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Staff Report/Final Plat Phase 1BPLANNING FOR THE FUTURE REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT Final Plat for Timberwolf Center, Phase 113 MEETING DATE: April 6, 2009 Planning Department 201 1" Avenue East Kalispell, NIT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin2 BACKGROUND: This is a request for final plat approval of Lot 2 of the Timberwolf Center (Phase 113) commercial subdivision. The 1.7 acre lot will provide a location for the new Emergency Communications Center. Lot 2 is located east of the new Department of Natural Resources and Conservation (DNRC)/Department of Environmental Quality (DEQ) campus. The property is located in the Northwest 1/4 of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. Preliminary plat approval for this subdivision was granted by the Kalispell City Council on March 17, 2008 subject to 25 conditions of approval. At this time no major site improvements have been completed. A Subdivision Improvement Agreement (SIA) has been submitted for the infrastructure required to serve the subdivision and a letter from the County Commissioners insuring the voter approved bond includes the necessary funding to construct the public infrastructure associated with Lot 2. The SIA provides an amount of $145,750 (125% of the estimated cost) to complete the public infrastructure improvements by June 30, 2010. The SIA includes items such as the continued road construction of Timberwolf Parkway including drainage, sidewalks, curbs, gutters, sewer, water, and boulevard landscaping. RECOMMENDATION: A motion to approve the final plat for Timberwolf Center Phase 1B and to accept the Subdivision Improvements Agreement with the securities totaling $145,750 would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitt Sean Conrad Senior Planner Report compiled: March 31, 2009 Myrt6Webb Interim City Manager Attachments: Letter of transmittal Final plat application and supporting documents Return to: Theresa White Kalispell City Clerk 201 1" Avenue East Kalispell, MT 59901 APPENDLX THIS AGREEMENT, made and entered into this d A M , day of ffloh6h , 2069 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Parry of the First Part and hereinafter referred to as the CITY, and FLATHEAD COUNTY, a Public Government entity located at 800 South Main Street, Kalispell, MT 59901, Parry of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Timberwolf Center Phase 113, (Name of Subdivision) located at 625 Timberwolf Parkway and, WHEREAS, the City has conditioned it's approval of the final plat of Timberwolf Center, Phase 113, upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $145,750. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $145,750. Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $145,750 the estimated cost of completing the required improvements in Timberwolf Center Phase 1B. 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 June 30, 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) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Flathead Count (Name of Subdivision/Developer/Firm) byP7�-�s�d7 C��irrllt (Name) (Title) STATE OF MONTANA COUNTY OF FLATHEAD On this I % * day of MaPh , 20�before me, a Notary Public for the State of Montana, personally appeared L dr MaA , known to me to be the of Qro , whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year t above written. U �01& �"& — cu Ki< DIANA KILE Notary Public fo the State of Montana °`P •.•.F apTARlq� NOTARY PUBLIC MONTANA Printed Naye L) Ono k 19P S EAL' Residing at Co" as a Falls, Montana pr` My Comm. Expires August 27, 2012 Residing at (} ( `� FQ �S sr •... My Commission Expires o"f' q D�ia MAYOR, CITY OF KALIS LL ATTEST- /Y?.: - ��� 7-z/ Nfiky-eR Ncrc 4CS/DEN7- CITY CLERK /, / EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving X 6/30/2010 $ 38,000 0 Street Base X 6/30/2010 $ 26,400 0 Sidewalks X 6/30/2010 $ 5,100 0 Curbs and Gutters X 6/30/2010 $ 7,000 0 Sanitary Sewers Mains Other ( ) On -Site Sewage Facilities Water Systems X 6/30/2010 $14,000 0 Mains Other ( ) On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or X 6/30/2010 $ 5,000 0 Drainage Facilities Street Signs Street Lighting X 6/30/2010 $ 7,500 0 Street Monuments Survey Monument Boxes Landscaping/Boulevard trees X 6/30/2010 $ 3,000 Other ( ) SUBTOTAL $106,000 FEES $ 10,600 TOTALS COSTS $116,600 TOTAL COLLATERAL (TOTALS COSTS X 125%) $145,750 Flathead County Board of Commissioners (406)758-5503 Joseph D. Brenneman James R. Dupont I Dale W. Lauman February 19, 2009 Planning Department City of Kalispell 201 Is' Avenue East Kalispell, MT 59901 Re: Application for Final Plat Approval - Timberwolf Center Phase 113 Dear Sirs: Flathead County is applying for final plat approval for Timberwolf Center Phase IB in the School Section, Section 36, "Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The County plans to build the Emergency Communications Center on the property, with the proceeds from a bond issue authorized by the voters of Flathead County at the November 4, 2008, election. There is infrastructure to be built in conjunction with the building of the Center. This is to confirm that the funds to construct that infrastructure, currently estimated to cost $116,000, will come from the bond proceeds. At this point, we believe that the bond amount authorized by the voters is more than sufficient to complete the project, including that infrastructure. Thus, we do not believe that the added expense for the purchase of a bond in the amount of $145,750 is warranted and would request that this letter take the place of such a bond. Sincerely, FLATHI-;AD COUNTY BOARD OF COMMISSIONERS Dale W. Wuman, Chairman 800 south Main ** Kalispell. Montana 59901 ** Fax ("406) 758-5861 Montana Department of ENWRONMENTAL QUA TY P.O. Box 200901 Stephen L Herzog PE CTA Architects Engineers #2 Main St Suite 205 Kalispell MT 59901 Dear Mr Herzog: 200 BY-------------------e Brian Schweitzer, Governor Helena, MT 59620-0901 - (406) 444-2544 - www.deq.mt.gov March 27, 2009 RE: Timberwolf Center Phase 1 B Municipal Facilities Exclusion EQ#09-2373 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 (76-4-111 (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. Sincerely, Janet Skaarland Compliance Specialist Subdivision Section (406) 444-1801 — email iskaarland�;mt.gov cc: City Engineer County Sanitarian file Enforcement Division - Permitting & Compliance Division - Planning, Prevention & Assistance Division - Remediation Division PUNNING FOR THE FUTURE March 31, 2009 Myrt Webb, Interim City Manager City of Kalispell 201 1st Avenue East Kalispell, MT 59901 Re: Final Plat for Timberwolf Center, Phase 1B Dear Myrt: Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kafispell.com/planning This is a request for final plat approval of Lot 2 of the Timberwolf Center (Phase 113) commercial subdivision. The 1.7 acre lot will provide a location for the new Emergency Communications Center. Lot 2 is located east of the new Department of Natural Resources and Conservation (DNRC)/Department of Environmental Quality (DEQ) campus. The property is located in the Northwest 1/4 of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. Preliminary plat approval for this subdivision was granted by the Kalispell City Council on March 17, 2008 subject to 25 conditions of approval. At this time no major site improvements have been completed. A Subdivision Improvement Agreement (SIA) has been submitted for the infrastructure required to serve the subdivision and a letter from the County Commissioners insuring the voter approved bond includes the necessary funding to construct the public infrastructure associated with Lot 2. The SIA provides an amount of $145,750 (125% of the estimated cost) to complete the public infrastructure improvements by June 30, 2010. The SIA includes items such as the continued road construction of Timberwolf Parkway including drainage, sidewalks, curbs, gutters, sewer, water, and boulevard landscaping. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition 1. Development of the subdivision shall be platted in substantial compliance with the preliminary plat as amended and approved which governs the location of lots and roadways within the subdivision and shall be in compliance with the adopted Spring Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD). • This condition is met. The final plat has been prepared in general compliance with the preliminary plat approved in March of 2008. Condition 2. Prior to any 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 final 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 is met. The project has an approved State NOI and SWPPP permit. Prior to issuance of a building permit the developer or their contractor will be required to obtain a city stormwater management permit. Condition 3. The project site's frontage along Stillwater Road (as well as frontage along the Forest Service lease site to the north if bonding is in place) and Timberwolf Parkway shall be improved in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All design work shall be reviewed and approved 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, street trees, boulevard and sidewalk and shall be installed along Stillwater Road and Timberwolf Parkway. New infrastructure shall tie into the existing street infrastructure. Note: Bike/pedestrian path in lieu of a sidewalk along the Stillwater Road frontage that ties into the bike/pedestrian path to the north on the Forest Service lease site is required. Additionally, sidewalks and landscaping other than seeding are not required on the southern portion of Timberwolf Parkway. (Findings of Fact, Section D) ® This condition was met as part of the final plat approval for Timberwolf Center Phase IA. Condition 4. Stillwater Road shall be improved and include a bike/pedestrian path from the south boundary to the north boundary of the State Trust Land property and to the north boundary of the Forest Service lease site should bonding be in place at the final plat stage of Phase IA of the proposed project. If no bonding is in place, the frontage along Stillwater Road shall be improved, including a bike/pedestrian path, along the entire frontage of the School Trust Land site prior to final plat of Phase IA. The improvements must be completed within 18 months of preliminary plat approval. (Findings of Fact, Section D) This condition was met as part of the final plat approval for Timberwolf Center Phase IA. Condition 5. An additional 10 feet of right-of-way shall be dedicated along Stillwater Road. This additional right-of-way shall be shown on the face of final plat map. (Findings of Fact, Section D) This condition was met as part of the final plat approval for Timberwolf Center Phase IA. Condition 6. Access directly from Phase IA, Lot 1 onto Stillwater Road is prohibited. (Findings of Fact, Section D) 2 ® This condition was met as part of the final plat approval for Timberwolf Center Phase IA. Condition 7. A Traffic Impact Study shall be completed to address traffic volumes potentially generated by the Timberwolf Center and suggested design and any required mitigation shall be incorporated. The Traffic Impact Study shall be submitted for review and approval to the Public Works Department prior to submittal of the intersection and road upgrade plans related to the Timberwolf Center project. This must be completed for the Timberwolf Center (phases 1 and 2) prior to final plat for Phase lA of the Timberwolf Center project. (Findings of Fact, Section D) ® This condition was met as part of the final plat approval for Timberwolf Center Phase IA. Condition 8. The intersection of Stillwater Road, Farmstead Parkway and Timberwolf Parkway shall be completed prior to final plat approval of Phase IA. The design and construction shall be coordinated with the Starling development to ensure efficient and safe completion of the intersection. Note: Additional land may need to be acquired to accomplish a suitable fully functional intersection. (Findings of Fact, Section D) This condition was met as part of the final plat approval for Timberwolf Center Phase IA. Condition 9. Timberwolf Parkway shall be graded and constructed in a manner that would allow any future connection to the property to the south feasible. (Findings of Fact, Section D) ® This condition is met. The approved construction plans show appropriate grades for Timberwolf Parkway. Condition 10. Water and sewer main extension shall be reviewed and approved by the Kalispell Public Works Department. The plans shall be reviewed and approved for facilities that serve Lot 1 (Phase 1A) and Lot 2 (Phase 113) of the School Trust Land site prior to final plat of Phase 1 of the Timberwolf Center project. (Findings of Fact, Section D) ® This condition is met. A letter from Frank Castles, Deputy Public Works Director, dated March 20, 2009 approves the construction plans and specifications for lot 2 Condition 11. Easements for water and sewer lines shall be dedicated to the City of Kalispell and shown on the approved utility plans for facilities serving lots 1 and 2 of the Timberwolf Center project. The easement widths shall meet the requirements of the Kalispell Public Works Department. (Findings of Fact, Section D) o This condition is met. The utility easements are dedicated to the City of Kalispell on the final plat and meet the department's requirements. Condition 12. The water rights allocated to the developer (owner), both surface and ground, shall be transferred to the city to the fullest extent possible in compliance with applicable statutes and regulations with the filing of the final plat of Phase IA, Lot 1, to insure the orderly accounting of water rights and to protect the future water need of the 3 City of Kalispell for its users. A rectangular easement shall be provided along the south boundary of Phase 113, Lot 2 encompassing the existing well site. This easement shall be large enough to contain a well house approximately 26 feet by 24 feet with due consideration to the setback limits imposed by the zoning requirements. In addition within the same easement, a clear space of 20 feet shall be provided around the well head. A well head protection zone shall be provided and shown on the final plat of lots 1 and 2. This well head protection zone shall meet the requirements of Montana Department of Environmental Quality Standards for Water Works DEQ 1, Paragraph 3.2.3 (February 24, 2006 Edition). Findings of Fact, Section D) This condition is met. A Memorandum of Agreement between DNRC and the City of Kalispell Public Works Department was put into effect on September 19, 2008 to ensure the well and water rights are secured while paperwork is being completed for the appropriation and change in ownership. The agreement guarantees that the well house, water rights and associated easements are transferred to the City. The agreement was based on a study conducted by Roger A. Noble, Applied Consulting, who was hired by the City of Kalispell (Reference Timberwolf Center Subdivision Water Right Appropriation dated September 9/9/08). Condition 13. 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. (Findings of Fact, Section D) ® This condition is met. A letter from Frank Castles, Deputy Public Works Director, dated March 20, 2009 approves the construction plans and specifications for Lot 2 which include the stormwater collection and disposal. Condition 1. The approved engineered drainage report and design, in accordance with City of Kalispell standards, shall be completed for the entire development (roadways, stormwater storage facilities and stormwater systems) prior to final plat for Phase lA of the Timberwolf Center. (Findings of Fact, Section D) This condition was met as part of the final plat approval for Timberwolf Center Phase IA. Condition 15. A letter shall be obtained from the Kalispell Public Works Department approving the plans and specifications for streets, water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 - 3.15). ® This condition is met. A letter from Frank Castles, Deputy Public Works Director, dated March 20, 2009 approves the construction plans and specifications for Lot 2. Condition 16. Prior to final plat, the full design for Timberwolf Parkway from Stillwater Road to Reserve Loop shall be reviewed and approved by the Public Works Department and shall include drainage, stormwater, water and sewer facilities as well as road elevations and road designs, etc. (Findings of Fact Section, Section D) This condition is met. Preliminary plans for the future construction of Timberwolf Parkway and Wolfpack Way from Stillwater Road to Reserve Loop were submitted to GJ' the Public Works Department prior to final plat approval for Phase IA. The plans were reviewed and approved by the Public Works Department. Condition 17. A letter shall be provided from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required plans, specifications and standards. A letter from the Kalispell Public Works Department stating that the required improvements have been reviewed and accepted by the city shall be submitted prior to final plat. (Kalispell Sub Regs. Sections 3.09, 3.11 - 3.15). This condition is met. All of the improvements have been bonded for and therefore not completed. The public infrastructure required to service Lot 2 in this phase of the project will be constructed in conjunction with the Emergency Communications Center building and site work. All plans have been certified by a licensed engineer and an SIA has been prepared in the amount of $145,750 to guarantee these improvements are completed by June of 2010. Condition 18. 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." ® This condition is met. The note has been placed on the face of the final plat. Condition 19. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). This condition is met. The approved construction plans call for the utilities to be installed underground. Condition 20. 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 is met. A letter from Chad Fincher, Kalispell Parks Superintendent, dated March 18, 2009 approves the boulevard landscaping plans for the street. Condition 21. 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; Findings of Fact, Section D). a. Water mains designed to provide required fire flows shall be installed per City specifications at approved locations. Fire flows shall be in accordance with International Fire Code, 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 Chapter 5. d. Street naming shall be approved by the fire department. e. Addressing shall comply with the International Fire Code and Kalispell Fire Department Standard Operating Guidelines. f. Required fire flows shall be verified and approved by the Kalispell Fire Department prior to combustible construction. This condition is met. In discussions with the Acting Fire Chief, Dan Diehl, he stated that the above conditions have been met. Condition 22. All areas disturbed during development shall be re -vegetated with a weed - free mix immediately after development. This condition is met. Seeding requirements conforming to this condition have been included in the landscape drawings for the project. Condition 23. Hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8 and a note shall be placed on the face of the final plat stating that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. ® This condition is met. The required note appears on the face of the final plat. Condition 2. The preliminary approval for Phase lA shall be valid for a period of three years from the date of approval. Preliminary plat approval for Phase 1B shall be valid for two years from the date of final plat approval for phase 1A. (Kalispell Sub. Regs. Section 2.04 (E)(7). ® This condition is met. The final plat for Phase lA was approved by City Council on October 6, 2008. Phase 1B is valid until October 6, 2010. Condition 25. The integrity of Wolfpack Way shall be maintained and designed and constructed in substantial conformance with the alignment indicated on the preliminary plat of Glacier High School. ® This condition was met as part of the final plat approval for Timberwolf Center Phase IA. The final plat is in substantial compliance with the preliminary plat which was submitted and approved. • 1. ; 3 #IRA • • This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. All taxes are current. 0 This subdivision complies with the Kalispell Zoning Ordinance and the R-5/PUD zoning designation. 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 April 6, 2009 city council agenda if possible. You may call me at 758-7940 if I can be of assistance to you regarding this matter. Sincerely, Sean Conrad Senior Planner Attachments: 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 blueline of final plat 11 x 17" copy of plat Final plat application dated 2/ 19/09 Letter from CTA addressing each of the conditions Letter from Public Works dated 3/20/09 Letter from Parks and Recreation Dept. dated 3 / 18 / 09 Treasurer's certification dated 3/ 17/09 MDEQ Exemption dated 3/27/09 Subdivision Improvement Agreement dated 3/ 12/09 Funding letter for the SIA in the amount of $145,750 from Dale W. Lauman, Chairman of the Flathead County Board of Commissioners dated 2/ 19/09 c: Theresa White, Kalispell City Clerk Mark Peck, Interim Director, Flathead County OES,920 South Main Street, Kalispell, MT 59901 Stephen Herzog, CTA, #2 Main Street, Ste 205, Kalispell, MT 59901 DNRC, Attn: Steve Lorch, 2250 Highway 93 North, Kalispell, MT 59901 VA Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning FINAL PLAT APPLICATION Project /Subdivision Name: Timberwolf Center Phase 1B Contact Person: Name: Stephen L. Herzog Address: #2 Main Street - Suite 205 Kalispell, Montana 59901 Phone No.: 406-257-8172 Date of Preliminary Plat Approval: March 17, 2008 Type of Subdivision: Residential Industrial Total Number of Lots in Subdivision 1 Land in Project (acres) Parkland (acres) No. of Lots by Type: 1.7 Owner & Mailing Address: Flathead County Attn: Mark Peck 920 South Main Street Kalispell, Montana 59901 Commercial X PUD Other N /A Cash -in -Lieu $ N A Single Family Townhouse Duplex Apartment Commercial 1 Industrial Condominium Multi -Family. Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Exempt N/A Legal Description of the Property SW 1 /4, NW 1 /4, Section 36, T29N, R22W FILING FEE ATTACHED $975 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement $400 + $125/lot $800 + $125/lot $800 + $125/lot $50 1 Attached Not Applicable (MUST CHECK NE) 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 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. Owners) Sigrizure 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 9 General Conditions Condition 1. Development of the subdivision shall be platted in substantial compliance with the preliminary plat as amended and approved which governs the location of lots and roadways within the subdivision and shall be in compliance with the adopted Spring Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD) ® This condition was met at the time of approval for Timberwolf Center Phase IA. Condition 2. Prior to aM 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 final 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) ® A City Stormwater Management Permit is approved from the Kalispell Public Works Department. The project is operating under the City Stormwater permit # . A copy of the N01 and SWPPP was submitted as required to the Public Works Department as a part of the approval process by for the issuance of the City Stormwater Permit. Prior to final plat: Condition 3. The project site's frontage along Stillwater Road (as well as frontage along the Forest Service lease site to the north if bonding is in place) and Timberwolf Parkway shall be improved in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All design work shall be reviewed and approved 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, street trees, boulevard and sidewalk and shall be installed along Stillwater Road and Timberwolf Parkway. New infrastructure shall tie into the existing street infrastructure. Note: Bike/pedestrian path in lieu of a sidewalk along the Stillwater Road frontage that ties into the bike/pedestrian path to the north on the Forest Service lease site is required. Additionally, sidewalks and landscaping other than seeding are not required on the southern portion of Timberwolf Parkway. (Findings of Fact, Section D) ® This condition was met under the approval for Timberwolf Center Phase IA. Condition 4. Stillwater Road shall be improved and include a bike/pedestrian path from the south boundary to the north boundary of the State Trust Land property and to the north boundary 1 of the Forest Service lease site should bonding be in place at the final plat stage of Phase IA of the proposed project. If no bonding is in place, the frontage along Stillwater Road shall be improved, including a bike/pedestrian path, along the entire frontage of the School Trust Land site prior to final plat of Phase IA. The improvements must be completed within 18 months of preliminary plat approval. (Findings of Fact, Section D) ® This condition was met under the approval for Timberwolf Center Phase IA. Condition 5. An additional 10 feet of right-of-way shall be dedicated along Stillwater Road. This additional right-of-way shall be shown on the face of final plat map. (Findings of Fact, Section D) An additional 10 feet of right-of-way is dedicated along Stillwater Road. This additional right-of-way is shown on the face of final plat map. Condition 6. Access directly from Phase IA, Lot 1 onto Stillwater Road is prohibited. (Findings of Fact, Section D) ® This condition was met under the approval for Timberwolf Center Phase IA. Condition 7. A Traffic Impact Study shall be completed to address traffic volumes potentially generated by the Timberwolf Center and suggested design and any required mitigation shall be incorporated. The Traffic Impact Study shall be submitted for review and approval to the Public Works Department prior to submittal of the intersection and road upgrade plans related to the Timberwolf Center project. This must be completed for the Timberwolf Center (phases 1 and 2) prior to final plat for Phase IA of the Timberwolf Center project. (Findings of Fact, Section D) ® This condition was met under the approval for Timberwolf Center Phase IA. Condition 8. The intersection of Stillwater Road, Farmstead Parkway and Timberwolf Parkway shall be completed prior to final plat approval of Phase IA. The design and construction shall be coordinated with the Starling development to ensure efficient and safe completion of the intersection. Note: Additional land may need to be acquired to accomplish a suitable fully functional intersection. (Findings of Fact, Section D) ® This condition was met under the approval for Timberwolf Center Phase IA. Condition 9. Timberwolf Parkway shall be graded and constructed in a manner that would allow any future connection to the property to the south feasible. (Findings of Fact, Section D) ® Timberwolf Parkway plans are designed and approved to accommodate the future connections with appropriate grades. Condition 10. Water and sewer main extension shall be reviewed and approved by the Kalispell Public Works Department. The plans shall be reviewed and approved for facilities that serve Lot 2 I (Phase IA) and Lot 2 (Phase 1B) of the School Trust Land site prior to final plat of Phase 1 of the Timberwolf Center project. (Findings of Fact, Section D) ® The sewer main and water main extensions has been reviewed and approved by the Kalispell Public Works Department and constructed as a part of Timberwolf Center Phase IA. The plans have been reviewed and approved for the water main extension on Timberwolf Parkway associated with Phase 1B of Timberwolf Center. Condition 11. Easements for water and sewer lines shall be dedicated to the City of Kalispell and shown on the approved utility plans for facilities serving lots 1 and 2 of the Timberwolf Center project. The easement widths shall meet the requirements of the Kalispell Public Works Department. (Findings of Fact, Section D) ® Easements for water and sewer lines have been dedicated to the City of Kalispell and shown on the final plat drawing Timberwolf Center Phases IA and 1B. Condition 12. The water rights allocated to the developer (owner), both surface and ground, shall be transferred to the city to the fullest extent possible in compliance with applicable statutes and regulations with the filing of the final plat of Phase IA, Lot 1, to insure the orderly accounting of water rights and to protect the future water need of the City of Kalispell for its users. A rectangular easement shall be provided along the south boundary of Phase 113, Lot 2 encompassing the existing well site. This easement shall be large enough to contain a well house approximately 26 feet by 24 feet with due consideration to the setback limits imposed by the zoning requirements. In addition, within the same easement, a clear space of 20 feet shall be provided around the well head. A well head protection zone shall be provided and shown on the final plat of lots 1 and 2. This well head protection zone shall meet the requirements of Montana Department of Environmental Quality Standards for Water Works DEQ 1, Paragraph 3.2.3 (February 24, 2006 Edition). Findings of Fact, Section D) ® The water rights allocated to the developer (owner), both surface and ground, have been transferred to the city to the fullest extent possible in compliance with applicable statutes and regulations with the fling of the final plat of Phase IA, Lot 1, to insure the orderly accounting of water rights and to protect the future water need of the City of Kalispell for its users. A rectangular easement has been provided along the south boundary of Phase 113, Lot 2 encompassing the existing well site. This easement is large enough to contain a well house approximately 26 feet by 24 feet with due consideration to the setback limits imposed by the zoning requirements. In addition, within the same easement, a clear space of 20 feet has been provided around the well head. A well head protection zone has been provided and shown on the final plat of lots 1 and 2. This well head protection zone meets the requirements of Montana Department of Environmental Quality Standards for Water Works DEQ 1, Paragraph 3.2.3 (February 24, 2006 Edition). V Condition 13. 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. (Findings of Fact, Section D) ® The developer submitted 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. Condition 14. The approved engineered drainage report and design, in accordance with City of Kalispell standards, shall be completed for the entire development (roadways, stormwater storage facilities and stormwater systems) prior to final plat for Phase IA of the Timberwolf Center. (Findings of Fact, Section D) The approved engineered drainage report and design, in accordance with City of Kalispell standards, has been completed for the entire development (roadways, stormwater storage facilities and stormwater systems) prior to final plat for Phase lA of the Timberwolf Center. Condition 15. A letter shall be obtained from the Kalispell Public Works Department approving the plans and specifications for streets, water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 — 3.15). ® A letter has been obtained from the Kalispell Public Works Department approving the plans and specifications for streets, water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12-3.15). Condition 16. Prior to final plat, the full design for Timberwolf Parkway from Stillwater Road to Reserve Loop shall be reviewed and approved by the Public Works Department and shall include drainage, stormwater, water and sewer facilities as well as road elevations and road designs, etc. (Findings of Fact, Section D) ® This condition was met under the approval for Timberwolf Center Phase 1A. Condition 17. A letter shall be provided from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required plans, specifications and standards. A letter from the Kalispell Public Works Department stating that the required improvements have been reviewed and accepted by the city shall be submitted prior to final plat. (Kalispell Sub. Regs. Sections 3.09, 3.11-3.15) ® This condition is met. All of the improvements for Timberwolf Center Phase ID have been bonded for and are included in the SIA and shall be completed by the prime contractor for the FC 911 call center. The plans have been certified by a licensed engineer and certified to be funded by the public bond for the project. All improvements are scheduled to be completed by June 30, 2010. 11 Condition 18. 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." ® This condition is met. The notice has been placed on the face of the final plat. Condition 19. All new utilities shall be installed underground. (Kalispell Sub. Reg. Section 3.17A). ® This condition is met. The approved construction plans call for all of the utilities to be installed underground. Condition 20. 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 cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Sub. Reg. Section 3.11). ® This condition is met. A letter from Chad Fincher, Kalispell Parks Superintendent, dated February 20, 2009 approves the landscaping plan. Condition 21. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Sub. Reg. Section 3.20; Findings of zn Fact, Section D). A. Water mains designed to provide required fire flows shall be installed per City specifications at approved locations. Fire flows shall be in accordance with International Fire Code, 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 Chapter 5. D. Street naming shall be approved by the fire department. E. Addressing shall comply with the International Fire Code and Kalispell Fire Department Standard Operating Guidelines. F. Required fire flows shall be verified and approved by the Kalispell Fire Department prior to combustible construction. ® This condition is met. Required fire flows have been verified and approved by the Kalispell Fire Department. 5 On- oin,a Conditions: Condition 22. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. ® Seeding requirements conforming to this condition have been included in the approved landscaping plan and stormwater permit requirements. Condition 23. Hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8 and a note shall be placed on the face of the final plat stating that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. ® This condition has been met. The required note is included on the face of the final plat. Condition 24. The preliminary approval for Phase IA shall be valid for a period of three years from the date of approval. Preliminary plat approval for Phase 1 B shall be valid for two years from the date of final plat approval for Phase 1A. (Kalispell Sub. Reg. Section 2.04 (E)(7). ® This condition is met. The preliminary plat for this two lot subdivision was approved on March 17, 2008 and remains valid until March 17, 2011. 25. The integrity of Wolfpack Way shall be maintained and designed and constructed in substantial conformance with the alignment indicated on the preliminary plat of Glacier High School. ® This condition was met under the approval for Timberwolf Center Phase IA. 9 March 20, 2009 Steve Herzog, P.E. CTA, Architects Engineers #2 Main Street, Suite 205 Kalispell, MT 59901 RE: Flathead County 9-1-1 Center 625 Timberwolf Parkway Kalispell, MT 59901 Pear Steve, NAk 9- O j 5 By-------------------- The construction plans for the exterior civil (city infrastructure and stormwater collection and disposal) portions of the referenced project are hereby approved, Please provide this office with one full size and one half size set of the construction plans, A pre -construction conference must be held prior to any construction on site, Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect and the conditions of approval, If you have any questions, please do not hesitate to contact this office, Sincerely, Frank Casties,, P.E. Deputy Public Works Director 201 JOAvenue .,Fast, PQ, Box 1997, goliweA MT 59903 Phone (406)758_7720 T'ax (406)758-7831 immkolkpolLoom of Kalisp, f f Parks and Recreation March 18, 2009 Stephen Herzog CTA 2 Main Street Suite 205 Kalispell, MT 59901 306 1st Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: cfincher@kalispell.com Re: 911 Dispatch & Emergency Coordination Center Dear Stephen: This letter is to serve as approval on the landscaping plans for 911 Dispatch & Emergency Coordination Center per the plans submitted by your office. Tree plantings are required to meet ISA standards for planting and the Street Tree Ordinance standards of 21/4" caliper and of an approved species from the Kalispell Parks department planting list. As we discussed earlier, Japanese Lilac are extremely hard to find in 2 1/a" caliper. Our department is willing to reduce the size of this particular tree to 13/d' due to the available nursery stock of this particular tree. Boulevards are to be seeded or sodded to meet Parks Department and city standards. No river rock is to be used as mulch in the perennial planting areas or around tree plantings. It is also agreed that if this project is extended, the developer will be responsible for bonding for landscaping improvements on the boulevards. 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 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. Sincere y �f Chad Fincher, Parks Superintendent CC: Sean Conrad, Planning Department PJ Sorenson, Zoning Department Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: CTA FOR: ST OF MT DNRC DATE : 2/5/09 DESCP : TIMBERWOLF CENTER PH 1B PURPOSE: SUB. (Tr. 5 in 36-29-22) YEARS ASSESSOR # 2005 THRU 2008 E000703 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 num O� 1y'/i C0G `' J L'I %j/ �Deputy Treasurery / f r� (seal) AR 17 2009 2 it M rn c=i 0 o M M �,. M M ~O f- �n u� mm mm (O ca �n co .-wm -n m V tt� N- M cv rom co co O O) o cv MM nh Ui 4J N N oo v n n W W — rnrm � M w ww ro a m N N tf) m G7 M M n r M M o w o `o rn N v N cc �M r O N M 'c M t0 LL� M O n O N N O V' V iO W c0 p M1 M1 O N J. a) cp Io M M W 6) N r M r r O O � � t0 i0 n n N N M 'o t0 4i C M1 r 47 M O) N C' 4� (O tC) u a' J 4) m � •- ,- (V O O 6) M M N O th r � O. 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N M mo mn•-� �- N m in co mco �-« O CO (C'i v N 6 0 0 0 0 rn ( w rn m cD m CD O V N c0 N t0 CD C 41 CD �i O N ro N W W W W W W n u (O N W 0 o n n N G7 d iC lCl l() O cD M n v N v m M n (`n u� M m V rnrom N d) m M CS mr n 0 of K O n N N M M M cD m o u� c M C M r n M M CO Oi n O c mm �n`O coo ma W m 4) if rn Ul (V O) o M CO M a) `O- a CTA Architects Engineers - Cost Estimating System Project Name I- fathead 9-1-1 Center UU Estimate Project Number FC911 Project Description: New 12,000 SF Flathead County 9-1-1 Dispatch & Emergency Coordination Building Area 12197 Center Perimeter 655 Construction Months 8 Bid ENR Index 4810 Estimate Date 1/14/2009 Division Description Material Total Labor Total Extended Total Cost/SF % Total 01GENERAL REQUIREMENTS 84,682 179,698 264,380 $21.68 7% 03CONCRETE 105,108 89,623 194,731 $15.97 5% 04MASONRY 155,587 321,485 477,072 $39.11 12% 05METALS 45,629 45,178 90,807 $7.45 2% 06WOOD, PLASTICS, AND COMPOSITES 1,280 2,534 3,813 $0.31 0% 07THERMAL AND MOISTURE PROTECTION 108,648 47,986 156,634 $12.84 4% 08OPENINGS 133,035 45,094 178,129 $14.60 5% 09FINISHES 122,967 72,671 195,639 $16.04 5% 10SPECIALTIES 34,014 5,646 39,660 $3.25 1% 11EQUIPMENT 3,124 1,252 4,375 $0.36 0% 12FURNISHINGS 14,093 1,359 15,452 $1.27 0% 21 FIRE SUPPRESSION 142,205 37,070 179,275 $14.70 5% 22PLUMBING 83,426 61,443 144,869 $11.88 4% 23HEATING, VENTILATING, AND 349,421 200,154 549,574 $45.06 14% AIR-CONDITIONING (HVAC) 26ELECTRICAL 479,417 203,466 682,883 $55.99 17% 27COMMUNICATIONS 44,859 30,868 75,727 $6.21 2% 28ELECTRONIC SAFETY AND SECURITY 79,687 34,395 114,083 $9.35 3% 31 EARTHWORK 49,966 32,496 82,461 $6.76 2% 32EXTERIOR IMPROVEMENTS 277,441 57,945 335,386 $27.50 9% 33UTILITIES 105,708 24,134 129,842 $10.65 3% Subtotal 2,420,297 1,494,496 3,914,793 General Contractor's Markup @ 0% 0 0 0 0% Construction Total 2,420,297 1,494,496 3,914,793 $320.96 Project Cost Subtotal 2,420,297 1,494,496 3,914,793 Contingency @ 0% 0 Total Project Cost 2,420,297 1,494,496 3,914,793 $320.96 Page: 1 Lot Book Guarantee GUARANTEE Issued by Insured Tit/es 44 4th Street West/P. O. Box 188, Kalispell MT 59901 Title Officer, Sheri Smith Phone: (406)755-5028 FAX.- (406)755-3299 Form No. 110-1282 (Rev 3/31/04) 1100041P129500 Lot Book Guarantee Guarantee No.: 282884-FT Page No. 1 Form 1349 �� x CLTA Guarantee Face Page (Revised 12/15/95) First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, FirstAmerican 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. FirstAmerican Title Insurance Company BY �"'4� PRESIDENT ATTEST , SECRETARY Insured Titles AUTHORIZED SIGNATORY Lot Book Guarantee Guarantee No.: 282884-F r Page No. 2 Liability: $200.00 Fee: $150.00 Name of Assured: Northwest Land Office Date of Guarantee: January 21, 2009 at 7:30 A.M. The assurances referred to on the face page are: 2 3. • Order No.: 282884-FT Guarantee No.: 282884-FT 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): THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA; THENCE NORTH 89058'55" EAST, ALONG THE SOUTH BOUNDARY OF SAID ALIQUOT PART, A DISTANCE OF 510.00 FEET TO THE SOUTHEAST CORNER OF THE PLAT OF TIMBERWOLF CENTER, PHASE 1A, THE PLAT OF WHICH IS ON FILE WITH THE FLATHEAD COUNTY CLERK AND RECORDER, SAID SOUTHEAST CORNER ALSO BEING THE POINT OF BEGINNING OF THE PARCEL BEING DESCRIBED; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PLAT FOR THE FOLLOWING TWO (2) COURSES; NORTH 00004'04" WEST, A DISTANCE OF 498.88 FEET; THENCE NORTH 35002'46" E, A DISTANCE OF 5.20 FEET; THENCE LEAVING THE EASTERLY BOUNDARY OF SAID PLAT SOUTH 70053'31" EAST, A DISTANCE OF 189.86 FEET, THENCE SOUTH 00°04'04" EAST, A DISTANCE OF 431.93 FEET; THENCE SOUTH 89058'55" WEST, A DISTANCE OF 182.32 FEET TO THE POINT OF BEGINNING. (THE ABOVE DESCRIBED LEGAL DESCRIPTION IS FOR EASEMENT PURPOSES ONLY.) A. We find the ownership of title to said real property to be in the name of: State of Montana, Department of Natural Resources and Conservation . B. There are no mortgages or deeds of trust which purport to affect said real property, other than those shown below under exceptions. 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. 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 Guarantee No.: 282884-Fr Page No. 3 (Continued) EXCEPTIONS: For informational purposes only, the property address is: Unknown, Kalispell, MT 59901 For informational purposes only, the tax parcel number is: E000703 (Covers premises and other property) Lot Book Guarantee Guarantee No.: 282884-FT Page No. 4 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 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 party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 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) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss 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 3/31/04) 1100041P129500 Lot Book Guarantee Guarantee No.: 282884-17T 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. 8. 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 loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 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 Liabilityis $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 1 First American Way, Santa Ana, California, 92707. Form No. 110-1282 (Rev 3/31/04) 1100041P129500 Lot Book Guarantee I 44 4th Street West/P.O. Box 188, Kalispell, MT 59901 Phone(406)755-5028 - Fax(406)755-3299 PRIVACY POLICY We Are Committed to Safeguarding Customer Information Guarantee No.: 282884-FT Page No. 6 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 source. First American calls these guidelines its Fairinformation 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; ® 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 indefinitely, including the 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 types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial 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 provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fairinformation Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation o All Rights Reserved