07. Final Plat - Westview Business CenterTri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@eenturytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
SUBJECT Final Plat for Westview Business Center
MEETING DATE: May 16, 2005
BACKGROUND: This is a request from Thomas, Dean and Hoskins on behalf of their
client .for final plat approval of Westview Business Center, a five lot commercial
subdivision located on the east side of North Meridian Road and north of Three Mile
Drive. The property is zoned B-2, General Business, and contains approximately 4.610
acres.
The Kalispell City Council approved this subdivision subject to conditions on July 6,
2004. All of the conditions have been met or are otherwise adequately addressed. There
is some remaining landscape work that has not been completed and a Subdivision
Improvements Agreement has been submitted with this plat in the amount of $60,000
which covers the cost of the improvements plus 25 percent as required in the Kalispell
Subdivision Regulations. A letter of credit has been submitted with the final plat to cover
the cost of the improvements with the improvements anticipated to be completed by
August 1, 2005. The Subdivision Improvements Agreement includes more work than
actually needs to be done since most of the work has been completed since the SIA was
prepared. No parkland dedication is required because this is a commercial subdivision.
RECOMMENDATION: A motion to accept the Subdivision Improvements Agreement 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 A. Wilson
Senior Planner City Manager
Report compiled: May 10, 2005
Attachments: Letter of transmittal
Final plat application and supporting documents
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricityCcenturytel.net
May 10, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Westview Business Center
Dear Jim:
Our office has received an application from Thomas, Dean and Hoskins on behalf of
their client for final plat approval of Westview Business Center, a five lot commercial
subdivision located on the east side of North Meridian Road and north of Three Mile
Drive. The property is zoned B-2, General Business, and contains approximately
4.610 acres.
The Kalispell City Council approved this subdivision subject to conditions on July 6,
2004 subject to conditions. All of the conditions have, been met or are otherwise
adequately addressed through a Subdivision Improvements Agreement. There is some
remaining landscape work that has not been completed and a Subdivision
Improvements Agreement has been subaxaitted with this plat in the amount of $60,000
which covers the cost of the improvements plus 25 percent as required in the Kalispell
Subdivision. Regulations. A letter of credit has been submitted with the final plat to
cover the cost of the improvements with the improvements anticipated to be completed
by August 1, 2005. The Subdivision Improvements Agreement includes more work
than actually needs to be done since most of the work has been completed since the
SIA was prepared. No parkland dedication is required because this is a commercial.
subdivision.
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. 1. That the final plat for the subdivision shall be in substantial
compliance with the approved preliminary plat. (Kalispell Subdivision Regulations,
Appendix C - Final Plat)
• This condition has been met. The final plat is in compliance with the preliminary
plat that was approved.
Providing Community Planning Assistance To:
City of Kalispell » City of Columbia Falls • City of Whitefish •
Final Plat for Westview Business Center
May 10, 2005
Page 2
Condition No. 2. That the plans and specifications for all public infrastructure be
designed and installed in accordance with the Kalispell Design and Construction
Standards and a letter shall be obtained stating that they have been reviewed and
approved by the Kalispell Public Works Department. (Kalispell Subdivisions
Regulations, Chapter 3, Design Standards, Section 3.01).
• This condition has been met. A letter from the Kalispell Public Works Department
approving the plans and specifications and another letter approving the work to date
has been submitted with the final plat.
Condition No. 3. The following requirements shall be met per the Kalispell Fire
Department and a letter be obtained from the department stating that the following
requirements have been met (Kalispell Subdivision Regulations, Section. 3.20).
a. Water maims designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance
with Uniform Fire Code (1997) Appendix III -A.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
e. Fire Department access shall be provided in accordance with Uniform Fire Code
(1997) Article 9.
+ This condition has been met. A letter from the Kalispell Fire Department outlining
the approval for the subdivision has been submitted with the final plat.
Condition No. 4. That a letter be obtained from the Kalispell Parks and Recreation
Department stating that 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. (Kalispell Subdivision Regulations,
Section. 3.11) .
« This condition has been met. A letter from the Kalispell Parks and Recreation
Department approving a landscape plan for the project has been submitted with the
final plat.
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 (Kalispell Subdivision Regulations, Section. 3.09).
• This condition has been met. A letter from the Kalispell Fire Department and
Kalispell Public Works Department has been submitted with the final plat. The
signs are included in the subdivision improvements agreement.
Final Plat for Westview Business Center
May 10, 2005
Page 3
Condition No. 6. The developer shall provide a letter from the U.S. Postal Service
approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22).
• This condition has been met. A letter from the USPS approving a mailbox location
has been submitted with the final plat.
Condition No. 7. Street lighting shall be located within the subdivision and shall be
shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell
Subdivision Regulations Section 3.09(L)).
• This condition has been adequately addressed. The street lights are included in the
subdivision improvements agreement.
Condition No. S. All utilities shall be installed underground. (Kalispell Subdivision
Regulations, Section 3.17).
• This condition has been. met. The utilities have been placed underground.
Condition No. 9. 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. More than two-thirds of the improvements for the
subdivision have been completed with the remaining improvements being covered
under the subdivision improvements agreement.
Condition No. 10. All areas disturbed during development of the subdivision shall be
re -vegetated with a weed -free mix immediately after development.
• This condition has been adequately addressed. Revegetation of the disturbed areas
will take place after construction is completed and is included in the subdivision
improvements agreement
Condition No. 11. That preliminary plat approval shall be valid for a period of three
years from the date of city council approval. (Kalispell Subdivision Regulations,
Section 2.04).
• This condition has been met. The final plat has been submitted prior to the expiration
date.
COMPLIANCE WITH APPROVED PRELIMINARY PLAN'
The final plat is in substantial compliance with the preliminary plat which was
reviewed and approved by the Kalispell City Council on July 6, 2004.
Final Plat for Westview Business Center
May 10, 2005
Page 4
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 B-2, General Commercial, 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 Westview Business Center. Please schedule this
matter for the regular city council meeting of May 16, 2005.
Sincerely,
Narda A. Wi son
Senior Planner
NW
Attachments: Vicinity map
l opaque mylar of final plat
1 reproducible mylar of final. plat
1 copy of final plat
Letter from TD&H dated 5/3/05
Final plat application dated 2/ 14/05
Ltr from Montana DEQ dated 8/ 13/04
Ltr from Kalispell Public Works dated 8/ 11/04
Ltr from Kalispell Public Works dated. 5/4/05
Ltr from Kalispell Fire Dept dated 3/3/05
Ltr from Parks and Rec dated 2 / 24 / 05
Ltr from USPS dated 2/22/05
Subdivision improvements agreement dated 2/ 14/05
Engineers certification dated2 / 11 / 05
Ltr of credit from Glacier Bank dated 2/ 1'7/05
Treasurers certification dated 2/ 18/05
Title report dated 4/29/05
Final Plat for Westview Business Center
May 10, 2005
Page 5
Consent to plat from Glacier Barak dated 1/24/05
Declaration of covenants, conditions and restrictions
c: TD& H, 31 Three Mile Drive, Smite 101, Kalispell, MT 59901
Ronald Barnes, #101, 150 Country Hills Landing NW, Calgary,
Alberta Canada T3K5P3
Theresa White, Kalispell City Clerk
GLACIER
BANK
PO Box 27, Kalispell, MT 59903
ijnf-\ "71ZA A ) 7 ? F w. lAflr-1 -7<4 J'MA
{^rvv) i r -'. ) "'k L-rvv) / J V- TZ-u-t
.February 17, 2005
City of Kalispell
312 1" Ave. E.
Kalispell, MT 59901
RE: Ronald Barnes.
Irrevocable Letter of Credit No. 1-05-249
Amount: $60,000.00
Expiration Date: February 1.7, 2006
Glacier .Bank has established an Irrevocable Letter of Credit in your favor at the request
of and for the account of Ronald Barnes, #101, 150 Country Hills Landing NW, Calgary,
AB T3K 5P3, up to the aggregate amount of SIXTY THOUSAND AND 00/100 US
DOLLARS ($60,000.00), to cover paving in the Westview Business Center.
If Ronald Barnes fails to complete the specified improvements in the Westview Business
Center within the time period set forth in the attached Improvements Agreement, 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 install improvements not installed in conformance
with the Improvements Agreement and specifying the default or defect in question.
Said funds are available by presentation of your sight draf(s), which clearly specifies the
number of this Letter of Credit and shall be presented at the office of Glacier Bank, 202
Main Street, Kalispell, MT 59901. All drafts must be presented prior to the expiration
date stated above, and this Letter of Credit must accompany the final draft for payment.
Draft(s) drawn in conformity with the conditions of the credit will be honored by us if
presented at our office on or before February 17, 2006.
This letter may not be withdrawn or reduced in any amount prior to its expiration date
except by your draft or written release.
website., www.glacierbank.com email.- g
LENDERMEMBER FDIC AN EQUAL OPPORTUNITY
City of Kalispell
February 17, 2005
Page 2
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 Commerce Document No. 500.
Sincerely,
a
Peter J. Davis
Vice President
PJD/djb
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
2005, by and between the City of Kalispell, Party of the First Part and hereinafter referred to as4he CITY,
and Ronald Barnes (Developer) an Individual located at 150 Country Hills Landing NW #I01 Cal -a
Alberta Canada T3K5P31 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
_Westview Business Center located on the east side of North Meridian Road. north of Three Mile Drive
and.
WHEREAS, the City has conditioned it's approval of the final plat of Westview Business
Center, upon the conditions as set forth in the Preliminary Plat of the Westview Business Center #4907
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 B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$48�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, or other acceptable
collateral as determined by the City of Kalispell, in the amount of $60.000.00 Said
Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days
following the date set for completion of the improvements, certifying the following:
a) That the creditor guarantees funds in the sum of $60,000 _ the estimated cost of
completing the required improvements in Westview Business Center,
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 letter;
That said required improvements shall be fully completed by August 1. 2005,..
3. That upon completion of the required improvements, the Developer shall cause to be tiled
with the City a statement certifying that:
a) All required improvements are complete and comply with preliminary plat conditions
specified in Exhibit "A";
Page 1 of
J:\2004tK04-009\KO4-009-005 -0091KO4-009-005 Final P1atlWordlSUBDIVISION IM.PlI OVEMEN'I' AGREI MI,'.,N.1'.doe
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
a �rainct omi and n11 AfA—tc f— n —;-A —F— (I frnm ft— A.+f of an.. a�r.tnr..�a 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) A licensed professional engineer shall certify that all road improvements for the
subdivision is complete and comply with City of Kalispell Subdivision Regulations
and all related conditions of preliminary plat conditions as specified in Exhibit "A".
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 substantial conformance with said specifications.
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 employee 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.
Pave 2of3
J:120041KO4-0091KO4-009-005 Final P1at\WordISU1ADTVISI0N IMPROVEMENTAGREEMENI'.doc
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
BY: _ ^-
Ronald Barites
r
Mate of
C-am y of ss.
On this day of 2005, before me, the undersigned, a Notary Public in and
for the Ste+e of > personally appeared, 7FS t1r*+00. A 4t�t S!
known to me to be the person whose name is subscribed to this instrument, and acknowledged to rate that he/she
executed the same.
— r Signature ofNotaty -""'' AVID 1. GO€ 8LIE
Barrister& Solicitor
Printed ortyped nmneofNotary 5502 - ti i Street N.W.
E 4tgarv, Alberta T2K 1 B
(seal) Notary public for the St of
Residing at:y,...,,,,,.._,.__��r"�
My Commission Expires. -
Barrister & sr)1icitor
"-60 m �H pia€ 'i `e
erta 2 162
-e : . Alb `
MAYOR, CITY OF KALISPELL ATTEST:
UN
MAYOR
Page 3 of 3
By:
FINANCE DIRECTOR
J:120041KO4-009iKO4-009-005 Final P1a.tlWordi SUBDIVISION IMPROVEMENT AGREEMENT.doc
RESOLUTION NO.4907
A RESOLUTION' CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
WESTVIEW BUSINESS CENTER, MORE PARTICULARLY DESCRIBED AS LOT 5,
HALL ADDITION #82 LOCATED IN SECTION 6, TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Ronald Barnes, the owner of certain real property described above, has petitioned for
approval of the Subdivision Plat of said property, and
WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section.
2.05 (Preliminary Plat Process -Minor Subdivision), Subdivision Regulations of the
City of Kalispell, and
WHEREAS, the Tri-City Planning Office has reviewed the proposed subdivision and made a
report (#KSR-04-3) to the City Council of the City of Kalispell, said report
considering the criteria set forth in Section 76-3-608 MCA, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 6,
2004, reviewed the Tri-City Planning Office Report #KSR-04-3, and found froze the
Preliminary Plat, and evidence, that the subdivision is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS: .
SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report
#KSR-04-3 are hereby adopted as the Findings of Fact of the City Council.
SECTION 11. That the application of Ronald Barnes for approval of the Preliminary Plat of
Westview Business Center, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
That the final plat for the subdivision shall be in substantial compliance with the approved
preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final Plat)
2. That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and a letter shall be obtained
stating that they have been reviewed and approved by the Kalispell Public Works Department.
(Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
3. The followingrequirements shall be met per the Kalispell Fire Department and a letter be
obtained from the department stating that the following requirements have been met (Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
Uniform Fire Code (1997) Appendix III -A.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with Uniform Fire Code (1997)
Article 9.
4. That a letter be obtained from the Kalispell Parks and Recreation Department stating that 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. (Kalispell Subdivision Regulations, Section 3.11).
5.' 'The public: road within the subdivision shall be namedand-.sighed 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. (Kalispell
Subdivision Regulations, Section.3.09).
6, The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
T street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L)).
All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
_ram A_-__� _r 7__ _ __�__, ___ r__ �L__ I- _ ____ _y__ll 1 _
9. That a IlilllililUfiI of live- 1ll-MAN V Life i1cC�5sai:y iiiria�LlWwLulc 1U1 MIS SUUU1V1s1Vff SfJ.iia1 o
completed prior to final plat submittal.
10. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
11. That preliminary plat approval shall be valid for a period of three years from the date of city
council approval. (Kalispell Subdivision Regulations, Section 2.04).
,SECTION III. The classification of said premises under the Kalispell Zoning Ordinance
shall not be changed by the action.
SECTION IV. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 6TH DAY OF DULY, 2004.
amela B. Kenne
Mayor
ATTEST:
T eresa White
City Clerk
EXHIBIT B
This agreement specifically includes the following improvements, their projected
construction completion date and estimated construction costs.
CHECK CONSTRUCTION % ESTIMATED
REMAINING APFR. COMPLETION COMPLETE CONSTRUCTION
IMPROVEMENTS BOX DATE COSTS
Street Grading/Paving X May 2005 90% $16,000.00
with mailbox turnaround
Street Base
X
Complete
with mailbox turnaround
Sidewalks
X
May 2005
90%
Curbs and Gutters
X
Complete
Sanitary Sewers
X
May 2005
90%
Mains
Other( )
On -Site Sewage Facilities
Water Systems
X
Complete
Mains
Other ( )
On -site Water Supply
Water Storage Tanks
Fire Hydrants
X
Complete
Storm Sewer or Drainage
X
May 2005
90%
Facilities
Street Signs
X
May 2005
20%
Street Lighting
X
May 2005
0%
Street Monuments
Survey Monument Boxes
Landscaping
X
May 2005
20%
Other ( )
SUBTOTAL
FEES
TOTAL COSTS
TOTAL COLLATERAL (TOTAL COSTS x 125%) $60,000.00
Total Contract Amount: $149,932.35
Ali ,D,
182PE
$10,500.00
$5,000,00
$5,000.00
$500.00
$5,000.00
$6,000.00
$48,000.00
-0-
$48,000.00
EXHIBIT C
CERTIFICATE OF ENGINEER
L. William. D. Boger, a Licensed Professional Engineer in the State of Montana, acting on behalf of
Thomas, Dean & Hoskins, Inc., do hereby certify:
Estimated costs in Exhibit B attached hereto are true and accurate;
Work completed has been completed in accordance with the approved plans and specifications, standards
of the City of Kalispell and the State of Montana.
Pao day
Done this Pday of, 2005.
Certificate of_Notary
State of Montana
County of Flathead
William D. Boger
On thisday of , 2005. before me the undersigned, a Notary Public for the State
of .Montana, personally appeared V.1[ known to me to be the person whose
name is subscribed to the forgoing instrument and acknowledged to the that he executed the s me.
Notary Publ�for'
�ieState
°.4 Residing at
" y. My Commission Expires on t
�, x
M 3. 2005
I "arda \V ikon;
MOW (..egi nal Development Office
;23 F ifdt A.y-mine East
a!ispell, 59901
o sigm�d application loan t -aind Sec (�'60 }.00)
OrE4nul Title Report
Fax Corti(ication
,� Subdivision Improvement Agrectuivht
4 DEQ C ortiflcation
0 DQclacation ofCovenants, Candid m, Rostrict: ons and E -ssOnt
The following were conditions of Baal plat:
1. The S«bd.ivision is in suibstantial cE,.nhpliance with the Preliminary plat Conditions (Dated
,lily C, 2004)
2. `i,lhe plans and specif cations for all public infrastructure.have been designed and installed
I accordmme with the (TY cif,Kalispell Design and Construction Standauds. An approval
letter lroun the City of Wspel g PirbHc !Vmk DepE rtmunt and an, vIh4111Gt a'4 E'i'tli icf ttoi7.
are aRc`1dwd.
✓. ': Itter i:rom the City Of .Ka i_-1. ell Fire �! D;1.3e1S''bmc nt- lF_.._. r),Len a checi regarding the.
d yy �i�h C-
a. Water main design and To flo—,vs rv=urc d iga'.e: rx accordalle0 with Ih
a�plicablc standards an6 revic.Nv d by the D i arr i-,at t of Envirt3samc utal, Q J"Y
s I Mt'F'e hh ' AT, S� i' e .z - Knd'i p eal, AIT 5 901 - (406) MASS - fiIX (406) 7.52- 2 0
unklo Cio of KaHyeH PuNk W'Oi�,:s anti Fuv'
ty lire Hydrant 11"'I-"- U;1 apprmed, Ap.!'-roval i"-'Ut�- Froll, Cjt� t"F(-
'Firc ice, --o'ta:;'he(L
y. Fir'c 'Ikoallnlc:iit access has beon approved. jc'm,r is' tacikcd'
4. The ImKicaping plan, including Ac p1memom of news whh! a Hw%w Wdsc-ay
boulward imm bow )iid apmed b, Te Oy (I KnhycH Has aW
Recrealbu
�:�n hnt Kota V�moh Ow� A 7� ivr m-
6. 1 qqmed a counmn wmH dslkuqJke Ir le SCE h1vishm. Uncr in wachc&
7. Street ljhkigi lo 'Ibc cons'�uuaed as pan ofle Met inipromments undur the Npecial
I Agruemen, W! be localk-,d ind shielded per [.h=c apphc�flo!c
S. AH uWAs W he WON undwyrmnvL per appmved Qns and spWONow,
I At a inkhmw-z, 66N, of tbe iiuprovements have been cons wumod. W aumchcd Speck]
Improvement Agreement and attachcd ilott.or oferedit will be followed in campicting we
comdumin of dw rmnainder.
10. Per the Speck! improvement Agmerrunt and in accordance "M the approwd plans and-
specibcatkus, areas dBlurbed dwing camshud5n. QU be mwgwaed
11. lle prefirnina' Plat approval is valid Cor three years fronn the dalapp-ovd, Ju,;y 6,
2004.
Pluse GC nUm us ifyou. h-avo any gift, sbon s.
TVD B: xv b
sin ugly,
11-10MAS, DEAN & HOSKIIN, NC
'iflil-u-n. D. BogerP.I..-'.
F&A TVA w? AM NmNKMA Wh-
Montana Department of
I sR�`17 T IrYl rl% WfA X Yr'VV Tr� , Y f ` t Y X Y If ��r�� I ;
V I J ;yl I MINI :li - k li_d 'v U A. 11 X
P,0. Box 200901 - Helena, - r 59620-0901
August 13, 2004
Thomas, Dean & Hoskins
Lisa M Wurster EIT
690 n Meridian Suite 101
Kalispell MT 59901
Dear Ms Wurster:
(406) 444-2-544�oV
�_.:.....
Judy M Martz, Governor
deq-state- t.us
RE: Westview Business park
Municipal Facilities Exclusion
EQ#05-1208
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, MCA. 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 trust be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed {76-4-111 (3), MCAT T. 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 the Public Water Supply Section, Kalispell Office for their review.
Sincerely, f
. f 2
Janet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 — email jskaarland@state.mt.us
cc: City Engineer
County Sanitarian
file
Ccnn FaHzee scrsfcvs T)MAEOD e EDR)r"m-ent'2h'i-,k'n s ;'errs€i�linr & E;ompl Lnct DJI�S na - ielLpning, Prb.vawion a AsMstq €ce Division ® Rcmcdisats€,n YN€ isjoh
I
City of Kal ' i -spell Public Works Department
post Offince Box 1997, Kafispell. Montana 5,91X)-3 3-11997 - TlAphonc f-106175,i-7720- Fax (406)-,58-'7831
August 11, 2004
Lisa M. Wurster, E.I.T.
Thomas, Dean & Hoskins, Inc.
690 North Meridian, Suite 101
Kalispell, Montana 59901
RE: Westview Business Center
Kalispell, Montana
Dear Lisa:
The construction plans and supporting docurnents for the referenced project are hereby
approved. Attached is your copy of the letter of approval sent to the Flathead City -
County Health Department.
We look forward to working with vou on this oroiect.
Sin7crely,
Frank Castles, P.E.
Assistant City Engineer
Attachment: As Stated
%',-,'-I'ty
of Kalispell
Public Works
Department
€ s! Office Box 1997. Kalispell, Montana 5)(X) -.1 9 f - Telephone (406V755-7720. Fax (406)75- t ,1
Ronald Barnes
150 Country Hills Landing NW
#101 Calgary
Alberta, Canada T3K5P3
c/o William D. Boger, P.E.
TD&H
31 Three Mile Drive, Suite 101
Kalispell, Montana 59901
Re: Westview Business Center
Kalispell, Montana
Gentlemen:
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. William D. Boger, P.E. certification 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 cost for the
landscaping. The Subdivision .improvement Agreement is certified by William D.
Boger, 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 May 4, 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.
Sincerely,
Frank Castles, P.E.
Assistant City Engineer
Cc, Narda Wilson, Senior Planner
Tri-City Planning Office
Randy Brodehl - Fire Chief
Jim Stewart - Assistant Chieffl'.revention
March 3, 2005
TD&H
Attn: Bill Boger
690 North Meridian, Suite 101
Kalispell, MT 59901
Re: Final plat approval — Westview Business Center
Dear Mr. Boger,
312 First Avenue East
Kalispell, Montana 59901
(406) 758-7760
FAX: (406) 758-7952
In response to your request for final plat approval of the above -reference project we have
the following approval.
1. Fire hydrant locations and fire department access are approved by this department.
2. It is our understanding that improved surfacing at the access approach will be
r%rn%rirtQt4 nrinr fn rnmKi jC+W,= rnnefrl rnfinn
V1 V V I%Air l/1 - 4w wl l lNadVt/MIV HIV tj l VL/V11.
3. It is our understanding that street signage will be provided prior to combustible
construction.
Please contact me if you have any questions.
Sincerely,
F'
Jim Stewart
Assistant Fire Chief/Fire Marshal
Kalispell Fire Department
cc: Narda Wilson, Tri-City Planning Office
"Assisting our eommurrity in reducing; preventing, and mitigaling emergencies. "
35 1r" Ave East- P O Box 1997 - Kaiisoell MT 59903-1997
Phone: (406) 758-7718 FaK- (406) 756-7719
Email: parknrec@kalispell.com
February 24, 2005
Mr. Richard Swan
Thomas, Dean and Hoskins, Inc.
690 N. Meridian, Suite 101
Kalispell, MT 59901
Re: Westview Business Center
Dear Richard:
This letter is to serve as approval on the proposed landscaping plans submitted for
preliminary plat approval on Westview Business Center. Per the plans 13 trees will be
places in the 5' turf boulevard. Trees need to be of a minimum 2 YV caliper of a species
from the enclosed list. It is recommended that the developer consider planting a tree
per Lot #3, #4 and #5 where there is no boulevard.
Final approval will be given upon completion, inspection and approval of the
landscaping and tree plantings, at which time bonding would be released if it is in place.
It has been enjoyable working with you, if you have any concerns or questions please
give me a call.
Sincerely,
i ..:� i �� Viz,. - - 4
�� O� ems;
Michael Baker, Director
Cc: Narda Wilson, Tri-City Planning
U ITE ST11T °S
POST L SERVICE
350 N MERIDIAN RD
KAL.ISPEL.L., MT 59901-9998
February 22, 2005
Thomas, Dean, & Hoskins, Inc.
690 North Meridian Road, Suite 101
Kalispell, MT 59901
RE: Westview Business Center
To Whom It May Concern;
Delivery for Westview Business Center has been approved for Cluster Box Unit
(CBU) delivery in a turnout format. The developer will provide one 8-unit CBU and a
4-foot x 4-foot cement pad. Please see attached map for the approved location.
The mailbox turnout must be a minimum of 30 feet long plus an additional four feet
-Fier t'Dr t -InA ran rnr-,r 1-1- rn-..iri. r! Thr� F� .r.r r.. ��i in F.. h.-. .ZF i..nn+ -I n f--+ i -4-
IVI -Gz% 11 \l L. %a cal I%A FC4t C,GI IVi.i 1�G1 IU%JUII d. I I le turnout is o be at Iteasi I V IGG€ YYIUV
so that the mail carrier's vehicle or customer's vehicle will be completely off the
roadway while stopped at the mailboxes. This ten -foot width will be a flat level
surface. The turnout, combined with the developed road surface, will provide an
area wide enough for the mail carrier to completely turn around without having to
back up (at least 70 feet total width.) CBU's are to be installed at the mid point of
the turnout.
If you have any questions regarding this matter, you may contact me at 755-6450.
Sincerely,
l
14",111� ,
Pennie Ulvila
Carrier Supervisor
Enclosure
WESTVIEW BUSINESS CENTER
�J
SCALE
r
G4N��� P�vlcl�
Z u A6ve,
STANDArPO SASE DETAIL N4. i
Too
General Notes:
1. Concrete: 3000 psi @ 28 days, 6% air entrainment 3" slump, place in accordance with
ACI-301.
2. Reinforcing steel: ASTM A61S. grade 60.
3. Anchor bolts: Provided by LISPS with template.
4. _
5. This base detail can be used For neighborhood delivery and collection box units (NDCBU),
Cluster boxes and parcel lockers with 4" x 10" bolt pattern.
6. Required expansion bolt capacity, based on calculated design load= 3100lbs tension, 2000
Ibs shear.
FACILITIES DEPARTMENT
Art/zf�-
�+ users
kPPRG B -- �' WASHINGTOTL D.C. COO REF.
x nszor+ DATE IP UNITED STATES PO'STAL SERVICE
Attachment 'I 1
AMERICAN LOCKER
608 Allen Street
Jamestown NY 14701-3966
CLUSTER BOX UNITS
CBU TYPE I, 8 unit
$829
CBU TYPE 11, 12 unit
$842
CBU TYPE Ill, 16 unit
$887
CBU TYPE IV, 13 unit
$823
OPL (Parcel locker)
$243
REPLACEMENT PEDESTALS
CBU TYPE 1, 8 unit $110
CBU TYPE 11, 12 unit $110
CBU TYPE 111, 16 unit $ 65
CBU TYPE IV, 13 unit $ 65
OPL Pedestal $ 65
AUTH-FLORENCE
591 Mitchell Road
Glendale Heights IL 60139-2582
CBU Sales
(800) 828-9118
(716) 483-2822 FAX
Denny Lawson
(800) 275-1747
(630) 545-1896 FAX
Remittance Address: Auth-Florence, Lock Box 97186, Chicago IL 60678-7186
CLUSTER BOX UNITS
CBU TYPE I, 8 unit
CBU TYPE 11, 12 unit
CBU TYPE III, 16 unit
CBU TYPE IV, 13 unit
OPL (Parcel Locker)
$794
$849
$859
$839
Not Available
REPLACEMENT PEDESTALS
CBU TYPE I, 8 unit
$130
CBU TYPE 11, 12 unit
$130
CBU TYPE 111, 16 unit
$100
CBU TYPE IV, 13 unit
$100
OPL Pedestal
Not Available
CSU Suppliers
Plat Room
Flathead County, Montana
800 S. Main St_
Kalispell, MT 59901
(406) 758--5510
This Form is for Subdivisions & Condominiums Only
i3Y: TD V- H
FOR:
DATE 1�
DESCP: PURPOSE
C L. ,
YEARS ASSESSOR It
2000 THRU ® __
& TO DATE
i hereby certify that there are no outstanding taxes oil the property
assigned the assessor numbers listed above, for [lie years indicated for
each assessor number.
Deputy Treasurer
(S ea EB 18 27 5
CONSENT TO PLATTING
Pursuant to Section 76-3-612, Montana Code Annotated, 1979, the undersigned, acting on behalf of
Glacier Bank, being an owner of interest in the -property to be subdivided as:
WESTVIEW BUSINESS CENTER SUBDIVISION
do hereby consent to the platting of said subdivision.
GLACIER BANK
By:
CERTIFICATE OF NOTARY
State of A)n vf�y' )
9 E
County of E �' � s, L) ss:
On this day of 2005, before me the undersi ed, a Notary Public for
the State of 1 i , .personally appeared ,
known to me to be the person(s) whose names are affixed to the Consent to Platting and acknowledged to
me that they executed the same.
i�agi?iYygg,z= 'l {?
�.iY41 '' I f33 `
5 r Notary Public for the State of
�0 Residing at
� My Commission Expires $ , �7
WESTVIEW BUSINESS CENTER
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENT
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENT is made
this day of April, 2005, by RON BARNES, hereinafter referred to as "Declarant."
WHEREAS, Declarant is the owner of that certain real property situated in Flathead County, Montana
described on that plat entitled "Westview Business Center."a copy of which is attached hereto as Exhibit A, which
real property is more specifically described as follows:
Westview Business Center, being a resubdivision of Lot 5, Hall Addition No. 82,
located in the Southwest Quarter of the Southwest Quarter of Section 6, Township
28 North, Range 21 West, P.M.M., City of Kalispell, Flathead County, Montana.
WHEREAS, Declarant will convey the real property described herein consisting of five (5) lots subject to the
Covenants, Conditions, Restrictions and Easement as hereinafter set forth.
1. All real property described hereinabove shall be acquired, held, and transferred subject to these Covenants,
Conditions, Restrictions and Easement. Accordingly, these Covenants, Conditions, Restrictions and
Easement shall attach to and run with the land. Every person who by deed, contract, lease, or any other
manner acquires any real property interest in any of said lots (each an "Owner") shall be deemed to have
accepted such deed, contract, lease, or interest subject to all of the Covenants, Conditions, Restrictions and
Easement herein stated. Each Owner's respective heirs, executors, assigns, or other successors in interest
shall be bound by them to the same extent as the original purchaser or grantee.
2. These Covenants, Conditions, Restrictions and Easement shall be enforceable at law and in equity by any
Owner, purchaser, or other occupant of said lots against any person who shall violate or attempt to or threaten
to violate them,
3. These Covenants, Conditions, Restrictions and Easement shall be fully and sufficiently described and
incorporated in any instrument of conveyance by reference to the same as "Covenants, Conditions,
Restrictions and Easement for Westview Business Center."
4. Amendments to this Declaration of Covenants, Conditions, Restrictions and Easement for Westview Business
Center may be made upon approval of all the Owners of all the lots in the Westview Business Center
development.
5. All Owners shall comply with all requirements and restrictions relating to landscaping, maintenance, and
upkeep of landscaping ofthe Westview Business Center.
6. No farm animal or fowl of any kind shall be kept, quartered, or maintained in or on the Westview Business
Center at any time.
7. No lot within the Westview Business Center shall be used for any form of adult entertainment, bars.
gambling, casinos, or related activities.
8, All structures on any lots shall have a concrete foundation and their exteriors shall be well maintained. No
temporary structures may be erected at any time on any lots. Structures constructed on Lot 1 shall have a
cumulative total of seventy-five (75) linear feet facing Meridian Road,
4. No trash, garbage, ashes, refuse, ruins, or other remains of any kind (including disabled vehicles or unlicensed
vehicles) shall be thrown, dumped, placed, burned, disposed of, or permitted to remain on any loi, vacant or
otherwise. The Owners, and all other person or persons in control or possession of any lot shall, irrespective
of fault, be responsible for the prompt removal therefrom of all trash, garbage. ashes, refuse, ruins, and other
remains_ All trash, garbage, asltes, and other refuse shall be kept in containers which shall be kept hidden
from street view.
10. No sewage disposal system of any kind shall be permitted in Westview Business Center unless the sewage
disposal system is designed, located, constructed, and maintained in accordance with the requirements and
standards of the Montana State Department of Environmental Quality, the regulations of Flathead County,
Montana, and all other applicable rules, regulations and codes.
1 1. No noxious or offensive activity shall be carried on within Westview Business Center, nor shall anything be
done or maintained thereon which may be or become an annoyance or nuisance.
12. Hunting and/or the discharge or other use of firearms is prohibited within Westview Business Center.
Page 1 of 3
13, Lot 1 of the Westview Business Center, as described herein, is and shall be subject to a perpetual easement
for the benefit of Lots 3, 4, and 5 of the Westview Business Center for the erection and maintenance of a
Monument, all as further set forth in Section 14 hereof. Said easement shall allow the Owners of Lots 3, 4
and 5 (or their agents) reasonable rights of access over and across Lot I for purposes of installing,
maintaining, repairing and modifying signage pertinent to the business conducted on Lots 3, 4 and 5 as more
fully set forth in Section 14 hereof.
Location on the Monument of each Lot Owner's respective display area shall be determined on a first -come,
first -served basis as determined by the date title to a lot is conveyed from the Declarant to the new lot
owner(s). Notwithstanding the foregoing, the Owner of Lot I shall be entitled to the top portion of the
display area in accordance with Section 14, Location of any Lot Owner's display area shall be the same on
both sides of the Monument. "Lot Owner" as used herein for signage purposes means the Owners of Lots I,
3, 4, and 5, including their lessees,
14. The Owner of Lot I of the Westview Business Center shall be responsible for the administration of the
Monument sign located on Lot I to be constructed by Declarant ("Monument"), If there is more than one
record owner of Lot I (i.e.: owned as tenants-in-commou or condominium unit owners) such owners of Lot
I shall determine among themselves which owner of Lot I shall serve as the point of contact for
administering the Monument. The Monument shall be a double -sided display, each side containing a total
display area allocated to Lot Owners measuring 9 feet tali by 7 feet 8 inches wide, Display area on each side
of the Monument is allocated as follows:
a. The Owner of Lot 1 shall be entitled to use two (2) display areas measuring 1 foot 6 inches high by
7 feet 8 inches wide on the portion of each side of the display area located immediately below the
space used as a display area for the Westview Business Center itself.
b. Each Owner of Lot 3. Lot 4, and Lot 5 shall be entitled to use two (2) adjacent display areas with
each with dimensions of l foot high by 7 feet 8 inches wide on each side of the display area below
the space allocated for the Owner of Lot 1.
C. All Owners of Lots 1, 3, 4, and 5 shall contribute to the maintenance of the Monument on a pro-rata
basis, based on the total area allotted to each Lot Owner. Each Lot Owner shall be solely responsible
for the maintenance if its individual sign on the Monument at its sole cost, and such sign maintenance
is excluded from the administration set forth in this Section 15. The Owner ofLot I shall notify all
other Lot Owners of all maintenance for the common areas and structures of the Monument,
including the estimated schedule and cost. For such maintenance costing less than S500 00 per
instance, and all such instances totaling less than S1,200.00 in a calendar year ("Minor
Maintenance"), the Owner of Lot 1 shall have authority on behalf of all Lot Owners to schedule and
enter into binding agreements for Minor Maintenance without the consent or approval of any of the
other Lot Owners. The Owner of Lot I shall provide the other Lot Owners at least ten (I0) days
advance notice of any instance of Minor Maintenance. Upon the later often (10) days after receipt
ofa Notice for Minor Maintenance or completion of an instance of Minor Maintenance, the other Lot
Owners shall deposit with the Owner of Lot I their proportionate share of the cost of such Minor
Maintenance. For maintenance estimated to cost more than S500.00, or when an instance of
maintenance is reasonably projected to make the total cost of maintenance in a calendar year exceed
$1,200.00 (each instance being "Major Mainteuancc") a majority of the Lot Owners must approve
such maintenance in writing before Major Maintenance is performed or any binding contracts are
entered into to perform such Major Maintenance. Absent this approval, any Lot Owner or group of
Lot Owners shall have the right to perform such maintenance at such Lot Owner's(s') sole cost and
expense so long as such maintenance does not diminish the display area of dissenting or non -voting
Lot Owners. Within thirty (30) days after such approval, all Lot Owners, including, dissenting Lot
Owners, shall deposit into a separate trust account designated by the Owner of Lot l fifty percent
(50%) of each Lot Owner's estimated proportionate share of such instance of Major Maintenance.
After competition of an instance of Major Maintenance, the Owner of Lot I shall notify in writing
all the other Lot Owners of the amount of their share, Each of the Lot Owners shall deposit this
amount into the trust account within thirty (30) days after receipt of such completion notice. The
Owner of Lot I shall pay Monument maintenance providers all amounts due for maintenance in
accordance with any properly authorized agreement for such maintenance, but not later than thirty
(30) days after completion of such maintenance.
d. The Owner of Lot 2 shall have no right to any display area on the Monument, nor shall the easement
for such Monument benefit Lot 2. The Owner of Lot 2 may erect a sign on Lot 2 that is no higher
than ten (10) feet as measured from the ground to the tallest point on the sign, including the display
area, support structures and all other parts of such sign,
Terms, conditions, restrictions. allotments, and any other matters relating to signage, other than those
relating to the Monument and the restriction placed on the sign on Lot 2 pursuant to Section 15(d),
shall be the responsibility of the Owner of the lot on which a sign is to be placed. All such signage
shall comply with applicable rules, laws and regulations.
Page 2 of 3
Notices to Owners under this Section 14 shall be sent to the address of the buildings) on the lot in
the Westview Business Center owned by the Lot Owner. If more than one building is constructed,
notices shall be provided to all buildings on the lot.
g. The owner of Lot I shall maintain a separate account for all money recluired to be deposited under
this Section 14, The Owner of Lot 1 shall hold these funds in trust for the benefit of all other Owners
for the purposes set forth in this Section 14 only. The Owner ofLot I shall not co -mingle any other
funds with this account.
Notwithstanding anything herein to the contrary, in no event shall Declarant be responsible for any
costs associated with the Monument other than its initial construction without signs.
15. All lots are for commercial use only. No residential use may be made of any lot or portion thereof.
16. No noxious weeds shall be allowed to grow on any lot,
17. Therc is an existing road and utility easement between the lots and tracts, as appears on the plat for Westview
Business Center as filed and of record in the office of the Flathead County Clerk and Recorder. All Owners
shall share all costs of snow plowing and maintenance and repair expenses on the basis of twenty percent
(20%) per ]at until such time that responsibility for snow plowing and maintenance of the road and utility
easement is assumed by a governmental entity.
18, Any Owner may prosecute a civil action against any person or persons who fail to pay the amounts specified
in these Covenants, Conditions, and Restrictions for Westview Business Center above, or violate or threaten
to violate any of these Covenants, Conditions, Restrictions and Easement. Such civil action may he to either
enjoin, conipel, or otherwise prevent the violation or attempted violation or to recover damages suffered. Any
person prosceuting such an action and obtaining a judgment favorable to him shall be entitled to recover from
the violator such reasonable attorney's fees, court costs, and other costs reasonably incurred as shall be
awarded by judgment of the court having jurisdiction.
19, These Covenants, Conditions, Restrictions and Easement shall be binding upon all Owners of any portion of
Westview Business Center for twenty (20) years from. the recording hereof, at which time these Covenants,
Conditions, Restrictions and Easement shall be automatically extended and renewed for successive periods
often (10) years each, unless all persons then owning record title to three (3) of the five (5) lots in Westview
Business Center agree in writing at least ninety (90) days prior to said date to amend or revoke the Covenants,
Conditions, Restrictions and Easement, in whole or in part. Any such document, duly signed and
acknowledged by such persons, shall be promptly filed and recorded with the Clerk and Recorder's office of
J lathcad County.
20. invalidation by judgment or other court of any provision, sentence, or paragraph contained in these
Covenants, Conditions, Restrictions and Easement shall in no way affect or invalidate any of the other
provisions, sentences, or paragraphs of these Covenants, Conditions, Restrictions and Easement and the
remaining portion shall, in such event, continue in full force and effect.
KNOW ALL MEN BY THESE PRESENTS that RON BARNES hereby certifies that be is the owner of all
of the property described herein, and has caused these Covenants, Conditions, Restrictions and Easement to be
promulgated for the benefit of all Owners, and their successors and assigns, of lots in the subdivision known as
Westview Business Center as legally described above.
IN WITNESS WHEREOF I have set my hand and sea] this —_ day of April, 2005.
, ---
----
�on Barnes
DOMINION OF CANADA )
Prob ince of
I hereby certify that, on the _ day of April, 2€05, at _ in the province of
__ _ _, before me personalty appeared RON BARNES and acknotir' edge "o m, that he is the person
` mentioned in thsc foregoing instrument as the maker thereof and whose name is subscribed thereto; that he knows the contents
thereof and that he exceuted the same to be his act anti deed. IN TESTIMONY WHEREOF I have hereto set my hand and seal
ofoffice at his _ _ lay of - 2005.
Commissioner for Oa€hs in and for the DXVID M. IG
Province of
Residing at _- - _ - - - - - - {{�� �;r;
My Commission expires . 8 �t02 n ` 4th Street N.W.
Printed Name of Notary Public
al ary, Alberta T2K I -RP
page3of3$��
OWNS&
90HAW BARNES
BY:
THOMAS. DEAN AND HOSKINS, iNC,
ON NORTH MERIDIAN SUITE #101
KAUSPCU6 MT. 59901
PHONE:
(405) 7U-5248
DATE'
PEBRUARY. 2005
tgfAtf CTiI ��% R' IC AI PL
ES i Y IE BUSINESS(
A RESUBDIVISION OF LOT 5 OF HALL ADDITI(
SECTION 6, TOWNSHIP 28 NORTH, RANGE 2'
ARE
LOTS
ROADS
4,054 AC.
0.556 AC.
TOTAL
4.610 AC.
COT 3. A>AD_ PLAT OF AMD. PLAT OF
!/2. REBm */CAP mmm LOT 4 & LOT 2A OF AMD, PLAT OF
•Sams 7975 s' LOTS 2 & 3 OF HALL ADO. 182
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0
-
LOT 1
w
w 0.768 ACRES
LOT 3A, AMD. PLAT OF LOTS
2 * 3 OF r-ML ADD. j 82
394.65'
c
LOT2
1,231 ACRES
L;.
D
d�
A
LOT 5
0.696 ACMES
1tO
N85.33'0I *W l—'754 — 33;'
PARCEL. 8
C.O.S. 9806
0 40' 00' 120'
S C A L E
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LOTS
0.664 ACRES
1!1
LOT4
0.695 ACRES
,2
PARCEL C
E.O.S. 9BD6
RONALD BARNES
PRELIMINAR YJ PLAT
rT
WESTVTEW - RI -
BUSINESS CENTER A 5 LOT COMMEAAL
IV
SUBD I TST 10-N ON 4.61 ACRES IN B-2 (GENERAL BUSINESS
DISTRICT
F IT " K04 -0'
PLOT DATE: 6/28/04
LE4TSR-3 SCALE I= 30
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