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1. Final Plat - Mountain Vista Estates Phase 2REPORT TO. FROM: SUBJECT City of Kalispell Planning Department 17 2' Street East, suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 website: kalispellplanning. rom Kalispell Mayor and City Council Toni Jentz, Director James H. Patrick, City Manager Final Plat for Mountain Vista Estates Phase 2 MEETING DATE: July 2, 2007 BACKGROUND: This is a request from Touchstone, LLC and Marquardt and Marquardt Surveying; for final plat approval of Mountain Vista Estates Phase 2 that plats 47 single-family lots and 20 townhouse lots on approximately 16.94 acres located on the north side of Three Mile Drive. The property can be described as Parcel B of Certificate of Survey No. 16814, located in Section 2, Township 28 North, Range 22 west, P.M.M., Flathead County, Montana. The Kalispell City Council approved this subdivision subject to 24 conditions on February 7, 2005. Phase 1 was approved on June 5, 2006. All of the conditions have been adequately met or otherwise adequately addressed. A Subdivision Improvements Agreement (SIA) along; with 2 letters of credit totaling $95,070.25 has been submitted with this plat to address 125% of the cost to install infrastructure including but not limited to the fonal street paving, seeding and park improvements. The improvements are anticipated to be completed by December 29, 2007. RECOMMENDATION: A motion to approve the final plat for Mountain Vista. Estates Phase 2 and to accept the Subdivision Improvements Agreement would be in order. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Tom d4AZ 3zes H. Patrick i Director City Manager Report compiled.: June 26, 2007 Attachments: Letter of transmittal Final plat application and supporting documents Return to: Theresa white Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 2 day of July �, 20 07by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Touchstone,-LLC. (Name of Developer) a LIMITED LIABILITY CORPORATION , (Individual, Company or Corporation) located at 1289 N. MERIDIAN RD KA.LISPELL IVIT. 59901 , (Street Address/P. o. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as MOUNTAIN VISTA SUBDIVISION, PHASE II . (Name of subdivision) located at PARCEL A OF CERTIFICATE OF SURVEY LOCATED IN SECTION TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATEHEAD COUNTY, MONTANA. (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of MOUNTAIN VISTA SUBDIVISION PHASE II , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit A"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 76 0S6.200 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: Mountain Vista Subdivision, Phase II Subdivision Improvement Agreement Page I of 3 I . 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 95 070.25 . 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 $ „ 95,1070.25 the estimated cost of completing the required improvements in MOUNTAIN VISTA. SUBDIVISION PHASE II (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter, 2. That said required improvements shall be fully completed by December 29, 20 07 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 one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer mows 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. Mountain Vista Subdivision, Phase II Subdivision Improvement Agreement Page 2 of 3 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. MOUNTAIN VISTA SUBDIVISION / TOUCHSTONE LLC , (Name of Subdivision/Developer/Firm) F by ... STATE OF MONTANA COUNTY OF SLAT q t-4i) AC�LeA (Title) n this �OT-H da of ,�� oy , 20 � ,before me, a Notary Public for the State of Montana, personally appeared A V1 kfA , known to me to be the � of T_0U0;4.j-&'WE', whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above 'tten. -F6 Rky,4AJAJ L) Notary Publi for- the State of Montana Residing at L.4eed,4D E My Commission Expires Ak� /mli(e V 4�? z 4WO1 MAYOR, CITY OF IALISPELL ATTEST: MAYOR CITY CLERK Mountain Vista Subdivision, Phase II Subdivision Improvement Agreement Page 3 of EXHIBIT "A" CERTIFICATION OF WORK TO BE COMPLETED MOUNTAIN VISTA PHASE II SUBDIVISION ROADS & OVERLOT GRADE Item No. Description Unit Measure Estimated Quantity Unit Price Total Price 101 Topsoil Removal/Re lacement C.Y. 11,930 $1.68 $20,042.40 102 Excavation I S u bg rade Prep C.Y. 13,111 $2.08 $27,270.88 103 Stabilization Fabric S.Y. 12,738 $1.30 $16,559.40 104 Select Subbase C.Y. 33185 $17.00 $54,146.00 105 3I4" Crushed Gravel C.Y. 21000 $19.29 $38,580.00 106 4" Ash altic Cement S.Y. 107443 $11.85 $123,749.55 107 Curb & Gutter L.F. 61463 $10.50 $67,861.50 108 Valley Gutters LF 84 $30.00 $2,520.00 109 5' x 4" Concrete Sidewalks I Gravel S.F. 32,532 $3.50 $113,862.00 SUBTOTAL ITEMS 101 - 110 $464,590.73 WATER SYSTEM Completed To Date June 18, 2007 Quantity Com le#ed Total Cost Com leted 8,948 $15,031.80 13,111 $27,270.88 12,738 $16,559.40 3,185 $54,145.00 2,000 $38,580.00 7,911 $93,745.35 61463 $67,861.50 84 $2,520.00 32,532 $113,862.00 $429,575.93 Item No. Description Unit Measure Estimated Quanta Unit Price Total Price Quantity Complete. Total Cost Completed 201 12"' Water Main L.F. 242 $32.50 $7,865.00 242 $79865.00 202 8" plater Main L.F. 31084 $21.00 $64,764.00 3,084 $64,764.00 203 12" Gate Valves & Boxes EACH 2 $29000.00 $45000.00 2 $4,000.00 204 8" Gate Valves & Boxes EACH 13 $1,300.00 $16,900.00 13 $16,900.00 205 12" & 8" Ductile Iron Fittings EACH 5 $600.00 $39000.00 5 $3,000.00 206 Fire Hydrants wI Tee, Pipe, Aux. Valve & Box EACH 8 $4t200.00 $33,600.00 8 $33,600.00 207 Water Services EACH 69 $560.00 $38,640.00 69 $38,640.00 SUBTOTAL ITEMS 201 - 207 $168 769.00 $168,769.00 SEWER SYSTEM Item No. Description Unit Measure Estimated Quantity Unit Price Total Price Quantity Completed Total Cost Com leted 301 8" Sewer Main L.F. 3,091 $18.75 $57,956.25 3,091 $57,956.25 302 4' Diam. Manholes wl Ring & Cover EACH 14 $1,600.00 $229400.00 14 $22,400.00 303 4" Sch. 40 PVC Sewer Services EACH 69 $600.00 $41,400.00 69 $41,400.00 SUBTOTAL ITEMS 301 - 303 $12t 756.25 $121,756.25 DRAINAGE & MISCELLANEOUS WORK Item No. Description Unit AAeasure Estimated Quantity Unit Price Total Price Quantity Com leted Total Cost Completed 401 12" PVC Storm Drain / FE L.F. 543 $23.50 $12,760.50 543 $127760.50 [__402 12" CMP Storm Drain I FE L.F. 85 $25.00 $2,125.00 85 $2,125.00 403 Catch Basin w1 Inlet EA. 6 $1,200.00 $79200.00 6 $7,200.00 404 Bike Path 16" base LF 410 $13100 $5,330.00 410 $5,330.00 405 Bike Path !With 6 Bollards/12"' base LF 610 $17.00 $10,370.00 610 $10,370.00 406 Seeding LS. 1.00 $1,500.00 $15500.00 0 $0.00 407 Traffic Control LS. 1.00 $450,00 $450.00 1 $450.00 408 Mobilization LS. 1.00 $4,500.00 $49500.00 1 $4,500.00 -9I D f' f D EVELO PM.45"r`- 1.00 $38,868,00 $38,868.00 0 $0.00 409 Construction Surve in L.S. 1.00 $9,000.00 $%000.00 1 $900.00 SUBTOTAL ITEMS 401 - 409 $92,103.50 $51,735.50 UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS Item No. Description Unit Measure Estimated Quantity Unit Price Total Price 501 Common Trench LF 4,673 $ 4.00 $18,692.00 502 Street Light Conduit Trench LF 155 $ 4.00 $620.00 503 3 Phase Vaults EA 3 $ 11280.00 $3,840.00 504 Single Phase Vaults EA 12 $ 730.00 $8,760.00 505 Light Pole Bases (FEC) EA 12 $ 550.00 $6,600.00 506 5"' Conduit LF 11352 $ 8.50 $11,492.00 507 4"' Conduit LF 468 $ 5.00 $27340.00 508 3" Conduit LF 51687 $ 3.00 $17,061.00 509 2" Conduit LF 7,083 $ 2.75 $1 %478.25 510 1"' Conduit LF 423 $ 2.60 $1,057.50 511 5" Steel or Fiberglass Sweeps EA 1 $ 175.00 $175.00 512 3" Steel or Fiberglass Sweeps EA 9 $ 1%00 $1,350.00 513 3" PVC Sweeps EA 105 $ 50.00 $5,250.00 514 2" PVC Sweeps EA 151 $ 40.00 $6,040.00 515 Seconda Pedestals EA 36 $ 50.00 $1,800.00 516 Bresnan 2" Roll Pips (Bresnan Supplied) LF 21600 $ 2.00 $5,200.00 S 17 6" Sleeves for Gas Company LF 120 $ 8.00 $960.00 518 4"' Sleeves for Gas Conmany LF 120 $ 3.35 $402.00 519 SI na a LS 1 $ 907.50 $907.50 SUBTOTAL ITEMS 501-519 $11Z025.25 Completed To Date June 18, 2007 Quantity Completed Total Cost Completed 47673 $18,692.00 155 $620.00 3 $37840.00 12 $8,760.00 12 $6,600.00 1,352. $11,492.00 468 $2,340.00 5,687 $17,061.00 7,083 $1 %478.25 423 $11457.50 1 $175.00 9 $1,350.00 105 $5,250.00 151 $69040.00 36 $1,800.00 21600 $5,200.00 120 $960.00 120 $402.00 1 $907.50 $1127025.25 Total Construction Completed to Date $883,861.93 SERVICE COSTS, FEES, ENGINEERING & SURVEYING Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 601 Flathead Electric UMP SUIV 1 $ 105 433.00 $ 105 433.00 100% $105 433.00 602 Northwest Energy UMP SUIV lump 1 $ - $ - 0% $0.00 603 Centurytel SUN 1 $ - $ - 0% $0.00 604 EngineerincL Construction LUMP SUIV 1 $ 16 834.99 $ 16 834.99 96% $16,161.59 L- SUBTOTAL ITEMS 601 - 604 1 $ 122,267.99 $121,594.59 TOTAL PROJECT BUDGET TOTAL ESTIMATED COST OF CONSTRUCTION AMOUNT COMPLETED PRIOR TO BONDING AMOUNT OF REMAINING WORK PRIOR TO BONDING AMOUNT OF BOND (125% OF REMAINING WORK) AMOUNT OF WORK COMPLETED TO DATE PERCENTAGE OF WORK COMPLETED TO DATE AMOUNT OF WORK REMAINING ORIGINAL BOND AMOUNT AMOUNT OF BOND TO BE RETAINED (125% OF REMAINING WORK) BOND AMOUNT TO BE RELEASED AMOUNT PREVIOUSLY RELEASED AMOUNT TO BE RELEASED AT THIS TIME $1,081,512.72 $ 1,081,512.72 $ 19005,456.52 $ 76,056.20 $ 95,070.25 $19005,456.52 $ 19005,456.52 $ 76,056.20 ItAOTA $ 95,070.25`� $ 95,070.25� BRETT $0.00 UJI AS PROJECT ENGINEER FOR THE MOUNTAIN VISTA SUBDIVISION PHASE 11, 1 CERTIFY THAT THE O. 14b [ 4 / t WORK LISTED HEREIN IS CORRECT, IN ADDITION I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE l VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: $ 1,005,456.52� .- THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $ 769056.20� SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 955070.25 THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $0.00 BRETT WALCHECK, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: 12/29/2007 VALLEY BAN K of KALISPELL IVS June 19, 2097 IRREVOCABLE LSE R OF CREDIT NO. 12M Benefia* f : Applicant: City of Kalispell Touchstone, LLC 312 1st Ave E. 1289 N . Meridian Kalispell, MT 59901 Kalispell, MT 59901 Gentlemen The valley Bank of Kalispell has established an irrevocable letter of credit in your favor at the request of and for the account of Touchstone, LLC., to the extent of Forty sic Thousand Four Hundred Eighty live Dollars and 25/100*($46,485,25) W oxnpLele the Wecified improvements In the Mountain vista mates Phase H. Said funds are available by .presentation of your sight drafts), which clearly specify the number of this gilt and are drawn in favor of the secured party cited above. e will honor draft(s) drawn in conformity with the c6nditlons of this credit if presented at our office on or before June 29, 2008. Sincerely, Valley Bank of Kalispell: Gary M, Win, Senior vice President G M M:le F .D. Box 48 - KALISPELL, MT 59903-0048 406-752.-7 1 2.3 FAX 406-752-7320 \dW W-VALL.EYBA,NKMT.00M MEMBER FDIC VALLEY BANK OF KALISPELL June 22, 2007 IRREVOCABLE LETTER OF CREDIT N0.1281 Beneftdary: Applicant: City of Kalispell Touchstone, LLC Parks & Recreation 1289 N. Meridian 3121st Ave E. Kalispell, MT 59901 kalispell,, MT 59901 Gentlemen: The Palley Bank of Kalispell has established an irrevocable letter of credit in your favor at the request of and for the account of Touchstone, LLC,, to the extent of Forty Eight Thousand Five Hundred Eighty Five Dollars and 00/100*($48,585.00) to complete the specified improvements in the Mountain Vista estates Phase IL Said funds are available by presentation of your sight drafts), which clearly specify die number of this credit and are drawn in favor of the secured party cited above. We Will honor draft(s) drawn in conformity with the candy of this credit if presented at our office on or before Tune 29, 2008* Sincerely, Valley Bank of Kalispell Gary M. *rdlisod,, Seni ice President GMM:Ie P.Q. Box 48 # KALISPELL, MT 59903-0048 406-752-71 23 FAX 406-752-7320 01 WWW.VALLEYEANKMT.COM MEMBER FMC City of Kalispell Planning Department 17 - 2" Street Fast, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Wehsite: kalispellplanning.corn June 27, 2007 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Final Plat for Mountain Vista Estates Phase 2 Dear Jim: This is a request for final plat approval of Mountain Vista Estates Phase 2, a 67 lot residential subdivision comprised of 47 single-family lots and 20 townhouse lots on approximately 16.94 acres located on the north side of "Three Mile Drive. Preliminary plat approval for this subdivision was granted by the City Council on February 7, 2005 as a three phase subdivision. Phase 1 was approved on June 5, 2006. Approximately 93 percent of the improvements have been completed. Two minor areas of development remain. Some limited final paving and topsoil placement remains in the amount of $46,485.25 (125% of actual construction estimates) . Also, park land improvements in the amount of $48,585 (125% of construction estimates) remain to be completed. Letters of credit with expiration dates of June 29, 2008 from Valley bank have been submitted for both of these remaining items. A Subdivision Improvements Agreement (SIA) addressing the combined cost of $95,070.25 has been submitted with the final plat to address the completion of the remaining improvements. The SIA has a completion date of December 29, 2007. COO PLUNGE WITH CONDITIONS OF APPROVAL. Condition No. 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PCJD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) . This condition is met. The final plat application is for Phase 2 and is in substantial compliance with the approved preliminary plat. Condition No. 2. That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the Homeowners association prior to the issuance of a building permit. • The developer has submitted a copy of the design guidelines for the subdivision which provide for an architectural review committee to comply with this condition. Condition No. 3. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.0 1). • This condition is met. The Public Works Department has approved the plans and specifications for the public infrastructure in a letter to Brett Walcheck of 48 North Engineering dated June 20, 2005. Condition No. 4. That a rnir mum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of bermin.g or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. • This condition is met. An 8-foot bike path is shown on the approved construction plans within the 20-foot buffer strip. The Parks and Recreation Department has approved the placing of trees, 40 feet on center, and seeding of the remaining portions of the buffer strip. That portion of the trail in front of lots 51 -- 53 was installed as part of phase 1. The far northwestern portion abutting lot 71 is bonded for as part of the Subdivision. Improvements Agreement. Condition No. 5. That a pedestrian trail be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Pans and Recreation Department. The cost of developing the pedestrian path shall be counted towards the parkland dedication requirements. (Kalispell Site Development Review Committee} i The pedestrian trail is being completed as part of Phase I bonding. Condition No. 6. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). This condition is met. A letter from the Parks and Recreation Director dated June 14, 2007, approves of the landscaping agreement for the boulevards constructed as part of Phase 2. The applicants have submitted a check to the Parks Department in the sum of $34,659.58 to address the developer's agreement for installation of the 105 boulevard trees and boulevard seeding. Condition No. 7. That the area designated on the plat as "park" shall satisfy in part the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Parkland dedication requirements are based upon 11 percent of the area in lots. Subtracting the required one acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements. The remaining 1.79 acres can be met through a cash equivalent in improvements to the property. Lased on a valuation of $18,000 per acre, remaining improvements and or cash in lieu of parkland would be in the amount of $32,220. (Kalispell Subdivision Regulations, Section 3.19). • The developer has submitted a separate letter of credit in the amount of $48,585 that will address 125% of the cost of their irrigation system, seeding, playground equipment and 10 trees for the park area as agreed upon by the Parks Department per letter dated June 14, 2007 from Chad Fi.nch.er, Parks Superintendent. These improvements are incorporated into the Subdivision Improvements Agreement. Condition No. S. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20) . a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003) Appendix E. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10--8. e. Section E. Supportive Documentation, Item (a), indicates designation of a.51 acre lot for construction of a future fire station. It should be noted that the minimum lot size acceptable for fire station design is 200 feet by 200 feet. f. It is recommended that consideration be given to annexation. of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. • The plans have been reviewed by the Kalispell Fire Department. A memo from F. Ray Rufl`atto, Kalispell Fire Department, requested several corrections in hydrant locations in a letter dated May 31, 2005. Those corrections have been made in the plans approved by the Public Works Department in their letter dated June 20, 2005. Condition No. 9. That the parcel indicated for the fire department substation be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at no cost to the City at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department stating as much as the lot shall be converted to two lots for single family residential development. The fire station site will be addressed in Phase III of the subdivision. Condition No, 10. That a provision be made for a future 60 foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. (Kalispell Subdivision Regulations, Section. 3.04) . • The applicants have filed an affidavit dated June 25, 2007 reserving a roadway across Homeowners Park "A" providing for a future street extension to the property owners to the north. This will allow Mountain Vista Estates subdivision to connect to lands to the north in a timely fashion. Condition No. 11. That a letter be obtained from the Montana Department of Transportation and Flathead County Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. (MDOT) • This condition has been adequately addressed per letter from James Freyholtz of the Montana. Department of 'Transportation dated June 20, 2007. Condition No. 12. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09). �► This condition is met. The roads are signed in accordance with the Kalispell Public works Department and Uniform Traffic Control Devices Manual. A memo from Fred Zavodny, Kalispell Public Works Department, dated May 17, 2006 states that he has reviewed and approved the road names and addressing on the final plat. Fred again verified this per phone call on June 26, 2007. Condition No. 13. All. existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A five foot utility easement be placed behind the right -of -moray along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Public Works Department) . • This condition is met. The required easements are shown on the final plat and have been reviewed and approved by the Public Works Department per their letter dated June 20, 2005. Condition No. 14. After the construction and installation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the fnal plat. (Kalispell Public works Department) . • A delayed staring certificate stating that the pins will be set by January 1, 2003 is on the face of the final plat. Condition No. 15. The filling of the gravel pit should be coordinated with the City of Kalispell Public Works Department with the appropriate testing performed and documented. (Kalispell Public Works Department). • The gravel pit has been steadily filled during the development of phases 1 and 2. Engineering plans to fill and reclaim the pit were submitted to the Kalispell Public Works Department as part of the initial submittal of all engineering work for the project. Carver Engineering has preformed compaction testing during the entire span of the filling and reclamation work to date. The pit is approximately 3 feet from final fill, reclamation and completion. Remaining fill for those areas in phase 2 are covered in the Subdivision improvements Agreement and associated bonding. Condition No. 16. That the covenants and homeowners by -lavers specifically include the required setbacks and other development standards. That a provision be included in the covenants and by laws that addresses the assessments and maintenance of the common areas including the BPA easement. Additional language be included in the covenants to prohibit the dumping of any lawn clippings, leaves, garbage or other debris in the BPA easement. That the covenants be corrected to reflect the correct language that relates to this subdivision and eliminates language that refers to the maintenance of private water and j or sewage treatment systems. • This condition is met. The Declaration of Design Guidelines, Conditions, Covenants and Restrictions for Mountain Vista Estates PUD dated May 30, 2006 include the requirements found in condition 16. Condition No. 17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). • A letter from the U.S. Postal Service dated November 7, 2005 approves of the proposed mail location for the subdivision. The Central Box Units noted in the letter were included in Phase 1. Condition No. 18. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). Street lighting was designed by Flathead Electric Cooperative to comply with condition 18. Condition No. 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) . • All utilities have or will be placed underground per sight inspection and per city standards. Condition No. 20. That a urn of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. ` Approximately 93% of the necessary infrastructure has been completed for Phase 2 as stated in a letter from Brett walcheck, P.E. of 48 North Engineering. The remaining infrastructure is covered by the Subdivision Improvements Agreement. Condition No. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. • All areas disturbed will be re -vegetated upon final completion of Phase 2 and said remaining work is covered in the subdivision Improvements Agreement. Condition No. 22. A note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for upgraded roads in the area to City standards which are impacted by this subdivision. 0 This condition is met. The note is shown on the final plat. Condition No. 23. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. • This condition is met. The development agreement was signed by the developer and. Kalispell City Manager on May 23, 2006. Condition No. 24. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell. Subdivision Regulations, Section 2.04) . • This condition is met. Phase 1 was granted approval on June 5, 2006. Phase 2 has until June 5, 2008 to be filed. This application is within this timeframe. COMPLUNCE APPROVER PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. COMPLL46NCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and city Subdivision Regulations. A I taxes are current. The title report notes that Valley Bank has an interest in the property and they have filed the necessary `Consent to Plat". COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-2 / PUD zoning designation. RE ObUV ENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the finial plat for this subdivision. Please note that the Subdivision Improvements Agreement should be accepted along with the final plat approval. Please schedule this nutter for the July 2, 2007 city council agenda if possible. You may call me at 751--1850 if I can be of assistance to you regarding this matter. Sincerely, Tom Jentz Director TJ 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 6/6/07 Letter from Marquardt Sa Marquardt Surveying dated 6/ 15/07 Letters from MDEQ dated 6 / 3/ 05 and 6/ 21 / 0 5 Letter from Kalispell Public Works dated 6/20/05 Letter from Kalispell Fire Department dated 5/31 /OS Letter from Parks and Rec dated 6 / 14 / 07 Letter from Parks and Rec dated 6 / 22 / 07 Subdivision Improvements Agreement dated 7/02/07 Valley Bank letters of credit dated 6 / 19 / 07 & 6 / 22 / 07 Treasurer's certification dated 6/5/07 Title report # 172041-CT dated 5/ 11/07 Consent to Plat letter from Valley Bank of Kalispell dated 5/24/06 Planned Unit Development Agreement dated 5/23/06 Letter from MDOT dated 6 / 20 / 07 Copy of the design guidelines, conditions, covenants and restrictions for Mountain Vista Estates PUD dated May 30, 2006 Copy of the declaration of homeowners' association by-laws of Mountain Vista. Estates PUD dated May 30, 2006 Letter from Elden Marvel, Flathead Station, US Postal Service dated 11/7/05 c: 'Touchstone LLC, 1289 N. Meridian Road., Kahspefl MT 59901 Marquardt and Marquardt Surveying Inc., 285 1st Avenue E.N. , Kalispell MT 59901 Theresa White, Kalispell City Clerk City of Kalispell Planning Department 17 - ?d Street Fast, Suite 21.1. Kalispell, Montana 59901 Telephone: (406) 751-1550 Fax: (446) 751 W 1858 FINAL PLAT APPLICATION Project /Subdivision Name: Contact Person: 4 � Name.• r n �.,�� r Address: Phone No.:.,._15 W„�� T Date of Preliminary Plat Approval: Type of Subdivision: ResidentialIndustrial Total Number of Lots in Subdivision L 7 Land in Project (acres) Parkland (acres) Cash -in -Lieu $ No. of Lots by Type-. Owner & Mailing Address: Commercial PUD other Exempt Single Family Y Townhouse Mobile Horne Park g Y Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development kA_�_ Condominium Multi -Family Other Legal Description of the Property -. `" r } FILING FEE ATTACHED $ 7'_71_3,-'5oLC1 Minor Subdivision with approved preliminary plat $400 + $105/lot —Major Subdivision with approved preliminary plat $650 + $105/lot Subdivisions with Waiver of Preliminary Plat $600 + $105/lot —Subdivision Improvements Agreement $ 50 1 Attached Not Applicable (MUST CHECK ONE Health Department Certification (Original) X Title Report (Original, not more than 90 days old) Tax Certification (Property tomes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) 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. Owner(s) Signa ure 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 2 2851 st AVE, E. N KALISPELLr MONTANA 59901 (406) 755-6285 Fax (406) 755-3055 June 15, 2007 City of Kalispell Planning Department 17 Second St. East Suite 211 Kalispell, MT 59901 Re: Mountain Vista Estates Phase II, Sections 2, Township 28 North, Range 22 west, P.M., M., Flathead County, Montana. Enclosed is the Final Plat application for Mountain vista Estates Phase II. Preliminary plat approval was granted on February 7, 2005. The conditions of approval have been met as follows: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as wells as any additional conditions associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat). This application is for Phase II. The subdivision is in conformance with the approved preliminary plat and PUD as approved by the city council. 2, That the development of lots in the PUD shall be sub. ect to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. This item is addressed in the recorded covenants for the subdivision. A copy is enclosed. 3. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, -Chapter 3, Design Standards, Section 3.01). Plans and specifications were designed and are being installed per the Kalispell Design and Construction Standards. Please see attached approval letters dated June 20, 2005 from the Kalispell Public Works Department, and June 1, 2005 and June 212005 from the Department of Environmental Quality. 4. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. The buffer strip is shown on the face of the final plat. The bike and pedestrian trail and buffering are delineated in the construction plan approved by the Kalispell Public works Department letter dated June 20, 2005. The buffer strip does not fall within the jurisdiction of the Flathead County Road Department or the Montana Department of Transportation. 5. That a pedestrian trail be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Parks and Recreation Department. The cost of developing the pedestrian path shall be counted towards the parkland dedication requirements. (Kalispell Site Development Review Committee). The cost of improvements for the pedestrian trail in the BPA easement will be $18,462.00 and is included in the SIA. 6. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). A letter from the Kalispell Parks and Recreation Department approving the landscape plan is enclosed. 7. That the area designated on the plat as "park" shall satisfy in part the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Parkland dedication requirements are based upon 11 percent of the area in lots. Subtracting the required one acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements to the property. Based on a valuation of $18,000 per acre, remaining improvements and or cash in lieu of parkland would be in the amount of $32,220. (Kalispell Subdivision Regulations, Section 3.19). Phase II is dedicating parkland of 1.516 acres, the cost of improving the BPA bike/pedestrian path is $18,462.00 leaving the remaining cash -in -lieu of parkland amount of $13,758.00 to be applied to park improvements. 8. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for construction of a future fire station. It should be noted that the minimum lot size acceptable for fire station design is 200 feet by 200 feet. f. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. The plans have been reviewed by the Kalispell Fire Department. All modifications have been addressed as a condition of the Kalispell Public Work Department approval letter Dated June 20, 2005. 9. That the parcel indicated for the fire department substation be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at no cost to the City at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department stating as much as the lot shall be converted to two lots for single-family residential development. The fire station lot will be addressed in Phase III. 10. That a provision be made for a future 60 foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. (Kalispell Subdivision Regulations, Section 3.04). Mountain Vista Drive is shown as extending for future access. 11. That a letter be obtained from the Montana Department of Transportation and Flathead County Road Department stating the proposed accesses onto Three Mile Drive (Farm to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. (MDOT) The access onto Three Mile Drive (Farm to Market Road) was addressed in Phase I. 12. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09) Kalispell Public works addressed the lots and approved the road name. 13. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A five- foot utility easement be placed behind the right-of-way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Public Works Department). The required easements are shown on the final plat and have been coordinated with the utility companies and Kalispell Public Works. A letter of approval was submitted with Phase I. 14. After the construction and installation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the final plat. (Kalispell Public Works). A delayed staking certificate stating the pins will be set by July 1, 2008 is on the face of the plat. 15. The filling of the gravel pit should be coordinated with the City of Kalispell Public Works Department with the appropriate testing performed and documented. (Kalispell Public Works Department). Plans and specifications were designed and installed per the Kalispell Design and Construction Standards. Testing was performed and documented during Phase I, Phase II and will continue during Phase III. 16. That the covenants and homeowners by-laws specifically include the required setbacks and other development standards. That a provision be included in the covenants and by laws that addresses the assessments and maintenance of common areas including the BPA easement. Additional language be included in the covenants to prohibit the dumping of lawn clippings, leaves, garbage or other debris in the BPA easement. That the covenants be corrected to reflect the correct language that relates to this subdivision and eliminates language that refers to the maintenance of private water and/or sewage treatment systems. The covenants were recorded with Phase I, a copy is enclosed. 17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). The mailbox and location were approved in Phase I. 18. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). Flathead Electric Cooperative designed street lighting in conjunction with the City of Kalispell for light pole placement and lighting standards. 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). All utilities have been or are being placed underground and are in the Right of ways or have been granted an easement. 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. Currently Mountain Vista Subdivision Phase II is 84% complete with necessary infrastructure. Please see the enclosed SIA and cost analysis. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. All areas disturbed in Phase II construction will be reseeded upon completion of Phase II. 22. A note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for upgrade of roads in the area to City standards which are impacted by this subdivision. The note has been placed on the face of the final plat. 23. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. The developer and Kalispell City Manager signed a development agreement on May 23, 2006. 24. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). The plat for Phase II is being submitted within the allotted time. If you have any question please do not hesitate to call our office. Sincerely, Debbie Shoemaker Marquardt & Marquardt Surveying 109 Cooperative Way e Suite 105 - Kalispell, MT 59901-2389 • (406) 755-8985 - FAX (406) 755-8977 Brett W. Walcheck, P.E. 48 Forth, P.C. P.O. Box 651 Whitefish, MT 59937 June 3, 2005 RE: Mountain Vista Subdivision, Water & Sewer Extensions; EQ# 05-2905 Dear Mr. Walcheck: Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting &Compliance Division utilizing the certified checklist procedure and DEQ-2. The plans and specifications are hereby approve. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. Approval is based on plans and specifications received May 26, 2005 under the seal of: Brett W. Walcheek, P.E.# I4872PE. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be'accompanied by a set of "as -built" record drawings signed by the project engineer. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project may need a storm water general permit. Please contact the Water Protection Bureau at 406-444-30 80 for more information. Sincerely, I r e n,vironmenta Engineer Public Water - pply Section Public Water Supply and Subdivisions bureau cc: City of Kalispell, PWD Flathead County Sanitarian File Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division - Remediation Division 40� Montana Department of TrIlIq Ib'NVIRONMENTAL QUA! XTY Brian Schweitzer, Governor IY.Yr'l Iq�.. P.O. Bost 200901 Helena, MT 59620-0901 (406) 444.2544 www.deq.mt.gov June 21, 2005 Brett Walcheck PE 48 North PC Po Box 651 Whitefish MT 59937 Dear Mr Walcheck: RE: Mountain Vista Estates Municipal Facilities Exclusion EQ#OS-2905 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 17.3f . 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 t76-4-111 (3), MCAJ . 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 mailed to the Public Water Supply Section, Kalispell Office for their review. Sincerely, anet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 —email jskaarIand@state.mt.us - cc: City Engineer County Sanitarian file Enforcement Division • Permitting & Compliance Division - Planning, Prevention & Assistance Division • Remediation Division .......... CI*ty of Kali*spell Publi*c Works Department ^y: Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 .dune 20, 2005 48 North, P.C. P.O. Box 651 Whitefish, Montana 59937 Attention: Bret walcheck, P.E. Re: Mountain Vista Estates Kalispell, Montana Dear Bret: The construction plans and supporting documents for the referenced project are hereby approved with the following comments: Regarding the placement of private utilities please ensure the project meets the fallowing: 1. There shall be reserved along the front lot line and side street lot line of each residential lot a five foot (5" wide utility easement along, contiguous and adjacent to the lot line to provide an area between the sidewalk and easement line for the placement of privately owned underground utilities. No underground utilities, except service sweeps from the utility trench to the street lights, utility bones, pedestals, vaults, or transformers shall be placed in the boulevard between the back of curb and sidewalk or within a sidewalk itself. No utility boxes, pedestals, vaults, or transformers shall be placed within the radial extension of an easement, proposed roadway, or access way to any city. facility. Only water, sewer and storm sewers may be placed within the street right-of- way. No underground utilities, except service sweeps from the utility trench to the street lights, utility bones, pedestals, vaults, or transformers shall be placed in the boulevard between the back of curb and sidewalk or within a sidewalk itself. No aboveground utility boxes, pedestals, vaults, or transformers shall be placed within the boulevard, the radial extension of an easement, proposed roadway, or access way to any city facility. The fire department has requested that a 5"' Storz adapter shad be placed on the pumper outlet of each fire hydrant for all future projects. Attached is your copy of the letter of approval sent to the Flathead city -county Health Department., We look forward to working with you on this project. Sincer ly► e: Frank Castles, P.F. Assistant city Engineer Attachment: As stated KALISPELL FIRE DEPARTMENT TO: FRANK CASTLES, ASSISTANT CITY ENGINEER FROM: F. RAY RUFFATTO, ACTING DEPUTY FIRE MARSHAL MATE: MAY 31, 2005 SUBJECT: FIRE HYDRANT LOCATIONS — }FOUNTAIN VISTA ESTATES We have reviewed the water plan for the above -referenced project and have the following comments: Hydrant Relocates: ➢ Lot 3-4 move to NE corner of Lot 45B Lot 9 move to between Lot 7-8 Lot 4913-48A move to between Lot 51 and the Park Lot 30-31 move to between Lot 29-39 NW Lot 87 move to NE Lot 141 Lot 95 move to SE corner of Lot 129 Hydrant Additions: � Add one hydrant SE corner of Lot 35 From an operational aspect, it is important the hydrants are installed between the street and sidewalk, at the correct height, and with the steamer port oriented the proper direction. Please contact me if you have any questions. ",assisting our community in reducing, preventing, and mitigating emergencies. " 35 1ST Ave East — P O Box 1997 —Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: cfincher@kalispell.com June 14, 2007 Touchstone LLC Attn: Phil Neuharth 1289 N. Meridian Road Kalispell, MT 59901 Phone: 406 - 755-6789 Re: Mountain Vista Phase 11 Dear Phil: This letter is to serve as approval of the landscaping agreement submitted and dated June 8, 2007 for the boulevard tree planting and seeding needed for Mountain Vista Phase 11. This agreement stipulates that developer will pay the city $32,025.00 to plant 105 trees. The developer also agrees to pay the city $1,625.08 for 23,215.47 sq . feet of the boulevard. The total cost of the developer's agreement including the 3% administration fee comes to $34,659.58. Touchstone LLC will also need to bond for the park amenities. (See Attached) It has been enjoyable working with you Phil, and we appreciate your thoroughness and attention to detail. If you have any concerns or questions please give me a call. Sincerely, Chad Fincher, Parks Superintendent CC: Sean Conrad, Planning Department Mike Baker, Parks and Recreation Director Deb Diest, Finance Department LANDSCAPING TABULATIONS FOR. MOUNTAIN VISTAS ESTATES PHASE II Number of trees to be purchased calculation is based on 4,221.26 feet divided by 40 feet = 105 trees Trees .............105 a@ $185.00 ea....................... $19,425.00 Tree planting ...105 @a $120.00 ea ....................... $12,600.00 Total for purchase and planting trees........... $32,025.00 Seeding......... 23,215.47 sq. ft. a* $.071sq. ft = $ 1, „fi25 08 Total for trees & seeding ................................ $33,650.08 .Administrative Fee 3 % of total contract ............. $ 1 009.50 PROJECT TOTAL .......................... . ... $34,659.58 The developers, Touchstone LLC, will do the boulevard prep and place topsoil to meet curb height. Touchstone LLC %Phil Neuharth Phone: 755-6789 1289 North Meridian Kalispell, MT 59901 Prepared by Debbie Shoemaker Marquardt & Marquardt Surveying, Inc. . 1-FS y t � [� 1 1 [_ 11. [ rl li 11 1! � . 4+ at N � .a aa• • [• __ __ — __�'..0 i#-( -Account No 93--229/929 DATA o; PAY TO.THE — - -- —� r�=�-_ ORDER F 3q�i=� - f- ]01 O-.LLAR E' N �Y K. at Ki..L srC i.� - te 41 - c s - i/1 i] It* m •f, ' f s f Yk� r�J ''4 ,t i �,.�,� � ��j�1� t S _ - t •F _ Y• l; `0 t 4 " J r 4 • i ,� 7"' 7'� 1 0 Ka AAg Parks and Recreation June 22, 2007 Touchstone LLC. Attn : Phil Neuharth 1289 North Meridian Road Kalispell, MT 59901 Phone: 406-755-6789 35 1St Ave East — P O Box 1997 —Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: cfincher@kalispell.com Re: Mountain Vista Subdivision, Phase 11 Dear Phil: This letter is to serve as approval on the proposed park plans for Mountain Vista Subdivision, Phase 11 per the plans submitted by your office. It is agreed that Touchstone LLC will bond for the park improvements to get final plat of phase II in Mountain Vista Subdivision. Tree plantings are required to meet the Street Tree Ordinance standards of 2 Y4)1 caliper and of an approved species from the Kalispell Parrs department planting list. Final approval will be given upon completion, inspection and approval of the landscaping, tree plantings, and playground at which time bonding and/or letter of credit would be released. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely, Chad Fincher, Parks Superintendent Kalispell Parks and Recreation CC: Sean Conrad, Kalispell Planning Mike Baker, Parks and Recreation Director 6/22/2007 Kalispell Darks and Recreation Mountain Vista Subdivision, Phase ZI Park Improvements to be bonded by Touchstone LLC 1. Irrigation system and seeding $141000.00 2. Ptay ground equipment 3. Trees, 10@]a S185.00 $ 1,850.00 4. Labor to install trees $ 1,200.00 Total to be bonded $38,868.00 x 1.25 = $48,585.00 JUN 14-07 THU 03:12 PM LARRY GRONDAHL 7015720324 P.0 1 FARGOt ND BISMARCK, ND MINOT, NO Dako& Fence 1202 181b Street West + Wjlfistons Nil 58801 SW726 -406d a Office 701-572-7897 ■ Fax 701-572-0824 E-mail: play@dakotafeuce,c+om Website: www.dakotafelace.com EquA) Opportunity Employer Pi-iZJ. NBUHARTH PROPOSAL SUBMITTED TO PiiONE DATE ]?REMiERE READ. ESTATE 406-755-6789 6-14-07 STLtELT 1413 NAME [CM, STATE AND ZIP CODE' J03 LOCATION KAL1SPELL, MT 1 .ALISPELL Mx We propose to provide the following item(s) quantity as Iistcd. TM FOLLOWING EQUIPMENT FROM LS1 (1) CUSTOM PLAYBOOSTER SYSTEM $21,618 FREIGHT 1.965 TOTAL $235583 DAKOTA PENCE HILL SELL ENTIRE PACKAGE FOR618 IF QRDERED BY JUNK~ 25TR 20071 !00Mr NO We Propose hereby to furnish materials — complete in accordance with the above specifications, for the sum of: As per above. Dollars ($- Payment io be madc as Mows, Uoon Dell"Verv. AU nrameriat is gvaeramccd to be as 5pc fla Iflwlagation is a past of the contract, all woA to be camA ctcd in a Workmanship umme r according to standard practices. alftntion or dei�ation above speC61;atioos iavohri cxl,ra cans w U be exockad and w& bcc an 00m cba; over and above the e�4te. �RTANT: ,�A U ppiayg)ro* e4ur x mt u be pro maintained end �rztzftd over a sk%rf; ee tiMe� �Ist adequate fau prat�an. par d�t�ai,s cr to the "Handbook kc Public RaygCouud v. Ti sQlcty the cr'a asibilily to raat�ct dock the Dtaygrau�d r soma a wear, vandartim or vtbtarwi prescr+ting sa unute con t m AU ztretvmm oanii vii upon ems, at4&nt3 or delays beyond O.ir control, mar to carry fire, !ormdo and odw accessary ice. Chi worker's am fully oov=d by Watkers Compma too tnsuurawA. Acceptance of Proposal The above prktcesa SPcci icati ms M'd oonditiam am satis factm y sad am laemby acrceptad You are audxm-i;�,cd to do the work a� sowifted_ Payment wfll bo made as outlined above. bete of Acoeptsnce Authotritd S ignat1re tarry GrondsW Note: This proposal mAy be with Amwn by us if rnot accepted Within SignsWre X, Title 30 days. PROPOSAL VALLEY B A N K OF KALISPELL CONSENT TO PLAT E. Pursuant to section 76-3-E 12, MCA the undersigned, Valley Bank of Kalispell, as beneficiaries on a Deed of Trust dated 5-20-2005 to secure an indebtedness of $1,200,000.00 and amended on 4-28-06 increasing the indebtedness to $1,600,000.00 hereby consents to the platting of a tract of land to be known and named as "Mountain Vista' estates. In witness whereof, said party has caused their name to be subscribed hereto on this 24th '.ay of May 2006. Gary dison, Vice President Valley Bank of Kalispell STATE OF MONTANA e COUNTY OF FLATHEAD . Can this 24th day of May, 2006, before me the undersigned Notary Public in and for the $tate and Countyaforesaid, personally appeared, Gary M. Madison. known. to me to be p y pp �' the Vice President of Valley Bank of Kalispell, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. k. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. f ! 1F = MAL+"'. a..� /125v/.4. ..... 55.0 (Printed Name of Notary Public) `' x i3•" `' Notary Public State of Montana ■ J:t �:. My Commission Expires: 6/30/2009 P.O. Box 48 KALISPELL, MT 59903-0048 406-752-7 t 23 FAX 405--752--7320 * WWW.VALLEYBANKMT.COM MEMBER F©IG Plat Room V, ..ry: Flathead County, Montana 1p\ 800 S. Main St. --� Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY : MARQUARDT FOR : TOUCHSTONE LLC DATE.' 4/23/2007 DESCP : MOUNTAIN VISTA ESTATES PH 3 PURPOSE: Subdivision (Tr 1 D in 2-28-22) YEARS 2603 thr_u_2006 ASSESSOR # 0623875 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. j U N 0 5 2007 Deputy Treasurer (seal) PLANNED UNIT DEVELOPMENT AGREEMENT MOUNTAIN VISTA ESTATES 4 THIS AGREEMENT, made as of the V day of May, 2006, by Touchstone LLC, a Montana limited liability company, of 1289 North Meridian Road, Kalispell, MT 59903, hereinafter TOUCHSTONE, and the City of Kalispell, a municipal corporation, , of 312 1st Avenue East, Kalispell, Montana 59901, hereinafter CITY; WITNESSETH WHEREAS, TOUCHSTONE is the fee owner of certain real property located in. Kalispell, Flathead County, Montana, which is ft rther described as Parcels A- & B of Certificate Of Survey # 16084 in Section 2, Township 28 North, Range 22 west, P.M.M. Flathead County, Montana and is hereinafter referred to as "Subject Property"; and WHEREAS, (i) TOUCHSTONE desires to have a Planned Unit Development overlay (PUD) upon the subject property currently zoned as R-2 Single Family Residence that would allow some flexibility in lot sizes, housing types and site configuration; and WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements within the "Subject Property", and prescribe the permitted uses therein, the parties hereto determine it to be in their interests to enter into this Development Agreement. I. GENERAL INTRODUCTION § 1.01 General The use and development of the Subject Property shall substantially conform to and comply with the provisions of the PUD Application filed by applicant and the conditions contained within Kalispell City Resolution No. 4973 conditionally approving the preliminary plat of the Mountain Vista Estates PUD and incorporated fully herein by this reference. PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page I of 8 § 1.02 Relationship to Zoning Ordinance Except as specifically modified or superseded by this Development Agreement, the lavers, rules and regulations of the City of Kalispell governing the use and development of land and buildings, including the City of Kalispell Zoning Ordinance, shall apply to the Subject Property. P rtY. _ 1.03 Draw* s _. The drawings comprising the Ppreliminary Plat and annexed to this Planned Unit Development Agreement are an integral and essential component thereof, and they are incorporated by reference herein. § 1.04 Effectiveness and Cancellation The provisions of this Planned Development Agreement shall become effective imrmediately and shall terminate upon the issuance of the final building permit for development of the Subject Property. This Development Agreement may be modified or amended only as set forth in Article IV hereof. § 1.05 Certification Procedure Whenever in this Planned Unit Development Agreement a certificate by the Director of Public Works is required to be given, such certificate shall be given within thirty (30) days of the receipt of a completed application. Such an application shall be deemed to be complete upon receipt of such drawings and narrative information as are reasonably necessary for the. issuance of such certification. II. PARCEL DESCRIPTION § 2.01 The Subject Property, described in the recitals above, shall be developed with the infrastructure improvements as described below. No building permit shall be issued for any of the parcels unless and until all improvements specified in this Agreement as well as those infrastructure improvements which may be required by the City of Kalispell's Standards for Design and Construction are either constructed or security provided guaranteeing construction of said improvements for that particular parcel upon which a building permit is requested. M. SITE CONDITIONS AND REQUIREMENTS 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council. 2. The development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter shall be submitted to the Kalispell Site PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 2 of 8 Development review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. 3. The plans and specifications for all public infrastructure shall be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works 4. A mm* Imum 20--foot buffer strip shall be established between Three Mile Drive and the subdivision that will include a bike and pedestrian trail and buffering in the form of berrning or landscaping or both. These improvements shall be coordinated with the Kalispell Public works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. 5. A pedestrian trail shall be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Parrs and, Recreation Department. The cost- of developing the pedestrian path shall be counted towards the parkland dedication requirements. 6. 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 five foot landscape boulevard developed between the curb and the sidewalk. 7. he area designated on the plat as `park" shall satisfy in part the requirements for parkland dedication_ and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Parkland dedication requirements are based upon 11 percent of the area in lots. Subtracting the required one -acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements., The remaining 1.79 acres can be met through a cash equivalent in improvements, to the property. Based on a valuation of $18,000 per acre, remaining improvements and or cash in lieu of parkland would be in the amount of $32,220. 8. The following requirements shall be met per the Kalispell Fire Department: a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Section 503. PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 3 of 8 d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance 10-8 . e. Section E. Supportive Documentation, Item. (a), indicates designation of a .51 acre lot for construction of a future fire station. It should be noted that the minimum lot size acceptable for fire station design is 200 feet by Zoo feet. f. It is recommended that consideration be given to annexation of Three Mile Drive and --Farm--to- MarketR-oad-adjacent -to-the--public-right=�of way. 9. The parcel indicated for the fire department substation shall be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at no cost to the City at the time of final plat submittal. If the lot proposed for the fire department -substation is not needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department- stating as much as the lot shall be converted to .two lots for single family residential development. 10. A provision shall be made for a future 60 foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. 11. A letter shall be obtained from the Montana Department of Transportation and Flathead County Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market Road) has been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. 12. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public works Department stating the naming; and addressing on the final plat have been reviewed and approved. 13. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow . for the logical extension of utilities from this subdivision to adjoining properties.. A five foot utility easement be placed behind the right -of --way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public works Department shall be obtained stating that the required easements are being shown on the final 'plat. 14. After the construction and installation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the final plat. 15. The filling of the gravel pit shall be coordinated with the City of Kalispell Public Works Department with the appropriate testing performed and documented. PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 4of8 16. The covenants and homeowners by --laws shall specifically include the rewired setbacks and other development standards. A provision shall be included in the covenants and by laws that addresses the assessments and maintenance of the common areas including the BPA casement. Additional language shall be included in the covenants to prohibit the dumping of any lawn. clippings, leaves, garbage or other debris in the -BPA easement. The covenants gh�all be -corrected--to--reflect --the correct- -language -that---relates to- this -- subdivisi-an--and_. eliminates language that refers to the maintenance of private water and/or, sewage treatment systems. 17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 18. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 19, All utilities shall be installed underground. 20. A. minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 21. All areas disturbed during development of the subdivision shall be re --vegetated with a - weed -free mix immediately after development. 22. A note shall be placed on the face of the final plat, which waives protest to the creation of a special improvement district for upgrade of roads in the area to City standards, which are impacted by this subdivision. 23. The final plan as approved, together, with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. 24.. Preliminary plat approval for the first phase of the planned unit development shall be. valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. Iv. AMEE DMENT OR MODIFICATIONS OF . DEVELOPMENT AGREEMENT § 4.01 This Development Agreement may be amended or modified only, by application of the owner, in accordance with the procedures set forth herein. § 4.02 Application for amendment or modification may be made, to the City of Kalispell Site Review Committee, by any fee owner of a parcel in respect to the Subject Property. § 4.03 Modifications of this Development Agreement which are determined by the Site Review Committee to be minor modifications shall require only the consent of the Site Review PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 5 of 8 Committee, and shad not require the consent or approval of the City Council or any other public agency. All amendments and modifications to this Development Agreement other than minor modifications shall require the approval of the City Council of the City of Kalispell. § 4.04 All applications for modification or amendment of this Development Agreement shall be filed with the Site Review Committee and the Site Review Committee shall promptly determine § 4.05 The Site Review Committee shall make its determination with respect to any application for a minor modification subject to this Section within fifteen (15) days after it determines the application to be subject to said minor modification. § 4.06 If the amendment or modification requested is of such a nature as to require approval of the- City Council, the Site Review Committee shall refer the matter to the City Council within fifteen (15) days after it determines the matter requires Council review. § 4.07 The. owner may appeal any decision of the Site Review Committee to the City Council, who may affirm, reverse or modify the Site Review Committee decision. V. CONSTRUCTION PERMITTING 1. No building permit in respect to the building in any structure shall be issued by the Building Department until the Director of Public works has certified to the Building Department that the infrastructure improvements and roads as required herein substantially conform to the Site Condition requirements contained in this Agreement and that said improvements have been constructed or security guaranteeing the construction has been received by the City. 11. For purposes of this Section, the "Security" required shall be in an amount equal to 125% of the developer's Licensed Engineer's estimate of the cost of constructing said improvements. VI. MISCELLANEOUS § 6.01 Effective Date This Agreement shall be effective immediately and shall remain in full force and effect until all parcels within the Subject Property are developed or August 15, 2008, whichever occurs first. § 6.02 Severability In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or determined to be invalid or. unlawful by a court of competent jurisdiction, such provision shall be severable and the remainder of this Agreement shall continue to be of full force and effect. PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 6 of 9 § 6.03 Recordation This Agreement shall be recorded along with the CCNR's with respect to the subject property. § 6.04 Entire Agreement -Primacy This Agreement constitutes the entire agreement between the parties and ray -only be amended as set forth herein: In the event, during the term of this Agreement, there is a variance -between the provisions of this Agreement and the CCNR's, filed with respect to the subject property, this Agreement shall tame precedence. § 6.05 Binding Effect This Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and. assigns. Dated this Zz d day of May, 2006. TOUCHSTONE, LLC Managing Member CITY OF IA.LI S P ELL BY: Ja H. Patric City Manager PLANNED UNIT DEVEL OPEW S AGREEMENT/MOUNTAIN VISTA ESTATES Page 7 of 8 STATE OF MONTANA ) ):ss County of Flathead ) On this Zz� day of May, 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared AqV1LJ_, 9 =� managing member of Taihtn �I.�L;^-that eeot��ihor�og-ntrurnen; andckriowleged-Q me that hls - exeettted the same. IN YRTNESS YMEREOF, I have hereunto set my hand and affixed my,Notarial S 0al the day and year in this certificate first above written. f Notary P lic, State of Montana Residing at jKa I 11 0 f - My Commission Expires[ ;607 STATE OF MONTANA ) ):ss County of Flathead ) On this �� day of , 20 �)4 , before me, a Notary Public in and for the State of Montana, personally appeare AMES H. PATRICK, known to me to be the City Manager of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein set forth, and that he was duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. -� • •' ' . `� Notary Pub l i State o ontana Residing at . My Commission. Expires � - A .L ffllllEll�t�� PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 8 of 8 06/ 20/ 2007 11: 24 7553055 MARQUARDT SURVEYING PAGE 02 40 _ _..... -- ----- .. M o��► Pip0itmen! of R no0ciff on Jim Lynch, Director BriCxrr Schweitzer, Governor Kalispell Ama Office 85 Fifth Avenue East North PG Box 7308 Kalispe!lf M T S 9904-0808 ,tune 20, 2007 Sean Conrad City of Kalispell Planning Department X 7 - 2nd txeet East, Suite 211 .Kalispell, MT 59901 Subject'. Mountain vista. — Phase 2 Sean, this letter is notification of approval by the Montana Department of Transportation (MDT) for Mountain Vista to proceed with the next phase of their development - MDT DT has previously rreceived documentation that the developers of Mountain Vista and Spring Creek Estates have set aside adequate funds to complete the required imparovements to Secondary 424, Currently the developers are scheduling a preconstruction conference with MDT so them' contractor can proceed with the construction of the required improvements this sure mer. If you have any questions please feel free to contact me. Sincerely, A"W-0* .004rlo�v James M. Freyholtz, P.E. Kalispell Area Traffic Engineer (406) 751-2000 copies. File Are Equal Opportunity Employer 77Y: J] j 335-7592 Phooe: (4m) 751- 2000 web Page, www. mdt-mt.9ov Fax, lA06) 7,52--5167 oc-vss 4 OT OATE— LX*710(.0 71ME-#46 429-m-PAGE'S PAULA ROBIN50N FLATHEAL) COUNTY MONTANr DECLARATION OF DESIGN GUIDELINES, CONDITIONS, COVENANTS AND RESTRICTIONS FOR MOUNTAIN VISTA ESTATES PUD THIS DECLARATION is made this , e- ` da of 200 b the y )y undersigned, Touchstone, LLC. 1289 N. Meridian Road, kalispell, MT 59901. Whereas, the undersigned is the owner of certain real property known as Mountain Vista Estates, according to the recorded plat thereof on file and of recording with Office of the Clerk and Recorder of Flathead County, Montana. Mountain Vista Estates is a subdivision located in the SW 114, S2 T28N R22W., P.M.M., to be part of the Home Owners Association and subject to these guidelines, conditions, covenants and restrictions as described herein and administered by the DECLARATION OF HOMEOWNERS ASSOCIATION BYLAWS OF MOUNTAIN VISTA ESTATES PUD. THE HOMEOWNERS ASSOCIATION: The Homeowners association shall be responsible for the care and maintenance of the common properties and each homeowner's use of the common properties will be governed by such rules as adopted by the Association. Touchstone, LLC shall establish a checking account on behalf of the Homeowner's Association. Assessments shall be $50.00 per lot per year, due January 1st of each year beginning in 2007. For the purposes of maintaining and caring for these common properties, the Board of Directors may make reasonable annual assessments to the lot owners and such assessment may be collected in a suit subject to the provisions stated below for enforcement of covenants and may become a lien upon the land by filing by the Board of Directors of a lien which shall describe the lot, state the amount of the assessment that has not been paid, and when it zoosisa 1 i Ido was assessed. A lot owner whose lot is subject to such a lien must pay the assessment costs before the lien is released. This lien may also be foreclosed in the manner of foreclosure for mortgages with the prevailing party entitled to attorney fees. Common properties as used herein shall include designated parkland. Lot owners are encouraged to remain active members of this Association. Each lot owner is a member of the association by virtue of their acquisition of the lot. Lot assessments may be adjusted by a majority of lot owners if deemed necessary by the Homeowner's Association. NOW THEREFORE, Touchstone, LLC, herein referred to as the Declarant, being the owner of all the real property known as Mountain Vista Estates, according to the plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana, hereby declares that the said real property is, and shall be held, transferred, sold and conveyed, subjected to the design guidelines, conditions, covenants and restrictions hereafter set forth. All persons or corporations who shall hereinafter acquire any interest in the above described property shall be taken and held to agree and covenant with the owner of the lots in said subdivision and with their heirs, successors, and assignees, to conform to and observe the following conditions, covenants and restrictions as to the use thereof and as the construction of dwellings and improvements thereon. Each owner is responsible for complying with and meeting the spirit and intent of the criteria of the guidelines, conditions, covenants and restrictions which are designed to provide a uniform plan for the development of the whole of said subdivision. I. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than the one detached single family dwelling with not less than a two car garage, or a townhouse, on the approved townhouse lots, not to exceed two stories, plus basement, in height, not to exceed 35 ft. and a private garage for not less than one car. However, the foregoing provisions shall not be interpreted to exclude construction of a private greenhouse, garden shed, private swirnmmg pool, or shelter facilities, or port for the protection of such swimming pool, or other recreational facilities, or for the storage of a boat and/or a camping trailer kept for personal use, provided the location of such structures are in conformity with the applicable municipal regulations, and are compatible in design and decoration with the residence constructed on such lot. 2. The main floor area of the single family dwelling structure, exclusive of basement, open or screened porches and attached garages, shall be no less than 1400 square feet for a dwelling of one story (1200 square feet for Phases 11 & 111) or 1500 square feet for a dwelling of two stories. Split level/multi-level dwellings shall aoossss I I (Ob contain a minimum floor area of 1800 square feet, with all levels, exclusive of garage area within the dwelling unity, included in computation of footage for such dwellings. Townhouse dwelling structures, exclusive of basement, open or screened porches and attached garages, shall be not less than 1200 total square feet. 3. All structures, appurtenances and setbacks shall comply with City of Kalispell R- 2 zoning with a PUD overlay. Front, rear and side corner setbacks are 20 feet, side setbacks are 5 feet. Percent of lot coverage is 3 5 % . Lot coverage is defined as the total area of a lot covered by the principal and accessory buildings, or structures including any area occupied by overhangs or roofs and any attachment to a building or structure, but excluding (a) open decks less than 30 inches in height.. (measured from grade to top of the platform); and (b) an eave extending up to two feet from the . exterior wall of the building or structure. 4. Each owner of a lot within the subdivision shall construct a concrete driveway from street to garage prior to occupancy of the dwelling. There after the owner shall maintain and repair their driveway. Structures shall be guttered and the run off water shall be retained on site. 5. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, including but not limited to skateboard ramps, in or adjacent to, any of the streets. 6. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. 7 No sign of any kind shall be displayed to the public view on any lot except one professional sign, not more than five square feet, advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sale period. An appropriate entrance sign is excepted here from. S. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot; other usual household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose, and provided that they are not permitted to cause damage, constitute a nuisance, or run at large in the neighborhood. 9. No house trailer, camper, boat or trailer of any type shall be stored or parked in the front yard or driveway portion of any lot, or on any street within the subdivision; such storage area must be behind adjacent building line. 10. No building shall be erected, placed, or altered on any lot until the construction plans and specifications, and a plan showing the location of the structure, have been approved by the Architectural Control Committee, as defined below, as to quality of 2006158 1 ((00 workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the building setback line, unless similarly approved. 11. The Architectural Control Comnn.ittee shall initially consist of (2) persons designed by the undersigned ("Initial Comrittee"). Upon the erection and completion of family dwellings, intended for separate occupancy and ownership, on all of lots within the subdivision, the Initial Committee shall turn control of the Architectural Control Committee over to the residents of Mountain Vista Estates PUD, whereupon a majority of the residents shall appoint (4) members from within the subdivision. All appointed members from the subdivision shall serve a (1) year terra. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor for the balance f that member's term. The members committee shall not be entitled to any compensation for services performed pursuant to this covenant. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. The Architectural Control Committee will approve plans and placement of house on each lot at their own discretion and will not be responsible, or liable in any event if, in the course of decisions, a house should block a portion of all of another's view, or of any other dispute that may arise form the committee's decisions. 12. Approved projects must be completed within (6) months after issuance of a building permit. Failure to complete work within the prescribed time will cause the approval to be rescinded and resubmittal will be required. The Architectural Control Committee may grant an extension under extenuating circumstances brought to its . attention. 13. Regarding the physical structure (i.e. family dwelling and fencing) itself, the following will apply: Roof: The roofing shall be composition material, or better, with a minimum 20-year warranty. Siding: Siding must be applied over the sheeting of a framed wall. Any application of vinyl siding shall be approved by Architectural Control Committee (i.e. colors, specifications, etc.). If the front elevation is gabled, the gable siding must contrast with the body siding. 200(;158 ((ICFD Fencing: All fencing shall conform to city standards regarding height. Painting: All house colors must be approved by the Architectural Control Committee. 14. Trees and shrubs or landscaping of any kind will be kept neat and orderly. The front yard landscaping of each lot must be completed within four (4) months from the date of completion of a family dwelling structure constructed thereon or prior to occupancy, whichever event shall first occur. In the event of undue hardship due to weather conditions, this provision may be extended upon written request to the Architectural Control Committee. 15. All vacant lots and lots with partially constructed improvements shall be kept clear of any construction debris. weeds and grass shall be kept mowed and not allowed to grow to a height of more than six (6) inches. No trash, garbage or lawn clippings/yard waste shall be placed at any time within the BPA easement. 16. No lot shall be used or maintained as a dumping ground. Rubbish, trash, garbage or other waste shall not be kept except in sanitary containers, pending collection and removal. All incinerators or other equipment for the temporary storage of material shall be kept in a clean and sanitary condition. 17. These covenants are to run with the land and shall be binding on all parties and all persons clan =' g under them for a period of thirty (30) years from the date these covenants are recorded; after which time said covenants shall be automatically extended for successive periods of ten (10) years. In the event that it appears to the advantage of this platted subdivision that these restrictions should be modified, then and in that event, any modification desired may be made by affirmative vote of 80% of the then owners of lots within this subdivision and evidence by suitable instrument filed for public record; or if such event occurs during the development period such modifications or waiver of nonconformity may be evidenced by special permission granted in writing by the undersigned or it successor interest. 18. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation, or to recover damages. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. BY: Date: 2006iss, I t(00 STATE OF MONTANA ) :ss County of Flathead ) -rh on this D day of AIA Ll before me, the undersigned, a Notary Public for the State of PAontana, personally appeared Touchstone, LLC, known to me to be the person whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS W]H EREOF, I have hereunto set my hand and affi�O-py N6tad Seal the day and year in this certificate last above written. P r Notary tic if r e State ofI fits -1 Residing My commission Expires W711vk STATE OF MONTANA ) ss County of Flathead ) Recorded at the request of this day of at recorded in the records of Ftathead County, State of Montana. Fee $ Pd. RECEPTION NO. o'clock. M and Flathead County Clerk and Recorder RETURN TO Deputy Lr, DECLARATION of HOMEOWNERS ASSOCIATION BY-LAWS OF MOUNTAIN VISTA ESTATES PUD THIS DECLARATION is made this 711% day of ' 20-LL, b Touchstone LLC, hereafter referred to as "Declarant", WI1EREAS, Declarant is the owner of certain real property to the covenants, conditions and restrictions hereinafter set forth, each of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; V a-TEREAS, Declarant is desirous of subjecting said real property to the covenants, conditions and restrictions hereinafter set forth, each of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; NOW, THEREFOR, the Declarant hereby declares that the real property hereinafter described is and shall be held, transferred, sold and conveyed to the covenants, conditions and restrictions hereinafter set forth; zoo6s.s�) I�90 ARTICLE [ PROPERTY The real property which is and shall be held, transferred, sold and conveyed subject to the covenants, conditions, and restrictions hereinafter set forth, is located in Flathead County, Montana, and is more particularly described as follows to wit: MOUNTAIN VISTA ESTATES PUD ARTICLE II DEFINITIONS I. "Association shall mean the association of the lot owners of the property known as Mountain Vista Estates PUD. 2. "Owner" shall mean the record owner of a fee simple title to any lot that is a part of the Property, and shall include contract buyers but not contract sellers. 3. "Property" shall mean the real property described in Article I, above. 4. "Common Area" shall mean all real property owned by the Association for the Common use and enjoyment of the owners but not limited to parks, trails, roadways, easements, well sites, community water system, recreational facilities, and surface or storm water collection and drainage systems. S. "Lot" shall mean all lots. ARTICLE III PURPO S E The property is subject to the covenants, conditions and restrictions hereby declared to insure the best use and the most appropriate development and improvement of each building site thereof, to protect the owners of building sites as will appreciate the value of their property, to preserve so far as is practical the natural beauty of said property; to guard against the erection thereon of structures built of improper or unsuitable material; to encourage and secure the erection of attractive Homes thereon; to adequately provide for a high quality of improvements on said property and thereby enhance the values of improvements made by purchasers of lots, to be responsible for operation and maintenance of the water system, waste water and storm water facilities in accordance with requirements set forth by the Montana 2006iss lloga Department of Health and Environmental Sciences and be responsible for upkeep of the subdivision and common facilities. ARTICLE IV DEFINITION of OWNERSHIP Section 1.07. "Lot" shall mean and refer to each of the 168 lots which are shown on the Plat of the Project which are intended for individual ownership. Section 1.08. "Lender" shall mean a mortgage holding a first mortgage on any Lot or a beneficiary holding a first deed of trust on any Lot. Section 1.09. "owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee title to any Lot, including contract sellers, but excluding those having an interest in a Lot merely as security for the performance of an obligation. Section 1.10. "Plat" shall mean and refer to the plat of Mountain Vista Estates in the official records of the County Recorder of Flathead County, Montana by which Declarant has subdivided the Project. Section 1.11. "Project" shall mean and refer to all real property described herein, and such additions thereto as may hereinafter be brought within the jurisdiction of the Association. Section, 2.01. Easements of Epigyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title in every Lot, subject to the following provisions: a. The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area. b. The right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid: and for a period not to exceed sixty (60) days for any infraction of the published Association Rules. c. The right of the Association to dedicate, transfer or grant easements to all or any part of the Conunon Area to any public agency, authority, or utility for such purpose and subject to such conditions as may be determined by the Board, including the right to transfer all or part of the Common .Area to the Mountain Vista Estates PUD Property owners Association, Inc. 2006158 110 90 Section 2.02. Delegation of Use Any Owner may delegate his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside in the Project. ARTICLE VI MEMBERS HIP AND VOTING RIGHTS Section 3.01., Membership. Every Owner of a Lot, which is subject to assessment, shall be a member of the Association. Membership shall be appurtenant to, and may not be separated from ownership of a Lot, which is subject to assessment. Upon transfer of title to any Lot, the new Owner shall automatically succeed to membership in the Association. Section 3.02. Votin Classes. The Association shall have two classes of voting membership. Class A: Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. when more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as the members among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B: The Class B member shall be the Declarant. The Declarant, as the Class B member, shall solely be entitled to vote in Association affairs and shall elect all members of the Board of Directors until the Class B membership shall cease and be converted into Class A membership. The Class B membership shall cease and be converted into Class A membership not later than 120 days after the happening of either of the following events, whichever occurs earlier. a. when 95% of the lots in the Project have been sold to owners by the Declarant, or b. On January 15, 2005 Section 3.03. Board of Directors. The governing body of the Association shall be the Board elected pursuant to the Bylaws. The Board shall consist of not less than three (3) nor more than five (5) members. The Board may act to increase or decrease its membership within the aforesaid limits and to fill vacancies in its membership for the unexpired portion of any term. Except as otherwise provided in the Declaration, the Bylaws, or the Association Rules, the Board- may act in all instances on behalf of the Association. The Board shall adopt the Bylaws and Association Rules. 2006158 � i (0010 DATED this 3 a � day of .Zd Mountain kista Estates PUD Touchstone, tLC STATE OF MONTANA ) ss. County of Flathead ) fh On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared before me Touchstone, LLC, known to me to the be the person whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year Mn this certificate last above written. .. NotaryPu ii f r the State rf�Ioti`� R r Residing My Commission ExpdesJo-ho O-fV- I o�- STATE OF MONTANA ) ss. County of Flathead ) Recorded at the request of This day of , at O'clock M and recorded in the records of Flathead. County, State of Montana. Fee $ Pd. RECEPTION NO. x RETURN TO Flathead County Clerk and Recorder Deputy I FLATHEAD STATION 245 FIRST AVENUE WEST ECALISPELL MT 59901 November T 2005 Planning Board; Mountain Vista Estates To Whom It May Concern: The above referenced project has been reviewed. A suitable location for mail delivery has been established . , Centralized boxes will be installed with a turnout 10 feet wide and at least 20 feet long for the carrier to service and leave theses boxes. The developer will be responsible for purchasing the CBUs. The Developer or homeowners individually or collectively will be responsible to keep the roadway and area to the boxes clear of ice and snow. If you have any questions please feel free to call meat (406) 755-0187. Sincerely yours: UA,-V1 M anX4 Elden Marvel Manager Customer Services (406 Y755-0187 FAx. t436Y755-0376 Subdivision Guarantee Issued by Guarantee No.: 172041-CT Citizens Title and Escrow Company 704 South Main/P.O. Box 1310, Kalispell., M T 59901 Title Officer: Tracy Martin Phone: (406)752-5388 b FAX,w,r (406)752-9617 Form No. 1282 (Rev 12/15/95) Subdivision Guarantee Form 1349 CLTA Guarantee Face Page (Revised 12/15/95) Guarantee No,: 172 41-GT First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. FirvtAme art Tiffe. himinmwe, C i�puty BY PR'DE" AT ENV T -SPECR MY Citizen's Title and Escrow Company WOW AUTHORIZED SIGNATORY Subdivision Guarantee Guarantee No.: 172041-CT SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE Order No.: 172041-CT Guarantee No.: 172041-CT Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM OVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Marquardt and Marquardt Surveying FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: THAT PORTION OF THE SOUTH 1/2 DF THE SOUTHWEST 1/4,, SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL A AS SHOWN ON CERTIFICATE OF SURVEY NO. 16814, WHICH POINT IS THE INTERSECTION OF THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, WITH THE EAST LINE OF FARM TO MARKET ROAD; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST'/4, NORTH 89048'66" EAST 1134,65 FEET TO THE WEST LINE OF THE BPA TRANSMISSION LINE EASEMENT; THENCE ALONG THE WEST LINE OF THE EASEMENT SOUTH 06039'61" WEST 1257.53 FEET TO THE NORTH LINE OF FARM TO MARKET ROAD; THENCE ALONG THE NORTH LINE OF THE ROAD SOUTH 89054'40" WEST 113.58 FEET TO A POINT ON AN 885.88 FOOT RADIUS CURVE CONCAVE NORTHERLY, HAVING A RADIAL BEARING OF NORTH 00014136" EAST; THENCE CONTINUING ALONG THE NORTH LINE OF THE ROAD, WESTERLY ALONG THE CURVE THRU A CENTRAL ANGLE OF 04023'02" 67.71 FEET; THENCE NORTH 04037'38" WEST 145.00 FEET; THENCE NORTH 06047'37" EAST 84.78 FEET; THENCE NORTH 06005'52" EAST 97.19 FEET; THENCE NORTH 79028'52" VILEST 86.34 FEET THENCE NORTH 71°41'14" WEST 68.17 FEET; THENCE NORTH 65°29'30" WEST 120.02 FEET; THENCE NORTH 51023'02" WEST 136.48 FEET; THENCE NORTH 37009'48" WEST 103,71 FEET; THENCE NORTH 29°53'37" WEST 59.84 FEET; THENCE NORTH 23°46'07" VILEST 59.79 FEET; THENCE NORTH 17038'53" WEST 56.53 FEET; THENCE NORTH 02027'26" WEST 115.79 FEET; THENCE NORTH 06°38'65" EAST 211.32 FEET; THENCE SOUTH 89°48'66" WEST 369.61 FEET TO THE EAST LINE OF FARM TO MARKET ROAD; THENCE ALONG THE EAST LINE OF THE ROAD, NORTH 04056'40" EAST 180.03 FEET TO THE POINT OF BEGINNING. TO BE KNOWN AS: MOUNTAIN VISTA ESTATES PHASE II. Subdivision Guarantee Guarantee No.: 172041-CT (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Touchstone LLC-Vested Party Valley Bank - Beneficiary (B) Parties holding liens or encumbrances on the title to said lands are: 1. 2007 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2006 $740.48 $740.44 75-0623875 (PAID) (PAID) 2. Deed of Trust dated December 6, 2006, to secure an original indebtedness of $1,400,000.00, and any other amounts and/or obligations secured thereby Recorded: December 11, 2006, as Instrument No. 2006-345-13340 Grantor: Touchstone LLC Trustee: Citizens Title & Escrow Company Beneficiary: Valley Bank of Kalispell (C) Easements, claims of easements and restriction agreements of record are: 3. Any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. 4. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 5. Possible easement created by Notice of Appropriation of Water Right recorded May 5, 1910 in Book 71, Page 240, as Instrument No. 6737. 6. Possible easement created by Notice of Appropriation of Water Right recorded May 16, 1958 in Book 421, Page 59 as Instrument No. 29910. 7. Easement for transmission line granted to United States of America, recorded July 26, 1951 in Book 320, Page 375. 8. Bargain an Sale Deed recorded December 1, 1955 in Book 383, page 200, as Instrument No. 8190. Subdivision Guarantee Guarantee No.: 172041-CT 9. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 16084 and 16814, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restriction violate 42 USC 3604 (c). 10. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the proposed plat of Mountain Vista Estates Phase II, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 11. Provisions contained in Mortgage recorded April 30, 2004 as Instrument No. 2004-121-15100. 12. Ordinance No. 1524 recorded June 9, 2006 as Instrument No. 2006-160-08410. Date of Guarantee: May 11, 2007 at 7:30 A.M. CITIZENS TITLE & ESCROW COMPANY ACKNOWLEDGEMENT STATE OF MONTANA ) ss. COUNTY OF FLATHEAD ) �-1 h This instrument was acknowledged before me onZ, 01 day of by -Jv �C��t"'t; l as Assistant Secretary of Citizens Title & Escrow Company. Si ature "Pit i;.mow.: f.3 �'. .tit.?✓F'•.[ Y -5. k;`. _X-=.�tilrf ;.. C;�y� �C�(![i�i. "L'„�i�!r-t f�.:i� i ,✓.t.jS.=.. Subdivision Guarantee Guarantee No.: 172041-CT SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE I. 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 assurances 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 tide to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any parry shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, tide, 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 matter 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 Assumed 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 or 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 representabve 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. 1282 (Rev. 12/15/95) Subdivision Guarantee 5. 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 ctaimed 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 settee 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 tide, 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 tide, as stated herein. Guarantee No.: 172041-CT (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 Tile Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at 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 i First American Way, Santa Ana, CA. 92707, Form No. 1282 (Rev, 12/ 15/95) Subdivision Guarantee Citizen slit/e and Escrow Company 704 South Main/P.O. Box 1310, Kalispell, MT 59901 Phone(406)752-5388 - Fax(406)752-9617 PRIVACY POLICY We Are Committed to Safeguarding Customer Information Guarantee No.: 172041-GT 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 an 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 nformation regardless of its surce. First American Its e guidelines F ' � 9 � ca thes gu de es its airinformation Values, a copy of which can be found on our website at www,firsta mom. 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 an customer relationshiphas ceased. Such information may be used for an internal purpose, such as quality control efforts or customer analysis. we may also provide all of the s of nonpublic personal any listed rabove t on Y Y p types 1? pe o one o 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 our information will be handled responsibly and in accordance with this Privacy Policyand First American's Fair kformation Values.y we current) maintain Y physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. a 2001 The First American Corporation * All Rights Reserved ;0 : a___....... _ . �S� S 0�. 1HUtTNOND ANNm "I Wd s T : 20 nHl 2.0-V T -Nni N U.J TQ CL 2 kA � N co C; 00 0 LU < CN c u Q) LL - Q) 0 D 0 2 F lz t It I " I ! .90S , sL V ID Q3lvD'(13Q,09 - 3nN3,1, zo oz IzL '.Z-- SSVID DNr>lool zi nn-- -4 99 m Pl z GZ b- z zo cz, '0 w ni zo On M,049S.00SI 'zo g I 3 ZW Q) ort 3 tlsxDo O o oz, ,zo oz, .!o os t-- 11W "3t S2 �k lz o ozi �'v 0 't. - IG Gc .2zo -m.t 9� zo oz, '.LMLA 3.00.9S.W t,q— Z I = O a _ � � d 79 �> eo on D 2 VV 95 75,60' 2c; to 19' it)227 26 7579 "v .ZO OZ, P�7 Z L 2E < < z oz z WO YOn < < < E z z Z Z Z 2, '2 '2 2, 2, E) e5 0 0 C\j o uj V) CL 3 i: 2 � 5 z E z Ti z 'z 0 5 cc iLL1 LU 2 2 2 2 f z E uOE o .6 2 :2 ws G 3 f Q - "-� F° 0 a clq C: cy, , Z. 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