the items listed in the SIA. RECOMMENDATION: A motion to approve the final plat for the Amd Plat of Lot 1 of the Amended Plat of a Portion of Gateway West Addition #34 AKA: Cascade Business Park Subdivision and to accept the Subdivision Improvements Agreement would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully s itted, Sean Conrad Senior Planner Report compiled: April 24, 2006 Attachments: Letter of transmittal James H. Patrick City Manager Final plat application and supporting documents City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com April 24, 2006 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Final Plat for the Amd Plat of Lot 1 of the Amended Plat of a Portion of Gateway West Addition #34 AKA: Cascade Business Park Dear Jim: Our office has received an application from Schwarz Engineering for final plat approval of the Amd Plat of Lot 1 of the Amended Plat of a Portion of Gateway West Addition #34 AKA: Cascade Business Park Subdivision that plats 6 commercial lots on approximately 11.3 acres. The property is located south of Two Mile Drive and west of the Gateway West Mall north and east of the existing Crop Hail Building in the west part of Kalispell. The property can be described as the Amended Plat of the Amended Plat of Part of Gateway West Addition 34 located in Section 12, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Council approved this subdivision subject to 15 conditions on December 20, 2004. All of the conditions have been adequately met or otherwise adequately addressed. A Subdivision Improvements Agreement (SIA) along with a certificate of deposit in the amount of $8,437.50 has been submitted with this plat to address 125% of the cost to install street trees, a cluster mailbox unit, signs and seeding of the boulevard. The improvements are anticipated to be completed by April 10, 2007 with the certificate of deposit expiring 60 days after the anticipated completion date. The Kalispell Public Works Department and Parks and Recreation Department have reviewed and approved the estimated costs to complete the items listed in the SIA. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. Condition No 1. That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots and accesses. ® This condition has been met. The final plat is in substantial compliance with the preliminary plat that was submitted. The Council approved an 8 lot commercial subdivision in December of 2004. The final plat has been modified slightly to create a larger lot 3 thus eliminating lots 4 and 5 as shown on the preliminary plat. Also, the boundary of lots 4 and 5 as shown on the final plat have been altered slightly. Condition No 2. That the infrastructure for the subdivision shall be designed and constructed in compliance with the City of Kalispell's Design and Construction Standards for local streets which shall include a minimum 24 foot wide paved roadway, curb, gutter, sidewalk and a landscape boulevard. Except that a variance shall be granted allowing a 40 foot right-of-way for the full length of Financial Drive with the improvements to be reviewed and approved by the Kalispell Public Works Department that include a minimum 24 foot wide paved roadway, curb, gutter and attached sidewalk on both sides of the street. Street trees are to be placed along the western side of Financial Drive within the previously required 20 foot right-of-way. Certification from an engineer licensed in the state of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly ® A letter dated April 11, 2006 from the Kalispell Public Works Department states that the Department has approved the existing completed improvements except those listed in the Subdivision Improvement Agreement. A letter was included in the final plat application from Marc Pitman, P.E., of Schwarz Engineering stating that all improvements have been installed per the approved plans. Condition No. 3. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all improvements including sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been review and approved for compliance with those standards. ® A letter from the Kalispell Public Works Department dated April 14, 2005 states that the Department has reviewed and approved the and plans specifications for the subdivision. This includes the items listed in condition 3. Condition No. 4. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all improvements including sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been review and approved for compliance with those standards. ® Condition is met. Same as condition #3. Condition No. 5. A letter from the Kalispell Public Works Department shall be obtained which states that a storm water drainage plan which addresses storm water management using on -site retention methods has been reviewed and approved. ® A letter from the Kalispell Public Works Department dated April 14, 2005 states that the Department has reviewed and approved the plans and specifications for the subdivision. This includes a storm water drainage plan. Condition No. 6. That the 100-year floodplain along the Spring Creek drainage be indicated on the face of the final plat and prohibiting the placement of structures in this area. ® The 100-year floodplain is shown on the final plat. A statement also appears on the final plat prohibiting structures to be placed within the 100-year floodplain. Condition No. ?. That a common mail facility be located for the subdivision and be approved by the local postmaster. ® This condition is met. The post office has required a central box unit (CBU) be placed along Financial Drive to serve the subdivision. The owners have included the cost of purchasing and installing the CBU in their SIA. Condition No. S. The roads 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. ® This condition is met. Although the Subdivision Improvement Agreement lists signs as one of the outstanding items needing to be completed, the signs have been installed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual. Condition No. 9. That a letter be obtained from the Kalispell Fire Department approving the number and location of fire hydrants within the subdivision, the access and suppression system and compliance with the Uniform Fire Code. ® This condition is met. The Kalispell Fire Department, in a memo dated April 5, 2006, stated that they have approved the fire hydrant locations, access and suppression systems for the subdivision. Condition No. 10. That any areas disturbed during construction be re - vegetated with a weed -free mix in accordance with a plan approved by the Kalispell Parks and Recreation Department. ® This condition is met. The majority of infrastructure is in place and remaining items will not disturb the soil. Condition No. 11.That an easement be indicated on proposed Lots 1 and 2 to accommodate the water line that runs through the lots and that a building pad area be designated on the plat that ensures that no structure would be placed over the easement. ® This condition is met. An easement is shown on the final plat to accommodate the water line on lots 1 and 2. Building pads were required to be shown on the final plat because during preliminary review a water line was located in the buildable area of lots 1 and 2. The water line has since been relocated to the easement shown on the boundary lines of the lots. Therefore, there is no need to show the building pads on the lots. Condition No. 12.All new utilities shall be installed underground. ® This condition is met. All utilities have been installed underground. Condition No. 13. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. ® This condition is met. The installed lighting is shielded so it does not intrude unnecessarily onto adjoining properties. Condition No. 14.That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. ® This condition has been met. The only work remaining is to install street trees, landscaping in the boulevards and the mailbox. Condition No. 15.That the preliminary plat shall be valid for a period of three years from the date of approval. ® This condition has been met. The preliminary plat will expire on December 20, 2007. The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the Kalispell City Council on December 20, 2004. This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the B-3, Community Business District, zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. • •. It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for the Amd Plat of Lot 1 of the Amended Plat of a Portion of Gateway West Addition #34 AKA: Cascade Business Park Subdivision. Please schedule this matter for the regular city council meeting of May 1, 2006. Sincerely, Sean Conrad Senior Planner Attachments: 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 copy of final plat Letter from Schwarz Engineering Final plat application dated 4 / 11 / 06 Ltr from Montana DEQ dated 4/25/05 Ltr from USPS dated 11/10/05 Ltr from Kalispell Fire Dept dated 4/5/06 Ltr from Kalispell Parks Dept dated 4 / 10 / 06 Ltr from the Kalispell Public Works Department 4/14/05 Ltr from the Kalispell Public Works Department 4/14/05 dated dated Ltr from the Kalispell Public Works Department dated 4/11/06 Ltr from Marc Pitman of Schwarz Engineering dated 4/5/06 Title report from Chicago Title Insurance Policy No. 7208926-1317 dated 3 / 29 / 06 Consent to plat from Whitefish Credit Union dated 3 / 31 / 06 Consent to plat from Mountain West Bank of Kalispell dated 4/20/06 Treasurers Certification dated 3/30/06 Subdivision improvements agreement dated 4 / 10 / 06 for $8,437.50 11 x 17" Copy of plat Copy w/ att: Theresa White, Kalispell City Clerk Copy w/o att: Schwarz Engineering, 100 Financial Drive, Suite 120, Kalispell MT 59901 100 Financial Drive LLC, 5156 W Golden Oak Lane, Highland UT 84003 ARCHITECTURE April 6, 2006 Tom Jentz Kalispell Planning repartment 1'7-2"d Street East, Suite 211 Kalispell, Mt 5CIa01 Re: Cascade Business Park Final Plat near Mr. Jentz; submitted for your review is the Cascade Business Park Final Plat. This plat is an 6 lot major subdivision in Kalispell off Financial wive, in section 12, Township 28 North, Range 21 West. Preliminary approval was given by the City Council on recember 20, 2004 subject to 15 conditions. A Subdivision Improvements Agreement and cahiers check are attached for the remainder of the improvements. Street trees, road signs, seeding, lighting and a cluster box with pedestal are all part of that agreement. #1 - The development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots and access. The condition has been met. The layout design has been somewhat modified but was not deemed a substantial deviation by the Planning Department. #2 - That the infrastructure for the subdivision shall be designed and constructed in compliance with the City of Kalispell's resign and Construction Standards for local streets which shall include a minimum 24 foot wide paved roadway, curb, gutter, sidewalk and a landscape boulevard. Except that a variance shall be granted allowing a 40 foot right-of-way for the full length of Financial wive with the improvements to be reviewed and approved by the Kalispell Public Works repartment that include a minimum 24 foot paved roadway, curb, gutter, and attached sidewalks on both sides of the street. Street trees are to be placed along the western side of Financial wive within the previously required 20 foot right-of-way. Certification from an engineer, licensed in the state of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly. The condition has been met. The roadway is 24 feet and paved, including curb, gutter and sidewalk. The landscape boulevard and trees are included in the Subdivision Improvements Agreement. m Z n z 5CHWARZ m m _77 Z n SCHWARZARCH ITECTURE AND ENGINEERING, INC. 100 Financial Dr., Suite 120 - Kalispell, MT 59901 Tel: 406.755.1333 - fax: 406.755.1310 - www.schwarzae.com ARCHITECTURE M #5 - That a letter from the Kalispell Public Works department shall be ti=' z obtained which states that the proposed plans and specifications all SCHWARZ m improvements including sewer facilities, road paving, curbs, gutters, � sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and construction Standards and have been reviewed and approved for compliance with those standards. • The condition has been met. The Public Works letter of approval is attached to this submittal. #4 - Same condition as #5. #5 - A letter from the Kalispell Public Works Department shall be obtained which states that a storm water drainage plan which addresses storm water management using on -site retention methods has been reviewed and approved. • The condition is met. A letter from Public Works is attached approving the storm water drainage, water, sewer, paving, curb and gutter. #6 - That the 100-year floodplain along the Spring creek drainage be indicated on the face of the final plat and prohibiting the placement of structures in this area. • The condition is met. The 100-year floodplain is clearly delineated on the face of the final plat. #1 - That a common mail facility be located for the subdivision and be approved by the local postmaster. • The condition is met. The letter from the postmaster approving mail delivery is attached. The cluster box and pad are included in the 51A. #8 - The roads 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. • The condition is met. The streets are named on the final plat. The road signage is part of the SIA. #q - A letter be obtained from the Kalispell Fire Department approving the number and location of fire hydrants within the subdivision, the access and suppression system and compliance with the uniform Fire code. • The condition is met. A letter is attached by the Kalispell Fire Department approving fire suppression until site review is done on each lot SCHWARZ ARCH ITECTU RE AN D ENGINEERING, INC. 100 Financial Dr., Suite 120 - Kalispell, MT 59901 Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.corn ARCHITECTURE 0777-1 m #10 - That any areas disturbed during construction be revegetated with a Z weed -free mix in accordance with a plan approved by the Kalispell Parks scHwARz m and Recreation Pepartment. 77 Z • The condition is met. The attached plan was approved by the Kalispell C\ Parks and Recreation Pepartment. The improvements are part of the SIA. #11 - That an easement be indicated on proposed lots 1 and 2 to accommodate the water line that runs through the lots and that a building pad area be designated on the plat that ensures that no structure would be placed over the easement. • The condition is met. The easement is indicated on the face of the final plat. #12 — All new utilities shall be installed underground. • The condition is met, all utilities are installed underground. #15 - Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. • The condition will be met through the SIA agreement. All lighting will be installed that is shielded and does not intrude onto adjoining properties. See SIA. #14 - That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • Over two-thirds of the work has been completed. All that remains is landscaping, lights, trees, a cluster mailbox and road signs. All are included in the SIA. #15 - That the preliminary plat shall be valid for a period of three years from the date of approval. • The condition is met. The final plat has been submitted well before the December 20, 200'7 expiration date. SCHWARZ ARCHITECTURE AND EN6INEERIN6, INC. 100 Financial Dr., Suite 120 Kalispell, MT 59901 - Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.com ARCHITECTURE The title report, tax certificate, VEO approval and other necessary letter �w of approval are attached. Your timely review is appreciated. Please do ARZ not hesitate to call with any questions. Sincerely, .John rison orn Schwarz Architecture and Engineering SCHWARZARCH ITECTUREAND ENGINEERING, INC. 100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.com City of Kalispell Planning Department nd 17 - 2 Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Amended Plat Lot 1 of the Amended Plat of a Portion of Gateway Project /Subdivision Name:_CASCADE BUSINESS PARK West Add #34 Contact Person: Owner & Mailing Address: Name:_JOHNA MORRISON, SCHWARZ ENGINEERING 100 FINANCIAL DRIVE LLC Address:100 FINANCIAL DRIVE, SUITE 120 5156 W GOLDEN OAK LANE KALISPELL, MT 5ac101 HIGHLAND, UT 84005 Phone No.: 755-155S Date of Preliminary Plat Approval: DECEMBER 20, 2004 Type of Subdivision: Residential Industrial Commercial _&_PUD Other Total Number of Lots in Subdivision 6 Land in Project (acres) 11.5 ACRES Parkland (acres) _N/A Cash -in -Lieu $. No. of Lots by Type: Single Family Duplex Townhouse Apartment Commercial 6 Industrial Exempt Mobile Home Park Recreational Vehicle Park Planned Unit Development Condominium Multi -Family Other Legal Description of the Property _LOT 1 OF THE AMENDED PLAT OF PART OF THE GATEWAY WEST ADDITION #54 FILING FEE ATTACHED $_1250.00_ Minor Subdivision with approved preliminary plat $400 + $100/lot Major Subdivision with approved preliminary plat $650 + $100/lot Subdivisions with Waiver of Preliminary Plat $600 + $100/lot Subdivision Improvements Agreement $ 50 1 Attached Not Applicable (MUST CHECK ONE) _X Health Department Certification (Original) 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 I IX17 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 how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days 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 plat applications be accompanied with a digital copy. Owner(s) Signature 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: 1. 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. Montana Department of kft..- ENVIRONMENTAL QUALITY P.O. Box 200901 Helena, MT 59620-0901 April 25, 2005 Schwarz Architecture & Engineering inc Marc Liechti 100 Financial Dr Suite #120 Kalispell MT 59901 Dear Mr Liechti: Brian Schweitzer, Governor • (406) 444-2544 www.deq.mt.gov RE: Amended Plat of Amended Plat of Part of Gateway West Addition 34 Municipal Facilities Exclusion EQ#05-2639 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 176-4-111 (3), MCA). Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Public r Supply 'Section, Kalispell. (1f�refortheirreviaNz7. This iiie has been mailed to i�EQ, rul7iiL Water .�uYyiy vC�.�Ivi,, l._,�� ., Sincerely, Panet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 —email jskaarland@state.mt.us cc: City Engineer County Sanitarian file RECEIVED APR 2 8 2005 Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division UNITED STATES POSTAL SERVICE 350 N MERIDIAN RD KALISPELL, MT 59901-9998 November 10, 2005 Schwarz Architecture & Engineering, Inc. Jeff Goudreau 100 Financial Dr, Ste 120 Kalispell, MT 59901 To Whom It May Concern: Centralized delivery has been approved for Cascade Business Park, located on Cascade Drive. As agreed, at least one 16 unit Cluster Box Unit (CBU) will be purchased by the developer, based on the plat map provided. As the developer, you are responsible for obtaining accurate delivery addresses, including future growth. Once this information is available, you will promptly notify the Post Office so that mail delivery can be established. The developer will ensure the site approved for mail delivery will allow the carrier to deliver mail with out being within the traffic flow (see attached map, 15 ft in after the turn into cul-de-sac). An extension to the width of the side walk north of the CBU will be added in order to meet handicap regulations. If you have any further questions, you may contact me at 755-6450. Sincerely, Susii Carter Growth Management RECEIVED NOV 14 2005 KALISPELL FIRE DEPARTMENT Randy Brodehl - Fire Chief Brent l.. Christopherson - Assistant Chief/Prevention Dan Diehl — Assistant Chief/Operations 312 First Avenue East Kalispell, Montana 59901 (406)758-7760 FAX: (406) 758-7952 TO: TOM JENTZ, PLANNING DIRECTOR FROM: BRENT L. CHRISTOPHERSON, ASSISTANT CHIEF/PREVENTION ' DATE: APRIL 5, 2006 SUBJECT: CASCADE BUSINESS PARK, 100 FINANCIAL DRIVE -FINAL PLAT APPROVAL We have the following comments on the above project: 1. Water mains designed to provide minimum fire flows are installed on Financial Drive. As the business park is developed, additional water mains may be required to achieve minimum fire flows in accordance with International Fire Code (2003) Appendix B. 2. As the business park is developed, existing hydrants may require relocation, and additional hydrants may be required. In the event additional hydrants are required, they will be installed at locations approved by this department, and prior to combustible construction. 3. Fire Department access is currently adequate, but is subject to review and comment as the business park develops. Please contact me if you have any questions. I can be reached at 758-7763. Vic. Johna Morrison, Schwarz Engineering "Assisting our community in reducing, preventing, and mitigating emergencies. " G�ty of xaliSA.... 35 1 s Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7718 Fax: (406) 758-7719 Email: parknrec@kalispell.com Parks and Recreation April 10, 2006 Schwartz Architecture Engineering Attn: Johna Morrison, 100 Financial Drive, Suite 120 Kalispell, MT 59901 Phone: 406-755-1333 Re: Cascade Business Park Dear Johna: This letter is to serve as approval on the proposed landscaping plans for Cascade Business Park 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 building(s) at Cascade Business Park. Tree plantings are required to meet the Street Tree Ordinance standards of 2 %4n caliper and of an approved species from the Kalispell Parks department planting list. Boulevards are to be seeded or sodded to meet city standards. Bushes to be used as buffers are required to be of planting materials that will reach screening heights to act as adequate buffers. Should you need direction on appropriate bushes for screening purposes, please do not hesitate to contact our office. 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, Mich er, Director Kalispell Parks and Recreation Cc: Tom Jentz, Kalispell Planning City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 April 14, 2005 Schwarz Architecture & Engineering 100 Financial Drive, Suite # 120 Kalispell, Montana 59901 Attention: Marc Liechti RE: AMD Plat of AMD Plat of Part of Gateway West Add. 34 Kalispell, Montana Dear Marc: The construction plans and supporting documents for the referenced project are hereby approved with the following comments: 1. Sheet C 102 — In cul de sac, insure that the pavement grade is 2% and the minimum curb grade is 0.5%. 2. Sheet C 106 — At curb detail on left side under manhole detail, change compaction of asphalt pavement to 95%. At right side of sheet, delete one of the street cross section details and change the compaction of the -3/4" stone to 95%. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department. We look forward to working with you on this project. Sincerely, Frank Castles P.E. Assistant City Engineer Attachment: As Stated RECEIVED APR 15 2005 City of Kalispell Public Works Department Post Office Box 1997. Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 April 14, 2005 Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Montana 59901 Attention: Dick Montgomery, P.E. RE: AMD Plat of AMD Plat of Part of Gateway West Add. 34 Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the plans and specifications prepared by Schwarz Architecture & Engineering, for the referenced project. The Kalispell water and sanitary sewer systems have adequate capacity to serve the project. Please feel free to call if you have any questions. Sincerely, Frank Castles, P.E. Assistant City Engineer cc: Marc Liechti Schwarz Architecture & Engineering City of Kalispell Public Works Department Post Office Boa 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 April 11, 2006 100 Financial Drive LLC 100 Financial Drive, Suite 300 Kalispell, Montana 59901 Re: Cascade Business Park The Amended Plat Lot 1 of the Amended Plat of a Portion of Gateway West Addition No. 34 Kalispell, Montana Attention: Marc Pitman, P.E. Gentlemen: �ECEodED APR 17 2006 KALISPELL PLANNING DEPARTMENT The City of Kalispell Public Works Department hereby approves the existing, 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 based on the following: 1. Schwarz Architecture and Engineering, Inc., letter dated April 5, 2006, certifying that the improvements within the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the approved plans and specifications. 2. Our video records of the sanitary sewer system. 3. Receipt of a Subdivision Improvement Agreement, Exhibit B, which contains the total estimated construction costs plus 25 percent covering the estimated costs for the remaining Mail Box, Seeding, Trees, and Signs. The Subdivision Improvement Agreement, Exhibit B, is certified by the Subdivision Improvement Agreement to being an accurate accounting of anticipated costs for the remaining improvements. Paragraph 3.b. of the Subdivision Improvement Agreement shall be understood to contain a two (2) warranty period. Financial security in the amount of 20% of the completed city owned infrastructure has been received. The two year warranty period for the City owned and maintained existing, completed improvements will commence on April 11, 2006. The two year warranty period for the remaining construction will commence upon acceptance by the City of the completed constructed improvements in accordance with approved plans and specifications. If you have any questions, please do not hesitate to contact this office. Sin r ly, Frank Castles, P.E. Assistant City Engineer Cc: Sean Conrad Kalispell Planning Office ARCHITECTURE 0 April 5, 2006 Frank Castles, P.E. City of Kalispell Public Works Department P.O. Box 1997 Kalispell, MT 59901-1997 Re: Cascade Business Park Subdivision Dear Frank: We hereby certify that we have inspected the improvements to Cascade Business Park. To the best of our knowledge and belief, we have found those improvements not included in the Subdivision Improvement Agreement to be in substantial conformance with the approved plans and specifications. A two Year Warranty Bond in the amount of 20% of the cost of the infrastructure improvements will be submitted with the final plat. Sincerely, SCHWARZ ARCHITECTURE & ENGINEERING, Inc. Marc Pitman, P.E. \\Saeserver\documents\Project Files\cascades\Inspection\Certification Letter to Frank Castles, April 5, 2006.doc SCHWARZ ARCHITECTURE AND EN6INEERIN6, INC. 'OL 100 Financial Dr., Suite 120 Kalispell, MT 59901 Tel: 406.755.1333 Fax: 406.755.1310 - www.schwarzae.com m Z n z m m 7) Z n CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, MOUNTAIN WEST BANK OF KALISPELL, N.A., Beneficiary as recorded May 25, 2004 as Instrument No. 200414616370, Flathead County, Montana, hereby consent to platting and dedication of land included in the plat of CASCADE BUSINESS PARK. IN WITNESS THEREOF, said parties have caused their names to be subscribed thereto, on this �LQ-0� day of Q QZ , 2006. MOUNTAIN WEST BANK OF KALISPELL, N.A. By: C_` �- � Richard E. Hart, President STATE OF MONTANA ) Ss: COUNTY OF FLATHEAD ) This instrument was acknowledged before me n _ � 1 �J C 2006 by L� %i, _. 8a� /��'f Mountain West Bank of Kalispell, N. A. ��°�oaSzVE uuuurryyuU���w Printed Name ®zNotary Public for the State of Montana Y 0 Residing at Kalispell _ °°°••••�•°°°•®�o``��My Commission Expires: Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY. MARQUARDT FOR: 100 FINANCIAL DRIVE LLC DATE. 8/10/05 & CASCADE INVESTMENTS LLC DESCP: GATEWAY WEST ADD NO.34 AMD. PURPOSE: AMD. SUB. LOT 1 OF AMD PTN. (Cascade Professional Center Condo,12-28-22) YEARS ASSESSOR # 2000 THRU 2004 0797375 ..._.._...__ ...�__..._.__.....__ .- .oa4��.�g_-idssu.�..�osa.�1.°.��---..,.--•--- • I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. _ Deputy Treasurer 1 j (seal) & MAR 3 0 200S. - - ---- i ., ..a. I - -- I ..i....a..-.ice Jvl IWH1\4- rput UZ Pursuant to Section 16-5-612, MCA, the undersigned, kNHITEFIeH GKIT UNION, Seneficiary as recorded �Ianuary 2, ;2003 c9 Instrument No. 2003-- 00 T1 1?0, F!ath+ad County, �; iota a, hereby consent to platting and dedication Of land included in the plat of C-AeC PE SUBIN SS F> KKi IN WITNESS THSR3OF, said parties have caused their names to be subscribed thereto, on this aL day Of 2006. STA'rE OF MONTANA) so. County of Flathead) This instrument was acknowledged before me on of Whitefish Credit Union., Notary Public for the %9tle of Residiing at i My Commission expires PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208926- 1317 REPLACES 72089-26-1293 CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of Ka 1 is p e l 1 in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 2 9 t h day of March ° 2 0 0 6 , at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: see attached Exhibit "A" subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $ 10,000.00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. Issued by: STERLING TITLE SERVICES 211 South Main Street, P.O. Box 73 Kalispell, MT 59903 Phone: (406) 752-7000 Fax: (406) 752-7207 (Title) Fax: (4061257-5663 (Escrow) www.sterlin;:�sitie:servicc,s.com E-mail: infalt: sfvriirgtitiest ,yiceS.C_0M Authori ignator CHICAGO TITLE INSURANCE COMPANY PraskWA ATTEST 1 41 A seasixy Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana EXHIBIT "A" 100 Financial Drive, LLC, A Colorado Limited Liability Company who acquired title as 100 Financial Drive, LLC, A Montana Limited Liability Company and Cascade Investments, L.L.C., A Montana Limited Liability Company As their interests may appear 1 Page 2 Certificate No.: 7208926-1317 Replaces 7208926-1293 Our File No.: CG-43104 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: Lot 1 of THE AMENDED PLAT OF A PORTION OF GATEWAY WEST ADDITION NO. 34 according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. To be known as: THE AMENDED PLAT OF LOT 1 OF THE AMENDED PLAT OF A PORTION OF GATEWAY WEST ADDITION NO. 34 Page 3 Certificate No.: 7208926-1317 Replaces 7208926-1293 Our File No.: CG-43104 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes for the second half of the year 2005. (as to a portion) 2. Property taxes, including any assessments collected with the taxes, for the year 2006. 3. Reservations in Patents or the acts authorizing the issuance thereof. 4. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other rights relating thereto, whether express or implied, recorded or unrecorded. 5. Delinquent water and sewer charges of the City of Kalispell, if any. 6. Any claim arising from the difference in the mean low water of Spring Creek and the meander line as shown by the Government Survey. 7. The right of use, control, or regulation by the United States of America in exercise of power over navigation. 8. Rights of the State of Montana in and to that portion of the land, if any, lying in the bed or former bed of the Spring Creek, if it is navigable. 9. Right of the Public to use, for recreational and navigational purposes, any portion of said premises lying below or beyond the line of high-water of Spring Creek, or lying below or beyond any government meander line, together with the right to use portions of said premises lying above the high-water line to portage around any barriers. 10. Any easements for ditches and any rights appertaining thereto; notice given by Water right recorded September 15, 1983 in Book 36, page 482, records of Flathead County, Montana. 11. Notice of Appropriation of Water Right recorded May 28, 1949 in Book 302 page 428 and conveyance of water rights, contained in instrument recorded December 6, 1972 under Recorder's Fee #11767, in Book 547, page 57, records of Flathead County, Montana. Page 4 Certificate No.: 7208926-1317 Replaces 7208926-1293 Our File No.: CG-43104 12. Easement for transmission line and related purposes granted to Mountain States Power Company, by instrument recorded March 30, 1951 under Recorder's Fee #1527, in Book 317, page 574, and recorded March 30, 1951 under Recorder's Fee #1528, in Book 317, page 576, and recorded March 30, 1951 in Book 317, page 582, all records of Flathead County, Montana. 13. Terms and provisions contained in Reciprocal Easement Agreement recorded February 6, 1976 under Recorder's Fee #1188, in Book 591, page 868, and amended by instrument recorded February 3, 1984 as Document #840341641, records of Flathead County, Montana. 14. Easement for ingress, egress, utility and parking purposes, granted in instrument recorded February 20, 1976 under Recorder's Fee #1667, in Book 592, page 911, records of Flathead County, Montana. 15. Easement for transmission line and related purposes granted Northwestern Telephone Systems, Inc., by instrument recorded July 8, 1976 under Recorder's Fee #7338, in Book 598, page 863, records of Flathead County, Montana. 16. Existing water main and sewer line as shown on the Amended Plat of a Portion of Gateway West Addition No. 34 and ALTA/ACSM survey dated September 27, 1993. 17. Easement for underground water main, sewer line and distribution lines, granted in instrument recorded May 1, 1984 as.Document #8412211300, and granted in instrument recorded February 28, 1985 as Document #8505914200, records of Flathead County, Montana. 18. Easement for ingress and egress, reserved in instrument recorded July 19, 1984 as Document #8420116200, records of Flathead County, Montana. 19. Easement for transmission line and related purposes granted Northwestern Telephone Systems, Inc., by instrument recorded February 22, 1985 as Document #8505311580, records of Flathead County, Montana. 20. Easement for transmission line and related purposes granted Northwestern Telephone Systems, Inc., by instrument recorded February 22, 1985 as Document #8505311590, records of Flathead County, Montana. 21. Easement for transmission line and related purposes granted Pacific Power & Light Company, a corporation, recorded April 16, 1985 as Document #8510610580, records of Flathead County, Montana. Page 5 Certificate No.: 7208926-1317 Replaces 7208926-1293 Our File No.: CG-43104 22. Easement for ingress and egress for the purpose of construction, alteration, improvement operation, maintenance and repair of water and sewer mains, granted in instrument recorded August 26, 1985 as Document #8523813160, records of Flathead County, Montana. 23. Easement for transmission line and related purposes granted Pacific Power & Light Company, a corporation, recorded November 15, 1985 as Document #8531914330, records of Flathead County, Montana. 24. Terms and provisions contained in Ordinance No. 1259, regarding the West Side Urban Renewal Plan for the City of Kalispell, recorded September 3, 1997 as Document #199724609380, and Ordinance No. 1347, regarding modification of the Kalispell Montana Urban Renewal Plan, recorded February 11, 2000 as Document #200004215080, records of Flathead County, Montana. 25. Existing gas main as shown on ALTA/ACSM survey dated September 27, 1993. 26. Garden area encroachment as shown on the ALTA/ACSM survey dated September 27, 1993. 27. Location of utility, water and sewer easements and power poles as shown on Correction Certificate of Survey #14646. 28. Deed of Trust dated December 24, 2002 to secure payment of $1,200,000.00, together with interest and any other obligations secured thereby, recorded January 2, 2003 as Document #200300215120, records of Flathead County, Montana. Grantor: S. Cameron Calder and Rulon Nixon Trustee: Sterling Title Services, Inc. Beneficiary: Whitefish Credit Union Association 29. Terms, provisions, limitations and conditions imposed by the Montana Unit Ownership Act. 30. Any lease or management agreement relative to the condominium described herein. 31. All covenants, conditions, restrictions, limitations, exceptions, reservations, rights, terms, provisions, obligations, powers, easements, rights -of -way, liens and charges contained in or obligated by Declaration of Unit Ownership of Cascade Professional Center, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant (1) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, recorded May 11, 2004 as Document #200413209210, records of Flathead County, Montana, and any amendments thereto. Page 6 Certificate No.: 7208926-1317 Replaces 7208926-1293 Our File No.: CG-43104 32. The failure of the Declaration of Unit Ownership concerning the condominium herein described to disclose the exact location or dimensions of each unit or the exact location of the condominium on the property. 33. Terms and provisions regarding the sale or leasing of units, contained in instrument recorded May 25, 2004 as Document #200413209210, records of Flathead County, Montana. 34. Deed of Trust dated May 25, 2004 to secure payment of $281,319.10, together with interest and any other obligations secured thereby, recorded May 25, 2004 as Document #200414616370, records of Flathead County, Montana. Grantor: Cascade Investments, L.L.C., A Montana Limited Liability Company Trustee: Sterling Title Services Beneficiary: Mountain West Bank of Kalispell, N.A. (as to a portion) 35. Assignment of Lease executed by and between Cascade Investments, L.L.C., A Montana Limited Liability Company and Mountain West Bank of Kalispell, N.A., recorded May 25, 2004 as Document #200414616380, records of Flathead County, Montana. 36. Lease dated May 5, 2004, and any extensions or renewals thereof, disclosed by instrument recorded May 25, 2004 as Document #200414616380, records of Flathead County, Montana. Lessor: Cascade Investments, L.L.C. Lessee: Hammer, Hewitt and Sandler, P. L. L. C. 37. Dedicated city street known as Financial Drive, as shown on Certificate of Survey #8057, Correction Certificate of Survey #14646, the unrecorded Amended Plat Of Lot 1 Of The Amended Plat of A Portion Of Gateway West Addition No. 34 and County Assessor's Map. 38. Additional 15 foot underground gas line easement as shown on the unrecorded Amended Plat Of Lot 1 Of The Amended Plat of A Portion Of Gateway West Addition No. 34. 39. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. ADD 9147 ; -° F `D Dn , MAN ADD 9111 LIBERTYR APARTMENTS ¢ PI ES 7 12 56E r VILLAGE _ 4 4 - 6 13 2 AMD ty4WTri N _ Y Z '+YES-;' HAWTHORN BING CT MONTANA POWER ADD. 2MA < WEST xi HNYTH T iYEST it 5 e. 2 � IFd . SCB a5CEA 2L ZM ,a�-�}—t rn 4.. a y.L; '� AMD l THIS SKE F CH IS , U��IL!lSi�EG OR 5. T e s ® p �t 3. ,P ff Q INFORh� IOf�I P F'OSES ONLY TO ASSIST I 3 I� _ A ,. `D:�fi2s FR04R Y LOCA !ON 'W I H REFERENCE TO - STREETS AND 0 HER PARCELS. NO P RT Vli i r-�. f- IT�I Y r I _ AS TO AGCURAC YELLOWSTONE ST A �,• JLNBURST.CT lid Iv.ALC e 5 3 i 2 � AQLa STE 1-I2�T TLE SERVICES ASSUMES BK3 ji d6 ` 1°e � ^II`�I I� I TY FO ANY LOSS OCCURRING BY B' , .E A 5CC 7 s � ,a REASON F RELI THEREON. I 3Sj D sTuass .NCE 2LB 2 G ou IGLACIER ST 2,: ADD. 58 ?FA 2Fp8 2FAA m t. -5H . $F sE 5CD ! TWO MILT` DRIVE TR X- _ _ .AMD PLAT MD P(AT GATEWAY— - - _ _ _ -. - - -. - _ _ _ - -. _ - - uGJA OF THE L2 OF 2CA.VJE TERLY POR w HE nMD WEST ADD P KALISPUL .. WAY WEST 0: LY POR ;r34 < . w TEWAY ;� GAT A ky ADC. 32 ,GA _ ADD 434 o EST z - GRE N a 2GJ PLAT OF GQ`5 WEST r L.' OF THE P . D PLAT OF THE i.• DD 34 K D PLAT OF T a PORTION z -' w GfTEVlny - �: - ESTADD n e STRF. - - HUSKY 2CK IM, P� AMD PLAT T_AA 2CM �PR� OF THE "<CE 2GHn NN _ .4p:4 WAY G• yV Z. 1A POp }Gra PARK �000 �P,;1pNPNCS�viv So,��G'G GATEWAY WEST I �D F:MD PLAT UNITi A ,Fn 6KC77AED aF L 2 i GIBSON 1CDONALDS '\. + E� .nDD�-4+. DO #52 R pN SPL�Sfl STANLEY Y"' LIE Z219 Y k / T_1 ADD. #42 ( }^ P PpDD. A 6KA ` GIBSON y s Sj 1.A c iL ; T-2 4 IS i 1c s. sN 6HA ; DID A 45 „a �6 1E 1 ' / S ' 6 L.1:& 1A 7 F. 6 18 1 AA / :GIBSO ADD. . 1 CIRCLE K � n 17 -7IV_7% Chicago Title, Insuirance Company (Nfembers of the Fidelity National Financial, Inc. group of companies) Fidelity National Financial Group of Companies' Privacv Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. 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All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 iMultiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. �a <� �_ �, x �. ,.