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
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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-
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160jiv,J) al CORN-03KO-dalyl
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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
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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
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MOUNTAIN VIEW, LP 5i7i2003 1043
City of Kalispell 50,000.00
Donation for Fire Staion Property
50,000.00
Whitney National Bank
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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
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IMP' Uy HE END Ca". 4*S Jan. 4,2006
Notary Public for State of Montana
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