1. 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
tricity*centurytel.net
REPORT TO: Kalispell Mayor and City Council
FROM: Tomas R. Jentz, Director
Chris A. Kukulski, City Manager
SUBJECT Final Plat for Mountain View Plaza
MEETING DATE: September 15, 2003
BACKGROUND: This is a request for final plat approval of Mountain View Plaza
subdivision plat which creates nine 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. On May 19, 2003, the developer received
final plat approval from the city for eight commercial lots but never recorded the final
plat with the County. At that time, three of the proposed lots between Target and
Home Depot were combined into one lot and the remaining seven lots were located
along Hwy 93 for a total of eight lots in the final subdivision plat. In this latest re -
submittal for final plat approval, the developer is asking for a total of nine lots. The
request still shows the same seven commercial lots along US 93 but now shows two
lots between Home Depot and Target.
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 PUD agreement have been met.
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,
Thomas R. Jentz Chris A. Kukulski
Director City Manager
Report compiled: September 8, 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
September 8, 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 nine 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.
Note that this subdivision was submitted to the City of Kalispell for final plat approval
as an 8 lot subdivision at the May 19, 2003 council meeting. Final Plat approval was
granted but the developer did not file the plat with the County. Instead, the developer
is now re -applying for final plat approval to add one more lot for a total of nine lots.
The developer originally received preliminary plat approval for 11 lots last October.
The changes that were reflected in the May submittal and now reflect final decisions
on how the individual lots between Target and Home Depot will be finally configured.
The subdivision was 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.
Xe) 6 14 0) F-1 k7ce) DRY1 V 0 *1 KPLO0 0 0 to
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
Providing Community Planning Assistance To:
• City of Kalispell - City of Columbia Falls - City of Whitefish •
Final Plat for Mountain View Plaza
September 8, 2003
Page 2
the final plat has nine lots. Four proposed lots between Target and Home Depot have
been combined into two lots 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.
• This condition has been met. A letter from Thomas Dean and Hoskins dated
2/19/03 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. S. 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 re -vegetated 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 re -vegetation plan has been submitted with the final
plat and the re -vegetation has been nearly completed and verified with an on -site
Final Plat for Mountain View Plaza
September 8, 2003
Page 3
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.
Condition No. S. 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 "PROVED 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 eleven to nine.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City
Subdivision Regulations. Taxes are current. A consent to plat has been provided by
Whitney National Bank.
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.
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 September 15, 2003.
Final Plat for Mountain View Plaza
September 8, 2003
Page 4
Sincerely,
Gj IV,
Thomas R. Jentz, AICP
Director
TJ/
Attachments: I opaque mylars of final plat
I reproducible mylar of final plat
1 copy of final plat
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 9/8/03
Check for $50,000 - donation for fire station property
c: T D & H, 690 N. Meridian Rd., Suite 101, Kalispell, MT 59901
Mountain View, LP; c/o Scott Deskins, SCC Development, 301 Congress, Suite
2100, Austin, TX 78701
Theresa White, Kalispell City Clerk
H:\ ... \KFP03-1A.DOC
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 7151-1850 Fax: (406) 7151-1858
FINAL PLAT APPLICATION
Project Name: Mountain View Plaza Subdivision
Contact Person:
Name: Richard J. Swan, P.L.S.
Address: Thomas, Dean & Hoskins, Inc.
690 N. Meridian, Suite 101, Kalispell, MT 59901
Phone No.: 406-752-5246
Owner &, Mailing Address:
Mountain View. LP
c/o Scott Deskins, SCC Development
301 Congress, Suite 2100
Austin, TX 78701
Date of Preliminary Plat Approval: October 21, 2002 - Resolution 4749
Type of Subdivision: Residential Industrial Commercial X PUD Other
No. of Lots Proposed 9 Parkland (acres) n/a
Land in Project (ac.) 37-088 Cash -in -Lieu $
Exempt
FILLING FEE ATTACHED $ 150
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 OREA
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: 1 opaque OR 2 Mylars
1 Mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
The plat must be signed by all owners of record, the surveyor and examining land surveyor.
11
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Tri-City Planning Office, and the staff finds the
application is complete, the staff will submit a report to the governing body. The governing body
must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
Planning Board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application
and may invalidate any approval. The signing of this application signifies approval for Tri-City
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
/
"SilZQ i
Owner(s) Signa re T 1 Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
S. 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
E
ENGINEER'S CERTMCATION 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.
V0103
k I Munsinger, 1 669 P.E. Date
Thomas, Dean & Hoskins, Inc.
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Montana Department of
ENvmomwmALQum= Judy Martz, Governor
P.O. Box 200901 - Helena, MT 59620-0901 (406) 444-2544 ® wvvw.deq.state.rnt.us
Thomas, Dean & Hoskins Inc
Richard J Swan PLS
69?() N lvieltidiian '3aue I V I
Kalispell MT 59901
Dear Mr Swan:
J 0 0 T�' 0.
February 6, 2003
-93
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 176-4-111 (3), MCA}. Construction of water or sewer extensions prior to
zl�
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,
Zn
County Sanitarian
file
Centralized Services Division - Enforcement Division - Permitting& Compliance Division - Planning, Prevention& Assistance Division - Remediation Division
Ciq-r of Kalispell
Post Offim BOX IW7 - Kalispell. MmUm WW3-1W7 - TdVhow (4M788 WW FO� 406)758-7758
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.
Copy To: Dick Montgomery, P.E.
Environmental Health Services
Flathead City -County Health Department
Attachment: As Stated
By Messenger
I " 6 0 -0�34- 2-S-
City of Kalispellsr
January 14, 2003
Mark Munsinger, P.E.
Thomas, Dean & Hoskins, Inc.
690 North Meridian, Suite 101
Kalispell, Mt. 59901
Re: Mountain View Plaza, Phase I and Phase 2
Project Acceptance
Dear Mark:
U
THOIWAS-, WSKUBCS
J
2003
job N.
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.
312 1 st Ave as - P.O. Box 1997 Telephone 406-758-7763
Kalispell, MT 59903 -1997 Fax 406 -758-7952
'EAIrl &
February 27, 2003 J,
Richard J. Swan
T.D. & H.
690 North Meridian, Suite 101
Kalispell, MT 59901
J641
Tr r a I -TeWre-S -1,114C V I le R 6 1 T6 i Id -t T1 9 1 7f i - *Td U C T I F - 1727, 6-1'WY IM
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
necess,itate- 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.
Sincerely,
Jim Stewart
jitzin
City of 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
enc: Parks and Recreation Tree List
F F! 3 200
03
1\5
o.
Pursuant to Section 76-3-612, Montana Code Annotated, 1979, the undersigned, acting on behalf of
Whitney National Z#Jvm 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 q-ga-�tionalBan
By:
CERTMCATE OF
iHIRLEIIIV M HALL
State of
"ARY'PUBLIC
)F
�EXAS
County of ss. Exp. 08-01-2005
On this 1(�� day of 2003, before me the underal ed, a Notary Public for
the State of '-T-gXA S perionaffy appeared AiZC—Z--
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.
Notary Public for the State of
I k&C)C> k 'Q-Q�
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Ja A Residing at — l 101-
My Corrunission Expires
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F E ri 251-413
T
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions & CC)n(1otiliniUniS Only
BY: -rD i
FOR: 2�'c f � �) • �.
()f1I1=
DESCI': i` l Z� I't lltl'O SF
YFAR )
INKSFSSOR 1/
19 93 _IIII�U A5o1. el asIz3 AA IT
-----_____-- 8 10 1)A 11
I llelQhy Certify that theft'. (it(' I10 Olitstatl(lityl loxes OIl the l)l(quit",
asstuned the assessor tllittll)(_is 1"ed WOO, for the ;Inll5 ili(II( Ited iOl
(.ach assessor litltf1hel.
Deputy I i easurer
(seal)
MOUNTAIN VIEW, LP
City of Kalispell
Whitney National Bank
Donation for Fire Staion Property
5/712003 1043
50,000.00
50,000.00
AMEN
FirstAmerican ?Title Insurance Company
HForm No. 1282 (Rev. 12/15/95)
CT-73896
H 329601
FEE: $125.00
SUBDIVISION OR PROPOSED SUBDIVISION: 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°57'53" 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*06146" 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 I 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*20'52" West a distance of 160.26 feet to a point on said South
right-of-way of West Reserve Drive; thence
South 89*37'28" 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*56'45" 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.
NOTE: General and special county and city taxes for the year 2002 and all
prior years have been 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.
4. Deed of Trust dated May 9, 2003, to secure an
indebtedness in the principal sum of
AMOUNT $20,478,390.00, and the total princial indebtedness
that may be outstanding at any glen time which is
secured by this Deed of Trust in $30,000,000.00
and any other amounts and/or obligations secured
thereby
RECORDED May 15, 2003, as Doc. No. 2003-135-16010,
records of Flathead County, Montana.
GRANTOR Mountain View, LP
TRUSTEE William D. Lamdin, III
BENEFICIARY: Whitney National Bank
5. Assignment of Lease and Rents, dated May 9, 2003 and recorded May 15, 2003
as Doc. No. 2003-135-16020, records of Flathead County, Montana.
6. Financing Statement
RECORDED May 15, 2003, as Doc. No. 2003-135-16030,
records of Flathead County, Montana.
DEBTOR Mountain View, LP
SECURED PARTY: Whitney National Bank
(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.
Continued. . . .
FILE NO.: CT-73896
Page 4
H 329601
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.
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.
Amended by ordinance No. 1436 by the City of Kalispell and Croswell
Development recorded March 4, 2003 as Doc. No. 2003-063-09500, 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.
Continued. . . .
FILE NO.: CT-73896
Page 5
H 329601
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,
the lease:
RECORDED November 14, 2002, as Doc.
records of Flathead County,
LESSOR Mountain View, LP
LESSEE Borders, Inc.
conditions and covenants contained in
No. 2002-318-16110,
Montana.
15. Memorandum Lease upon the terms, conditions and covenants contained
therein:
RECORDED March 10, 2003 as Doc. No. 2003-069-09520,
records of Flathead County, Montana.
LESSOR Mountain View, LP
LESSEE The TJX Companies, Inc.
Continued.
FILE NO.: CT-73896
Page 6
H 329601
16. Memorandum Lease upon the terms, conditions and covenants contained
therein:
RECORDED April 4, 2003 as Doc. No. 3003-094-10540,
records of Flathead County, Montana
LESSOR Mouontain View, LP
LESSEE The TJX Companies, Inc.
17. An unrecorded Lease as disclosed on Subordination, Non -Disturbance and
Attornment Agreement, recorded June 17, 2003 as Doc. No. 2003-168-10310,
records of Flathead County, Montana.
The lien of this Lease has been subordinated to the lien of the Trust
Indenture noted as exception No. 4 on Page 3, by instrument recorded June 17,
2003 as Doc. No. 2003-168-10310, records of Flathead County, Montana.
18. Subordination Attornment and Non -Disturbance Agreement upon the terms,
conditions and provisions contained therein:
DATED Feburary 21, 2003
PARTIES Mountain View, LP and PETCO, Inc.
RECORDED: June 3, 2003, as Doc. No. 2003-168-10310,
records of Flathead County, Montana.
19. Subordination, Non-Distrubance and Attornment Agreement upon the terms,
conditions and provisions contained therein:
DATED May 9, 2003
PARTIES Whitney National Bank and Borders Inc.,
a Colorado corporation
RECORDED: June 17, 2003, as Doc. No. 2003-168-10320,
records of Flathead County, Montana.
20. Subordination, Nondistrubance and Attornment Agreement upon the terms,
conditions and provisions contained therein:
DATED May 9, 2003
PARTIES Whitney National Bank and Pier 1 Imports (U.S.), Inc.
RECORDED: August 6, 2003, as Doc. No. 2003-218-09510,
records of Flathead County, Montana.
21. Easements as shown on the unrecorded Plat of Mountain View Plaza
Subdivision, records of Flathead County, Montana.
Continued. .
FILE NO.: CT-73896
Page 7
H 329601
22 . The above described property lies within and subject to the jurisdiction
of the Kalispell Fire District.
DATED: August 26, 2003 at 8:00 A.M.
STATE OF MONTANA
)ss.
COUNTY OF Flathead )
On this lb day of September,,2003, before me, a notary public in and for
said State, personally appeared L 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 WHEREOF, I have hereunto set my hand and affixed my official notary
seal the day and year in this certtificate first above written.
W'*' NORMA KESTER
NOTARY PUBLIC-MONTANA
S L A L sf Residing at Kalispell, Montana
Notary Pu6,lic for State\of Montana
a m,— m Expires May 8,2004
THE END
REPRESENTATION OF THE LOCATION OR EXISTENCE OF TRACTS OF RECORD, 111LIH LJOUN