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13. Final Plat - Leisure Heights Phase 2
REPORT TO: FROM: SUBJECT MEETING DATE: City of Kalispell Planning Department 17 - 2"1 Street East, Suite 211, Kalispell, .Montana 59901 Kalispell Mayor and City Council Narda Wilson, Senior Planner James H. Patrick, City Manager Final Plat for Leisure .Heights Phase 2 August 15, 2005 Telephone: (406) 751-1850 Fax. (406) 751-1858 Website: kalispellplanning.coTn BACKGROUND: This is a request from Schwarz Engineering on behalf of Wind River Development Corp. for a 32 lot residential single family subdivision located on the east side of Willow Glen north of Kelly Road. The property is zoned R-2, Single Family Residential, and contains approximately 12.2 acres. The entire Leisure Heights subdivision contains approximately 67 lots on 32 acres. It was given preliminary plat approval by the Kalispell City Council subject to 16 conditions on March 17, 2003, as a three-phase development. This is the second {and Tnc.fl r.1-.aoa.+ rxTT-irN iir c fn tN- "nrfIq of TN' - AXTMm%7Q cxtand 1- f+ r"rtc fn Windriver Drive to the north to connect back to Leisure Drive. The attached transmittal letter lists conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. RECOMMENDATION: A motion to accept the subdivision improvements agreement in the amount of $22,500 and approve the final plat would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda Wilson ames rick Senior Planner City Manager Report compiled: August S, 2005 Attachments: Letter of transmittal Final plat application and supporting documents SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this I st day of July 2005, by and between the CITY COUNCIL, City of Kalispell, Party of the First Part and hereinafter referred to as the CITY, and Wind River Development, LLC a Corporation, located at 300 Leisure Drive, Kalispell, Montana 59901, Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH. THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Leisure Heights — Phase II, located at N '/a, NW 1/4, Section 21, T 2$N, R 21 W, Flathead County, Montana and, WHEREAS, the City has conditioned its approval of the final plat of Leisure Heights -- Phase II upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit 13"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $15,000.00. NOW, THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, in the amount of $22,500.00. Said Letter of Credit has an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: City of Kalispell Suhdivision Regulations Page 1 of 5 a. That the creditor guarantees funds in the sum of $22,500.00, 125% of the estimated cost of completing the required improvements in Leisure Heights — Phase 11. b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. 2. That said required improvements shall be fully completed by July 30, 2006. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. City of Kalispell Subdivision Regulations Wage 2 of 5 IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Wind River Development, LLC y t � T . &)' a „y _ (Title) City of Kalispell Subdivision Regulations Page 3 of 5 STATE. nF 1%4"NTANA COUNTY OF Flathead On this 2 6 th day of Ju lY 20 0 5 , before me, a Notary Public for the State of Montana, personally appeared Joy Mahlum known to me to be the Vice President of Wind River Development, LLB whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, 1 have hereunto set my and year first above written. L--""Notary Public for the State of Montana Residing at Kalispell My Commission Expires November 10, 2007 MAYOR, CITY OF KALISPELL Mayor City of Kalispell Subdivision Regulations Notarial Seal this day NOTAPIAL SEA1, s ATTEST. Finance Director Page 4 of 5 EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. IMPROVEMENTS Pedestrian Bridge to Park Street Trees CHECK CONSTRUCTION APPROPRIATE COMPLETION BOX DATE TOTAL COLLATERAL (TOTAL COST x 125%) 7/30/06 7/3 0/06 ESTIMATED CONSTRUCTION COSTS $ 12,000.00 $ 6,000.00 SUBTOTAL $18,000.00 FEES TOTAL COST $18,000.00 $22,500.00 City of Kalispell Subdivision Regulations Page 5 of 5 Three }tree Rivers Bank of Montana is a place where you can still know R your ban6cr, get personalized attention and quick answers because we're independently awned and locally operated. of Montana IRREVOCABLE LETTER OF CREDIT City of Kalispell Irrevocable Letter of Credit 9072605A PO Box 1997 Date: July 26, 2005 Kalispell, MT 59903 Expiration Date: September 30, 2006 Amount: $22,500.00 U.S. Dollars We hereby establish in your favor an Irrevocable Letter of Credit up to the aggregate amount of Twenty Two Thousand five Hundred Dollars and No Cents (22,500.00) at the reauest of Wind River Development Corporation. If Wind River Development Corporation fails to maintain the city infrastructure improvements in the time period listed above, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this letter of credit and be accompanied by a signed statement of an authorized official that the amount is drawn to repair improvements and specifying the default or defect in question. All drafts must be present prior to the expiration date stated above, and this letter of credit must accompany the final draft for payment. This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. Unless otherwise expressly stated, this Letter of Credit is subject to the Montana Uniform Commercial Code and the Uniform Custom and Practice for the Documentary Credits (1993 Revision) International Chamber of Conunerce Document. No. 500. Sincerely, Keith Valentine Assistant Vice President KVlcan 233 E Idaho - P. O. Box 7250 • Kahi pA, MT 59904 -0250 - 406-755-42.7.I • Farr 406-257-0219 - 1-800-772--7 968 552 1. �4eridiin Scud • Kalispell, M'I"159901 4O6.-755-5432 •Pax 40f�--757-021.7 /\ MEMBER EO.E.C. www.t'hreeriver66aiiknioiitaiia.corn j City of Kalispell Planning Department 17 - 2" d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1 850 Fax: (406) 751-1858 Website: kalispellplanning.com August 9, 2005 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Leisure Heights Phase 2 Dear Jim: This is a request for final plat approval of Leisure Heights phase 2, a 32 lot residential subdivision and homeowners' park on approximately 12.196 acres. The property is generally located on the east side of Willow Glen Drive north of Kelly Road. The property was annexed into the city of Kalispell as part of the preliminary plat review process and given an initial zoning designation of R-2, a Single Family Residential, zoning district that has a minimum lot size requirement of 9,600 square feet and is intended for single family residential development. The entire leisure Heights subdivision contains approximately 67 lots on 32 acres. It was given preliminary plat approval by the Kalispell City Council on March 17, 2003, as a three-phase development. This is the second (and last) phase which lies to the north of The Willows subdivision and extends to Windriver Drive to the north to connect back to Leisure Drive. As a requirement of the preliminary plat, more than tyro -thirds of the required improvements have been installed and a Subdivision Improvements Agreement in the amount of $22,500.00 has been submitted to secure completion of the remaining improvements which consists primarily of a pedestrian bridge to the park and street trees. The letter of credit addresses 125% of the estimated cost of remaining improvements. The estimated completion date is July 30, 2006 or sooner. The preliminary plat was approved with 16 conditions as outlined below. The following is a discussion of compliance with each of these conditions as well as findings of compliance with the City subdivision regulations and zoning ordinance. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1 Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. Final Plat — Leisure Heights Phase 2 August 9, 2005 Page 2 = This condition has been met. The lots and roadway layout are in compliance with the preliminary plat that was approved. Condition No. 2 That the roadways serving the subdivision shall be constructed in accordance with the adopted Design. and Construction Standards for the City of Kalispell for local roads. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been reviewed and approved and comply with City standards. = This condition has been met or otherwise adequately addressed. Certification from Schwarz Engineering (July 18, 2005) and a letter from the Kalispell Public Works Department dated August 2, 2005 have been included with the final plat application stating that the roads and other infrastructure have been constructed ,- /n---4--_..a-,-.4.. c-leUJ %-ILY IJViircliiairEing liiprUveme_ts related UJ PUUtCstrl-.Ul at;l;C�s and landscaping have been included in the subdivision improvements agreement. Condition No. 3 A traffic analysis be conducted assessing the impacts to Willow Glen Drive from Leisure Drive as a result of the subdivision and mitigation measures identified and implemented in coordination with the Kalispell Public Works Department. This condition has been met. A traffic analysis had been submitted with the final plat application for Phase 1 that concludes all of the roads in the area will continue to function at a level of service B or higher and that no improvements would be needed. Condition No. 4 That a letter be obtained from the Kalispell Parks and Recreation Department stating that the a landscape plan has been reviewed and approved for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. This condition has been met. A letter from the Kalispell Parks and Recreation. Department (October 12, 2004) has been submitted with the final plat application approving a landscape plan. The landscape materials have been included in the subdivision improvements agreement. Condition No. 5 That a cash in lieu payment equivalent to the cost of the landscaping be placed in a fund to provide a contribution for a match for a bike and pedestrian trail along Willow Glen Drive at the City's discretion or a minimum 20-Moot wide landscape buffer be developed between the subdivision and Willow Glen Drive to provide screening and buffering in accordance with a plan approved by the Kalispell Parks and Recreation Director. Final Plat --- Leisure Heights Phase 2 August 9, 2005 Page 3 This condition has been. met. Attached is a quote from Robinson Brothers Tree Farm for $4,688 for landscaping including the planting of 26 Blue Spruces. The City has been working with property owners along Willow Glen Drive and the County to facilitate the construction of a bike and pedestrian path within the proposed landscape casement area. The cash in lieu of landscaping would be used as a partial match for federal monies used for this trail. Mike Baker concurred on August 9, 2005. Condition No. 6 That a ten foot right-of-way reservation be designated along Willow Glen Drive within the 20 foot landscape; buffer that could be acquired for the future upgrade of the roadway. This condition has been met. The right of moray reservation has been noted on the face of the final plat. Condition. No. T That the developer obtain a letter from the Flathead County Road Department and the Montana Department of Transportation approving the improvements to the intersection of Leisure Drive and Willow Glen Drive certifying that any necessary improvements have been made. • This condition has been. met. An approach permit was issued by the Montana Department of Transportation approving the approach and improvements. Willow Glen Drive is not maintained by the county, so no approval is required. Condition No. S The road 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. • This condition has been met. The road signs are in place. Condition No. 9 The developer shall provide a letter froze. the U.S. Postal Service approving the plan for mail service. This condition has been met. A letter from. the USPS (October 1, 2004) approving a mailbox location has been submitted with the final plat application. The pad and central boxes are in place. Condition No. 10 Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. • This condition has been met. Street lighting has been constructed. Condition No. 11 That the parkland dedication requirements shall be met by designating the homeowners' park area on the plat and that improvements be made to provide access to that area and recreation amenities such as play equipment and / or picnic tables. Final Plat — Leisure Heights Phase 2 August 9, 2005 Page 4 • This condition has been adequately addressed or otherwise met. The homeowners' park area has been platted with phase 1 of the subdivision. Improvements to the park area have been bonded for as part of Phase 2. This includes a pedestrian bridge. Condition No. 12 All utilities shall be installed underground. * This condition has been met. Utilities have been installed underground as certified by the engineer and verified by an on -site staff inspection. Condition No. 13 That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. • This condition has been met. A letter from the Kalispell Fire Department (June 16, 2005) approving the fire flows, hydrant locations and access was submitted with the final plat application. Condition No. 14 That a minimum of two-thirds of the necessary infrastructure for each phase for this subdivision shall be completed prior to final plat submittal. + This condition has been met. Most of the infrastructure for the subdivision has been completed with the exception of the pedestrian bridge which have been made part of a subdivision improvements agreement. Condition No. 15 All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. : This condition has been adequately addressed. Seeding has been included in the subdivision improvements agreement. Condition No. 16 That preliminary plat approval shall be valid for a period of three years from the date of approval with an automatic three-year extension as each phase of the subdivision plat has been completed and filed. • This condition has been met. The plat for this phase was submitted prior to expiration of the preliminary plat. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in compliance with the preliminary plat which was submitted and approved. Final Plat --- Leisure Heights Phase 2 August 9, 2005 Page 5 COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. A current title report as well as 3 consents to plat are enclosed. A subdivision improvements agreement (SIA) in the amount of $22,500 is included as part of this final plat. The SIA addresses bath the pedestrian bridge for $12,000 and street tree planting for $6,000 plus both of which are then computed at 125% of their actual cost. The SIA expires on July 30, 2006. the Irrevocable letter of credit expires on September 30, 2006, COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-2 zoning. RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Please note that the Subdivision Improvements Agreement should be accepted along with the final plat approval. Please schedule this matter for the August I5, 2005 regular city council meeting if possible. You may call me at 751- 1852 if I can be of assistance to you regarding this matter. Sincerely, Narda A. Wilson, A CP Senior Planner Attachments: Vicinity map 1 opaque mylar of final plat 1 reproducible mylar of final plat I blucline of final plat Letter from Schwarz Engineering dated 7 / 15 / 05 Final plat application dated 6/23/05 Letter from Schwarz Engineering dated 7/ 18/05 Letter Kalispell Frank Castles, Public Works dated 8/2/05 Letter from Parks and Rec dated 10 / 12 / 04 Bid from Robinson Brothers Tree Farm/attached checks for $4,688 MDOT approach permit dated 7/26/04 Letter from USPS 10/ 1 / 04 Letter from Fire Dept dated 6 / 16 / 05 Subdivision Improvements Agreement dated 7/26/05 Letter of credit from Three Rivers Bank dated 7/26/05 Final Flat - Leisure Heights Phase 2 August 9, 2005 Page 6 Title report H 359128 dated 7 / 21 / 05 Consent to plat Three Rivers Bank dated 8/8/05 Mirth Stedje dated 8/8/05 Edwin J. Mahlum & Joy Katherine Mahlum dated 8/8/OS Treasurer's certification dated 7/ 15/05 Reduced copy of plat c: Schwarz Eng & Arch, 100 Financial Dr., Suite 120, Kalispell, MT 59901 Wind River Development Corp., 300 Leisure Drive, Kalispell, MT 59901 Theresa White, Kalispell City Clerk ARCH ITECTU RE SCHWARZ July 15, 2005 Ms. Narda Wilson Kalispell Planning Department 17 Second Street East Kalispell, MT 59901 Re: Final Plat for Leisure Heights Subdivision - Phase 2 Dear Narda: Wind River Development, developers of Leisure Heights Subdivision wish to file for Final Plat Approval for Phase 2 at this time. Improvements have been completed as described in the following ifem-by-item breakdown of the sixteen (16) conditions listed in the Preliminary Plat Approval dated March 17, 2003. A final plat application with filing fee and Subdivision Improvement Agreement addressing the conditions, which are not complete are also enclosed. 1. The site has been developed insubstantial conformance with the approved Preliminary Plat. 2. The roadways have been constructed in accordance with the City of Kalispell adopted Standards for Design and Construction. A letter from a licensed engineer certifying the improvements is enclosed. A letter from the Kalispell Public Works Department dated July 1, 2005, approving this phase of the project as constructed will be forwarded directly to you. 3. A traffic study assessing the impacts of the subdivision to Willow Glen from Leisure Drive was submitted with the Phase 1 Final Plat submittal. 4. A letter from the Kalispell Parks and Recreation Department approving the landscape plan was submitted with the final plat submittal for Phase 1. A copy is enclosed. 5. A cash in lieu payment for the future bike trail along Willow Glen is enclosed. This amount was determined from the Robinson Brothers Tree Farm quote to provide 6 ft. blue spruce for the entire length of the eastern boundary of the subdivision at 40 ft. spacing. A copy of the quote is enclosed. 6. A ten foot right-of-way reservation along Willow Gen has been designated on the Final Plat. 7. An approach permit for the improvements to the Willow Glen -Leisure Drive intersection has been obtained from the Montana Department of Highways. The improvements to this intersection were completed as part of Phase 11 of this development. A copy of the permit is enclosed. SCHWARZ ARCHITECTURE AND ENGINEERING, INC. 100 Financial Dr., Sure 120 - Kalispell, MT 59901 -- Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.com Narda Wilson, Kalispell Planning Department 711412005 Final Plat far Leisure Heights Subdivision — Phase 2 Page 2 of 2 8. The roads have been named and signed in accordance with the policies of Kalispell Public Works. 9. A letter from the U.S. Postal Service approving the mail service plan is enclosed. 10. Street lighting has been located within the development so as not to intrude onfo adjoining properties. 11, The parkland dedication requirements have been met. Parkland area is indicated on the Final Plat. 12, All utilities have been installed underground. 13. A letter from the Kalispell Fire Department approving the fire access and suppression system is enclosed. 14. Phase 2 is approximately 98% complete. The Subdivision Improvement Agreement addresses the remaining items to be completed for Phase 2. 15. Areas disturbed during construction were seeded with a weed -free mix. The Subdivision Improvement Agreement lists the items which have not been completed, projected construction costs and completion dates. Also enclosed are a Title Report and two (2) signed Mylar copies of the Final Plat of Leisure Heights Subdivision. Please -.II 'L have _1' _ Please call me if you have any quesI10ris. Sincerely, Inc. Enclosures as Listed Cc, Wind River Development Project He # 1022-99 \\Saeserver\documents\Hrojecf Files\Sted e, Qoug\LeiSUre Heights Inspection,\Nordc Wilson, July 14, 2005.doc ARCHITECTURE July 18, 2005 Frank Castles, P.E. City of Kalispell Public Works Department P.O. Box 1997 Kalispell, MT 59901-1997 Re: Leisure Heights Subdivision - Phase 2 Dear Frank: We hereby certify that we have inspected the improvements to Leisure Heights Subdivision -- Phase 2, and to the best of our knowledge and belief, have found them to be in substantial conformance with the approved plans and specifications. Enclosed are "As -Built" drawings for Phase 2 and a One Year Warranty Bond in the amount of 10% of the cost of the infrastructure improvements for Phase 2. Sincerely, SCHWARZ ARCHITECTURE & ENGINEERING, Inc. John Schwarz, P.E. Encl.: "As -Built" Drawings Cc: Project File # 1076.02 \\Saeserver\documents\Project Flles\Stedje. Doug\Leisure Heights #nsgectlon\Certification Letter to Frank Castles, July 8, 2005.doc SCHWARZ ARCHITECTURE AND EN6INEERIN6, INC. 100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel: 406,755.1333 - Fax: 4o6.755.1310 - www.schwarzae.com ..T... / City of Kalispell Public Works Department t Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 August 2, 2005 Robert W. Stauffer Schwarz Engineering 100 Financial Drive, Suite 120 Kalispell, Montana 59901 Re: Leisure Heights Subdivision — Phase II Dear Mr. Stauffer: The City of Kalispell Public Works Department hereby approves the existing, completed improvements 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 following: 1. Schwarz Engineering letter dated July 18, 2005, certifying that the improvements within the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the approved plans and specifications. 2. Our video records of the sanitary sewer system. 3. Receipt of a Subdivision Improvement Agreement which contains the total estimated construction costs plus 25 percent covering the estimated costs for the remaining street trees and pedestrian bridge to park. The Subdivision Improvement Agreement is certified by John P. Schwarz, P.E., to being an accurate accounting of anticipated costs for the remaining improvements. The one year warranty period for the City owned and maintained existing, completed improvements will commence on July 8, 2005. The one year warranty period for the remaining construction will commence upon acceptance by the City of the completed constructed improvements in accordance with approved plans and specifications. If you have any questions, please do not hesitate to contact this office. Sine re , (��k- F ank Castles, P.E. Assistant City Engineer Cc: Narda Wilson, Senior Planner Kalispell Planning Office co of Ka"So'. fl Parks and Recreation October 12, 2004 35 13t Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7718 Fax: (406) 758-7719 Email: parknrec@kalispeld.com Schwarz Architecture & Engineering 100 Financial Drive, Suite #120 Kalispell MT 59901 Re: Leisure Heights Subdivision Landscaping Dear Mr. Stouffer: This letter is to notify your firm that we find the landscaping materials (subdivision site plan, typical tree planting detail and bid to plant 100 maples) submitted October 12, 2004, acceptable and meeting the requirements for subdivision development with the - minor exception of tree caliper size. At this time, as Director of Parks and Recreation, I am specifying tree sizes for subdivision plantings to be a minimum of 1 '/2" inches in diameter at six inches above ground level and spaced according to the City of Kalispell Street Tree Ordinance. Should you have any questions or concerns with spacing please give me a call. Arrangements need to be made with Tri City Planning for bonding of these improvements. r C�E�E�l9j1 SY------------- - --- FLATHEAD STATION 248 FIRST AVENUE WEST KALISPELL MT 59101-9998 October 1, 2004 To: Planning Board RE: Leisure Heights To whom it concerns: The above referenced project has been reviewed. A suitable location for mail delivery has been established . Centralized boxes will be installed at suitable location with a turnout area for the carrier to service these boxes. The developer will be responsible for purchasing the CBUs. If you have any questions please feel free to call me at (406) 755-0187. Sincerely yours: Elden Marvel Manager Customer Services (406)-755-0187 FAX: {406}-755-0376 jp��C�gIIi�Jg� �1 OCT o 7 2004 BY.................... June 16, 2005 Schwarz Architecture & Engineering, Inc. Attn: Bob Stauffer 100 Financial Dr - Suite 120 Kalispell, MT 59901 Re: Leisure Heights — Phase 11 Dear Mr. Stauffer, In response to your request for approval of the above -referenced project, our department approves final plat for Leisure Heights — Phase II, with the following information and conditions. • Fire hydrant locations, fire flows, and fire department access are approved by this department. Please contact me if you have any questions. Sincerely, F. Ray Ruffatto Acting Deputy Fire Marshal ca Narda Wilson, Tri-City Planning office "Assisting our community in reducing, preventing, and mitigating emergencies. " CONSENT TO PLATTING LEISURE HEIGHTS NO.2 Pursuant to Section 76-3-612, MCA, the undersigned, Three Rivers Bank, do hereby join in and consent to the annexed plat and release (my)(our) respective liens, claims and encumbrances as to any portion of said lands shown on such plat as being dedicated to the use of the public forever. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this 8 thday of August , 200 5 . a � 4ei—vers V STATE OF MONTANA ) ss. County of Flathead This instrument was acknowledged before me on August 8 , 200j by Aj King, Three Rivers Sank L e;ZN& Kathy L. Costa n� Notary Public for the State of Montana 4 Residing at _ Ka l i s pQ 11 ; My Commission expires November 16, 2007 CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, Mirth Stedje, do hereby join in and consent to the annexed plat and release (my)(our) respective liens, claims and encumbrances as to any portion of said lands shown on such plat as being dedicated to the use of the public forever. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this 8t:hday of August , 2005 . Mir . Stedje STATE OF MONTANA ) . SS. County of Flathead ) This instrument was acknowledged before me on August: 8 , 200 5 by Mir CONSENT TO PLATTING LEISURE HEIGHTS NO. 2 Pursuant to Section 76-3-612, MCA, the undersigned, Edwin Jay Mahlum and Joy Katherine Mahlum, do hereby join in and consent to the annexed plat and release (my)(our) respective liens, claims and encumbrances as to any portion of said lands shown on such plat as being dedicated to the use of the public forever. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this 8thday of August , 200 5 . Edwin Jay MihlurO STATE OF MONTANA ) ss. County of Flathead ) t Joy th 'ne Mahlum This instrument was acknowledged before me on August 8 by Edwin Jay Mahlum _ and Joy Katherine Mahlum ' ft , Kathi L. Costa 200 5 Notary Public for the State of Montana Residing at Kalispell My Commission expires November 10, 2007 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 7'58-5510 This Form is for Subdivisions & Condominiums Only BY: SANDS FOR: WIND RIVER DEVELOPMENT CORP. DATE: 6/30/2005 DESCP: LEISURE HEIGHTS NO.2 PURPOSE: SUBDIVISION (TR 3 & 3H in 21-28-21) YEARS 2000 THRU 2004 & TO DATE ASSESSOR # 0821650 ---- 0971575 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. 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VICINITY MAP WIND RIVER DEVELOPMENT CORPORATION MAJOR PRELIMINARY PLAT (LEISURE HEIGHTS) A 32 ACRE, 67 LOT RESIDENTIAL SUBDIVISION CONCURRENT WITH ANNEXATION AND INITIAL ZONING OF R-2, A SINGLE FAMILY RESIDENTIAL DISTRICT FILE# KPP---03-1 SCALE 1" = 500' ��'�-l-*ft SCHOOL ,D FAT t Mj= 9 022, mot. r•'F aayot [ar tL. SStY ai M.a .CSCyWty G tir Gut e1 w �tf itYp.ii, aonum� m [�a.snmtemify reAu !hla pSK ltaY [.w �ua�Lettl tas tsuliutlm < ay ttr. w m[oe+ w ta. .M EaYYy .mope. w. Gmlucim w puall. aK o[ uY W .13 lair.. .hua m W. pLt u bia] a.picYud w YmC uu' z�t ra�tltq bltl m taa-_tlaY� GCT o[ fKiay.il � iLa "n Imnnn."" AlY plat !.. Oun a]wS.M ty t� a[Gu of ta. airy Ktauy' [ �liap.11r imCwr acmC9iaq er2lm f -]-a]] i]] .� uayliWrev�iE datl m 1�K twuilm YubfttaE y tL M9aIapv aed/or 0i..max. Gry ] ��Lwsp33�ClYC�aAttatuY usta M mYvu a Im CR tai. m porYv% tatlia ear tlr 8t�b cf ud wwa to r tie petlw pstwnitl VLa.. mw1Y1 va .ub¢16ed to Yaa .� t� Luuretu.nt .ntl utM1w1.Y]tl w u tue ;pay oxamt.G mi inu atio em ee. 9fiN K �.�.,,.,, ri aooLulae up/zu__.__/�_ 51 P Ezy Drive • Kalispell, MT 59901 (406) 892-4825 ! (406) 752-0010 - (406) 756-7233 • (406) 765.3201 Cell. (406) 253-9540 • (406) 253-7994 Fax: (406) 892-5797 « () 755-93(M Fax No. _: 4 % �:: Shipper No. Pro No Date frost: Strut: )rigin Zip Code Destination Zip Cade Vehicle TK TR outs: Number NO, KIND OF PACKAGING, DESCRIPTION OF ARTICLES, TIME B&S 3HiPPING SPECIAL MARKS AND EXCEPTIONS BED SHEET PRICE CHANGES UNITS (Eror Carc,se orYyj T Agricultural inspection No, ote >ceived in good condition as noted: of Tarped Q Received Torped Q Vorranties are for 60 days only with ail other ivarontee and claims apply. Deposit of 35% Interest Effective ante COD, A s Subject to $ fi'on I Of The concrOlons. if this ship) nw to be delivered to the consignee withoutrecourse on the consignor. the cor�stpor r�- oP Sign the follsa Statement; The =rer shall not make delivery of this. shier wt without poyment of freight and all other i�t charges. Signohare of Consignot C-0-D, FEE: PREPAID 0 COLLECT 0 S 'total Charges $ . FREIGHT CHANGES Check Appropsicrte Box: a Freight Prepaid Q Freight Collect Pocelved subject to the class ficatnons and l rwft.tgy filed toriffs in effect on the dote of the issue of thls Sill of GaSi % the properly described above in apparent good der, except as noted (contents and cce ditlon of contents of package unknown), morked consigned and dest d os indicated obxove which said carrier (tna work corner ,ing understood throughout this contract as meaning any person or oarporotlon in poste t at the property undw V* controc* agrees to carry to ft usvai plane of ;twory at said desttnation, if on its route, otherwise to deliver to another corner on the route to said destination. tt is mutually agreed as to each carrier of ail or any of. said operty aver all or ony portion of said mute to destination oriel cis to each party at any time interested in oti or any of said proPerly, that Ovary service to be performed ,reunder stt Tl be subject to all the bM of ladin Tom and Conditions in the governing dassitiCatton on the dare Of shipmen r. Shipper hereby cer€ifos that he is lomfllar with all the bill W loding tem*s and conditions in the governing c1cuMtcatlon and the said term and conditions orw hweby ;reeat to by the shipperand accepted for ttk ns t aid his otsslpns, It serif for collecfibn zpper agrees to reasonoue attomey ma and court costs. HIPPER CARRIER ER DATE PER DATE sty Prints 3/05 Ta wc6p:z1 soot 6H *6nu b@£6SSL-90PT : 'ON EjIJL?Hd t � 's t�s s uosur o a11L.1 � cT �j W08A K(. U11I:bVi! arvititt7l 4 i1iGvv,. 1 ,...E■�� __� 519 EZy Drive • Kalispell, MT 59901 (404)492- 5 - (406) 752-4010 • (406) 756-7233 * (406) 755--3201 Cell. (406) 253-9540 • (406) 253-7994 Fax: (406) 892-5797 - (406) 755-93CA To: —4 Street: Origin Louie: NO. SHIPPING UNITS L0N 7F PAiC,— AGING. L tti . IAIAA MT Agricultural Inspection o. Dote Street: P Cade C7estination )ESCP)PTJoN OF Ai?Ti kiRKS Nib EXCEPTIU S Received in good condition as not€1d: Not Tarped U Received Tarped Q Warranties ore for 60 doys only with all other t grantee and GIC#imS apply Interest Etfective Date COD Amt: S Fox No, Shipper No. �.. Pro No. r - ©ote Zip Code Number Fq SMEE� 7r CHARGES I ` t qu corrier uss c q*) r Oe:poslt'of S5% C.O.D. FEE: PREPAID Q COLLECT 0 S Total Charges $ FREtGHT CHARGES Check, Appropriate. Box: Q Freight Prepaid Q Freight Collect — Received subject to tree C&., Catiaru aW lerwfuRy iilsd tariffs In effect Or) the date of the issue of this Sill of t adin+g. the promrty described above in apparent 9� wdsr, except as noted (contents and condition of contents of package unknown), mcftd consigned and destined cis indicated drove which said carrier (tha work carrier being understood throLWOut this contract as manning any person or corporafion to se.,, CW of tha propariy under the contract) agrees to carry to its usual place of delivery at sold deStlnatiorr, if on its route. otherwise to deliver to another carrier on fne route to said destination. It is Mutually agreed 05 to each comer of all or any of said property ovef all or ony ponion of sold route to dwbnolion and os to etch party at Crny time Infereeed in all or any of sold property, thaf every Same to be pertnrmed hereundor shall be sublecf to ail fhe brii of lading farms and conditions in the governing clo& eorion on the date of shipment, agreed to by me i har er and ti ies that he's torniliar wlih oil the tAl of lodinc� terms and conditions In fire grNerni ng dossification and the said terra and conations or'.. hwiebv taereb certifies l� accepted for hirrself and his assigns, if wnt for coitection shipper agrees s to reossona e ott= Y fees and court casts, SHIPPER CARRIER PeR DATE PER ©ATE 1t,3tY Prints 3105 Td WdEV : T T 500E OT ' 1 o f 17O26SSZ9Ot7T : 'ON 9NC3H6 1 nears S pues s . uosu t o � d i~tC3dd Stsblect to Sector) 1 of the conditions, if this �11 nt to be delivered to the consignee w1�t 1t01C1 se on tt'e Consign., the consignor shall staff the follawlr)Q statement - The carrier shall not rrlake de4very at tttls Shipment withcut payment of freignt and all other lawful charges. City of Kalispell Planning Department "d 17 - 2 Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: Leisure Heights No. 2 Contact Person: Owner & Mailing Address: Name: Schwarz Architecture & Engineering, Inc. Wind River Development Corp. Address: 100 Financial Drive, Suite 120 300 Leisure Drive Kalispell, MT 59901 Phone No.: 406.755.1333 Date of Preliminary Plat Approval: 3.17.2003 Type of Subdivision: Residential X Industrial Kalispell, MT 59901 Commercial PUD Other Total Number of Lots in Subdivision Phase 1, 35 Lots - Phase 2, 32 Lots Land in Project (acres') 12A.190acres Parkland (acres) 5.3 Acres Cash -in -Lieu $. No. of Lots by Type: Single Family 32 Townhouse, Duplex Apartment Commercial Industrial Condominium Multi -Family Exempt Mobile Home Park Recreational Vehicle Park _ Planned Unit Development Other Legal Description of the Property Y4, NWY4, Section 21, T 28N, R 21W, P.M.M., Flathead County, Montana FILING FEE ATTACHED $3,900.00 Minor Subdivision with approved preliminary plat $400 + $100/lot Major Subdivision with approved preliminary plat $650 + $100/lot Subdivisions with Waiver of Preliminary Plat $600 + $100/lot Subdivision Improvements Agreement $ 50 1 Attached Not Applicable (MUST CHECK ONE) X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. p 9 Owner(s) 9��'n4 ure Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision. 2. Lot or park boundaries 3. Easements 4. Reads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system As approved by the TCPB, Effective 3/ 15/04 E GUARANTEE $T AMERIC FirstAmerican Title Insurance Company H t' � 1 8 Form No. 1282 (Rev. 12115195) FILE NO.: CT-86674 CT-86674 FEE: $125.00 H 359128 SUBDIVTSION OR PROPOSED S7BDTVISION: Leasure Heights No. 2 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, HEREIN CALLED THE COMPANY GUARANTRES: Wind River Development Corporation FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described as follows: A tract of land, situated, lying, and being in the North Half of the Northwest Quarter Section 21, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Commencing at the Northwest corner of the Northwest Quarter of the Northwest 1/4 of Section 21, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana; thence along the North boundary of said N-K1/4 Nort-}, S2G°-52,44" East- 30 00 feet to -- set- the East -earl n/T.l of cn �vv�..�� �. .,ti =z �.....� ......,., �.._�... ,..� u ��.. ��.... pig. .,�. ��.c uu�����y, a" ny v�. a vv foot county read known as Willow Glenn Drive and the True Point of Beginning of the tract of land herein described; thence continuing along the North boundary of said NW1/4 North 89'52'44" East 629.83 feet to a found iron pin; thence South 00'09151" East 198.31 feet to a found iron pin; thence South 89'57137" West 78.21 feet to a found iron pin on the Easterly R/W of Leisure Drive; thence along said R/W South 02*37,001, East 100.13 feet to a set iron pin; thence leaving said R/W North 89'49'50" East 294.16 feet to a found iron pin on the West boundary of the Homeowners Park as shown on the Plat of Leisure Heights No. 1 (records of Flathead County, Montana); thence along said boundary South 66'59'26" West 114.27 feet to a found iron pin; thence South 00'50138" West 53.72 feet to a found iron pin; thence South 06'31'50" East 89.29 feet to a found iron pin; thence South 21*19`14" East 88.70 feet to a found iron pin; thence ,South 65'29'37" West 52.60 feet to a found iron pin; thence South 53'31,11" West 1.41.00 feet to a found iron pin on said Easterly R/W of Leisure Drive; thence along said R/W Continued... FILE NO.: CT--86674 PAGE 2 H 359128 South 14'12'23" East 10.81 feet to a found iron pin; thence leaving said R/W North 53'31'11" East 144.05 feet to a found iron pin; thence North 65'29'37" East 139.88 feet to the approximate thread of Woodland Creek; thence along said thread the following four (4) courses: South 22'48'12" East 47.91 feet; South 32'08'45" East 62.84 feet; South 42'52'35" East 46.49 feet; South 50°18'56" Esat 216.11 feet; thence leaving said thread South 40°13'49" West 235.33 feet to a found iron pin on said Easterly R/W of Leasure Drive; thence along said R/W South 51'05'43" East 59.11 feet; thence South 45'49'34" East 40.98 feet to a found iron pin; thence North 40'13'51" East 241.77 feet to the approximate thread of said Woodland Creek; thence along said thread South 44'55'44" East 132.16 feet to the East boundary of said NW1/4NW1/4; thence leaving said thread and the West boundary of said Homeowners Park, along said East boundary of said Y4114NW114 South 00°09'13" East 22.74 feet to a found iron pin; thence South 24'16'12" East 128.25 feet to a found iron pin; thence South 52'52`04" West 177.78 feet to a found iron pin on the Easterly R/W of said Leisure Drive; thence along said Easterly R/W North 45'49'34" West 264.80 feet; thence North 51'05'43" West 485.05 feet to a found iron pin; thence North 14'12'23" West 309.68 feet to a set iron pin; thence North 02'37100" West 258.67 feet to a set iron pin on the Northerly R/W of said Leisure Drive; thence along said Northerly R/W North 88'53'00" West 550.26 feet to a set iron pin on the Esterly R/W of said Willow Glen Drive; thence along said Easterly R/W South 00'09'00" East 60.02 feet to a set iron pin on the Southerly R/W of said Leisure Drive; thence along said Southerly R/W South 88`53,00" East 492.73 feet; thence along said Westerly R/W of said Leisure Drive South 02`37'00" East 208.54 feet to a set iron pin; thence South 14'12'23" East 335.78 feet to a set iron pin; thence South 51'05'43" East 502.30 feet to a found iron pin.; thence South 45'49'34" East 362.71 feet to a found iron pin on the South boundary of said NW1/4NW1/4; thence leaving said R/W and along said boundary South 89'53'37" West 192.35 feet to a found iron pin; thence North 00°09'00" West 44.91 feet to a found iron pin; thence North. 45'49'34" East 102.20 feet to a found iron pin on said Westerly R/W of Leisure Drive; thence along said R/W North 45'49'34" West 196.57 feet to a found iron pin; thence Continued... FILE NO.: CT-86674 PAGE 3 H 359128 North 51'05143" West 71.81 feet to a found iron pin on the Easterly boundary of said Plat of Leisure Heights No. 1; thence leaving said R/W and along said boundary South 38'54'17" West 110.00 feet to a found iron pin; thence North 51'05143" West 106.61 feet to a found iron pin; thence South 89'52'37" West 94.48 fet to a found iron pin thence North 17'37141" West 107.88 feet to a found iron pin; thence North 51'05143" West 197.85 feet to a found iron pin; thence Forth 13°05'45" West 84.78 feet to a found iron pin; thence South 89°52'37" West 175.82 feet to a found iron pin; thence North 00'09100" West 149.91 feet to a found iron pin; thence North 63*47111" East 77.82 feet to a found iron pin on the Southerly R/W of Windriver Drive, which is on 135.00 foot radius curve, concave Northeasterly (radial bearing North 63'45'59" East); thence Northwesterly along said curve through a central angle of 10'48'46" an arc length of 25.48 feet to a found iron pin and the P.R.C. of a 87.00 foot radius reverse curve, concave Southeasterly (.radial bearing South 74'34'45" West); thence Northwesterly and Southwesterly along said curve through a central angle of 164'43145" an arc length of 250.13 feet to a found iron pin.; thence leaving said R/W South 89'51'00" finest 60.00 feet to a found iron pin; thence South 89'52'37" West 120.00 feet to a found iron pin on said Easterly R/W of Willow Glen Drive; thence leaving said boundary and along said R/W North 00'09'00" West 549.75 feet to the Point of Beginning. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS: Leisure Heights No. 2 (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues and other easements offered for dedication dedication by said Plat are: Wind River Development Corporation - Vested Party Three Rivers Bank - Beneficiary Mirth Stedje Family Trust dated July 25, 1990 - Beneficiary Edwin Jay Mahlum and Joy Katherine Mahlum - Beneficiary Continued... FILE NO.: CT-86674 PAGE 4 H 359128 (2) Parties hnldinc e-�s of er.cumbra ces on ue to sa d lands are: 1. General and special county and city taxes for the year 2005, a lien not yet payable. NOTE: General and special county and city taxes for the year 2004 and all prior years have been paid in full. 2. Deed of Trust dated March 31, 2004, to secure an indebtedness in the nrincinal sum of AMOUNT $1,100,000.00, and any other amounts and/or obligations secured thereby. RECORDED April 7, 2004, as Doc. No. 2004-098-16430, records of Flathead County, Montana. GRANTOR Wind River Development Corporation TRUSTEE. Citizen's Title & Escrow Company, Inc. BENEFICIARY: Three Rivers Bank of Montana AFFECTS : Premises and other property 3. Mortgage dated March 31, 2004 to secure an indebtedness in the principal sum of AMOUNT $322,000.00, and any other amounts and/or obligations secured thereby. RECORDED April 7, 2004, as Doc. No. 2004-098-16440, records of Flathead County, Montana. MORTGAGOR Wind River Development Corporation MORTGAGEE Mirth Stedje Family Trust Dated July 25, 1990 AFFECTS Premises and other property 4. Mortgage dated March 31, 2004 to secure an indebtedness in the principal sum of AMOUNT $133,750.00, and any other amounts and/or obligations secured thereby. RECORDED April 7, 2004, as Doc. No. 2004-098-16450, records of Flathead County, Montana. MORTGAGOR Wind River Development Corporation MORTGAGEE Edwin Jay Mahlum and Joy Katherine Mahlum AFFECTS Premises and other property (3) Easements, claims of easements and restriction agreement of record are: 1. Any claim arising from the difference in the mean .low water line of the Stillwater River and Woodland Creek and the meander line as shown by the Original Government Survey. Continued... FILE NO.: CT-86674 PAGE 5 H 359128 2. Right, title and interest of the State of Montana within the bed of the Stillwater river and Woodland Creek below the low water line, and also excepting accretions water -ward on said line. 3. Public right and easements for commerce, recreation, navigation and fishery. 4. Easement for electric transmission and distribution etc. granted to Pacific Power & Light Company, a corporation, recorded January 22, 1959, in Book 427, Page 48, as Doc. No. 416, records of Flathead County, Montana. 5. Easement for the overhang of electrical conductors only granted to Pacific Power & Light Company, a corporation, recorded December 24, 1969, in Book 513, Page 33, as Doc. No. 8748, records of Flathead County, Montana, 6. Easement for ingress and egress granted to Charles L. Hash and Margaret D. Hash, recorded July 11, 1970, in Book 515, Page 221, as Doc. No. 3250, records of Flathead County, Montana. 7. 20 foot Charles Hash Road Easement as disclosed on Certificate of Survey No. 6560, 8. Easement for the overhang of wires only along the Southern boundary granted to Pacific Power & Light Company, a corporation, recorded August 30, 1972, in Book 540, Page 844, as Doc. No. 7968, records of Flathead County, Montana. 9. Easement for telephone wires, towers, poles, etc. granted to Northwestern Telephone Systems, Inc., recorded may 12, 1978, in Book 642, Page 292, as Doc. No. 6703, records of Flathead County, Montana. 10, The effect of restrictions contained in Certificate of Subdivision Plat Approval recorded with Certificate of Survey No. 6560, records of Flathead County, Montana. 1.1, River backwater across insured parcel as disclosed on Certificate of Survey No. 6560, records of Flathead County, Montana. 12. Resolution No. 654 R executed by the Flathead County Board of Commissioners for zoning designation in a portion of the Willow Glen Zoning District, recorded October 21, 1993, as Doc. No. 93-294-1.1120, records of Flathead County, Montana. Continued... FILE NO.: CT-86674 PAGE 6 H 359128 13. 10' Natural Gas Easements and Drainage Easements as depicted on the Plat of Leisure Heights No. I. 14. 10-foot on the Westerly boundary reserved for future right-of-way acquisition (No access) as depicted on the Plat of Leisure Heights No, 1. 15. Natural Gas and Drainage Easement as disclosed on the Plat of Leisure Heights No. 1, 16. Utility Easment Certificate as disclosed on the pending Plat of Leisure Heights No. 2. 17. Easments on the pending Plat of Leisure Heights No. 2. 18. No access strip and 10' road reserve as disclosed on the pending Plat of Leisure Heights No. 2. The above described property is located within and subject to the jurisdiction of the City of Kalispell Fire District. DATED: July 21, 2005 at 8:00 A.M. .-: 4-1- Subscribed and sworn to before me this-- d 2005. s 4> V�SUC',-�.�oNTkN Notary Public for State of Montana 'Y €J r x ¢ Residing at My Commission Expires THE END