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Staff Report/Final Plat Phase 3CTrim® mty Planning 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricitlt(a)centurytel. net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Frank Garner, Acting City Manager SUBJECT Final Plat for Glacier Village Greens Phase IIIC MEETING DATE: September 7, 2004 BACKGROUND: This is a request for final plat approval of Glacier Village Greens Phase IIIC that plats four single family residential lots on approximately 1.3 acres. The property is located on the east side of East Nicklaus Avenue south of Ritzman Lane. This property was previously designated as a homeowners' park area and was approved for development into these four lots by the city council last winter. The homeowners intend to use the resources gained from these lots to develop a clubhouse for the homeowners association that will be located on the west side of the development in an established parking area. The Kalispell City Council approved Glacier Village Greens Phase IIIC on December 15, 2003 subject to 14 conditions. All of the required infrastructure is in place and there is no Subdivision Improvements Agreement. RECOMMENDATION: A motion to approve the final plat for Glacier Village Greens Phase IIIC would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Narda A. Wilson Garner tc-ting Senior Planner City Manager Report compiled: August 31, 2004 Attachments: Letter of transmittal Final plat application and supporting documents Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish • Tri-C#y PlanningOffice 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centu rytel.net August 31, 2004 Frank Garner, Acting City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Glacier Village Greens Phase IIIC Dear Frank: Our office has received an application from Sands Surveying for final plat approval of Glacier Village Greens Phase IIIC that plats four single family residential lots on approximately 1.3 acres. The property is located on the east side of the Glacier Village Greens development on the east side of East Nicklaus Avenue, south of Ritzman Lane. At the request of the Glacier Village Greens Homeowners Association, the Kalispell City Council approved the conversion of this property from a homeowners' park area to these four lots in December of 2003. The association intends to use the resources gained from these four lots to construct a community clubhouse on the west side of the development. This was also approved by the city council via a conditional use permit last winter. The Kalispell City Council approved Glacier Village Greens Phases IIIC on December 15, 2003 subject to 14 conditions. All of the conditions have been adequately addressed and the required improvements are in place. There is no Subdivision Improvements Agreement associated with this final plat. 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. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots, parklands and roadways within the subdivision except as modified by the conditions listed herein. (Kalispell Sub. Regs. Appendix C - Final Plat I(A) Contents of Final Plat). This condition has been met. The final plat is in compliance with the approved preliminary plat. Condition No. 2. A note shall be placed on the face of the final plat stating that by vote of the Glacier Village Greens Homeowners Association and certification by the Glacier Village Greens Homeowners Board on June 9, 2003, the Association did vote to approve an amendment to the GVG CC & R's and to amend the recorded plat of Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Final Plat for Glacier Village Greens Ph IIIC August 31, 2004 Page 2 Glacier Village Greens Phase IIIA by removing the designation of homeowners park, parkland or open space from the area in lots of this subdivision and allow this land to be subdivided into residential building lots. (Site Review in consultation with the City Attorney) . • This condition has been met. The above referenced note was placed on the face of the final plat. Condition No. 3. Sidewalks, landscape boulevard and street trees serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. (Kalispell Sub. Regs. Section 3.01). • This condition has been adequately addressed. This condition was amended by the Kalispell City Council at the request of the developer at the regular city council meeting of March 15, 2004 via resolution 4867 and a note has been placed on the plat waiving protest to the installation of these improvements. Condition No. 4. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 - 3.15). • This condition has been met. A letter from the Kalispell Public Works Department dated June 4, 2004 stating that the required improvements were installed in prior phases of this development. Condition No. 5. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. (Kalispell Sub Regs. Sections 3.09, 3.11 - 1.15). • This condition has been met. A letter from WMW Engineering dated August 24, 2004 was submitted with the final plat stating that the existing services were installed prior to this subdivision and the required phone utility has been paid for. Condition No. 6. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A). • This condition has been met. Due to the small size of this project the Kalispell Public Works Department waived the requirement for a storm water management plan for this subdivision as is referenced in the letter from the Kalispell Public Works Department dated June 4, 2004. Final Plat for Glacier Village Greens Ph IIIC August 31, 2004 Page 3 Condition No. 7. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Sub. Regs. Section 3.22) ® This condition has been met. A letter from the USPS dated August 2, 2004 approved a cluster mail box unit on East Nicklaus Avenue for the four new lots. Condition No. 8. That the parkland dedication requirements shall be met by recognizing the existing park land and park improvements as well as open space within the existing Village Greens development. (Kalispell Sub. Regs. Section 3.19 (A)). ® This condition has been met. No action is required on the part of the developer in order to certify satisfaction of this condition. Condition No. 9. The applicant shall maintain the 30-foot irrigation strip that traverses Lot 3 as part of the Village Greens Homeowners Park B. On the face of the final plat, Lot 3 shall be correspondingly reduced and the 30-foot irrigation and access easement shall be maintained as part of Homeowners Park B. (Site Review Committee) . ® This condition has been met. The 30 foot access and irrigation easement has been indicated on the face of the final plat. Condition No. 10. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation Director. (Site Review). ® This condition has been adequately addressed. This condition was amended by the Kalispell City Council at the request of the developer at the regular city council meeting of March 15, 2004 via resolution 4867 and a note has been placed on the plat waiving protest to the installation of these improvements Condition No. 11. All utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17 A). ® This condition has been met. The existing and new utilities have been placed and will be placed underground. The only remaining utility is the telephone service which has been paid for and will be placed underground. Condition No. 12. That a letter from the Kalispell Fire Department approving the number and placement of fire hydrants within the subdivision as well as fire flows shall be submitted with the final plat. (Uniform fire Code). ® This condition has been met. A letter dated August 4, 2004 from the Kalispell Fire Department approving the fire access, hydrants and location has been submitted with the final plat. Final Plat for Glacier Village Greens Ph IIIC August 31, 2004 Page 4 Condition No. 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. (Kalispell Sub. Regs. Section 3.13). ® This condition has been adequately addressed. The area is currently vegetated and will be revegetated after development. Condition No. 14. That preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Sub. Regs. Section 2.04 (E(7)). ® This condition has been met. The subdivision was submitted for final plat prior to expiration of the preliminary plat. The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the Kalispell City Council on December 15, 2003. 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 R-4, Two Family Residential, 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 otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for the Glacier Village Greens Phase IIIC. Please schedule this matter for the regular city council meeting of September 7, 2004. Sincerely, 3 �o Narda A. Wilson Senior Planner NW Final Plat for Glacier Village Greens Ph I1IC August 31, 2004 Page 5 Attachments: Vicinity map Copy of plat 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from Sands Surveying dated 8/24/04 Final plat application received 8/24/04 Ltr from Kalispell Public Works Dept dated 6/4/04 Ltr from Kalispell Fire Dept dated 8/4/04 Ltr from Montana DEQ dated 7/7/04 Ltr from WMW Engineering dated 8/24/04 Ltr from USPS dated 8/2/04 Ltr from Theresa White dated 3 / 22 / 04 Receipt from Century Tel dated 8/23/04 Treasurers Certification dated 8/ 12/04 Title report dated 7 / 23 / 04 c: Sands Surveying, Inc. 2 Village Loop, Kalispell, Montana 59901 Owl Corporation/Mark Owens, 500 Palmer, Kalispell, Montana 59901 Theresa White, Kalispell City Clerk SANDS SURVEYING, INC. 2 Village Loop Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 August 24, 2004 Narda Wilson, Senior Planner Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Glacier Village Greens, Phase IIIC Dear Narda: Attached please find the materials required for the review of Glacier Village Greens, Phase IIIC final plat. This was granted preliminary plat approval on December 15, 2003 and will expire on December 15, 2006. The following is the list of Conditions of Subdivision Approval and how each Condition was met. 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots, parklands and roadways within the subdivision except as modified by the conditions listed herin. The final plat submitted is in substantial compliance with the approved preliminary plat. 2. A note shall be placed on the face of the final plat stating that by vote of the Glacier Village Greens Homeowners Association and certification by the Glacier Village Greens Homeowners Board on June 9, 2003, the association did vote to approve an amendment to the GVG CC &R;s and to amend the recorded plat of Glacier Village Greens Phase IIIA by removing the designation of homeowners park, parkland or open space from the area in lots of this subdivision and allow this land to be subdivided into residential building lots. Please see face of final plat for this notation. 3. Sidewalks, landscape boulevards and street trees serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. An amendment to these Conditions of Subdivision Approval was granted on March 15, 2004, (Resolution No. 4867) changing the above Condition to read as follows: "A note shall be placed on the face of the final plat that waived protest to the creation of a Special Improvement District for the future installation of sidewalks, a landscape boulevard and the installation of street trees in accordance with the Kalispell Standards for Design and Construction for those improvements." 4. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. • Nil! 11111�1�11liiiii 111iii! ; mw�� 5. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. 6. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. The City Engineer has waived the requirement for a storm water drainage plan due to the small size of ftis stjbdivisioT. M 7. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 8. That the parkland dedication requirements shall be met by recognizing the existing park land and park improvements as well as open space within the existing Village Greens development. 9. The applicant shall maintain the 30-foot irrigation strip that traverses Lot 3 as part of the Village Greens Homeowners Park B. On the face of the final plat, Lot 3 shall be correspondingly reduced and the 30-foot irrigation and access easement shall be maintained as part of Homeowners Park B. Within this 30 foot wide park, a minimum 5 foot wide pedestrian path/trail with a minimum of an all weather gravel surface shall be constructed from East Nicklaus back to the edge of the linear Homeowners Park, a distance of approximately 200 feet to allow pedestrian access to this area. See face of the final plat for this access easement and certification from Engineer that the 5 foot wide pedestrian path was so constructed. 10. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation Director. 11. All utilities shall be installed underground. 1111111� .-', .'� 12. That a letter from the Kalispell Fire Department approving the number and placement of fire hydrants within the subdivision as well as fire flows shall be submitted with the final plat. 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed free mix immediately after development. 14. That preliminary approval shall be valid for a period of three years from the date of approval. i � I �qi �: Inn 11 pil Milipill!! Thank you for your kind attention to this final plat. Please feel free to call should you ha questions, concerns or require additional information. i Si erely, rica WirWit tala Tri-City Planning Offlice 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 Project Name: GLACIER VILLAGE GREENS PHASE HIC Contact Person: Owner & Mailing Address: Name: TOM SANDS, SANDS SURVEYING, INC. Address: 2 VILLAGE LOOP KALISPELL, MT 59901 Phone No.: 755-6481 1. LIMMUM11minary Plat Approval: DECEMBER 15, 2003 Type of Subdivision: Residential XX Industrial — No. of Lots Proposed 4 Parkland (acres) Land in Project (ac.) 1.3 Cash -in -Lieu mnms��i �r Minor Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement Not Attached Applicable (MUST CHECK ONE) GVG Homeowners Assoc. P.O. Box 5173 KALISPELL, MT 59901 ATTENTION: Jim Connolly Commercial —PUD ------�Other S-3 $400 + $40/lot $650 + $40/lot $600 + $40/lot $ 50 Health Department Certification (Original) Title Report (Original, not more than 90 days old) -XX— Tax Certification (Property taxes must be paid)l) —ME— Consent(s) to Plat (Originals and notarized) —XX— Subdivision Improvements Agreement (Attach collateral) —XX— Parkland Cash -in -Lieu (Check attached) XX Maintenance Agreement Plats: lopaque OR 2 Mylars I Mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 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 of date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, 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 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 Tri-City 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 and Recorder requests that all subdivision final plat applications be accompanied with a digital copy. (r Signature **A digital copy of the final plat in a Drawing Interchange File (DX) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Eastment 4. Roads or rights -Of -way 5. A tic to either an existing subdivision comer or a comer of the public land survey sytem As approved by the TCPB on 12/19/01 Effective 1/1/02 City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 June 4, 2004 Glacier Village Greens Homeowners Association 500 Palmer Drive Kalispell, Montana 59901 RE: Glacier Village Greens, PH. IIIC Resolution No. 4858 Gentlemen, The water, sewer and drainage facilities for the referenced project were approved and constructed under prior surrounding projects. Water and sewer services are available to the lots from the adjacent, existing streets. The City has adequate capacity to provide water and sewer services to this project. Due to the small size of the referenced project, Public Works is waiving the requirement for a storm water drainage plan. If you have any questions, please do not hesitate to contact this office. Since ly, 7 Frank Castes, P.E. Assistant City Engineer Cc: WMW Engineering, PC KALISPELL FIRE DEPARTMENT Randy Brodehl - Fire Chief Jim Stewart - Assistant ChiefTrevention Dee McCluskey — Assistant Chief/Operations August 4, 2004 Sands Surveying 2 Village Loop Kalispell, MT 59901 Attn: Erica Wirtala Re: Final plat approval — Glacier Village Greens, Phase BIC Dear Erica, 312 First Avenue East Kalispell, Montana 59901 (406)758-7760 FAX: (406) 758-7952 In response to your request for final plat approval of the above -reference project we have the following information. • This department approves the number and placement of fire hydrants as well as fire flows. Please contact me if you have any questions. Sincerely, Jim Stewart Assistant Fire Chief/Fire Marshal Kalispell Fire Department cc: Narda Wilson, Tri-City Planning Office "Assisting our community in reducing, preventing, and mitigating emergencies. " Montana Department of ENVIRONMENTAL QUALITY Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 www.deq.state.mt.us July 7, 2004 WMW Engineering 50 W 2nd St Whitefish MT 59937 Dear Sir or Madam: RE: Glacier Village Greens Phase III C Municipal Facilities Exclusion EQ#05-1023 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. 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. This file has been given to the Public Water Supply Section for their review. Sincerely, anet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us cc: City Engineer County Sanitarian file Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division MUNICIPAL FACILITIES EXCLUSION CHECKLIST (formerly called master plan exclusion) Enclosed please find the information required under § 76-4-127 MCA and ARM 17.36.602 regarding a municipal facilities exclusion for this subdivision within a growth policy area or first-class or second- class municipality (formerly referred to as master plan exclusions). Use of this checklist is only appropriate when the municipality is providing the water and sewer main service and when the municipality's engineering staff is reviewing the plans and specifications prior to approval: I . Name of Subdivision: V V 1 Ci �i i�LG P�f') S ��!C� S e- �� C_ 2. Name and address of the applicant: V. W. IV/ 3. Name and address of engineer: M 1 55gQ 3 � 4. Copy of the preliminary or final plat: Attached /�, Number of parcels in the subdivision: 5. A copy of any applicable zoning ordinances in effect: K /�5�v i�l k �, 6. How construction of the sewage disposal and water supply systems or extensions will be financed (method of financing): Certification that the subdivision is within a jurisdictional area that has adopted a growth policy or within a first-class or second-class municipality: 8. Copy of Growth Policy: On file ,/ Attached: 9. Location of the subdivision to the city or town, vicinity map attached: Yes V No SWill the owner of the municipal facilities own, operate and maintain the water supply, sewage disposal, solid waste, and storm water: facilities? Yes No I Will all water and sewer mains or extensions as defined in §76-4-102, MCA, be under the control and maintenance of the certifying municipality? Yes No 12. Will an extension of the existing sewer main(s) be necessary to serve this subdivision? Yes No V 13. Will an extension of the existing water main(s) be necessary to serve this subdivision? Yes No 14. Exclusion Checklist review fee, $75, included: Yes V No Q. I certify that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within one (1) year after notice of certification is issued, and, I certify that the governing body has reviewed and approved plans to ensure adequate storm water drainage. Name Title Dept City Send with the $75 review fee to: MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY SUBDIVISION REVIEW SECTION/WATER PROTECTION BUREAU PERMITTING AND COMPLIANCE DIVISION PO BOX 200901 HELENA MT 59620 Paul Wells, P.E. Principal Engineer August 24, 2004 Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, Montana 59901 Re: Glacier Village Greens, Phase IIIC To Whom It May Concern: Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Phone (406) 862-7826 Fax (406) 862-7827 This letter is to certify that the required improvements have been installed with the exception of the telephone utility, and this has been paid for. The water and sewer mains were existing, and only services were installed. The City of Kalispell Public Works Department did not require a drainage plan because of the small size of the project. A P d1,— Welt° .?� •r,\�., !'",, ri;: �Y�44C� `sue cc. Mark Owens 08/03/2004 08:35 41Jblbbbb4b USNU51ALStKV1Ut rr�ut n� s ATES UNMEDST POSTAL SERVICE . 350. N MERIDIAN. RD KALISPELL, MT 59901-9998 ' August 2, 2004 r RE: Glacier Village Green Subdivision 3C To :Whom It May Concern: 1 approve delivery for the four hey' lots to the Existing Cluster Box Unit location -on. East Nicklaus Avenue. If you have any questions, you miiy contact me at.755-6 50. Sincerely, ' .: '�'ertnie tllvil�a Carrier Supervisor PU:maa� City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 March 22, 2004 Sands Surveying, Inc. Erica Wirtala 2 Village Loop Kalispell, MT 59901 Re: Glacier Village Green Preliminary Plat Amendment Dear Erica: Enclosed is a copy of Resolution 4867 amending the conditions of approval of the preliminary pat of Glacier Village Greens Phase )C. Please forward a copy to the homeowners association. Sincerely, Theresa White City Clerk Enclosure: Resolution 4867 cc: Narda Wilson, TCPO, 17 2nd Street East; Suite 211, Kalispell, MT 59901 CenturyTel of il`Iontana, Inc. dba CenturyTel Agreement for Subdivision Telephone Facilities THIS AGREEMENT, made, August 20, 2004 by and between CenturyTel of Montana, Inc. dba CenturyTel, with its principal place of business in Kalispell, Montana located at 290 North Main hereinafter referred to as "The Company," and Jim Connolly hereinafter referred to as "Developer"; RECITALS: 1. Developer is in the process of subdividing and developing property or has subdivided and developed property, which property is hereinafter referred to as "Project", and will be or is offering lots or portions of the Project for sale or lease. 2. Developer is desirous of making the necessary arrangements for the installation of telephone facilities to serve the Project and the various portions thereof. 3. The Company is agreeable to install telephone facilities in the Project and the various portions thereof, subject, however, to the terms and conditions as hereinafter set forth. The parties agree as follows: 1. INSTALLATION OF FACILITIES: The Company agrees to design and install telephone facilities in the Project located in Flathead County, State of Montana, and known as Village Greens Phase 3C telephone service to subscribers in the Project as the lots and portions of said Project are developed and sold or leased. 2. ADVANCE: Promptly upon the execution hereof, Developer shall pay to The Company as an advance against The Company's cost the sum of $2,114.25 which is the estimated cost of design, purchase, and installation of such telephone facilities. If multiple visits are required due to customer caused delays, an additional charge of $200.00 per visit will apply. Upon completion of such installation and a determination of the actual cost thereof by The Company, the Developer shall within ten (10) days after written demand on the Developer by The Company pay to The Company an additional amount not to exceed 10% of the estimated cost if the actual cost is greater than the estimated cost. The Developer shall be entitled to a reimbursement of the difference if the actual cost, as fmally detemuned by The Company, is less than the sum herewith as the estimated cost. 3. REFUNDS: (a) Developer shall be entitled to a refund from The Company of $528.56 for each lot or portion of the Project connected to The Company's facilities for telephone service to a subscriber within the period of five (5) years from the date of which the facilities to be installed by The Company under the terms of this Agreement are completed. It is specifically understood and agreed that the installation of the facilities contemplated hereunder do not include the services rendered to a subscriber. If an adjustment of cost is made in accordance with the terms of Paragraph 2 of this Agreement, the refund shall be adjusted accordingly based on the actual cost of the design, purchase and installation to The Company. It is understood and agreed that the amount of refund is determined by dividing the sum paid to The Company under the terms of Paragraph 2 of this Agreement by 4 Lots* in the Project. ***Lots 1 through 4. (b) Such refund shall be paid to the Developer each year for all lots and units connected during the previous calendar year. No interest shall be charged or paid on any payments made by the Developer to The Company or on any refunds due Developer by The Company.. All refund requests must be submitted to CenturyTel each year between January 1 and February 15, within the five (5) year refund period. (c) Developer shall not be entitled to any refund for lots or units connected after expiration of the five (5) year period described in Paragraph 3 (a) of this Agreement, and any unrefunded portion of said cost referred to in Paragraph 2 shall become the property of The Company free and clear of any claim of the Developer. P A 1 D AUG 2 3 2004 K:\NETWORKD\VIKATC_LE_SUBD\SUBDIVISIONS\SUBD CONTRACTS\2004 CONTIACTS\MT CONTRACTNILLAGE GREENS PH 3C.DOC 4. RIGHT OF WAY AND TRENCHES: Developer shall provide at no cost to The Company appropriate utility rights of way by dedicating strips or easements for the installation of The Company's facilities, such rights of way or easements to be dedicated or conveyed in a form acceptable to The Company. Such rights of way shall be graded to senu-finished grade by, or at the expense of, the Developer prior to the trenching or installation of The Company's facilities hereunder. Developer may provide, with the consent of The Company, all trenching, excavation and back filling necessary for the proper installation of The Company's facilities, at no cost to The Company, and in accordance with the specifications to be furnished by The Company. 5. DAMAGES TO FACILITIES: Developer agrees to comply with all the Statutes of the State of Montana or any agency or municipality having jurisdiction thereof relating to any excavation, trenching and back filling necessary and proper for the installation of The Company's facilities. Developer shall pay The Company for any damage caused to The Company's facilities by Developer or any of Developer's contractors or subcontractors, and Developer shall hold The Company harmless from any and all damage, liability, cost or expense of whatsoever nature resulting from any damage caused to The Company by Developer or any of Developer's contractors or subcontractors. Such damage shall be paid promptly by Developer to The Company at such time as The Company has determined the amount of damage sustained by The Company under the terms of this paragraph. 6. REGULATORY JURISDICTION: This Agreement, the obligations of The Company hereunder, and all telephone service to be provided by The Company in connection hereunder, shall be subject to the rules, regulations and orders of any regulatory agency having jurisdiction thereof, and the rates, rules and regulations of The Company's tariffs as now or hereafter filed with the regulatory authorities with whom such tariffs must be filed. 7. SUCCESSORS: The rights and obligations of this Agreement shall inure to the benefit of and be binding upon the respective heirs, administrators, executors, successors and assigns of the parties hereto, provided, however, that no assignment of any of Developer's rights of obligations hereunder, or any portion hereof, shall become effective with out the prior written consent of The Company 30 days after the receipt of your payment and signed contract before we will begin construction. IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first herein above written. ***Conduit with pull rope shall be provided for all cable. COMPANY: CenturyTel of Montana, Inc. dba CenturvTel By: ,:� A t 0 Jeremy Ferkin — General Manager AGG 2 3 Z�ti� (Owner / Developer )ate: 2 G� K:\NETWORKD\VIIV\TC_LE-SUBD\SUBDIVISIONS\SUED CONTRACTS\2004 CONTf�ACTSWT CONTRAC-RVILLAGE GREENS PH 3C.DOC 1411 GLACIER VILLAGE GREENS FIRST INTERSTATE BANK HOMEOWNERS ASSOCIATION, INC. KALISPELL, MONTANA 59903 P.O. BOX 5173 93-168-929 ,73 KALISPELL, MT 59903-5173 PAY TO THE ORDER OF d4j� "Al-/- DOLLARS Z F: ml 290 N Main St Kalispell, Montana 59901-3946 406-758-1000 Friday, August 20, 2004 Jim Connolly Glacier Village Greens Homeowners Association, Inc. Kalispell, MT 59901 Re: Village Greens Phase 3C Jim: Enclosed you will find a contract for your subdivision. Upon your agreement of the contract and charges, please sign and return it to this office along with your check and copies of your approved plot plan with lot numbers and addresses. If we do not receive the contract within 60 days from the above date, your request will be considered cancelled. 1. You must provide a correct street address for each corresponding lot number in your subdivision for our records. 2. After you have returned the signed agreement, payment, and approved plot plan, you must allow us a minimum of 10 days from the paid date before any placement of cable. Contact Art Witts of CenturyTel at (406) 758-1632, ten (10) working days before the date of trench opening. Please don't hesitate to contact me at (406) 758-1225 if you have any questions or if I can be of further help. Sincerely, 0 - Core ills Engineer II /sv Plat Flathead CoTint•.,, Mr-0,-in-i 800 S. iVi lin It. I:aliSpell, MT 59n"t (406) 758-5510 This Form is for Subdivisions & Cnndnminiums Only FOR:-�l6cG,c Vr 114je 6r.eS "ATE 1.4,31 103 rT0 a�-cQ B2tJ �3 G . i DESCP: iaer'Cr ifi//,I A • .L£1 G YEARS ASSESSOR 1999 T!!RU----------- No iFKj 7;AJ(=, -it j9k,Gk 7-6 add 3 7fiA r2oGL / -- o` D D 3 & TO DATE f-9 ® ® 6,36 i I here!,,,., certify that there are no outstanding to -es on the prop-rty assign,, the assessor numbers listed abnve, fnr the years indic�tn' r it each assessor number. 4 UG i z 200 Cgfi4r r 'T' r e r l:(seal)7 l ,ar PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE To the County of Policy No. 7208926- 12 0 9 REPLACES 7208926-1204 CHICAGO TITLE INSURANCE COMPANY Flathead and the City of Kalispell 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 23rd day of July 2004 , at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Glacier Village Greens Homeowners Association, Inc. 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. Issuer! by: STERLING TITLE SERVICES 211 South Main Street, P.O. Box 73 Kalispell, MT 59903 Phone: (406) 752-7000 Fax: (406 752-7207 ltle) Fax: `06� 257-5663 Escrow) www.sterlincii3tlese; lices.com E-mail: info >;, ;-:�rlirlgtitleservices.coM CHICAGO TITLE INSURANCE COMPANY ATTEST Sea"y Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana Page 2 Certificate No.: 7208926-1209 Replaces 7208926-1204 Our File No.: CG-38791 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: A tract of land, situated, lying, and being in the West Half of the Southeast Quarter (Wi/2SE1/4) of Section 32, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Beginning at the SW corner of Lot 1, of the Plat of Glacier Village Greens, Phase IX (records of Flathead County, Montana), to a point; thence along the South boundary of said plat, North 81°32'07" East, a distance of 156.45 feet to the approximate thread of Whitefish River; thence along said thread South 14053'29" East, a distance of 330.14 feet; thence leaving said thread South 71 °04'23" West, a distance of 163.37 feet to a point on the Easterly R/W of a 60 foot road and utility easement known as East Nicklaus Avenue, which is on a 1970.00 foot radius curve, concave Northeasterly (radial bearing North 71 °04'23" East); thence Northwesterly along said R/W and along said curve through a central angle of 10'27'44" an arc length of 359.72 feet to the Point of Beginning. To Be Known As: GLACIER VILLAGE GREENS, PHASE IIIC Page 3 Certificate No.: 7208926-1209 Replaces 7208926-1204 Our File No.: CG-38791 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, including any assessments collected with the taxes, for the year 2004. 2. Reservations in Patents or the acts authorizing the issuance thereof. 3. 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. 4. Any claim arising from the difference in the mean low water of Whitefish River and the meander line as shown by the Government Survey. 5. The right of use, control, or regulation by the United States of America in exercise of power over navigation. 6. 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 Whitefish River, 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. 7. Delinquent water and sewer charges of the City of Kalispell, if any. 8. Agreement regarding water system recorded July 13, 1906 under Recorder's Fee #3491, in Book 54, page 635, and modified by instrument recorded March 6, 1915, as Document 4697 in Book 112, page 332, records of Flathead County, Montana. 9. Notice Of Appropriation of Water Right, recorded September 23, 1919, as Document #3553, in Book 129, page 170, records of Flathead County, Montana. 10. Easement for transmission line and related purposes granted Northwestern Telephone Systems, Inc., by instrument recorded March 9, 1984 as Document #8406909470, records of Flathead County, Montana. 11. Easement for gas pipe line and related purposes granted Montana Power Company, recorded September 6, 1985 as Document #8524910150, records of Flathead County, Montana. 12. Easement for transmission line and related purposes granted Northwestern Telephone Systems, Inc., by instrument recorded November 8, 1985 as Document #8531211540, records of Flathead County, Montana. 13. Certificate of Inclusion of Additional Territory into Flathead County Water District # 1 - Evergreen, and rules and regulations adopted thereby, as recorded March 26, 1986 as Document #8608513410, records of Flathead County, Montana. Page 4 Certificate No.: 7208926-1209 Replaces 7208926-1204 Our File No.: CG-38791 14. Easement for transmission line and related purposes granted Pacific Power & Light Company, a corporation, recorded August 22, 1986 as Document 48623409430, records of Flathead County, Montana. 15. Easement for transmission line and related purposes granted Pacific Power & Light Company, a corporation, recorded September 9, 1988 as Document #8825314590, records of Flathead County, Montana. 16. Consent to Annex Agreement recorded November 14, 1988 as Document 48831909170, records of Flathead County, Montana. 17: Village County Sewer District Levy of Assessment recorded September 2, 1988, as Document #8824609380, records of Flathead County, Montana. 18. Provisions and conditions contained in Certificate of Approval by the State of Montana Department of Health and Environmental Sciences as attached to the plat of Glacier Village Greens, Phase IIIA. 19. Utility easement certificate, certificate of private roadways and park dedication as shown on the Plat of Glacier Village Greens, Phase ILIA. 20. Terms and provisions of the Articles of Incorporation of Glacier Village Greens, Subdivision Phase I Homeowners Association, Inc., and By -Laws of Glacier Village Greens Subdivision Phase I, Homeowners Association, Inc., recorded November 17, 1988 as Document #8832213420, records of Flathead County, Montana. 21. Terms and provisions contained in Agreement regarding development of Glacier Village Greens recorded October 5, 1989 as Document #8927811250, records of Flathead County, Montana. 22. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, 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 (a) 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 October 22, 1992 as Document #9229614460, and amendment recorded September 15, 1995 as Document #9525815200 and amendment recorded May 9, 2002 as Document #200212910400 and re -recorded May 16, 2002 as Document 4200213 6123 10. records of Flathead County, Montana. 23. Terms and provisions contained in Resolution No. 4590, regarding annexation to the City of Kalispell, Montana, recorded November 2, 2001 as Document 4200130609070, records of Flathead County, Montana. 24. Utility easement certificate, 10 foot utility easement, 30 foot irrigation and access easement, common area utility easement and note as shown on the unrecorded plat of Glacier Village Greens, Phase IIIC. 25. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. 3A /1 2 /2 B _ 2B 4B A' 6 %7 4A 1 MON i I As , 9 � 10 � 11 3 f 2A+ ACI LLA— 5 pp�r�t�Zoning PH 3 zA+ 2D We 3BD i I 3BBF city lirnits\� > -� PARK AREA 7 3BBB VICINITY MAP GLACIER VILLAGE GREENS HOMEOWNERS ASSOCIATION PRELIMINARY PLAT - "GLACIER VILLAGE GREENS, PHASE IIIC A 4 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION ON 1.305 ACRES R-4, TWO FAMILY RESIDENTIAL, CITY OF KALISPELL FILE # KP P - 0 3 -13 SCALE 1 " = 2 0 0' �site\kpp 3/_.13.dwg LOT Oi,'5-3 AC. LOT 2 0.153' AC ar. UAW MmffzyAw, me &ACr,- Vk,4W Oft -,MS LEGEND TOTAL AREA., 1305 ACY Lors IV 0, 7,019 Ac, HO. AV* 0,567 ACt Canxaarpd Aral 029 Ac 0 GLACIER VILLAGE GREENS, PH. HIC AN AAEAVW PLAT' OF A POR71OR OF HOWOMER'S PARK 18' aACER V%LA6JRC 6RUW, PA 1114 �0 4 IN M67 W12SE114 SEC T29N, R91W, PUN, FLATWAD COWTY, MaYINA W AC, VA LOT 3 tw all AC LOT 4 0,252 AC. 4 1=