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14. Final Plat - Glacier Village Greens Phase 20REPORT TO: FROM: SUBJECT City of Kalispell Planning Department 17 - 2" Street East, Suite 211, Kalispell, Montana 59901. Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispeliplanning.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Jaynes H. Patrick, City Manager Final Plat for Glacier Village Greens Phase 20 MEETING DATE: August 15, 2005 BACKGROUND: This is a request for final plat approval of Glacier Village Greens Phase 20 that plats 5 single family lots and 30 townhouse lots on approximately 5.5 acres. The property is located at the northern terminus of West Nicklaus Drive on the northerly end of the development. This phase will further extend West Nicklaus Drive and the road will end in a temporary cul-de-sac that will provide an extension for future phases. The Kalispell City Council approved Glacier Village Greens Phases 14 through 22 in December of 2002 subject to 16 conditions. All of the required infrastructure has been completed. RECOMMENDATION: A motion to approve the final plat for Glacier Village Greens Phase 20 would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Thomas R. Jentz Cles H. Patrick Director City Manager Report compiled: August 8, 2005 Attachments: Letter of transmittal Final plat application and supporting documents City of Kalispell Planning Department 17 - 2"t Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 fax: (406) 751-1858 Website: kalispellplanning.com August 8, 2005 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Glacier Village Greens Phase 20 Dear Jim: Our office has received an application from Sands Surveying for final plat approval of Glacier Village Greens Phase 20 that plats 5 single family lots and 30 townhouse lots on approximately 5.5 acres. The property is located at the northern terminus of West Nicklaus Drive on the northerly end of the development. This phase will further extend West Nicklaus Drive and the road will end in a temporary cul-de-sac that will provide an extension for future phases. The Kalispell City Council approved Glacier Village Greens Phases 14 through 22 in December of 2002 subject to 16 conditions. All of the required infrastructure has been completed. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. I: 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. This condition has been met. Some minor modifications have been made to the phasing plan but the general layout is preserved. 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 and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. 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 inspected and comply with the City standards. This condition has been met. A letter from the Kalispell Public Works Department dated 2/6/04 approving the design and a letter dated 6/29/04 approving the infrastructure as installed excepting boulevard work (top soil, grass and trees) is attached. A letter dated S/ 1/05 from Parks Director Mike Baker granting approval of the boulevard improvements is attached. A letter dated 7/5/05 has been submitted from the applicant's engineer, WMW Engineering, certifying that all improvements have been installed according to approved plans and specifications. Condition No. 3: That a letter be obtained from the Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. This condition has been met. Attached is a letter dated 2/6/04 from City of Kalispell Public Works Department approving the plans and specifications for the project. Condition No. 4: That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that pertains to the stability of the slope and identifies any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. • This condition is not applicable to this phase. Condition No. 5: A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department_ This condition has been met A letter from Kalispell Public Works dated 2/6/04 approving the plans and specifications for this project has been submitted with the final plat application. Condition No. 6: That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. This condition has been met. A letter from the Evergreen Water & Sewer District 6/30/05 approving the plans and specifications for the main extension has been submitted with the final plat application. Condition No. 7: 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. • This condition has been met. The road signs for this roadway are already in place. Condition No. 8: The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. j • This condition has been met. These phases will utilize existing pre -approved mail facilities. Condition No. 9: 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 installed in the subdivision. Condition No. 10: That the parkland dedication requirements shall be net by recognizing the existing park and parking improvements as well as open space within the development. • This condition has been met. Condition No. 11: All utilities shall be installed underground. • This condition has been met. All new utilities have been installed underground. Condition, No. 12: 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 fare ffnzxrc �r�r� annacc cat aid i,p chi �TYti++cr1 cxn+� +i�a fa,��i r.lo+ `rl,- rrc. onn acn myA s........t...ted .....a u.. ..�,.— plat. . _ iii., c�uuu�� �,a 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 dated 7/ 14/05 has been submitted approving the fire access and suppression system and the fire flow tests have been completed. Condition No. 13: That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • This condition has been met. All required improvements are in place. Condition No. 14: All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. • This condition has been met per site inspection by Parks Director Mike Baker. Condition No. 15: That the boundaries of the 100-year floodplain be established and delineated on the final plat. This condition is not applicable to this phase of the preliminary plat that was approved. Condition No. 16: That preliminary approval shall be valid for a period of three years from the date of approval. • This condition has been met. This phase has been filed within the allowed timeframe. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the City Council on December lb, 2002. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-4, Two Family Residential, zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for the Glacier Village Greens Phase 20. Please schedule this matter for the regular city council meeting of August 15, 2005. Sincerely, Thomas R. Jentz, AICP Director TJ Attachments: 2 reproducible Mylars of final plat 1 blueline copy of final plat 1 reduced copy of final plat Ltr from Sands Surveying dated 8 / 2 / 05 Final plat application received 8//3/05 Ltr from Kalispell Public Works Dept dated 2 / 6 / 04 Ltr from Kalispell Public Works Dept dated 6 / 29 / 04 Certification from WMW Engineering dated 7/5/05 Ltr from Parks and Rec dated 8/ 1 /05 Ltr from Evergreen Water & Sewer District dated 6/30/05 Ltr from Kalispell Fire Dept dated 7/ 14/05 Ltr from DEQ - Municipal Facilities Exclusions dated 3/3/04 Ltr from DEQ - W & S Extension EQ#04-2204 dated 5/5/04 Treasurers Certification dated 7/ 12/05 Title report #7403078-1081 dated 7/25/05 c: Sands Surveying, Inc. 2 Village Loop, Kalispell, Montana 59901 Owl Corporation/Mark Owens, 500 Palmer, Kalispell, Montana 59901 Theresa White, Kalispell City Clerk SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 August 2, 2005 Kalispell Planning Office Narda Wilson, Senior Planner 17 Second Street East, Suite 211 Kalispell, MT 59901 Dear Narda: Attached please find the materials necessary to file the final plat for Flathead Village Greens, Phase XX. I have listed the Conditions of Approval, and then subsequently addressed how each Condition was met. Flathead Village Greens Phase XX was granted Preliminary Plat approval on December 10, 2002. 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. The subdivision is in substantial compliance with the approved preliminary plat, There have been some minor changes from the original phasing of the project, but the overall number of lots has not increased. 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 and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. 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 the final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City Standards. Attached are the letters from WMW Engineering:, the City of Kalispell Public Works Department and the Parks and Recreation Director, approving all of the above. 3. That a letter be obtained from the Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. Attached is a letter from the City of Kalispell Public Works Department approving all of the above. 4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that pertain to the stability of the slope and identify any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. This is not applicable for this portion of Phase XX 5. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. Please refer to the attached letter from Kalispell Public Works Department. 6. That the developer obtain a letter from the Evergreen Water District or their engineer approving the water amain extension and certifying that any necessary improvements have been completed. Please refer to the letter from Evergreen Water District approving the water amain extension. 7. 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. The roads were named as part of previous phases. 8. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. This has been done as part of previous phases as well. q qtr¢pt Iinhtinn AhMI ha Innatori within this ccthriivisinn nntl -,hail hp chipdrrM cn that it rinae not intrude unnecessarily onto adjoining properties. Street lighting has been installed. 90. That the parkland dedication requirements shall he met by recognizing the existing park and parking improvements as well as open space within the development. As stated. 11. All utilities shall be installed underground. Utilities are installed underground. 12. That the fire access and suppression system comply with the Uniform Fire trade 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. See attached letter from Assistant Fire Chief, Brent Christopherson. 13. That a minimum of hvo-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 14. All areas disturbed during development of the subdivision for this shall be re -vegetated with a weed -free mix immediately after development. 15. That the boundaries of the 100-year floodplein i e established and delineated on the final plate R 3. VY : ,J iP111i1 ! 6 16. That preliminary approval shall be valid for a period of three years from the date of approval with a three year extension as the final plat for each phase is filed. 17. Street tree planting shall be coordinated in partnership with the City of Kalispell Parks 3epartmerA. r: - •. s r.•. 11I IN 1I III Thank you you for your kind consideration of this application. If you should have any further questions or concerns, please do not hesitate to call Sincerely, Erica Wiirtala, Planner City of Kalispell Planning Department 17 - 2_1�1 Strev East, Suite 211 - Kalispell., Montana 59901 Telephone: (406) 751-1850 Fax-, (406) 751-1858 FWAL P"T APPLICATION Project /Subdivision Name: QLACIER VILLAGE GREENS PHASE RX Contact Person: Name: SANDS SURVEYING ,, INC Address: 2 VILLAGE LOOP X _A1J9M_kLj MT 59901 Phone No, 755-6481 Date of Preliminary Flat Approval: DECEMBER 10. 2002 Type of Subdivision: Residential �Industrial Total Number of Lots in Subdivision Land in Proiect (acres) 5.481 w I I — Parkland (acres) Cash -in -Lieu $ No. of Lots by Type: Ovrner & Mailing Address: GO I)MMLOPMENT, LLC SW PALMER IiALISPELL MT 599ok— _ATTENTION: MARK OWNS Commercial PUD —Other Exempt _XX Single Family 5 Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium _ Multi -Family Other Legal Description of the Property - S12/ NW11 ..A AND NE Y4 NWI/4 SEC. 32, T29N, R21W_... FILING FEE ATTACHED $41 Q.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 Attached Not Applicable (mu r cHzcx q1tj Health Department Certification (Original) Title Report (Original, not more than 90 days old) XX Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plaft: lopaque OR 2 mylars I mylar copy I signed blueline 4 bluelines 4 bluelines, unsigned 1 IX17 Copy I IX17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, 'all improvements are in place are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **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 boundaxies 3. Easements 4. Roads or tights -of -way 5. A tie to either an existing subdivision comer or a corner of the public land survey system wM City of Kalispell Public Works Department w Post Office Box 1997.Kalispell, Montana 59903-1997 -'telephone (406)758-7720, Fax (406)758-7831 February 6, 2004 WMW Engineering, PC 50 West Second Street Whitefish, Montana 59937 Attention: Paul L. Wells, P.E. RE: Glacier Village Greens, Phases 20 & 21 Kalispell, Montana Dear Paul: The construction plans and supporting documents for the referenced project are hereby approved contingent on the attached requirements from the City of Kalispell Fire Department. In addition, the proposed signage at the end of Palmer Drive and West Nicklaus Avenue must be approved by our office prior to Installation. Use of One Bolt. Inc. fittings is approved as requested in your letter dated January 19, 2004. 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. Sincerely W 001- Frank Castles, P.E. Assistant City Engineer Attachment: As Stated City of Kalispell Public Works Department Yost Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720. Fax (406)758-7831 June 29, 2004 Mark Owens 500 Palmer Drive Kalispell, Montana 59901 RE: Glacier Village Greens, Phases 14, 15, 16, 17 & 20 Kalispell, Montana Dear Mr. Owens: We performed site observations for the referenced Glacier Village Green Phases on June 24, 2005. The following are the results of those observations: Phase 14: Street trees and boulevard grass should be installed. Phase 15: Street trees should be installed on the west side. Phase 16: All construction appeared to meet the intent of the approved construction r r. d cu�i�e��tS. Phase 17: All construction appeared to meet the intent of the approved construction documents. Phase 20: Street trees, boulevard topsoil and boulevard grass should be installed. Please address the above repairs during this construction season. If you have any questions, please do not hesitate to contact this office. Sincerely, Frank Castes, P.E. Assistant City Engineer Cc: Paul Wells, P.E. WMW Engineering 50 West Second Street Whitefish, Montana 59937 Paul Wells, P.E. Principal Engineer July 5, 2005 Mayor Pam Kennedy and City Council Members City of Kalispell PO Box 1997 Kalispell, Montana 59903-1997 Dear Mayor Kennedy and Council Members: Consulting Engineers 50 West Second Street Whitefish, Montana 53337 Phone (406) 862-7626 Fax (406) 862-7827 Re: Glacier Village Greens, Phase 20 Be advised the the work to date for Glacier Village Greens, Phase 20, has been installed according to approved plans and specifications. 35 15' Ave East - P O Box 1997 - Kalispell MT 59903-1997 Phone: (406) 758-7718 Fax: (406) 758-7719 Email: parknrec@kalispell.com August 1, 2005 Ms. Erica Wirtala Sands Surveying 2 Village Loop Kalispell, MT 59901 Re: Glacier Village Greens Phase XX Dear This letter is to serve as approval for the landscaping requirements for Glacier Village Greens Phase XX. I inspected the tree plantings and boulevard improvements on Friday, July 29, 2005 and found all to be satisfactory. The developer has met the necessary requirements of our department to allow for the bonding and/or letter of credit to be released if applicable. It should be noted that trees are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely, Michael Baker, Director Cc: Narda Wilson Carol Kostman WMW Engineenng 50 West Second St. Whitefish, MT 59937 Attention: Lee Griswold Dear Lee: This is to certify that the water main extension for Glacier Village Greens Phase 20 has been completed. The main and appurtenances will be under warranty by the developer for a period of two years as per the extension agreement. Sincerely, Roberta Struck District Manage July 14, 2005 Sands surveying Attn: Erica Wirtala 2 Village Loop Kalispell, MT 59901 Re: Final plat approval — Glacier Village Greens, Phase 20 Dear Erica, In response to your request for final plat approval of the above -reference project we have the following information. • This department approves the number and placement of fire hydrants, fire flows, and fire department access. • The requirements for final plat for our department have been met. Please contact me ifryou have any questions. Sincerely, Brent . Christ+ Assistant Fire Chief/We Marshal Kalispell Fire Department cc! Narda Wilson, Tri-City Planning Office '-rtssisung our community in reducing, preventing, and mitigating emergencies, " Montana Department of IV eNVMONME TAL Judy Martz, Governor P.O. Sox 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us March 3, 2004 WMW Engineering Lee Griswold 50 West Second St Whitefish MT 59937 Dear Mr Griswold: RE: Glacier Village Greens Phases 20 & 21 Municipal Facilities Exclusion. EQ##04-2204 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, N/ICA. Under 76-4-125(2)(d) MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 176-4-111 (3), MCAj . Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to Public Water Supply, Kalispell Office. Sincerely, I Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau. (406)444-1801 email iskaarlanda,state.mt. us CC: City of Kalispell County Sanitarian file Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division Montana Department of 1P-ANRONMEA Judy Martz, Governor 109 Cooperative Way • Suite 105 • Kalispell, MT 59901-2389 • (406) 755-8985 • FAX (406) 755-8977 Lee Griswold WMW Engineering,PC 50 West Second Street Whitefish, MT 59937 May 5, 2004 RE: Village Greens Phase 20 & 21 W&S Extensions, EQ#04-2204 Dear Mr. Griswold: Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure. The plans and specifications are hereby approved. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. Approval is based on plans and specifications received April 28, 2004 under the seal of: Paul L. Wells, P.E.# 7378E. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of "as -built" record drawings signed by the project engineer. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project may need a storm water general permit. Please contact the Water Protection Bureau at 406-444-3080 for more information. Sincerely, a ter M. au r, nvironmental Engineer Specialist Public Wa upply Section Public Water Supply and Subdivisions Bureau cc: Flathead Village Greens Flathead Co W&S District - Evergreen City of Kalispell, Department of Public Works Flathead County Sanitarian File Centralized Services Division • Enforcement Division • Permitting & Compliance Division ^ Planning, Prevention & Assistance Division • Remedintlon l)iviSROB@ plat Rnr-.,} S Sarls� ,<S SAT ( i0E;si "' 58-5510 This Form is for Subdivisions & Condominiums Only BY: S Ite S FOR- 4�-70 �� �i��.��c-y�� � L � DATE r 1Prta.,.,S DESCP: ld L �r PURPOSE cT.J 3x-.29�� i YEARS 1999 1-! !IZU s;0 , ASSESSOR III o�7�z9�1 aao6z-)? 11 pp� 41, 1,1 0� k l erel,,, certify that there are rio outstanrlinq tars cjrr the prriporr assign—t the assessnr numbers listpd abnvv, fnr die, years Each assessor number. ftb1- T CaYM[I1 u1T - &L Z , awrsar au zn EIARNG IV UTf.RY ENBiMT CsLACIER VILLAGE .GREENS, PHASE "I" A SGYIOYV/SOIAI W THE 5112NW114 i NE1/4NW114 SEC. 32, T.29k ROW., PM,M, FLATHEAD cowry, M4NTANA PS T! w w mpY Ymat R mar YOaq allmm a Itt 6'N•1aa .m• m /fl Bi'yi•tb' s�s.m• laa.�� aOaB.m• B.BO• m�6N aKB.m• 1a 1'ai•6H >fid.m• lw_at• ii �'ii•K' iKB.m• iE {�• as K'L•aaa xaa.m• SA' RADIUS TE CUL-DE-% TICOR TITLE INSURANCE COMPANY Policy No. 74030781081 - GUARANTEE TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, guarantees the Assured against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR FURTHER INFORMATION AS TO THE AVAILABILITY AND COST. Dated: Authorized Signatory By Attest TICOR TITLE INSURANCE COMPANY President Secretary Reorder Form No. 8993 (Reprinted 12/00) Miscellaneous Guarantee Face Page For Use In Montana & Washington Certificate of Plat Guarantee No.: 7403078-1081 Order No.: 206053169 Liability: 1,000.00 Fee: S150.00 2. Effective Date of Guarantee: July 1, 2005 at 7:30 .AM The Assurances referred to on the face page hereof are: That, according to the Company's property records relative to the following described real property (hut without examination of those Company records maintained and indexed by name): A Tract of land situated, lying, and being in the South Half of the Northwest Quarter and ill the Northeast Quarter of the Northwest Quarter of Section 32, Township 29 north, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Beginning at the Northwest corner of Lot 4, as shown on the Plat of Glacier Village Greens, Phase XVI (records of Flathead County, Montana), which is a found iron pin; thence N36025'25".E 78.32 feet to a set iron pin; thence N45044'40"E 78.32 feet to a set iron pin; thence N55°03'55"E 78.33 feet to a set iron pin; thence N64°23'10''E 78.33 feet to a set iron pin; thence NN73°42'25"E 78.32 feet to a set iron pin; thence NI I '375711W 21.00 feet to a set iron pin; thence _N8304n.53,.E 98.31 feet i0 it set 1rUii pl[l; lilellce ?N87°30'00"E 164.00 feet to a set iron pin; thence N87038'17"E 83.68 feet to a set iron pin; thence N89*26'12"E 86.75 feet to a set iron pin; thence S89°30'00"E 164.00 feet to a set iron pill; thence �S00°30'00"W 1.23.00 feet to a set iron pin; thence .S02°3634"E 60.09 feet to a set iron pin; thence S04007'43"W 123.25 feet to a set iron pin; thence N89$30'00"W .16010 feet to a set iron pin; thence S84026'46"W 78.93 feet to a set iron pin; thence S87030'00"W 246.01 feet to a set iron pin; thence 583053'46"W 69.78 .feet to a set iron pin; thence S58043'00"W 70.00 feet to a set iron pin ;thence N26043'56"W 12183 feet to a set iron pin on the Southerly .RIW of a 60 foot road and utility easement, which is on a 320.00 foot radius curve, concave Southeasterly (radial bearing S34°39'14"E); thence Southwesterly along said R/W and ;along the curve through a central angle of 23°34'59" and are length of 131.71 feet to a found iron pin on the Northerly boundary of said flat of Glacier Tillage Greens, Phase XVI; thence leaving said l2fW and along said Northerly boundary N58°14'12"W 162.00 feet to the point of beginning. The above described tract of land shall hereafter be known as: Glacier Village Greens, Phase XX Title to said real prMrty is vested in: Go Development, LLC a Montana Limited Liability Company Subject to the matters shown below under Exceptions, which exceptions are not necessarily shown in the order of their priority. EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on Real Property or by the public records. 2. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, Tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. 4. Taxes, including any assessments collected therewith, for the year 2005 which are a lien not yet payable. 5. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: waterworks system Recorded: July 14, 1906 Instrument No.: 3491 in Book 54 Page 635 AND recorded March 6, 1915 Instrument No. 697 in Book 112 Page 332, of Official Records. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted. to: Pacific Power & Light Company. Purpose: Public Utilities. Recorded: March 17, 1958, Instrument No.: 1704 Book 414, Page 455, of Official Records. 7. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: Flathead County Water District No. 1. Purpose. Public Utilities. Recorded: August 3, 1967. Instrument No.: 67-5082 Book 489, Page 863, of Official Records. Covenants, conditions and restrictions, of the Bluffs Subdivision but omitting any covenant or restriction,basedon race, color, religion, sex, sexual orientation, disability, handicap, familial status, marital status ancestry, national origin or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law.. Recorded: June 16, 1982, Instrument No.: 82-8662 Book 741, Page 511, of Official Records. 9. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: Northwestern Telephone Systems, Inc. Purpose: Public Utilities. Recorded: November 8, 1985. Instrument No.: 85-312-1154-0, of Official Records. 10. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, containedin Document: Purpose: Certificate of Inclusion of Additional Territory into Flathead County Water District #1 - Evergreen Recorded: March 26, 1986 IncinimPnt Nn • kfi_095_1141 _0 of (Wir.ial Reenrile ..tau •a ..�.......- �..... .. .- .. �— �.. � .., � .. ....«�...< «--..r...... I l . Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Village County Sewer District Levy Recorded: September 2, 1988 Instrument No.: 88-246-0938-0, of Official Records. 12. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Articles of Incorporation of Glacier Village Greens Homeowners Association, Inc. and By -Laws of Glacier Village Homeowners Association Inc. Recorded: November 17, 1988 Instrument No.: 88-322-1342-0, of Official records. 13. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: the development of Glacier Village Greens Recorded: October 5, 1989 Instrument No.: 89-278-1125-0, of Official Records. 14. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Interlocal Agreement regarding Flathead County Water & Sewer District No. I - Evergreen Recorded: October 25, 1990 Instrument No.: 90-298-0920-0, of Official Records. 15. Covenants, conditions and restrictions, but omitting any covenant or restriction based on race, color, religion, sex, sexual orientation, disability; handicap, familial status, marital status ancestry, national origin or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law.. Recorded: November 14, 1991. Instrument No.: 91-318-0921-0, of Official Records, 16. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Interlocal Agreement regarding Sanitary Sewer for Evergreen Water and Sewer District Recorded: November 17, 1991 Instrument No.: 91-331-1137-0, of Official Records. 17. Covenants, conditions and restrictions, of the Bluffs Subdivision but omitting any covenant or restriction based on race, color, religion, sex, sexual orientation, disability, handicap, familial status, marital status ancestry, national origin or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law.. Recorded: March 26, 1993. Instrument No.: 93-085-1233-0, of Official Records. 1 S. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: The Montana Power Company. Purpose: Public Utilities. Recorded: October 20, 2000. Tnctrumani Nn • ')000-?.t14-0()f)1-0 of Official Record" 19. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Resolution No. 4590 regarding annexation to the City of Kalispell Recorded: November 2, 2001 Instrument No.: 2001-306-0907-0, of Official Records, 20. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted to: Flathead Power Co.. Purpose: Public Utilities. Recorded: February 28, 2002. Instrument No.: 2002-059-1005-0, of Official Records. 21. An easement for the purpose shown below and rights incidental thereto as set forth in a document, Purpose: pedestrian and golf cart traffic. Recorded: March 13, 2002. Instrument/File No. 2002-072-1647-0, of Official Records. 22. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Conditions of approval as recommended by the City of Kalispell Recorded: November 5, 2003 Instrument No.: 2003-309-1435-0, of Official Records. 23. Terms, provisions, covenants, conditions, definitions, obligations, reservations and restrictions, contained in Document: Purpose: Resolution No. 4761, An Annexation to be known as Glacier Village Greens, Phases 14 through 22 addition No. 320 Recorded: December 31, 2002 Instrument No.: 2002-365-1150-0, of Official Records. 24. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted to: Glacier Village Greens Homeowners Association, Inc. Purpose: Thirty foot irrigation and access easement. Recorded: December 8, 2004, Instrument/File No. 2004-343-1154-0, of Official Records. 25. Easements, reservations, restrictions, notes and/or dedications as shown on the preliminary plat of Glacier Village Greens Phase XX to be recorded. 26. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat Approval, recorded with Glacier Village Greens Phase XX, of Official Records. MOTE: the above described property appears to be in Evergreen Fire 1 Fire District. END OF SCHEDULE B REPRESENTATION OF THE LOCATION OR EXISTENCE OF TRACTS ur Kt=UUM), MLIK bUUNVAKlt5 UK � "This i i 74f468 ARCEL Q 1A1�iA DD ;- i� r'z J _ 9 R ] 6 i9 1B 17 16 15 14 13 1 22 y miss'( TRH 12 � � ,nc 1AG 34 11 7 I 23- Z J' a2 J1 28 10 a 1 7 i 10 34 27 2B ! 13 24 9 g 4 I 8 14 26 = 25 I 10 MISSION WAY 3 11 ! -1 2 3 4 5 6 12 1 13 6 i � 19 18 17 16 15 14 2 13 I PARK ; £ 1A v 1 1A+] 5V MISS16N WAY ! 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