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2. Final Plat - Willows Subdivision Unit #2Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 REPORT TO: FROM: SUBJECT MEETING DATE: Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Final Plat for the Willows Subdivision Unit No. 2 February 5, 2001 Phone: (406) 758-5980 Fax: (406) 758-5781 BACKGROUND: This is a request for final plat approval of the Willows Subdivision Unit No. 2, the second and final phase of the Willows Subdivision. This is an 87 lot residential subdivision on approximately 30 acres located on the east side of Willow Glen Drive. Unit 1 was given final plat approval on May 3, 1999 which final platted 36 lots. This phase has the remaining 51 lots on approximately 14 acres for a total of 87 lots. All of the infrastructure in the subdivision has constructed to City standards including curb, gutter, sidewalks, street trees and underground utilities. The cash - in -lieu of parkland was paid in full when the first phase was filed. The only remaining improvements left to be completed are the sidewalks and the street trees. A subdivision improvements agreement has been submitted along with a letter of credit in the amount of 125 percent of the costs of the improvements to cover the sidewalks and street trees. The city limits front along the eastern boundary of this property which was annexed into the city of Kalispell in January 1999 and given a City zoning designation of R-3, a single family residential district. The preliminary plat for this subdivision was approved by the county commissioners on April 1, 1997 subject to 16 conditions of approval. All of the conditions of approval have been met and certified by a licensed engineer and the Kalispell Public Works Department. RECOMMENDATION: A motion to approve the final plat for the Willows Subdivision Unit No. 2 would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Mris A. Kukulski Senior Planner City Manager Report compiled: January 31, 2001 Attachments: Letter of transmittal Final plat application and supporting documents Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 January 30, 2001 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Final Plat for The Willows Subdivision Unit No. 2 Dear Chris: Our office has received the application for final plat approval of the Willows Subdivision Unit No.2, a 51 lot residential subdivision on the east side of Willow Glen Drive. This is the second phase of the two phase 87 lot residential subdivision on approximately 30 acres. At the time this property was proposed for development it was in the County jurisdiction and was given preliminary plat approval, as was the past policy. Preliminary plat approval for this subdivision was granted by the county commissioners on April 1, 1997 subject to 16 conditions. This property has been annexed into the city and now has a zoning of R- 3, single family residential. The following is a list of the conditions of approval and a discussion of how they have been met. COMPLIANCE WITH 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, easements and roadways. This condition has been met. The final plat design complies with the preliminary plat approved. Condition No 2. That the roadways within the subdivision shall be constructed in accordance with the adopted Standards for Design and Construction which includes the pavement, curbs, gutters, sidewalks and drainage system. A letter from the Kalispell Public Works Department shall be required stating that the improvements have been installed according to the required specification at the time of final plat approval. This condition has been met. A letter from the Kalispell Public Works Department stating that the required improvements have been reviewed and approved for compliance with City standards has been received. Additionally, a letter from Schwarz Engineering certifying the improvements has been included with the final plat application. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish f The Willows Subdivision Unit No. 2 January 30, 2001 Page 3 costs of installing the sidewalks and trees and a letter of credit in the amount of 125 percent of the improvements. Condition No 9. That a cash -in -lieu of parkland fee in the amount of $15,610 may be accepted if the developer can provide an agreement with the neighboring school to access and utilize their playground equipment and open space. Access from the subdivision to the school shall be provided by way of a footbridge across the stormwater treatment swale. A pedestrian access easement shall be located on the plat and easements from the adjoining property owner(s) and school granting this use must be submitted with the final plat. If this is not viable, then a park shall be dedicated within the subdivision which is no smaller than 20,000 square feet and a cash -in -lieu of parkland in the amount of $12,738 shall be paid. • This condition has been met. The developers have an easement agreement from the school to the south that allows them to utilize the play field. The cash in lieu of parkland was paid in full with the final plat application during the filing of the first phase. Condition No 10. All utilities shall be installed underground. • This condition has been met. All of the utilities have been installed underground and verified by an on -site inspection. Condition No 11. A storm water drainage plan which incorporates the drainage easement along the south side of the property and the slough to the west shall be coordinated with the City of Kalispell and Flathead County and implemented accordingly. The stormwater drainage plan shall be approved by the Kalispell Public Works Department. • This condition has been met. The stormwater drainage improvements have been reviewed and approved by the Kalispell Public Works Department and the Montana Department of Environmental Quality. The stormwater drainage system within the subdivision, including the drainage swale running along the southern boundary of the subdivision shall be owned and maintained by the Willows Homeowners Association. Condition No 12. That all water and sewer service plans and specifications shall be reviewed and approved by the Department of Environmental Quality and the Kalispell Public Works Department. • This condition has been met. A letter from the Kalispell Public Works Department and DEQ approving the plans and specifications has been submitted with the final plat application. The Willows Subdivision Unit No. 2 January 30, 2001 Page 5 of February 5, 2001. You may call me at (406) 758-5980 if I can be of assistance to you regarding this matter. Sincerely, Imo. I-h/ Narda A. Wilson Senior Planner NW/ Attachments: 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Letter from Schwarz Engineering dated 1/24/01 Final plat application received 1/24/01 Letter from Schwarz Eng. Certifying improvements 1/ 17/01 Letter from Kalispell Public Works dated l/ 19/01 Letter from Schwarz Eng. Dated l/ 17/01 Letter from MDEQ dated 9/ 18/98 Certificate of Subdivision Approval MDEQ dated 9/ 18/98 Letter from Kalispell Fire Dept. (no date) Letter from USPS dated 11/12/98 Easement agreement with school for park access Subdivision improvements agreement Letter of credit from Bank West dated 1/26/01 Title report from Citizens Title dated 1/4/01 Consent to plat from Joseph and Anne Russell dated l/ 18/01 Consent to plat from T-Bend Const dated 1 / 17/ 01 Consent to plat from McElroy and Wilken, Inc. dated l/ 17/01 Consent to plat from Glacier Bank dated 1// 17/01 Consent to plat from Bank West dated l/ 17/01 Consent to plat from Anderson Lumber dated l/ 17/01 Covenants for the Willows Subdivision Treasurers Certification on taxes dated 1/30/01 c: Schwarz Eng., 4 Sunset Plaza, Suite 201, Kalispell, MT 59901 American Land and Dev., P.O. Box 417, Kalispell, MT 59903 Theresa White, Kalispell City Clerk ENGINEERING, INC. January 19, 2001 Ms. Narda Wilson Flathead Regional Development Office 723 5th Avenue East Kalispell, MT 59901 Re: Final Plat for The Willows Subdivision - Unit No. II Dear Narda: F. R. D. O. American Land and Development, Inc., developers of The Willows Subdivision wish to file for Final Plat Approval at this time. Improvements have been completed as described in the following item by item breakdown of the sixteen (16) conditions listed in the Preliminary Plat Approval dated April 1, 1997 (most of the items were completed during Phase I). A final plat application with filing fee and Subdivision Improvement Agreement addressing the conditions which are not complete are also enclosed. 1. The site has been developed in substantial conformance with the approved Preliminary Plat. 2. The roadways have been constructed in accordance with the City of Kalispell adopted Standards for Design and Construction. A letter from the Kalispell Public Works Department stating compliance with the Standard is enclosed. 3. A note reserving ten feet along Willow Glen Drive has been added to the plat. 4. Approach permits for the two approaches onto Willow Glen Drive were approved and issued by the Flathead County Road Department. Copies of the permits were submitted with Phase I final plat. 5. The subdivision name has been changed and approved. 6. A central mailbox location has been approved by the United States Postal Service and added to the Final Plat (letter enclosed). 7. The developer bonded for the coniferous tree buffer/screening in Phase I Subdivision Improvements Agreement. #4 Sunset Plaza, Suite 201 • Kalispell, MT 59901 • Tel: 406.755.1333 • Fax: 406.755.1310 • w .schwarzengineering.com Ms. Narda Wilson 01119101 Final Plat for The Willows Subdivision — Phase II Page 2 of 2 8. The sidewalks and street trees for Unit No. II will be bonded for. See Subdivision Improvement Agreement. Street lighting has been installed. 9. An agreement with the Flathead Valley Christian School for use of their open space, along with the cash -in -lieu parkland fee of $15,610.00 was submitted during Phase I. 10. All utilities have been installed underground. 11. A drainage plan approved by the Kalispell Public Works Department has been installed. (Approval letter enclosed) 12. Water and sewer plans and specifications were reviewed and approved by the Montana Department of Environmental Quality and the Kalispell Public Works Department. (Approval letter enclosed) 13. A letter from the assistant Fire Chief approving the placement and spacing of the fire hydrants within the subdivision is enclosed. 14. Phases I and II were annexed into the City in January 1999. The Subdivision Improvement Agreement lists the items which have not been completed, projected construction costs and completion dates. Also enclosed is a Title Report for Phase ll, a Consent to Plat, signed by all of the parties with an interest in the property, six copies of the Final Plat of The Willows Unit No. II, a complete set of as-builts drawings and a final draft of the covenants. Please call me if you have any questions or require additional information. Sincerely, ENGINEERING, Inc. Robert W. Stauffer Enclosures Cc: American Land and Development, Inc. Project File # 1022-99 CASCHWAR-2\PROJEC-1\ALD\WILLOW-I\Noraa Wil9 n. JanuW 19.2001.aoc Flathead Regional Development Office 723 51h Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-578 T CN "ATER AL, FINAL PLAT APPLICATION Subdivision Name: THE WILLOWS - Contact Person: Name: Schwarz Engineering, Inc. Address: 4 Sunset Plaza, Suite 201 Kalispell, MT 59901 Phone No.: 496,755,1333 Owner: t �k - - American Land & Development, Inc. P.O. Box 417 Kalispell, MT 59901 406.756.1998 Date of Preliminary Plat Approval: April 1, 1997 Type Subdivision: Residential x Industrial _ Commercial _ PUD _ Other No. of Lots Proposed: 51 Park Land (ac.): 2. 0 Land in Lots: (ac.) 1 4. 041 Cash -in -lieu: $ 1 5, 61 0. 00 ( paid in Phase I) Exempt: FILING FEE ATTACHED: $ 81 0. 00 Note: Minor Subdivision - $200 +10/lot Major Subdivision - $300 + 10/lot Prel. Plat Waived - $400 + 10/lot Not Attached Applicable (MUST CHECK ONE) (Copy -Original submitted with v Health Department Certification t0riginaij phase I) _ Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) x Consent(s) to Plat (Originals and notarized) X— Sub. Improvements Agreement (attach collateral) X_ Parkland Cash -in -Lieu (check attached) X Covenants (erigin signature providedjCo.PP�-Original Submitted _ X Homeowners By-Laws/Articles of I___ _ _ �L c0 igihals) Plats: 1 opaque GJQth back (hard ba4k 2 mylar copies 3 bluelines 1 r� SCHWARZ ENGINEERING, INC. January 17, 2001 Jan Sensibaugh, Supervisor Subdivision Section, MDEQ P.O. Box 200901 Helena, MT 59620-0901 Re: The Willows Subdivision - Unit No. II Flathead County E.Q. #99-1264 Dear Ms. Sensibaugh: We hereby certify that we have inspected the improvements to The Willows Subdivision -Unit No. II, and to the best of our knowledge and belief, have found them to be in substantial conformance with the approved plans and specifications, and in accordance with the City of Kalispell Design & Construction Standards pending completion of items noted below: • The sidewalks and street trees are not yet completed but have been bonded for and will be completed as covered in the Subdivision Improvement Agreement. • The drainage transmission culvert along the south property line of Unit No. II will be replaced and has been bonded for. • The contractor is subject to a 1-year warranty period and must address issues identified in this period. Enclosed for your records is a set of "As -Built' drawings. Sincerely, SCHWARZ ENGINEERING, Inc. J4N4 WARZ � John Schwarz, P.E. Encl.: "As -Built' Drawings Cc: Project File # 1022-99 C:\SCHWAR-2\PROJEC-I\ALD\WILLOW-I Von 5ensabaugh.Januory 17. 2001.ticc b4 Sunset Plaza,.Suite 201 • Kalispell, MT 59901 • Tel: 406.755.1333 • Fax: 406.755.1310 • w .schwarzen¢ineering.cotn City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 F, IZ. D. O. January 19, 2001 Narda Wilson Senior Planner Flathead Regional Development Office 723 5' Avenue East - Room 414 Kalispell, Montana 59901 Re: Willows Subdivision Unit No. II Dear Narda: Per the attached letter, the Subdivider for the referenced subdivision has complied with Section 8.07 INSPECTION AND CERTIFICATION of the City ofKalispell SUBDIVISION REGULATIONS. Respectfull dd Am��.E. Assistant City Engineer Attachment: Letter From Robert Stauffer, Schwarz Engineering, Inc. Dated January 17, 2001 Copy To: Robert Stauffer, Schwarz Engineering, Inc. SCHWA Z ENGINEERING, INC. January 17, 2001 Dick Amerman, P.E. City of Kalispell P.O. Box 1997 Kalispell, MT 59901 Re: The Willows Subdivision - Unit No. II Dear Dick: APPLICATION JAN 2 2 uI" F k P O We hereby certify that we have inspected the improvements to The Willows Subdivision -Unit No. II, and to the best of our knowledge and belief, have found them to be in substantial conformance with the approved plans and specifications. The sidewalks and street trees are not yet completed but have been bonded for and will be completed as covered in the Subdivision Improvement Agreement. Additionally, the drainage transmission culvert along the south property line to be replaced with a 15-inch pipe will also be bonded for. Enclosed are two sets of "As -Built" drawings containing the sheets pertaining to Unit No. II. American Land & Development is required to have a letter from the Kalispell Public Works Department stating the improvements have been installed according to the required standards before they can file the final plat on this phase of the project. Your prompt attention to this matter would be appreciated. Sincerely, SCHWARZ ENGINEERING, Inc Robert W. Stauffer Encl.: "As -Built Drawings (2) Cc: American Land & Development Project File #1022-99 C:\SCHWAR-2\PROJEC-I\AL0\W1U0W-I\Dick Amerman. Jcruo 17.20D1_tloc #4 Sunset Plaza, Suite 201 • Kalispell, MT 59901 • Tel: 406.755.1333 • Far: 406.755.1310 • w .schwarzengineeringxom DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING AND COMPLIANCE DIVISION MARC RACICaL GOVER.YOR METCALF BUILDING (406}4 4 3080 September 18, 1998 PO BOX200901 FAX (406)"4-1374 HELENA, MONT.LNA 5%204901 IOHN SCHWARZ SCHWARZ ENGINEERING 14 SUNSET PLAZA SUITE 201 KALISPELL MT 59901 RE: The Willows Subdivision Flathead County E.Q. #99-1264 Dear Mr. Schwarz: Tbc Plans and supplemental information relating to the water supply, sewage, solid waste disposal facilities, and storm drainage (if any) for the above -referenced division of land have been reviewed as required by ARIM Title 17, Chapter 36 and have been found to be in compliance with those acts. Two copies of the Certificate of Subdivision Plat Approval are enclosed. The original is to be filed with the Plat at the office of the county clerk and recorder. The duplicate is for your personal records. Development of the approved subdivision may require a General Discharee Permit for Storm Water Associated with Construction Activitv. Please contact Vicki Sullivan at (406)44445338 for more information. Failure to obtain this permit (if required) prior to development can result in significant penalties. Your COPY is to inform you of the conditions of the approval. Please note that you have specific responsibilities according to the plat approval statemeM Primarily with regard to informing any new owner as to inherent limitations which have been imposed. If you wish to challenge the conditions of this Certificate of Subdivision Plat Approval, you may request a bearing before the Board of Environmental Review or the Department, pursuant to Section 76-4-126, MCA and the Montana Administrative Procedures AM. If you have any questions, please contact this office. Sincerely, ed'r;p r i Dennis P. McKenna Supervisor Subdivision Section Water Protection Bureau c: file Flathead County Sanitarian 'AN -'UAL CR-CR'UNI,. ZMR:CYER- r STATE OF MONPANA DEPARTMENT OF ENVIRONMENTAL QUALITY CERTIFICATE OF SUBDIVISION PLAT APPROVAL (Section 76-4-101 through 764-131, MCA 1995) TO: County Clerk and Recorder E.Q. 1199-1264 Flathead County Kalispell, Montana THIS IS TO CERTIFY THAT the plans and supplemental information relating to the subdivision known as The WMows A tract of land located in the Northwest 1/ , Section 21, Township 28 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana consisting of 87 lots have been reviewed by personnel of the Permitting and Compliance Division, and, THAT the documents and data required by AILM Titie 17 Chapter 36 have been submitted and found to be in compliance therewith, and, THAT the approval of the Plat is made with the understanding that the following conditions shall be met: THAT this Certificate supersedes Certificate No. E.Q. #97-2782 dated the 15th day of January, 1998, and all previous copies should be marked superseded or removed from files, and, THAT the lot sizes as indicated on the Plat to be filed with the county clerk and recorder will not be further altered without approval, and, THAT each lot shall be used for one single family residence, and, THAT the public water supply and public sewage treatment system will be provided by the City of Kalispell, and, THAT the storm drainage system shall consist of culverts and gutters that convey all stormwater generated on -site to a storm water setting swale and then discharges to the Stillwater River, and, THAT water, sewer and storm drainage systems be installed per plans submitted by Billmayer Engineering and approved in a separate document by the Department on January 12, 1998, and, THAT the storm water settling swale shall be installed per plans dated received August 27, 1998, and received under the seal of John P. Schwarz P.E. 411258PE, and, THAT construction will be started within two years of this date. If more than two years pass before beginning construction, it shall be necessary to resubmit the plans and specifications when construction is anticipated. This two year expiration period does not extend any compliance schedule requirements pursuant to enforcement action against a public water/sewage system. Page 2 of 2 The Willows Flathead County E.Q.#99-1264 THAT within 90 days after construction is completed upon a public water system, wastewater system, or storm drainage system, or upon an extension of or addition to such a system, the Professional engineer shall certify to the Department that the construction, alteration or extension was completed in accordance with the plans and specifications approved by the Department, and, THAT project certification shall be accompanied by a complete set of "as -built" drawings bearing the signature and seal of the professional engineer, and, THAT instruments of transfer for this property shall contain reference to these conditions, and, of the plat. and a copy of this document and THAT departure from any criteria set forth in the approved plans and specifications and Title 17, Chapter 36, Sub -Chapters 1, 3, and 6 ARM when erecting a structure and appurtenant facilities in said subdivision without Department approval, is grounds for injunction by the Department of Environmental Quality. Pursuant to Section 76-4-122 (2)(a), MCA, a person must obtain the approval of both the State under Title 76, Chapter 4, MCA, and local board of health under section 50-2-116(1)(i), before filing a subdivision plat with the county clerk and recorder. YOU ARE REQUESTED to record this certificate by attaching it to the Plat filed in your office as required by law. DATED this 18th day of September 1998. MARK SIMONICH DIRECTOR By: DennisMcKenna, Supervisor Subdivision Section Permitting and Compliance Division Department of Environmental Quality Owner's Name: American Land & Development Inc Kalispell Fire/Ambulance Dept. 336 1st Ave. East • P.O. Box 1997 Telephone 406-758-7764 Kalispell, MT 59903-1997 Fax 406-758-7758 To: Bob Stausfer Re: Hydrants at Willows subdivision The Kalispell Fire Department approves of the placement and spacing of the fire Hydrants at the Willows subdivision. Orland Leland Assistant Chief w suLTAFI=M EM:grp November 12, 1998 TO: FLATHEAD COUNTY PLANNING DEPARTMENT RE: THE WILLOWS SUBDIVISION TO WHOM IT CONCERNS: THE ABOVE -REFERENCED PROJECT HAS BEEN REVIEWED, AND A SUITABLE LOCATION FOR MAIL DELIVERY HAS BEEN ESTABLISHED. IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CALL ME AT (406) 755-0187. 1 ' 1 ELDEN MARVEL MGR CUSTOMER SERVICES U S POSTAL SERVICE FLATHEAD STATION 248 1'AVE W KALISPELL MT 59901-9998 �E9zEu�� N 0 v i b 1998 Fu: I 1 I 1 1 I 1- 1 I AGREEMENT AGREEMENT made this 30%day of r I 1999, between Flathead Christian School, a Montana non-profit corporation, and American Land and Development, Inc., a Montana corporation. Recitals A. Flathead Christian School ("Schoor) owns property located in the NWl/4 SWl/4 Section 21, Township 28 North, Range 21 West, Flathead County, Montana, which is generally shown on Exhibit A. B. American Land and Development, Inc. ("American") is the developer of a subdivision known as The Willows located in the NW 1/4 Section 21, Township 28 North, Range 21 West, Flathead County, Montana, which is generally shown on Exhibit A. C. Located near the northwest comer of the School's property is swail which American has offered to fill, compact and level in exchange for residents of The, Willows being permitted to use the filled area for park or recreational purposes so long as said uses do not conflict with the School's use of the area. NOW, THEREFORE, in consideration of the mutual covenants and promises set forth in this Agreement, the sufficiency of which is acknowledged, the parties agree as follows: 1. Improvement to real property. The parties agree that American Land and Development, Inc. will fill and level the swail located near the northwest comer of the School's property to the a level of balance, cut and fills. The fill will be of native materials from the surrounding area, and it will be compacted consistent with acceptable engineering standards recognizing the intent of the parties that the resulting area will be uniform, level and suitable for outdoor recreational activity. American will seed the area with native grasses and will be responsible for ensuring its initial growth in a manner acceptable to the School. The location and amount of fill material that American may use from other property owned by the School must have the latter's prior written permission. American's responsibilities pursuant to this property will be performed prior to September 1 1999, and its responsibilities shall not be considered completed until the results have been approved in writing by the School. 2. Maintenance of improvements. Once filled, leveled and seeded, maintenance of the improved real property will be the responsibility of the School. 3. Permitted use of improved area. The School hereby grants a license (not an easement) to American and its grantees of lots in The Willows subdivision to use the improved area for park and recreational purposes, provided that use of the filled area for •tip School activities shall have priority and may be to the exclusion of American and its grantees at such times. This license does not extend to any real or personal property of the School other than the fill area. No improvements may be erected or constructed on the fill area by American or its grantees without the prior written consent of the School. 4. Alternate usage. The parties recognize that the School may decide to convert the area of filled real property to other usage in the future. In that event, the School will notify American, or its successor, of the intended change of usage and will designate alternate property belonging to the School for recreational or park usage, if available. 5. Indemnification and insurance. American agrees to indemnify the School against all claims, causes of action and damages that may arise from usage of the School's property as described in this Agreement, and shall provide casualty and liability insurance coverage that names the School as a covered insured in the amount of $1 million per occurrence against such claims, causes of action and damages. At such time as American conveys the common areas in the subdivision to an incorporated homeowners' association or upon final approval of Phase II of The Willows, American shall assign this Agreement to said association and shall require the association to honor the terms of this Agreement, including the provisions of this paragraph. A copy of the current insurance endorsement naming the School as a covered insured shall be provided to it by American or the association. The parties recognize that the provisions o? this paragraph are material and that a failure to comply with its terms is grounds for the School denying usage of the improved area or terminating this Agreement upon giving prior written notification thereof to American or the Association and allowing them an opportunity to cure the default. 6. Binding effect. This Agreement shall be binding upon the parties, their successors, assigns and grantees. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. 1 American Land and Development, Inc. A-�� 1� i x— President V. P President Conditions, upon which preliminary plat approval has been granted to Willow Brook Subdivision this date of April 1, 19977, are as follows: 1. T'nat the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots, easements and roadways. 2. Thar the roadways within the subdivision shall be constructed in accordance with the adopted Standards for Designs and Construction, which includes the pavement, curbs, gutters, sidewalks and drainage system. A letter from the Kalispell Public Works Department shall be required stating that the improvements have been irszolled according to the required specification at the time of final plat approval. 3. A note sba'1 be placed on the final plar reserving ten feet along the western boundary of the properzy for future r:°'ht-of-way acquisition for the expansion of Willow Glen Drive. 4. That an approach permit for access onto Willow Glen Drive shall be obtained from the Flathead County Road Depa.-=enL. 5. The name of the subdivision shall be chanced so as not to Ccr.f;= vritt other —subdivizium in riaihead Counrr named willow Brook and shall be approved by the Flathead Counrr Plat Rcem. 6. The developer shall install a cznt`al mailbox location approved by the U. S. Postal. Service and shall be indicated on the final plat. i. Thar a 20-foet wide buffer area comprise- of coniferous trees located on the easterly 10 feet of the buffer area boundary shall be provided along the western property boundary and around the parcel containing the existing building located on the southwest comer of the subdivision to provide screwing, buffering and dust abatement. 8. That sidewalks shall be constructed on both sides of the street and there be a minimum five -fact boulevard space berxeea the sidewalk and roadway that is planted with street crees at 5040ot intervals. Street lighting shall be located within the subdivision and shall be shielded so that does not intrude unnecessarily onto adjoining properties. 9. TLi~1t a cash -in -lieu of parklaLd fee in the ameunL of S 15,610.00 may be accepted if the developer can provide an agr----=enL with the neighboring school to access and utilize their playgrrcuLd � space a c:e<-s fro= tte i` i-i egtuptieLL 2..d Cpe : c_�. S bd ! CL to Le schCol �%__'1 ,ram. ?l+ed b,•. wa.. `,p- :etes - -__�<_ °�"-^L ".:.iC: c-;l,i CZ it;C3t3- CL be - .�...... �v Conditions of Preliminary PIatlWillow Brook Subdivision Page 2 plat Easements from the adjoining propery owners) and school granting this use must be submitted with the final plat. If this is net viable, then a park shall be dedicated within the subdivision which is no smaller than 20,000 square feet and a cash -in -lieu of parkland in the amount of 512,733.00 shall be paid. 10. All utilities shall be installed underground. 11. A storm water drainage plan which incorporates the drainage easement along the south side of the propene and the slough to the west shall be coordinated with the Cirr of Kalispell and Flathead County and imnIeme_=d accordingly. The storm water drainage plan shall be approved by the ,lispell Public Worts Deparunent. 12. That all water and server se.nice a: d the plans a^d speciLcadcas shall be reviewed and approved by the Ivfontana Department of Environmental Quality, the Kalispell Public Works Depar=ent, and the Kalispell City Council. 13. That a letter from the Kalispell fire chief approving the location and placement of the fire hydrants within the subdivision shall be submitted with the final plat 14. That the final plat for Phase LI shall be fled isn.iin vvc (2) y�c.i;, G —1 pia- approval for Phase I. 15. That Phases I and II shall be annexed into the City prior to final plat approval. 16. That prelimina i approval shall be valid for a period of three (3) years from the date of approval. BOARD OF CONafISSIONERS FLATHEAD COUNTY, MONTANA Robert W. Wame, Chairman .� Howard W. Gipe, Member Dale ;V. ti l�rs, �IeWbe: () Flathead County Board of Commissioners (406)758-5503 Howard W. Gipe Robert W. Wame Dale W. Willinmq PEEVEr April 1, 1997 Mr. Thomas R. Jentz, Director APR 1 1997 Flathead Regional Development Office ILA'IT4"a aao,, 723 Fifth Avenue East. Room 414 Kalispell, Montana 59901 RE: Preliminary Plat BROOK SUBDIVISION Dear Mr. Jentz: On this date, the Flathead County Board of Commissioners reviewed the preliminary plat application for Willow Brook Subdivision. The Board of Commissioners has ;ranted conditional approval to this request. A copy of the conditions, Exhibit A, is attached for your reference. This preliminary plat approval is in effect for three years and will expire on April 1, 2000. Please contact our office if you have any questions regarding this matter. Sincerely, BOARD OF COMMISSIONERS FLATHEAD COUNTY, MONTANA Robert . Wame, CZ- Z, /� Howard W. Gipe, Member Dale W. Williams, Member Attachment: Exhibit A c: American Land & Development Co. 74 First Ave. W.N. Kalispell, MT 59901 Flathead County Road Dept. Billmayer Engineering 2191 Third Ave. East Kalispell, MT 59901 Flathead County Parks Dept. 800 South Main -. Kalispell. Montana 59901 " Faz (406) 758-5861 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 19rd day of January 2001, by and between the CITY COUNCIL, City of Kalispell, Party of the First Part and hereinafter referred to as the CITY, and American Land and Development, Inc. a Corporation, located at P.O. Box 417 Kalispell, Montana 5 990 1, Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as The Willows, located at SW ''/4, NW 1/4, Section 21, T 28N, R 21 W, Flathead County, Montana and, WHEREAS, the City has conditioned its approval of the final plat of The Willows — Unit No. II upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $33,071.00. NOW, THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $41,338.75. Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: Flathead County subdivision Regulations Pagel of 5 a. That the creditor guarantees funds in the sum of $41,338.75, the estimated cost of completing the required improvements in The Willows — Unit II. b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. 2. That said required improvements shall be fully completed by August 30, 2001. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. Flathead County Subdivision Regulations Page 2 of 5 IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such fiords as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. American Land and Development, Inc. by f%Q ii / iI40 ! ✓ c / U. P (Title) Flathead County Subdivision Regulations Page 3 of 5 STATE OF MONTANA COUNTY OF �G On this \1�= day of Tn r, .c, ry 20D�,_, before me, a Notary Public for the State of Montana, personally appeared known to me to be the \j • n of zx�qz� whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Notary Public for the State of Montana Residing at\)�-�� My Commission. Expires 'SRO \C� MAYOR, CITY OF ICALISPELL an ATTEST: M Mayor Finance Director Flathead County Subdivision Regulations Page 4 of 5 110,4:11.31r\ Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. IMPROVEMENTS Sidewalks Street Trees Storm Drain Replacement Park Area Seeding Lift Station Access Road CHECK APPROPRIATE BOX TOTAL COLLATERAL (TOTAL COST x 125%) CONSTRUCTION COMPLETION DATE ESTIMATED CONSTRUCTION COSTS As lots are developed $18,693.00 8/30/01 $ 2,000.00 8/30/01 $ 1,200.00 8/30/01 $ 8,208.00 8/30/01 $ 2,970.00 SUBTOTAL $33,071.00 FEES TOTAL COST $33,071.00 541,338.75 Flathead County Subdivision Regulations Page 5 of 5 PROPOSAL J & B Foundatiom%Inc. William Nessly 1260 Hems Rd. CoL Falls, Mt 59912 PH. 892-3690 MIA Pro osal Submitted To: American Land and Devel ent O Box 417 4 Kalispell, Mt Work To Be Performed At: Willows, phase 2 We hereby propose to furnish the materials and perform the labor amevsary for the completion of, Sidewalks; approximately 3000' x 5' All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a subsratial workmanlike manner for the sum of Dollars 18,693.00 with payments to be made as follows: payment due upon completion of above specified work Any alteration m deviation from above specifieatiuos mwlvmg extra costs, will be eaaaaed only upon wn m orders, and will become an extra charge over and above the estimate. All agreements condom[ upon smkm aamdmts m delays beyond oar control. Owner to racy fire, tosmdo and other necessary momenta upon above work. Wmkmra s Compensation and Public Liability lh� on above we& to be taken out by: Respectfully submitted: Note- This proposal may be withdrawn by us if not ACCEPTANCE OF PROPOSAL Ts, he above pricespecifications the work as specifiecl. and conditions are satisfactory and ace hereby accepted. You are authorized to do Pavatent will be made as outlined above. ate: Si e: Signature: Mud Guys! JAM-17-01 WED )5:27 P. 02 of N 76!��5775 7i;104� 51y, MTM _Tc I McELROY & VILKEN, INC. 801 WHITEFISH STAGE P. 0. 80X 35 KAUSPELL, MT 5900-M35 hereby to furnish malarial and labor — compFws m. a7wrtiance with above spWkaUmA. for the sum of: t a be pm" as follows: (a kW IS be .aV-99" M m*lmb*cw.PkW In a wA.,ft mwnw n A. .7 13. - dW*��NtWwdw tolm wmmo. �k*�qdbrvW w, TKS pro maybe not &=;god ---Crays. Of PCOPOSAI — The above pf(CaS. specifications and afistac" and are hereby acmWed. You SM auftrized to S'. Wdfisd. Pavrs l will be made as outlined above. �ro�o�aY Page No. of Pages -BEND CONSTRUCTION, INCO P.O. BOX 1415 WHITEFISH, MONTANA59937 (406) 862-5415 a FAX (406) 892-6606 EXCAVATING - GRADING -ASPHALT PAVING PROPOSAL SUBMITTED To PHONE DATE L 0i MEET JOB NAYS CRY. STATE AND ZIP CODE JOB LOCATION a 4J ARCHITECT DATE OF PLANS JOB PHONE \Ye hwabl'riarra spri caWro and awbarer for. Re )*,A InitA trV& CF 1AJ Ph"M'5C 11 fj,S delFaglrec/j f5 y CjTy 0 KfiLISPC LL. , Not responsible for work done by others or grades less than 1 %. Wit 3Pr0P0$1! hereby to furnish material and labor -complete In accordance with above specifications, for the sum of.. dollars ($ ). lr ar aswamaea as Pmwne reiamsisa,alaneuter blrieOa alp.dma��y ram,bweaorssrgN. wrerwaaoreW supra Oeoiratirds4riady awrrw. brereadbryder uarrre hwaa wrM b o{ewaach " Claim" anonWe ka' Paprrwa b be node r teaoac Due on canipladon. I is urrdaralood Und a finance charge at the maximum legal Me well be applied eras past due Imrolows. AN m.eaI Is guarardead to be as sp.dled. All work to be conplebd in a wonananNke Aid maser aaaN V to slenderd pracdoes. Any alteration or dovlapn Iron above speaB s , tier. Imolrdng ®aa areb wig be WOMAted Drily upon written order, ore will beow an ems darge over and above the eatknate. AN agreements eonHngem upon Wflu , ax4 derneerdelays beyond our Control. Omar to carry fire. lomado and other rbceaxary lrwrr• Note: This mpoaal may be wlihdrawn by us d not aooepted wahin days. arcs. Our workers are k* covered by W rWMWS Compensation kwrrrance. '"4tanre 0E "rolwai The above prices, specifications and conditions are satisfac- tory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: s p ease JAN-18-2001 THU 01:46 P11 TLC 406 752 2029 P. 01 TLC � ��'��' GROUNDS • UR/6A71pp/ �OW 7 ,.n C04 MMNreNANC[ January 18, 2001 American Land P. 0. Box 417 Kalispell, MT 59W1 Fax (406) 755-1310 attention Bob Re: The Willows Phase li Dear Scott: Thank you for considering TLC to perform various landscape tasks at The Willows Phase II. As per you request I dtfer the following quotes: • Lay 1,000 feet of owner supplied 12' corrugated pipe. $236.00 • Plant owners supplied trees @ S25.00 per tree. • Drill seed large field, (136,800 S.f.), with high quality Kentucky Blue Grass seed. $8,208.00. Please let me know your schedule as soon as possible, at this point our schedule is pretty full through May. Yours truly, Neil Dearing Owner of TLC Irrigation - Landscaping • Grounds Maintenance • The Sprinkler Store 746 Woodland Avenue • Kalispell, Montana 59901 • (406) 755-LAWN • FAX 755-5256 - ticare@diglsys.net American land & Development 75 First Avenue W.N. • Kalispell, MT 59901 406/756-1998 • Fax 406/755-4995 Customer Name: W /vc,'-� Addres Phone: Mbank cUoul SCHWARZ ENGINEERING, INC. January 19, 2001 City Council - City of Kalispell P.O. Box 1997 Kalispell, MT 59901 Re: The Willows - Unit No. II Certification of Subdivision Improvements and Agreement Dear Council Members: Please be advised that we have inspected the improvements to The Willows - Unit II and to the best of our knowledge and belief, all required improvements with the exception of those listed in the Subdivision Improvements Agreement, have been installed in accordance with the attached as -built drawings. Pursuant to Section 8.04 of the Subdivision Regulations for the City of Kalispell, we have prepared a cost estimate for the completion of remaining improvements for The Willows - Unit No. II. The remaining items and their costs are as follows: ITEM COST 1. Sidewalks $18,693.00 2. Street Trees $ 2,000.00 3. Storm Drain Replacement $ 1,200.00 4. Parkland Seeding $ 8,208.00 5. Lift Station Access Road $ 2,970.00 Total $33,071.00 125% of Total $41,338.75 The developer is projecting items 2, 3, 4 and 5 to be completed by August 30, 2001. Item 1 will be completed as the lots are developed. Sincerely, SCH W John Schwarz, P.E. Cc: Project File C:\SCHWAR-2\PROJEC-1\ALD\WILLOW-1\CiNCwn61- City of Kalispell,Januw 19,200T,doc #4 Sunset Plaza, Suite 201 • Kalispell, MT 59901 • Tel: 406.755.1333 • Fax: 406.755.1310 • www.schwarzengineering.com January 26, 2001 City Council -City of Kalispell PO Box 1997 Kalispell, MT 59901 The Willows — Unit No. 11 American Land & Development, Inc. RE: IRREVOCABLE LETTER OF CREDIT#01-1000 Dear Sirs: BanhWest NATIO NAL ASSOC IATIO N 444 WEST IDAHO P.O. BOX 7070 KALISPELL, MONTANA 59904 (406) 75S-2255 ;iPPLICPTIGN �4 JAN 3 0 2001 F. R. D. O. We hereby establish our Irrevocable Letter of Credit #01-1000 in your favor at the request and for the account of American Land & Development, Inc. We undertake to honor your drafts at sight on us not exceeding in total of $41,338.75. This letter is valid until January 24, 2002, unless as thereafter extended and drafts drawn hereunder, will be duly honored if presented to us at our office on or before that date. All drafts must be marked `Drawn under Irrevocable Letter of Credit #01-1000 with BankWest, NA", dated January 24, 2001. Sincerely, Michael ackson Senior Vice President J GUARANTEE `�� t AM E RI0a FirstAmerican Titlelnsurance Company 3 ,Y HForm No. 1202 (Rev. 1 y15/es) FILE NO.: CT-63419 FEE: $125.O0 H 329241 SUBDIVISION OR PROPOSED SUBDIVISION: The Willows Unit No. 2 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: American Land and Development, 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: That portion of the Southwest 1/4 Northwest 1/4, Section 21, Township 28 North, Range 21 West, Flathead County, Montana, Described as follows: Beginning at the Southeast corner of the Southwest 1/4 Northwest 1/4, Section 21; thence along the South line of the Southwest 1/4 Northwest 1/4 South 89*53,271, West 1140.03 feet; thence North 00*09.00" West 107.00 feet; thence South 89*53127" West 152.00 feet to the East line of Willow Glen Drive; thence along the East line of the road North 00*09,001, west 106.94 feet; thence North 84'26'12" East 111.77 feet to a point on an 85.00 foot radius curve concave Easterly having a radial bearing of North 69'37'50" East; thence Northerly along the curve through a central angle of 20'13119" 30.00 feet; thence North 89'52132" East 60.00 feet; thence North 00*081511, West 124.08 feet; thence North 89*53100" East 354.25 feet; thence North 00*08.511, West 209.11 feet; thence North 89'52'32" East 13.77 feet; thence North 00*08151" West 162.31 feet; thence North 89'52'32" East 758.00 feet to the East line of the Southwest 1/4 Northwest 1/4; thence along the East line - South 00'08.52" East 749.75 feet to the Point of Beginning. The above -described tract of land is to be known and designated as The Willows Unit No. 2. Continued... FILE NO.: CT-63419 Page 2 of 4 H 329241 (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 by said Plat are: American Land & Development, Inc., Glacier Bank, Joseph William Russell and T-Bend Construction, Inc., a Montana corporation, Anderson Lumber Company, Bankwest, National Association, McElroy & Wilken, Inc. and Anne Deniston Russell. (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county taxes for the year 2001, a lien not yet payable. 2. General and special county taxes for the second half of 2000, a lien now payable. NOTE: General and special county taxes for the first half of 2000 and all prior years have been paid in full. 3. Deed of Trust dated November 4, 1997, to secure an indebtedness in the principal sum of AMOUNT : $425,000.00, and the total principal indebtedness that may be outstanding at any given time which is secured by this Deed of Trust is $465,000.00, and any other amounts and/or obligations secured thereby. RECORDED : November 5, 1997, as Doc. No. 1997-309-16310, records of Flathed County, Montana. GRANTOR : American Land & Development, Inc. TRUSTEE : Citizen's Title & Escrow Co., Inc. BENEFICIARY: Glacier Bank AFFECTS : The Willows Units No. 1 and 2. 4. Mortgage dated November 4, 1997, to secure an indebtedness in the principal sum of AMOUNT : $125,000.00, and any other amounts and/or obligations secured thereby. RECORDED : November 5, 1997, as Doc. No. 1997-309-16330, records of Flathead County, Montana. MORTGAGOR: American Land & Development, Inc., a Montana corporation MORTGAGEE: Joseph William Russell and Anne Deniston Russell AFFECTS Lots 7, 8, 14-16 of The Willows Unit No. 1 and Lots 35-42 Of The Willows Unit No. 2 Continued.-. FILE NO.: CT-63419 Page 3 of 4 H 329241 5. Montana Trust Indenture dated March 9, 1999, to secure an indebtedness in the principal sum of AMOUNT : $10,582.18, and any other amounts and/or obligations secured thereby RECORDED : April 27, 1999, as Doc. No. 1999-117-08010, records of Flathead County, Montana. GRANTOR : American Land Development, Inc., a Montana corporation TRUSTEE : Alliance Title & Escrow Company BENEFICIARY: T-Bend Construction, Inc., -a Montana corporation 6. Montana Trust Indenture dated October 18, 1999, to secure an indebtedness in the principal sum of AMOUNT : $112,100.00, and any other amounts and/or obligations secured thereby. RECORDED : October 20, 1999, as Doc. No. 1999-293-15460, records of Flathead County, Montana. GRANTOR : American Land and Development TRUSTEE : Randall A. Snyder BENEFICIARY: Anderson Lumber Company AFFECTS : Premises and other property 7. Deed of Trust dated September 28, 2000, to secure an indebtedness in the principal sum of AMOUNT : $725,000.00, and any other amounts and/or obligations secured thereby. RECORDED : September 29, 2000, as Doc. No. 2000-273-11040, records of Flathead County, Montana. GRANTOR : American Land and Development Inc. TRUSTEE : Citizen's Title & Escrow BENEFICIARY: BankWest, National Association AFFECTS : Premises and other property 8. Mortgage dated October 2, 2000 to secure an indebtedness in the principal sum of AMOUNT : $92,000.00, and any other amounts and/or obligations secured thereby. RECORDED : October 17, 2000, as Doc. No- 2000-291-16410, records of Flathead County, Montana. MORTGAGOR : American Land & Development, Inc. MORTGAGEE : McElroy & Wilken, Inc. AFFECTS : Premises and other property Continued... • I. FILE NO.: CT-63419 Page 4 0£ 4 H 329241 (3) Easements, claims of easements and restrictions agreement of record are: 1. Declared county road (Willow Glen Drive) along the Westerly boundary as disclosed by available county maps. 2. The effect of restrictions contained in Certificate of Subdivision Plat Approval recorded with Certificate of Survey No. 4535. (AFFECTS: A Portion of Premises) 3. Resolution No. 654AF executed by Flathead County Board of County Commissioners for Zoning, recorded August 25, 1994 as Doc. No. 94-237-09450, records of Flathead County, Montana. (AFFECTS: Premises and other property) 4. Resolution No. 1220A executed by Flathead County Board of County Commissioners for Zoning, recorded May 27, 1997 as Doc. No. 1997-147-09370, records of Flathead County, Montana. (AFFECTS: Premises and other property) 5. 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. 6. Easement for an electric underground distribution line of one or more conductors granted to Pacificorp, a Corporation recorded April 21, 1998, as Doc. No. 1998-111-11010, records of Flathead County, Montana. 7. Landscape buffer zones and various easements as disclosed on the unrecorded Plat of The Willows Unit No. 2. 8. Terms and contitions of Resolution No. 4443 (Annexation into the City of Kalispell), recorded February 10, 1999, as Doc. No. 1999-041-08050, records of Flathead County, Montana. The above described property is located within and subject to the jurisdiction of the South Kalispell Firms\IDistrict. DATED: January 4, 2001, at 8:00 A.Mi/ J Subscribed and sworn to before me tflis -a 9�aY of,e Notar Publi Residing ati My Commission THE END i 3+ 3E L GO 5B+ 3D 3PA 3AAF 3+ 3AAC 3AAG j 3+ 5B+ 3H i i 3F 3+ 3 DA 3AC 3AC6 G 3AA -1 1 12 13 426 10 27 4 10 \ 9 15 24 z 2B 9 3AAB + 3AAB+ w�29 g B? 3u 4A 7 17 22 30 e 6� 18 21 0 31 3 a = 5 5m1920 32 7 4 BUTTERCUP L00 4AA 5 ,� 4 3 8,8 B 8 83 5 3 3ACA+ + 2 a 4 Q 2 4C 3 i 2 2 A AM PLAT 3ACA+ B_-- --_-- . i i fl �< + 1 <4- CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, JOSEPH WILLIAM RUSSELL and ANNE DENISTON RUSSELL, Beneficiaries, hereby consent to platting and dedication of land included in the plat of WILLOWS UNIT NO. 2. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this \r6v,day of5c r,,,e,,. , 2000 \� ANNE DENISTON RUSSELL STATE OFc�.,r\c,, ) County of c\ce _� ) ss. On thisday off t .\, 200\ , before me, the undersigned, a Notary Public for the State aforesaid, personally appeared JOSEPH WILLIAM RUSSELL and ANNE DENISTON RUSSELL, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Residing atr �\� My Commission expires a1cQ ..\K9 ,�p� CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, T-BEND CONSTRUCTION, INC., Beneficiary, hereby consents to platting and dedication of land included in the plat of WILLOWS UNIT NO. 2. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this 7tkdayof,200�j . -Of D CONSTRUCTION, --- STATE County ofss. On this day of Sc , 200 �, , before me, the undersigned, a Notary Public for the State aforesaid, personally appeared q yx� r-T- BEND CONSTRUCTION, INC., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Residing at �},c-r\,�y�-Q_\� My Commission expires V-� CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, MCELROY & WILKEN, INC., Beneficiary, hereby consents to platting and dedication of land included in the plat of WILLOWS UNIT NO. 2. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this / day of JA w,z 200 BY: Of MCELROY & IrLKEN, INC. STATE OF M 0 QTAM AA ) County of FLATREAD ) ss. On this _Lj_ day of A t,3 U A RV > 200_�, before me, the undersigned, a Notary Public for the State aforesaid, personally appeared � /�t21/ M I LL;Ftii of MCELROY & WILKEN, INC, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the $tate f N Residing at J<A L l TPE L L My Commission expires y — 2O —2001 CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, GLACIER BANK, Beneficiary, hereby consents to platting and dedication of land included in the plat of WILLOWS UNIT NO. 2. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this 17 day of , 200 ( . t/O GL R B STATE OF (n(W+ M4 ) County of —4j&fhs ad ) ss. On this 7 day of 200L, before me, the undersigned, a Notary Public for the State aforesaid, pers naliy ap ared St4.. P►+S ro J. dA rjt �F L n1 1 of GLACIER BANK, ]mown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary PubTic for the State of cn. , , Residing at K , E, .�04j0 iw nncdmo-) My Commission expires pp CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, BANK WEST, NATIONAL ASSOCIATION, Beneficiary, hereby consents to platting and dedication of land included in the plat of WILLOWS UNIT NO. 2. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this /,� day of T kivA-k) 12001 . BY. &6c C l � /01y'f (> P Of BA14K WEST, NATIONAL ASSOCIATION STATE OF/I/lMk-,,6— ) County of p. p I) ) ss. On this 1-7 day of 200 1, before me, the undersigned, a Notary Public for the State aforesaid, personally appeared 1 4n+-�n ✓✓9 of BANK WEST, NATIONAL ASSOCIATION, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Residing at My Commi CONSENT TO PLATTING Pursuant to Section 75-3-612, MCA, the undersigned, ANDERSON LUMBER COMPANY, Beneficiary, hereby consents to platting and dedication of land included in the plat of WILLOWS UNIT NO. 2. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this 1Z day of , 200L. STATE OF M"an0- ) County of F1a4head ) ss. On this 17 day of Janoao 1200 1 , before me, the undersigned, a Notary Public for the State aforesaid, personallyTappeared afen+ L Hca i l of ANDERSON LUMBER COMPANY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ^, Nota Public for the State of m fares" Residing at 1; sDe 11 M My Commission expires (sober 2 2a-4 d DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS THE WILLOWS SUBDIVISION THIS DECLARATION, made this day of , 1999, by the undersigned, AMERICAN LAND AND DEVELOPMENT, INC., WHEREAS, the undersigned is/are the owner(s) of certain real property known as THE WILLOWS SUBDIVISION, according to the recorded plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana; and whereas the undersigned are desirous of subjecting the real property to the restrictions covenants and reservations hereinafter set forth, each and all of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest and any owners thereof; NOW, THEREFORE, AMERICAN LAND AND DEVELOPMENT, INC., being the owners of all the real property know as THE WILLOWS SUBDIVISION, according to the plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana, hereby declare that the said real property is, and shall be held, transferred, sold and conveyed, subject to the conditions, restrictions, covenants and reservations hereinafter set forth. The covenants, conditions and restrictions hereinafter set forth are designed to provide a uniform plan for the development of the whole of said subdivision. All persons or corporations who now or shall hereafter acquire any interest in and to the above described property shall be taken and held to agree and covenant with the owner of the lots in said subdivision and with their heirs, successors and assigns, to conform to and observe the following covenants, restrictions and conditions as to the use thereof and as to the construction of dwellings and improvements thereon. PURPOSE, USE AND ACTIVITIES: A. No lot shall be used except for one single-family residence and no building shall be erected, altered, placed or permitted to remain except for residential purposes, together with the outbuildings approved by the Architectural Control Committee. B. No lot shall be further subdivided. C. No temporary building, house trailer, mobile home, basement or partly - finished building or structure shall be erected or placed upon this property Conditions, Covenants & Restrictions — The Willows Subdivision Page / of 7 s during construction. All construction shall be complete within one year from the date construction begins. All homes must be of a new construction, and each one and two-story structure shall contain no less than 1200 square feet of "living space" on main floor, all bi-level and tri- level structures shall not contain less than 900 square feet of "living space" on each floor, exclusive of attached garages, basements and open porches. D. All lots shall be landscaped to the paved street. E. The parking or storage of campers, camping trailers, pick-ups campers, trucks over'/. -ton, boats, trailers or unlicensed vehicles is prohibited, unless it is screened from public view. No signs, advertising billboards or advertising structures of any kind shall be erected, used or maintained on this property, except for the purpose of advertising for sale or rent of the property upon which it is erected. G. A minimum two -car garage shall be provided for each lot. H. All driveways shall be paved with asphaltic or concrete surfacing from street pavement to garage. No profession, business or manufacture trade, or commercial activity may be conducted on the premises. J. No building on any lot shall be located closer than twenty feet (20'-0") to the front or rear lot line nor closer than five feet (5'-0") to either side of tract line. K. No fuel tanks above or below the ground are allowed. L. For elimination of traffic hazards and to promote traffic safety, no hedge or shrub planting which obstructs sight lines at elevations between three feet (X-O") and six feet (6'-0") above the roadway shall be placed or be permitted to remain on any comer lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five feet (25'-0") from the intersection of the street lines, or in case of a round property comer, from the intersection of the street property lines extended. The some sight line limitations shall apply on any lot within ten feet (10'-0") from the intersection of a street property line with the edge of a driveway. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight items. M. An "Architectural control Committee" is hereby formed, consisting of the developers and such lot owners as they may from time to time appoint. At such time The Willows Homeowners' Association is formed, the Architectural Control Committee shall consist of such person or persons as Conditions, Covenants & Restrictions — The Willows Subdivision Page 2 of 7 determined by said Association. All owners intending to construct a dwelling or build any type of structure whatever upon any lot shall first submit their plans and specifications, in writing, to the Architectural Control Committee. Plans must include proposed exterior colors. N. No dwelling house or other structure or fence shall be erected, placed or altered on any lot until the construction plans and specifications, along with the proposed site therefor, have been approved, in writing, by the Architectural Control Committee as to the quality of workmanship and materials, harmony of external design with existing structures, and location of the structure with respect to topography and finish grade elevation. Approval or disapproval by the Architectural Control committee must be in writing. In the event the Committee fails to act within thirty (30) days after the proposed plans and specifications of any structure have been submitted, in writing or in any event, if no suit to enjoin the construction has been commenced prior to the completion of an entire dwelling, no. specific approval shall be required for such structure and the pertinent provisions of this Declaration shall be deemed to have been fully complied with. O. No fence shall be over six feet (6'-0") in height. There shall be no fence forward of the rear of the house. The fence design shall be approved by the Architectural Control Committee. P. All utilities shall be underground. Q. The zoning of the property at the time of the riling of these covenants is R-. 2 and all uses must comply with that zoning, unless the zoning has been changed prior to the attempted use. If the zoning has been changed, the use shall comply with the then existing zoning. In addition, if, as at the present time, there is a need for a zoning compliance permit from the local planning authority, such permit shall also be required under these covenants. R. One of the purposes of these covenants is to impose upon each lot a proportionate share of the taxes on the subdivision's common properties. Such share is determined by dividing the number of lots in the final plat by the tax amount. As to common properties which are roads outside the subdivision, taxation thereon will be determined by the instrument of conveyance. S. The conditions imposed upon subdivision approval are incorporated herein as part of these covenants to the extent they apply to the use of the property. (Attached hereto as Exhibit A is a copy of the conditional approval of the subdivision.) Conditions, Covenants & Restrictions— The Willows Subdivision Page 3 of 7 II. ANIMALS, BIRDS AND PETS: A. No poultry, birds, hogs or other livestock shall be kept or raised. Cats, dogs or other small household pets, not to exceed two in total number, may be kept. All pets are to be leashed or fenced or otherwise confined to the premises. III. REMOVAL OF WASTE, PROPERTY APPEARANCE AND UPKEEP: A. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance to the neighborhood. B. All structures upon the property shall be kept in good repcir and appearance. C. No part of this property shall be used or maintained as a dumping ground or storage ground for rubbish, trash, garbage; old automobiles or other waste. All waste shall be removed as often as necessary. Equipment for the disposal of such material shall be concealed, except for pick-up, and must be removed from the street by 6:00 p.m. on the day of pick-up. Undeveloped lots shall be mowed at least once a year. D. The acquisition of property in this subdivision is a waiver of any claims for normal agricultural activities conducted on adjacent properties. Any owner of a lot within this subdivision recognizes that there are adjacent agricultural activities on the adjoining land and relinquishes all rights for relief from such activity. Each owner specifically reserves his right to seek compensation or injunctive relief for injuries to person or property caused by any dangerous instrumentality or toxic waste or for negligent or intentional actions by those using the agricultural property. IV. HOMEOWNERS ASSOCIATION: A. The Grantee covenants and agrees that he, she or they will become and remain a member to The Willows Homeowners' Association so long as the Grantee retains any interest in the property conveyed and, by accepting the conveyance, the Grantee binds himself, herself or themselves to abide by the by-laws and reasonable rules and regulations of the Association which may be adopted by the Board of Directors from time to time, and the Grantee agrees to pay the Association such annual dues and assessments as its Board of Directors shall fix and determine, and said dues and assessments shall be paid at such time as the Directors shall determine. B. The Willows Homeowners' Association shall be formed at a time to be designated by the developers, but no later than when the entire Conditions, Covenants & Restrictions — The Willows Subdivision Page 4 of 7 . AI J development is complete, and shall consist of the owners of each lot of The Willows Subdivision. The owner of owners of each lot shall be entitled to a single vote in the Association. The By -Laws or Articles of Incorporation may provide for the joining of the Association by lot owners. C. The Willows Homeowners' Association shall be responsible for the care and maintenance of the common properties and each homeowners use of the common properties will be governed by such rules as adopted by the Association. For the purposes of maintaining and caring for these common properties, the Board of Directors may make reasonable annual assessments to the lot owners and such assessment may be collected in a suit subject to the provisions stated below for enforcement of covenants and may become a lien upon the land by a filing by the Board of Directors of a lien which shall describe the lot, state the amount of the assessment that has not been paid, and when it was assessed. A lot owner whose lot is subject to such a lien must pay the assessment, cc.- for preparation of the lien and the lien release, and all recording costs before the lien is released. This lien may also be foreclosed in the manner of foreclosure for mortgages with the prevailing party entitled to attorney fees. Common properties as used herein shall'include parks, pathways, and stormwater facilities located along the south subdivision boundary. D. Lot owners are encouraged to remain active members of this Association. Each lot owner is a member of the Association by virtue of his acquisition of the lot. V. WATER UTILITY SYSTEM: Water system will be constructed by the developers to be maintained and operated by the City of Kalispell. VI. SEWER UTILITY SYSTEM: Sewer system will be constructed by the developers and will be maintained and operated by the City of Kalispell. VII. STORM WATER DRAINAGE SYSTEM: Storm drainage system will be constructed by the developers and maintained by The Willows Homeowners' Association. Regular maintenance shall include a semi-annual check of the catch basins and stormwater swale and detention basin including inlet and outlet, and cleaning of these structures, if necessary. Vill. ROAD SYSTEM: Road system shall be constructed by the developers and maintained and operated by the City of Kalispell. Conditions, Covenants & Restrictions - The Willows Subdivision Page 5 of IX. OPEN SPACE: A two acre area on the Northwest corner of the Flathead Valley Christian School property, located just South of The Willows Subdivision, designated as open space/recreation area has been set aside for use by the residents of The Willows Subdivision. Access to the area is provided by an easement twenty feet (20'-0") in width across county property at the Southeast comer of the subdivision. The Willows Homeowners Association agrees to indemnify the school against all claims, causes of action and damages that may arise from usage of the schools property and shall maintain casualty and liability insurance coverage that names the school as a covered insured. The Flathead Valley Christian School assumes no responsibility or liability for any subdivision residents using the designated open space. X. GENERAL PROVISIONS: A. These covenants are to run with the land, and shall be binding on all parties, and all persons claiming under them, for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the owners of the lots has been recorded agreeing to change said covenants in whole or in part. B. The Grantor and every person hereinafter receiving any right, title or interest in any tract in said property shall have the right to prevent or stop violation of any of the said restrictions by injunction or other lawful procedure, in law or in equity, against the person or persons violating or threatening to violate these restrictive covenants. Any person who shall prosecute an action successfully may recover any damages resulting from such violation, and it is expressly understood by any persons purchasing this property that, if an action is successfully brought against him for a violation of these covenants, that a reasonable attorney's fee shall be assessed against him in addition to any other damages. C. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. D. These covenants may be altered or additions made thereto with the written consent of the owners of ninety percent (90%) of the lots (by number) or the owners of lots agreeing thereto, by written amendment, acknowledged by signature and filed with the Office of the County Clerk and Recorder of Flathead County, Montana. The Willows Homeowners' Association shall be entitled to enforce these regulations as if it was a lot owner and be, upon prevailing, entitled to attorney fees. Any amendment is to be deemed effective thirty (30) days after recording or filing. Conditions. Covenants & Restrictions - The Willows Subdivision Page 6 of 7 IN WITNESS WHEREOF, we have hereunto set our hands the day and year first herein above written. STATE OF MONTANA County of Flathead On this _ day of 1999, before me, the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be the person(s) whose names(s) is/are subscribed to the within instrument, and acknowledged to me that he/they executed the some. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year first above written. Notary Public for the State of Montana Residing at: My Commission Expires: Conditions, Covenants & Restrictions— The Willows Subdivision page 7 of APPLICATION MATERIAL } JAN 3 0 2001 a PLAT ROOM a - FLATHEAD COUNTY, MONTANA F. R. D.O. Sao a. MAIN KILLI9FBLL, NT 59901 (406) 758-ESIO THIS FORM IS FOR SUBDIVISIONS AND BY: n1r1f�Lta ct-r �I��`` I FOR: /bn Pr? CA J 1 Z1 Jf IU�)),\L'A "J L- DATE: DESCP:� ( L� , �IUt-"S �t."�� PURPOSE: YEARS ASSESSOR # 1992 THRU �� L;S' C %S 3.75 AND T�o D 75 5-7 5 U I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. I '--f SEAL JAN 30 200,