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13. Final Plat - Granary Ridge SubdivisionCity of Kalispell Planning Department 2ndStreet East., Suite 211., Kahs.pefl, Montana 59901 Telephone: 06) 751-1850 .fax: 06) 751-1858 REPORT TO: Kalispell Mayor and city Council FROM: Thomas R. Bentz, Director James H . Patrick, city Manager SUBJECT Final plat for Granary Ridge subdivision. MEETING DATE: February 6, 200 BACKGROUND: This is a. request for final plat approval of Granary Ridge Subdivision., a. 16 unit townhouse subdivision on approximately 2 * 5 acres. The property is generally located on the east side of Whitefish Stage between Bruyer Way and the Edgerton School access in the northeast part of Kalispell. The property proposed for development can be described. as Lots 3 and 4 of Subdivision # 1.150 and Assessor's Tract 5c in the southwest quarter of Section. 32, Township 29 North, mange 21 West, PM. ., Flathead county, Montana. a* The property was annexed into the city of Kalispell on May 2, 2005 and given are initial zoning designation. of R.- I Low Density Residential Apartment with Tanned Unit Development Overlay. The Granary Ridge Subdivision was given preliminary plat approval by the Kalispell city council on May 2, 2005, subject to 23 conditions. s. As a requirement of the preliminary plat, at least two-thirds of the required improvements have been installed per letter from Bret Walcheck, p. Subdivision Improvements Agreement in the amount t of $123,612.62 has been submitted to secure completion of the remaining improvements which consists primarily of street work, curbing, mail box receptacle, sidewalk and landscaping. The letter of credit addresses 125% of the estimated cost of remaining improvements. The estimated completion date is July 18, 2007 or sooner* RWOMMENA' ` N* A motion to approve the final plat for Gram Ridge Subdivision would be in order. Final. Plat for Granary Ridge Skin January 3, 2006 Page 2 FISCAL EFFECTS. Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, LA4 ormas . n-1J4, A ames H. Patr Director City Manager Report compiled: January 30, 2006 Attachments: Letter of transmittal Final plat application and supporting documents MEN'. E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT., made and entered .to this 17 clay of JanuaEj, 20 06, by and between the CITY COUNCIL, CITY of KALISPELL, MONTANA., Party of the First Part and hereinafter referred to as the CITY, and GRANARY RIDGE INC. (Name of Developer) a INCORPORATED (Individual, Company or Corporation) located at 84ST STREET E. SUITE 204, L S ELL T. 59901, Stir eet Address/P. o.Box) (City, County, State, Zip) Party of the Second Fart and hereinafter referred to as DEVELOPER. WTNESSET: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as GRANARY IUDGE SUBDIVISION (Name ofSubdivision) located at ASSESSOR'S TRACT 5CLOCATED IN SOUTHWEST QUARTER SECTION 32 TOWNSHIP 29 NORTH, RANGE 21 WEST »M.M. F ATEHEA Co NTH M NTA.NA. location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat o GRANARY RIDGE SUBDIVISION , 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 " have not been completed at this time, and. the Developer wishes to bond for the completion of those improvements set forth i "Exhibit Ate; and WHEREAS,, the City's Subdivision Regulations require that a subdivider shall provide a financial security of % of the estimated total cost of construction of said improvements ents as evidenced by an estimate prepared by a licensed public engineer iced herewith as "Exhibit ". are WHEREAS, the estimated total cost of construction of said improvements is the sum o 98,890.09 NOW THEREFORE in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as Follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, In the amount o 123,612.62 . Said Letter of Credit or other collateral shall have an expiration Granary Ridge Subdivision Subdivision Improvement Agreement Page I of 3 date of at least sixty days following the date set for completion of the improveme ts, certifying the following: a. That the creditor guarantees funds in the sum of 1. 3612.6.E , the estimated cost of completing the required improvements in GRANARY RIDGE SUBDIVISION (Name of subdivision) b. That if the Developer fails to complete the speelfiied improvements within the required period, the creditor will pay to the City immediately, and without fiber 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 JULY,1 20 07. 3 . That upon completion etio of t.he required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements ents 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 al_I defects for a. peri od of one year from the date o acceptance of the completion of those improvements by the C t�� c. That the ]developer knows of no defects in those i provements.- 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, All applicable fees and surcharges have been paid. a 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 specificatiolls. Granary Ridge Subdivision Subdivision Improvement Agreement Page 2 of 3 T IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer er shall provide for inspection of all required improvements by a registered professional engineer before the Developer er 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 fumfsh 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 wolf icatio s, or it in the required time flints, 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 off'the collateral shall be r t .r ed to the Developer or the crediting institution, as is appropriate. N WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written., GRANARY RIDGE SUBDIVISION GRANARY RIDGE JNC , (Name of Subdivision/Developer/Finn) i (Title) STATE OF MQNTAN� COUNTY OF � -F'l '� - 4 A ei/Q ^ On this da o �� , 20 , before me, a Notary Public for the State of' otara, �rsoa.� appeared Y� �nown to me to be the s tz3 �L . . ....... of C, P_ t W/o WC 4 C-(_-� - �-' , /o8zp.a ose name is subscribed to the foregoing instrument and acknowfedged to me that he/she executed the same. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Nota , Public for the ate of Montana Residing at My Commission Expires MAYOR, CITY of KAISPELL MAYOR ATTEST: CITY CLERK Granary Ridge Subdivision Subdivision Improvement Agreement 'age 3 or EXHIBIT 10BIf GRANARY RIDGE SUBDIVISION SUBDIVISION ROADS & OVERLOT GRADE item SUBDIVISION ROADS & OVERLOT GRADE nit Estimated No. Description Measure Quantity nit Price Total Price l0l Topsoil Removal/Re lac rnent C,Y, 3.50 $ 8 . 102 Excavation t Sub grade Pre l v rlot C.Y. 3,019 $ 3.50 $ 1%666. 0 103 Stabilization Fabric SX. 2 260 $ 1.15 __..2.1599,00 104 Select Subbase C.Y. 587 13.00 $ 631.00 105 /4" Crushed Gravel C.Y. 368 $ 20.00 $ 71360.00 106 4" Ash altic Cement S.Y. 132 $ 11.79 $ 26136.26 107 Curb & Gutter j /� t�r+y �r f `f��y Yr�y L.F. I 320 , 1k.60 $ '1 /} ,00 108 5' r4 40' Con crete Sid 1 aI s f ravel .7 r 2,105 + 4.OQ 420.00 SUBTOTAL ITEMS 101-108 -T 81,470.28 COMPLETED TO DATE December 1 fit 2006 COMPLETED TO DATE December 1 fit 2006 QUANTITY COMPLETED TOTAL COST COMPLETED 843 2 9.7 610 $1 73.25 2,260 $2 59.00 567 $7 631.00 0 $0.0 0 $0.00 0 1 $0.00 0 $0.00 $14,9 2,00 Item [No. Deser'i ti n WATER SYSTEM Unit Measure Estimated Quantl Unit Price Total Price COMPLETED TO DATE December 16, 2005 Ar T TY TACOST COMPLETED COMPLETED 201 8" ?dater Main L.P. 642 $ 22.00 $ 14124.00 642 r14124.00 202 12" Sleeve & 8" Tappin Volvo EACH 1 $ 2 300.08 $ 2 30 .00 1 $2 30 . 0 203 8" Gate Valves & Boxes EACH 1 $ 1 236.00 $ 1,236.00 1 $1 236a00 204 8" Ductile Iron Fittings EACH a $ 276.08 11376.00 5 $1 375a00 206 Fire Hydrants wl Tee, P!a Aux. Valve & BDXc EACH 3,232.00 $ 696.00 3 696.00 206 water Services EACH 16 6 .50 11,016.00 16. 16 1111016.00 207 2" lrr ation Pit# ervice EACH 1 $ 1,48'1.00 1 481.00 1 $1 A81a00 208 irrigation Sleeves L.F. 535 $ 3.85 $ 2,06 .76 535 $2 659.e/76�} 3 S BT TAL T S 2 {� M ,w! ! M $ 39,747M i , 747 0 ;/V 7No. Description SEWER SYSTEM ��ryy #F�t Measure i r �y�+ * ,,# Estimated f.� C uanti Unit Price T tatl PriceCOMPLETED COMPLETED TO DATE December 1��`6-y,T2*005� j''�7�h�,pDe�c�,/e QUANTITY 1 k 1 T TOTAL [1"'k►« COST COMPLETED 3y{01 ForceMain L, . 7€}3 $ '14 `?'4'l 91 70 $'14 7�4f'1, 1 V 2 f2�" T�' gar • lye�yS#41out 1`# 1 a��r20,97 # i 1 4Ry7{� 1 1 57'5.0 '1 "1 57 . Q 303 /gyp 7 1/4" ewe Service Lines ��v+,4 EACH y16 jS�. 34.00 i$ 14,944,00 16 $14 44T 00 +* +� SUBTOTAL 3�41, ITEM? 301 - 303 31, 63 . 1 $31,260.91 DRAINAGE a MISCELLANEOUS WORK COMPLETED TO DATE 3ecembor 16- 200 Item No. Descri ition Unit Measure Estimated Quantl Unit Price - 'Total Price QUANTITY - - - - ------------------------- - COMPLETED TOTAL COST COMPLETED 401 1 12" PVC Storm Drain L.P. 120 $ 25.00 $ 3 000.00 120 $3,000.00 0" PVC Storm Drain f Outlet Protection L.F. 180 $ 24.00 $ 4320.00 180 $4 320.00 r402 403 6" ADS -12 / 0affet Prote o Lw F- 13 .00 $ 2 #�4.00 132 $2 t r :404 4" ADS 1-12 with fitin s L.P. 40 $ "l7'.00 71310,00 40 $7 310.00 405 Catch Basin wl Inlet EACH 4 $ 850.00 $ 34400.00 4 $3 40t1.00 +406 Pond Outlet StructureEACH'..... 1 $ 2 .076.00 $ 2,075.00 1 $2 076.00 407 Silt Fence LF 56€l , 3.76 $ 2 '100at�0 560 $2 'lOt3.00 408 Detention Swale LS. I$ 1.950.t 0 $ '1 950.00 0 $0.00 409 Landsca in LS. 1 $ 21 150.00 21 '1 0, 0 0 i $0.00 410 Traffic; Control LS. 'l �, 1 M0.00 $ 1 a00,60 1 $1 00.00 goad Crossing/ Material Replacement (Pavement, 411 1 Baser & Subbase)} Permitting, for 3 Utility LS. 1 $ 9,282.00 9,282,00 1 $ ,282,00 --- 412 Demo Site Ls. 1 600.00 $ 600.00 1 $600.00 413 CrBU Mailboxes EA. 1 11298.00 $ 1,2 8,00 0 $0.00 414 OPL Mailboxes EA. 1 $ 1 298.00 $ 1,2 :8.00 0 $0m 4.15 Pedestrian Crosswalk Strl! a��a EA. 1 $ 1000.00 $ 1,000.00 0 $0.00 416 Mobilization LS. 1 $ 600.00 $ 500,00 0.6 $25 .00 417 Construction Serve !n LS. 1 ,$ 600.00 $ 6,600.00 0.5 $3 300,00 F-ISUBTOTAL ITEMS 401 - 416 $ '70,2 7.00 $40,041.00 TILIT) - TRENCHINGTCONDUIT, VAULTS & LJGHT 7CCOMPLETED TO DATE '$Ca 'IfIn Item No. Be rl tlon Unit Measure Estimated us t� Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 501 UtilityTrench w/ BeddingL.F. 20 2,76 $ 2 255.00 820 $2 255.00 $02 2" Conduit wl Pull a L. 'l 540 2.10 �. 640 444.00 50 3" Conduit wl Pull Ro a LyF, 820 $ 3,'15 5$ t0 820 $2 5 3,00 50 as Conduit w/ Pull Roe L.F. 410 3.75 $ 1 537.50 410 $1 5 7.50 505 8 4°° and 3" Swee s EACH 50 64.00 3 00.00 5 $ 200.00 0 1 Phase Transformer Vault EACH 4 $ 550.00 2,640.00 4 $ 640.00 7 3 Phase Transformer Vault EACH 'l € $ 3r0 $ 93.00 $9€ 08 Secondary Pedestals EACH $ ,00 E�0-00 8 $600,00 s/i+ Street Lit Bases EACH i yy8 8 $ 004 � T }y 44$00.0 /�}[ 8 p"00,00 610 1 11/� " Light Base Conduit L.F, 76&0 $ 2.€�0 $ 1.00 '768.0 1 Z53 .00 51 1 112„ 7*ee s EACH 5 64,00 Y /{� 0a00 V 0.00 612 1 Sig nage Installation LUMPSUM 1.0 $ 600-00 600.00 1.0 $600.00 SUBTOTAL ITEMS 501.512 1 1 $ 22,730-60 $22,730.50 Total Construction Costs 245,495.69 148,741.41 SERVICE COSTS., FEES, ENGINEERING & SURVEYING COMPLETED TO DATE December 16, 20€?5 Item Descry ton Unit Leasure Estimated ua Unit Price Total Po. QUANTITY COMPLETED "DOTAL COS"" COMPLETED 501 at ead le tric Flathead LUMPSUM I $ 9,429.00 $ 9,429.00 1 $ ,429.06 502 Northwest EineEgy LDMP S ly 1 $ 6 250.00 $ 6,25040 1 $6t250.00 603 eotu e1 L UMP SUM 1 $ 9,396.75 $ 91395.75 604 Engineerin Desl n LU P SIT 1 $ 14 729.74 $ 141729.74 4 9 $14 72 .74 805 , Eneer otruon LII$IIP Sum I $ 34,87` 34.07 0471 $5 229s06 SUBTOTAL ITT 01 - 605 470169.36 $46,033."65 TOTAL PROJECT BUDGET TOTAL ESTIMATED COST OF CONSTRUCTION AMOUNT COMPLETED PRIOR TO BONDING AMOUNT T F REMAINING WORK PRIOR TO BONDING AMOUNT OF BOND (125% OF REMAINING IN 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 AS PROJECT ENGINEER FOR GRANARY RIDGE SUBDIVISION, l CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE DUST'S OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF. 01 CAR rig t ol 042 7A7A Or- $ 292,65.05 $ 193,774,96 $ .98,890.09 123, 2.. 2 193,774.96 6% 9 , 9ox $ 123, 12,52 12 .,1 .62 $0.00 $0.00 193, 74.9 98,890.09 $ 123,612.62 THEREFORE, IT IS IN ACCORDANCE WITH THE S BDWISID 1 IMPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $0,00 13RETT WALCHECI . P.E. *ALL. IMPROVEMENTS SHALL. BE COMPLETED BY: 711812 07 PUBLIC HEARING DATE 1J17/2006 BANK BAND PATE 911612007 GLACIER f BANK -.- . .::� , SP (406)5- ,Fax 0 #20 IRREVOCABLE LETTER OF CREDIT Letter of Credit No.1-06-274 Dated: Jan.u.ary 23,2006 piratlon rate: Se tens er 18. 2007 Kalispell. City Co.cl. City of Kalispell P.O. Box 1997 We hereby establish in. your favor an. Irrevocable Letter of Credit up to the aggregate amount of ONE U.N' RE TWENTY-THREE THOUSAND SIX HtNDRED TWELVE AND 2 00 3, 1 .62 at the request of Granary Ridge, Inc, If Granary Ridge, Inc. falls to complete the specified improvements in the name o Granary Ridge Subdivision within the time period set forth in the attached Improvements Agreement, we will pay on demand your drat or drafts for such funds, to the limit o credit set Forth here.1n, as are required to complete said improvements. All drafts must indicate the number and date of this Letter of Credit and be accompanied by a signed statement of an author*zed official that the amount is drawn to install improvements not installed In con or ante with the Improvements Agreement and specifying the default in question. All drafts must be presented prior to the expiration date stated above, and this Letter o Credit must accompany the final draft for payment. .is Letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. Unless otherwise expressly stated., this Letter of Credit is subject to the Montana Uniform Commercial Code aind the Uniform Custom and PractIce for the Docwnentary Credits (1993 Revision) International Chamber of Commerce Document No. 500. Sincerely, r Dave J. McNutt Vice .president JM/ks M.ff.'.'.^.'xJv.'a,.»w;+wvcww'roxo'}x✓}ri.YX;-:}.ti;.U'.'{{{:,kY}.kY✓,:f!},ff.'ffx.�wrm-.....,.+,�».;w;+w�vr.�'.Y}�;,C�':};.!'.:}}}},f:N';f:}M.6.^.';:}x�}%^.'F'1}.ti;-.';s."ri.\/.'.C..\}};.!k"},%},"ff!}.tiff.'£:,fff.'C.f.^.':}.^.:r:r/.'..':'.;.+rf.'x J'::....'rmx+„w;a.+xmr...... -w- rxkwx�:r:co',aro%}x:o-'}�,aufY�C}rice'}}ri6i'},C}.Y}}}.ti:=,C},C}},C},l6{:k.:�V.:,C:`}.^.'},fw+;+;w�.+xwwov;w.^:Y�::xvr;x.+rrwa?':.'::^..w,?'::.':rr;+a;.:.tw'.'x^.":a:'.'Sx='xvrw;;;.'r."V:::v:"JxYr;;+�rvxY:Jcwav;;;;i�'?'+'.'Too-w+vixxao-+xx`ko+x-.00�r.�wowxaxx le i : www.glacierbank.com• email: glacier@glacierbank.com MEMBER FDIC AN EQUAL OPPORTUNITY LENDER City of Kalispell Planning Department 2ad Street East, Suite 211 , Kalispell,, Montana 5 9901 Telephone: 1- 5 Fax.- 5-1 January 3, 2006 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Gram Ridge Subdivision BearJim: This is a request for final plat approval of Granary Ridge Subdivision, a. 16 unit townhouse subdivision can approximately 2.5 acres. The property is generally located on the east side of Whitefish Stage between Br .yer Way and the Edgerton. School access in the northeast part of Kalispell. The property proposed for development can e .escr e . as Lots 3 and f Subdivision. # 1150 and. Assessor's Tract 5C in the southwest .arter of Section 32, Township 29 North, Mange 21 West, • M • M • , Flathead County, Montana. The property was annexed into the city of Kalispell on May 2, 2 0 0 5 and given an r itial zoning designation of RA-1 Low Density Residential Apartment ith a Planned Unit Development verlay. The Grand Ridge Subdivision was gwen relim ary plat approval by the Kai. s ell City Council on May 2, 2005, subject to 23 conditions. s a requirement of the preliminary plat, at least two-thirds of the required improvements have been installed per letter from Bret Walc ieck, P.:.. A Subdivision Improvements Agreement in the amount of $123,612.62 has been submitted to secure completion of the remaining rein improvements which consists primarily of street work, curbing, mail box receptacle, sidewalk and landscaping. The letter of credit addresses 125 f the estimated cost of remaining improvements. The estimated completion. date is July 18, 2007 or sooner. The preliminary plat was approved with conditions as .tl ne . below. The following is a. discussion of compliance with each of these conditions as well as findings s f compliance with the city subdivision regulations and . g ordinance. Final Plat for Granary Ridge Subdivision January 3 ,, 2006 Page 2 COMPLIANCE CONDITIONS OF APPROVAL: Condition 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 PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C Final Plat This condition has been met. The subdivision has been platted in compliance with the approved preliminary plat and PU . Condition 2. That covenants, conditions, and restrictions for the subdivision shall reflect a provision for tier maintenance of common areas and the private intemal roadway that are proposed for the townhouses. Setbacks for the townhouses accessed via are interior street shall be measured .red from the edge of the easement and shall e 20 feet in the front and tern feet in the rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. (Site Development Review Comrrx ttee This condition has been reset per the attached Declaration of Covenants, Conditions, Restrictions, Easements and Bylaws for Granary Ridge Townhouses. It should also be noted that reference is made above to a 20 foot setback off of the easement. This setback is measured from the edge of asphalt. This condition shall be administered at the time of application for individual building permits. Condition 3. At the time of fma.l plat a provision shall be made for the pro-ra.ta share of ownership of the common area for taxation purposes* This condition has been met. A note has been placed on the face of the final plat. Condition 4. That the development of lots in the PUD shah. be subject t architectural review as outlined in the application and supporting maten'als and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural levier Committee of the homeowners association prior to the issuance f a building permit. (Site Development Review Committee • This condition has been met. The ,architectural. Review Committee's membership and ties are outlined in detail. within the CC 's. Incorporated m into therevi duties process can be a letter that with their recommendation e forwarded to the Kalispell Site Development Review Committee. Condition S. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and C nstr-ueti n Standards and the Kalispell Subdivision Regulations with the exception of the Final Plat for Granary Ridge Subdivision January 3 0,, 2006 Page 3 roadway as further- enumerated below# 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. o 1). o This condition has been met* Attached is a. letter from. Frank Castles, Kalispell Public Worts Department dated July 29, 2005. Condition 6. The road profile shall consist of a 24 foot wide roadway, two foot curb and gutter, a five foot boulevard on the eastem bounder of the access road and a five foot sidewalk adjoining ing the five foot boulevard. e This condition has been met per the lace of the fmal plat. Condition That a nn*r*mum 1 o-foot buffer shall be established along the north bounder of the development to provide scree .ir and buffering for the property to the north. This shall be M the form of err ing, feneffig or landscaping or a combination thereof. These improvements ents are to be coordinated with the KalispeH Public Works Department and. the Parks and Recreation. Department* This condition has been met. Please see attached a. letter from. the Kalispell Parks s and. Recreation Department dated 1 06. Condition 8. The proposed berrm'ng and landscaping along Whitefish Stage Road shaU be reviewed and approved by the Kalispell Parks and Recreation Department to ensure satisfactory buffen*ng and. landscaping. The landscape materials shall consist primarily of living green plant, grasses and shrubs. This condition has been met. Please see attached a. letter from the Kalispell Parks and Recreation Department dated 1 11. 0 . Condition The proposed pedestrian access at the northwest corner of the site shall connect with the internal sidewalk and shall be of concrete construction. crosswalk shall �e installed from this pedestrian path across Whitefish Stage Road that is coordinated and approved by the Mortara Department of Transportation, Flathead County Road Department and Kalispell Public Works Department. This condition has been reset. These u* nprovements have been incorporated into the attached Subdivision Improvements Agreement. Condition 10. That a ten foot right-of-way reservation for future acquisition for the upgrade of Whitefish Stage Road shall be indicated on the face of the final plat. o This condition has been met and is shown on the face of the final plat. Final Plat for Granary Ridge Subdivision JanuaryJanual-y 30, 2006 Page Condition 11. The following requirements shall be reset per the Kalispell Fire Department: l al spell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be Mstalled per City specifications at approved locations. s. in'n'r r fire flogs shall be in accordance with International Fire Code 2003 Appendix 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 Chapter 5. d. Secondary emergency cy vehicle access sha . be provided in accordance with International Fire Code 2003 Chapter 5 and Kalispefl Subdivision Regulations. e. It should be noted that hazardous geed abatement shaH be provided in accordance with City of Kalispell rdm.ance 10- . f. Street naming shall be approved by the fire department. This condition has been met per letter dated January 9, 2006 from l ahspell Fire Ma,rshall Brent Christopherson. Condition 12. 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 fie foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.1.1. . This condition has been reset. please see attached a letter from. the Kalispell Parks and Recreation Department dated 1 11 . Condition 13. That the parkland requirement of 11 ,percent of the area in lots which is 2.13 acres and is equivalent to 0.2343 of an acre shall be met through cash in lieu of parkland. The cash in lieu of parkland shall be based o $45,000 per acre and is equivalent to $10,544. (Kalispell Subdivision Regulations, Section 3.19). This condition has been met per the attached. check M the amount nt of $10, 544 to address Cash-in-heu-of parkland. Condition 14. The p ate internal roadway shall be named and signed M 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 Kai s el.l Fire Department. (Kalispell Subdivision Regulations, Section 3.09). + This condition has been met.. The Kalispell Fire Marshall has approved the fmal plat per letter dated 1 o , the Kalispell Public Works Department has approved the final plat design per letter dated. 7-29-06 and the actual singing of the roadway Final Plat for Granary Ridge Subdivision Janus 3, 2006 Page 5 is addressed in the attached Subdivision Improvements Agreement. Condition 15. That a note be placed on the face of the final plat that waives protest to the creation of any special improvement districts for the upgrade of roads M the area to city standards which may be impacted by this development. * This condition has been met per rote b. on the face of the final plat. Condition 16. A geotechnical study of the slope shall be conducted prior to final plat submittal demonstrating its stability as a biailding site, This condition has been met per the submittal of a Geotechnical Investigation/ Slope Stability Assessment of the Granary Ridge Development submitted by CMG En 'n ri . , Inc, dated December 20, 2005. Condition 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), This condition has been met per letter dated 1.2 1.5 5 from S sli Carter, U SS ■ Condition 18,. Street lighting shall be located within the subdivision and s .an be shielded so that it does not intrude nn ssarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). This condition has been met per the attached Subdivision Improvements Agreement. Condition 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). • This condition has been met per site investigation and per the conditions of the attached subdivision Improvements Agreement. Condition 20. That a mim'mum of two-thirds of the necessary M*frastructure for this subdivision shy be completed prier to final plat submittal,, This condition has been reset. The attached Subdivision Improvements Agreement indicates that 6 of all improvements have been installed. Condition 21. All areas disturbed during development f the subdivision shall be re -vegetated with a weed -free mix immediately after development. Final Plat for Granary Ridge Subdivision January 3 0, 2006 Page This condition has been met per the attached Subdivision o r -o rer ents Agreement. ent. Condition 22. That a development agreement ent e drafted by the Kalispell City Attorney between the Casty of Kalispell and the developer outlining and formallZm*g 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. '`Mils condition has been met per the attached PUD Agreement dated the 2 day of January, Zoo. Condition 23. That preliminary plat approval for the first phase of the planned unit development shall be valid for a penod of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). • This condition has been met. The prehminary plat will expire on May 2, 2008. The final plat application is filed cell. within this time frame. COMPLLkNCE WITH THE SUBMS oN REGULATIONS: This subdivision plat has been found to be m compliance with the State and City Subdivision Regulations. The Subdivision Improvements Agreement t expires on July , 200T the attached letter of credit expires 60 days later on September 18, 200t COMPLIANCE THE ZONING REGULATIONS This subdivision complies with. the Kalispell Zoning Ordinance and the provisions of the attached PUD Agreement which constitutes the zoning for the property* PeOWNO All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Please note that the Subdivision Improvements reer e .t should be accepted along with the final plat approval. Please schedule this matter for the February 6, 2006 regular city council meeting if possible. You may call me at 5 - 1 51 if I can be of assistance to you regard r this matter. Sincerely, Thomas R.. ent , Cl Director Final Plat for Granary Ridge subdivision Page Attachments: Vicim'ty asap 8 I I x 17 plat 1 opaque mylar of fmal plat . reproducible mylar of fl al plat I blueline of fmal plat Final plat application dated 1. / 25/o Letter from Sands Sure in dated 1 / 2 / 06 Engineer's certification from 48 North dated 12 / 13 o Letters Kalispell Public works dated / 2 / o 5 8& 12 / 2 / o 5 Letter from MDEQ dated 8 / 11 / o Letter from MI EQ dated 8 / 15 / 05 Letter from Flathead County Water and Sewer District #1 dated /22/05 Letter from Fire Dept dated I / 9 / 06 Letter from Parks and Rc dated 1 / 11 / o Letter from ISS dated 1 / 1 5 / o5 Subdivision Improvements Agreement dated 1 / 12 / o Engineer's certification Exhibit A Letter of credit from Glacier Bank dated 1 / 23 / o Title report # 7208926-1307dated 1 / 2 / o 2 Consent to Plat letters from Glacier Bark dated 1 / 1 / o Treasurer's certification dated 1 / 23 / o6 Geotee r ical Investigation/ Slope Stability Assessment for Granary Ride by CMG Engineering, Inc. dated 1 / 20 / o Declaration of Covenants, Conditions, Restrictions, Easement and Bylaws for Granary Ridge Townhouses Planned .ned Unit Development Agreement for Granary Ridge dated 1./25/o Cash In Lieu of Parks Check in the amount o $10o 54 4. c: 48 North., PC, P.O. Box 65L Whitefish, MT 59937 Sands Surveying, Inc., 2 Village Loop, Kalispell, MT 5 901 Granary Ridge, Inc., c/o TK Builders, LLC, 8 I st Street, Kalispell, MT 59901 Theresa Wh te, Kalispell City Clerk SANDS SURVEYING, INC. 2 Village Look Road Kalispell, MT 59901 406-755-6481 Fax406-755-6488 January 24, 2006 Tom Jentz, Director Kalispell Planning Office 17 Second Street East, Suite 211 Kalispell, MT 5990 Granary Ridge PUCE Final Plat Application Dear Mr. e tz Affached please find the materials required for the review of Granary Ridge PUD final plat. This was granted preliminary plat approval on May 2, 2005 and will expire on May 2, 200, The following is the list of Conditions of Subdivision Approval and how each Condition was met. 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 PUD as approved by the City Council. The final plat submitted is in substantial compliance with the approved plat and PUD. 2. That covenants, conditions and restrictions for the subdivision shall reflect a provision for the maintenance of common areas and the private intemal roadway that are proposed for the townhouses. Setbacks for the town houses accessed via an interior street shall e measured from the edge of the easement and shall be 20 feet in the front and tern feet in the rear and five feet on the sides with the exception of the zero lot lire required to achieve the townhouse configuration. Item No. 10 "Common Expenses, Assessments, c . addresses this concern for maintenance of the common areas and the private Broadway. See attached, The setbacks for the town houses, most specifically the 20 feet from the edge of the easement, was realized to be an error and during the site review process, Mark Crowley from the Public Works Department exempted the ' to be measured from the centerline and not the edge of the easement. . At the time of final plat a provision shall be made for the pro -rats share of ownership of the common area for taxation purposes. This is addressed in Item No, 10 "Common Expenses, rAssesments c , in the MR's and by-laws document. See attached. . That the development f 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 f the homeowners association prior to the issuance of a building permit. The Architectural Review committee's membership and duties are outlined in detail within the CCR's* It can be incorporated into their review process that a letter with their recommendation he forwarded e to Kalispell site Development Review C mmiftee. 5. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction standards and the Kalispell Subdivision Regulations with the exception of the roadway as further enumerated below. letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department, Please see attached letter from the Kalispell Public Works Department approving the plans and specifications for Granary Ridge. . The internal road profile shall consists of a 24 foot wide roads, two foot curb and gutter, a five foot boulevard on the western boundary of the access road and a five foot sidewalk adjoining the five foot boulevard. See the face of the plat for verification of this information. . That a minimum 1 -foot buffer shall be established along the north boundary of the development to provide screening and buffering for the property to the north. This shall be in the fora of berring, fencing or landscaping or a combination thereof. These improvements ements are to be coordinated with the Kalispell Public Works Department and the Parks and Recreation Department, See attached approval letter from the Kalispell Parks and Recreation Department. . The proposed berming and landscaping along Whitefish Stage Road shall be reviewed and approved by the Kalispell Parks and Recreation Department to ensure satisfactory buffering and landscaping. The landscape materials shall consist primarily of living green plant, gasses and shrubs. See attached approval letter from the Kalispell pel Parks and Recreation Department. . The proposed pedestrian access at the northwest corner of the site shall connect with the internal sidewalk and shall be of concrete construction. A crosswalk shall be installed from this pedestrian path across Mitefish Stage Roach that is coordinated and approved by the Montana Department of Transportation, Flathead County Road Department and Kalispell Public Works. The construction of this crosswalk has been incorporated into the Subdivision Improvement Agreement. This roadway is owned and maintained by the City of Kalispell and they have indicated their approval of the location of the crosswalk stripig:' si e. 1, That a ten toot right of way reservation for future acquisition for the upgrade of Whitefish Stage Road stall be indicated on the face of the final plat. See face of the final plat for this information. 1. The following requirements shall be met per the Kalispell Fire Department: e= 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 international Fire Code. Fire hydrants shalt be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with international Fire Code, Chapter 5. d. Secondary emergency vehicle access shall be provided in accordance with Intemetional Fire Code , Chapter 5 arid' Kalispell Subdivision Regulations. e. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 1 -t . Street naming shall be approved by the Fire Department. See aftcet Jefter from the Kalispell Fire Department. 2. That a letter be obtained from the Kalispell Parrs and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the fire foot landscape boulevard developed between the curb and the sidewalk. See attached letter from the Kalispell Parks and Recreation Director. 3. That the parkland requirement of 11 percent of the area In lots, which is 2.13 acres and is equivalent to 0.2343 of an acre shall be met through cash In lieu of parkland. land. The cash in lieu of parkland shall be based on $45#00per acre and is equivalent to $10,54 . ft c ec is a check in above -noted amount. t. 14. The private internal roadway 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. This is addressed in the subdivision Improvement Agreement. 5. That a note be placed on the face of the final plat that waived protest to the creation of any special improvement districts for the upgrade of roads in the area to City standards which may be impacted by this development. See the face of the final plat for this 'information. 16. A geotechnical study of the slope shell be conducted prior to final plat submittal demonstrating its stability as a building site. See attached. t The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. See attached letter from the Uses approving the cluster location. 1. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. This is addressed within the subdivision Improvement Agreement. 19. All utilities shall be installed underground. All utilities will be installed underground. 20. That a minima f tiro -thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. Please refer to the subdivision Improvement Agreement for verification that two-thirds o the work has been completed before final plat submittal. 1. All areas disturbed du dng development of the subdivision shall be re -vegetated with geed -free mix immediately after development, ent, This has been incorporated into the Si . 2. That a development agreement be drafted by the Kalispell City Aftomey between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plat as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development zoning for this site. See attached Agreement. 23. 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. This plat is submitted in its entirety before the deadline has expired. Thank you for your kind attention to this final plat. Please feel free to call should you have questions, concerns or require additional information. Sincerely, l >= ca Wirtai 48 RTH RO Box 651 9 Whitefish, Montana 59937 * �P) 406-862-4815 * (F) 406-862-4876 po co CiVHEn,gineenngA!-�'ervzces December 13, Zoo Attu.: Frame Castle City of Kalispell Public Works Department 12 1st .Ave. East Kalispell, MT. o RE: Final Plat Approval for teary Ridge Subdivision Dear `rank; As Engineer of record for granary Ridge Subdivision, I herby certify that the construction of the items that are shown in the attached Subdivision Improvement Agreements have been completed to the best of ray knowledge. The percentage of work complete to date for Granary Ridge Subdivision is at %. Some of the constmction items remaining to be complete i sl e: base course, asphalt, curb gutter, sidewalks, landscaping, and mailboxes. Estimates prepared by Ns office for the remaining construction, total $98,890.09 for Granary Ridge Subdivision.. Secun'ty held at 125% of the remw'ning construction totals 12 , 1162. At this time we are requesting a letter of approval from the City of Kalispell stating that you are In agreement with improvements installed to date. After all work is 100% complete we will conduct a final inspection with Kalispell Public Works prior to acceptance and transfer o ovmership. If you have any questions or require additional information please feel free to give me a call (406-862-4815). gx A hapaAmA77knt Ulty ve""-f '&'alispei I Ptlbli'c Wc,)rks f: ice Box Kalispell, . 9903 - - hone gm 406 - 3 . �' w� July 29, 2005 8 Nam, P.F. P.O. Box 651 Whitefish, Montana 59937 Attention: Brett Wleck, P.E. RE: Granary Ridge Subdivision Kalispell, Montana Dear Brett: The construction plans and supporting documents for the referenced project are hereby approved. Please change the city name to Kalispell in Paragraph III of the Final Report. Attached is year copy of the letter of approval sent to the Flathead City -County Health Department and to the Montana Department of Environmental Quality We took forward to working with you on this project. Birk 1,, Frank Castles P.E. Assistant City Engineer Attachments: As Stated -w-vb1'&c { s City kif Kali4"% r U I Works artmVeMt Post t ' 1 , Kalispell., Montana 99 3-1 1 -� Telephone # �' , Fax 3 :_.. December 28, 2005 Valley Venture, LLC First Street East, Suite #204 Kalispell, Montana 59901 Re: Granary Subdivision Dear Sir or Madam: The City of Ka ispelJ Public Works Department hereby approves the exst'm, completed improvements is except those listed in the Subdivision Improvements Agreement, Exhibit "B" for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: 1. 48 North P. CA letter ce&fying that the improvements vita the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the, approved plans and specifications. . Receipt of a Subdivision Improvements Agreement which contains the total estimated constr cuor costs plus 5 for the remammg subdivision roads, sidewalks, crossways and landscap' . The Subdivision Improvements Agreement, Exhibit B, is cerfif.ed by Brett Walc ek, .. ., as being an accurate accounting of anticipated costs for the remaining improvements. The one year warranty period for the City owned and maintained existing, completed unprovernents vi l commence on December 13, 2005. The one year warranty period for the remai M construction wild commence upon acceptance by the City of the completed constricted improvements m accordance with approved plans and specifications. f you have any questions, do no hesitate to call this office. Sincerekv, Frank Castles, PE Assistant City Engineer Cmc Cc: 48 North., P.C.; P. o. Box 65 1, WMtcfis , Montana. Kalispell Planning Dept. y/ Montana Department of ENvIRONMENTAL�QUAIJTY .. . ........... . ....... P.O. Box 200901. 48 North PC Brett Walcheck PE Box 651 Dear Mr Walc eck • Helena, MT 9 -09 1. August 11, 2005 Brian Schweitzer, Governor RE: Granary Ridge Subdivision Municipal Facilities Exclusion Q-t t 1 Cif of Kalispell Flathead County .1s is to certify that the in -formation and fees received. by the Department ofEnvironmental Quality relating to this subdivision are in compliance with 7 6-4-12 7, MCA. and AM 1. 7.3 6,602. Under 7 6 - -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 propose. 176-4-111, MCAI. Construction of Nrater or sewer extensions prior to Q, Public Water Supply Secton's approval is prohibited, and is subj to penalty as presr'bed in Title 7 5, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Public Water Supply Section, Kalispell office for their review, cc: City Engineer County Sanitarian file Enforcement Division • ,permitting & Compliance Division # Phanning, Prevention & Asstancc.division - Re-wediation Division Montana Department NVIRONMENTALQUILITY 1.09 Co€ pe rativ "may - S�jitc 1.05 - Kalispell, MT 1- o ) - - FAX 755-8977 Brett Walc eek, P.E. August 15, Zoo 48 North PC P.O. Box 651 Whitefish, MT 59937 RE: Granary Ridge Water & Sewer; EQ# 06-1119. Dear Mr. Walc .ec -. Plans and specifications for the above -referenced project have been reviewed by personnel with the ernittinor & Compliance Divisionutilizingthe certified checklist procedure. The plans and specifications are hereby approved. 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 August 15, 2005 under the seal of: Brett W. Walcheck, P.E.# 14872PE, RE.RE.# 16282PE. Approval is also given with the understanding that any deviation from the approved plans and speci ications 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, ent, 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 elate. If more than tree gears 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 406-444-3080 for more information. Sincerely, a er M. uder � .E. nvironnnenta ngineer PE Public Water Supply Section Public Water Supply and Subdivisions Bureau cc: valley Venture, LL Fi t eadCo my W&S District #1 - Evergreen Flathead County Sanitarian File Centralized Senvices Division 1 Eaforee gent Division # Permitting c Compliance Division - Plan i g, Prevention ,assistance Division - eme i txo Division 48 North, P.C. Attention: Brett Walceek P.O. Box 651 Whitefish, MT 59937 Dear Brett The District's staff and Andy Hyde of Carver Engineering have reviewed the revised plans for Granary Ridge. Please consider the plans approved. Note the attached memo from Andy Hyde of Carver Engineefing. Based on conversations between you and Andy, the installation of the new water may.n above the proposed future sewer main will be considered in the field. ,also the water main profile shown on sheets 7 and 9 will be redrawn at construction completion to reflect as built details. Please contact us if you require additional information. Sincerely, 62wel - Roberta Struck itr'et Manager January 9, 2006 48 North P.C. Aft : Breft Walcheck P.O. Box 65 When , MT 5993 Re: Final plat approval _ Granary Ridge Dear Mr. Wlekx In response to your request for approval of the above -referenced project, our department approves final plat for Granary Ridge, with the following information and conditions. Fire hydrant locations, fire flows, and fire department access are approved by this department. Please contact me if you have any questions. Sincerely, Brent L. Christ( Assistant Chief x : Tory ntz" Kalispell Planning'Office "Assisting our community in reducing, ing, preventing, and mitigating emergencies. " ,.k f Kalisp. x Parks and Recreation January 11, 206 Mr. Bruce Lutz Sitsae Associates 35 Golf Course Drive Columbia Falls} MT 59912 35 16t Ave East — P.O. Box 1 — Kalispell MT59903-1997 'hone (406) 7718 Fax - 71 Email: Parknrec@kalispell.com Re: Granary Ridge Twa Dear Bruce, This latter is to serve as approval of the landscaping requirements for the Granary Ridge Town homes on Whitefish Stage. I visited with you regarding the improvements on Tuesday, January 10, 2006 and found all to be satisfactory. We cane to an agreement to acid a few changes on the plans which are; six spruces and one mountain ash along Whitefish Stage for additional berin . On the north side (to the right hand side of the drawing) it has been agreed t place 27 Perking C t n ast r to form a hedge and one additional spruce for buffering. If you have any questions or concerns please give me a call. Sincerely, Michael Baler, Director Cc: Tom Jentz, Planning Director Erica Wirtala, Sands Surveying JutltVfTgD STIiTES l POSTALSERVICE December 15, 2005 Jim Williamson 48 North PC P. 0. Box 651 Whitefish, III " 59937 RE: Granary Ridge Subdivision Dear Mr. Williamson; Delivery for Granary Ridge Subdivision located at 1365 Whitefish Stage Road has been approved for Cluster Box Unit C U delivery. The developer ili provide one 6-unit CBU and an -foot x 4-foot cement pad to be placed in the location noted on site plan/diagram (seeenclosed.) pad will need to be fabricated according t the enclosed specs (postal regulations), centered, and abutting the curb. We will need a final plat provided by the county and the enclosed agreement signed and returned to nee. ff you have r questions regarding this ratter, you may contact me at 5-6 5 . {1 Bush Carter Growth Management Enclosures CONSENT TO PLATTING Pursuant to Simon -3- 2,, MCA, the undersigned, GLACIER. BAN& _as Beneficiary of a Deed of Trust dated May 14, 2004 to secure an indebtedness of $750,000.00, hereby consents to the Platting of a trams of land to be known and named as "GRANARY MIDGE" IN WITNESS WMERE., said paw has caused their name to be subscn*bed hereto on this day of� . STATE t'3F MONTANA) SS COUNTY of FLATHEAD ) �� r . before t :Public for n day a a� tat ;-� = personaeared whose name is subscn*bed to the foregoing instrument and acknowledged to me that they executed the same. Notate Public foithe State of Mntar4 Residing at: My Commission xres: CONSENT TO PLATTtNG Pursuant to Sion 76-3-612 MCA the undersigned, GLAC1ER BAN:& as Beneficiary of a Deed of Trust dated September 8, 2005 to secure an indebtedness of $755.,819.00, hereby consents to the Plattm tract of land to be known and named as ""GRANARY RIDGE" N WITNESS W]HEREOF, swd party has caused their name to be subscribed hereto this day of 2005. STATE 4F MONTANA } SS COUNTY OF FLATHEAD On this day of lafW2 :-,} before me a Notary Public for the State of ... personally 4peared whose name is subscribed to the foregoing instrument and acknowledged to me thatthey executed the same..., .. . Notairy Pu-t State Montana My Commission Expires:.. } Jv r, 7 Plat Room Flathead County, Montana 800 S. Main St. Kaljspell# MT 59901 { -5 1 This Form is for Subdivisions & Condominiums Only SANDS SURVEYING BY: FOR; GRANARY RIDGEINCDATE: 1/1112006 SC P GRANARY RIDGE SUSPURPOSE:# Plat all in 32-29-21 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. Deputy Treasurer (seal) JAN 2 3 zoos ' .0«4 i .v..4•rr F�+kl�iP.'idAA�4<Y"#"4 '.� .��M1 35 ¢�e DriveWes Resery x.: { :-.'�-:F te" . -�'Approxima Site, Locationq,I.X ` :.. 4 T .EF :i m .s 71* A. 00. im 1q� * r. rAt { � r1!'>:: :+�:'.�� a ,4v.'• M1M1_ v. # . G_n F •, �` # � •„!rye!' x � �� ' � � � - , �.r.."•�n„t � xy' �f....,,e�"" ',� "�a,..�e�,en t r^:. �Ll^rr�9� W.,t. �..1«F *" o "� �"Q ..��w..�.�..�? ,w .. � 1 ?c-,..ter } �xi`' ti eo,., #'.• xa, r :..vxic,. .�.,, 'x - *10 � PARK LI 4: f1! ..W ........... —_J M image courtesy of the U.S. Geological Survey Job Number: 05-144 Project: Granary Ridge Development Kalispell, Montana December 10- ' ------ Vicinity Map NA CMG Engineering, Inc..: Kalispell, M FIGURE -ELM-w-'xw)RY 4;Ln Ik-x4i{'."Ad DP'ry T^ VNI" "T13dSrr" 5&x&ms 5U1J&&O16"_7Iwo ` � � .. 3 Lnowi ais C%1 xf tiyyjti.JM1. :>e�/.1"i �"',�v'�.h' ��+ .�.r• 5�� .1� tt22 � } ' '' . ,..�...�......_. + �.». h .»«r, x «M,....,..r...,.........,., �-�...., nk,,;S;.,� � � .,.•F � '..r =: _ T sV tw+ : r....';.a,4..�.'<'� r .... ' . ; ..�... .� . ; r:.' c ' .... ... .. .... .... ..... ...... ...... ... _..._ ._.. ti iM`♦ no _ _ ... �ry a .f Project: Granary Ridge De elom Kalispell. Montana ......................... -'-........................ ..... ............. Job Number: Date: ................ . .......................... .. _..._......................................................... Site Plan CMG Engineering, Inc. Kalispell, M FIGURE 05-144 December 19,2005 ............................................................................... :k { PLAT OF GRANARY RIDGE SlIBDIVISIOAf A P.UA and AAfENQEO PLAT OF LOT 3 of AMENDED PLAT LOT 3, suBDI v1sloN No. 150, and LOT 4, SU8DIVISION No. 150 in the HV ME W//2SW//4 SE'G M. T.29K, R.?!WPK,Mf, FLATMEAO COUNTY, MONTAAGI MW40 fY JIVT 101MW �W�4 jaw raw. 446 44 fa �MyUTU".� la JWAr 4ALM �r�r�' r 3, A D Kff LOT 3, %m om ha 00 AW Asir RDT 4. tea" Flo. 2aa JAW 14 rr 13 CAFt W�� tmW 12, lCos MATE ROAD 5 VTUTY '. AWWWOT XWWW air—'� xY UTLFrY EASEMENT M Friar WSW am - .. al e)��38�37�3613513�F 18 . � ' Il -174 63B 1331�2i3113t� 713 17 12 64 69121 1�2I�3 1�4 ` � 16 I 125 126 1.�7 128 ,69 13A \1 7 6 7012,o 1� 18 11........ ......... U. 7 il6 �i5 114�t13 R,' 168 �'04 `.104 � R� � 14 ° 71 .. I0911C`16 03 7 2 53 52 73� 89 , E ��za 51 cro,50 , 87.:86:, t 85 84'83 82 � 8I 49 �4.(J 213 7 5 CD CD: 1161 �60216 B 5E lirrAL RA�3� 9' ;`'✓'lp 1p1 �ALQ� STAG E 12 VICINITY I&MIAP SCALE 1" = 300' VALLEY VENTURE, LLC PR�LIMINARY PLAT - GRANARY RIDGE TOWNHOMES A 16 SUBLOT RESIDENTIAL SUBDIVISION ON 2.5 ACRES R 4 INTENDED FOR TOWNHOUCE DEVELOPMENT FILED CONCURRENTLY WITH INITIAL ZONING UPON NNEXATION C;C APLANN. D U TNT"' � � VELOPMENrP ?LET DATE �"i T 7 �..7 T �� j' �;.,,, f:\gis'�sitelknni?5_-�.czwg -e-M"; u = ENDNERIN", INC, x December 20, 2005 K Builders l " and Main Building 1 " Street East, Suite 20 Kalispell, MT 5990 Subject: Geotechnical investigation Slope Stability Assessment Granary Ridge Development Kalispell, Montana CMG Project No,:05- Dear Mr. Toni Kline, At your request, CMG Engineering, Inc. (CMG) has conducted a geotechnical investigation and slope stability assessment for the planned Granary Ridge Development, in Kalispell, Montana. The Vicinity Map, Figure 1, shows the general location of the site. The investigation was conducted to evaluate subsurface materials, observe conditions at the site, and develop recommendations for site preparation, earthwork, general foundation udelnes, suracc dran.a�e. nestaton included a review of existing subsurface information for the site vicinity, subsurface explorations, field and laboratory testing, and engineering analyses. This report describes the work accomplished and provides our conclusions and recommendations for use in the design and construction of the proposed project. CMG has strived to perform the investigation and develop recommendations in a manner consistent with the degree of care that is presently standard to the geotechn.i al engineering profession. PROJECT DESCRIPTION The project site is located in the north portion of Kalispell, adjacent to Whitefish Stage Road as indicated on Figure I . The proposed d e el o ment will consist of 8 duplex buildings on 16 lots with an asphaltic concrete paved access road. The location and configuration of the proposed development are shown on the Site Flan, Figure 2. ,available design details indicate the proposed buildings will consist of single -story structures with attached garages. Based on proposed floor elevations and the existing topography, we anticipate fill placement will he limited to Lots 6 and 7. Maximum fill heights qf 2 to 3 ft are anticipated Our past experience with similar structures b�Nwrw.aw-Y�-JoYs1 MivHon.wtvaYnwe CMG Engineering, r . indicates SITE DESCRIPTION General The project site is bordered by residential development to the north and south, a relatively steep, downward sloping hill to the east, and whitefish Stage Road to the west. Past development of the site consists of an existing house, small sheds, and utilities near the south property boundary. The proposed development area is vegetated with. grass, and the slope along the east side of the site is vegetated with grass, underbrush and large evergreen trees. Seeps and springs were not observed at the ground surface within the planned development area; however, evidence ofpast spring activity was observed on the slope, near the northeast corner of the site. It appears that past development within the planned building footprints has not occurred. Topography Site observations and review of the available topographic survey informat . n., provided by you, indicates the area to be developed is relatively flat. However, east of the proposed development, the ground slopes downward at average slopes of about 1I:ly. Elevations range from about 3,004 ft near the northwest property corner to about 2,997 ft near the center of the east development boundary. Elevations in the vicinity of the slope range from about 3,000 ft at the crest of the slope to about 21,9 ft at the toe. It appears the majority of the project area has not been disturbed by previous development, and undisturbed, native soils should be anticipated. Based on the current site plan, the buildings along the east property boundary will be located at least 20 ft(horizontally) from the crest of the slope. Geology The project site lies in the Rocky Mountain Trench bounded by the Salish Mountains to the West and the Swan Lange to the East. The trench was traversed by the Flathead Glacier and was covered by substantial areas ofglacial lakes during recesslon of the lee mass. The surficial geology of the area consists of silts and clays deposited by glacial. lakes and sands deposited during more turbulent tines. The soils are underlain by glacial till soils consisting of silty gravel with large cobbles and boulders that were deposited during glaciation of the area. Based on past experience and observations during this investigation, we anticipate the glacial till soils are more than 60 ft below the ground surface in this area. Seepage is common, but relatively unpredictable in these deposits. The relatively steep slope along the east property boundary was carved by the whitefish River following glaciation. This slope is an ancient river hank and extends for miles along the west side of the river, This slope has a history of periodic failure, particularly in areas steeper than I H; I V and where increased surface water flows are added at the crest of the slope. There is some evidence of past failures below the project area as indicated by hummocky, irregular terrain beyond the toe of slope. However, the majority of the slope appears constant and continuous with numerous large evergreen trees, Indicating slope movement has not occurred in more than 5 0 years. It appears that some slope activity has occurred in an oversteepened area of the slope below the northeast Page Granag Ridge Deve1p nt -- K is , Montane. CM eerinS, Inc. corner of the site. Based on observations at the site, the slump was likely caused by eater added to the slope in a. concentrated area by ston-nwater pipes and rain gutters from the neighboring development. The slump is near the toe of the slope and is below Lots I and 2, where the crest of the slope extends to the northeast as opposed to directly north. Planned foundations in this area are between and 5 5 ft from the crest of the slope. Site Seismicity The site lies within the Intermountain Seismic Belt and is .upped as a zone of potentially significant seismic ground movement. Subsurface materials encountered during this limited investigation indicate the site soils should be classified as Site Class E, in accordance with the International Building Code IBC Zoo . Based on the relatively medlu . stiff to stiff nature of the soils and low groundwater table, we anticipate the risk of liquefaction or lateral spreading is love. SUBSURFACE CONDITIONS General Subsurface materials and conditions at the site were investigated on April 27, 2005 with four borings, designated - I through -4. Borings -1 and B-2 were completed near the crest of the slope, near the rear of Lots 2 and 6. The approximate locations of the borings are shown on Figure 2. A detailed discussion of the field exploration and laboratory testing programs completed for this investigation are provided in Appendix A. .dogs of the borings are provided in Appendix A on Figures I A through 4A. Soils Typical soils observed at the ground surface consist of fill material and low plasticity silt soils v.th varying percentages of organics and sand (topsoil). The fill and topsoil zones extend to depths of about o, 5 to 2.5 ft. The fill and topsoil are underlain by interbedded layers of silt, sated and clay with varying combinations of the these three soil constituents. Standard Penetration Blow counts range from 5 to 28 blows per ft, indicating the relative consistency of the soil ranges from medium stiff to very stiff. Moisture contents of these soils tend to increase with increased clay contents and decrease when sand percentages increase. Moisture contents also tend to increase with depth and generally range from about 2 to 10 percent in sand soils and 15 to percent in silt and clay soils. All four borings completed for this investigation were terminated in the silty clay soils at varying depths ranging from 10.3 to 60.1 ft. Groundwater Groundwater was not observed in the .majority of the subsurface exp]oratlons at the time of drilling except in Boring -1. A 2-inch diameter slotted PVC pipe was installed i.. Boring - I to be used to record periodic groundwater levels. on May 12, 2005, groundwater depths were measured at about 57.0 ft below the ground surface, corresponding to an elevation of 2,945 ft. It should be .noted that this elevation corresponds to the approximate elevation of the toe of the steeper portions of the slope to the east of the development. we anticipate the groundwater level rises and falls in response to rainfall and snowmelt. Numerous other factors .may contribute to groundwater fluctuations and occurrence of seepage; evaluation of these factors requires special study that is Page 3 Grp d Development �- Kafi ill, Montana MCJEngineering, Inc. r��. Y-- - -�, � - - - beyond the scope of this report. ENGINEERING ANALYSIS General Based on discussions with the project team at the time of this investigation, we understand the proposed structures will consist of single -story buildings with attached garages. Five builidngs are pled along the east property boundary with foundation walls at least 20 ft from the crest of the nearby slope. We understand cuts will be minimal and fills up to about 3 ft are planned on 1., is 6 and . Maximum column and wall loads of 50 kips and 3 kips per lineal ft, respectively, are anticipated for the planned structures. Site Preparation The soils encountered during the subsurface investigation consist primarily of fine-grained moisture -sensitive soils. Based on past experience, the near -surface fine-grained soils encountered during this investigation have .little cohesion. As a result, these soils can be easily disturbed and strength diminished dunng construction if in -situ moisture contents are greater than the optimwn moisture content for the soli. This is of particular concern daring the seasonally wet tines of the year when seepage or surface water is allowed to pond and infiltrate. Therefore, positive site drainage is of critical importance to both construction and long-term performance of the proposed development. Based on our experience in the project vicinity and groundwater level measurements taken during this investigation, we anticipate groundwater levels will he below the planned excavation limits and utility construction. In addition, moisture contents of the near surface soils at the time of our investigation were below the optimum moisture content for the silty clay and sand soils,, indicating the risk of disturbing the soils with construction traffic 1s low, assuming adequate drainage is provided. Site stripping will need to be conducted in all planned development areas prior to earthwork. construction. The removal of topsoil should extend down to firm native soils with minimal organics. Based on observations wring the subsurface investigation, we anticipate the topsoil/cultivated zone will r .nge from 6 to 12 inches thick with an average of 9 inches across the site. Previously placed fill material shall also be removed in areas where settlement sensitive elements pavement, sidewalks, utilities, concrete slabs, foundations, etc. are planned. Earthwork We understand it is desirable to use on -site soils for the construction of the relatively small Structural Fills and utflity trench bae fi 1. Near surface, on -site soils consist primarily of fine- grained, moisture -sensitive silty clay and sand soils. Soils encountered beneath the topsoi cultivated zone are suitable for Structural Fill construction as long as the soils are free of organics or other deleterious materials. Compaction of Structural Fill and utility trench bac fill should be accomplished when moisture contents are within 3 percent of the optimum moisture content as determined by ASTM D698. Observations during the subsurface and laboratory investigations revealed that the in situ soils are typically dry of the optimum moisture content as determined by STM D698,, indicating water will need to be added to these soils and the soils will need to be 'age Gran4a Ri e Deve p pent - Kalispell, Montana CMG E gineerxInc. moisture conditioned prior to compaction. Use of on -site, fine grained soils will be a weather - sensitive earthwork operation. It should be realized that fine grained soils can be difficult to compact, particularly during wet or cold weather. Construction of Structural Fill using fine grained soils during relatively wet weather or when temperatures are below freezing (including nightly low temperatures), will significantly reduce the efficiency of earthwork operations. Limiting mass grading to the relatively dry and warm late spring, summer or early fall months will reduce the likelihood of weather affecting construction operations. Foundations We anticipate footings will be established in the relatively medium stiff to stiff silt and clay soils. The moisture sensitive fine grained soils require care and proper drainage to adequately construct the proposed structures. Based on the assumed elevation of the planned footings, it appears the soil to a depth of about 5 feet below the bottom of footings consists of medium stiff and stiff silt and clay soils, with SPT blow counts of 6 to 20 bows per foot. Precautions to minimize disturbance of the bearing surface and reduce associated differential settlements are provided in. the Recommendations section of this report. Based on typical design for like structures, we anticipate maximum um design loads will be less than 50 kips for column loads, and 3 kips per lineal .foot for the continuous wall footings. Field and laboratory test data for this project along with previous geotechnical investigations conducted in the nearby vicinity of this Project and on similar soils were used in the foundation analysis. Bearing pressure values of 2,000 psf are based on medium stiff to stiff silt and clay soils or Structural Fill compacted to a minimum of 95 percent of the maximum dry density as determined by , STM D698. Excavations necessary to remove disturbed subgrade soils, or unsuitable subgrade soils should be backfilled with Structural Fill gravel as indicated in the Recommendations section of this report. We anticipate settlements associated with the allowable bearing pressures presented above and in the Recommendations section of this report will be less than I inch with differential settlements less than 1 the total settlement. Settlements are expected to occur over a. relatively short time period in response to the loading. Slope Stability Analysis Obvious signs of recent slope instability or land movement was not observed in the vicinity of the slope with the exception of a relatively small area at the toe of the slope, below Lots I and 2 of the planned development. However, based on the topography of the area around the site and CMG, s past experience with nearby projects, we anticipate that slope failures and soil creep may have previously occurred below the project site. It is likely that the flattening of slopes by past failures have generally aided in the stabilization of the project area., although, caution is still required when developing near the crest of the ,steep slope. In addition, the slump below Lots I and 2 should be periodically .monitored. for erosion movement and may need to be regraded if slumping continues to occur. Due to the proximity of the slumping area to the planned development and the fact that the structures will be set back a distance between 35 and 55 ft from the crest of the slope in this area, we anticipate the existing slump will have minimal affect on the planned development. we also anticipate that soil creep is occurring ac--,oss the relatively steep slope. Slope creep is the slow Page 5 Gran .a i � l n -� K .lis a. , Montana _ CMG Engineering Inc. downward movement en ent of fine grained soils to a depth of about 5 ft below the ground surface. Soil creep typically occurs on relatively steep slopes comprised of fine grained soils and occurs at an extremely slow rate. Due to .no planned structures on the slope, soil creep should not affect the planned development. Two exploration borings were drilled in the project area to a depths of about 39.6 and 60,1 ft to evaluate soil conditions and groundwater levels. The information obtained during drilling was used to conduct a slope stability analysis of the site; in addition, data from projects on similar soils were used for shear strength correlations. The analysis consisted of evaluating the existing conditions at the site along with those following construction. Our stability analysis to model slope behavior used the computer program STABLE6H to generate limiting equilibrium solutions for circular and planar failure surfaces. The limiting equilibrium concept is based on the ratio ofresisting to driving forces or moments. Circular surfaces were analyzed using the Modified Bishop Method, and planar surface analysis used the Modified an u Method. When failure impends, or limiting equilibrium is approached, the factor of safety reaches S=1.0, while a factor of safety r at S=1.5± is normally accepted minimum for design of slopes subject to seepage. For seismic analysis purposes, a pseudo -static method was used employing a horizontal seismic coefficient, k 0.12; this value is on the order of two thirds the magnitude of the o -year earthquake acceleration. A factor of safety., FS-z;;;:1.0, is normally accepted for transient seismic loading. Existing Condition An is A site plan with topographic contours provided by you, was used to develop a cross section of the slope in the vicinity of the proposed structures. The location of the cross section appears to contain the controlling condition with the steepest slopes and the greatest vertical relief. The soils encountered in Boring - l and B -2 were used to generate a soil profile in the vicinity of the cross section. In this analysis, an effective r etton angle, 1 � was used. for both the silty sand and silty clay soils. A cohesion intercept value, c=O psf, was used to'model the noncohesie nature of the granular materials and a value of 100 psf was used to evaluate the silty clay soils. Based. on oast experience in the Kalispell area., moist and saturated unit weights of 11.0 and 125 pcf, respectfely, were used for the entire soil column used in this analysis. A piezometr�e surface corresponding to the measured groundwater elevation was also input for this analysis. The existing condition analysis resulted in a factor of safety against sliding of about 1.6 to 1.7. The circular failure method (Modified Bishop Method) produced the lowest factor of safety for this analysis. These results indicate the existing slope safety factors to be within the normally -accepted range for slope stability under static, steady-state seepage conditions. For the seismic case, the factor of safety was found to be FS=I .. Post Construction Section Anal si ys Following construction of the pled development, we anticipate increased loading due to the presence of structures; however, the building loads compared to the weight of the soil column Page Gram Ridge Development - Kalispell, Montana CMG Engineering, Inc. is minimal and will not have a large effect on tie stability of the slope. The post construction analysis assumes drainage is prov;Ided around the structure and roof water is collected and not allowed to outlet on the slope as indicated in the Recommendations section of this report. The analysis also assumes the ground surface in the vicinity of the residence is not significantly regraded (with the exception of mirror fills on Lots 6 and ' to increase the height or angle of the existing slopes. Excavation of soil from the slope and flattening of the slopes will increase the factor of safety and is considered favorable, aside for the disturbance to vegetation. The post construction stability analysis used the same soil properties and geometry as the pre construction analysis. However, loading was added to model the continuous foundations of the proposed structure. The post construction stability analysis results in a factor of safety of about 1.6. For the seismic case, the factor of safety was found to be about S= i .15 . The circular failure method (Modified Bishop Method) produced. the lowest factor of safety for this analysis. These results indicate the analyzed post construction condition is also within normally acceptable stability limits. RECOMMENDATIONS 1.0 General Site Preparation 1.1 The removal of topsoil and other organic material, including the clearing and grubbing of surficial vegetation and root zones, should be accomplished within the construction zone prior to any earthwork construction. Due to the presence of moisture -sensitive fine grained soils near the ground surface, care should be taken to reduce the risk of disturbing the soils clue to heavy construction traffic during wet conditions. Following removal of surface rya erals, site preparation can proceed for earthwork, sgrade preparation, and foundations. 1.2 Surface drainage should be established to direct runoff away from the construction area and relatively steep slopes at the east side of the property. 1.3 Excavated material or structural fill to he placed as bacl fil I shall not be stockpiled on or near the crest of the relatively steep slope, Stockpiling soil on or near the crest of the steep slope wii add weight to the slope that �.il .reduce the factor of safety against s.lidi.rrg. 1.4 Soils encountered. at the site have a relatively high silt and clay percentage. These soils are fine grained, moisture -sensitive soils that are easily disturbed by construction activities and traffic. During wet weather construction,, we recommend construction traffic not travel over fine grained subgrade soils. In areas where heavy construction traffic is anticipated, haul roads with a minimum .imum gravel thickness of 2 feet should be constructed over the planned subgrade. The gravel should consist of a ell -graded pit ruin gravel with a maximum size of 3 inches with no more than 7 percent passing the No. 200 sieve. Geotextile fabric placed between the fine-grained soils and gravel for the haul road will reduce the risk of continued maintenance of the haul road during construction.. Provided that the haul road is constructed over fire subgrade stripped of organics, it can he used as a portion of the subbase for the roadway. 'age Granary Ridge De v lrpt - Kati p ell, Montana CMG Engineering, Inc, 1.5 The stability of construction excavations and associated worker safety are the responsibility of the contractor in accordance with current OSHA regulations; this responsibility ity may require design by a registered professional engineer. Based on the predominant soil types encountered during our investigation, temporary construction excavations that are to be planned in accordance with OSHA pro islon.s should assume Type B material conditions for medium stiff to stiff silt and clay soils. Actual subsurface conditions at the time of excavation should be observed by a geotechnical engineer to determine whether slope flattening, bracing or other stabilization is necessary due to seepage or other unexpected conditions. 2,0 Excavation, Earthwork, andConstruction Materials 2.1 Heavy-duty, track -mounted hydraulic excavators equipped with a smooth cutting edge will reduce the n"sk of disturbing the underlying silt and clay soils during excavation.Rubber- tired equipment, including graders and dump trucks, used within 2 ft of subgrade elevation will greatly increase the risk of disturbing the underlying subgrade soils during wet weather conditions.. ,2 Structural Fill constructed. within proposed building footprints, driveway.ss dermal s, and other areas that are settlement -sensitive should be comprised of soils that are free of organics and deleterious materials. All Structural Fill material should be compacted to a minimum of 95 percent of the maximum dry density as determined by A.STM D698. In addition, the moisture content of the Structural Fill at the time of compaction should be within 3 percent of the optimum moisture content as determined by ASTM D698. Structural Fills should consist of well -graded soils with a maximwn particle size of 4 inches. -site soils, free of material greater than 4 inch maximum size and moisture conditioned to within 3 percent of the optimum moisture content is suitable for Structural Fill. All Structural Fill material shall be approved by our geotechnieal engineer. In the event where Structural Fill will be placed beneath planned footings, in an area of significant moisture, or at times of the year when moisture conditioning of the on -site soils is im.pra.etical, we recommend the Structural Fill material meet the following gradation and composition. on. guidelines: Scree. or Sieve Size Percent Passing by Weight -inch. 100 I 1-inch.85-100 No. 4 30-60 'No. Zoo 10 maximum The sand and gravel -size particles comprising the .fill should be hard, durable rock materials that will not degrade by moistening or under :mechanical action of the compacting equipment; i.e. .not shale or other clayey rock types. Page ra ark Jae Development - Kalispell , Montana CMG , Inc. The b1nder1fines should have maximum Liquid Limit and Plasticity Index values of 25 and 10 percent, respectively. No frozen, organic, or other deleterious materials should be present in the Structural Fill. .3 Structural Fill should be placed in uniform lifts not exceeding a l -inch loose thickness and be compacted to at least 95 percent of the maximum un dry density as determined by ASTM D698, Structural Fill should be placed over undisturbed subgrade material. The subgrade should be observed by a qualified geotechnical engineer prior to fill placement. Structural Fill should not be placed over frozen subrade or previously placed Structural Fill that has frozen. Due to the presence of the relatively steep slope, we recommend Structural Fill areas be limited to the relatively low area of Lots 6 and 7 and shall not exceed about 3 ft deep. 2.4 Perimeter bac .fill materials should be approved by our geotechnical engineer and be placed in uniform lifts ofmaximum l -inch loose thickness and be compacted to 95 percent of the maximum dry density as determined by ASTM D698. Backfill materials should be placed and compacted per Item 2. We anticipate the moisture contents of the excavated materials will be relatively dry of the optimum moisture content and difficult to moisture condition during the relatively cold conditions when temperatures are less than 40 degrees (F). Therefore, depending on construction schedule, we anticipate imported Structural Fill as described in Item 2.2 may be necessary in some areas. Backfill should not be placed on frozen subgrade material or previously placed backfill that .has frozen. en. Compaction within 5 Feet of foundation structures or retaining walls should be accomplished using hand - operated tamping equipment only. 2.5 Structural Fill placement should be observed and tested by our geotechnical site representative. Any areas of rutting, excessive deformation, or other non -uniform performance should be moisture conditioned and recom acted, or removed and replaced, as recommended by our geotechnical engineer. 3,0 Foundation Preparation and Design 3.1 Excavation to foundation elevation shall be acco p shed with a smooth -lipped excavator bucket to reduce disturbance. Areas of disturbed subgrade shall be removed prior to rebar and form and placement. Prior to placement of forn .s and rebar, we recommend our eotechnical engineer observe the .native soil at the bottom of the excavation for suitability of the proposed foundation bearing pressures. Care should be taken to minimize disturbance to the silt, clay and sand bearing surfaces. Due to the sensitive nature of the silt and clay soils, if construction is to occur during wet weather conditions, we recommend overexeava.tin 1 inches below foundation elevations and backlling with Structural Fill gravel as described in Item 2.2,. Compaction should occur immediately after placement of gravel to reduce the risk ofdisturbing the underlying soils. We recommend our geotechnical engineer observe compaction of the gravel to reduce the risk of applying too much Page Gr p Ri e r el o ! t - Kafir ll, Montane. CMG Ep n ram, Inc. eornpactive effort and disturbing the underlying silt and clay soils. 3.2 where the removal of unsuitable material is required, replacement Structural Fill should be placed and compacted per Item 2.2 to attain foundation grade. Unsuitable materials include previously placed fill nateri.as, soils with support capability less than the bearing values planned for a specific footing, and any saturated or softened/disturbed native soils that may occur due to isolated seepage, weather, or construction activities. 3.3 Continuous wall and spread footIng foundations shall be established on undisturbed native soils or compacted Structural Fill. footings can then be designed with maximum allowable bearing pressures of 2,000 psf provided load -settlement relations discussed in the Engineering Analysis are acceptable. Continuous wall and spread footing foundations should have minimum footing widths of 18 inches and 2 ft, respectively. 3.4 As discussed in the Engineen*ng Analysis section, the relatively steep slope along the east property boundary is sensitive to construction activities. we recommend horizontal setbacks at foundation elevation of at least 25 ft from the slope be established to reduce the risk of the planned development affecting the stability of the slope. It should be .noted that the horizontal setback distance is measured at footing elevation from the outside edge of the footing to the location on the slope at the same elevation as the bottom of the footing. With the typical embedment of foundations, we anticipate the 25 ft setback will he accomplished if'the building walls are planned no closer than 20 f from the crest of the slope. 3.5 All foundation footings should have a minimum embedment bedment of 2.0feet below finished interior surfaces. Exterior wall footings should be embedded a minimum of 3.5 feet below exterior grades to establish frost protection. In addition, foundations sb.ould be established a minimum horizontal distance of 25 ft from the slope face. Horizontal distance from the slope .face can be increased by deepening the footing elevation. 4.0 Site Drainage .1 Finished site grades should be .positively sloped away from foundation and backfill ,pones. Upslope grading should be designed and maintained to route nmoffaway from the building areas. .2 Due to the sensitive nature of the relatively steep slope, we recommend rood` water be collected and piped to a storm suer system that outlets along the west property boundary. Water from drains and gutters should not be allowed to outlet on or near the slope. 5,0 Seismic Design .1 Seismic design following the static procedures outlined in the International Building Code may be conducted using; a Site Class E 2 03 IBC). A site specific seismic hazard study will be necessary if dynamic procedures are to be followed. Page 1 Granary i e Development - Kali ll, Montana CMG ' n m rin , Inc. ��v�..v ___..fieo n _ - - ,o Construction Services and Quality Control 6.1 Geotechnical observation should be provided to monitor the site preparation, earthwork-, and foundation stages of construction. These geotechnical services should ascertain that subsurface conditions are reasonably consistent with those determined by our investigation, and should ascertain that site and foundation preparation are consistent with our recommendations. CONCLUSION The foregoing recommendations present our initial geotechnical input for design and construction of the project. In order for these recommendations to ' e properly incorporated in the subsequent design and construction stages we recommend that our geotechnical and construction materials engineering staff remain involved with the project to ascertain that our recommendations have been properly interpreted both during design and construction. These services will reduce the potential for misinterpretation of subsurface conditions and geotechnical design recommendations that are important in the preparation of project plans, specifications and bid documents. LIMITATIONS CMG Engineering, Inc. has strived to prepare this report in accordance with generally accepted geotechnical engineering practices in this area solely for use by the client for design poses and is not intended as a construction or hid document e.nt representing subsurface conditions in their entirety. The conclusions and recommendations presented are based upon the data obtained during the investigation as applied to the :proposed design and construction details discussed in this report. The nature and extent of variations between the borings may not become evident until construction. If variations are them exposed, it will be necessary to reevaluate the recommendations of this report. f changes in the concept, design data, or location of the structures are planned, the recommendations contained in this report shall not be considered valid unless the changes are reviewed by our geotechnical engineer, and a written response is provided. Sincerely', John W. Ayers, P.E. Senior Materials Engineer Al e s Senior Geotech ica ... } ::.. tk r i v. .a Page l I GrYYd_i_d ....�e.wv�e..wI-qpT twvvv-� Y--- t.vvHv..o..w- Nalis elf iInc. FIELD EXPLORATIONS AND LABORATORY TESTING FIELD EXPLORATIONS General The subsurface materials and conditions at the site were investigated by CMG on April 27, Zoo, with four borings designated B - 1 through B -. The location of the borings are shown on the Site Plan,, Figure 2. All field explorations were observed by an experienced engineer or geologist provided by our firm, who maintained a detailed log of the mat.efial s disclosed during the eourse of the work. The following subsections contain a detailed description of the field investigation completed for this project, Borings Borings B-1 through -4 were completed to a depths ranging from 10.3 to 60.1 ft. The borings were drilled using hollow -stem auger techniques with a Mobile - 1 truck -mounted drill rig, provided and. operated by 0 "Keefe Drilling of Butte, Montana. Disturbed samples were obtained from the borings at 2.- to 5-ft intervals of depth. Disturbed samples were obtained using a standard split -spoon sampler. At the time of sampling, , the Standard Penetration Test S T was conducted. This test consists of driving a standard. split -spoon sampler into the soil a distance of 18 in. -using a 1 o-lb hammer dropped 30 in. The number of blows required to drive the sampler the last 12 in, is known as the Standard penetration Resistance, or N-value. The N- val es provide a measure of the relative density of granular soils, such as sand, and the .relative consistency or stiffness of cohesive soils, such as slit and clay. The soil samples obtained in the split -spoon sampler were carefully examined in the field, and representative portions were saved in airtight plastic bags for further examination and physical testing in our laboratory. The actual length of sample recovered is dependent on the type of material and recovery percentage. Logs of the borings are provided on Figures I A through 4A. Each log presents a descriptive summary of the various types ofmaterials encountered and motes the depth where the materials and/or characteristics of the materials change. To the left of the descriptive summary, the numbers and types of samples taken during drilling operations are indicated. To the right, N-values are shown graphically, along with the natural moisture contents, Atterberg Limits, and Torvane shear strength values, if appropriate. LABORATORY TESTING General All samples obtained from the borings were returned to our laboratory where the physical characteristics of the samples were noted, and field classifications were modified where necessary. The laboratory testing program for this project consisted of natural moisture content tests. Natural Moisture Content Natural moisture content determinations were made in conformance with A-STM D2216. The results are shown on the boring logs, Figures 1 A through 4A. .gage A - 1 O A W 14 54 A 44 Z i Ir4 xW j�,� i4 'BORING LOG PROJECT: Grai7a. 1 Dever melt CLIENT: TK Builders, LLC See Site Plan DRILLER: O'Keefe DrillingLOGGED METHOD: .follow -stem Auger PROJECT NO.:05-144 DATE: 27 ELEVATION: 1,002 ft BY: Joshua Smith GW: � 5 . ft 1 GW(2): :LOCATION: BA hle: 06 -144 Grans ' Rid ve12 mew Dale P6nted: IZ/20/2005 , i . � 50- MATERIAL DESCRIPTION TEST RESULTS Plastic LimitLiquid Lima Water Conte (percent) -v lues A (Biows per foot) 0 20 30 40 50 60 70 80. go S-1 0.0 FILL: Salt with Sand, medium stiff stiff, moist, brown and dark brown, scattered organics . SILK' with Sand; stiff to very stiff, damp to moist, light S-3 brown == S- .# S-5 8.6-Silty CLAY; Stiff, moist, laminated with thin (less than 1 thick) layers finegrained sand, light brown, gray 00 and pink 12.0. 4 �� . ; ELT with and; stiff, ino'st, fight brown, interbedded t. with layers of silty sand up to 4 inches thick) and silty S- #' clay to 12 inches thick)15 5f } q t!E # + + a{a a r f i — 6, r { . # k �;- •;r � 1.711 +Ft F a S- {y F}. F• a�+� • fi �[ M a I L y� H Y S- VVV 30 • # , w #i . Mr • � y Y 5I 1 F S-1 0 '+• 4r r fr Y Installed , Ranch diarneter.P VC.pipe to a depth of 60 feet_fog- periodic grounhvater measurements. Figure 1A PAGE I of 2 CMG Engineering, - w 1 F J Inc. 0 0 4J 0 W 4) 0 44 0. LOGCLIENTR PROJECT G a a! j Ridge Development K Builders, LLC LOCATION: See Site Plan DRILLER: OKeefe 1 il1 nLOGGED METHOD: Hollow -stem PROJECT NO.: -1BORNG DATER f 5 L ATI N R 3,002 ft Y: Joshua Smith GW:5/12/05 GW(2)} B=1 CONTINUED File; 5-144 Granary Rj&.Drvvjqp Date Print : 12/20/ 00i -.-. �." ix z U W �" """, MATERIAL. DESCRIPTION TEST RESULTS Plastic Limit Liquid Limit Water Content 0 (percent) N-values(Blows per foot) 10 20 3040 50 60 70 8 4brown, 45 50 55 -60 65 70 S- S-12 S-13 -1 S-1 tI. I:f .. 4 . €. #= 00 00 ${ 60.1 10 Silty SAND: medium dense, moist, fine grained sand, interbedded layersof silty clay(up to 4 inches thick) Silty CLAY- stiff, moist to very moist, laminated with thin (less than I inch thick) layers of fine gra'd sand, light brown, gray and pink Bottom of Boring.l- I 60.1 t y 1 ,installed 2-inch diameter P VC ,pipe to a depth � f 60feetfor periodic groundwater measurements. figure 1A PAGE 2 of 2 CMG Engineering, Inc; A 44 Q f{� rl A 0 0 13 0 0 .,4 14 +d" 0 fa A 0 0 44 V4 .r4 to BORING LOG PROJECT: Granary id e Development PROJECT NO.:05-144 CLIENT: T# K Builders, LLC LOCATION: See Site Plan DATE:4/27/05 ELEVATION: : 2,999 ft Bm2 DRILLER: O'Keefe DrillingLOGGED Y Joshua Smith METHOD: Hollow -stem . Auger GW GW(2JJ ' _ File, 0 -144 Granarv. 1 icige Dovelopmcnt Da N-in .d_ I V20F 00 - LU -a.MATERNALDESCRIPTIONti TEST RESULTS , LiquidLimit cry . WaterContent 0 (percent) ' -values A (Brows per foot) 0 20 30 40 50 60 0 80 90 S-1 0.0 FfLL: Silt with Sand, medium stiff to stiff, moist, brown and dark brown, scattered oranies S- }' 2.0 Silty SAND; loose to medium dense, damp to moist, fine m w S- t grained sand, brown . ..... IL -f. Silty CLAY, stiff, moist laminated with thin (less than 0,011 OKz I Inch thick) layers of fine grained sand, light brown, gray and pink .' Silty SAND: medium dense, moist, Fine grained sand, +ft brown, interbedded layers of silty clay (up to 4 inches 15 :1: thick) 20 S-8 +Fa fF #+ 23.1 0Silty CLAY; medium stiff to stiff, moist, laminated with z 3 thin (less than 6 inches thick) layers of silty fine grained ' 25 send, light brown, gray and pink 30 k # 5# r k S— 10 ' 7I i i 2 ............. .. Groundwater not encountered' Figure 2A PAGE 1 of 2 CNIG Engineering, Inc. 0 k W 0 .rl 0 44 0 BORING LOG PROJECT: Grana!j Ridge.Development PROJECT NO.: 05-144 CLIENT: TK Builders, LLC LOCATION: See Site Plan DATE:4/27/05 ELEVATION: 2.999 ft B=2 DRILLER: O'Keefe Drilling LOGGED Y: Joshua Bruit CONTINUED MEHollow-stem r GW: GW(2III : Fiic-. 0i-144 G anarvRidge Tk do rnfmL Date Pfi twit 12/20 2005 11 � �" lI��,T�L,DESCRIPTION��i � � TEST RESULTS S t..�r��t � ----_ I Liquid Limit (n Water Content 0 (percent) -values AL (Blows per foot) 10 0 30 40 � S-1 1 3 -40 Bottom n of Boring-2 39.6 ft —45 —50 55 —60 —65 —70 r Gr oundwater not e n c untered Figure 2A PAGE 2 of 2 CIVIG Engineering, Inc. 4-1 O i Vo G A 43 9 0 V4 V 0 A M fd M r. 0 KO 0 4-1 fe 4J 14 4) 04 V4 0 0 44 9 .,4 0) .r4 e BORING LOG PROJECT: Grand Ridge Development PRODECG' 1 .a 05-144 CLIENT:■ TK Builders, LLC LOCATION: See Site Plan DATE: 2 5 ELEVATION: 302 t Bw3 DRILLER: O'Keefe Drilling LOGG E D] Y: Joshua Smith METHOD: Hollow --stern Auger GW, . . GWR_ j.{ �} f f 0 d X z a. � LU,P lA _ MATERIAL DESCRIPTION TEST RESULTS 1 Plastic I�1# Liquid Irr,�t .� +' U) Water Content 0 (percent) -values(Blows per foot) S-1 0.0• . SILK' witb Sand; very stiff, moist, abundant organics, . 5- . r• dark brows T ] l S- + . y SILK` with Sand, very stiff, , moist, light brown r S-3 i r * 5[• 3. f Silty SAND; loose to medium dense, damp, fine grained • { � sand, light brown S-4 6.0,..Xe� Silty CLAY; stiff, moist, laminated with this less than V� inches thicklayers of silty fine grained sand, light S-5 t = brown* gray and pink 1 .3 Bottom m of Boring -3 10.3 t -15 -25 -�4 -30 Groundwater not encountered. Figure 3A PAGE 1 of 1 CMG Engineering, Inc. BORING LOG PROJECT: ECT: r a. a. y Ridge Development PROJECT NO.: -144 CLIENT: TK Builders. LLC LOCATION: See Site Plan ATE: 4 2 ELEVATION: ft B4 DRILLER: O'Keefe Drilling LOGGED BY: Joshua Smith METHOD: 11 Hollow -stem Auger GW: ,mow GW(2r Fki,: 05-144 Qiranary RsdLo D7,vejp €gent Data Feted: 1212000(6 .. .. . ........... rb-P. WW W a. MATERIAL DESCRIPTION BEST RESULTS LimitPlastic Limit ---f Liquid r Water Content 0 (percent) -valuesoI per foot /' 0 0 ( 70 80 90 S-1 j SILT with Sand; stiff, moist, abundant organics, dark 1.2 lrw S` :4 SILK' with Sand; medium stiff to stiff, damp, light brown *' S-4 a Silty CLAY; stiff, mo t, an gnat w' h t 'n (less t an 674 w � 00 inches thick) layers of silty fine grained sand, light F br wn, gray and pink S - —10 1 22k S- 1 -15 # 00 S_ a S k Bottom of Boring -4 20.3 ft 2 —30 35 Groundwater not encountered Figure 4A PAGE 1 of 1 CMG Engineering, Inc. Return to v1nLiert G. Rieger Law office o Vincent G. re er, .C. Meridian Court Kalispell, MT 59901 DECLARATION of COVENANTS, CONDITIONS, RIES RICTIO EASEMENTS AND BYLAWS FOR GRANARY RIDGE TOWNHOUSES 1. Declarant. Granary Ridge, Inc., a Montana corporation (the "Declarant"), is the owner of the real property situated in Flathead County, Montana, more particularly dese bed as follows (the""Real 'roerty"); All the real property shown as Granary Ridge Subdivision, records of Flathead County, Montana. 2* Pumose. The purpose of the Declarant in making this Declaration is to create a townhouse development known as Granary Ridge Townhouses on the Real Property (the GG ro e t95 r "Granary Ridge Towuhol ses"). The I eelararrt farther intends to ensure the attractiveness of the Real Property, including the Townhouses and other Improvements constructed on it; to prevent any future impairment o the Real Property and to guard against the construction on the Real Property or Improvements o improper or unsuitable materials or with improper quality or methods of construction; to protect and enhance the value and amenities of the Project; to provide for the operation, administration, use and ai ter ante of the Common Areas and Common Elements within the Real Property; to preserve, protect and enhance the values and amenities of the Real Property; and to promote the health, safety, and welfare of the owners of the Real Property. 3. im sl lon of Covenants. To accomplish the purposes indicated above, the Declarant hereby declares that from the date of recording this Declaration forward, the Real Property will constitute a Townhouse community, and will be held, sold, and conveyed subject to the following covenants conditions, restrictions and casements (collectively, the "Covenants"). The Covenants will run with the laird and will be binding upon all persons or entities having any right, title, or interest in all or any part of the Real Property (including Declarant) laran.t) and them- heirs, successors, and assigns, and their tenants, employees, guests, and invitees. These Covenants will inure to the benefit of each Owner of the Real Property. . Definitions. The following terms, as used in this Declaration., are defined as follows: a.""Architectural Review Committee"Committeescans the committee frxncd pursuant to Section. 18 to maintain the quality and architectural harmony of improvements 1n Granary Ridge Townhouses. b. "'Articles " o "Articles onc000n " means the Articles of Incorporation of the Granary Ridge Townhouses Homeowners' Association, Inc., a Montana non-profit corporation, which have been filed with the Montana Secretary of State, as such articles may be amended from time to time. C. #`assessments'# means the annual and special assessments levied to meet the estimated cash requirements of the Association. d. "Assessment account " means the bank account established in the name of the Association into which all Assessments will be deposited and from which all Common Expenses will be ,laid. e. "' Association ,I means the granary Ridge Townhouses Homeowners" crs" Association, Inc., a Montana nonprofit corporation, and any successor of that entity by whatever name. f. " .hoard" means the hard of Directors of the Association. 9. "Common .area '� means all of the areas shown as private roadways, parking spaces and common areas, depicted on the recorded plat or survey of Granary Ridge Townhouses, records of Flathead County, Montana and any other property in which the Association owns an interest for the common use, benefit and enjoyment of the Members. b. "Common Elements" means those party walls, common exterior building components, common landscape irrigation system, perimeter fencing, and other Improvements which are reasonably intended to inure to the benefit of all Owners. 1. "'Common Expenses "means the expenses of the Association for the common benefit of all of the Owners and for maintenance, repairs and np radcs to the Common Areas and Common Elements and for administration and overhead of the Association. J. "Declarant " means Granary Ridge, Inc., a Montana corporation. k. "Declaration" means this Declaration n f Covenants, Conditions, Restrictions, Easements and Bylaws. 1. "'Improvement(s) "" means all buildings, parkin; are -as., loading areas, fences, walls, hedges, plantings, lighting, poles, driveways, roads, gates, signs, changes in any exted r color or shape, excavation and all other site word., including, without limitation, grading, utility 2 improvements, removal of trees or plantings, and any new exterior construction or e ter or improvement which may not be included in the foregoing. M. "'Lot "means a parcel of real property designated as a lot on any plat of the Real Property. n, "`Member "means any person or entity holding membership in the Association. o. "Owner" means the owner of record (including Declarant, and including the most recent contract purchaser, but excluding all contract sellers), whether one or more persons or entities of fee simple title to any Lot or, if the Lot is subject to one or more contracts for deed, the owner of the purchaser's interest in the most recent contract for deed, but "Owner" does not mean or refer to any person or entity who holds such interest merely as security for the performance of a. debt or other obligation, including a. mortgage or trust indenture, unless and until such person or entity has acquired fee simple title pursuant to foreclosure or other proceedings. • "Real Property" means and includes the real property described above and subject to this Declaration. q. "Townhouse" " mews a Lot and the Improvements located thereon. 5. Voting. voting shall be based on one vote per Lot. If there is more than one Owner of a Lot, the Owners shall designate their representative by written notice to the Board, signed by all of the owners of the Lot. The total number of votes shall be sixteen (16). If an Owner owns more than one Lot, such owner shall be entitled to one vote for each Lot owned. . ember . Every owner, by virtue of being an Owner, and for so long as he is an Owner, will be a Member of the Association. Membership will be appurtenant to and may .not be separated from ownership of any Lot. No Owner, whether one or more persons, will have more than one membership per Lot owned, but all of the persons owning each. Lot will be entitled to rights of membership and of use and enjoyment appurtenant to such ovnershi. For purposes of voting, the Declarant shall have one vote for each Lot owned by the Declarant. . !eeirr There shall be an annual meeting of the Owners at sueh place and time as is designated in writing by the Board. Unless notified otherwise by the Board, the meeting shall be held on the second Tuesday of October of each year. Notice of the meeting shall be delivered to the owners not less than thirty 3 days nor more than fifty 0 days prior to the date fixed for said meeting. A special meeting of the owners may be called at any reasonable time and place by written notice signed by a majority of the Board or by the owners possessing five votes and delivered to all owners not less than twenty 2 nor more than Forty days prior to the date fixed for said. meeting. The presence of the Owners having a m.ajorty of the total votes at any meeting shall constitute a quorum. Unless otherwise expressly provided herein, any action may be taken at any meeting of the owners upon the affirmative vote of the Owners having a majority of the total votes present at such meeting. 3 . Election of Board of Directors and Officers. At each annual meeting of the Owners, the Owners shall elect the Board for the forthcoming year, consisting of three 3 Directors who shall serve without compensation. Two 2 members or the Board shall constitute a quorum. Except for the initial Board, in order to be eligible to be elected as a Director, a person must be an Owner. At any time any director ceases to be an owner, his membership o the Board shall thereupon terminate. The intended term of office of the Directors shall be for one l year for the first Director elected, two 2 years for the second Director elected and three (3) years for the third Director elected, and the term of office shall hereafter be for three (3) rears. Any Director may be re-elected to serve for an additional term or terms. Vacancies on the Board may be filled by the remaining members thereof provided there are at least two 2 remaining members. Ifthere are less than two remaining members, vacancies must be filled by the Owners in a meeting called for that purpose. Any member of the Board may be removed and a successor elected for the urn -expired portion of his term by a majority of the Owners present at a special meeting called for such purpose. The Board shall act by a majority vote of those present at its meeting where a quorum exists. Meetings may be held and conducted in accordance with such regulations as the Board may adopt. The Board shall elect a President from among its members who shall preside over both its meetings and those of the Owners. The Board shall also elect a Secretary and a Treasurer at each annual Board meeting, which meeting shall be held immediately Following the annual meeting of Owners without any additional notice. The Board may also act without a meeting by unanimous written consent of its members. The initial Board of Directors shall consist of the following three individuals: Paul D. Wachholz Robert J. Nadvomick Thomas Klein 1205 South Main 1205 South Main 1 ' & Main, No Kalispell, MT 59901Kalispell, MT 59901 1" Street East, Suite 20 Kalispell, MT 59901 . Authority f the Board of Directors. The Board shall have the authority to make Assessments and to pay out of the Assessment Account the following expenses which are defined as "Co non. Expenses": a. Exterior painting, exten'or maintenance, landscape maintenance (including lawn care), private roadway and driveway maintenance (including snow removal and asphalt seal coating), and exterior repair of the Common Elements as the Board shall determine necessary and proper. The Board shall have the exclusive right and duty to arrange for such painting, exterior maintenance, landscape maintenance, private roadway and driveway maintenance, and exterior repairs of the Common Elements. b. A policy or policies insuring the Association, the Board and the owners against any liability to the public or to the Owners of the Townhouses and of the Common Areas and Common Elements, and their invitees, or tenants, incident to the ownership and/or use of the Common. Areas, Common Elements and the Townhouses. The limits of the liability insurance shall be not less than $ l ,000,000 for any one occurrence; $3,000,000 aggregate coverage; and $500,000 for property damage (such limits to be reviewed at least annually by the Board and modified in its discretion). GI c. Legal and accounting services necessary or proper for the operation of the Association or enforcement of this Declaration. d. Refuse removal and hauling services. e. Utility and maintenance costs associated with the common landscape irrigation system.. Such system shall he separately metered and shall be maintained by the .Association. Any other materials, supplies, labor, services, maintenance, repairs, structural alterations, capital additions, capital improvements, insurance, taxes or assessments which the Board is required to secure or pay pursuant to theterms of this Declaration or by law or which in its opinion shall be necessary or proper for the operation of the Association, the Townhouses, the Common Areas, or the Common Elements. The Board shall also pay any amount necessary to discharge any lien or encumbrance levied against the Real property or any part thereof which may, in the opinion of the Board, constitute a lien against the Common Areas or Common Elements rather than merely against the interests therein of particular Owners. where one or more Owners are responsible for the existence of such a lien, they shall be jointly and severally liable for the cost of discharging it and any costs incurred by the .hoard by reason of said lien or liens shall be specially Assessed to said owners. . The maintenance and repair of any Townhouse or Improvement thereon, or of the Common Area or the Common Elements, if such maintenance or repair is reasonably necessary in the discretion of the Board to protect the Common Area. or Common Elements or preserve the appearance and value of the Townhouses, and the Owner of said Townhouses has failed or refused to perform said maintenance or repair within such time as determined by the Board after written notice of the necessity of said maintenance or repair delivered by the Board to said Owner; provided, however, that the Board shall levy a special Assessment against such Townhouse nhouse for the cost of said maintenance or repair, since such maintenance and repair is the primary responsibility of the Owner. 10. fommon Exeases Assessments. a. .At least fifteen 15 days prior to the annual meeting of the Owners, the Board shall estimate the amount of the Common Expenses to be paid during such year (including a reasonable provision for contingencies and less any surplus from the prior year s end). If said sung estimated proves inadequate for any reason, including non-payment of any owner's Assessment, the Board may at any time levy a special Assessment to make up the shortfall. Each Owner shall be obligated to pay Assessments to the Association in annual installments on or before the first day of the month following the month of the Assessment, or in such other manner as the Board may designate, and any unpaid .Assessments shall hear interest at the maximum um rate allowed under Montana law until paid. b. When the Board appointed hereunder takes office? it shall determine the estimated Common Expenses for the period commencing on the day the first owner takes possession of his Townhouse through December ber 31, 2006. Assessments for such estimated Common Expenses 5 may be levied against the owners and if levied, shall be parable within fifteen 1 days after such levy, C. Each owner will be responsible for thatOwner's share of the Common Expenses, which will be divided equally among the Lots included in the Project under this Declaration from time to time. Accordingly, at any given time, an Owner"s share of Common Expenses will be determined as a fraction, the numerator of wbieb is the number of Lots owned by the Owner, and the denominator of which will be sixteen. (16), the number of Lots platted and incorporated into the Project, Vacant Lots shall be assessed at the same rate as fuller improved Lots. The Declarant is not exempt from assessments and shall pay assessments based on the number of Lots owned by the Declarant, whether an -built or fuller improved. d.. The omission by the Board, before the expiration of any year, to fix the Assessments hereunder for that or the next year, shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the owner from the obligation to pay the Assessment or any portion thereof for that or any subsequent year, but the Assessment fixed for preceding years shall continue until a new Assessment is fixed. e. No owner may exempt himself from liability or escape liability for the Assessment provided for herein by waiver of the use or enjoyment .t of any of the Common Areas or Common Elements or by abandonment of his or her Townhouse. 11, General Remedies of Association for Nonpayment of Assessment. Any installment of an Assessment which is not paid within 30 days after its flue date will be delinquent. In the event that are installment of an Assessment becomes delinquent, the Association in its sole discretion, may take any or all of the following actions: a. Assess a late charge for each delinquency at uniform rates set by the Board from time to time; b. Charge interest from the date of delinquency at the maximum rate permitted under Montana law; C. Suspend the voting rights of the Owner during any period of delinquency; d. Accelerate all remaining Assessment installments for the fiscal year in question so that unpaid Assessments for the remainder of the fiscal year will be due and payable at once; e. Bring an action at law against any Owner personally obligated to pay the delinquent Assessment charges; f. File a statement of lien with respect of the Lot and foreclose as set Forth in more detail below. The remedies provided under this Declaration will not be exclusive, and the Association may enforce any other remedies to collect. delinquent Assessments as may be provided by law. 6 12. Assessment lien. Any Assessment chargeable to a Lot will constitute a lien on the Lot, effective the due date of the Assessment. To evidence the lien, the .Association may, but will not be obligated to, prepare a written lien statement with respect to the Lot, setting forth the name of the Owner, the legal description of the Lot, the name of the Association, and the delinquent Assessment amounts them owing. Any such statement will be duly signed and acknowledged by a Director of the Association and will be served upon the owner of the Lot by certified mail, return receipt requested, to the address of the Lot or at such other address as the Association may have in its records for the owner. At least ten 1 o days after the Association rnarls the statement t the o ner, the Association may record the lien statementIn the office o the Clerk and Recorder of Flathead County, Montana. Thirty 3) days following the mailing o such notice to the owner, the Association may .proceed to foreclose the lien in the same manner as provided for the foreclosure of mortgages under the statues of the State of Montana. 13. Exclusive Ownership and Possession -by Owner. Each owner shall be entitled to exclusive ownership and possession of his Lot and Improvements thereon. Each owner shall be entitled to an undivided interest in the Common Areas and Common Elements as set forth on the plat on file and of record in the offices of the Flathead County Clerk and Recorder. The percentage of the undivided interest of each owner in the Common Elements shall have a perrnanent character and shall not be altered. The percentage of the undivided interest in the Common Elements shall be deemed to be conveyed, encumbered or released from liens with the Lot and Improvements thereon even though such interest is not expressly mentioned or described in the conveyance or other instrument. Each owner may use the Common Elements in accordance with the purpose for which it is intended without hindering or encroaching upon the lawful rights of the other Owners. 14. Taxes and Assessments. Each owner shall execute such instruments and take such action as may reasonably be specified by the Board and required by law to obtain the separate tax assessment of each Townhouse. If any taxes and/or assessments may, in the opinion of the Board, nevertheless, be a lien on any part of the Common Areas or Common mon Elements, they shall be paid by the Board and shall be assessed by the Board to the owners. Each owner shall be obligated to pay an Assessment by the Board for his pro rata share of any taxes or assessments assessed against the property of the Association, such payment to be made to the Board at least fifteen 15 days prior to delinquency of such tax or assessment. All such taxes and assessments shall be secured by the lien described in paragraphs l I and 12, if such a lien is required. 15, Owes' of l on to Repair and Maintain. Each Owner shall, at the Owner's expense, keep the interior of his Townhouse nhouse and the Improvements thereon in good order, condition and repair and in a clean and sanitary condition and shall undertake all maintenance and repairs and other actions which may at any time be necessary to maintain the good appearance and condition of said owner's Townhouse and Improvements thereon. owners shall be responsible for the maintenance, repair or replacement of any plumbing fixtures, water heaters, Furnaces, lighting fixtures, refrigerators, air conditioning equipment, or other fixtures, and equipment that may be in or connected with same. owners shall also, at the owner"s I1 expense, keep the driveway and parking areas which are appurtenant to their Lot in an orderly, clear, sanitary condition. . Prohibition Against Structural or Cosmetic Changes -by owner. owners shall not, without first obtaining written consent of the Architectural hitectural Review Committee, make or permit to be made any structural alteration, improvement or addition in or to his Townhouse or to the Common area or Common Elements of the Project. Owners shall do no act nor any work that will impair the structural soundness or integrity of the Improvements or safety of the Townhouse without the written consent of the architectural Review Committee, Owners shall not paint or decorate any portion of the eater or of the TOWDhouses or Common Elements. Owners shall not seal coat or otherwise resurface the driveways serving their individual Townhouses. To maintain uniformity throughout the Project, exterior maintenance of the Townhouses, including roofing, painting, driveway seal coating, and any other item visually impacting the Project shall be the responsibility of the Association and shall be deemed a Common Expense. The original landscaping of the Project installed by the Declarant shall not be modified or upgraded without the written approval of the architectural Review Committee. 1 Use Restrictions. The Townhouses anthe Real 'ro ert y will be used only for the purposes set forth in this Declaration and as permitted by the applicable licable regulations of the City of Kalispell, Montana and the laws of the State of Montana and the United States. a. Each Townhouse shall be occupied or used only as a private residence for the Owner and the Owner's family or the owner's lessees, invitees or guests. No Townhouse shall be occupied other than as a single-family residence. b. There shall be no obstruction of the Common Areas or Common Elements and nothing shall be stored in the Common areas or Common Elements without prior written consent of the Board. C. Nothing shall be done or kept in any Townhouse or on any Lot or on the Common Areas or in. the Common Elements which will increase the rate of insurance on any of the Real Property, without the prior wr tten consent of the Board.. No Owner shall permit anything to be clone in his Townhouse or on his Lot or in or on the Common Areas or Common Elements which will result in the cancellation of insurance on any of the Real Property or which would be in violation of any law. d. Other than signs advertising Townhouses for sale or rent, or signs of a type and size approved by the Board displayed to identify the address of a Townhouse, no sign, billboard or advertising structure of any kind shall be erected or maintained on any Lot. e. Television, .radio, satellite dishes, or other antennae are permitted, but the location, height, and size of such antennae must be approved by the Architectural Review Committee. r No trash,, debris or organic waste shall be permitted to accumulate on any Lot or in any roadway adjacent thereto, and shall be promptly disposed of. Trash and refuse cans and receptacles shall be maintained and stored by the owners inside the private garages. The Declarant and the Association shall have the right to fence (including the right to repair existing; fencing) all or a portion of the perm.eter of the Real Property. Fencing on individual Lots is permitted on the following conditions: l . Plans for the proposed fence shall be submitted by the Owner to the Architectural Review Committee. No fencing shall be constructed until approved in writing by the architectural Review Committee. 2. The fenced area shall be located immediately behind the Owner's Townhouse. The fenced area shall be no deeper than sixteen feet l ' and no wider than the owner's Townhouse. 3. Fences shall not exceed four feet (4') in height. . once the architectural Review Committee approves the first fence in the Project, all other fences shall be constructed of the same material and be of uniform height and finish. 5, All landscaping and all landscape irrigation within the fenced area shall become the responsibility of the owner. It shall be the Owner"s responsibility to relocate and/or repair the irrigation system serving the Common areas if such irrigation system is impacted by the fencing of theOwner's Townhouse. h. No Owner shall install a wood burning stove, pellet burning stove or wood burning fireplace in his Townhouse. L No unlicensed, unsightly or inoperative motor -vehicles or equipment, bodies or pans thereof shall at any time be allowed to remain in public view or the vier of the other Owners on any Lot or along the private roadway area or the City of Kalispell streets adjacent to the Real property. . No poultry or other birds (except pet birds kept inside a residence), hogs, or other livestock or animals shall be kept or raised on any Lot. No commercial breeding of animals shall occur on any Lot. However, a total of to dogs, cats or other ordinary household pets may be kept in each Townhouse. all pets are to be leashed, fenced or otherwise confined to the Owner's Townhouse or the Fenced area immediately behind the owner's Townhouse. pets shall not be allowed to roan. No Owner shall have or keep any dog or other animal which barks or whines on a regular or continuous basis, or which otherwise creates an ongoing disturbance for any other Owner. Owners shall immediately clean up and dispose of pet excrement deposited by their pets in the Common areas. Owners shall clean up and dispose of pet excrement deposited y their pets in the fenced area behind the owner's Townhouse on at least a daily basis. The 9 Board may at any time withdraw permission for any ordinary household pet from any owner who violates or abuses the restrictions set forth in this paragraph. k. No noxious or offensive activity shall be carried on in. any Townhouse or on any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the other owners. 1. There shall be no violation of the rues and-regat.ons which shall be established ftom time to time by the Board. The Board shall provide a written copy of the rules and regulations to the owners. M. Nothing shall be done to any 'townhouse or the Improvements thereon, or in., on or to the Common Areas or Common Elements which will impair the structural integrity of the Improvements ents or which would structurally change the Improvements. n. Recreational vehicles, boats or other personal property of a recreational nature shall not be stored or kept outside or on the private driveways or in the off street parting spaces. Visitors in recreational vehicles shall be limited to a stay of one creek. o. No owner shall utilize his or her Lot or driveway as a sports field or court. This prohibition shall include, but not be limited to, basketball hoops or courts, driving ranges, putting greens, badminton, and volleyball courts. 18. Architectural Review Committee. There is hereby established an Architectural Review Committee, which will be responsible for the review and approval of all proposed Improvements vements n the Lots. a. Committee Membership. The Committee will be composed of three ) persons. All of the members of the Committee will be appointed, removed, and replaced by the Board. b. Purpose and General Authority. No Improvement will be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor will any construction, repair or reconstruction be commenced until plans for the Improvements have been approved by the Committee; prodded, however, that Improvements that are completely within a Townhouse and are non-structural may be undertaken without such approval. The Owner shall submit a site plan and elevations shoving the design, location, material, color and exterior finish of proposed Improvements to the Committee. All Improvements will be constructed only in accordance with approved plans. C. Committee Discretion. The Committee will exercise its best judgment to see that all Improvements conform and harmonize with the existing structures as to external design, quality and type of construction, materials, color, location on the Lot, height, grade and finished ground elevation, and the schemes and aesthetic considerations established by the Board and the Committee. The Committee in its sole discretion, may excuse compliance with such requirements as are not necessary or appropriate in specific situations and may permit compliance with different or alternative requirements. 10 d. Binding Effect. The actions of the Committee in the exercise of its discretion by its approval or disapproval of plans and other information submitted to it, or with respect to any other natter before it, will be conclusive and binding on a.11 interested parties. e. Organization and Operation of Committee. l . Term. The term of office of each member of the Committee will be one year, commencing January .l of each year, and continuing until his successor shall have been appointed. Should a Committee member die, retire or become incapacitated, or in the event of a temporary absence of a member, a successor may be appointed by the other members rs of the Committee. 2. Chairman. The chairman will be elected annually from among the members of the Committee by a majority vote of the members. In the absence of a chairman, the party responsible for appointing or electing the chairman may appoint or elect a successor, or if the absence is temporary, an interim chairman. 3. Notice. The Committee chairman will take charge of and conduct all meetings s and will provide for reasonable notice to each member of the Committee r for to any meeting. The notice will set Forth the time and place of the meeting, and notice may be waived by any member. . Quorum and Voting. Two 2 members of the Committee shall constitute a quorum. The affinnative vote of a majority of then embers of the Committee will govern its actions and be the act of the Committee. . Other Requirements. Compliance with the architectural review process is not a substitute for compliance with the City of Kalispell building, zoning and subdivision regulations, and each owner is responsible for obtaining all approvals, licenses, and permits as may be required n'or to commencing construction. . Enforcement. i. Inspection. Any member or authorized consultant of the Architectural Review Committee, or any authorized officer, Director, employee or agent of the association may enter upon any Lot at any reasonable time after notice to the Owner, without being deemed guilty of trespass, in order to inspect Improvements constructed or under construction on the Lot to determine whether the Improvements ents have been or are being built in compliance with the plans and specifications approved by the Architectural Review Committee. ii. Deemed Nuisances. Every violation of a detennination of the Architectural Review Committee is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed for such violation by law or equity against I Member will be applicable. without Bruiting the generality of the Foregoing, this Declaration may be enforced as provided below. (a) Violations, The Committee may adopt a schedule of fines for failure to abide by the Committee determinations including fines for Failure to obtain any required approval From the Committee. (b) Removal ofNonconforming Improvements. The Association may, upon request of the Committee and after reasonable time after notice to the Owner, without being deemed guilty of trespass, remove any Improvement constructed, reconstructed., refinished, altered, or maintained in violation of this Declaration. The Owner of the Improvement ement will immediately reimburse the Association For all expenses incurred in connection with such removal. If the Owner Fails to reimburse the Association within 30 days after the Association gives the owner notice of the expenses, the sum owed to the Association will bear interest at the maximum rate permitted under Montana law from the date the expense was incurred by the Association through the date of reimbursement in Full. 19. Entry, for Repairs. The Board or its agents may enter any Lot or open any Townhouse and the Improvements thereon when necessary in connection with any inspection, repairs or maintenance for which the Board is responsible. Such entry shall be made with as little inconvenience to the occupants as practicable, and any damage caused thereby shall be made with as little inconvenience to the occupants as practicable, and any damage caused thereby shall be repaired by the Board, at the expense of the Association. 20. Indemnification of Board of Directors. Each member of the Board shall be indemnified by the Owners against all expenses and liabilities, including attorneys, Fees, reasonably incurred by or imposed upon hire in connection with any proceeding to which Board member may be a party, or in which he may become involved, by reason of his being or having been a member of the Board, or any settlement thereof, whether or not he is a member of the Board at the time such expenses are incurred, except in such cases wherein the member of the Board is adjudged guilty of willful misfeasance or malfeasance in the performance of his duty. 21. Ies and Re2ulations. The Board may from time to time establish and amend such rules and regulations as is deemed necessary For the management and control of the Townhouses, Lots and Improvements thereon and the Common Areas and the Common Elements, as not otherwise -provided herein and. the Owners agree that the Owner's fights under this instrument shall be in all respects subject to rules and regulations, which rules and regulations as promulgated and amended From time to time shall be considered as part of these Covenants; and the owner agrees to obey all such rules and regulations as the same are or may from time to time be amended and see that the same are faithfully observed by the family, guests, employees, tenants or anyone occupying same under his fight and interest. Such rules and regulations shall uniformly apply to and be binding upon all Owners and occupants. 12 2. Notices. Any notice permitted or required to be delivered as provided herein may he delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered twenty-four . hours after a copy of same has been deposited in the United States rail, postage prepaid, addressed to each such owner, Director or officer at the address given by such person to the Secretary of the ,association for the purpose of service of such notice. Such address may be changed from time to time by notice in writing to the Board. 23. Enforcement. a. Violations Deemed a Nuisance. Every violation of this Declaration is deemed to be a nuisance and is subject to all the remedies provided for the abatement of the violation. La addition, all public and private remedies allowed at law or equity against anyone in violation o these Covenants will be available. b. Compliance. Each Owner or other occupant of any part of the Real Property will comply with the provisions of this Declaration and the Association's rules and regulations. C. Failure Comply. Failure to comply with the terms of this Declaration or the rules and regulations will be grounds for an action to recover damages or for injunctive relief to cause any such violation to be remedied, or both. Reasonable notice will be given to the delinquent party prior to commencing any legal proceedings. d. Who may Enforce. ,any action to enforce these Covenants or the rules and regulations may he brought by the Board in the name of the Association on behalf of the owners. If, after a written request from an aggrieved Owner, none of the foregoing persons or entities commences an enforcement action, then the aggneved owner may bring such an action. e. Nonexclusive Remedies. All the remedies set forth .herein are cumulative and not exclusive. f. No Waiver. The failure of the Board or any aggrieved owner to enforce these Covenants or the rules and regulations in any one or more instances will not be deemed a waiver of the right to do so for any subsequent violations or of the right to enforce the same at any future time. . No Liability. No member of the Board, the Declarant or any owner will be liable to any other Owner for the failure to enforce these Covenants or the rules and regulations. h. Recovery of Costs. If legal assistance is obtained to enforce any of the provisions of this Declaration or the rules and regulations, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement or the restraint of violations, the prevailing party will he entitled to recover all costs incurred by it in such action, including reasonable attorneys" fees (and legal assistant- fees) as may be incurred, or if'suit is brought, as may be determined by the court. 24. Private Road . 13 a. Use ofPrIvate Roadway area. The private roadway area. designated on the recorded plat or survey of the Real Property is designated by this Declaration for the common use, benefit and enjoyment of the owners and their families, tenants, employees, pests and invitees. . Association's Responsibility fog- Private Roadway Area. The Association shall be responsible for the management, maintenance and control of the private roadway area. Such maintenance will include repair and replacement of such pfivate roads, as well as periodic maintenance of the surface and regular snow, ice, and trash removal from the private roadway area. All Owners shall pay to the Association such amounts for road maintenance and repairs, including a reserve for replacement, as may be set from time to time by the Association. C. Association's Agreements R a n Private Roadway ,area. The Association, acting through the Board of Directors, may grant easements, rights -of -way, and licenses through or over the p vate roadway area without the independent approval by the owners. Without limiting the generality of the foregoing, the Association may grant such rights to suppliers o utilities or property adjacent to the Real Property, and to developers or owners of property adjacent to the Real property for the purpose of accommodating minor encroachments onto the private roadway area or other purposes that do not unreasonably interfere with the use and enjoyment of the private roadway area by the Owners. 2 Easements. a. Owner Easements ofAccess and Enjoyment. Every Owner has a perpetual, non- exclusive easement for ingress, egress and utilities to and from his Lot and for the use and enjoyment of the p vate roadway area and all Common Areas, which easement is appurtenant to and will pass with the title to every Lot. b. Easements of Record and o, f Use. The Real property will be subject to all easements shown on any recorded plat or survey and to any other easements of record or of use as of the slate of recordation of this Declaration. C. Utility Easements. There is hereby created an easement upon, across, over, in, and under the private roadway area and the areas designated on the final plat or survey of the Real property as utility easements for the installation, replacement, repair and maintenance of all utilities, including but not limited to water, sewer, gas, telepbone, electrical, television and other communications systems. By virtue of this easement, it will be expressly permissible and proper for the companies providing utility services to install and maintain necessary equipment on and under the private roadway area and the areas designated on the recorded plat or survey of the Real Property as utility easements and to affix and maintain utility pipes, wires, circuits, conduits and other equipment under those areas. d. Reservationfor Construction. Declarant hereby reserves for itself and its successors and assigns and for the Association, a perpetual easement and right-of-way for access over, upon, and across the Real property for construction, utilities, drainage, irrigation, ingress and egress, and for use of the private roadway area. The location of these easements and rights - of -way may be made certain by Declarant or the Association by instruments recorded in Flathead County, Montana. C. Reservation of Easements, Exceptions, and Exclusionsfor Utilities, Infrastructure, and Access. Declarant reserves for itself and its successors and assigns and hereby grants to the Association, acting through the Board of Directors, the concurrent right to establish frorn time to tine, by declaration or otherwise, utility and other easements, permits, or licenses over the private roadway area, for purposes including but not limited to streets, paths, walkways, drainage, recreational areas and parking areas, and to create other reservations, exceptions, and exclusions in the interest of the owners and the .ssociationt f. Maintenance Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the ,association, and any member of the Board of Directors, and their respective officers, agents, employees, and assigns, upon, across, over, in and under the Real Property and a right to make such use of the Real Property as may he necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform. g. Drainage Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, its officers, agents, employees, successors and assigns to enter upon, across, over, in, and under any portion of the Real property for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the Real Property so as to improve the drainage of water. Reasonable efforts will he made to use this easement so as not to disturb the uses of the Owners', the Association and Declarant, as applicable, to the extent possible; to prosecute such drainage work promptly and expeditiously; and to restore any areas affected by such work to a sightly and usable condition as soon as reasonably possible following such work. h. Common Irrigation System. Declarant hereby reserves for itself and its successors and assigns and for the Association', a perpetual easement en.t and right-of-way for access over, upon, and across the Real Property for construction and maintenance of a common landscape irrigation system. Off Street i . Notwithstanding being located on a specific Lot, the off street parking spaces constructed on the Real property that are not past of an owner" s driveway are hereby designated as Common Area and shall be available for use by the owners, their tenants, invitees and guests on a first -cone first -serve basis. Declarant hereby reserves for itself and its successors and assigns and for the Association and for the owners, a perpetual easement and right-of-way for access and parking over and upon the off street parking spaces. Existing Water Well. leclarant's predecessor, has granted the property owners to the South of the Real Property, and their successors and assigns, a perpetual access easement and right-of-way for water lines over, upon, and across a portion of the Leal Property for the maintenance and use of an existing well, pump house, pump, water lines and other components of a water system. The Easement is recorded in the official records of Flathead County at 15 Reception No. 200525213220. Pursuant to the Easement, the parties utilizing the water well and related water distribution system are responsible for the maintenance and utility costs associated therewith. 1. .basements Deemed Created. All conveyances of Lots hereafter made, whether by Declarant or otherwise, will be construed to grant and reserve the easements contained in this Declaration, even though no specific reference to such easements or to this Article appears in the instrument ent for such conveyance. 26. Books and Records. The Board shall maintain accurate and detailed books and records of the Association. The Association will make available for inspection by Owners and their Mortgagees, upon written request, during normal business hours, current copies of the Association's books, records, and financial statements. At the annual meeting of the Owners, the Board shall present a written statement of the Assessment Account, which eternizes receipts and disbursements for the preceding fiscal year and the allocation thereof to each Owner. 27. Remedies Not Exclusive. All remedies provided for herein for the various parties shall not be exclusive of any other remedies which these parties may have as provided for by law. 28. Scvera i i . The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision shall .got affect the validity or enforceability of any other provision hereof: 29. Term. This Declaration and any amendments or supplements hereto will remain in effect from the date of recordation until the 3 thanniversary of the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana. Thereafter these Covenants will be automatically extended for five successive periods of 10 years each, unless otherwise terminated or modified as provided. below. 3 Amendment. This Declaration, on, or any provision of it, may be terminated, extended, modeled or amended, or revoked as to the whole or any portion of the Real Property upon the written consent of Owners holding 7% or more of the votes in the Association. Any document will be immediately effective upon recording in the records of Flathead County, Montana, a copy of such executed and acknowledged by the necessary number of owners, or alternatively, upon the recording in the records of Flathead County, Montana, of a copy of the document together with a certificate signed by are officer of the Association stating that the required number of consents of Owners were obtained. 16 IN WITNESS WHEREOF, the officers of the Declarant have signed this Declaration o the date shown below. DATED this 1 'h day of January, 2006. GRANARY RIDGE, INC. 7."JtL�� Thomas S. Klein, President rf, Paul D. Waehhol , STATE OF MONTANA j ss County of Flathead ) ce-President Robert J. Nad rn. oc , Secretary and 'treasurer This instrument was acknowledged before me on this 1 day of January, ary, 00 , by Thomas S. Klein, President of Granary Ridge, Inc. gotary Public for the State,_4�of M tana Residing at Kalispell, Montana a My commission expires Apr , 2008 STATE OF MONT NA .ss County of Flathead This instrument was acknowledged before me on this 13 th day of January, Zoo , by Paul D. Wachhol , Vice -President of Granary Ridge, Inc. �0 ' G � •• .�,lk Notary Public for the State of Mo ana Residing at Kalispell, Montana &P My commission expires April 1, 2008 STATE of MNN County of Flathead This instrument was acknowledged before me on this 13thday of January, Zoo , by Robert J. Nadvor i k, Secretary and Treasurer of Granary Ridge, hic. G. 5�otaryfor the State t� "�• '� 0- Residing at Kalispell, Montana a '�4j .� .. My commissionexpires April 1, 2008 IN 2006025'/0 SOU I 1� . �1'- By dc� M V� 01 mrslio wow GiE S BY :LA ROBIN50N PATHEAD COUNT NIN PLANNED UNIT DEVELOPMENT AGREEMENT GRANARY RIDGE THIS AGREEMEIV, made as of t eA day of January, 2006, by Granary Rid , Inc., a Montana corporation, Irst Street East, Suite #20 , Kalispell, MT 59901., hereinafter GRANARY AGE,, EX., and the City of Kalispell, a municipal corporation, of 312 1 st Avenue East, Kalispell, Montana 5 9 901, hereinafter CITY; )"NESSEH WHEREAS, S, GRANT RY RIDGE, INC. Is the fee owner of certain real property located in Kalispell, Flathead County, Montana, which is further described as follows: Tract I : Lot 3 of the Amended Flat of Lot 3 of Subdivision No. 150., according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Tract 2; Lot 4 of Subdivision No. 150, according to the map or plat thereof o file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Tract : A tract of land situated, lying and being in the West Half of t. Southwest Quarter WI SWI 4 of Section 32 Township 29 North, Range 2 west '.M.M.', Flathead County, Montana, more particularly described a follows; Commencing at the Southwest Comer of Section 32 Township 29 North, Range 21 West, Q.M.M., Flathead County, Montana; thence North 0'00'05" West, a distance o f 114 7.18 feet to a point; thence East a distance of 239.09 feet to an existing fence post on the Easterly ,W of a 60 Foot Cots Road (old Whitefish Road) and being the True Point of BeoFinningof the tract of land being described; thence North o° 3'2 3 " East, and along the Easterly R/W o f said road., a distance o o.94 feet to a set iron pry; thence North ' '29" East, a distance of 207-52 feet to a set iron pin, thence South 1 °2 t " East, a distance of 207.00 feet to a set iron pin; thence AI's NIED LN T DEVELOPER" S REM N' �T . .Y AGE, INC. Page 1 of 8 2006Q25 IU�u South 9 '29" West a distance of 213-61feet to the Place of Beginning. Certificate of Survey No. 2 3 5 1. and is hereinafter referred to a "Subject Property": and WHEREAS, i) GRANTARY RIDGE, INC. desires to have a Planned Unit Development overlay D upon the subject property currently zoned as RA-1 Love Density Residential Apartment that would allow some flexibility in setbacks, lot coverage and lot size; and WHEREAS, in order to allow the PUD, assure the installation of iri a trueture Improvements within the "SubjectProperty", and prescribe the permitted uses therein, the parties hereto determine it to be in their interests to eater into thi's Development Agreement. . 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. 5008 conditionally approving the preliminary plat of the Granary Ride Townhomes PUD and incorporated fully herein by this reference. § 1.02 Relationship to Zoning Ordinance Except as specifically modified or superseded by this Development Agreement, the laws, 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. § 1.03 Drawings The drawings comprising the Preliminary flat and annexed to this Planned Unit Development Agreement ent are an integral and essential component thereof, and they are incorporated by reference herein. § 1.04 Effectiveness and Cancellation The provisions of this Planned Unit Development Agreement shall become effective immediately and shall terminate upon the issuance of the final building permit for development of the Sect Property, This Development A reer ent may be modified or amended only as set forth In Article IV hereof. ' ACTED UNTIT DEVELOPER'S .GREME TT/G ANA . RD E1 NC, Page 2 of 2006025)05bD § 1.05 Certification Procedure Whenever in this Planned Emit Development Agreement a certificate by the Director of Public Works is required to be given, such certificate shall be given within thirty days of the receipt of a completed application. Such an application shall be deemed to be complete upon receipt o such drawings and narrative information as are reasonably necessary for the issuance of such certification. . 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 infrastructare improvements which may be required y the City of Kaiispell'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. 111, SITE CONDITIONS § 3.01 Public Infrastructure and Easements A. The development of the site shall be in substantial compliance with the application submitted, fitted, the site plan, mater'al s and other specifications as well as any additional conditions associated with the PUD as approved by the city council. That covenants, conditions, and restrictions for the subdivision shall reflect a provision for the maintenance of common areas and the private internal roadway that are proposed for the townhouses. Setbacks for the townhouses accessed via an interior street sail be measured from the edge of the easement and shall be 20 feet in the front and ten feet in the rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. C. At the time of final plat a provision shall be made for the pro-rata share of ownership of the common area for taxation purposes. D. 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. E. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision Regulations with the exception of the roadway as further enumerated erated below. letter shall be obtained stating that they have been reviewed and approved by the Kalispell PLANNED UNIT DEVELOPER'S AGREEMENT/GRANARY AGREEMENT/GRANARYRIDGE, INC. Page 200GO25 (()5DO Public Works Department. The internal road profile shall consist of a 2 -foot wide roadway, two -Foot curb and gutter, a five-foot boulevard on the westem boundary of the access road and a five foot sidewalk adjoining the five foot boulevard. G. That a minimum l o-foot buffer shall be established along the north boundary of the development to provide screening and buffering for the property to the north. This shall be I re the form of berr lr g fencing or landscaping or a combination thereof. These improvements ents are to be coordinated with the Kalispell Public Works Department and the 'arks and Recreation Department. H. The proposed berming and landscaping along Whitefish Stage Road shall be reviewed and approved by the Kalispell Parks and Recreation Department to ensure satisfactory buffering and landscaping. The landscape materials shall consist prlrna.rily of living green plat, grasses and shrubs. The proposed pedestrian access at the northwest corer of the site shall connect with the internal sidewalk and shall be of concrete construction. A crosswalk shall be installed from this pedestrian path across Whitefish Stage Road that is coordinated and approved by the Montana Department of Transportation, Flathead County Road Department and Kalispell Public Works Department. , . That a tern foot right of gray reservation for fat re acquisition for the upgrade of Whitefish Stage Road shall be indicated on the face of the final plat. K. The following requirements er is shall be met per the Kalispell Firer Department: a. Water inains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with r temational 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 Depaftment access shall be provided in accordance with r temational Fire Code (2003)Chapter 5. d. Secondary emergency vehicle access shall be provided in accordance with International Fire Code 2 03 Chapter 5 and Kalispell Subdivision Regulations. e. Hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance o- . Street naming shall be approved by the fire department. r . That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape playa for the placement of trees and landscaping materials within the five-foot landscape boulevard developed between the curb and the sidewalk. M. That the parkland requirement of I I percent of the area in lots, which is 2.13 acres and IS equivalent to 0.2343 of are acre, shall be met through cash in lieu of parkland. The cash irl PLANNED UNIT DEVELOPER'S AGREEMENT/GRANARY RIDGE, rNC. Page 4 of 8 2006025 166Ub lieu of parkland shall be based on $45,000 per acre and is equivalent to $10,544. N. The private rntemal roadway shall be named and signed in accordance with the policies o the Kalispell Public Works s Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. That a rote be placed on the face of the final plat that waives protest to the creation of any special improvement districts for the upgrade of roads in the area to City standards, which may be impacted by this development. P. A geotechnieal study of the slope shall be conducted prior to final plat submittal demonstrating its stability as a building site. Q. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. S . All utilities shall be installed underground. T. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed pr'or to final plat submittal. U. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development.. V. That Preliminary plat approval for the first phase of the pled unit development shall be valid for a period of three years from the date of approval, IV. AMENDMENT OR MODIFICATIONS OF DEVELOPMENT AGREEMENT 4.01 This Development ent Agreement may be amended or modified only, by application of the owner, in accordance with the procedures set forth herein. 4.02 Application for ame. n ment 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 roperty. 4.03 Modifications of this Development Agreement which are d.etennined 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 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. A TNT D UNLIT DEVELOPER'S REEM TT/GRA AR RIDGE, INC. Page 5 of 8 200GO25 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 whether the modification is minor or major. 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 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 ttee 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 5.01 General Requirements 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. . For purposes of this Section, the "'Sec r*ty" required shall be in an amount equal to 25% of the developer's Licensed Engineer's estimate of the cost of constructing said improvements. V . MISCELLANEOUS § 6.01 Effective Date This Agreement shall be effective immediately iately and shall remain in full force and effect until all parcels within the Subject Property are developed or May 16, 2008, whichever occurs first. 6.02 Severabilty In the evert that any provisions ofthis Declaration shall be deemed, decreed., adjudged r determined to be invalid or unlawful by a court of competent Jurisdiction., such provision shall be severable and the remainder of this Areeme.t shall continue to be of full force and effect. PLANNED UNIT DEVELOPER'S AGREEMENT/GRANARY RIDGE, INC. Page 200GO25 lo')� § 6.03 Recordation This Agreement shall be recorded along with. the CC&R' s with respect to the subject property. 6.04 Entire Agreement - rmacy This Agreement constitutes the entire agreement between the parties and may only be amended as set forth herein. In the evert, during the tern of this Agreement, there is a variance between the provisions of this Agreement and the CC&R's, filed with respect to the subject property, this Agreement shall take precedence. § 6.05 Binding Effect This Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and assips. O Dated this � day of January, 2006. GRANARY RIDGE, INTC . y: Tom. Klein,, President CITY of KALISPELL James-'H, Patrick, City Manager STATE OF MONTANA ) ):SS County of Flathead ) n this 9 Vey of January, 2006,. before me, the undersigned, a Notary Public for the State of Montana, personally appeared Tom Klein in his capacity as President of GRANARY AGE, Nc., that executed the foregoing instrument, and acknowledged to me that he executed the same. IN WITNTS S WHEREOF, I have hereunto set my hand and affixed my No tarl al Seal the day and year in this certificate first above written. Notary Public State of Montana � .Residing at My Comm'ss'on Expireago r r * Ow PL Uk, kft;V-, 4MA Page 7 of zoosoz.5 105D 6 STATE OF MONTANA ) )..Ss County of Flathead ) On this o?,S day , 2 cka , before me, a Notary Public in and for the State of Montana, personally appeared AMES , PA RICK, known 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 autl-ion*zed to execute the ,same on behalf of said municipality. fN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written, Notary Public, State of Montana Residing at My Commission Expires LANTNE LN-IT DEVELOPER'S AGREEMENT/GRANARY RIDGE, INC. 'age 8 of 8 �ity of Kalispell Planning Department 11d Street East- Suite 211 , Kalispell;Montana 59901 Telephone, 0 - . 0 Fax:7_51-1858 FWAL PLAT APPLICATION ProjectSubdivision Name: GLARY RIDE Contact Peen: Name: SANDS SURVEYINGINC Address: 2 VILLAGE LOOP KALSWELL2..MT 5990 Phone No.:_755-6481 Cm- atePrehminary Plat Approval: KAY 2, 200o Owner & MaHing Addmss.- GRANARY RIDGE,, INC C!t) TK BURLDERS, LLC $ 1�' KALI3P BTRS�T. ELL,59901 .�., ._., T5a-85" Type of Subdivision* Residential g , �, triCommercial �PUD Other Tom Number of Lots M Subdivision Land in eject (acres) 2, 5 Parkland (acres) Cash -in -Lieu $ $1O 544.4 Exempt T. of Lots by fie: Single Family TownhouseMobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Condamftu'um Multi -Family I Planned 'nit Development Other Legal Descziption of the Propel �TS A`D 4 OF SUBDMSION # 1150 AND ASSESSOR'S RAC'6 SC IN THE SW Y40F SECTION 32T29NR21W,. FILING FEE ATTACHED $--2300*.00- Minor Subdivision mfith approved preliminary plat $400 + $100/lot Major Subdivision With approved prelim i ary pint $650 + $100/lot Subdivisions with Waiver of Preliminary Plat $600 + $100/lot Attached Not Aca 1. UST CHECK Health Certification�al) Title Report rlg[nal, not more than 90 days old) Tax Certification (Property taxes must be paid) , X Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement er t(Attach collateral) .. �._. _ Parkland Cash -in -Lieu Li (Check attached) Maintenance Agreement -XX Plats* I opaque OR 2 mylars 1 mylar copy 1 signed blueline 1 l eh es 4 bluehnes, unsigned IX17 Copy 1 1X17 Copy *1rhe plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of prehmi ary plat approval, and individually state how v each condition has specifically been met. In cases where documentation fs required, such as a engineer's certification, State Department of Health certification, etc # , original letters shall be submitted. Blanket statements stating, for example, gall improvements are in place" are not acceptable., complete final al plat application must be submitted no less than 60 days prior to expiration date f the preliminary plat. When all ' application materials are submitted li ted to the Kaspell � lanning Department, and the staff fds the application is complete, the sty will submit a report to the, governing body. The govermng body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals ma'11. not be accepted and will not be forwarded to the goveming body for approval* Changes to the approved preliminaxy plat may necessitate reconsideration by the planning board. 1 certify that all information submitted is true,, accurate and complete, 1 understand that incomplete i fo mat on will not be accepted and that false information will delay the application and may invalidate any approval.. The sig.mg of this application signifies approval for Kalispell Planning staff to be present on the propefty for route monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision fin94 plat appReations be accompanied with a digital copy. r/- ,sy ,owner(s) Signature ,,..} 4 } F }ate digital copy of the fm plat in a rawing Interchange File XFformat 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 . A tie to either an existing subdivision vision comer or a corner of the public land survey system To the County of -R—EIMNAY SUBFVSIN CERTIFICATE OF TITLE Policy No. 7208926,w 13 0? CHICAGO TITLE INSURANCE COMPANY F. and the City of Kalispell in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing underthe laws ofthe State of Missouri, with its principal office in the City of Chicago, Illinois, and duty authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of natters affecting the title to the real estate described in Schedule A hereof, as of the day of January 1 , at 5 o'clock P.M. , the title to the described real estate was indefeasibly vested in fee simple of record is Granary Ridge Inc, Montana Corporation subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sure of $ 101000..00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. !63y: STEFILING TITLE SERVICES 211 h Main Street Kalispell, M## 9 (4061' 7 ,406 FaxfS A+ "' -� -7907 (ritli) _ FaxA,0 swe f° Ev-malkt info @ e. "- _�' fllbvuom � + F Authorized Sigp(ajory U M AGO TITLE INSURANCIE COMPANY SY. ;70 /V (low"" pyeskka ATTEST Reorder Form No. 9113 (Reprinted 1 /00) PTelimina r Subdivision Certificate of Title For Use In Montana SCHEDULE Page 2 Certificate NO.: 892 -130 Our File No.: CG-43 5 8 Being; the legal descr'latior of the real estate covered by this certificate. The following -described parcels of real estate: A tract of land, situated, ling and being in the West Half of the Southwest Quarter W SW14 of Section 32, Township 29 North, Range 21 West, .M.,M., Flathead County, Montana, and more particularly described as follows: Beginning at the N'W corner of Lot 3 of the Amended Plat of Lot 3, Subdivision No. 150 (records of Flathead County, Montana), to a point on the Easterly right-of-way of Whitefish Stage; thence along the North boundary of said Lot 3, South 89039' 11 "' East, a distance of 205.08 feet to a point; thence North 88 1. 2' 1 "' East, a distance of 98.09 feet to a point on the West boundary of the flat of Glacier Village Greens, Phase VI (records of Flathead County, Montana); thence along said boundary South 0 1 '2 " West, a distance of 2 3 5.46 feet to a point; thence continuing; along said boundary to and along the West boundary of the Plat of Glacier Village Greens, Please (records of Flathead County, Montana) South 03°39' 2"' East, a distance of 138.54 feet to a point; thence South 2 1 '03" "' East, a distance of 9 5.84 feet to a point; thence leaving said boundary South. 890 9'4 "' West, a distance of 342.54 feet to a point on said Easterly fight -of -way of Whitefish Stage; thence along said right-of-way North 00 1 "39"' .fast, a distance of 206.7 1 feet to a point- hence continuing North o '4 '44" East, a distance of 2 5 4.53 feet to the Point of B eginnin . o Be Known s: GRANARY AGE SUBDIVISION Page 3 Certificate No.:7208926-1307 O r File No.: CG- Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions,, liens, charges, taxes (general, special, or inheritance,, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, fight, title, or interest oft e record owners,, which now do exist of record. 1. Property taxes for the second half of the year 2005. (as to a portion) 2. Property taxes including any assessments collected with the taxes, for the year 2006. 3. Reservations in Patents or the acts authorizing the issuance t.erecf, 4. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, s, coal, or other hydrocarbons, sand, gravel or stone, and casement or other rights relating thereto, whether express or implied, recorded or unrecorded. . Delinquent water and sever charges of the City of Kalispell, if any. . Tenus and provisions contained in Agreement regarding waterworks system, recorded July 14, 1906 under 1 ecorder� s Fee #3491, in Book 54,, page 635, records of Flathead County, Montana. 7. Notice of Appropriation of water Right, recorded august 24, 1.936 under Recorder's Fee 2621, in Book 221, page 297, records ofFlathead County, Montana. 8. Easement for transmission line and related purposes granted pacific Power & Light Company, a corporation, recorded May 23, 1973 under Recorder's Fee 53 8, in Boob. 554, page 91, records of Flathead County, Montana, 9. Provisions and conditions contained In Certificate of Approval by the State of Montana Department of Health and Environmental Sciences as attached to Certificate of Survey No, 2351. 10. Easement four transmission line and related purposes granted Pacific power & Light Company, a corporation, recorded December 2, 1.985 as Document 8 33 14170,, records of Flathead County, Montana, 11. Ter-ns and provisions contained in Certificate of Inclusion of Additional "territory, filed March 261, 1986 as Document #8608513410, records of Flathead County, Montana. 12. provisions and conditions contained in Certificate of Approval by the State of Montana Department of Health and Environmental Sciences as attached to the plat of Subdivision No. 150. Page 4 Ceirtificate No,: 72 9 -1 07 Our File No.: CG-43588 13. Shared private limited access approach casement, a 10 foot right-o vay reserve and notes as shown on the plat of Subdivision No. 150. 14. Easement for transmission line and related purposes granted Paci .corp, dba Pacific Power Light Company, recorded November 18, 199 8 as Document # 199 8 3 2209040, records o Flathead County, Montana. 15. Terms and provisions contained In Resolution No. 4488 regarding annexation into the City o Kalispell, Montana, recorded July 21, 1999 as Document # 19 99202 08 040, records o Flathead County, Montana. 16. Terms and provisions contained in Certificate of Inclusion of Additional Territory of Village County Sewer ]C .lstrlct and rules and regulations adopted thereby, filed June 27, 2001 as Document #20 117 0 520, records of Flathead County, Montana. 7, Terms and provisions contained in Resolution No. 4590 regarding annexation into the City o Kalispell, Montana, recorded November 2, 2001 s Document me. t l 9 7, records o Flathead County, Montana. 18, Deed of "gust dated May 1.4, 2004 to secure payment o $750!,000.00, together with interest and any other obligations secured thereby, recorded .may 17, 2004 as Document ment #200413814030, records of Flathead County, Montana. Grantor-, Valley venture, LLC Trustee-, Citizens Title and Escrow Co., .mac. Beneficiary: Glacier Bank as to a portion) Loan 1754268 19. Terms and provisions contained in Resolution No. 5007 regarding annexation into the City of Kalispell., Montana, recorded May 20, 2005 as Document #200514010020, records o Flathead County, Montana. . Terms and provisions contained in Petition to Annex and Notice of Withdrawal from Rural Fire District, :recorded. May 20, 2005 as Document #200514010020, records of Flathead County, Montana. . Terms and provisions contained in 'water Well Easement and Agreement, recorded September 9, 2005 as : oc m nt 20052521322 , records of Flathead County, Montana. 2. Deed of Trust dated September s, 2005 to secure payment of $755, 19.0 , together with interest and any other obligations secured thereby, recorded September 9, 2005 as Document #205252 1.520,, records of Flathead County, Montana. Grantor: Valley venture, LLC Trustee: Citizens Title and Escrow Co., Inc, Beneficiary: Glacier Bank (as to a portion) Loan No.: 1754268 Page 5 Certificate No.: 72 2 -13 7 Our File No,: CG-43588 . A 50 .foot private road and utility easement, a 10 foot utility easement, a 15 foot utility easement a 10 foot by 20 foot parking easement, a 10 foot road. reserve A, a 10 foot road reserve B, a landscape buffer, Notes and Conditions of Approval per City of Kalispell, utility easement eerti ieate and note as shown on the -un eeorded plat of Granary Ridge Subdivision. 24. No search has been made for grater rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. V T nc A REFERES�i'GE To -CELS, NO N D 0 TH 4,E 0 N fS D E A S TO ACCURACY Mo C S TE L N G T i" T Li 4 P V I C E S AS U. I E S C) ES S 0 C C U R R 1 NI G B Y 0 F R t. L 1A, Y 4 i x.wTHzEEIR E 13 N Li G ip 2A- R NS'I.. . E 2A 3Z-Z9-ZI