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12. Final Plat - Northland Subdivision Phase 2REPORT TOO RAL SUBJECT MEETING DATE: City of Kalispell Planning Department Street East Suite 21.1, Kalispell, Monte 5990.E Telephone: .fax: (406) 751-1858 Kalispell Mayor and City Council Thomas R. Jentz, Director James H. Patrick, City Manager Final Plat for Northland Subdivision Phase 2 February 6, 200 BACKGROUND: This is a request for f ma.l plat approval of Northland Subdivision on Phase 2, a. 33 lot residential subdivision and homeowner's park on approximately 2.1 2 acres. The propel is generally located to the merest of Northridge Subdivision vision and north of Meado rland subdivision in the merest part of Kahs eH. This is the second phase of a multi -phase Planned Urn*t Development that will ultimately contain 83 residential lots on approximately 30.39 acres. The propel was annexed into the city of Kalispell as hart of the preliminary plat review process and given are initial zoning designation of R- 3, an Urban. single Family Residential in April of 2004. The Northland d Subdivision was given refi.mina-ty plat approval by the Kalispell City Council on April 5, 2004 subject to 17 conditions. An automatic -tw-year extension of the prehminary plat approval is granted for each successive phase of the original ref. nfin.ary plat. s a requirement ent of the preliminary plat, more than tiro -thirds of the required improvernents have been installed and a Subdivision Improvements Agreement in the amount 2,73 .. o has been submitted to secure completion of the remaining improvements ents which consists primarily of sidewalk and landscaping. . The fetter o credit addresses 2 5D of the estimated cost of remaini.g improvements. The estimated completion date is July 20, 2006 or sooner. RECNMWN A N: A motion to accept the Subdivision Improvements ents reer ent and wove the final plat for Nortbland Subdivision Praise 2 would be in order. FISCAL EIFFECTS.0 Potential m or positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Final. Plat for Norhtland Subdivision Phase 2 January , 2006 Page RespectfuUy submitted, Thomas R. J.tzNIC �; ± James H. Patrick Director City Manager Report compiled: January 30, 2006 Attachments: Letter of transmittal Final plat apphcation and supporting documents APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 17 day of .ter , 20 06, by and between the CITY COtNCIL, CITY OF KAI SWELL, MONTANA, Party of the First fart and hereinafter referred to as the CITY, and (Marne of Developer) a LIMITED LIABILITY PARTNERSHIP, (Individual, Company or Corporation) located at 622 S . AN R WS DRIVE, Co UM IA FALLS.-T. 5991.2 , (Street Address/P. 0. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. THAT WHERFAS, the Developer is the owner and developer of a new subdivision known as NORTHLAND SUBDIVISION, PHASE 2 , (Name of Subdivision) located at ASSESSOR'S TRACT I CA LOCATED IN SECTION....I.L.TOWNSHIP � RANGE 22 WEST P.M.M. FLATEHEAD COUNTYL MON ANA. , (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat o NORTHLAND SUB IVISION PHASE 2 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 "; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 25% of the estimated total cost of construction of said improvements as evidenced by are estimate prepared y a licensed public engineer included herewith as "Exhibit A"• and WHEREAS, the estimated total cost of construction of said improvements is the sum of 138, I.3 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: . The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of I7273I. . Said Letter of Credit or other collateral shall have an expiration date of at least sixty days following the date set for completion f the improvements, ents, certifying the following: Northland Subdivision, Phase 2 Subdivision Improvement .Agreement Page I of 1 a. That the creditor guarantees funds In the sum f $ 1' , the estimated cost of completing the required improvements In NORTHLAND SUBDIVISION,.PHASE 2 (Name of subdivision) b. That if the Developer falls 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 ir,it:ed of credit stated in the letter; 2. That said required improvements shall be fully completed by 20 06 , 3ULY . That upon completion of the required improvements, the Developer shall cause t be filed with the City a statement certifying that.: a. All required improvements are complete; b. That the improvements areire 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 t year from the date of acceptance of the completion ofthose improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with theCity; and, f. All applicable fees and surcharges have been paid. . 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 professlonal engineer responsible for their preparation that all req *red improvements have been installed in confom-ia.nce with said specifications. Northland Subdivision, Phase Subdivision. Improvement Agreement Page 2 of 2 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 wish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure sued 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 seeiieatios. The unused Portions ofthe 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.. NORTHLAND SUBDIVIMON I GELA1ND DEVELOPMENT, LL P (Name of SUM ' 'on/De er y..., ��.. STATE of M N ANA C 0 U N T Y OF f` * /- -- f -. .� (Title.) On this 140 _dayof { em s 20 & � , before me,, a Notary Public for the State of Montana, personally appeared' v - , known to me to be the p �(L*�o M �41 � 11 . �x �� fir ' � � , whose Warne is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF I have hereunto set my a ��--' V h� f ��: Notarial Seal ,.� .�: this day and year first above written. JV14' L ................. ' r dot ule for the state of Mortara :- Residing at My Commission Expires � �� ; . � � � MAYOR, CITY of KALISPELL MAYOR.. ATTEST: CITY CLERK Northland Subdivision,, Phase 2 Subdivision Improvement Agreement 'Page 3 of 3 EXHIBIT "Awl CERTIFICATION OF WORK TO BE COMPLETED NORTHLAND SUBDIVISION, PHASE 2 SUBDIVISION I ROADS RL GRADE Item Unit Estimated o. Description Measure Quantity Unit Price Total Price COMPLETED TO DATIE De emb or S, 200 QUANTFrY COMPLETED TOTAL COST COMPLETED 101 Ex avation I Subgrade Prep C.Y. 61 Z60D $ 2.2 $ 114 330.00 51,600 '1'i4 33 ,OC 102 Stabilization Fabric S.Y. 10,23D $ 1.00 1 OO' 10230 $10,230.00 Select Subbase C'Y.4,061 $ 12.50 $ 50,762.50 -------------- 1 4.061 $ 0 78 ta0 4 314" Crushed Gravel CY, I 82 $ 15.65 29,265,10 ll 882 $ 9 6S IO 1 04" Cement " Y. 1 1 .65 102 21 .25 11 644 9 6. 0 106 �a+ltjc Curd? Gutter utter L.F. 6,639$ 8.25 $ 53,946.75 639 $ 3 346.7 107 T x 4" Concrete Sidewalks I Gravel S.F. 32tO7O $ 2.30 $ 91 003.00 0 $0,00 108 F x 8" Concrete Sidewaiks I Gravel S.F, 4,372 $ 3.76 $ 16 395.00 E} $0,00 SUBTOTAL. ITEMS 10 409 47 ,147. $3581090M WATER SYSTEM COMPLETED TO DATE Dec ember 9, 2 05 Item No. Description unit Leasure Estimated Quanfity Unit Price 2 Total Price QUA T" COMPLETED TOTAL COST COMPLETED 01 8" Water Main L.F, 3,528 1.7 $ 6 a,00 3,528 $ 66,00 02 8" Gate Valves & Boxes EACH 1 $ 955.00 '1'1, 90.00 1 203 8" Ductile Iron Fittings EACH 6 $ 4 6.00 : $ 2,610.00 6 $2,610.00 04 Fire Hydrants wl,Aux. Valve Box EACH 6 $ 78 _ #1 130.€ o 1 61 530.1�0 205 dater Services EACH 3.3 $ $10.00 $ � 8 �.40 $1830,00 206 onnection to Existing Main EACH $ 380,00 $ $0.00 .SUBTOTAL ITEMS 201 - 0 102, . 0.1 $' � 996. SEWER SYSTEM COMPLETED TO DATE Decom ber 0, 200 ttem . Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 301 8'# Sewer Ma L.F. 2 320 $ 15.28 $ 35 2 4.08 2,320 $36 264.00 302 " Dism. Manholes: wl Ring & Cover EACH 10 $ 1 8 0.00 $ 16,300.00 10 $1,300.00 93 _4" Sch. 40 PVC Severer Services EACH 33 460.00 151180.00 33 $ 6 180.00 F 304 Connection to Exisfing Manhole LUMP SUM R $ 880.00 $ D $0.00 1 SUB k ITEMS 30 - 305 6,lw/� 4+0 .. ... .. .6,744.0 DMNAGE & MISCELLANEOUS WORK COMPLETEDTO DATE December 9, 200 Item Unit Estimated I QUANTITY TOTAL COST o. Description Measure Quantity Unit Price Total Price COMPLETED COMPLETED 401 8" PVC Storm Drain L,F, 372 14.00 $ 5P208.00 372 08.00 402 Latch Basin wl Inlet A. 7 $ i 262.00 $ 8 8 4.08 $ 8 4.00 403 1 1 r C'y. 31 $ 68.00 $ 2108.00 31 $2,108.00 404 jo soil Removal C.Y. 31300 $ 1.10 $ 33 330.00 30,300 $ 3 330.00 406 :Se.ecling LUMP SUM 1.00 2 $ 14,200.00 10 200.00D $0.00 40 Tree's A. .0 $ 0.00 12 600.00 0 $0.00 409 Mobilization LUMPSUM 1.00 $ 4000.00 $ 4 804.00 1 . $4 000.00 ISUSTOTAL ITEMS 401 ` 412 $ 76,280.00 $53,480.00 Item No. UTILITIES - TRENCHING, HIND, NDUIT, VAULTS LIGHTS Unit Estimated € es rition Measure Quantity Price Total Price COMPLETED TO DATE December 9, 200 QUANTITY TOTAL. COST COMPLETED COMPLETED 01 Utlilly Trench wl Bedding L.F. 1,701 S 3.0 103.00 1,701 $5,103.00 602 2" Conduit wl Pull Roe � L.F. 3 23 1.70 479,10 3,223 a 479. 0 03 3°" Conduit wl Pull Roe L.F. 693 2.20 1,524.60 693 $1,624.60 604 4" Conduit wl Pull Rope L.F. 11 647 2.60 1 $ ------------- 4,282,201 1,647 4 ,2 2.20 0 4" and 3 " Sweeps EACH 23 52.00 1,196.00 96.00 2 'i 199.#00 $06 1 Phase Transformer Vault EACH 2 526.0 050.€}0 2 0 3 Phase Transformer Vault EACH 9 'i0.(� 0. 10t0 608 Street Light Bases EACH 00-00 3 000.00 3 000.00 $09 Srg nag Installation LUMP SUM 0.3 $ 2J80,00 $ 654,00 0.3 664t00 SUBTOTAL ITEMS 01 � 10 $ 23,338.90$23,3X9� SERVICE COSTS, FEES, ENGINEERING & SURVEYING COMPLETED TO DATE December 9, 2006 Descri tion Unit Measure E tlrated Quantl Unit Price Total Prloe QUANTIT OMPLET D TOTAL COST OMPLETED F P t ead Electric i�UMPSLAM 1 6C 9 .00 679 ,00 10Do/. 66 792.00�++�+orth estE Ever t UMP SE�JM 1 10 851.�00 �0 6 '�lyri��y�0y '1 10,8a1.(3yo Owl Cer�rtu iE LUMP iJ€�iT 1.k+41,Cili �00/. 1ki�#e $16,210. 04 1 Engineering,Design LD P SU 1 44 370.39 44,370,39 1000/0 $44 370. 9 0 En ineeri , Construction LUMP SUM 2 185.2022,185.20 % 9S 8 7.42 SUBTOTAL. ITEMS 60�1 - $ '1 ,4 . $"1 ,0 0. '1 'TOTAL PROJECT BUDGET TOTAL ESTIMATED COST OF CONSTRUCTION N AMOUNT COMPLETED PRIOR TO BENDING AMOUNT OF REMAINING ING WORK PRIOR TO BONDING AMOUNT OF BOND (12 % OF REMAINING WORK) AMOUNT OF WORK COMPLETED TO DATE PERCENTAGE TAGE OF WORK COMPLETED TO DATE AMOUNT OF WORK REMAINING ORIGINAL BOND AMOUNT AMOUNT OF BOND TO BE RETAINED 12 % OF REMAINING WORK) BOND AMOUNT TO BE RELEASED AMOUNT PREVIOUSLY RELEASED AMOUNT TO BE RELEASED AT THIS TIME S PROJECT ENGINEER FOR NORTHLAND SUBDIVISION, PHASE 1, I CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED T3 BE: THE TOTAL. VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: SECURITY HELD AT 12 % OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELL BY: $ $ 760,�so.zs $ 898,915.09 760,730,26 13 ., 1 84. 83 $ + 60,7110. 6 % 138,184.83 $ 172,731,04 172,731.04 so.aD SU.OD 50.00 760,730.26 $ 138,184.83 $ 172,731.04 Woo BRETT WALCHECK, P.E. FALL IMPROVEMENTS SHALL. BE COMPLETED BY: 711612005 REVOCABLE SAY LETTER OF CREDIT ISSUER: WHITEFISH CREDIT UNION PO BOX 37 WHITEFISH, MT 59937 Date of Issue:D1-D Amount: U.S. $ 172,731,04 Letter of Credit Number: 142 ONE HUNDRED SEVENTY TWO THOUSAND SEVEN HUNDRED THIRTY DIE NS,MOULAI S For Benefit Cif_ For Account Of: Benefldary Name and Address AppReant Name and Address CITY OF KALISPELL DI IDDELA D DEVELOPMENT, LLP 1402 FIRST AVENUE, KALI FELL, NIT 59901 PO BOX 223 LETHBRIDGE, AB T 1 J 3Y5 LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft or Drafts, if the maximwn number of drawings is greater than ore) together with the documents described below. Each Draft shall be signed on behalf of Beneficiary and be marked r'.Drawn under .ter name] Letter of Credit No. [Letter of Credit number] dated [Letter of Credit date]. rf Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Utter of Credit by the amount of the Draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in t-is Letter of Credit, or any document to Which tlfis Letter of Credit may be related. 'Ms Lctter of Credit expires on the Expiration Date. DRAWINGS. IR Partial drains shall not be permitted under this Letter of Credit. ❑ Partial drawings are permitted. The maximum niunber of drawings that may be made is DOCUMENTS. Eaeb Draft must be accompanied by the following, in original and two copies except as stated: M The original Letter of Credit, together with any amendments. sight draft drawn by Beneficiary on Issuer. El A signed statement by Beneficiary including the following statement 0 Other documents - Issuer shall be entitled to accept a draft and the documentation described above, as required by the tenx s of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identify or authority of the person presenting the draft and such documentation. SPECIAL INSTRUCTIONS: EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 1 : P � Mine) on -1 - D (Date). Issuer agrees to honor all Drafts prescited in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date, El If Beneficiary has not drawn the full amount of this Letter of Credit prior to the Expiration gate, the Expiration Date shall be extended for a period of days from the Expiration Date, unless Issuer notifies Beneficiary in writing at least ... days prior to the Expiration Date that Issuer elects not to extend this Letter of Credit. In any event, thds Letter of Credit shall expire on without any notice from Issuer to Beneficiary. . ��@ 2001 Bankers Systems, I .r St. Cloud, BEN For LC -STANDBY If151200 (page I of ) City of Kalispell Planning Department seet East, Suite 211, Kalispell, Montana 590 Fay: 40l -. 5 W i : ka . pe .lpl nm' gxom January 3, 2006 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Northland Subdivision Phase 2 DearJim: This is a request for final plat approval of Northland subdivision Phase 2, a. 33 lot residential subdivision and homeowner's park on approximately 2.112 acres. The property is generally located to the west of Ncrthr ge Subdivision and north of Mead owland Subdivision in the merest part of Kalispell. This is the second phase of a multi -phase Planned Unit Development that will ultimately contain 3 residential lots n approm ate y 30.39 acres. The property was annexed into the city of Kalispell as part of the pre u'ni.ary plat review process and given an mitial zoning designation of R-3, an Urban Single Family Residential in April of 2004. The Northland Subdivision was given preliminary plat approval by the Kalispell City Council on April 5, 2004 subject to 17 conditions. An automatic two-year extension f the preliminary plat approval is granted for each successive phase of 06ginal preliminary plat. .s a. requirement of the pre `na.ry plat, more than two-thirds of the required improvements have been installed and a Subdivision Improvements ents Agreement in the amount of $172,731.04 has been submitted to secure completion f the remaining improvements which consists primarily of sidewalk and landscaping, The letter of credit addresses 125 f the estimated cost of remaining improvements. The estimated completion date is July 2, 2006 or sooner. The preliminary plat was approved with conditions as cued below. The foRowing is a discussion of compliance with each of these conditions as well as findings of comphance with the city subdivision regulations and zoning ordinance. Final Plat for Noithland Subdivision Phase 2 January 30, 200 Page 2 COMIPLLkNCE WITH CONDITIONS OF APPROVAL: Condition 1. Development of the subdivision shad. be platted in substantial compliance with the approved preEr nary plait which governs the location of lots and roadways within the subdivision, This condition has been met. The subdivision has been platted l comphance with the approved relftnm* ary plait. Condition 2. That the plains and specifications for all public infrastructure he designed and M stalled. in accordance with the Kalispell Design and Construction Standards and a. letter shall be obtained stating that they have been re*ewed and approved by the Kalispell Pu he Forks DepaAment. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section. 3. 01 . This condition has been reset. A letter from Kalispell Public Works Department approvmg the plans and specifications for the required infrastructure has been submitted with the final plait. Condition 3. The following requirements ents shall be met per the Kalispell Fire Department. ent. (Kalispell Subdivision Regulations, Section. 3.20). . Water mains designed to provide mil =4 urx fire flogs shall be Mstalled per City specifications at approved locations. Minimum fire flows c s shall be In accordance with. Unfform Fire Code 1Appendix 111- . . Fire hydrants s .a . be provided per city specifications at locations r y this department, prior to combustible construction. c. `ire Department access shall be provided in accordance with Uniform Fire Code 1 9 Article 9. d. Regardl g ,proposed street names; Ashley Drive exists r the south area of town. An alternate street rar e shall be provided. . Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10- . + This condition has been met. A letter from the Kalispell Fire Department approving the subdivision has been submitted with the final plait. Condition 4. That a letter be obtained from the Kalispell Parks and Recreation Director approving g a landscape plan for the placement of trees and lar dsca -mg maten*als wig the five foot landscape boulevard developed between . the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). • This condition has been met. A letter from the Parks and Recreation Department approving a landscape plain has been su r tted with the final plat. Final Plat for Northland Subdivision Phase 2 January 3, 2006 Page 3 Condition 5. That the area designated on the plan as "park" 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 irrigation, landscaping and play equipment so as to provide a. recreational component within the development and not simply left as passive open space. The park development may he used as all or in part as satisfying the one -ninth parkland dedication requirements for the entire development depending on the ultimate total area in lots and the investment made in park improvements. Kahs ell Subdivision Regulations, Section 3.19). This condition has been met* A letter from the parks and recreation department approving the development plan, for the park has been s r tied with the final plat. Condition 6. That a provision be made for the extension of the proposed roadway through proposed Lot 52 to provide access to the adjoining subdivision to the southwest, Empire Estates. (Kalispell Subdivision Regulations, Section. 3.04). This condition has been met per face of the final. plat. Getty Drive has been extended from Parkrid ge Drive south to the southern border of the subdivision. Condition 7. A traffic analysis shall be, performed under the Montana Department of Transportation ortatio systems impact process that assesses this d.evel o menVs impacts to the transportation systems in the immediate area.. This would be a single comprehensive study covering the multiple Jurisdictions of the City, County and State road systems and would identify needed improvements to roadways impacted by this development, M T This condition has been met. A traffic analysis has been submitted with phase 1. of this subdivision. Condition S. The roads within the subdivision shall be named and signed i 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 e artme t. (Kalispell Subdivision Regul ant o .s, Section 3.09). This condition has been reset. The road names have been reviewed and approved y the KaHs ell Public Works s e artment as part of the construction document, as per the final plat letter, Condition 9. The developer small provide a letter from the U.S. Postal Service approving the Plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). Final Plat for Northland Subdivision Phase 2 January 3, 2006 Page This condition has been met. A letter from the USPS dated 12 7 has been submitted with the fma.l plat approving a rna.fl service location. Condition 10. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining r erties. (Kalispell Subdivision Regulations Section 3.09(L)). • This condition has been met. Street hghting has been completed as required. Condition 11. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). This condition has been met. The utilities have been installed underground. Condition 12. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. This condition has been met. r m*matel r 85 percent of the required improvements have been completed and the remamning improvements have been included. In a Subdivision Improvements Agreement. Condition 13, All areas disturbed during development of the subdivision shall be re -vegetated with a weed free mix immediately after development. This condition has been adequately addressed. Revegetation win be done upon the completion of development and seeding has been included in the Subdivision Improvements Agreement. Condition 14. That a development agreement be drafted by the Kalispell City ,attorney between the City of Kalispell and the developer outlining and f rrnali�ng the terns, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development U zoning for the site. This condition has been met. A development agreement has been executed between the City of Kalispell and the developer er and has been Meluded with the phase 1 final plat apphcation. Condition IS. That prehminary plat approval for the first phase of the Planned brit Development shall be valid for a period of three years from the date of approval with an automatic two-year extension as each phase - f the subdivision plat has been completed and filed. l ahs ell Subdivision Regulations, Section 2.04). Final Plat for Norffiland Subdivision Phase 2 January 30, 200 'age 5 This condition. has been met. The preliminary plat has been submitted prior to the expiration of the preliminary plat approval. which is April 4, 2007. COMPLLkNCE E SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. CMPIJkNcE THE ZONING REGULATIONS This subdivision complies with. the Kalispell Zoning Ordinance and the R#3 Planned Unit Development over which constitutes the zoning for the propel. All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kahspell city Council approve the final plait for this subdivision. please note that the Subdivision Improvements Agreement should be accepted along with the final plat approval. please schedule this matter for the February , 2006 regular city council meeting if possible. You may call me at 75 1851 if I can be of assistance to you regarding this matter. r. Sincerely, Thomas R. Jenti. AIC �/ Director Attachments: Vicinity map 1 opaque znylar of final plat 1 reproducible myla.r of final plat 1. blueline of final plat Letter from 48 North Engineering dated 12/ 14/05 Final plat application dated 1 % 10 J06 Resolution 4872 Engineer's certification from 48 North dated 12/ 14/05 Letter Kalispell Public Wanks dated 12/28/05 2 Letters Kalispell Public Works dated 7/27/04 Leiter from MDEQ dated 6/24/04 Letter from ML3EQ dated 7 / 7 / 04 Letter from Fire Dept dated 12 / 28 / 05 Letter from Parks and Rec dated 12 / 6 / 04 Ltr from Morrison Maierle dated 7/ 9 / 04 Final. Plat for Northland d. Subdivision Phase 2 January 30, 2006 Page Letter from USS dated 1 / 1 o5 Subdivision Im rovem t rccm .t dated. 10 o En ' is c rfficatio . Exhibit Letter of credit from Whitefish s Credit Union dated 1 2 o / o PUD Development Agreement dated 12 2 0 Title report dated. 2 20 / o Consent to plat from Whitefish Credit Union dated 10 / 10 1 /06 Treasurer's certification dated 1 / 2 / o5 Traffic Study by Morrison Maierle, Inc. on request in planning office) North, PC, P.O. Box 651, Whitefish, MT 59937 r d ela ,d Development, Box 2789, Columbia Falls, MT 59912 Theresa White, Kalispell city clerk i x 4 8 N*}k {'R TH -0 Box 651 & Whitefish, Fontana 59937 * P) 40 -8 - 1 • F) 406-862-4876 P. C,iV,ilEn,ginee.ri,n-,gS-eirvi*e-es December 2 , 200 Attn: Tom Jentz `ri-City Planning o'ee 17 2nd Street East, Suite 211 Kalispell, fit. 59901 RE: Final Plat Approval for Northland Subdivision Phase 2 Dear Tom: As Engineer of record for Northland Subdivision, Phase 2, 1 herby certify that all the conditions stated in Resolution No. 4872 have been completed to the best of my knowledge. The following list of the required conditions can be found in appendix "A",. with a response to all the stated conditions stated below. ver'eatior letters and exhibits can be found in appendix " ", Subdivision Improvement Agreement can be Found in appendix "C", and the Final .flat application, Consent to Plat, Irrevocable Letter of Credit, Title Report, and Planned Unit Development Agreement is in Appendix "U'. 1. The subdivision is being platted in substantial compliance xNith the approved. relirm*nary plat. The o6ginal layout was broke down to three separate phases 1, 2, this still remains the same with the exception of phase designation. The phases have been reallocated from the o6ginal layout. 2. Plans and specifications were designed and installed per the Kalispell Design and Construction Standards. Please see attached approval letters dated December 28, 2005, and .duly 27, 2004 from. City of Kalispell Public Works Department, and June and July 7, 2004 from the Department of EnvironmentalQuality. .) On December 15, 2005 the City of Kalispell Fire Department was on site to review the current status of the project and to perfonn fire hydrant tests. Please see attached letter dated December 28, Zoo , . The City of Kalispell Parks and Recreation has approved a landscaping plan. Please see attached approval letter dated December 6, 2004. . The park area has been developed in accordance with a plan approved by the Kalispell Parks and Recreation. The park area design is on the same layout as the boulevard landscaping that was addressed in item 4. Please see attached approval letter dated December 6. 2004. . Modifications were made to the overall construction . ans to accommodate c t r at o the � . vayr to the ad *nin Empire Estates s . d v* on to the south.. 7. Mom' so . Mairerle, Inc completed a traffic impact study per the Montana Department of Transportation impact process. Conclusions stated that Northland Subdivision would not adversely affect adjacent street network. Please see attached letter dated July 9, 2004. A copy of the report was submitted with the on'ginal Phase application. . Subdivision road names have been modified per the o.. l al preliminary plat and have been reviewed by the Flathead County Plating Department. artment. slg.a e planvas included with the construction plans that were approved by the City of Kalispell Public Works. . An approved plan for mail service has been approved by United States Postal Service. Please sec ached letter dated December 7, 2004. 10.) Street lighting was designed by Flathead Electric Company, wMch worked in con unction vath the City o Kalispell for tight pole location and standards. :All utilities have been placed underground and are in the Right of ways or have been granted an easement. 12, Currently NorHand Subdivision Phase 2 is % complete with necessary infrastructure. Please see Exhibit "'C" for the SIA and cost analysis, 13.) Upon final completion of the development all disturbed areas'"t e re -vegetated. . A development agreement ent drafted by the Kalispell City Attor ey betvveen the City o Kalispell and the Developer has been completed. Please see Appendix ``D" for a copy of is agreement. . The preliminary approval was granted on April 5, 2004, the filing of this phase is scheduled for January nary 7, 2006. .) To the best of our ability truck and. heavy equipment have been required to access the site from Stillwater Road. All though not perfect. 0% of the tie, the majority ority of the contractors obey the requirement. 17. Modifications were made to the overall construction plans to accommodate continuation of the Right Of Way to the ad olm*ng subdivision to the north. However this modification is not part of this phase and lAill appear M future phase development. At this time we are requesting to be placed on the January 17th2006 council hearing for a request of final plat for the -Northland Subdivision, Phase . I hope all the above responses to the stated conditions are suffice to address any coneems of pro completion that you may have. If you leave any questions or require additional inorrn .tio . please feel free to give i e a call (406-862-4815). Sincerely, Mom'' Brett Wak, P.E. 48 Norte, P.C. Enclosures: -RESOLUTION N, 4872 RESOLUTION CONDITIONALLY APPROVING THE PRELDIINARY PLAT OF N R'M ND SUBDMSION5 A4RE PARTICULARLY DESCRMED AS A 30-39 ACRE PORTION OF ASSESSOR"S TRACT ICA LOCATED IN SECTION 1, TOWNSHIP 2 NORTH, RANGE 22 WEST, .M.M,, FLATHEAD COUNT', M N'AN.# ` WM:"AS Highland Development, LLC, the owaerof the chain real property described eve has petitioned for approval of the Subdivision Plat of said prop, and WHEREAS,, ffie lWi'spel City Planning Board and Zing Commission held apublic hearing on M=h 9,2004, on the proposal and reviewed Subdivision Report #KP-04- 2 issued by the ri-City Ply Office, and ORES the ,Kalispell ' City Planaing Board and Zoning Commissiot has rewmmended approval of the Preliminary Plat of Noland Sd, subject to cerWn conditions and recommendations, and WHEREAS. the City Council of the City of Kalispell at its regular Council Mfg ofApril 5, 2004, reviewed the i -City Plamn`ng Offico Report #K' - - ,mewed the recommendations o t e Kalispell City Flanmffi Board and ZoWng ConnWssion,and found from the preliminary P I at, and evidence, that the subdivision i s M the pub ie interest. NOW THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS. SECTIO� * That the F*ndings of Fact contained ri-City PIM=9 Office Report #KPP-04-2 are hereby adopted.as the Findings -Fact of the City Council. SECTION.R. That the application of Highland Development, LLC for approval of the Pre lMl ary Plat of NorHamd Ste , Kalispell,, Flathead County, Montanal"s hereby approved subject to the following conditions: Development ofthe subdivision shaU be platted in substantial comphanec with the approved preliminary plat which governs ffic location of lotsand roadways within the subdivisioa. - 2. 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 obWned stating that they have been reviewed and approved by the Kalispell Public 'works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. The falloww"g requirements shall be met per the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section .2. { Water mains designed to provide min= fire flows shall be insialled per City specificafions at approved locations; Mir�mum fire flows shallbe in acwrdance with Uniform Fire -Code l Appendix -A. . Fire hydrants shall bePTIDVided per City specifications at locations approved by this e deem, prior to combustible a nsmiuten. C, Firs � e �e t s aH pr vi accordance m�th U -form Firs Code (1997) Article 9. Re-sarding proposed street names; AsMe 'D e emsts in the south area of town* An altcmatc street name s a be provided. Dae, to project Abasing it should be -noted that haudous weed abatement shall b Provided in accordance with City of Kalispell Ordinance- 0- , That a I-etter be obtained from the Kalispell Parks and Recreafion Director approving andse N plan for the placment of trees and hmdscaping materials vithin the five foot ands boulevard - developed been the- =b and the sidewalk. (Kalispell Subdivision gulaI.ergs, Section 3.11). That the area designated on the plan as `spark" shall be developed in crane with a plan approved by the Kalispell Parks and Recreati.on.Director that Provides recreation amenities �acludim%but not limited to irrigation, landscapimg and play equipment so as to provide recreational component within the development and not simply left as pi a open space. The ark development may be used as all or in part as satisfying the one -ninth parkland dedication reed r �m�� onthe ulfimate total area in lots and investment made de park = r eme ts. (Kalispell Subdivision Regulafions, Section 3.1 9)-P 6. That a pvvision be made for the extension of the proposes roadway through proposed Lot 5 to proviZe access to the adjommg subdivision to the outhwcs� Empire Estates. spell Subdivision Regina# ons, Section. 3.04). 7. A trams analysis shall be perfbrmed under the Monti Department of TransNrtafionstems impact process that assesses this development'3s impacts to the nwsportation systems M the v"I edatearm This would be a single comprehensive study covering the multiple risdc6es of the City,. County and State row systems and would identify reed improvements to roadways impacted by this developments (MDOT) 8. The roads within the subdivision sha be named and signed in accordance m*th the policies of the Kalispell Public Works Dqpmtnent and the Uniform Traffic Control Devices Mwual and e shot to review anid aViroval of the KA-dispell Fire Department. (Kalispell Subdivision .was, Seen 3.. The deleer shall Provide a letter from the U.S. Postal Servicc approving the plan for mail scmee. (Kalispell Subdivision Regulations, Secdoa 3,22). 0. Street lighting shall be located wig the subdivision and shall be shielded so that it does not intrude wme essarily onto adjoffiing pToperties. (Kalispell S� d c Regulations Section .09(L• . All utilities shall be installed underground. (Kalispell S iii*eta ns, See m u r 12. That a mmux of two-thirds of the necessary, infrastructure for this subdivision sall be completed r*or to fma plat s mina . & All areas disturbed ding development of the subdivision shall be re -vegetated With a weed - free nu*'x immediately aver dmlopment. . All areas disturbed dig development of the subdivision shall -vegetated with a weed - free mix "Immediately der development. -, That a development agreement, be wed by the Kalispell City Attomey betwem the City of Kalispell and the DeveloM outlmm and fonnalizing the t nm, conditions and provisions o approval. The Eal plan as approved, togetbervHth the conditions andrestriction's imposed, shall constitute the annUnit Development (PUD) zonm'g for the site. 15. That pro] iminaqplat _ approvaf the Est phase pled unit cvent sal valid �4 ' for a period. of three yean from th& date of approvalwith an a t m twee -year extension as Bch pie of the subdivision plat has been completed and fli. (Kalispell Subdivision Regultims, Section .. 6. That trues aid other heavy equipment shall access the site from Stillwater Road that shafl be developed dig the first phase of the subdivision, and not through any existing residential areas. Other construction travel sal be kept to am fi um tough residential ards. , . That a sixty foot easemcnt for the extension -of a futue road and utilities shall be meted to the nth on Northland eve to allow for future access to Four Mile Drive. SE U N U. Upon -roper Miew and filing of the Final Plat of said subdivision the office of the Flathead County Clete and Recorder, said premiscs shall be a subdivision of the City of KalipeflR PASSED AND APPROVED BY THE CT' COUNCIL AND SIGNED BY TBE MAYOR OF TBE CITY OF KALSELL, THLS 5TH DAY OF APMs 2004. a r f amela R, redy Mayor ATTEST* Theresa VAfit city Clerk PLANNED UNIT DEVELOPMEEtiT AGREENIEtiT THIS A GRUMEN , made as of therm day of December, Zoo , by d e and Development, L.L.P., a Montana Limited Liability Partnership, of 622St Andrews Drive Columbia Falls, MT 59912, erei after BRIDGELAND DEVELOPMENT, LLP, and the City of Kalispell, a municipal corporation, of 312 I st Avenue East, Kalispell, Montana 01, hereinafter CITY; WITNESSETH WHEREAS, BRIDGELAND DEVELOPNENT, LLB' is the fee owner of certain real propel located in Kalispell, Flathead County, Montana, which is further described as a 0 .3 9 acre portion of asse s is tract 1C located in ectlor 1, o� hi8 North, Range 22 West, P.M.M., Flathead County, Montana and is hereinafter referred to as `'Subject Property"; and WHEREAS, BRIDGELA-N7D DEVELOPNENT., LLP applied to have the Subject Property rezoned to a City R - (Urban Single -Family Residential) with a Planned Unit Development overlay UD , developed pursuant to said zoning change; and WHEREAS, in order to allow the PU, assure the installation of infrastructure improvements within the Subject 'ropery and presciibe the permitted uses within the PUD, the parties hereto determine it to be in their interests to eater into this Development Agreement. " RA L INL R 0 D U I 0 § 1.01 General The use and development of the Subject Property shall substantially conform to and comply with the provisions of the PTJD Application, dated February 2, 2004, the drawings amerced to this Planned Unit Development Agreement, and the conditions contained within Kalispell City. i' r r- r � r r , - r the rplim ' ir', l rift "J rt l 11 ivi s ' L 44 .LtlJ J. . �.i J &, � v k{ 1r.1.3t i tc to 4 4 v i xrt t �. r � A at u a. # a + � r.x � x + w✓ a.w. x s +.+# . + w and PUD and incorporated fully herein by this reference. 11.0 Relationship to Zoninig Ordinanct. Except as specifically modified ed or superseded by this Development Agreement and the sexed dra in s, and the PUD Application, dated February 2., 2004, the 'laws, Wiles and regulations of the City of Kalispell govemin the use and development of land and buildings, including the City of Kaiispeli Zoning Ordinance, s ail apply to the Subject Property, T ABED UNIT DEVELOPER'S AGREMENT/ RTHLAN PUD I of Drawings The drawings annexed and the PUD Application, dated February , 2004, to this Planned Unit Development geem nt,'and the Northland Subdivision 'relin .inary Plat Application conditionally approved by Kalispell City Resolution 4872 are an integral and essential component thereof, and they are incorporated by reference herein. § 1.04 Effectiveness and Cancellation .e provisions of this Planned Development Ageen ent shall become effective Immediately and shall termi*natc upon the issuance of the last building permi .ts for the development on the Subject Property. This Development Agreement may be modified or amended only as set forth in .Article V 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 'V�,'ith.n thirty o days of she receipt of a completed application} Such an application shall be,, deemed to be complete rtceipt of such drawings and narrative infon .ation as are reasonably necessary for the issuance of such certification. H. PARCEL DESCRIPTION 2.01 The Subject Property, described more fully in Exhibit "A", attached hereto and fully I nch r�:orat d herein y this reference, shall e developed with. the In `as�ctur�' irnpr vem nts described in § 3.01 and 3.02. . SITE CONDOMS 3.01 Access and Public Lnfrastmeture All accesses to the Subject Property shall be engineered and constructed in accordance with City of Kalispel' s Standards for Design and Construction. e lams and specifi. cations for all public lnfrastractures shall e designed and installed in accordance with the Kalispell Design and Constmetion Standards and a. later shall be obtained stating that they av been reviewed and approved by the Kalispell I li Works Department. All seer and grater utilities servicing the Subject Property shall be engineered and constructed in accordance with the City of Kal s el 's Standards for Design and Construction. P'agye 2 of 8 a. Water mains designed to provide minimum fire flows shall be stalled per City specifications at approved locations. Minimum fire flows shall be i accordance with Uniform Fire Code Appendix -A. . Fire hydrants sha-11 be provided per CITY s eeifia at locations approved by the Fire Departmem, pr'or to combustible construction. C. Fire Department access s.al be provided in accordance with Uniform Fire Code 1 Article 9. 3.02 Storm. Seer and Roadways. All storm sewer -utilities servic�ag the subject propel shall be in accordance with the Northland Subdivision Preliminary Plat Application and conditional approval of Kalispell City Council, and engineered and constructed in accordance with the City of Ka is e 's Standards for Desip and Construction. I All roadways shall e in accordance with the Northland Subdivision Preliminary Plat Application and conditional app-roval of Kalispell City Council, and mginecred and constructed m accordance with the City of Kalispell " s S tandards for D esl p and Construction. § 3.03 Other Conditions The developmeilt of lots in fat re phases of the PUD which deviate from the -3 zoning with regard to minimum lot size requirements, stack housing type or other features shall be subject to architectural review and aproai by the Kalispell City Council. . pas a secicaos for a icrastr�,ct�rc sail e desi�%IWd �nstale in accordance with the Kalispell Desip and Construction Standards and a Letter sail be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. Regarding proposed street names; Ashley Drive exists in the south area of town. An altemate, street name shall be provided. . Future development area "A"' may require a. secondary emer tmcy vehicle access point to meet the requirements of the Subdivision Regulations (Section .08) and emergency i cl e access needs. . Hazardous weed abatement shall be provided in accord . ce witli City of Kalispell Ordinance i -8. . A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement i3f trees and landscaping ma eria s within the five foot landscape o le yard developed between the curb -and the sidewalk. PI INKED �IT' . DEVELOPER'S A( `MENrTD Inge, 3 or 3 '. The area designated on the plan as "park" shall be developed in accordance wita plan approved by the Kalispell Parks and Recreation eeor that provides recreational amen ties including but not limited to im*atlon, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. The park development may be used as all or in part as satisfying .e one - ninth parkland dedication requirements for the entire development depending on the ultimate total area in lots and the investment made in park improvements. Right-of-ways within tie development shall be created that will allow for the, extension of the proposed roadways so that they will provide future access to adjoining properties to the vest, north and south. . A traffic analysis shall be performed under the Montana Department of Transportation systems impact process that assesses this development's u' n act the transportation systems n the 1=ediate area. This will be a single comprehensive study coven'ng the multiple un'sdicti ns o f the City, County and State road syst ms and will identify needed improvements to roadways impacted by this development, 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 a.d approval of the Kalispell Fire Department. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 12. Street lighting shall located withinthe subdivision and shall shielded so that it does otntre�eeessay onto doAnin properties. . All utilities shall be installed ndergro nd. I. A minimum of two-thirds the necessary i .frastr cture for this subdivision shall e completed prior to final plat submittal. 15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after developmejit. 16, That pr iml a `y plat apnroval for the first phase of the planned "nit cievelopment shall e valid for a per*od of three years from the date of approval with an atorn.ie tree- year extension as each phase of the subdivision plat has been completed and filed. 1. The plans and specifications for a storm water system shall be reviewed and approved by the Kalispell Public Works Department. PLANNED r $ D S T . 'PER' RE-MTTfPINTORTHLA; TJD -Page 4 o f 8 FV. AAH-NDWNT OR MODIFICATIONS of DEVELOPMENTAGREENMNT This Development Agreement may amended or modified only, by application of the owner, m accordance with the procedures set Forth herein. 2. Application for amendment or modification may be made, to the City of Kalispell Site Review Co= ttee, by any fee owner within the Subject Property. . Modifications of this Development Agreement which are det r fed by the Site Review Committee to be minor modifications shall require only the consent of the Site Review Committee, and shall not require the consent or approval of the City Council or are -other public agency. B All amendments and modifications to this Development Agreement other than minor modifications cations shall require the approval of the City Council of the City o Kalispell. 4, A) All applications for modification or amendment of this Developmeat Agreement shall be filed with the Site Review Committee and the Site Review Committee shall promptly determine whether the modification is minor or major. B The Site Review Cb=ittee shall make its determination with respect to any application for a minor modification subject to this Section within ire(15) days after it determines the application to be subject to said minor modification. cation. Tf e amendment or odi cation r o nest d is of such a natare as to r c it e approval of the City Council, the Site Review Committee shall refer the matter to the City Council within fifteen I days after it determines the ratter requires Council review. D) The owner may appeal any decision of the Site Review Cor mittee to the City Council, who may affirm, reverse or modify the Site Review Co=ittee decision.. V. NUSCE ►NEOUS §10,01f i. ti e Diate This Afire rr ent shall be of ec -ive immediately and shall remain in full force and effect until all lots within the Subject Property are developed or April 19, 2013, whichever occurs first. p a 5 §8.02 Severability En 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 Ageement shall continue to be of full force and effect. §8.Q3 Recordation This Agreement shall be recorded with the Clerk and Recorder for Flathead County, Montana.. §8.04 Entire Agreement -Primacy This Agreement constitutes the endre ageement between the piles and may only be amended s set forth herein, §8.05 Binding Effect .s Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and assigns. Dated t h ip day of December, 2004. BRIDGELAND DEVELOPMENT, L.L.P. Y: Mar Cs, 9i mo arr CITY OF KALISPELL BY .m _H, Patrick, city N[ a f_:1,r -PLANNED SIT DEVELOPER' S AGREEMENTNORTHLANDPUD Page STATE 0F MQNTANA ) ):SS County of Flathead ) On this day o f 2004, before me, the der sped} a'Notary Public for the State of Montana, personally appeared Marv. Gaits, Managing Partner of Bn*dgeland Development, LLB', that executed the foregoing instrument, and the person who executed said I o behalf of said Limited Liability Partnership, and acknowledged to me that such Limited Liability Partnership executed the same. IN WITNESS WHER-EOF, I have hereunto set my liand and affLxed my Notarial Seal the day and year in 4p, jertificate first above wr'tten. #*4R1.! SEAL40 {* # STATE MN�� ):SS County of Flathead ) V, 1--Kr� Notary Public, State of Montana Residing at My C=lio Expires On this.26 a Notary Mior the State of Montana, personally appeared James H. Patrick, known to me to be the City Manager o the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Mae- Bred, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and poses therein set forth., and that he was duly a t or*zed to execute thtx same on behalf of said -mnici a ity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. %k ,t o- a 40& -RI# �Ipf # � 441E M . t � * EA fOpp �4 41 } Notary Public, State of Montana Residing at V, F: My Commission ion Dzcplres Page 7of 8 Exh A LEGAL DESCRIPTION — NQRTHLA?V'D Punned Unit Devedvpment That portion of land the Northwest Quarter of Section 1, Township 28 North P�.anzg West � i Merida M .tara, Flathead County,describedas f ` : w BEGINNING at the Center Qumerseetion corer of said Sec.-Ition 1, Township 28 Now, Range 22 West- thtmmce along the southerly bounder of said rthwst Quarter the ro 11M), courses: North 0 2 " 01 .7 West 1316.61 feet and N� 11 � 3 7' West 0- 1287.45 feet to the ezl5terly fight of way of SdUwater Road, a 60.00400t county road as desczi�d Boos 34. Page , records ofF.d *ity'3 8, M-; thence along saieasterly right �y i f-water Road, North 0 7� `7 East . feet to, the so uthwesterly comer of Tract 2 of Cez-iiiflcate of Survey Number 3 593 records of t. Fathead County, Mont; thence aloqga the southerly and easterly bounces of said Tract 2 the wing two courses: South 8 9' ' 56" East 43 2.76 feet -and Nan 2 "" East 87 8 }5 7 feet to the northeasterly corner thereof and to the southerly bo-mdary of that parcol of JandsbownDeed wit Book 501, Page 162 records of Flathead CoLmt , Monti,' thence along the southerly and easterly bo unda-ries of said parcel of said Deed Ewbit Bo ok . '50 1, oe 162, S out 4 ' " E a t 1 - feet and Now0 ' East 880.2.5 feet to the sauthivesterly corner of Tract f Certificate Spey Number 13923 records of FlatheadCounty, Monti thence along the southerly and eaq eriv bo undarie s o f said Tract 2 on said Certificate o f S pey 133 9 "2. 3 the fo Ho WM' tluee courqes.- South 8 9' 0' 13" East 8.033"L 17 feet and South ' 4 9' 8"' West eewt and South 9 9a ' '1 East 9.31 3, 17 feet and South 0 0'" West `.:78 rt and St 8911 457 . 5'� East 200.24 feet to the easterly bounce of saidNorthwest Queer of section. ; glance along the easterly bounderQuarter,said Northwest Souk 0 I 5*' West 1216.E feiza to the Point of u'=* ta='' g 67.4 acres of land, most or less. as shown on this plat which is here -with incorporated in and made part of t al esritrL S -BJEC +10 a RiOrhtOf W,* -P-MCmeTitassetfobi an instrumemt Tr July , � Reception Number J - � �- r � t Co�t V Montana f x 48N.11 ' *` rTTI P.0 Box 1 Whitefish, Montana 7 s P 40 -8 - 81 * 40 Y$ - 7 f P.C. Engineering Services December 14, 2005 Attn: Frank Castle City of Kalispell Public Worts Departrnent 2 1 s'Ave. East Kalispell, MT. 59903 RE: Final Plat approval for Northland Subdivision Phase 2 Dear Fri. s Engineer of record for Northland Subdivision, Phase 2, 1 herby certify that the construction of the items that are shown in the attached Subdivision Improvement Agreements have been completed to the best of my knowledge. The percentage of work complete to date for Northland S b iv1sio , Phase 2, is at 8 % Some of the construction items remw'ning to be complete include: sidewalks and landscaping. Estimates prepared by this office for the remaim'ng construction., total $13 8,184.83 for Northland Subdivision; Phase 2. Security held at 5% of the remaining construction total is l . . At this time we are requesting a letter of approval from the City of Kalispell stating that you are in agreement ent with improvements ent installed to date. After all work is 100% complete we ill conduct a. final inspection with Kalispell Public Works prior to acceptance and transfer of O'Amersmp- If you have any questions or require additional information please feel free to give me a call (406-862-4815). Sincerely, Brett Wa check, P.E. 48 North, P.C. Enclosures: .. •;t\ek•:: vim!}.ri�: !� < �' City of Kalispell Public Works Department :............;,:t. Post o , � 1997 �- one ( , Fax 6 7 -7 " 1 December ,, 2005 ridelan.d Development LLP 622 St. Andrews Drive Columbia Falls, Montana 59912 Re: Northland Subdivision Phase Dear Sir or Madam: The City of Kalispefl Public works Department hereby approves the existing, completed improvements except those listed in the Subdivision Improvements Agreement, Exhibit "13" for the referenced. subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: l .48 North P. .'s letter certifying that the improvements within the referenced subsdi ision have been inspected ad installed in accordance with the City of Kalispell standards and the approved plans and specifications. . Our video records of the sanitary sewer system. Receipt of a Subdivision Improvements Agreement which contains the total estimated construction costs plus 25% for the remaining subdivision roads, sidewalks, crosswalks and .landscaping. The Subdivision Improvements en.ts Agreement, Exhibit n, is certified by Brett Walche , P. E., as being an accurate accountmg of anticipated costs for the remaining improvements. The one year warranty period for the City owned and maintained existing, completed improvements will commence on December 14,2005. The one year warranty ,period for the rema icing construction wifl commence upon acceptance by the City of the completed constructed improvements in accordance with approved plans and specifications. This S IA does not cover any of the remaining improvements for Phase 1. Kalispell Subdivision a ulati.ons allow for a SIA to secure for the completion of improvements for up to 18 months. Since final plat was approved February 7, 2005, all improvements to Phase l should be completed before August 7, 2006. At this point, the SIA has expired along with the letter of credit. Please resubmit these two documents to this department as soon as passible. If you have any questions, do no hesitate to call this office. Sinc e , F' Frank Castles, Assistant City Engineer FC/mc c: 48 North, P.C.; P. 0. Box l y whitefish, Montana 59937 Kalispell Planning Dept. .;.� .Y�;-x.:�:'°• 'fit"! Cl*ty of Kali*spell Publi'c Works Post ice Box 1 , K� elf Montana - -Telephone (406)758-7720, Fax (406)75 -7 { July 27, 2004 48 North, P.C. Civil Engineering & Residential Design ,. Box 65 Whitefish, Montana 59937 Attention: Brett W lchec , P.E. RE: Northland Subdivision Kalispell, Montana Dear Brett: The constriction plans and supporting documents for the referenced project are hereby approved. Attached is your copy of the lever of approval for the Flathead City -County Health Department. We look forward to working with you on this project. Sincerely, rank sties,, P.E. Assistant City Engineer Attachment,: As Stated-..:, dk City of Kali"spell Public Works Department :v ..:.. Post ice Box 1997,, Kalispell,, Mona 59903-1997- Telephone - ' Fax (406)758-7831 July 27, 2004 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 e: Noland Subdivision Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by 48 North, P.C., Qvil n in n Residential Design, for the referenced project. The Kalispell water and sanitary sewer systems have adequate capacity to serve the pry. If you have any questions, please do not hesitate to contact this office. StRCerc'IYr Frank castles, P.E. Assistant City Engineer cc: 48 North, P.C. Civil Engineering & Residential resin P.O. . Box 651 Whitefish, Montana 59937 Montana Department of ENVIRONMENTAL QUALITY Judy Martz, Governor P.O. Box 200901 • Helena, NIA' 5 -0901 * (406) 444-2544 s www.deq,state.mt.us June 2, 2004 Brett Waeeek PE 48 North PC o Box 651 mesh MT 59937 Dear �& Waoek: RE: Northland Subdivision Municipal Facilities Exclusion Qo-2 9 0 City of Kalispell FlatheadCounty This is to certify that the information and fees received by the Department o Envirorm nal Quality relatffig to this subdivision are in compliance with -- -127, MCA. Under 7 - -1 CA, this subdivision is 110t subject o review, and the plat can be filed with the county clerk and recorder. Plans and specifications rust be submitted when extensions of mum'cipal facilities for the supply of water o disposal of sewage are proposed f 7 - -111 (3), MCA . Construction of water or sewer extensions pn*or to Q, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 7, Chapter 4. This file has been mailed to the Public Water Supply Section, Kalispell ode for their review, Sincerely, Aw-,� a4 Janet Skaar a . Compliance Technician Subdivision Section Water Protection Beau (406) 1 01 — email i saaran@state.mt.s cc: City Engineer County Sam4ta a le . . Centralized Services Division • Enforcement Division • PermittingPermitting& Compliance Division • Planning, Prevention & Assistance Division * Remediation Division 109 Cooperative Way • Suite 10 • Kalispell, MT 1-' - 0 7- FAX 0755-89'77 Brett Walohek, P.E. July 7., 2004 8 North PC P.O. Box 651 Whitefish, MT 59937 RE: Northland Water & Sewer Extensions,EQ#04-2890 Dear Mr. Waleheek: Plans and specifications for the above -referenced project have been reviewed by personnel with the ermit g & Compliance Division utilizing the certified checklist procedure. The plans and specifications are hereby approved with the condition as listed below. One set of plans and specifications bearing the approval stamp of the e arty. ent of En iro=ental Quality is enclosed. .approval is based on plans and specifications received June 02, 2004 under the seal of: Brett W, Waleheck PR# 14872PE. 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 o 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 drags signed by the project engineer. 1t is finther understood that construction will be completed vthin three years of this date. I 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 perrt. Please contact the Water Protection Bureau at 406-444-3080 for more information. Sincerely, r er, nvir ntal Engineer Specialist lic Fate S ply Section Public Water Supply and Subdivisions Bureau cc. City of Kalispell, Department of Public Works Flathead County Sanitarian File Centralized Services Division * Enforcement Division • Permitting & Compliance Division - Planning, Prevention & Assistance Division * Rernediation Division December 28, 2005 48 North P.C. Attn: Brett Wa c eck P.O. Box 65 Whs, MT 53 Re: Final plat approval Northland Subdivision, Phase 11 Dear Mr. Wa c eck, In response to your request for approval of the above -referenced project, our department approves final plat for Northland Pa'se 11, with the following information and conio. Fire hydrant locations, fire flows, and fire department access are approved by this department. o Street rare signs are required to be installed prior to combustible construction. Please contact rye if you have any questions, incerely, Brent L. Christopherson Assistant ChieffPreveniion c: Tom Jentz, Tri -City Planning ice "Assisfing our community in reducing, preventing, and inifigating emergencies, s, _P, 60 <)f Kalispe Parks and Recadan December 6, 2004 Sitescape Associates Mr. Bruce F. LuU 1417 Columbia Falls V 2 35 Aye East - P 0 Box 1997 - Kalispell MT 59903-1997 PhOnC- (406) 75S.771 8 Fax (405) 758-7719 Emil: rknc*kaipell.00m Ike. Northland PUD Landscaping Park Dear-M _ utz This lettcer is confirmation that the landscaping, street tree plan and parkland plans for the above referenced project have been reviewed and approved by Kalispell Parks and Recreation. When installation of the landscaping 'is complete, please give 1 and we will review the site for final approval. Should you have any concerns or questions regarding the landscaping, pleaso feel free to -give. -Me - 8- call. Sincerely, Cc: Narda W 1, , -C*Ijly Planning r f MORRISON xMME-R-L-E, INC. An Employee -Owned Company July 9, 2004 Mr. Brett Walcheck, P.E. Stem t awn Architecture & Engineering, RC. P.O. Box 65 Whitefish, MT 59937 RE: Traffic Impact study Northland Subdivision Kalispell, Montana Dear Mr. lch c : ENGINEERS SCIENTISTS SURVEYORS PLANNERS Enclosed please find three copies ofthe above referenced Traffic Impact Study. Upon your review, please provide any comments or revisions that you feel -are necessary for final submittal of this document. If you find the report complete, additional copies can be furnished at your request. Thank you again for using Morrison -Merl , Inc to complete this traffic engineen'ng evaluation. We look forward to hearing from you regarding this project. Sincerely, _M RISO-MAJERL , INC. Robert A. Beckman, '.E., PTOE Sr. Transportation Engineer Encl. cc: Terry Richmond, IIMI# w encl. H,VA?3I\00tW1 Pflhla N 13 €34.&x "Providing resources in partnershipwith lie is to achieve their goals It UNITEDSTATES POSTZIL SERVICE 3 oNMERIDIAN RD January 1} 2oo5 Mr. Jim Williamson 8 North P. C. P. o. Box 651 Whitefish, MT 59937 R* Northland Subdivision Dear Mr. Williamson: Delivery for the Northland Subdivision has been approved for Cluster Box Unit (CBU)delivery in a turnout format. The developer will provide sic CBU units for 88 residences, two parcel lockers, and e 3-foot x -foot cement pad on Northridge Drive. The mailbox turnout must be a minimum of 30 feet long plus are additional 23 feet for the C 's and parcel lockers. The turnout is to be at least 10 feet wide so that the mall carrier's vehicle or customeCs vehicle will be completely off the roadway while stopped at the mailboxes. This ten -foot width will be a flat levelsurface. The turnout, combined with the developed road surface, will provide are area wide enough for the mail carrier to completely turn around without having to beck u t least 70 feet total width.) The C 's are to be installed at the raid point of the turnout. If you have any questions regarding this matter, you may contact me at 755-6450. Sincerely, enn e Ulvil Delivery Supervisor CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, Whitefish Credit Union,, Beneficiary., as recorded , Document No 2-7- 1 2 1 2, records of Flathead County, Montana, herby consents to platting and dedication of land included in the plat of Northland Subdivision, Phase 2. IN WIC S S WHEREOF, said party had caused his name o e subscribed thereto, on this day of ' 2006 s Whitefis. Cr ift Jain 11 State of PAY\��"A- County o�{�'� n this day oJL�r , 20 OL, before me, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscrl&ed to the instrument- and acknowledged to me that he/she executed the same. fry witness whereof, have hereunto set my hand and affixed ray Notarial Seal this day and year first above written. s< t No Public for tie State o Montana 3ss D ER $ -h. Residing at { My Commission Ex 2 r Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406)758-5510 This Form is for Subdivisions & Condominiums Only Y: KI SURVEYORS FOR: BRIDGELAND DEVELOPMENT LIP DATE: I DESCP: Tr. IcA in 1-28-22 PURPOSE: sub. I hereby certify that there are no outstanding takes on the property assigned the assessor numbers listed veAf r the years indicated for each assessor number,P p } q � E At SA r Deputy Treasurer (seal) JAN 3 1200'6 f 4 Jr rWWF MM�IIIIIF ROUR mown mppmmm CDR'` � rA. MIIIIYiYIi yry�F . FAR i . A. 4 �n }PUD IMA R4 SA&10 PUDx WUNTY { o- 9 v2 44, ID 17 1 14 i ' 1 SAG 7 12 v`P AGIIm8o co} r M1 I r 4 { t k { '- i' !j? ` [ i _ $ _ s; 1 }` 2 180SA ic A ....... .6....A......- ....................-.......-........-.......-.......-........-........-........-.........-........-.........-.........-.........-........-....-...-.......-.......-...-...... .....---...-..r-: -.- -.-...-...- --...-.--....--...+..- SK f x- f # 9= 2;; {. 8 $ �F 'i # f .f } — 2 ,i . ..I T _ t� S �r s f i 9 gg d t }� P } v� L f i :+':•::�=::..�:�::`..':s+++=�'+�j+'."i±'�ti:::�::�T.�.:::".'.:y;:*�'-=::T::...'.:y :::.':;+: st �++"+±'�i�±i ...: :�:�:::`+�±y:F F*: t. yM+wY �'�'.�.'.��'+±:+• .s x r , i # Cw 32 :30 k : 33 AM #-.4 ! 3 w'f ; -� 46 oe _ 35 25 7 +� < - F£{4 J ,f 1 41 22 f 16 # "+ _21 5 4V 14/ rig # s �` 714zIF P-0 .. 3 t - All _ }' 3 #}17 _3 VICINITY MAP sc E -- 600 HIGHLAND DEVELOPMENT, LLC PRELIMINA11711X PLAT(NORTHLAND SUBDIVISION AN 83 LOT SINGLE FAMILY SIDENTIAL UBDIVISION ON 30.39 ACRES IN CONJUNCTION WITH ANNEXATION AND INITIAL ZONING OF R-3) SINGLE FAMILY RESIDENTIAL WITH A PLANNED UNIT DEVELOPMENT OVERLAY FILE# KPP-04-2 . ....................... CI"ty Kali*spell Planning Department 17 - 2n Street East, Suite 211, Kalispell, Montana 59901 Telephone. 75 -1 5 Fax: 4 51-1 5 FINAL PLAT "PLICATION Project s clivisio name: NORTHLAND SUBDIVISION, PHASE 2. Contact Person: Owner & Mailing Address: Name: 48 NORJrH P.c. BRIDGELAND DEVELOPMENT.,, 15 Address: P.O. BOX 651 BOX 2789 9 622 SAINT ANDREWS DRIVE WHITEFISH,,-- T. 59937 COLUMBIA FALLLS, MT. 59912 Phone No.: - 2 -4815 406-892-0575 10 Date of Preliminary Plat A-moroval: "RIL.....5, 2004 Type of Subdivision: Residential X Industrial -Commercial . -Other Total Number of Lots in Subdivision 33 Land in Project (acres) 13.42 Parkland (acres) 2.13 Cash -in -Lieu $ Na. of Lots by Type: Slagle Family 33 Townhouse Duplex Apartment Commercial _ Industrial Condominium Multi -Family Exempt Mobile Home Park ere.lo.l vehicle Park Planned Unit Development Other Legal Description of the Property: A. tract of land located In the Northwest Corner Quarter o section 1, To'"mshlp 28 North, Range 22 West, Principal Meridian, Flathead County, Montana FILING FEE ATTACHED $ 4000,04 Minor subdivision with approved preliminary plat $400 $100/lot Major Subdivision with approved preliminary plat $650 + 8 oo lot Subdivisions with Waiver of Preliminary Plat $600 + $100/lot Subdivision Improvements A. reement � o Attached Not Applicable `UST CHECK ONEJ X Health Depa-rtment Certification(Original) Title Report (Original, not more than 90 days old) X ............ Tax Certification(Property taxes must be paid) X ._ Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral m X Parkland Cash -in -Lieu Check attached) X Maintenance Agreement X Plats.- I opaque OR 2 r.ylars I r yiar cosy i signed blueline bluelines 4 bl e rnes, unsigned 1 IX17 Copy I IX1 ! Copy **The Plat ,must be signed by all owners of record., the surveyor and the examining inin lard surveyor. Attach a letter, which lists each condition of prelimi ary plat approval, and individually state how each condition has specifically been reset. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall e submitted. itte . Blanket statements stating, for example, "all improvements are in lace" are not acceptable. . 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 Tri-City Planning Office, and the staff fads 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 reprised preliminary plat application and staff report. Incomplete submittals iii not be accepted are.d will not be forwarded to the governing body for approval. Changes to the approved preiim ary plat may necessitate reconsideration by the planning board, l certify that all information submitted is true, accurate and complete. l understand that incomplete information will not be accepted and that false information will delay the a lication and may invalidate any approval. The signing of this application signifies approval for ri-City Planning staff to be present on the property for routine monitoring .itori are.d inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that an subdivision 1 P1 ications be accompanied with a digital copy. ...Owrpr(s)Sign re Date **A digital copy of the filial plat in a Drawing Interchange File X Format or an AutoCAD file format, , consisting of the following layers; 1. Exterior bounder of subdivision 2. Lot or park boundaries . Easements . Roads or rights -of -way 5. A tie to either are existing subdivision corer or a. corner of the public land survey system PR: A`` RP Citizen' Title and Escrow Company 704 South UinP. 0. Box 1310 Kalispell, MT 59901 Phone., 0 7- "arc: 7 46 7 Final Invoice fc: 0066 (5254) To: Bridgeland Development LLP Invoice No.: 66100180 44 940 Spokane Avenue Date:01/31/2006 Whitefish, MT 59937 .r File No.: 1 9 I 1-CT TitleOfficer.- Jams Jarvis J..JARVI #- s ro,�v Officer: � Customer ID: AD 129759 Attention: Marvin Galt 7 .r Reference No.: ICE: Property: .liability Amounts No Address Shown, Kalispell, MT 59901 Owners: $125.00 Lenders: .buyers. Bridgeland Development LL Swelters: Description of ChargeInvoice Art Guarantee-Subdivislon Guarantee $125,00 Comments: INVOICE TOTAL $125.00 Thank you for your business! To assure proper credit, please send a copy of this Invoice xnd.P yment : Attention: Accounts Receivable De artmen PrintedOn: 1 /31 l 006, 1 :46 AM Requester: j 1 'age: � Customer Copy Subdivision Guarantee Guarantee No.. 1 -CT issued by citizens Title anc(Escrow Company 704 South Main/P.O. Box 13-10 Kalispell, 11IT5990-1 Title Officer: Janis Jarvis Phone: (406)752-5388 FAX,' (406)752-9617 Form No. 1 F /11) ubdivi iorr Guarantee Guarantee No.: 1 181-CT Form 1349 LTA Guarantee Face Page (Reprised 11 First American Title Insurance Company .T TO THE EXCLUSIOI FROM COVERAGE, THE LIMITS OF LIABI AID THE CO DMON AND SUPULA-HONS OF THIS GUARANTEE, FirstAmerican Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the hbili y amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Citizen' Title and Escro w Company Opff 4 Waft AUTHORIZED SIGNATORY Subdivision Guarantee Guarantee No.: 1 1 1-CT SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE Order No.; 1491 1--CT Guarantee No.: 1 81-CT Fee: $125.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILM, AND OTHER PROVISIONS OF THE CONDMO S AND STIPULATIONS HERETO ANNEXED AND MADE A PART THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORA-RON HEREIN CALLED THE COMPANY GUARANTEES: Bridgeland Development L FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNT' SUBDIVISION REGULATIONS, In a sung not exceeding $. ,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: Legal Description ached hereto as Exhibit A, and by this referenced incorporated herein, A Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations lations 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: Bridgeland Development, LLP,, a Montana limited liability partnership, vested owner and whitefish Credit Union Association, as Beneficiary (B) parties holding liens or encumbrances on the title to said lands are: . 2006 taxes are an accruing Tien, not yet due or payable. . 2005 takes in the original amount of $ 1,692.53, Tax Parcel No. 5-00 1 20 . The first one-half are paid, the balance is dui' and payable, but not delinquent until after May 31 of current year. (Affects premises and other propel) . Mortgage dated April 2, 2004 to secure an indebtedness in the principal amount of: AMOUNT ; $1100,000,.0 and any other amounts and/or obligations secured thereby RECORDED: April 6, 2004 as Document No. 2004-097-12120 MORTGAGOR: Bridgeland Development, LL MORTGAGEE ihite sh Credit Union AFFECTS : premises and other property Subdivision Guarantee Guarantee No.: 1 - T . Mortgage, to secure an original indebtedness of $2,,000,000.00, dated January 10, 2005 and any other amounts and/or obligations secured thereby. Recorded: January 13, 2005 , Document Now2005-013-15240 Mortgagor: rid l nd Development, L P Mortgagee: Whitefish Credit Union Affects premises and ether property C serpents, claims of easements and restriction agreements of record are: 5. Any right, title or interest in any minerals, mineral nights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. . County road rights -of -way not recorded and induced as a conveyance of record in the office of the Clerk and Recorder order to Title 70, Chapter 21, i . . ., including,. but not limited to any right of the Public and the County of Flathead to use and occupy those certain reads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. . Provisions contained in that Certificate, executed by the State of Montana,, Department of Health and Environmental Services. 8. Proposed continuation f Northridge Drive as depicted on Certificate of Survey No. 5615. . Easement granted to Northwestern Telephone Systems, Inc., recorded March 19, 1987 as Instrument No. `- 1- ,1 5 . 10. Easement granted to Northwestern Telephone Systems, Inc., recorded December mber , 1982 in Boob 756 of # page 22 as Instrument N. 11+ it. Terms and conditions of Resolution No. 4871, recorded April 12,. 2004 as Instrument No. - -srt 12. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed can the proposed plat of said subdivision, 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. 2. Petition to Annex and Notice of Withdrawal from Rural mire District, recorded April 122., 2004 as Instrument No,. 2004-103-15150. 14. Designation of Controlled ,access Highway and Facility (Kalispell Bypass) executed by the Department of Transportation, recorded October 8, 2004 as Instrument No. 2004-282-08180. 5. Subdivision Improvement Agreement upon the terms, conditions and provisions contained therein: Parties: City of Kalispell and Bridgeland Development LL Recorded: February 1 , 2005 , Instrument No.2005-046-10520 16. The above described property is located within and subject to the jurisdiction of the West Valley Dire District. Subdivision Guarantee Guarantee No.: 4-CT Date of Guarantee: January 20, 2006 at 7:30A.M. Subdivision Guarantee Guarantee No.: 14 1 1- T EXHIBIT A AN IRREGULAR TRACT OF LAND, LYING NORTHWESTERLY FROM N ALISN ELL, M NTANA,, FLATHEAD COUNTY AND IN THE SOUTH HALF NORTHWEST QUARTERS NW 4 ,r SECT -ION 1. TOWNSHIP 28 NORTH, RANGE 22 WEB, .M.M., MORE PACULARLY DESCRIBED AS FOLLOWS: COMMENCING MENCING AT THE CENTER QUARTER CORNER C1 4 , SAID SECTION 1; THENCE ALONG THE EAST -WEST MID -SECTION LINE, NORTH TH B 22' 1" WEST, 558.73 FEET TO A 8"' REBAR WITH PLASTIC CAP MARKED ED HUGHES. 73221S AND THE SOUTHWESTERLY LY CORNER F "NORTHLAND SU BDIVISI N-PHASE 1'!,. PLAT NO. i - 17- 7B, AND THE TRIBE POINT OF BEGINNING; THENCE ALONG SAID MID -SECTION LINE AND NORTHERLY BOUNDARY ARY F '{MEAD WLAND-UNIT N O,2" SUBDIVISION, NORTH B 0 'B1" WEST, 757.89 FEET TO CENTER -WEST ONE/SIXTEENTH CORNER NER F SAID SECTION; THENCE ALONG SAID LINE, NORTH 1 ' " WEST, 605,9,E FEET, ,INTERSECTING THE SOUTHERLY RIGHT-OF-WAY LIMITS OF VARKRI D E DRIVE", A 60 FOOT PUBLIC ROADWAY; THENCE CONTINUING ALONG SAID MIDSECTION LINE AND SAID LIMITS, NORTH RTH B iB' " WEST 681,53 FEET.INTERSECTING THE EASTERLY RIGHT -OF -SAY LIMITS OF "STILLWATEF ROAD", A 60 FOOT PUBLIC ROADWAY; THENCE ALONG SAID UMITS, NORTH 03833" EAST, 60.00 FEET INTERSECTING 1"'IN THE NORTHERLY RIGHT-OF-WAY LIMITS OF SAID "DARN NI GE DRIVE"; THENCE ALONG SAID LIMITS SOUTH 89*18'3911 EAST, 681,58 FEET TO A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 371,00 FEET THROUGH A DELTA ANGLE OF 1 c'41' ]" CREATING AN ARC DISTANCE OF 101,59 FEET; THENCE, NORTH 7 0 'B " EAST, 221.83 FEET TO A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 430.00 FEET THROUGH A DELTA ANGLE OF 1 0 7'S " CREATING AN ANC DISTANCE OF 117.32 FEET; THENCE ALONG SAID LIMITS, SOUTH 8902210111 EAST, 206,13 FEET", INTERSECTING THE WESTERLY RIGHT-OF-WAY LIMITS OF "NORTHLAND DRIVE", A 60 FOOT T ROADWAY; THENCE ALONG SAID LIMITS, NORTH TH 0 7" " EAST, 148,48 FEET TO TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 430.00 FEET THROUGH A DELTA ANGLE OF 0 '1 " CREATING AN ARC LENGTH OF 287,98 FEET; THENCE ALONG SAID LIMITS, NORTH 90 ' . " EAST, 260.06 FEET INTERSECTING THE NORTHERLY BOUNDARY F SUBDIVISION; THENCE ALONG SAID BOUNDARY, SOUTH 5*10' ,B" EAST, 60,17 FEET, INTERSECTING THE EASTERLY RIGHT-OF-WAY LIMITS OF SAID ROADWAY; THENCE ALONG SAID BOUNDARY,, SOUTH S ° ! 21" EAST, 79,88 FEET; THENCE SOUTH '04'# " EAST, 75,17 FEET, THENCE SOUTH 0 4'5 " EAST, 72,30 FEET* THENCE SOUTH 7 0B ', '! EAST, 74,13 FEET; THENCE SOUTH 7 0 7'1 " EAST, 74,16E FEET; THENCE ALONG SAID BOUNDARY, SOUTH B °2B'1 " EAST, 80,41 FEET, INTERSECTING G THE WESTERLY BOUNDARY OF "NORTHLAND SUBDIVISION, PHASE 1"; THENCE ALONG SAID BOI N NDARYr SOUTH ° '0 " WEST, 98,92 FEET, INTERSECTING THE NORTHERLY .LY NIGHT - OF -WAY LIMITS OF "N RTHRIDGE DRIVE", A BB FOOT ROADWAY; THENCE ALONG SAID BOUNDARY, SOUTH '0P *' WESI` 60.00 FEET, INTERSECTING THE SOUTHERLY LIMfiTS OF SAID ROADWAY; THENCE ALONG SAID BOUNDARY, Y, SOUTH B# ' " EAST, 40.21 FEET; THENCE SOUTH 08 ' " WEST, 187.71 FEET, THENCE, NORTH ' 1'# WEST, 26.28 FEET, THENCE, SOUTH ° 7{5 "" °WEST,, 90.00 FEET INTERSENG THE NORTHERLY RIGHT-OF-WAY LIMITS OF VARKRI GE DRIVE", A 60 FOOT ROADWAY; THENCE ALONG SAID BOUNDARY, SOUTH 150281421111 WEST, 62.07 FEET INTERSECTING SOUTHERLY RIGHT- OF-WAY LIMITS OF "PARKRIDGE DRIVE"; THENCE ALONG SAID BOUNDARY, SOUTH B 7`5 " WEST, 90.00 FEET TO THE TRUE POINT OF BEGINNINGS TO BE KNOWN AS NORTHLAND SUBDIVISION, PHASE 2, CMZENS TITLE & ESCROW CO., INC. r .Mil, V.P, bl ACKNOWLEDGEMENTJCORPORATE STATE OF Montana COUNTY OF Flathead r On _ �� i�i� �, �i�'�13i , Zz:2& ,before me a Notary Public, personally appeared r' known to me to be . ....... . . the of the Corporation. � - re -of Notarial Obi r Not *y Public for the StaWof Montana mmi , ...... E, 'x" S'Pift- = JAMS . RMS _ T PULI��'MI SEAL Roo �� A PLAT OF N[ ' I DIVISION --- PICA SE 2 112 NWj114j S , i, T..28.N,, . 2W., P.M., M T. LAB' COUNTY, MONTANA 1f DETAIL C IChi$g �aG V -LOB f, James FF, tt�riea, aerving oa w, Expfnyninq l.ssnd Surveyor far Ftas}xaad County, ikntan% da hereby ter€1fy that 3 have scdnSihed L3li final plot of i>Idr4hfoard Suhdvlaivn, Ph9ae V and E,,d that the plat and aufvey data, 4e them herbvn. meat■ Fha e-dW-m bet forih by aft pure. -I to Vve 76, ch ptar 3, Part A. Wi CA Vatad thia— day a€ , $pG.._,,... James rr€ f3fa4ah, PtRavtan, Pt5 5i285 -QXHTI FX AT F�.-()F- i Y A'I-oRXXX Ttdi plat floe bean dxomined try the a€f!ca of the Cary nttarf,ey acCarding to Saativn 78-3-512(7) M.CA„ retyfnq upon litfs ,apart No--- and 4pprdvad botto an W.—aUan aubrald*d SY the deve'sopar a./or their agwc Ci1r,•FF;o:tuy. Y(o9apefl, IRnntun0 _.gym t]cEed khis w.,-,.. day of_, 2d4 CF�i7'IFi. AIX-' C: M-QQUNCIL ihf t2ty C ,i 0 or #olrapeR N-4-t, d— h—try cortify lhat it hqs examined W. plot ooA h,]v:ngg fpvh6 Me went iv ate,€v!m tv fun, spawns it and h—by occeptp tFrfr dadicgtran Sqr Pu, 1VL use of any and ell Wr JA ah*.A an this pIa as Leir:q ,.T—ted to each —" Opted this—dny al...............W...,,,.,..•„_,,, 20UT,. at a'slarl,_ Ze:khel]bdlbNP-DEDLQA e•1 LF ..,.................... ............. d I�'a?'a+ 0 miapa36 odl¢nd The Porklgnd and 4bf MF . a .a o doaipnuk,4 on Shia plot %IN0 1ae dwpal5 011d �� e mvintoined by a Hama 0—ra A—lotlon. Tin area afrsigasnted �tlrO-d rites", Clt ,...-...,•.,,, .,w.................::._.-_ {{� Wing 3.2.84 olds,, shdh be dbvetvped M x4ordvnaa With a pfarh epvtoved 4chi Y ler;< pE K¢iiapall, oatm,v y, V kolispc�I Panes -al Rsaraotinn JNI-tpkor, I I i t r I � f wu a aA too by �'oa'�7vs-c.55' 8paia of denying qbr OM WG8&4 x 4 IDE "S PARK[tsS1a S11I`I � � ai a d �i ter° W1vvT MAWT 4 ee✓1e]t OVTAi� A xsltna}s1JAaDlnrrrii t 'SEE UETALL 8 DETAIL B jj3 5f �4 33J 7r: � NOR'Fl-litii3GE DRkVE i"*�•e�.e,w._�!r,tra¢a �T 74 r r ror 50 P,t41; mmAivan 79 Via 11 PREYIplfS AIASlr 1 i .. a76 75 spy 71 k ii. {' 74 f T* cra w S eliypU PARKUNt3 AiiEA era a,wwed ii�n a„tlr, xwodw'axp PN,SSEir FAFMAWAFWA iti rlfef y Y�,dfS j1 Xr- PARKRInt __•••3................... � � � ►Id,Y1FdRF�p1lF6E 1 5a 49 x 4B a L7 46 45 44 A k ifkMhLClii iF J;y +.' ' ri r�a,x w+r ttiii 2 NV t14 ,saw . . ... . - 9VY 1f4 5E 7f# rktxra�va'a� VICINITY Mike " SSCY36N 1 Is, it s r «e ill i kti i 4 I E (W-), Rep-e-t¢tivda A a0dgeldnd 6e'laldpdrgnL UP, iho unddrsiyned record pmpe't' .work,{w), do fteraby Sera iy Lhot l (We) " t, ,*,lead to be aunr:yed, eubdlvldad and plaNcd into rots, Vac ks, strrat3, df€eyl, parkionda and Lart!4&5 n areoe, as shown `Jy this plat, harM,5 Wlnexed the fvllvwlrlg d>`af!>bed lerfd situated u Kafxepad, M-1-o slthln floth-d Go—k}'. rdhnt.nv, to• -.it: An imeqular Ir Cl of 1oed, Ey'nA t,olthxeeteyy from ICatiElSd;f, itantaro, FIWS Add County and rn iha SOuih #Self Nortilw*vk fh,grtar jEh NW Ye}, Section 1, t• mhtp 25 Nax1h. RB�r,4d 22 N'ae F:r Y d� Afmkm. ,mere Parficar7arfy Ae]i'fe-ed'Is Wor 1; Caran,ancJng q; ate C—Eof 0—riot tarns, (dQ, -W Seats. 1; ',hence �Ivnq th> e0st-•weal lh:4-dettien #ins, 3469'R2'0fX ti59.73 feat W a %inch feaor with plamtir. cap mdl7aad thi,;Kee• 7322LS a,,Id thb Y4uthw esta�iy comer of "Northland 5vAd eivn-•?fast 1, plot Na_ W(1521 yt74)y4, and the TRUE POW OF }}�GiNs�IHC: Mort slung eo;d mid-adC[ian me an4 northaliy baundcfy of 'Neatlawiovad-tlhik No. 2" avAdiv<eion, NS9'22'0"W. 757.69 feet In Gaoler -Wes! Cne/Soxt—tlr Camay of We eenlian; Thanca cleng Bold line, N:39'7H'ig"ty, 618&02 feel, W-rraclfng iha anu}f,s1,V rilih(mvf•.way lisftite al 'Parkradgm Orirs , a 64 foat pwmc `eod%4)'. lhehcm fontu—u mq arvnq ,paid midaectlon End and sold Kmlte, NaTia dff'1Y, {R1.53 rest, lrt—elfin¢ the —harry +ipht-kf- wny PmRA of `St, fwOer Ra d�, a 60 !a.A pe,hk .�aabroyp T)*'+ca #ram said h"4" H v-W."'E, GAC* road imfara:exlitby the .a thrrr]f• fight-•oI-•wary Fmfta of said 'Pwkrjdge iklvw'; Thence eldfrp euid Ivnfts 589'1A']8"E, 681." fed! to o t�ngant —.Ne SG the left hvvinq a mdiui Ar 371.0 feet throv¢h a deft* =;li of t5'41'20' Cre-76"q an dre diata"o of 10t_Sg Feat; Th Ice, NF6'OQ'00'E- 221.83 Eeet fin a tongant curve It !ke ight hurinq a f*dive of 4M-00 feet thr�ugh a delta vnyle at 15'37'59' cregttnq — arc dratnnca of 117_^ 2 feel Thence atanq sa:d limits, 568•?.V01%, 200,}3 feat, ihtelse Unq the wno-tlrly rlghl•-of•-w¢p llmhs al 'N.,4fil¢n0 1i6.re", a 64 f—t rv6d-ly; Silence adonq acid Emits, NW37'58'6,, 148A feei to taRgen[ gWV4 to the rrghl tlWnq a rndiue of A30.60 leek thnagh or deltd "1- a[ W22'19' craatjnq an Wt length Of 287.98 'Jett; Tlwrace Wong acid rifnl[e, N39'9019i, 2tltl.G6 fee! intwrsaetrng thx 60rtf3briy boa 44c y dl tlandivl.!-; Thant* slang soed !—"ry, 5S5'It}'t0'E, 8U.17 lee4, in#4raeCiing the eabtaSly righk—f--y Gm+ld ref Aoid ruad►oy, Thence alehq 4ggd baWZAsra', 3 f'2-?a `21 , 78.89 feet; 7ash:e 584'04'C2 `:. 7507 7 !ML Yluv�,•y 566'34'S1'E. 72.30 ,,rat; Shetttb SiM'S3'C, 74.13 feel; Thence 579'37't6i, 74.4E feet, Thence ?tuns said haundor7'. HW2E'14'E. 0.41 feat, intemuoUlig #ho westerly bound" of •N.Lund Subdidaian, Phone 1'; Thente dlbesg and t undary, 54SF44'G W. 9B.92 ka t. MvlseCUrq E.ha nvrthariy 45ht-01-way Ilrr,lis of "Harthfldga Orlve , a 60 font rouarey; Fhaaea along acid b6undary, SGTM'00'W. Sp,pO feat, intarsact,og lha —th.4 5m7ta br said ragd..y. Thence aloe¢ Bald 4b ln.,' y, 59V00'dfl 44.21 feet; Men". SWa4`MIN, FBi.7 }, Themca, Nast' '41'N, 29.28 lest; Thtnad, SCV• 7'591 W, DQ0OR feat Iatareadl;ng the norfherty Yig3+t-al�eny Ymsle .! 'Pvrkrldga Prwe', a b0 9-1 rnndwap: Th-- .long soed boundary, S15'RR'i 62-07 feet IRtame6m.; wdnthu(y right -of -any [im44a of "Porkridga 6rive�; Tltman along agid bQ.ndary, S P37'$$"W, gf1.00 fast to the T11AX POINT OF 19MI SNG, —taining 73.47 gcrii. The at,or'e 4eatr3o-4 tract of fond is to pe khd, n. and daa:gnated va -Ned F 4 Subd}r+tton, ,'hose 2" and ll:e fond, lr*c]unad S. all all -A., vvsnaae ehev, on fold plot ore hereby gro,t d god de&—tW d la the vas of the pvVC fnrerer_ Tha ,"a -aye dadicatad to the city pre gcrepted for puhElc Ulm.T1,e Utility £aremen#e era hgrobV glcnted unto eooh and every pafadn, ftfM or cwporallan whelhar public or PR%mte proving ue alivkmg to prp lds tetap'svne, alacirie pewer, goal CAbls lelavi w. wdler or elver aaW o to 13o ;n4Wie, kite rlgh! to the faint ups of aft a¢eement fir the C4nail'"tien, maiRtefWnSarepair and Aarraval of their Ifni■ and *char facilRtea 0), dyer, under and farm path aria des+gesatsd m, SiSis plot di 'U10Ry iarremenl' to have and to hafd forever, Sa bfecl to and IPgather wits, all oppartenor;# oasem"i * Gt ....0 end the fe[lgwinq aoaamente, oglrrl v! e-arrant, and rsatHgt;om agra:emank,4 pf ff44>Srd: mli *rth;h Certificate of 5urvay lln. 5615: Talaphane io6l;t;am to Ncrthwaatam Telaphaha Syaterna, for;,, STcak iS6. PpgA 12, l'20coananf Nay, iSOSI; 3`vaemenfi ror •adds roared fccili{iea ko H-thwertnra Yn!tnNarse Srbttmh Ian Rrx,.amnaf e7n. Ri--a.31 -]]as n• A9ENQMDqMM The foregoing Cadlevtiot Putdic by the obove nam, h"o arA ormktd by nota Ooted th.a—day cf,.,..,,. Notary Pazhlic fvr the $lot raslding ia:_ My Camndeesoa expirae: k, Alvah �, il4gh"' 0 Rag>e[breg Land Surrayor 'n the State of 01"kan*, do- hereby mrr'fy fhW the warner ahban an 1A13 pfgl of `?Torthlond svb'@ sc- •- Phsae 2., has been pert—,W aide, my direct superAs:bn nnal that sash —@? won mode in t`acomber 2MI; and thvl ooAd auaray Is Save 4" d complete oa .h'— uRd that tlsa monwnenla fbemd 4nd - are gt the C"0100e1 and occupy the p.siilo4w whown thereon, 011 km ¢ccordanca rith Sactiolae 7&•-3-•t61 -•629, MAGI and the italhaa4 County RegniatIons ndasilad pwrwgll th-,Aa *aeajAea S-!Cred A111iyday al .. ....................w 2170 a AJ-a , F. }iuglyaa, fats 7,S 4 9sz'rFteATE 4F G],FR�i AktCURDER STATE flF MQ} kNA } as. taamty of F1gt —d Fitt for Mood tnla,„-„„_,day elT ,200__, at „„�„_ar'clack fl4thaad C—Ala i f,'ldrtf dtki Retorderm „.�,.. .Zsp.m' A✓—t— INSTRUMENT RECORD No. SHEEP 1 QF ] so