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15. Final Plat - Mountain View PlazaTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricitygcentu rytel,net REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat for Mountain View Plaza MEETING DATE: May 19, 2003 BACKGROUND: This is a request for final plat approval of Mountain View Plaza subdivision plat which creates eight commercial lots on approximately 37 acres. The preliminary plat approved by the Kalispell City Council on October 21, 2002 indicated there would be 11 lots in the subdivision. Three of the lots between Target and Home Depot were combined into one lot and the remaining seven lots are located along Hwy 93 for a total of eight lots in the final subdivision plat. All needed public infrastructure has been completed and accepted by the Kalispell Public Works Department. A check in the amount of $50,000 as negotiated for a future fire station site has been submitted to the City of Kalispell. All other conditions associated with preliminary plat and the Planned Unit Development agreement have been met. There is some very minor landscaping work that needs to be completed and the fencing of the storm water retention pond needs to be completed but both of these items are currently under an existing bond being held by the City of Kalispell. All of the necessary conditions of the preliminary plat and PUD agreement have been met or otherwise adequately addressed. RECOMMENDATION: A motion to approve the final plat for Mountain View Plaza would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: May 14, 2003 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 tricity@centurytel.net May 14, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Mountain View Plaza Dear Chris: Our office has received an application from Thomas Dean and Hoskins for final plat approval of Mountain View Plaza, a subdivision that plats eight commercial PUD lots on approximately 37.088. This subdivision plats the remaining parcels in the development which are located primarily along the west side of the site and on the east side of Hwy 93. All of the utilities have been completed and the negotiated settlement for the fire station compensation of $50,000 has been received. The subdivision given preliminary plat approval by the Kalispell City Council on October 21, 2002 subject to nine conditions. 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 development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots and accesses and the PUD agreement between the City of Kalispell and Mountain View Plaza Development. This condition has been met. The final plat is in substantial compliance with the approved preliminary plat and all of the conditions of the PUD agreement have been adequately addressed or otherwise met. The preliminary plat indicated 11 lots and the final plat has eight lots. Three proposed lots between Target and Home Depot have been combined into one lot thereby reducing the overall number of lots that will ultimately be platted. Condition No. 2. That the infrastructure for the subdivision shall be designed and constructed in compliance with the City of Kalispell's Design and Construction Standards for local streets. Certification from an engineer licensed in the state of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish - Final Plat for Mountain View Plaza May 14, 2003 Page 2 • This condition has been met. A letter from Thomas Dean and Hoskins dated 2/ 1 /9/03 certifying the improvements has been submitted with the final plat. Condition No. 3. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all improvements including sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been reviewed and approved for compliance with those standards. This condition has been met. A letter from the Kalispell Public Works Department dated 7/ 12/02 approving the plans and specifications for the project has been submitted with the final plat. Condition No. 4. A letter from the Kalispell Public Works Department shall be obtained which states that a storm water drainage plan which addresses storm water management using on -site retention methods has been reviewed and approved. This condition has been met. A letter from the Kalispell Public Works Department dated 7/ 12/02 approving the plans and specifications for the project has been submitted with the final plat. Condition No. 5. That a letter be obtained from the Kalispell Fire Department approving the number and location of fire hydrants within the subdivision, the access and suppression system and compliance with the Uniform Fire Code. • This condition has been met. A letter from the Kalispell Fire Marshal dated 2 / 27 / 03 approving the fire access and suppression system as well as the hydrant locations has been submitted with the final plat. Condition No. 6. That any areas disturbed during construction be revegetated with a weed -free mix in accordance with a plan approved by the Kalispell Parks and Recreation Department. This condition has been met. A letter from the Parks and Recreation Department dated 2/20/03 approving the revegetation plan has been submitted with the final plat and the revegetation has been nearly completed and verified with an on -site inspection. The remaining landscape work has been covered by a bond posted that has already been posted with the City in conjunction with the PUD. Condition No. 7. All new utilities shall be installed underground. This condition has been met. A letter from Thomas Dean and Haskins dated 2/ 19/03 certifying the improvements has been submitted with the final plat. Final Plat for Mountain View Plaza May 14, 2003 Page 3 Condition No. 8. 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 of the necessary infrastructure has been completed prior to final plat submittal. Condition No. 9. That the preliminary plat shall be valid for a period of three years from the date of approval. • This condition has been met. The final plat for this subdivision has been submitted prior to expiration. 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 October 21, 2002. A minor modification to the number of lots that were initially approved has been made by reducing the number of lots from 11 to eight. 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 Mountain View Plaza Planned Unit Development and the development agreement executed between the City of Kalispell and Crosswell Development. RECOMMENDATION: All of 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 Mountain View Plaza. Please schedule this matter for the regular city council meeting of May 19, 2003. Sincerely, Narda A. Wilson, AICP Senior Planner NW/ Final Plat for Mountain View Plaza May 14, 2003 Page 4 Attachments: 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from TD & H Eng dated 3/20/03 Final plat application dated 3/ 19/03 Engineer's certification dated 2 / 19 / 03 Ltr from MDEQ dated 2/6/03 Ltr from Dick Amerman KPW dated 7 / 12 / 03 Ltr from Dick Amerman KPW dated 1/ 14/03 Ltr from Jim Stewart KFD dated 2/27/03 Ltr from Mike Baker KPR dated 2/20/03 Consent to plat from Whitney National Bank dated 2 / 19 / 03 Treasurers Certification dated 3/3/03 Title report dated 2 / 12 / 03 Check for $50,000 - donation for fire station property c: T D 8s H, 690 N. Meridian Rd., Suite 101, Kalispell, MT 59901 Mountain View, LP; c/o Scott Seskins, SCC Development,; 4407 Bee Caves Rd., Suite 112, Austin, TX 78746 Theresa White, Kalispell City Clerk H: \... \KFP03-l.DOC Thomas, Dean & Hoskins, Inc. Engineering Consultants' I March 20, 2003 Narda Wilson Senior Planner (Kalispell) Tri-City Planning Office Ford Bldg., 17-2nd St. E., Ste. 211 Kalispell, MT 59901 Re: Mountain View Plaza Dear Narda: Attached is the Final Plat and attachments for the above referenced project. Items included are: - Application Form - Review Fee — $700 - Title Report - Certification Taxes Paid - DEQ Approval - Conditions Letter and Attachments - Consent to Plat (Whitney National Bank) Please contact us if you have any questions or if you require additional information. Sincerely, THOMAS, DEAN & HOSKINS, INC. Richard J. Swan, P. RJS: mw K00-084-028 Encl: Referenced Above JA2000\K00-084\K00-084-028 MVP Subdiv Prelim. Plat\word\mar20.03.Wilson.Fina1 Plat hr.doc 690 North Meridian, Suite 101 • Kalispell, MT 59901 • (406) 752-5246 • FAX (406) 752-5230 CONDITIONS LETTER — Resolution No. 4749 See attached copy of Preliminary Plat (11x17). See attached Engineer's Certification. 3., 4. See attached correspondence dated 7/12/02 and 01/14/03 from Richard Amerman, P.E. See attached letter from Jim Stewart, Assistant Chief/Fire Marshall. 6. See attached revegetation plan with Parks & Recreation approval letter. New utilities have been installed and are underground. A minimum of two-thirds of the infrastructure has been installed. See letter dated 01/14/03 from Richard Amerman, P.E. J:\2000\K00-084\K00-084-028 MVP Subdiv Prelim. Plat\word\mar20.03.conditions.letter.doc Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project Name. Mountain View Plaza Subdivision Contact Person: Owner &, Mailing Address: Name: Richard J. Swan, P.L.S. Mountain View, LP Address: Thomas, Dean & Hoskins, Inc. c/o Scott Deskins, SCC Development 690 N. Meridian, Suite- 10-1, Kalispell, MT 59901 4407 Bee Caves Rd., Suite 112 Phone No.: 406-752-5246 Austin, TX 78746 Date of Preliminary Plat Approval: October 21, 2002 - Resolution 4749 Type of Subdivision: Residential Industrial _Commercial X PUD Other No. of Lots Proposed 8 Parkland (acres) n/a Land in Project (ac.) 37.088 Cash -in -Lieu $ Exempt FILLING FEE ATTACHED $700 Minor Subdivision with approved preliminary plat $300 + $25/lot Major Subdivision with approved preliminary plat $500 + $25/lot Subdivisions with Waiver of Preliminary Plat $450 + $25/lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (MUST CHECK ONE) —X Health Department Certification (Original) —X Title Report (Original, not more than 90 days old) —X Tax Certification (Property taxes must be paid)l) —X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement —X Plats: lopaque OR 2 Mylars 1 Mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned The plat rmRY-C1' ' ners of record, the surveyor and examining land surveyor. IN VE& TM -My PLANINNG OFprr7 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 daps prior to expiration date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final vlat avvlications be accompanied with a digital copy. Da e **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system As approved by the TCPB on 12/ 19/01 Effective 1 / 1 / 02 ENGINEER'S CERTIFICATION STATEMENT I hereby certify that all water, sewer, storm drain and road improvements constructed to date as part of the Mountain View Plaza development are in substantial compliance with plans and specifications approved by the City of Kalispell and Montana Department of Environmental Quality and comply with all applicable requirements thereof. 2llt q 103 *ik J. Munsinger, 1 669 P.E. Date Thomas, Dean & Hoskins, Inc. N T,4 A/,4 MARK j 'R 1 • M �j N S ! N GEE� 616 9 0 N A JA2000\K00-084\K00-084 General Correspondence - Billing\word\Feb 19.03.Engineer's Certification Statement.doc Montana Department of JEANVM0100ANTAL QUALrrY Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us Thomas, Dean & Hoskins Inc Richard J Swan PLS inn IT n ,T._ a�..._ c� 1101 690 iN Meiiudian Suite 101 Kalispell MT 59901 February 6, 2003 �y V Bpi✓' fwi-�e:,r,Ls iirl �I� F1=1 20 Dear Mr Swan: RE: Mountain View Plaza Municipal Facilities Exclusion EQ#03-2097 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 and ARM 17.36.602. Under 76-4-124, 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 {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to 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 Water Protection Bureau, Kalispell Office for their review Sincerely, Janet Skaarland Compliance Specialist Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@state.mt.us cc: City Engineer, County Sanitarian file Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 1� City of Kalispell Post Office Box 1997 - Rabspell, Montana 59908-1997 - TelePharx (406)788-7700 Faid406I758-7758 July 12, 2002 Mark Munsinger, P.E. Thomas, Dean & Hoskins, Inc. 690 North Meridian, Suite 101 Kalispell, Mt. 59901 Re: Mountain View Plaza, Phase 2 Dear Mark: The plans and supporting documents for the referenced project have been reviewed and are hereby approved. Attached is a copy of the letter of approval sent to the City -County Health Department. As -Built drawings will be required prior to final acceptance. We look forward to working with you on this project. :Respectfully, r Richard Amerman, P.E. Assistant City Engineer Copy To: Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department Attachment: As Stated By Messenger kbo -0�34- 25 fCity of Kalispell k Post Box H1997 - Kabspen, Montana 5OM-1997 -Telephone (406)758-9700 Feed 758-T188 January 14, 2003 Mark Munsinger, P.E. Thomas, Dean & Hoskins, Inc. 690 North Meridian, Suite 101 Kalispell, Mt. 59901 Re: Mountain View Plaza, Phase 1 and Phase 2 Project Acceptance Dear Mark: Q HOSKINS -------------- IJ lee 9`q - 2003 Job o --® The Public Works Department has received the as -built drawings for the referenced project and your certification letter dated January 10, 2003. This project is hereby accepted by the City and the one year guarantee period begins on this date. You are reminded that the contractor is required to maintain a maintenance bond during the guarantee period. We enjoyed working with you and, --the contractor on this project. Respectfully, c and Amerman, P.E. Assistant City Engineer k00-orbv--o'30 -<alispell Fire/Ambulance Dept. 312 1 st Ave East - P.O. Box 1997 Telephone 406-758-7763 Kalispell, MT 59903 -1997 Fax 406-758-7952 & February 27, 2003 Richard J. Swan T.D. & H. 690 North Meridian, Suite 101 Kalispell, MT 59901 Re: Mountain View Plaza — Final Plat Dear Mr. Swan, In response to your request for written approval of the above -referenced project we have the following comments. • Fire department access and fire hydrant locations were approved by this department during the review process. • Fire hydrants locations have been approved, based upon proposed locations for future construction. It should be noted that changes to future building locations could necessitate relocation and/or additional fire hydrants to meet the requirements of the Uniform Fire Code. • Final elevation grading of future areas of construction may require modification of hydrant heights to meet standard installation specifications. • Suppression system installations in the Home Depot and Target buildings have been approved by this department. I hope this information is useful. Please feel free to contact me if you have any questions. Sincerely, - 5 --.7 1� '13a A Jim Stewart Assistant Chief/Fire Marshal Kalispell Fire Department "Assisting The Community In Reducing And Preventing Emergencies" City ®f Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 February 20, 2003 Thomas, Dean and Hoskins Attn: Richard J Swan, P.L.S. 690 N. Meridian, Suite 101 Kalispell MT 59901 Re: Mountain View Plaza Dear Mr. Swan: Please find enclosed your revegetation plan for Mountain View Plaza subdivision, with my endorsement signature. If I can be of further assistance, please do not hesitate to call. Sincerely, Mic ael Baker, C.L.P. Director, Parks and Recreation MB/Ims enc: Parks and Recreation Tree List V FIEBt 2003 Feb-19. 2M 3:UPM No.U9N F. 1/2 CONSENT TO PLATTING Pursuant to Section 76-3-612, Montana Code Annotated, 1979, the undersigned, acting on behalf of Whitney National Zftaft Bank, being an owner of interest in the property to be subdivided as - MOUNTAIN VIEW PLAZA SUBDIVISION do hereby consent to the platting of said subdivision. Whim <T- I - —11-1----4 By: Lj A tZ;t 7- i Le I �7-J 160jiv,J) al CORN-03KO-dalyl J "HIP[-Ev M HALL State of —'E OF rEXAS County Of �pomk� ss' or U 'om --i Exp. 08-01-2005 Public for C�e un qiry On this I ' day of 7e-6C- Q� P11a 2003, before me the ersied, a Notary d the State of i X m=1 5 eared 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. FEB ZU G 3 !1 5 1A Notary Public for the State of k-NO,� Fesiding at My COMMiMi011 EXpirer, Plat Room i-latlleacl County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & CondOnliniUtllS Only B Y : %rD i FOR: awn 1% L.P. uf�TF i13e�le3 1)1: S C 1' : i 10 u�t `t A4' PIVi iz) Pl4 Z-a S-icb . I,1 I I t I' (_) S 3E ,',L 3t-a9-a/) I(FAM) MN-W)R 11 I99311IIZU gOO'z Q 31%-Z345 & P) I)AIF I helehy cellily that them? im. Im tltrtstandill(I laxes mi Ow pI OJwl l �" aSS1(�nt�(1 th(s a5s('SSC)1� it milwis listed -11mve, Im- the `,'t tw; Indhr,llt�il Im Each assessor ili_llliher. R 0 3 2003 I)eptrty l r eastrrer (se(-1l) 0 u pO 10 4 3 n■ -�: L 3000968i: 7 500 lie MOUNTAIN VIEW, LP 5i7i2003 1043 City of Kalispell 50,000.00 Donation for Fire Staion Property 50,000.00 Whitney National Bank e 'k V1— $ � A M E R 'I C -1 FirstAmerican Title Insurance Company V a i d a; n S 2 9 6 0 Form No. 1282 (Rev. 12/15/95) 0 FILE NO.: CT-73896 CT-73896 H 329601 SUBDIVISION OR PROPOSED SUBDIVISION: FEE: $125.00 Mountain View Plaza Subdivision SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES: Thomas, Dean & Hoskins Inc. FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described as follows: A parcel of land located in the Northwest Quarter of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, being more particularly described as follows: Commencing at the Southeast corner of Tract 2 of Certificate of Survey No. 13919, records of Flathead County, and the Point of Beginning; thence North 89*56,28" West along the South boundary of said tract, a distance of 366.85 feet; thence North a distance of 449.02 feet; thence West a distance of 474.85 feet; thence North a distance of 57.19 feet; thence West a distance of 444.89 feet; thence South 00*02,07" West a distance of 505.34 feet to a point on the South boundary of Tract 1 of said Certificate of Survey; thence North 89*57153" West along said boundary, a distance of 373.48 feet to the Southwest corner of said tract, said corner being on the East right-of-way of U.S. Highway 93; the following five (5) courses are along said right-of-way; thence North 00*11,10" East a distance of 375.07 feet; thence South 89°08'36" East a distance of 20.00 feet; thence North 00'06'46" East a distance of 641.11 feet; thence North 88*59,57" West a distance of 20.00 feet; thence North 00'06'49" East a distance of 640.64 feet; thence South 89*54,08" East a distance of 233.25 feet; thence North 18'14'01" East a distance of 252.46 feet to a point on the South right-of-way of West Reserve Drive; thence Continued... FILE NO.: CT-73896 Page 2 H 329601 South 89'57'10" East along said right-of-way, a distance of 67.80 feet to the Northwest corner of Parcel 1 of Certificate of Survey No. 14680, records of Flathead County; the following four (4) courses are along the West, South and East boundaries of said parcel; thence South a distance of 743.10 feet; thence East a distance of 718.26 feet; thence North a distance of 556.74 feet; thence North 12*20152" West a distance of 160.26 feet to a point on said South right-of-way of West Reserve Drive; thence South 89*3712811 East along said right-of-way, a distance of 94.15 feet to the Northeast corner of Parcel 2 of said Certificate of Survey No. 14680; thence South 14'5614511 East along the East boundary of said Parcel 2, a distance of 1932.63 feet to the Point of Beginning. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS: Mountain View Plaza Subdivision (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues and other easements offered for dedication dedication by said Plat are: Mountain View L.P., a Montana limited partnership AND Whitney National Bank (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county and city taxes for the year 2003, a lien not yet payable. 2. General and special county and city taxes for the second half of 2002, are not paid. NOTE: General and special county and city taxes for the first half of 2002 and all prior years are paid in full. Continued... FILE NO.: CT-73896 Page 3 H 329601 3. Mortgage dated May 28, 2002 to secure an indebtedness in the principal sum of AMOUNT $4,000,000.00, and any other amounts and/or obligations secured thereby. RECORDED June 5, 2002, as Doc. No. 2002-156-16560, records of Flathead County, Montana. MORTGAGOR Mountain View, LP MORTGAGEE Whitney National Bank Modification agreement recorded October 15, 2002, as Doc. No. 2002-288-15430, records of Flathead County, Montana. The lien of this Mortgage has been subordinated to the lien of the Lease noted in paragraph 14 by instrument recorded November 14, 2002, as Doc. No. 2002-318-16120, records of Flathead County, Montana. (3) Easements, claims of easements and restrictions agreement of record are: 1. County road rights -of -way not recorded and indexed as a conveyance in the office of the Clerk and Recorder pursuant to title 70, chapter 21, M.C.A. 2. Easement to enter and erect, operate, maintain, repair, rebuild and patrol one or more electric power transmission lines, granted to the United States of America, recorded September 27, 1951, in Book 330, Page 68, as Doc. No. 5268, records of Flathead County, Montana. - 3. B.P.A. power line, as shown on Certificate of Survey Nos. 7860, 13919 and 14680, records of Flathead County, Montana. 4. Easement for a gas pipeline granted to The Montana Power Company recorded 4eptember 6, 1988, as Doc. No. 88-250-11360, records of Flathead County, Montana. 5. Terms and condition of Resolution: Designation of Limited Access Highway, recorded December 6, 1989, as Doc. No. 89-340-09150, records of Flathead County, Montana. 6. Easement for electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded February 7, 1983, in Book 759, Page 715, as Doc. No. 2070, records of Flathead County, Montana. 7. Resolution of Designation of Limited Access Highway (U.S. 93) executed by the State of Montana Department of Highways, recorded April 15, 1985, as Doc. No. 85-105-15010, records of Flathead County, Montana. Continued... FILE NO.: CT-73896 Page 4 H 329601 8. Terms and Conditions contained in Planned Unit Development Agreement for Mountain View Plaza recorded June 14, 2001 as Doc. No. 2001-165-15150, records of Flathead County, Montana. 9. Restriction Agreement and Grant of Easement upon the terms, conditions and provisions contained therein: PARTIES : Mountain View L.P. and Home Depot U.S.A., Inc. RECORDED: June 14, 2001, as Doc. No. 2001-165-15230, records of Flathead County, Montana. 10. Memorandum of Development Agreement upon the terms, conditions and provisions contained therein: PARTIES : Mountain View L.P. and Home Depot U.S.A., Inc. RECORDED: June 14, 2001, as Doc. No. 2001-165-15240, records of Flathead County, Montana. 11. Restated Restriction Agreement And Grant Of Easements Agreement upon the terms, conditions and provisions contained therein: DATED April 16, 2002 PARTIES Home Depot U.S.A., Inc. and Target Corporation RECORDED: April 19, 2002, as Doc. No. 2002-109-16040, records of Flathead County, Montana. 1st Amendment to Restated Ristriction Agreement and Grant of Easement by and between Mountain View LP, Home Depot U.S.A. Inc. and Target Corporation, recorded November 26, 2002, as Doc. No. 2002-330-08390, records of Flathead County, Montana. 12. Temporary Construction Agreement And Easement Agreement upon the terms, conditions and provisions contained therein: DATED May 13, 2002 PARTIES Hutton Family Trust U/A/D June 30, 1995 and Mountain View, LP RECORDED: July 30, 2002, as Doc. No. 2002-211-08390, records of Flathead County, Montana. 13. Easement for the purpose of installing and maintaining a utility granted to City of Kalispell, recorded September 5, 2002, as Doc. No. 2002-248-09230, records of Flathead County, Montana. 14. Memorandum of Lease upon the terms, conditions and covenants contained in the lease: RECORDED November 14, 2002, as Doc. No. 2002-318-16110, records of Flathead County, Montana. LESSOR Mountain View, LP LESSEE Borders, Inc. Continued... FILE NO.: CT-73896 Page 5 H 329601 15. Easements as shown on the unrecorded Plat of Mountain View Plaza Subdivision, records of Flathead County, Montana. 16. The above described property lies within and subject to the jurisdiction of the Kalispell Fire District. DATED: February 12, 2003 at 8:00 A.M. STATE OF MONTANA )ss. COUNTY OF Flathead ) On thisday of befpry me, a notary public in and for i Lk�4ay-t '0'( said State, personally appeared 6M)�� -T,& - known to me to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS V�V I ha�%4Weunto set my hand and affixed my official notary ,03 ttificate first above written. seal the day' and y6ar in thfrdA 11"Wt It% . .'Z� . $ 4,20 .0,041mg, "' . ...... "* W Gwa NOT g4fa i 'ARIALJ NOTARY SEAL PUS"C410WA44 .. ........ T IMP' Uy HE END Ca". 4*S Jan. 4,2006 Notary Public for State of Montana VIIIA(k 12 IALLAU 12 IILWA'IER TERRACF. ;. PR(N'FKIIiS BOY AIM YItjMA* 12 A(U N 79