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5. Final Plat - Mountain Vista Estates Phase 1REPORT T: SUBJECT Cl'ty o f Kal i* sp e'1'1 Planning Department 2 Street east, Suite I., Kafispel 1,.Montana. -59901 Te lephone - ('406) 75 1. - 185; 0 Fax: ) -. 8 Kalispell Mayor and Cif Council Sean Conrad, Senior Planner James H . Patrick, trick, City Manager Final Plat for Mountain Visa. Estates Phase MEETING ATE: June 5, 2006 BACKGROUND: This is a request from Marquardt and Marquardt Surveying for final plat approval of Mountain Vis a. Estates Phase I that plats 41 single- family lots and 18 townhouse lots on approximately 23.4 acres located on the north side of Three Mile Drive. The property can be described as Parcel B o Certificate of Survey No. 16814, located in Section 2, Township 28 North, Range 22 West, .M.M., Flathead County, Montana. The Kalispell City Council approved this subdivision subject to 24 conditions s on February 7, 2005. All of the conditions have been adequately met or otherwise adequately .ddressed. A Subdivision Improvements Agreement (SIB.) along With a letter of credit and cashier's cheek totaling $437,481.38 has been submitted With this plat to address 125 of the cost to install infrastructure including but not limited to the access street, hydrants, storn sewer and dra-inage facilities. The improvements ements are anticipated to be completed by December 2, 200. RWMM N A ' motion to approve the final plat for Mountain Vista Estates Phase I and to accept the Subdivision Improvements Agreement would e in order. FISCAL EFFECTS. Positive impacts once developed. A TERNATPJBS. As suggested by the city council. Sean Conrad James H. Patrick Senior Planner City Manager Report compiled; May 30, 26 Attachments: Letter of transmittal Final plat application and supporting documents Return to: Theresa. White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 APPENDIX SUBDIVISION TVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 5 day of Jung 5 20 ft by and between the CITY C UNCI, CITY OF KALISPELL, M NTANA, Party of the :first Part and hereinafter referred to as the CITY, and Touchstone I IBC. (Name of .developer) a LIMITED LIABILITY PARTNERSHIP .di idual, Company or Corporation) locatedat 1289 N. MERIDIAN RIX KA .ISPELL, T.59901. , (Street Address/P. o. Bo(City, County, state, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WI TNESSE TH: TRAM` WHEREAS, the Developer is the owner and developer of a new subdivision known vn as MOUNTAIN VISTA SUBDIVISION PHASE I , (Name of Subdivision) located at PARCELS A&B OF CERTIFICATE PTCAT o.F SURVEL.-LOCATED IN SECTION TOWNSHIP 28 NORTH RANG WEST P#M.M., FLATEHEAD COU MONTANA (Location of subdivision) and, WHEREAS, the City :has conditioned it's approval of the final plat of MOUNTAIN VISTA SUBDIVISION, PHASE I , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time,, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the Cit 's Subdivision Regulations require that a subdivider shall provide a financial security of 1. 5 of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit Air' and WHEREAS, the estimated total cost of construction of said improvements is the sum of 348,568.29 NOW THERE ORE 1n consideration of the approval of the final plat of said � bdivision b the City, the Developer .hereby agrees as follows: Mountain vista Subdivision., Phase l Subdivision. Improvement Agreement Page I of L The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Couricill., in the amount of _ 3,- R . Said Letter of Credit or other collateral shall have an expiration date of at least sixty days following the date set for completion of the improvements, certifying the .following: a. That the creditor guarantees . ' ' the sum of $ .� 371.0-3 the estimated cost of completing the required improvements in MOUNTAIN VISTA SUBDIVISIO HASE 1 :1 P (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City -immediately, and without farther action, such funds as are necessary to finance the completion of hose improvements up to the limited of credit stated In the letter; . That said required 'improvements shall be fully completed by December 2, 20 06 . That upon completion of the required improvements, ents, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are .in compliance with the minimum standards specified by the City for their construction and that -the Developer warrants said improvements against any and all defects for a period of one 1 year from the date of acceptance of the completion of those 'improvements by the City; c. That the Developer knows of no defects in hose improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, E All applicable fees and surcharges have been paid. o The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvementsl with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. Mountain vista Subdivision, Phase l Subdivision mproveme t Agreement Page 2 of IT S ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, -WITS That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall he released from the Subdivision Improvement Agreement. That if the City determines that a.y 1proe�ents are got constricted In conpll ace with the speel icatlons, It shall �.lsh the Developer'th list of specl.f c de cienc es and may ithhold collateral sufficient to Insure such compliance. If the City deterrnines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the regw.red time Itmits, it may withdraw the collateral. and employ such funds as may be necessary to construct the improvement or improvements In accordance with the specifications. The unused portions of the collateral shall he .retumed to the Developer or the crediting Institution, as is appropriate. IN WITNESS WHEREOF, the .Parties have hereunto set their hands and seals the day and year herein before W-1-Itte .. MOUNTAIN 'VISTA S'U . VIS o 'TOUCHST NEC (Name of Subdivision/Developer/Firm) y (Title) STATE OF MONTAIVA COUNTY OF �-�'�---- on this day of , before me, a Notary Public for the Mate Montana, personally appeared.�r.�..�.. � know. to me to e the . of LL whose name is Subscribed to the foregoing 1 sttument and acknowledged to me that he/she executed the sane. IN WITNESS'WEREo� I have hereunto set nay hand and affixed my Notarial Seal this day and year first above written. of Public for the Mate of o .tana. sl i gat My Commission Exfires y MAYOR,, CITY OF KALISPELL .MAYOR �M1 NC � ::x �'�n -o-'x `� � .��:. ..{>=. °-KG�t,r i-N�x .: 'b.-ryry $ O L tY t{ { ATTEST: CITY CR. Mountain vista Subdivision,, , Phase l Subdivision Improvement t Agreement .t Page 3 of 3 EXHIBIT "A" CERTIFICATION OF WORK TO BE COMPLETED MOUNTAIN TAI VISTA PHASE I Item No_ Description 101 To soil ieorralr�le laceent 102 Excavation I S ubqratde Pere 103 Stabilization Fabric 104 Select Subbase 105 3I4" Crushed Gravel 106 4" ASh al#c Dee€ent 107 Curb & Cutter Il i1f2 ISl-AEln1f P-iF#+4M 109 5* x 4" Concrete Sidewalks I Gravel 110 aF x 6" x 20' Concrete Sidewalks I Gravel SUBTOTAL ITEMS 1e01 - 110 SUBDIVISION ROADS & OVERLOT GRAD Unit Measure Estimated Qua Unit Price Total Pence C.Y. 17,000 $1.68 $28,560 0 C.Y. 94,698 $2.08 $196,971.84 S.Y. 10,449 $1,10 $11,49 .90 +Y- 21821 $16.94 $47.,787.74 C.Y. 1,6.2.E 3 19A2 $31,012,64 .Y. 9,8 $8.76 $86,257.50 L.F. 6,144 $8.06 $49,459.20 4 i ii.1R yw. v+{/i.F �'4Ti+tifAJi3/Zi S.F. 24,920 $3.49 $86,970.80 S.F- 5,800 $4.64 $26,91 .00 $568,686.50 WATER SYSTEM 1#em 1o. Description Unit Measure Estimated (quantity 201 12" Water Maier L,F. 232 O2 8" water Maio L.F. 2,996 G3 12" Gate Vai e#� Boxes k IF -AC 2 0+4 8" Cate Valves & Boxes FEACH 18 205 12i& S" Ductile Iron Fin s EACH 12 206 Box EACH 81t/r TiL7 EACH 69 UBTOTAL ITEMS 01 - ZUT Completed To Date May 26, 2006 Quantity omplete Total Cost Dorn feted 17,000 $28, 60.00 94,598 $196,972,05 10,449 $1-t,493.90 2,821 $47,787.74 .... 1,622 $31,012,64 0 $0,00 6,144 $49,459tj%.20 %J rhin P%O %F 0 $0_00 0 $0.00 $365,285.53 Unit Price Total Price1-cemleted Quantity Total Dust Cow leted $28.21 i $6,; .72 20 s S664.20 19a86 $59,500,56 ` 2,773 $5 ,07"1.78 $'1� $3,8 4.60 , 1 $1,917.30 _917.30 $1,190.20 $17,863.00 14 $1 , 62.80 $483+77 $5,805.24 13 $6,289.01 $3,4'16.40 '27,3 1.20 f 7 $ ,2y48.42 � 7 $+23,914.80 $61�4.38 $36,019.85 $f5 , 117. R 4 2 $139,439,55 SEWER SYSTEM .. _.......... Item No. ........ .. .. _... .. .. -.... Description ...... Unit Measure ...-.... _.-... Estimated Quantity ..... -_. ... .. Unit Price $18a01 -... ...--...�_ Quanta Total Price Corte feted $33,9 0.84 1,786 Total cyst Comeleted $32,165.8 301 8'* Severer Main t._F. 1,884 302 4' Dia . Manholes w/ Ring & Corer 1rA H 1 $1,549.49 $21,44 a37 '12 19,793. 93 4°" Bch. 40 P11'D ewer Services H 39 $623. 7 24,323.13 38 23,699.46 $'I2,300.00 3eE} " 1 DP a Maim LF, 820 $'1 a00 $12,30e0.00 820EJ 305 1 '* DPE Force Main leanout EACH 2 1 5 9.06 ----------- $'1,078.12 1 2 % 2 ia� /f 306 1 eweer Service Assembl ACH 18 $80120 2 $14,439. 0 18 $w14,4 3.60 SUBTOTAL ITEM 01 - 3 107,51 .08 $103,478.92 DRAINAGE & MISCELLANEOUS W3 Item No. Description Drat Measure Estimated) Quantity exit Price Total Price Quanta Completed Total Cost o le#ed 401 8"' PVC Storm Drain I FE L-F. 257 $17-53 $4,605.21 70 $4>733.'10 402 12" PVCStorm Drain I FE L.F. 780 $22.08 � $17,222.40 514 11, 49,12 403 '12F" DRIP Storm Drain f FE t L-F. 0 �_ $19- 2 $0� 00 � $0.00 404 12" RCP Storm Drain/FE L,F. 6€1 $46.08 $2,764,80 $'10,260.€10 ; $2,088.10 € 0 0 0 408 '18" RCP Storm Drain I FE L-F. 206 $50.00 $0.00 $0.00 406 4" CM Stevan Drain 1 FE L.F. 70 $29.83 407 Catch Basin w/ Inlet F . 11 $ 44a 0 $7,087.30 11 $7,087. 0 Forecast D ell #roc#ores F a 2 $'1x1'13.25 $23226.9U 2 $2 228. 0 E41 Pond Outlet Structure EA. 'I $1,445.00 $1,445.00 0 $0.00 f i rap G.Y. 70 $r30.00 $2,100.00 $ ,392. 0 WOO 411 Silt Fence LF 2,779 $3.02 2,77'9 $ ,392.58 412 Tracking Pact Ls. '1 $1,3 9.00 $'1,335.00 1 $�1,335,00 413 Bike Path 16'" base LF 484 1 89 $4,7'86.76 0 $€ ,00 414 Bike Path Mith 6 Bollards/ 12" base LF 484 _$ $13.34 1 ,., $6,456.56 - 0 $0.00 415 Mail Boxes Bases W/ Graved EX 4 $1,200.00 $4,800.00 0 $0.00 0. 416 DBU Mailboxes EA. 11 $1,225.00 $13,47 0 CPL Mailboxes EA. � 4 $►'1,226,00 $�,90 Koj 0 $o-0.00 18 ee in L . 1.00 $2,500.00 $2,600+00 0 $0.00 420 Tra `ic Control 'Traffic m L . 1.60 $750.100 $750.00 $7,600.00 50% $376,00 421 Mobilization LB. 1.€10 $7,600.00 '100% $7,500,00 422 Construction Surveying � L . 1.00 $27,000.00 $27,000.00 85% $22,950.00 42 e# i na SUBTOTAL ITEMS 401 - 423 L 1.00 $1,612.50 $1,512+ 0 85% $1,28 _53 7#234a23 $13. ,097.71 FSIG jNqy Description UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS E3#i Measure: Quantity Unit Price I Total Price Completed To Date May 26, 2006 QuantityTotal Cost Completed Con let d 01 Common Trench , LE 6,360 6_25 $ 8,14O.00 5,279 $ 7,714+75 Street . Conduit Trench n. LE 1I 54 $577.50 $5,500.00, 310Fs'-02� 6 $1,627.50 $6,500.00 03 .3 Phase Vaults EA 5 $ 1,100.00 $4 Single Phase Molts EA 41 $ 726,25 $7, 88.75 11 $7,98&75 605 Light Pole Bases SEC E 18 soo.00 $6,000.00 10 $6 OWOO 506 5" Conduit LE 2,151 $ 8.67 $18,649.17 $1,#I€3.9#3 2,123 $18,4O6.41 $1 5071' Conduit 3�3 5 30' C d l t .7 $ , 3 7, 50 $ 1,9 +40 5 9 " Conduit MLF E8,400+ $'16t90O.€3 -t,17'051 1- Conduit $ 3.'17 $�1,974+9 7(l $1,'17 .90 511 5" Steel or Erbe qj! � ee $ wm $ ,380.00 5 11 2,0t00 $1,636,26 3 512 3" Steel or EI r lass Sees EA a 148J5 $1,190.0 51 " PVC ntee s � EA 1 $ 60.00 $5O.00 2$iGrJ.€t0 514 "* PVC Sv�e EA 120 $ 5Ot013 $5,00€�+� 3 'l�7 $ N3 0,00 61 *" PVC. S ee EA 2261 $ 3&00 $8,588+00 228 $8,664A0 516 Secondary Pedestals EA 34 $ 56%00 1 $1,7OO.00 31 $1,550, 0 517 Bresnan _' I II PI a B resnan Su 1Eed LF 000 $ 2,00 $ ,000.00 1,723 $3,446.00 51 5"* Sleeves forGas C!�m ny t.E 120 $ 8.00 $98 �9 9 $53 ,00 51 4*c Sleeves forGas onm ' L 3 120 $ 00.80 3 5 $1,18 ,04 SUBTQ SAL I EVISEC TILITIES .r''CHEt]€,Il„E E ' 433.10 $130,814.30 Total Construction Completed to Cate $805,250.62 SERVICE COSTS, FEES, ENGINEERING & SURVEYING I Wert No. Description Unit Measure Estimated uantl Unit Price Total Price 3 UANTI � COMPLETED COMPLETED 601 Flathead Electric H1111 U 1 $ 94154,00 $ 106 1.00 1€'D% $941 ,00 602 Northwest EnergyUNIP C ty el SU 1 $ 000.00 $ 32 000.00 1 1O0% ................... .. $g� 000.00 883 UNIP S I $ 64 66,80 $ 64 26S_8O 1 O0% 54,26q.80 604 Er# ineeri �es� � UMV1P SII1 1 $ '112, .16 $ 11 33.1 1000/0 $11 33+'�6 505 E i� C [ tr!lCt O U U 1 $ 55 1'16.63 $ 56 116.63 3 f € $16,834.99 $0_0O 95'Surveying,Le al UII P SU 1 $ .. SUBTOTAL ITEMS 601 - 608 $ 50,457t59 $30 ,4 8. 5 TOT [ BUDGES' TAB. ESTIMATED COST OF CONSTRUCTION AMOUNT COMPLETED PRIOR TO BONDING AMOUNT OF REMAINING WORK PRIOR TO BONDING AMOUNT OF BOND (126 F REMAININGWORK) AMOUNT OF WORK COMPLETED TO DATE PERCENTAGE OF WORK COMPLETED TO DATE AMOUNT OF WORK REMAINING ORIGINAL BOND AMOUNT AMOUNT OF 13OND TO BE RETAINED (125% OF REMAINING WORK) BOND AMOUNT TO BE RELEASED AMOUNT PREWOUSLY RELEASED AMOUNT TO 13E RELEASED AT THIS TIME 1,464,307J6 �..1 115,79.47 . $ 348,588.29 1,115, 739.47 76% 348, 668. 9 $ 435,710.36 $ 435,710+36 $0.00 $4.00 $0.Q## AS PROJECT ENGINEER FOP, THE MOUNTAIN VISTA SUBDIVISION PHASE 1, 1 CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED PLEATED T DATE IS ESTIMATED T BE: + '1,115,7'39.47 THE TOTAL VALUE � E WORK, ORK, SERVICES AND FEES IS ESTIMATED TO BE: $ 348,568.29 SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT F: $ 435,710.36 E:s =1,11 50 =739.4 7 EXHIBIT "All CERTIFICATION WORK TO BE COMPLETED MOUNTAIN VISTA PHASE I SUBDIVISION LOADS & OVERLOT GRADE Completed To Date lunw 7r, innft Item No. Description Unit Estimated Leasure Quan Unit Price Total Price Quantity Cora Ieted Total Cost Completed 10 u. .rb Gutter not completed b the Catch Basins — L.F. '1T 8.0----------------- 1, 1 . 0 +0.00............... TOTAL ESTIMATED COST OF CONSTRUCTION $1,416.80 AMOUNT T M LETED PRIOR TO SON INO AMOUNT OF REMAINING WORK 1,41 .80 AMOUNT OF CASHIERS CHECK (126016 OF REMAINING WORK) 1,771-00 AS PROJECT ENGINEER FOR THE MOUNTAIN VISTA SUBDIVISION PHASE I, 1 CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORT~(. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATE TO BE: $1,416,80 BRETT W LEHE K, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY 12/21200 CONSENT DINE615/2006 BANK BOND � U {: -,f YBV0293 REMITTER A L L ..E. Y SJ�++ . N��ryi.�}} its , -SAT 59aM-0048 112242 3-2-29 DATE0PAY TO 5-26-06 ORDOFM S PUBLIC WORKS � ' } �~ l•Y }[} _ w i7 }? S :. r' Y t4 S _ I :: 7 _J .ALL BANK OF KALISPELL � f CASHIERS. CHECK BY 1 2 2 Q 9. 2-,9..0 2.- 2 9. ? 0 0 2..00.l 0. G. 3.. —at war VALLEY BANK OF KALISPELL May 25, 2006 IRREVOCABLE LETTER OF CREDIT NO. 1266 Beneficiary: Applicant: City of Kalispell Touchstone, LC 32 ls. Avenue East 1289 N, Meridian R, Kalispell, MT 59901 Kalispell, MT 59901 Gentlemen* Valley Bank of Kalispell has es'tablished are irrevocable letter of credit in your favor or at the request of and for the account of Touchstone L.I.C, to the event of Four Hundred Thirty Five Thousand Seven Hundred Ten Dollars & 38/100**($435,714.38) for Mountain Vista Subdivision. Said funds are available by presentation of your sight draft, which clearly specify the "umber of this credit and are drawn in favor of the secured paw cited above, We will honor draft(s) drawn in conformity with the conditions of this credit if presented at our office on or before January 31,, 27, Sincerely,, Valley Bank of Kalispell Gary ason Vice President GMM w l P.O. Box 481, KALISPELL, MT 0 - 4 3 msER FDIC IRREVOCABLE STANDBY LETTER of CR ISSUER: WHITEFISH CREDIT UNION Q BOA( 37 WHITEFISH, MT 59937 Date of Issue: 0--8 Amount: U.S. 4,08 .68 Letter of Credit Number: 147 TWENTY FOU B THOUSAND EIGHTY El BHT AND 681100 U.S. DOLLARS) S For Benefit of: For Account of: Beneficiary Name and Address ApIIeant Name and Address CITY OF KALISPELL DAVID J. WALKER CITY HALL, KALISPELL, MT 59901 1405 WHALEBONE OR ALIS ELL, MT 8 1.7417 LETTER E of CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Utter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft or Drafts, if the maxima number of drawings i greater the one) together with the documents described below. Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under [Issuer tee] Letter of Credit No. fitter of Creditnumber catch [Leiter of Cre&t cue]." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the Draft. This Later of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation carrot be modified by any reference in this Letter of Credit, or any docwnent to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. DRAWINGS. IN Partial drawings shall not be permitted under this letter of Credit. ❑ partial drawings are permitted. The maximum number of drawings that may be made is DOCUMENTS. Each Draft rust be aeco,aed by the following, in original and two copies except as stated: IM '17he original Letter of Credit, together with any amendments. ❑ A sight draft draw. by Beneficiary on Issuer. ❑ A signed statement by Beneficiary including the following statement: ❑ other documents: Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Utter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identify or authority of the person presenting the draft and such documentation. SPECIAL INSTRUCTIONS: RUCT'IONS: EXPIRATION DATE. . This utter of Credit expires at the close of business at Issuer's address at :00 P.M. Time on 1 - 1.8 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. ❑ If Beneficiary has not drawn the full amount of this Letter of Credit prior to the Expiration Bate, the Expiration Date shall be extended for a period of _ days from the Expiration Date, mess Issuer notifies Beneficiary in writing at least days prior to the Expiration Date that Issuer elects not to extend this Letter of Credit. In any event, this Letter of Credit shall expire on without any notice from Issuer to Beneficiary. 001 Bankers Systems, IM, St. Cloud, M N Form LC -STANDBY 1115)2002 f0a o i of 2) Ci*ty of Kali*spell Planning Department 2'0 Street East Suite . , Kalispell, Montana 59901 Telephone: 5 - 1 o Fax* 40- 18 5 Websiw kafispellplanning.com May 30, 200 Names H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 e: Final Plat for Mountain Vista Estates Phase 1 Dear Nair. This is a request for dal plat approval of Mounter Vista Estates Phase 1, a 59 lot residential subdivision comprised of 41 single-family lots and 18 townhouse lots o approximately 23.4 acres located on the north side of Three Mile Dive. Prehminary plat approval for this subdivision was granted by the City Council on February 7, 2005 as a. three phase subdivision. Approximately 76 percent of the improvements have been completed which includes the vrater, sewer, storm gaiter drainage and street sub base work. It should be rioted that a Subdivision Improvements er is greeme .t (SIA) has been submitted with the final plat to address the completion of the rerr ainffi im rover, eats. A total of $437,48 138 was submitted to cover the cost ofthe SI letter of credit 'in the amount $435,710.38 and a cashier's check in the amount nt of $1,771.00) which addresses 12 percent of the remaining work to be completed. e M[PLUNCE WITH CONDITIONS of APPROVAL: Condition No. 1. That the development of the site shall be in substantial . compliance with the application submitted, the site plan, materials and other specifications s s well as any additional conditions associated with the PUD a approved by the city council. (Kalispell Subdivision Regulations, Appendix C Final Plat). This condition is met. The final plat application is for Phase 1 and is in substantial co r phance with the approved reliminar plat. Condition No. 2. That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials an a. letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a. building permit. The developer has submitted a. copy of the .e gn guidelines for the subdivision wish provide for an architectural review committee to comply with this condition. Condition No. 3. That the plans and specifications for aH pubhc infrastructure be designed and installed In accordance with the Kalispell Design and. Constr .coon Standards and a. letter shy be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department, (KalispellSubdivision Regulations, Chapter 3, Design Standards, Section 3. 0 1). This condition is reset. The Public Works Department has approved the plans and specifications for the public infrastructure in a letter to Brett Walcheck of 48 Now Engineering dated dyne 20, 2005. Condition No. 4. That a minimum 20-foot buffer strip shall be established between Three Mile Dave and the subdivision that would. include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements are to be coordinated with the Kc-dis ell public Works Department, Parks and. recreation Department, Flathead. County Road Department and. Montana. Department of Transportation. This condition is met. An -foot bike path is shown on the approved construction plans Within the 2 -Moot buffer 'er strip. The Parks and Recreation Department has approved the placing of trees, 40 feet on center, and seeding of the rernainffig portions of the buffer strip. The developer has submitted funds to the Parrs and recreation Department to cover the east of installing the trees and seeding within the buffer strip as noted in a letter from Mike Baker, Director of the Parks and Recreation Department, dated May 15, 2006. Condition No. S. That a pedestrian trail be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Parrs and Recreation Department. artment. The cost of developing the pedestrian path shall be counted towards the parkland dedication requirements. (Kalispell Site Development Review Committee • The f mall plat application notes that the pedestrian trail will be completed as part of Phase IL Condition No. 6. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.1.1. This condition is met. A letter from the larks and Recreation Director dated. May 15, 2006, approves of the landscaping agreement for the boulevards constructed as part of Phase L Condition No. 7. That the area designated on the plat as "park" shall satisfy in part the requirements ents for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell. Parks and Recreation Director that Provides recreational amenities including but not limed to pedestrian access, irrigation, landscaping and play equipment so as to Provide a recreational component within the development and not simply left as passive open space. Parkland dedication requirements are based upon. 11 Percent of the area in lots. subtracting the required one acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements. The remaining 1. 79 acres can be reset through a. cash equivalent in improvements to the property. Based on a valuation of $18,000 per acre, remaining improvements and or cash in lieu of parkland would be lr the amount of $32,220. (Kalispell Subdivision. Regulations, Section 3.19). The developer has submitted a letter of credit in the amount of $24,088.68 wh .ch equals a. cash in lieu payment of 11% of the land in lots within Phase I based on a valuation of $18,000 per acre. The final Plat application notes that the park for the Mountain Vista Subdivision will be dedicated as part of Phase IL Tie cash in lieu payments made from. Phases I and III will be put towards improvements in the homeowner's park being dedicated as part of Phase IL However, should Phases Il and III never occur, the city has required the letter of credit to insure that the lets platted in Phase I WIll pay the appropriate fees towards parkland. Condition No. . The following requirements rer er is shall be met per the Kalispell Fire Department: Kalispell subdivision Regulations, Section 3.20). . Waiter mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Mirdmum fire flows shall be in accordance with the Inter ational Fire Code 2003 Appendix B. b. Fire hydrants shall be provided per city specifications at Locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code 2003 Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall e provided in accordance with City of Kalispell Ordinance 10- . e. Section E. supportive Documentation, Item (a), Mdicates designation of a .51 acre lot for construction of a future fire station. It should be noted that the minimum lot size acceptable for fire station design is Zoo feet by 200 feet; E It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. The plains have been reviewed by the Kalispell Fire Department. A memo from F. Ray Ru `a.tto, Acting Deputy Fire Marshal, requested several corrections in hydrant locations. Those corrections have been made in the plans approved by the Public Works Department in their letter dated June 20, 2005. Condition No. 9. That the parcel indicated for the fire department substation be increased in size in accordance with the requirements of the Kalispell Fire Department tr eat and be conveyed to the city of Kalispell at no cost to the City at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a. letter shall be obtained from the Kalispell ell Fire Department stating as much as the lot shall l be converted to two lots for single family residential development. 0 The fire station site will be addressed. in Phase III of the subdivision. Condition No. 1. That a. provision be made for a future 60 foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west i the area of the BPA transmission easement along the north boundary. (Kalispell Subdivision Regulations, Section. 3.04). Phase l shoves a 0-foot right of way extending to the property immediately to the east. Future r� ht of way easements will be shown in subsequent phases. Condition No. 11. That a letter be obtained from the Montana Department of Transportation and. Flathead County Road Department stating that the proposed accesses onto Three Mile Drive ive (Farr,. to Market Road) have been reviewed and approved and any associated and necessary it rovemer is have been satisfactorily completed. M o ") The Montana Department of Transportation has required a Traffic Impact Study for the entire subdivision to address any upgrades needed on Three Mile Drive in order to serve the entire subdivision.. The developers hired. Monson and Maierle, Inc. to prepare the traffic impact study which was completed in August of 2005. After reviewing the traffic Tr act study the Highway Department has required a. left t m bad' at the intersection of leaven's Peak Drive and Three Mile Drive as noted in their letter dated January 31, 2006. A subsequent letter dated May 24, 2006 from the Highway Department artment notes that the approach. at 7hree Miler rive and Heaven's Peals give will be approved contingent on approved approach plans. To date, the Highway Department has not approved the approach plans for Heaven's Peals Drive. However, an email received on May 31, 2006 from clay Colby of the Kalispell office of the Montana Department of Transportation stated that the Highway Department will issue approach permits for temporary construction access into Mountain Vista. Estates. The required turn lane and any other conditions that are being designed for Three Mil Dave must be reviewed, approved, and constructed prior to occupancy of any homes. Condition No. 12. The roads within the subdivision shall be named an signed in accordance with the pohcies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shad. be obtained from the Kalispell Public works Department stating the naming and addressing on the final plat have been reviewed and approved Kahl ell Subdivision Regulations, Section 3.09). This con(fitior is reset. The roads are signed r� accordance .a nce with. the KahspeH Public Works Department and. Uniform Traffic Control Devices Manual. A memo from Fred Zavodrry, Kalispell Public Works Department, dated. May 17, 2006 states that he has reviewed and approved of the road names and addressing on the final plat. Condition No. 13. All testing and proposed easements shall be indicated on the face of the final all plat. UWity easements for City gyrator and sewer shall be provided to allow for the logical extension of utilities from this subdivision to ad oinm' properties. A five foot utility easement be placed behind the gh-o way along all lots to allow for the placement of utilities r =*s City sewer and water. The placement of utihties should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall e obtained stating that the required easements are being shown on the ffmal plat. (Kahspefl Public Works Department). • This condition is met. The required easements are shown on the fmal plat and have been reviewed and approved by the Public Works Department per their letter dated. June 20, 2005. Condition No. 14. After the construction and M stallation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed. dun*ng construction. In locations where there is a conflict such as an electrical pad., an offset marketer sl a .l be placed and recorded on the fmal plat. (Kalispell Public Works Department). . delayed staking certificate stating that the pins will be set by December er 31, 2006 is on the face of the final plat. Condition No. 15, The filling of the gravel pit should be coordinated with the City of Kalispell Public Works Department with the appropriate testing erformed and documented. (Kalispell Public works Department). • The gravel pit will be addressed in Phase lll. Condition No. 16. That the covenants is and homeownersby-laws specifically include the required setbacks and other development standards. That a provision be included in the covenants is and by lags that addresses the assessments and maintenance of the common areas including the BPA easement. Additional language be included in the covenants to prohibit the dumping of any lavm clippings, leaves, garbage or other die r s in the BPA casement. That the covenants be corrected to reflect the correct language that relates to this subdivision and e m antes language that refers to the maintenance of private water and or sewage treatment systems. This condition is met. The draft set of conditions,, covenants and restrictions for the subdivision include the requirements is found in condition i. condition No. 17. The developer shall provide a. letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). . letter from the U.S. Postal Service dated November 7, 2005 approves of the proposed mail location for the subdivision. The Central Box Units noted in the letter have been included in the Subdivision Improvement Agreement for Phase L Condition No. 18. Street lighting shall he located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. Kalispell Subdivision Regulations Section 3.0. Street lighting was designed byFlat-head Electric Cooperative to comply with eondifion 18. Condition No. 19. All utilities shall he installed nder ro nd. (Kalispell Subdivision Regulations, Section 3.17). All utilities have or will he placed underground. Condition No. 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall he completed prior to finial plait submittal. mitta.l. Approximately % of the necessary infrastructure as been completed for Phase l as stated in a letter from. Brett Wa.eheel, P. E. of 48 North En ineen*ng. The remaining infrastructure is covered by the Subdivision Improvement Agreement. Condition No. 21. All areas disturbed dun*ng duringdevelopment ent of the subdivision shall be re -vegetated with a. weed -free mix inn ediately after development. All areas disturbed wi be re -vegetated upon final completion of Phase 1. Condition No. 22. A note shall he placed on the face of the final plat which waives protest to the creation of a. special i�.pro ement district for upgraded roads in the area. to City standards which are impacted by this subdivision. This condition is met. The mote is shown on the final plait. Condition No. 23. That a. development agreement he drafted by the Kalispell City Attorney between. the City of Kalispell and the developer outlining and foram ali rig the terns, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, ., shall . constitute the Planned Unit Development PU zoning for the site. This condition is met. The development agreement er t was signed by the developer and Kalispell City Manager on May 23, 2006. Condition No. 24. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval. with are automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). This condition is met. Phase r is filing for final plat n' r to the three year ead hne of February 7, 2008. COMPLIANCE SCE WITH DROVED PREIMNARY PLAT The final plat is in substantial compliance with the preliminary plait which was submitted and. approved. C MEPI)kNCE WITH THE SUBDMSION REGULATIONS: This subdivision plait has been found to be in substantial compliance with the State and city Subdivision Regulations. COMPI)MCE THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and theR-2/PUD zoning designation. All of the conditions reliminary plat approval have been adequately addressed. The staff recommends mends that the Kalispell City Council approve the final plat for this subdivision.. Please rote that the Subdivision Improvements Agreement should be accepted along with the final plat approval. Please schedule this matter for the June 5, 2006 city council agenda if possible. You may call me at 751-1850 if l can be of assistance to you regarding this matter. Sincerely, Sear. Conrad. Senior Planner SC Attachments: 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 blueline of final plat 11 x 17" copy of plat Letter from. 48 North Engineering dated 5/ 21 / 06 Final plat application dated 5/24/06 Letter from MDEQ dated 6 / 3 / 05 Letter from Kalispell Public Works dated 6/20/05 Letter from Kalispell Public Works dated 5/25/05 Letter from Kalispell Fire Department dated 5/31/05 Letter froze. Parks and Rec dated 5i 15/06 Subdivision Improvements Agreement dated 6/5/06 Valley Bank letter of credit dated5/25/06 Treasurer's certification dated 5 23 o Whitefish Credit Union letter of credit for cash m lieu of parkland dated 3 o Title report # H 359182 dated 12 o Consent to Plat letter from. Valley Bark of Kalispell dated 24 / 06 Planned Unit Development Agreement dated 23 o Letter from MOOT dated 2 o5 Letter from MDOT dated 1/31/065 Letter from MDOT dated 5 2 o Copy of the design guidelines, conditions, covenants and restrictions for Mountain Vista. Estates PUD dated May 30, 2006 Copy of the declaration of homeowners associationby-laws of Mountain ista. Estates PUD dated May 30, 2006 c: Touchstone LLC, 1289 N. Meridian Road, KaRs ell MT 59901 Marquardt and Marquardt S rveyi ng Inc., 285 1st Avenue . . , Kalispell M 59901 Theresa. White, Kalispell City Clerk 4 _w` $ ` T R Box 1 • Whitefish, , Montana • ( 0 - 2 1 • 0 - 2-4 7 5ti + M1i 1 j p:t ,C-* .: " " C Er g -9 -1,01 -..n--, h7eler--In 11 Services, May 1 , oo Attn.- Frank Castle City of Kalispell Public Works Department 312 0 Ave. East Kalispell, MT. 59903 REo Final flat Approval for Mountain vista Subdivision Phase Dear Frank: ..s Engineer of record :for Mountain Vista Subdivision,, Lase I � 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 my knowledge. The percentage of work complete to date for Mountain vista Subdivision, Phase 1, is at % Some of the construction items remm'm'ng to be complete include: paving, sidewalks and landscaping. Estimates prepared by this office for the remai�n; construction, ., total $348,568.29 for Mountain vista Subdivisi€ r4 Phase J . Security held at 125% of the remammg construction tom i $43 5,7 10.3 r 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,, ,Ater all work is 10 % complete we will conduct a finial inspection with Kalispell .Public Works prior to acceptance and transfer o ownership. If you .have any questions or require additional in'ormation Tease .feel free to give me a call (406-862-4815). b sincerely, Brett Walc ec , P.E. 48 Nord, P.C. Enclosures: C-I'ty of Kalispell Planning Department 1 - 2 T'd Street East, Suite 211, Kalispell, Montana 59901 Fax-751-1858 FINAL PLAT APPLICATION { 4„ yy ��** }''� r� y } � � S -� moo. .� � Y2 vi►Jo Marc. f + r �i. � *�'°.e:s. . Contact Person: Name: Ack Address: Phone To., Omer & Mailing Address: Date of Preliminary Plat Approval c 6" C' ............. Type of Subdivision: Residential Industrial -Commercial -PIOther Total Number of Lots in Subdivision Land in Project (acres) . _. Parkland klan acres Cash -In -Lief Exempt �- No. of Lots by Type: Single Family ...,`� i Townhouse �� Mobile Homy Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family amily Other Legal Description of e PropertyA1 a t FILING FEE ATTACHED 0 Minor Subdivision with approved preliminary plat $400 + $too / lot Major Subdivision with approved preliminary plat $650 $1 lot Subdivisions with Waiver of Preliminary Plat $ $1 lot S ivi lon Improvements ents Agreement $ so Attached Not Applicable (MUST CHECK 4NE� Health Department Certification (Original) �r Title Report (Original, not more than 90 days old) Tax Certification (Property tomes must be paid) �.! Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) ✓ Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: 1 opaque DR 2 mylars 1 rnylar copy 1 signed blueline 4 blueIines 4 bluelines, unsigned i 1X17 Copy 3. IXJ.i Copy *The Plat must be signed by all owners of record, the surveyor and the examining lard surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state hover each condition has specifically been reset. In cases where documentation is required, such as a engineer's certification, State Department of Health certification, etc., original fetters shall be submitted. Blanket statements stating, for example, "all improvements are in place's are not acceptable. A complete final plat application rust be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, artment, and the staff finds the application is complete, the staff will submit a report to the governing Body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. f certify that all information submitted is true, accurate and complete. f understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development Process. `NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. Owner(s) Signature �4-2 t106 Date *A digital copy of the final plat in a Drawing Interchange ge Fife X format or an AutoCAD fife format, consisting of the following layers: 1. Exterior boundary of subdivision division 2. Lot or park boundaries . Easements . Roads or rights -of -way 5. A. tie to either an ex-Istir g subdivision corner or a corner of the public land survey system 6 V IF May 23, 2006 City of Kalispell Planning Department 17 Second St. East Suite 211 Kalispell, MT 59901 Re: Mountain Vista Estates Phase 1, Sections 2, Township 28 North, Range 22 West, P.M., M., Flathead County, Montana. Enclosed is the Final Plat application for Mountain vista .estates Phase 1. Preliminary plat approval was granted. on February 7, 2005. The conditions of approval have been met as follows: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other speciications as wells as any additional conditions associated with the PUD as approved by the city council. (Kalispell Subdivision. Regulations, Appendix C — Final Plat). This application is for Phase 1, The subdivision is 'n conformance with the approved preliminary plat and PUD as approved by the city council. 2. That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a. letter be submitted to the Kalispell S..Ite Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a. building permit. This item is addressed In the covenants for the subdivision. That the plans and spee.fieations for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section . 1 . Plans and specifications were designed and will be installed per the Kalispell Design and Construction Standards. Please see attached approval letters dated June 20, 2005 from the Kalispell Public Works department, and June 1, 2005 and June 212005 from the department of Environmental Quality. . That a n ire mum 20-foot buffer strip shall be established between Three Mile drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead Counter Road Department and Montana Department of Transportation. The buffer strip is shown on the face of the final plat. The bike and pedestrian trail and buffering are delineated in the construction plan approved by the Kalispell Public Works Department letter dated June 20, Zoo . The buffer strip clots not fall within the jurisdiction of Flathead County Road Department or the Montana department of Transportation. 5. That a pedestrian trail be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Parrs and Recreation Department. The cost of developing the pedestrian path shall be counted towards the parkland dedication requirements. (Kalispell Site Development Review Committee). The pedestrian trail will be developed in Phase 11. 6. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). Enclosed is a letter dated May 15, 200, from Michael Baker, Kalispell Parks and. Recreation Director, approving the landscape plan. '. That the area designated on the plat as "part" shall satisfy in part the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irr gation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Parkland dedication requirements ents are based upon I l percent of the area in lots. Subtracting the required one acre parcel for the fire substation approximately 29.54 acres is in lets generating a need for 3.25 acres in parkland or a combination of parkland with in proven ents to the property. Based on a valuation of $1 o per acre, remaining improvements and or cash in lieu of parkland would be in the amount of S32.220. (Kalispell Subdivision Regulations, Section 3.19). The park is being developed in Phase 11. Phase 11 is expected to be submitted for filing by September Zoo . The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the Internatlonal Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, p .or to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code 2003 Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance l 0-. e. Section E. Supportive Documentation, Ite.m (a), indicates designation of a .51 acre lot for construction of a future fire station. It should be noted that the minimum lot size acceptable for fire station design is Zoo feet by 20 feet. f, It 1s recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. The plans have heen reviewed by the Kalispell Fire Department. All modifications have been addressed as a condition of the Kalispell Public Work Department approval letter Dated June 20, 2005. . That the parcel indicated for the fire department substation be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at no cost to the City at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department stating as much as the lot shall be converted to two lots for single-family residential development. The fire station lot will he addressed in Phase 111. 10. That a provision be made for a future 60 foot right of way easement within the s bd.ivis on that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. (Kalispell Subdivision Regulations, Section 3.04). Mountain vista Drive is shown on the final plat as extending east to the edge of the property for future access to the adjoining parcel# l l . That a letter be obtained from the :Montana Department of Transportation and Flathead County Road Department stating the proposed accesses onto Three Mile Drive F rrn to Market Road. have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. (MDOT) The proposed access onto Three Mlle Drive (Farm to Market Road) has been reviewed and approved by MDOT per the enclosed letters dated April 28, Zoo , January 31, 2006 and February 2, 2006. Any associated and necessary improvements are in the process of being completed. The Flathead County Road Department stated that they do not need to review roads or improvementassociated with this subdivision. 12. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department ent and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09) 'lease see the enclosed letter obtained from Kalispell Public Works Department dated May 17, 2006, approving naming and addressing. 13. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sever shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. Afive- foot utility easement be placed behind the right-of-way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. letter from the Kalispell public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Public Forks Department). . .An approval letter from Kalispell Public Works Department will be forthcoming. We will forward this to you as soon as we received it. 14. After the construction and installation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that right have been disturbed durng construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the final plat. (Kalispell Public Works). delayed staking certificate stating that the pins will he set by December 31, 2006 is on the face of the plat. . The filling of the gravel pit should be coordinated with the City of Kalispell Public Works Department with the appropriate testing performed and documented. (Kalispell Public Works .department). The gravel pit will be addressed in Phase Ill. 16. That the covenants and homeownersby-laws specifically include the required setbacks and other development standards. That a provision be included in the covenants and by laws that addresses the assessments and maintenance of common areas including the BPA easement, Additional language be included in the covenants ants to prohibit the dumping of lawn clippings, leaves, garbage or other debr's in the BPA easement. That the covenants be corrected to reflect the correct language that relates to this subdivision and eliminates language that refers to the maintenance of private water and/or sewage treatment systems. Please see the enclosed covenants. 17, The developer shall provide a letter from the U.S. Postal Service approving the plan for marl service. (Kalispell Subdivision Regulations, Section 3.22). A letter from the USPS Flathead Station dated November 7, 2005 is enclosed. . Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessafily onto adjoining properties. Kalispell Subdivision Regulations Section 3. . Street lighting was designed by Flathead Electric Cooperative, which worked in conjunction with the City of Kalispell for light pole location and standards. 19. All utilities shall be installed underground. Kalispell Subdivision Regulations., Section 3.17. All utilities have been or will be placed underground and are in the Right o Ways or have been granted an easement. 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision. shall he completed prior to final plat submittal. Currently Mountain vista Subdivision Phase I Ys % complete with necessary infrastructure. Please see the enclosed SA and cost analysis. 21. All areas disturbed during development of the subdivision vision shall be re -vegetated with a weed -free mix immediately after development. Upon final completion of the development all disturbed areas will be reveetated. 22, A note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for upgrade of roads in the area to City standards which are impacted by this subdivision. A note has been placed on the face of the final plat. 23. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing in 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 Uf zoning for the site. Please see the copy of the agreement enclosed.. 24. That preliminary plat approval for the first phase of the planned unit development shall be valid for a per'od of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). The plat for the first phase 's being submitted within three years from the date of approval. Ifyou have any question please do not hesitate to call our office. Sincerely, randi J..baton Marquardt & Marquardt Surveying, Inc. Brett W. Walc .ec , .P.E. 48 North, P.C. .o. Box 651 June 3, 2005 Whitefish, MT 59937 RF,: Mountain Vista subdivision, Water & sewer Extensions; EQ# 05-2905 Dear Mr. Wacbeck; Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting & Compliance vision utilizing the certified checklist procedure and Q- . The plans and specitieatio .s are hereby approve. one set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed, Approval is based on plans and specifications received May 26, 2005 under the seal of: Brett W. Wa c ec , ' . . 2PE. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Department that the project ivas inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set. of "as -built" record drawings signed by the project engineer. t is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins, 4"his three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforce -neat action against a public water or sewage system. Please be aware that this project may reed a storm water general Permit. Water Prote.:-Wtion Bureau at o - - o o for more information. Sincerely, e.r Engineer U Lafj ce�,Environ ental Public Water . s ap iy Section Public Water SupplySubdivisions Bureau cc : City of Kalispell, PWD Flathead County Sanitarian File Please contact the Ceniralized Servim Division ° Enforcement Division ° Permitting Compliance Division - Planning, Prevention & Assistance Division # R4omediafion Division UltyIs 11 Publon Wnrks T 111'artmpnt n...v ` Poet Office Box 1997, Kalispell. Mona � m 4 1 -77 , Fay 0-' June 20, 2005 48 North, . C F P.O. Box 651 Whitefish, Montana 59937 Attention: Bret Walcheck, P.E. Fie: Mountain Vista Estates Kalispell, Montana Da r Bret The construction plans and supporting documents for the referenced project are hereby approvers with the following comments: Regarding the placement of private utilities please ensure the project its the following: * There shall be reserved along the front lot line and side street lot line of each residential lot a five foot 5) wide utility easement along, contiguous and adjacent to the lot line to providean area between the sidewalk and easement line for the placement of privately owned underground utilities. No underground utilities, except service sweeps from the utility trench to the street lights, utility boxes, ped's a s, vaults, or transformers shall be placed in the boulevard between the back of curb and sidewalk r within a sidewalk itself. No utility boxes, pedestals, vaults, or transformers shall be placed within the radial extension of an easement, proposes roadway, or access way to any city facility,, Only water, sewer and storm sewers may be placed within the street right -- way. No underground utilities, except service sweeps from the utility trench t the street lights,, utility boxes, pedestals, vaults, or transformers shall be placed in the boulevard between the back of curb and sidewalk or within a sidewalk itself, No aboveground utility bones, vestals, vaults, or transformers shah be placed within the boulevard, the radial extension of are easement, proposed roadway, or access way to any city facility. The fire department has requested that a " Storz adapter shall be placed on the dumper outlet of each dire hydrant for all Future projects. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department. We look forward to working with you on this project. sinter Iyr f { Frank Castles,, RE, Assistant City Engineer Attachment: As Stated City of Kali*spell Publi*c Works Department wwn_: Post -ice Box , Kalispell. Montana ��-. 9" - May 25, 2006 Touchstone, LLC o 48 North, P.C. :, Sox 651 Whitefish, Montana 59937 Attention; Brett wae', P.E. e: Mountain vista mates, Phase I Kafispeli.. Montana Dear Mr. walcheet The City of Kalispell Public Works s Department hereby approves the existing, completed improvements ents except those listed in the Subdivision Improvement 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 receipt of the Subdivision Improvement Agreement, Exhibit 8, which contains the total estimated construction cis plus 25 percent covering the estimated costs for the remaining construction Items* The Subdivision Improvement Agreement, Exhibit B, is certified by Brett Wal hec , #E., to being an accurate accounting of anticipated costs for the remaining improvements. Approval is also based on site visits by public works staff to verify status of construction, o approval is provided on the water dist6bution or sanitary sewer collecUon system at this time. The sanitary sever system and pump station providing service to the referenced project is under construction at this time. The water dist6bution system providing service to the referenced project is under construction at this time. No water meters will be issued for any lots until the sanitary sewer system and pump station is completed and operational. The final plat of the referenced project has been examined and adequate easements are shown for the ky owned ubifty lines. if you have any questons, please do not hesitate to contact this office. singergly, 3 ranCastles, P.E. Assistant City Engineer Cc} man Conrad, Planner Kalispell Planning ice KALISPELL FIRE DEPARTMENT Randy Br hl - Fire Chief Jim Stews - Assistant ChieUPrevention Dee McCloskey — Assistant Chief/Operation 312 First Avenue East Kalispell, Montana 59901 758-7760 FAX: 40 758-7952 T. FRANK CASTLES, ASSISTANT CITY ENGINEER FROW F. RAY RUFFATTO, ACTING DEPUTY FIRE MARSH L DATE: MAY 31 x 2005 SUBJECT.- FIRE HYDRANT LOCATIONS — MOUNTAIN VISTA ESTATES We have reviewed the grater plan for the above -referenced project and have the following com ents: Hydrant Relocates: );�. Lot 3 move to NE corner of Lot 46B );-e Lot 9 move to between Lot - Lot 9-A move to between Lot 51 and the Park Lot 30-31 move to between Lot 29-30 Nov Lot 87 move to NE Lot 141 Lot 96 move to SE comer of Lot 129 Hydrant Additions: );;o Add one hydrant SE Comer of Lot 35 From an operational aspect, it is important the hydrants are installed between the street and sidewalk, at the correct height, and with the steamer port oriented the proper direction. Please contact me if you have any questions. "Assisting our community in reducing, preventing, and mitigating emergencies_ " 35 Ave East — P 0 Box 1 — Kalil Pei I MT 5 9o3-199 Phone: 06Fa: o758-7719 Email: parknrec@kalispell.com May 15, 2006 Marquardt & Marquardt Surveying Inc. 25 .t Ave E. N . Kalispell, MT 59901 Re: Mountain- Vista Estates Phase I Landscaping This latter is to serve as approval of the landscaping agreement submitted and dated May 8, 2006 for Mountain Vista Estates Phase 1. This agreement stipulates that Touchstone LLC (the developers) will pay the city $35,903.16 to complete the planting of 125trees and 30, 59,42 'square feat af boulevard and seeding. In addition boulevard prep and soil placement to meat curb height are the responsibility of the developers, Touchstone LLC.. The city will work with both the developer and omeo hers to coordinate plantings and boulevard work when the majority of bore construction 1s finished and people are living In the subdivision. It has been enjoyable working with you, and we appreciate your thoroughness and attention to detail. If you have any concerns or questions please give me a call. Sincerely, Micha I Baker, Director Cow Tom Jent , Planning Department LANDSCAPING TABULT A.I NS FOR MOUNTAIN VISAS ESTATES PHASE I Number of trees to be purchased calculation is based on 4,997.30 feet divided by 40 Feet = 125 trees Trees rrr...rr....r 25 g $160.00 car rrr••.rrr.•r..•a• a P, $20�,000-00 Tree planting ... 125 @ $I 10.00 ea...... r .... r ..... r .. r r . o.00 'Fetal for purchase and planting trees..... , # , ... $339750.00 Boulevard seeding calculation is based on 30,759.42 sq. feet bl d bik destr ara b `er zone) Seeding . #. * . s .. 0.. 30,759.42 q# ft. * . q. ft = 2,153- . The developers, Touchstone LLC, will do the boulevard prep and place topsoil to meet curb height. Touchstone LLC %Phil Neuharth 1299 North Meridian Kalispell, MT 59901 Phone; 7-9 Prepared b Debbie Shoemaker Marquardt & Marquardt Surveying, Inc. 4� Plat Room Flathead County, Montana 800 S. Main St. lilt MT S9901 (758-5510 This Form is for Subdivisions & Condominiums Only .. MARQUARDT FORA TOUCHSTONE LLC DATE* 'D/0 (Tr, I D I -8-) YEARS tv .� •� _ ..�, � � _ 1 .... .y Ott w•. a. ... ,.. �`y3 \010 ASSESSOR 0623' � a r y.,yr rt «wtr a. ��' � /1k •1T'1 • w`-J5 � ^ � _ i .... 5 � �^ �r }'i� - w �. ,1, is - �r.r � tyr •..,F 4`4' rir +r. ... �: .A.• �a s ,..� ,..r ,��� � a , .,.. � .. �i„� „� .�k etyr,... y�ti•r ••5• ..�...YxJtr+aµ w+ti�i..5•M �wvA rrr<•'f .J.'1}d• a5a••r f "^• r t ..L . .. ..t 1• • • t '•• , ��... "a.. ....�� 4..�.�r.,. ��_xx.r�+�rto♦*w +w �'-•i...��1. �r ��.a r+-... �., +�y'.-,y rw •• � .w.>'.. L.�� .. � .�� ax Y "... v �' � ".i Xav `. � µ i w. A. �. W xx yrrl . ��.. , .. �.. .,r � tx � � � � t a _ M „� ••ti, r � �.. � �.. .Y •. iY' t a55•A•a JJ. a� Y^ rrty.t5 MT k. lk Y5• ..,a+y yay r++ J. •v •_ ..�% � • r �y ^ fr^ r +r r J. 2` ^ t» M •� .. '• � ++ t hereby certify that there are no outstanding saxes on the property assigned the assessor numbers listed move, for the years indicted for each a55@SSOT CtUmbkr. /0"', CONSENT TO PLATTING Pur s art het �- - MCA, the undersigned, VALLEY BANK KALTSPEL , ieia s as recorded July 27, 2005 as Document No. 2005-208-12050, Flathead County, Montana, hereby consent to platting and dedication of lard included in the plat of MoUNIT FN VISTA►.. ESTATES `ES HAS I. IN WITNESS WHERE ,, sald parties have caused their names to be subscribed thereto, o this 24th day of April ........... � 200 6. Valley I)ank of Kalispell Tit e: Via President STATE OF MONTANA ) ss, County ofFlathead This inst-rument was acknowledged before me on �April 24th j 2 + -% by Gary M, Madison., V, , of Valley Bank of Ka is el . 'IWO Not ry Public for the State of � Montana __.__................ Residing at Kalispell My C ommissi.o expires 30 2 0 0 PLANNED UNIT DEVELOPMENT AGREEMENT MOUNTAIN VISTA ESTATES IS A GRE MEN , r. de s of theV � � o b to e V4 � a Montana limited liability company, of 1289 North M t ian Road, Kalispell, MT 59903, hereinafter TOUCHSTONE, and the City of Kalispell, a municipal corporation, of 312 1st Avenue East, Kalispell, Montana 59901, hereinafter CITY; WNESSEH WHEREAS, TOUCHSTONE is the fee owner of certain real property located in Kalispell, Flathead County, Montana, which is further described as Parcels A & B of Certificate Of Survey # 16084 in Section 2, Township 28 North, Range 22 Nest, P.M.M. Flathead County, Montana and is bereinafter referred to as t'sbect Property'; and WHEREAS, i TOUCHSTONE desires to have a Plan-ned Unit Development overlay(PUD) upon the subject property currently zoned as R-2 Single Family Residence that would allow some flexibility in lot sizes, housing types and site configuration; and WHEREAS, in order to allow the 1 1;_Tl , assure the installation of infrastructure improvements within the `Subject Property"', and prescribe the permitted uses therein, the parties hereto determine it to be in their interests to enter into this Development Agreement. . GENERAL INTRODUCTION § 1.01 General The use and development of the Subject Property shall substantially conform o and comply with the provisions of the PUD Application filed by applicant and the conditions contained within Kalispell City Resolution No. 4973 Conditionally approvin.g the preliminary plat of the Mountain Vista. Estates PUD and incorporated fully herein by this reference. PLANNED UNIT DEVELOPER'S A REMENT t UN'A N VISTA ESTATES 'age t of 8 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 goveming 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 Pled Unit Development Agreement are are integral and essential component thereof, and they are incorporated by reference herein~ 1.04 Effectiveness and Cancellation The provisions of this Planned Development Agreement shall become effective immediately and shall terminate upon the issuance of the final building permit for development of the Subject Property. This Development Agreement may be modified or amended only as set forth in Article IV hereof. 1.05 Certification Procedure Whenever in this Planned Unit Development Agreement a certificate by the Director of public Forks is required to be giver, 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 of such drawings and narrative information as are reasonably necessary for the issuance of such Certification. 11. PARCEL DESCRIPTION 2,01 The Subject Property, described in the recitals above, shall be developed with the infrastructure improvements as decbed be] ow. No building permit shall be issued for any of the parcels unless and until all improvements specified n this Agreement as -well as those infrastructure improvements which may be required by the City of Kalispell 's Standards for Design and Construction are either constructed or seeunty provided guaranteeing construct on of said i m r vements for that particular parcel upon which a building permit is requested. . SITE CONDITIONS AND REQUIREMENTS 1. The development of the site shall be in substantial compliance wAb the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council, 2. The development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter shall be submitted to the Kalispell Site PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATE Page 2 of evelopr ent Review Committee ttee from the .Architectural Review Committee of the homeowners association p or to the issuance of a building permit. . The plans and specifications for all public infrastructure shall be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public works Department. 4. A. minimum -Foot buffer st shall be established between Three Mile Drive and the subdivision that will include a bike and pedestrian trail and buffen'ng in the form o berming or landscaping or both. These improvements shall be coordinated with the Kalispell Public works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. . A. pedestrian hail shah be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Parks and Recreation Department. The cost of developing the pedestrian path shall be counted towards the parkland dedication requirements. . A letter shall be obtained from the Kalispell parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. '. he area designated on the plat as `park"" shall satisfy in part the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestn'an access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Parkland dedication requirements are based upon l l percent of the area in lots. Subtracting the required one -acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements. The remaining acres can be met through a cash equivalent i-n improvements to the property. Based on a valuation o 1 ,000 per acre, remainin improvements and or cash in lien of parkland would be in the amount o $32,220. . The following requirements shad be r et per the Kalispell FireDepartment: a. water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code oo Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with Inter atlox al Fire Code (2003)Section 503. PLANNED UNIT DEVELOPER'S AGREEM NTIMtNTAIN VISTA ESTATES Page 3 of 8 d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell ordinance 10-. e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for construction of a future fire station. It should be noted that the minimum lot size acceptable for fire station design is Zoo feet by Zoo feet. f it is recommended that consideration be given to vexation of Three Mile Drive are Fann to Market Road adjacent to the public right-of-way. . The parcel indicated for the fire department substation shall be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at no cost to the City at the time of final plat submittal, If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department ent stating as much as the lot shall be converted to two lots for single family residential development. 10. A provision shall be made for a fature 60 Foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. 11. A letter shall be obtained from the Montana Department of Transportation and Flathead County Road Department ent stating that the proposed accesses onto Three Mile n've (Farm to Market Road) has been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. 12, The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public works Department and the Uniform Traffic Control .devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public works Department stating the naming and addressing on the final plat have been reviewed and approved, 13. All existing and proposed easements shall be indicated on the face of the fmal plat. Utility easements for City water and sewer shall be provided to allow for the logical extension o Futilities from this subdivision to adjoining properties. A five foot utility easement be placed behind the r* ht-o way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public works Department shall be obtained stating that the required easements are being shown on the final plat. 14. After the construction and installation of utilities are completed, the developer shall insure that all propel comers are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as wi electrical pad, an offset marketer shall be placed and recorded on the final plat. 15. The filling of the gravel pit shall be coordinated with the City of Kalispell Public works Department with the appropriate testing performed and documented. PLANNED UNIT DEVELOPER" AGREEMENT/MOUNTAIN VISTA ESTATES Page 4 of 16, The covenants and homeowners by-laws shall specifically include the required setbacks and other development standards. A provision shall be included in the covenants and by laws that addresses the assessments and maintenance of the common areas including the BPA easement. Additional language shall be included in the covenants to prohibit the dumping of any lawn clippings, leaves, garbage or other debris in the BPA easement. The covenants shall be corrected to reflect the correct language that relates to this subdivision and eliminates language that refers to the maintenance of r v to water and/or sewage treatment systems. 17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 1. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. . All utilities shall be installed underground. 20. A nninimum of two-thirds of the necessary 'Infrastructure for this subdivision shall be completed prior to final plat submittal. 21. .All areas disturbed daring development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. . A note shall be placed on the face of the final plat, which waives protest to the creation of a special improvement district for upgrade of roads in the area to City standards, which are impacted by this subdivision. 23. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development l_T zoning for the site. 4. Preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. IV, ,AMENDMENT OR MODIFICATIONS of DEVELOPMENTAGREEMENT 4.01 This Development Agreement may be amended or modified only, by application of the owner, in accordance with the procedures set forth herein. 4.02 ,application for amendment or modification may be made, to the City of Kalispell Site Review Committee,, by any fee owner of a parcel in respect to the Subject Property. 4.03 Modifications of this Development Agreement which are determined by the Site Review Committee to be minor modifications shall require only the consent of the Site Review PLANNED UNIT DEVELOPER'S AGREEMENTIMOUNTAIN VISTA SAES 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 mm' or modifications shall require the approval of the City Council of the City of Kalispell. 4.04 .All applications for modification or amendment of this Development Agreement shall be filed with the Site Review Committee and the Site Review Committee shall promptly determine 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 15 days after it determines the application to be subject to said minor modification. 4.06 If the amendment or modification requested is of such a mature as to require approval of the City Council, the Site Review Committee shall refer the ratter to the City Council within fifteen 5 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 . No building permit ion respect to the building in any structure shall he 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 su�bstantiall conform to the Site Condition requirements contained in this Agreement ent and that said improvements have been constructed or security guaranteeing the construction has been received by the City. 11, For purposes of this Section, the "Security" required shall he in are amount equal to 125% of the developer's Licensed Engineer's estimate of the cost of constructing said improvements. VI. MISCELLANEOUS § 6.01 Effective Date This Agreement shall be effective immediately and shall remain in fill force and effect until all parcels within the Subject Property are developed or August 15, Zoo , whichever occurs first. 6.02 Seera�lity In the event that any provisions of this Declaration shall be deemed., decreed, adjudged or determined to he invalid or unla fal by a court of competent Jun'sdietion, such provision shall be severable and the remainder of this Agreement shall continue to be of fall force and effect. PLANNED UNIT Vo ' .' S AGE M NTMoUNAIN VISTA ESTATES Page 6 of 6.03 Recordatioll This Agreement shall be recorded along with the CCNR's with respect to the subject property. .04 Entire Agreer erit - Primacy This Agreement t constitutes the entire agreement between the parties and may only be amended as set Forth herein. In the event, during the term of this Agreement, there is a variance between the provisions of this Agreement and the CCNR' , 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 assignS. Dated th1 Z41 day of May, 2006. TOUCHSTONE, LLC by: Managing Member CY of KASL �.57� Ja m'eVH. Patrick, -ity Manager PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES 'age STATE OF MONTANA ) ):SS County of Flathead ) On this Z4 day of May, Zoo , before nee, the ndersiged, a Notary Public for the State of Montana personally appearedDA-V1D_J,..O .,VR, managing member o Touchstone, LLC, that executed the foregoing instrument, and acknowledged to one that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed nay Notarial &xal the day and year in this certificate first above written. Notary P lic, State o Montana Residing at � ,lob � M O YI �" YI I>>y Commission Expires STATE OF MONTANA ) ):SS County of Flathead ) On this ,2day of , 2 � , before me, a Notary Public in and for the State of Montana, personally appeare AM S H. PATRICK, known to me to be the City Manager of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein set forth, and that e was duly authocd to execute the sane on behalf of said municipality. INTWITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above rr' tt n. Notary Publi State o ontana Residing at J=a,'«�s��\ My Commis sipn Expires lcf) PLANNED UNIT DEVELOPER" S AGREEMENT/MOUNTAIN VISTA ESTATES 'age 8 of 8 Mon a Department or'Transporter ion . . .... .............. ........:.... ............v....... ...... ..... ...........................r............................. ........ ......................................................................... ..Y April 2, oo Brett Waiehe k, P.E. 48 North Civil Engl eer g Ser6ces R O. Box 651 Whitefish, MT 59937 Subject: Iou tam vista Estates - Kalis ell We have reVieNved the prei mMary information ation for the proposed Mountain Vista estates subdivision. In order for the Montana Department e .t. of Transportation (NID71) to grant access to Secondary Highway 424 we must be proVided With a Traffic Impact Stud- (TIS) for the development and a complete on and off site plan. The TIS should show current traffic conditions and the anticipated changes i those conditions at the completion of the development. If the development wffl be phased, the changes in the traffic conditions should be included for each phase of dev elopment. If rn tigatio measures t the highway Vstem are necessary. they should also be included as recommendations in the TI . We iU evaluate Possible impacts to the h'( h� a , s xste and deter. .e what, i an r, r tigation measures may be necessary. Enclosed for referenceis a copy of chapter ` rt - one, "Traffic Impact Studies'', of the Montana Traffic Enoeering Manual. The Transportation Planning Divisionwill be the point of contact for MDT on this type o development and request for access. F his division Will manage the internal review process and e,sure the appropriate district and headquarters staff is involvd throughout. Correspondence, review material, and requests for r eet gs should be directed to me at (406) 4 4 Dan �ar ' , Planner Program & Policy A al rsis Bureau Rai., Transit and Planning Division copies: Dwane Kailey l..E., Acting Missoula District trict Administrator Sandra Straehl. Rail, , Transit and Plantillig Div, , i ion AdiTunistrator Stevie Herzog;, P.E., area Maintenance l �noeer - Is's'alis e.11 Danielle Bolan., P.E., Traffic Eng eer JamesFrevholt , fl.i oula i rict Tra f"�c Fr gineer Clay Y Colby.-, Maintenance Superintendent - Kalispell Prografn & Policy Analysis Bureau - � ..-.. , .. #Y. ° . y :Rail, Transit and Plannin_q Divisioli hope. 0 4 4- TTY- 0 .3.3 59 Fax: 1 Web Page: www. mdt.sttate. mt us w M ngxDqpqjment of TrajVqrtat�on��w w_Jim Lynch, Director servlWyujumdMprld 1 Prospect Avenue BrianSchweitzer, Govemor PO Box 20 1001 Helena MT 59620- 1001 January 31, 2006 Phiffip J. Forb e s, P . E . Morrison Maiere, Inc. P.O. Box 6147 Helena, Montana 59604 S e t: Mo ta:-m vista l-,states & Spring Creek Estates Subdivisions We have reviewed the revised Traffic Impact Study (TIS) submitted for the Mountain Vista Estates and Spring Creek Estates Subdivisions .located off of Secondary Highway way 2 outside of Kalispell and we have the following comments: • A left tum bay shoiAd be installed at the Heaven's Peak approach. M the eastbound direction. Because Heaven's Peak Drive continues on both sides of S-424,, it needs to have left turn lanes -in both the E and W directions at this location. • We agree with the placement of the other Left Turn lanes at Mountain Vista Drive and Heaven's Peak Drive as discussed in the revised TIS. A set of plans for the left turn hays will need to be s rr tte l to MDT for review. Please show all existing approaches on the plans. We concur with the AM and ISM trip distributions and analysis as shown in the revised TIS. We also agree with using the S-BUS- o as the design vehicle for all approaches. The internal road structure of the subdivision iU need to have adequate space for school bus pick up and tern around near the to sectio with S-424 and Heaven's Peak l ve. The school bus must he able to pull off S-424 and have room enough to tin around after picking up passengers and return to S-424. This needs to be the case for both the Mo .t m Vista and Spring Creek Subdivisions. If you have any questions, please give rne a call at 06) 444-6303. Dan Marti, Planner Program and l o cy Analysis Bureau Rai, Transit and llannm*g Division codes: Dwane KaiJey, RE., Missoula District Administrator Sandra Straehl, Rail, Transit and Planning Division Adhiinistrator Stephen Herzog, RE., Area Maintenance Engineer —1-.' alis elll Danielle Bolas., P.E., Traffic Egxeer .a . y Boysen, Traffic & Safety Bureau James . rey .oit , Acting Missoula District Traffic Engineer Program Policy Analysis Buredu An Equal Opportunity Employer Rail, TransIt and Planning Division Fax: 71 webPage.• WWW.Mdt5t,3te.MtUr 4/2006 11:43 4064447671 MDT PLANNING DIV PAGE02/03 2701 ProspeCf Averwe car-# Schweitzer, Govemor PO Box 20700 1 May 2, 2006 Phil Neuharth Touchstonc LLC 1289 North Meridian Kalispell, Mbntaiaa 59901 Subject: Mountain Vista Subdivision - Kali 1. The Mountain Vista Subdivision Dv oporare ar mg two approach permits from the Montana Depadment of TTansportation (MDT) for access to Secondary 424 along the highway frontage owned by Touchstone, LC Oxie approachis pled at Heavens � along Three Mile Drive the second would br. Mo-antain vista Way fmlcring Farm to Market Rosa. Approval of these two approach permits by MDT will be Contingent upon the following: Both approaches will be designed to accommodate the traffio and vchicle des expected for this development. We have -reviewed the Traffic Impact Stay and, ill faced to review and approve design, plans for both approaches, A loft wm lane for eastbound traffic on Seconder 424 (Three Mile eve) at Heavens Peak is required. All geometric, a. Z and striping designs must meet �T requiremetits. `h developers must meet all' trafficcontrol requirements ice. addition to any other conditions required the Npartment's Kalispell Area Maintenance,, n.66eer' All necessary uti fity pennits must be requested, reviewed and approved by the �M" Missoula. District, The NMT Kalispell Area Office must be contacted at (406) 751-2000 prior t entering MDT right--v. If you have any questions please contact me at (406) 444-6303. Pmr ytm & Pacy Ana4Ws Smou An C-f Opportunity Emptoy bail. Tt nI# md oj?mN Diviabn Phone. (40) 343, TT , ( 0 Fax. f4o&)444-767f W b Pa: www. mdr.stale, mr,vt 0 4 0 06 11: 43 4064447671 MDT PLANNING DI `AGE 0 3 Phil .North May 24, 2006 Page 2 of 2 Dan M . Planner Program & Policy Analysis Bureau Rail, Transit�. 1 " �S Division copies Dwane Kai. y, P.E.y Missoula District AdministTator Sandm Straebl, Rail, Transit atid Planm'ng Division. Administrator Steve =, F.E,, Area Maintenance EOmr Kalispell Dam'elle Bolan, -E, Traffic Engdncer Stag. Bream, P.E., Traffic and Safety Bureau Glen Lamm , Missoula District Tyr Engineer DECLARATION of DESIGN GUIDELINES, CONDITIONS, COVENANTS AND RESTRICTIONS FOR MOUNTAIN VISTA ESTATES PUD THIS DECLARATION is made this -34' � day of WIn 2006, by the undersigned, Touchstone., ITC. 1289 N. Meridian Road, kalispell, MT 59901. Whereas, the undersigned is the owner of certain real property known as Mountain Vista Estates, according to the recorded plat thereof on file and of recording with office of the Clerk and Recorder of Flathead County, Montana. Mountain Vista Estates is a subdivision located in the SW 1 S2 T28N R22., '.M.M., to be part of the Hone Owners Association and subject to these guidelines, conditions, covenants and restrictions as described herein and administered by the DECLARATION OF HOMEOWNERS ASSOCIATION BY-LAWSOFMOUNTAIN VISTA ESTATES UD. THE HOMEOWNERS ASSOCIATION: The Homeowners association shall be responsible for the care and maintenance of the common properties and each homeowner" s use of the connnon properties will be governed by such rules as adopted by the Association. Touchstone, LLC shall establish a checking account on behalf of the Homeowner's Association. Assessments shall be $50.00 per lot per year, due January I of each year beginning in Zoo . For the poses of naintainin and caring for these common properties, the Board of Directors may make reasonable annual assessments to the lot owners and such assessment may be collected in a snit subject to the provisions stated below for enforcement of covenants and may become alien upon the land by filing by the Board of Directors of a lien which shall describe the lot, state the amount of the assessment that has not been paid, and when it was assessed* A lot owner whose lot is subject to such a lien must pay the assessment costs before the lien is released. This lien may also be foreclosed in the manner o foreclosure for mortgages with the prevailing party entitled to attorney fees. Common properties as used herein shall include designated parkland. Lot owners are encouraged to remain active members of this Association. Each lot owner is a member of the association by virtue of their acquisition of the lot. Lot assessments .may be adjusted by a majority of lot owners if deemed necessary by the Homeowner" s Association. NOW THEREFORR, Touchstone, LLC, herein referred to as the Declarant, being the owner of all the real property know. as Mountain Vista Estates, according to the plat thereof on file and o record in the office of the Clerk and Recorder of Flathead County, Montana, hereby declares that the said real property is, and shall be held, transferred, sold and conveyed, subjected to the design guidelines, conditions, covenants and restrictions hereafter set forth. All persons or corporations who shall hereinafter acquire any interest in the above described property shall be taken and held to agree and covenant with the owner of the lots in said subdivision and with their heirs, successors, and assignees, to eor orm- to and observe the following conditions, covenants and restrictions as to the use thereof and as the construction of dwellings and improvements thereon. Each owner is responsible for complying with and meeting the spirit and intent of the criteria of the guidelines, conditions, covenants and restrictions which are designed to provide a uniform plan for the development of the whole of said subdivision.. 1. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than the one detached single family dwelling with not less than a to car garage, or a townhouse, on the approved townhouse lots, not to exceed two stories, plus basement, in height, not to exceed 3 ft. and a private garage for not less than one car. However, the foregoing provisions shall not be interpreted to exclude construction of a private greenhouse, garden shed, private swimming pool, or shelter facilities, or port for the protection of such swimming pool, or other recreational facilities, or for the storage of a boat and/or a camping trailer kept for personal use, provided the location of such structures are i conformity with the applicable municipal regulations, and are compatible *in design and decoration with the residence constructed on such lot. 2. The min floor area of the single family dwelling structure, exclusive o basement, open or screened porches and attached garages, shall be no less than 1400 square ,feet for a dwelling of one story (1200 square feet for Phases 11 & or 1500 square feet for a delln.g of to stories. Split level/multi-level dwellings shall contain a minimum floor area of 1800 square feet, with all levels, exclusive of garage area within the dwelling unity, included In computation of footage for such dwellings. Townhouse dwelling structures, exclusive of basement, open or screened porches and attached garages, shall be not less than 1200 total square feet. 3. All structures, appurtenances and setbacks shall comply with City of Kalispell R- 2 zoning with a PUD overlay. Front, rear and side corner setbacks are 20 feet, side setbacks are 5 feet. Percent of lot coverage is 5 . Lot coverage is defined s the total area of a lot covered by the principal and accessory buildings, or structures M lud ng any area occupied by overhangs or roofs and any attachment to a building or structure, but excluding a open decks less than 30 inches in height. (measured from grade to top or the platform) ; and b an cave extending up to two feet from the exterior gall of the building or structure. . Each owner of a lot within the subdivision shall construct a concrete driveway from street to garage prior to occupancy of the dwelling. There after the owner shall maintain and repair their driveway. Structures shall be guttered and the run off water shall be retained on site. 5. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, including but not limited to skateboard ramps, in or adjacent to, any of the streets. . No structure of a temporary character, trailer, basement, tent, shad, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or p rn an ntly. No sign of any .find shall be displayed to the public view on any lot except one professional sign, not more than five square feet, advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sale period. An appropriate entrance sign is excepted here from. 8. No animals, livestock or poultry of any .find shall be raised, bred, or kept on any lot; other usual household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose, and provided that they are not permitted to cause damage, constitute a nuisance, or run at large in the neighborhood. 9. No house trailer, camper, boat or trailer of any type shall be stored or parked in the front yard or driveway portion of any lot, or on any street within the subdivision; such storage area must be behind adjacent building line. . No building shall be erected, placed, or altered on any lot until the construction plans and specifications, and a plan shoving the location of the structure, have been approved by the Architectural Control Co unittee, as defined below, as to quality o workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than . the building setback line, unless similarly approved. i . The Architectural Control Committee shall initially consist o 2 persons ns designed by the undersigned("Initial Corfunittee". Lon the erection and completion of family dwellings, intended for separate occupancy and ownership, o all of lots within the subdivision, the Initial Committee shall to m control of the .Architectural Control Committee over to the residents of Mountain Vista Estates J , whereupon a majority of the residents shall appoint members from withm the subdivision. All appointed members from the subdivision shall serve a 1. year term. Ln the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor for the balance f that member's term. The .members committee shall not be entitled to any compensation for services performed pursuant to this covenant. The committee's approval or disapproval as required in these covenants .ts shall be in writing. In the event the committee fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or ire any evert, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not he required and the related covenants shall he deemed to have been fully complied with.. The Architectural Control Conunittee will approve plans and placement o house on each lot at them- own discretion and will not be responsible, or liable in any event i, in the course of decisions, a house should block a portion of all of another' s view, or of any other dispute that may arise form the committee" s decisions, 12, Approved projects mast be completed within months after issuance of a building permit. Failure to complete work within the prescribed time will cause fe approval to be rescinded and res .bmittal will be required. The Architectural Control Connnxttee may grant an extension under extenuating circumstances brought to its attention. 13. Regarding the physical structure i.e. family dwelling and fencing itself, the following will apply: Roof: The roofing shall be composition material, or better, with a minimum 20 -year warranty. Siding: Siding must be applied over the sheeting of a framed wall. Any application of vinyl siding shall be approved by Architectural Control Committee i.e. colors, specifications, etc.. If the front elevation is gabled, the gable siding must contrast with the body siding. Fencing: All feneln shall conform to city standards regarding height. Painting: All house colors must he approved by the Architectural Control Committee. 14. Trees and shrubs or landscaping of any kind will he kept neat and orderly. The front yard landscaping of each lot must he completed within four months from the date of completion of a family dwelling structure constructed thereon or prior t occupancy, whichever event shall first occur. 1n the event of undue hardship due to weather conditions, this provision may he extended upon written request to the Architectural Control Committee. 15, All vacant lots and lots with partially constructed improvements shall be kept clear of any construction debris. Weeds and grass shall be kept mowed and not allowed to grog to a height of more than six 6 inches. No trash, garbage or lawn clippings/yard waste shall be placed at any time within the BPA easement. 16. No lot shall he used or .maintained as a dumping ground. Rubbish, trash, garbage or other waste shall not be kept except in sanitary containers, pending collection and removal. All incinerators or other equipment for the temporary storage of material shall be kept in a clean and sanitary condition. 17. Tese covenants are to run with the land and shall be binding on all parties and all persons claiming under then for a period of thirty 3 gears from the date these covenants are recorded; after which time said covenants shall be automatically extended for successive periods of ten years. In the event that it appears to the advantage of this platted subdivision that these restrictions should be modified, then and in that event, any modification desired may he made by affirmative vote of 80% of the then owners of lots within this subdivision and evidence by suitable instrument filed for public record; or if such event occurs during the development period such modifications or waiver of non -conformity may be evidenced by special p miss o granted xn writing by the undersigned or it successor mnterest. 18. Enforcement shall he by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation, or to recover damages. Invalidation of any one of these covenants by judgment or court order shall m no way affect any of the other provisions, which shall remain in full force and effect. Y: Date. STATE of 1 oNTAN County of Flathead P - n 4 4 n this OD day of JVLa1A before rye, the undersigned, a Notary Public for the State of Montana, personally appeared Touchstone, LLC, known to me to be the person whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate last above written. STATE OF MONTANA ) :SS County of Flathead ) Recorded at the request o this day o 1.at O'clock M and recorded M the records of Flathead County, State of Montana. Fee $ 'd. RECEPTION NO. RETURN TO Flathead County Clerk and Recorder Deputy DECLARATION OF HOMEOWNERS ASSOCIATION BY-LAWS OF MOUNTAIN VISTA ESTATES PUD THIS DECLARATION is made this - � 117 day of 14AIV,. 20,L�i- by Touchstone , hereafter referred to as "D lara f', WHEREAS, Declarant is the owner of certain real properly to the covenants, conditions and restrictions hereinafter set fort., each of which is arrd are for the benefit of said property and for each owner thereof, and shall inure to the benefit o and pass with said property and each and every parcel thereof, and shall apply to an hind the successors in interest, and any owner thereof; VaffiREAS, Declarant is desirous of s j tinsaid real property to the covenants, conditions and restrictions hereinafter set forth, each of which is and are for the benefit of said property and for each owner thereof, and shall inure to the haft of and pass with said property and each and every parcel thereof, and shall apply to and hind the successors In interest, and any owner thereof; NOW, THEREFOR, the Declarant hereby declares that the real property hereinafter described is and shall be held, transferred, sold and conveyed to the ov nants, conditions and restrictions hereinafter set forte; ARTICLE ► Tel01 at d The real property which is and shall be held, transferred, sold and conveyed subject to the covenants, conditions, and restrictions hereinafter set forth, is located i Flathead County, Montana, and is more particularly described as follows to wit: MOUNTAIN VISTA ESTATES PUD .SCE 11 M 12 1-[ .. "Association shall mean the association of the lot owners of the property known as Mountain vista Estates PUD. 2. ""Owner" shall mean the record owner of a fee simple title to any lot that is a part of the Property, and shall include contract buyers but not contract sellers. 3; "Property"' shall mean the real property described in Article 1, above. . `Common Area"' shall rrar all real property owned by the Association for the Common use and enjoyment of the owners but not limited to parks, trails, roadways, easements, well sites, community water system, recreational facilities, and surface or storm water collection and drainage systems. 5. "Lot" shall mean all lots. ARTICLE III tJR POS The property is subject to the covenants, conditions and restrictions hereby declared to insure the best use and the most appropriate development and improvement of each building site thereof, to protect the owners of building sites as will appreciate the value of their property, to preserve so far as is practical the natural beauty of said property; to guard against the erection thereon of structures built o improper or unsuitable material; to encourage and secure the erection of attractive homes thereon; to adequately provide for a high quality of improvements on said property and thereby enhance the values of improvements mad by purchasers of lots, to be responsible for operation and maintenance of the water system, waste water and storm water facilities in accordance with r qui ements set forth by the Montana Department of Health and Environmental Sciences and be responsible for upkeep o the subdivision and common facilities. ARTICLE TV DEFINITION OF OWNERSHEP Section 1.07. "L " shall man and refer to each of the 168 lots which are shown on the Plat of the Project which are intended for M*dlvidual ownership. Section 1.08. "'Lender"" shall mean a mortgage holding a first mortgage on any Lot or a beneficiary holding a first deed of trust on any Lot. Section 1.09. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee title to any Lot, including contract sellers, but excluding those having an interest in a Lot merely as security for the performance o an obligation. Section 1.10. "Plat"' shah mean and refer to the plat of Mountain Vista Estates in the official records of the County Recorder of Flathead County, Montana by which Declarant has subdivided the Project. Section. 1.11. "Project"' shall moan and refer to all real property described herein, and such additions thereto as may h rem* a t r be brought within the jurisdiction of the r A o ation. Section 2.01. Easements of En'o me t. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title in every Lot, subject to the following provisions: a. The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area. h. The right of the .Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid: and for a period not to exceed sixty days for any infraction of the published Association Rules. . The right of the Association to dedicate, transfer or grant easements to all or any part of the Common Area to any public agency, authority., or util it y for such purpose and subject to such conditions as may be determined by the Board, including the right to transfer all or part of the Connn n Area to the Mountain Vista Estates PUD Property Owners Association, Inc. Section 2. 2. Delegation of Use Any Owner may delegate his right o enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside in the Project. ARTICLE v1 MEMBERSHIP AND VOTING RIGHTS Section 3.01. Membership,,,Every Owner of a Lot, which is subject to assessment, shall be a member of the Association# Membership shall be appurtenant to, and may not be separated from ownership of a Lot, which is subject to assessment. Upon transfer of title to any Lot, the new Owner shall automatically succeed to membership in the Association. Section 3.02. Voting Classes., The Association shall have two classes of voting ; membership. Class A: Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest m any Lot, all such persons shall be members. bers. The vote for such Lot shall be exercised as the members among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class . The Class B member shall be the Declarant. The Declarant, as the Class member, shall solely be entitled to vote in Association affairs and shall elect all .embers of the Board of Directors until the Class B membershi shall cease and be converted into Class A membership. The Class B membership shall cease and be converted into Class A membership not later than 120 days after the happening o either of the following events, whichever occurs earlier. a.. When of the lots in the Project have been sold to owners by the Declarant, or b. On January 15, 2008 Section 3.03. Board of Directors. The goveming body of the Association shall be the Board elected pursuant to the Bylaws. The .hoard shall consist of not less than three nor more than five 5 members. The Board may act to increase or degrease its membership within the aforesaid limits and to fill vacancies in its membership for the unexpired portion of any term.. .except as otherwise provided in the Declaration, the Bylaws, or the Association Bales, the Board may act in all instances on behalf of the Association. The Board shall adopt the Bylaws and Association Ryles. DATED this dal o Mountain .sta Estates PUD y: Touchstone, f.Lc STATE OF MONTANA ) 5S. County of Flathead } th On this day o , before me, the undersigned, a Notary Public for the State of Montana, erso .all appeared before me Touchstone, ITC, known to me to the be the person whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set m.y hand and affixed ray Notarial Sea] the day and year in this certificate last above written. STATE OF MONTANA County of Flathead Recorded at the request o This day o Notary T o r the Residing My Commission Ex ] State of Montana at o'clock ,. .M and recorded in the records of Flathead County, State of Montana. Fee $ Pd. Fathead County Clerk and Recorder RECEPTION NO. RETURN Deputy AF% a 0 sm'h A N T E E %A UAK 'k $ r� A E Rt � 4 FirsAm ericaTitle Ins uran c Company \ « ` .....�. � »3 b Form No.1282(Rem 12/1 93 FILE NO.: CT- CT-0 H 359182 FEE: $125.00 SUBDIVISION OR O ED SUBDIVISION: Mountain Vista Estates Phase SUBJECT TO THE EXCLUSIONS FROM COVERAGE, LIMITS of LIABILITYt AND OTHER PROVISIONS THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMER CAN TITLE INSURANCE COMPANY, A CORPORATION, HEREIN CALLED THE COMPANY ACE Touchstone,, LLC FOR THE PURPOSE of AIDING ITS COMPLIANCE WITH y FLATHEAD COUNTY SUBDIVISION REGULATIONS, N A SUM NOT EXCEEDING , D kJ • • THAT according to those public records' whicho under the recording r of the State of Montana, impart constructive notice of matters affecting the title to .e lands described as follows: That portion of the Southwest 1 , Sects.on 2, To i North., Range 22West, P.M-M., ' . � eac County, Montana, described as follows; Beginning at- the Northeast corner of Parcel B as shown on Certificate o Survey No. _16814; thence South oo° ' 0" West 660.26 feet; thence South 00' ` o" e C_ 381.32 feet; thence South 004 113" West 208.86 feet to the North line of Farm to Market Road.; thence along the North line of the roach, South 9 ' " W'est 884.66 feet to the West line of the B.P.A. ransm ssio Line Easement; thence along .e West line of the Easement, -North. 0°9101" East 1257.56 feet to the North line of the South 1 of the Southwest .thence along said North line, North 9° 'o " Esat 752.16feet to the Point of Beginning. THE ABOVE DESCRIBED RAC of LAND IS TO BE KNOWN AND DESIGNATED A z Mountain i a Estates Phase Parties avi record title interest said lads whose signatures are necessary under the requirements of Flathead County Subdivisione la io on the certificates consent--ing to the recordation of Plats and offering for dedication any streets, roads, avenues and other easements offered for dedication e i a o said Plat are: Touchstone, C- 'e ed Owner Valley Bank of Kalispell -Beneficiary Continued... FILE No.: CT-88046 Page H 359182 2) -Parties holding liens or encumbrances on the title to said land are: . General and special county taxes for the year 2006, a lien not yet payable. NOTE: General and special county taxes for the year 2005 and all rior years have been paid. in full. . Deed of Trust dated July 20, 2005, to secure an indebtedness in the principal sum o AMOUNT 1, 0 0 , 0 0 0 . 0 0 , and any other amounts and/or obligations secured thereby. RECORDED July 27, 2005, as Doc. No. 0 0 -0 -1 0 0 f records of Flathead County, Montana. GRANTOR oc tcane, LLC. TRUSTEE First American Title & Escrow BENEFICIARY: Valley a. of Kalispell Easements, claims of easements and restriction agreement of record are: 1. Possible easement created by Notice of Appropriationof Water Right recorded May 5, 1910, -in Book 71, Page 240, as Doc. No. 6737, records ol'_' Flathead County, Montana. 2. Easement for underground right of way granted to Pacific Power & Light Company, a corporation, recol-ded November 5, 1984, as Doc. No. 84-310-14520t records of Flathead County, Montana. (AFFECTS: portion 1 W1 4 ) 3. County road rights -of -way not recorded and indexed as a conveyance in the office of the Clerk and Recorder pursuant to title 70, chapter 21, M.C.A. 4. The effect of restrictions contained in Certificate of Subdivision Plat AP-Droval recol ded with Certificate of Survey No. 16084, recorded April 28, 2004, as Doc. No. 2004-119-12120, records of Flathead County, Montana. . Possible easement created by Notice of Appropria'C_ion of Water Right recorded May 16, 1958, in Book 421, Page 59, as Doc. No. 29910, records o Flathead County, Montana. (AFFECTS: 1 W 4 ) . Easement for transmission 11i e granted to United States of America, recorded Juiy 26, 1951, in Book 320, Page 375, records of FlatheadCounty, Montana.. . Bargain and ale Deed recorded December 1, 1955, in Book 383, Page 200, a Doc. No. 8190, records of FlatheadCounty, Montana. Continued... . FILE No.:CT-88046 Page 359182 . 20 foot landscape, buffer zone, bike & pedestrianpath areas as disclosed on the pending Plat of Mountain Vista Estates Phase 1. 9. Easements and. Notes on the pending Plat of mountainVista Estates Phase 1. The above described rite a o e ty is located within and subject to the jurisdiction of the West Valley Fire District. 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