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Final Plat/Northland Subdivision Phase 4PLANNING FOR THE FUTURE February 26, 2014 Doug Russell, City Manage f - City of Kalispell 201 1 sl Ave E Kalispell, MT 59901 Re: Final plat request for Northland Subdivision Phase 4 Dear Doug: Planning Department 201 Is'Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Sands Surveying Inc. submitted a request, on behalf of Bridgeland Development, LLP, for final plat approval of Northland Subdivision Phase 4, a 19-lot residential subdivision in the East %2 of the Northwest 1/ of Section 1, Township 28 North, Range 22 West., P.M.,M., Flathead County, Montana. The subdivision is the fourth and final phase of a residential development that was preliminarily approved by the City Council in November 2007. The City Council approved the preliminary plat with 23 conditions at their meeting on November 7, 2007, with Resolution No. 5248. The original approval was good for a period of three years. A one- year extension was granted in September 2010. A second one-year extension was granted in September 2011. A final two-year extension was granted in September 2012, which established a final plat submittal deadline of November 2014. All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval contained within Resolution No. 5248. COMPLIANCE WITH CONDITIONS OF APPROVAL General Conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) Staff Response: This condition has been met. The development on the site is substantially complete and in compliance with the approved preliminary plat. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). Staff Response: This condition has been met. The application for final plat was submitted prior to the expiration of the preliminary plat approval with subsequent extensions granted by the City Council. 3. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact Section C) Staff Response: This condition has been met. A stormwater management permit was obtained by the developer for the construction of the required improvements. See attached Notice of Intent Number MTR1044966 to LCH Inc. dated April 9, 2013. Prior to final plat: 4. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat approval. (Findings of Fact Section A) Staff Response: This condition has been met. All of the infrastructure is in place and has been inspected and approved by Kalispell Public Works. 5. The 60-foot road right-of-way shall be dedicated to the city as shown on the preliminary plat. This includes the 30-foot wide strip currently located on Tract 2 of Certificate of Survey 13923. Staff Response: This condition has been met. The right-of-way has been dedicated to the City of Kalispell. The dedication of the west half of Northland Drive is accomplished through the execution of a quit claim deed which was included along with the application materials. See attached quit claim deed. 6. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure includes the extension of Summit Ridge Drive to Northland Drive and Northland Drive to Four Mile Drive. Summit Ridge Drive shall be gated at Northland Drive for emergency access only. All new city streets as shown on the preliminary plat shall include, but not be limited to, paved streets, street lighting, street signage, curb, gutter, landscaped boulevards and sidewalks on both sides of the street. (Kalispell Design and Construction Standards, project proposal) Note: The flow and pooling of water at the west end of Summit Ridge Drive shall be considered in the design and construction of the road infrastructure and storm water managements sty Note: Traffic calming devices shall be utilized to maintain the posted speed limits along Northland Drive and Summit Ridge Drive. Designs shall be reviewed and approved prior to construction and a letter from Public Works obtained indicating approval of any necessary measures prior to final plat. This shall specifically include, at a minimum, a traffic calming device at the intersection of Summit Ridge Drive and Northland Drive. Staff Response: This condition has been met. All of the infrastructure and traffic control devices have been installed, inspected and approved by Kalispell Public Works Department. The sidewalk on the west side of Northland Drive will be required as a condition of preliminary plat approval of the area to the west of Northland Drive. A traffic calming device, in the form a speed bump, has been installed on Northland Drive, north of the intersection with Summit Ridge Drive. See attached letters from Kalispell Public Works dated November 14, 2013 and February 13, 2009. 7. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards) Staff Response: This condition has been met. The developer has certified that water, sewer, storm, roads, and grading improvements have been installed in accordance with the approved plans. See attached letter from 48 North p.c. dated October 8, 2013. 8. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City Standards for Design and Construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards) Staff Response: This condition has been met. The developer has certified that water, sewer, storm, roads, and grading improvements have been installed in accordance with the approved plans. See attached letter from 48 North p.c. dated October 8, 2013. 9. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) Staff Response: This condition has been met. A stormwater management permit was obtained by the developer for the construction of the required improvements. See attached Notice of Intent Number MTR1044966 to LCH Inc. dated April 9, 2013. 10. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) Staff Response: This condition has been met. The infrastructure has been accepted by the Kalispell Public Works Department. See attached letter from Kalispell Public Works dated November 14, 2013. 11. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. C. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane." Staff Response: This condition has been met. The developer has complied with all of the above requirements. See attached letter from the Kalispell Fire Department dated December 17, 2013. 12. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash - in -lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11) Staff Response: This condition has been met. The Kalispell Parks Department has approved the street tree plan and accepted a cash -in -lieu payment of $8,811.65 for the installation of street trees at the time homes are constructed on the lots. 13. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland equal to 0:44-0.57 acres of land. The payment shall be based on the fair market value of undivided, unimproved land. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact Section D). Staff Response: This condition has been met. The developer has made a cash -in -lieu payment of $11,400 to the Kalispell Parks Department, which is based on the fair market value of the undivided, unimproved land. 14. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city in which case the taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Staff Response: This condition is no longer applicable because the parkland that was originally required to be provided was instead satisfied through a cash -in -lieu payment of $11,400 to the Kalispell Parks Department. 15. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to city standards which are impacted by this subdivision." (Findings of Fact, Section D) Staff Response: This condition has been met. The following note has been placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to city standards which are impacted by this subdivision. The special improvement district would be for upgrades needed on Four Mile Drive in order to bring it up city standards." The addition of the second sentence was added in response to SB 3810, which was passed by the Montana State Legislature in 2009, which amended the state statutes and require that the specific improvements to be covered by the SID be identified in the waiver of right to protest. 16. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) Staff Response: This condition has been met. Northland Drive and Summit Ridge Drive have been installed per the plans approved by the Public Works Department. All associated traffic control devices are currently in place. 17. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations, Section 3.18) Staff Response: This condition has been met. A utility easement is granted to the furthest extent of the subdivided property for the logical extension of utility services to subsequent developments. These easements are shown on the face of the plat. 18. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22) Staff Response: This condition has been met. A letter from the US Postal Service has been included that states the Postal Service's approval of the mail delivery site. The mailbox equipment has been ordered and will be set when conditions on the ground are favorable. See attached letter from US Postal Service dated March 28, 2009. 19. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)) Staff Response: This condition has been met. The street lighting installed within the subdivision is consistent with the city's development standards, is dark -sky compliant, and should not unnecessarily intrude onto adjoining properties. 20. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kalispell Subdivision Regulations, Section 3.18(E)) Staff Response: This condition has been met. The utility statement is included on the final plat. See fmal plat document. 21. A homeowners association for the subdivision shall be created prior to final plat that includes a provision for the maintenance of the common area along Four Mile Drive. (Findings of Fact, Section D) Staff Response: This condition has been met. The parkland that was originally planned to be located along Four Mile Drive was incorporated into Lot 102 and the remaining common area, which contains underground storm drainage facilities, was included in a 6,694 square foot common area. The parkland requirements were met with the improvement of a parking area located at the Kidsports Complex on the north side of Four Mile Drive. The tax liability for the common area is addressed with a note on the final plat. The maintenance of the common area is address in the CC&Rs for the Northland Subdivision. See attached Declaration of Annexation to Declaration of Covenants, Conditions, and Restrictions of Northland Subdivision executed January 24, 2014. On going; conditions: 22. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) Staff Response: This condition has been met. All necessary utilities to serve the subdivision have been installed underground. 23. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. All disturbed areas have been seeded with a weed - free mix. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was approved by the Kalispell City Council on November 7, 2007. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-3 zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for Northland Subdivision Phase 4. Please schedule this matter for the regular city council meeting of March 3, 2014. Attachments: - 1 copy of final plat - 11" x 17" copy of plat - 2 full-size mylar copies of the final plat - Applicant responses and final plat application dated 1/23/2013(typographical error, it was received 1 /23/2014) - Quit Claim Deed for road dedication of west half of Northland Drive - Notice of Intent Number MTR1044966 to LHC Inc. dated 04/9/2013 - Letter from Kalispell Public Works dated 11/14/2013 - Letters from Kalispell Public Works dated 02/13/2009 - Letter from 48 North p.c. dated 10/08/2013 - Letter from Kalispell Fire Department dated 12/17/2013 - Letter from Kalispell Parks and Recreation dated 01 /06/2014 - Letter from US Postal Service dated March 28, 2009 - Declaration of Annexation to Declaration of Covenants, Conditions, and Restrictions of Northland Subdivision executed January 24, 2014 - First American Title Company title report # 5010500-488678-CT - Treasurer's certification dated 10/31 /2013 c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Sands Surveying, Inc. 2 Village Loop Road Kalispell, MT 59901 Galts Management Inc. Attn: Marvin Galt PO Box 1117 Whitefish, MT 59937 Brent Foley 48 North P.C. 151 Business Center Loop, Suite A Kalispell, MT 59901 SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 4o6-755-648i Fax 406-755-6488 January 23, 2013 Kalispell Planning Department Attn: Tom Jentz, Planning Director 201 1"Ave East Kalispell, MT 59901 RE: Final Plat submittal for Northland Subdivision, Phase 4 Dear Mr. Jentz: This cover letter is intended to give an overview of the conditions of approval for Northland Subdivision, Phase 4 and the supporting documentation for meeting the conditions. The City Council granted preliminary plat approval for Northland Subdivision, on November 5, 2007 and with extensions will expire in September 17, 2014. The conditions of the preliminary plat are as follows: Condition #1 — The Development of the site shall be in substantial compliance with the application submitted, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council: This condition is met. The plat is substantially the same as the preliminary plat. Condition #2 — The preliminary plat approval shall be valid for a period of three years from the date of approval. This condition is met. The applicant has received extensions from the City Council and the preliminary plat will expire on September 17, 2014. Condition #3 — Prior to any excavation earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit.. This condition is met. See attached NOI #MTR 104966 to LHC, Inc. — Northland Subdivision, Phase 4. Condition 44 — That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat approval. This condition is met. All of the infrastructure is in place. Condition #5 — The 60-foot road right-of-way shall be dedicated to the City as shown on the preliminary plat. This includes the 30-foot wide strip currently located on Tract 2 of COS 13923. This Condition is met. All of the right-of-way has been dedicated on the property that is owned by the applicant. A Quitclaim Deed by Touchmark at Summit Ridge, LLC is enclosed with this packet Deeding the 30-foot easement on the west side of the road to the City of Kalispell. Condition #6 — New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure includes the extension of Summit Ridge Drive to Northland Drive and Northland Drive to Four Mile Drive. Summit Ridge Drive shall be gated to Northland Drive for emergency access only. All new city streets as shown on the preliminary plat shall include, but not be limited to, paved streets, street lighting, street signage, curb, gutter, landscaped boulevards, and sidewalks on both sides of the street. This condition is met. The development plans were approved by the Kalispell Public works department. The sidewalk on the west side of Northland Drive will be constructed by the western property owner at the time they develop. See attached letter dated February 13, 2009 from Frank Castles, PE., Kalispell Public Works Department The flow and pooling of water at the west end of Summit Ridge Drive shall be considered in the design and construction of the road infrastructure and stormwater management systems. This condition is met. See Public Works Approval dated November 14, 2013 Traffic calming devices shall be utilized to maintain the posted speed limits along Northland Drive and Summit Ridge Drive. Designs shall be reviewed and approved prior to construction and a letter from Public Works obtained indicating approval of any necessary measures prior to final plat. This shall specifically include, at a minimum, a traffic calming device at the intersection of Summit Ridge Drive and Northland Drive. This condition is met. See Public Works Approval dated November 14, 2013 Condition #7 — Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. This condition is met. See letter dated 10/8/13 from Brett Walcheck, PE, 48 North, certifying that water, sewer, storm, roads, and grading are completed. Condition #8 — The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City Standards for Design and Construction. Prior to Final Plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed and designed as designed and approved. This condition is met. See letter dated 10/8/13 from Brett Walcheck, PE, 48 North, certifying that water, sewer, storm, roads, and grading are completed.. Condition #9 — The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. This condition is met. See condition #3. Condition #10 — A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. This condition is met. See Public Works Approval dated November 14, 2013. Condition #11 — The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Maximum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the Fire Department. f. Roadways between 26 feet and 32 feet wide shall be posted on one side of the road as "no parking fire lane" This condition is met. See letter from Kalispell Fire Department dated 12/17/13. Condition 412 — A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department.. This condition is met. The Kalispell Parks Department approved the street tree plan and cash -in -lieu amount of $8,811.65. A check was provided to the Parks Department on January 23, 2014 in this amount. Condition # 13 — The parkland dedication requirements shall be met with the payment of cash -in - lieu of parkland equal to 0.57 acres of land. The payment shall be based on the fair market value of undivided, unimproved land. This condition is met. The undeveloped land value is $20,000 per acre. The applicants providing a cash -in -lieu payment of $11,400.00 to the Kalispell Parks Department to satisfy this condition. Condition #14 — A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city in which case the taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council This condition is no longer applicable. The parkland originally shown on the preliminary plat has been absorbed into Lot 19 with the exception of a 5,394 square foot Common Area that is the site of the stormwater facility for the subdivision. A note is placed on the Final Plat that states the lots owners of Northlands Phase 4 hold 1/19 of the common area for taxation purposes and the CC&R's address the maintenance of the Common Area. Condition # 15 — The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City Standards which are impacted by this subdivision. Open ended waiver's of protest are no longer legal exactions. The waiver must be for a specific item or items, such as defined segments of road and what specific upgrades the developer is waiving right to protest. Condition #16 — The road within the subdivision shall be named and signed in accordance with the policies of Kalispell Public Works Department and the uniform Traffic Control Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been approved. This condition is met. The road names and addresses were approved by Public Works with notes on a paper plat as opposed to a letter. The Public Works check copy of the approved addresses will be presented to the Clerk and Recorder at the time of filing. Condition #17 — All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for the city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. This condition is met. See Public Works Approval dated November 14, 2013 Condition #18 — Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. This condition is met. See letter from the USPS. Condition #19 — Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. This condition is met. Condition #20 — The following statement shall appear on the face of the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal, of their lines, and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever. This condition is met and the statement appears on the face of the plat. Condition #21 — A homeowners association for the subdivision shall be created prior to final plat that includes a provision for the maintenance of the common area along Four Mile Drive. This condition is met. The parkland originally shown on the preliminary plat has been absorbed into Lot 19 with the exception of a 5,394 square foot Common Area that is the site of the stormwater facility for the subdivision. A note is placed on the Final Plat that states the lots owners of Northlands Phase 4 hold 1/19 of the common area for taxation purposes and the CC&R's address the maintenance of the Common Area. Condition #22 — All utilities shall be installed underground. This condition is met. The utilities are all installed underground. Condition #23 — All area disturbed during development shall be revegetated with a weed -free mix immediately after development. This condition is met. The property has been seeded The title report is attached to the plat application. Taxes are paid in full. Should you have any questions regarding this final plat application, please contact me at 755-6481. Sincerely, ric H. Mulcahy, AICP�' Sands Surveying Inc. Attachments: City of Kalispell Final Plat Application Quitclaim Deed: Touchmark at Summit Ridge, LLC to City of Kalispell (To be recorded with plat) Kalispell Public Works Department Approvals (February 13, 2009 and November 14, 2013) MDEQ Approval Letter EQ#09-1006 and reissued Approval EQ13-1792 (August 8, 2008; February 20, 2009, and March 28, 2013) Letter — Brett Walcheck, 48 North (October 8, 2013) Kalispell Public Works Department Acceptance of Infrastructure (November 14, 2013) Kalispell Fire Department Approval (December 17, 2013) Kalispell Parks Department (January 6, 2014 Letter — USPS Flathead Station (March 28, 2009) SWPPP NOI (April 9, 2013) CC&R's Annexation of Northland Phase IV (To be recorded with plat) Title Report —(Guarantee # 5010500-488678-CT; Order #488678-CT; dated 12/17/2013) Tax Certificate (December 17, 2013) FINAL PLAT APPLICATION Project /Subdivision Name: Northland Subdivision, Phase 4 Contact Person: Name: Galts Management Inc, Attn: Marvin Galt Address: P.O. Box 1117 Whitefish MT 59937 Phone No.: (406) 531-9206 Owner & Mailing Address: Same Date of Preliminary Plat Approval: 11 / 5 / 07 extensions granted and expires 9 / 17 / 14 Type of Subdivision: Residential X Industrial Commercial PUD Other Total Number of Lots in Subdivision 19 Lots Land in Project (acres) 5.598 acres Parkland (acres) 0.124 ac Cash -in -Lieu $ 11,400 Exempt No. of Lots by Type: Single Family 19 Lots Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property Northland Subdivision, Phase 4 in Section 1 T28N R22W P.M.M. Flathead Countv FILING FEE ATTACHED $ 3,175.00 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement $400 + $125/lot $800 + $125/lot $800 + $125/lot $50 1 Attached Not Applicable (MUST CHECK ONE) Health Department Certification (Original) Y Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) —X Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. 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 Kalispell Planning Department, 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 Kalispell 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 8s Recorder requests that all subdivision final plat applications be accompanied with a digital copy. ---�(W—ner(s) nature 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 5. A tie to either an existing subdivision corner or a corner of the public land survey system 4 After recording return to: For value received, TOUCHMARK AT SUMMIT RIDGE, LLC, 5150 SW Griffin Drive, Beaverton, OR 97005, Grantor, does hereby convey, release, remise and forever quitclaim unto the CITY OF KALISPELL, , Grantee, all of Grantor's right, title and interest in and to the following described premises in Flathead County, Montana, to -wit: A STRIP OF LAND, SITUATED, LYING AND BEING IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: The easterly 30 feet of Parcel A-1 of Certificate of Survey 19653 (records of Flathead County, Montana). also shown on the Plat of ?Northland Subdivision, Phase 4 (records of Flathead County Montana) as a 30 foot public road & utility easement per C.O.S. 19653. SUBJECT TO AND TOGETHER WITH Covenants, Conditions, Restrictions, Provisions, Easements, Reservations, Encumbrances and Matters apparent or of record. TOGETHER WITH all the tenements, hereditaments, improvements, after acquired interests, and appurtenances thereunto belonging, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and also all the estate, right, title and interest, property, possession, claim and demand whatsoever, as well in law as in equity of the said Grantor of, in or to the said premises, and every part and parcel thereof, unto the said Grantee, and to Grantee's successors and assigns. DATED this �-p day of January, 2014. TOUCHMARK AT SUMMIT RIDGE, LL.0 By f Its' STATE OF a� ) County of ) On this v8 day of January, 2014 before me, the undersigned, a Notary Public for the State aforesaid, personally appeared - - - t _ h � _ . , known to me to be they; ,f TOUCHMARK AT SUMMIT RIDE, LLC, the entity described in and whose name its bscribed to the within instrument, and acknowledged to me that he executed the same in that capacity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and date in this Certificate first above written, NOTARY PUBLIC FOR THE STATE OF Printed Name of Notary Publip Residing at My commission expires 1 A� REALTY TRANSFER CERTIFICATE Confidential Tax Document The information contained in this certificate is confidential by Montana law. Unauthorized disclosure of this information is a criminal offense. HART1wpATE.OFTtLiNSF.ER 0-4 _., ___,,.:;.:::` 1 / {MM/DDlWW) GEOCODE(S) -- — — ASSESSMENT CODE: The Department of Revenue will change the name on ownership records used for the assessment and taxation of real property when this form is fully and accurately completed and signed. (Please read the attached instructions on page 1 for assistance In completing and filing this form). Montana law requires this form be completed and may Impose up to a $500 penalty for failure to flea a Really Transfer Certifloate (15.7-304, 306 and 310, MCA) Seller (Grantor) Name Touchmark at Summit Ridge, LLC Mailing Address 5150 SW Gliffin Drive (Permanent) City Beaverton sT OR Zip 97005 Seller Principal Residence _Yes _No Buyer (Grantee) Name City of Kalispell Mailing Address (Permanent) City ST _ 7Jp List the last 4 digits of the SSN or FEIN SSN 000 00 - SSN 000 FEIN Q_-.000 Daytime PhoneL- SSN 000 �00 SSN 000 00 FEIN - 00 - 000 Daytime Phone Buyer Principal Residence _Yes _No Tram to Trustee, Custodian, or other Mailing Address Repies irttative: For Tax Notice Trust FEIN 00 .000 (if different) City ST_ Zip Minor SSN 000 - 00 Legal Description Easterly AD feet of Paroel A-1 ofMg 19653 and also shown gn Plat of Northland Attachment ❑ Subdivision Phase 4 as a 30 foot public road and utility easement per COS 19653 Add/Sub Block Lot County Flathead COuntV CilytTown Section 1 Township 28N Range 22W PART 4 TYPE OF:TRANSFER Please f omPteie iuAy ° than tariefnay apply D Sale C) Gift ❑ Barter Q Nominal or No Consideration Q Part of 1031 or 1033 exchange ❑ Transfer is subject to a reserved life estate Sheriffs sale: ❑ mortgage ❑ trust indenture ❑ outer ❑ Deed in lieu of foreclosure Q Short sale ❑ Auct!onlSeMed bid A copy of the recorded instrument must be attached to the Realty Transfer Certificate. Transfer by Operation of Law ❑ Termination of joint tenancy by Q Termination of life estate by ❑ Court order or decree D Merger, consolidation, or other death death (except sheriffs sale) business entity reorganization PART.5- EXCERfIgNS FROlilfl PRaYIt)IMG,SALES PRICE.iNFORMATION :: Please asmpiptgf(tlly more tfian olle may apply ❑ Gift ❑ Termination of life estate by death D Transfer in contemplation of death without consideration Q Transfer pursuant to court decree (except sheriff's sale) ❑ Transfer between husbandiwi€e or parenUchiid for nominal ❑ Tax deed consideration Q Merger, consolidation or reorganization of business entity ❑ Transfer of property of the estate of a decedent ❑ Land eligible for dmberiandlforosttand clOSSifitalloh (15-44-103, MCA) ❑ Transfer by government agency ❑ Land eligible for agricultural classification (15.7-201, MCA) ❑ Correction, modification, or supplement of previously recorded ❑ Transfer to a revocable Iiving trust instrument, no additional consideration ❑ Termination ofjolnt tenancy by death ❑Other (Specify Type) PART B;- $AL;E PRiGE.INFORMA*IpM ',; Please eamP!e*e ftrliy .Yutgse:tfiart oitu tnay'�pp!y .:.: Actual Sale Price S Value of good will included in sale $ _�- Financing: _Cash `FHA _VA _Contract _Other Was an SID payoff included in the sale price? _Yes ,No Terms; _New loan OR assumption of existing loan Old the buyer assume an SID? _ Yes —No Value of personal property included in sale S Amount of SID paid or assumed: $ Value of inventory included in sale $ Was a mobile home included in the sale? _Yes _No Value of licenses Included In sale S ART R ;7 —:WATER RIGHT,DISCI:O$UR;� Ttris:D�selgsura: is;ani e . Iica6:letoaha: "i»peity idfrtiitedin;'PAttT.3:abave ::.. ❑ A. Property is served by a public water ❑ B. Seller has no water D C. Seller Is transferring ALL ❑ D. Seller is dividing or exempting supply, i.e., city, Irrigation distri ,, or rights on record with water rights on record (reserving) water rights. Seller water district provides water. DNRC„to transfer. . , ,• vi(h ONRC to the Buyer. must file Water Right Update form, (Grantor) Signature Namefrde First American Title Company (please print) Signature Mailing Address 704 South Main Street Daytime Phone (406) 752-535S City Kalispell ST MT Zip 59901 Cterlrand i2ecorder fJse Only; Recording Information: Documental Book Page Date _Warranty _Trust Deed ,,,_,Quit Claim _Grant _ContractforDend _Decree _Interest _Bargain & Sale Deed _Notice of Purchaser's Interest _Statement of Acknowledgement _Termination of Joint Tenancy _TaxOeed _Beneficiary Deed Other Department of Revenue Copy I Page 3 Montana Department of Steve Bullock, Governor EmnRONMENTAQUALITY Tracy Stone -Manning, Director P. O. Box 200901 o Helena, MT 59620-0901 • (406) 444-2544 o Website: www.deq.mt.gov April 9, 2013 JEFF CLARIDGE LHC INC PO BOX 7338 KALISPELL MT 59904 RE: Confirmation Letter, Notice of Intent (NOI) Number MTR104966 LHC INC - NORTHLAND SUBDIVISION PHASE 4 Dear JEFF CLARIDGE: The Department of Environmental Quality (DEQ) is acknowledging receipt of your complete Notice of Intent (NOI) for permit coverage under the January 1, 2013, General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). For administrative purposes, you have been assigned permit number MTR104966. Please include this permit number on any future correspondence with DEQ regarding this site. This letter acknowledges receipt of the complete NOI and does not provide a DEQ determination of the validity of the information you provided. Your eligibility for coverage under the General Permit is based on the validity of the certification you provided. Your signature on the NOI certifies that you have read, understood, and are implementing all of the applicable requirements. The General Permit requires you to implement the Storm Water Pollution Prevention Plan (SWPPP) and defines inspection and record keeping requirements. Permittees seeking continued authorization are required to complete updates to their SWPPPs by January 1, 2013. Records defined in Part 2.5 are required to be maintained on -site with the designated SWPPP Administrator. An electronic copy of the Permit and additional guidance materials can be viewed and downloaded at http://deg.mt.gov/wqinfo/mpdes/stormwaterconstruction.mcpx. Coverage under the General Permit remains effective until you submit a complete Notice of Termination (NOT). Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management Practices, and have paid all applicable fees. Failure to submit a complete NOT will result in the assessment of additional annual permit fees, which must be paid by the owner or operator. Coverage under this General Permit does not waive your obligation to obtain coverage under other applicable permits. If you have any questions regarding the requirements of the General Permit, please feel free to contact the Water Protection Bureau at (406) 444-3080. Sincerely, �,� fL- Ja ie Petaja ata Control Tech Water Protection Bureau ipetaja(c�mt.gov Attachments: General Permit 13 -off WL/ — Xw PtO IZ�CC�� i YI6 I A TW r. lv\AIL Enforcement Division • Permitting & Compliance Division • Plann' � F , 1A1 C GENERAL PERMIT FOR STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY PERMIT NUMBER MTR100000 MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY AUTHORIZATION TO DISCHARGE UNDER THE MONTANA POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with Section 75-5-101 et seq., Montana Codes Annotated (MCA), Administrative Rules of Montana (ARM) 17.30.1301 et seq., and ARM 17.30.1101 et seq., owners and operators (permittees) with authorization under this "General Permit for Storm Water Discharges Associated with Construction Activity" (permit) are authorized to discharge storm water in accordance with the conditions set forth in Parts 1, 2, 3, 4, and 5 of this permit. This permit shall become effective January 1, 2013. This permit and the authorization to discharge shall expire at midnight, December 31, 2017. FOR THE MONTANA DEPARTMENT OF ENVIRONMENTA UALITY Paul Skubinna, Program Manager Water Quality Discharge Permit Section Water Protection Bureau Permitting & Compliance Division Issuance date: 0GIO6er a� j o�- City of Kalispell, Montana Permit Number • Date Submitted Final Stabilization Date Public Works Department 3061 n Ave Fast Kalispell, Montana 59901 (406) 758-7720 Note: This permit is separate from any permits required by the Montana Department of Environmental Quality. A State Stormwater Construction Permit is required for all land disturbance activities equal to or greater than one (1) acre or for land disturbance activities less than one (1) acre that are part of a larger common plan of development or sale that would disturb one (1) acre or more. **No land disturbance is permitted on any project site without an approved City of Kalispell Stormwater Man ement Permit** (a) Project Owner Contact Person: M&O A)- Company: grip �AffQF e4e t1.P Mail Address: ,0. fJMr4 H State: )AI'r Zip: ,�137 Phone: (? - 331942 Email: Fax: Mobile: Other: (b) Contractor Contact Person: N, 4ti FbY Company: Z G Mail Address: P.O. 8al 73 8 USPku State: MT Zip: ID Phone: qp - 7 36-1 Email: R Polcra{ZMt' -GM L. Larvl Fax: 10 - 7675 - yap Mobile: Other: (c) Engineer Contact Person: F Company: /Aotr 4 VI L.. ki 6l N& Mail Address INF_ p ;IA State: A-r I Zip: 61.7al Phone: ob -756 - y8 Email: tj r@ #g -/f/. 4M Fax: Mobile: �jp6 ' S3l - Sl ZO Other: �. Project Address %2 /nj Or' ON fflt k 11•t Lot Number: Subdivision (if applicable): Project Size: and Disturbance FILES,S than one.acre GREATER or. equal io one acre $10.00 $445.00 Check the appropriate box(es) or provide a brief description that indicates the general nature of the construction activities. []Single Family Residential ❑ Multi -Family Residential [Utility ❑ Commercial/Industrial Offighway / Road MOther (describe): VL 4t.'s-� Lor"r Description of proposed work: J.N.SV4LL_ATt01V OF 9 " WATt vt N AIVb VATT, 2 S'W2vru� LJN�S 67M A Si79RMw 7 � aTliti�7l0� �2Mt �4,o S�rN�t S . 3 ,M 1 � &W w DGV� of /q �Ts SWM Permit Application Pagel of 2 City of Kalispell, Montana Permit Number ' Date Submitted ' • e o Final Stabilization Date 0�.; Start Date: Completion Date: Final Stabilization Date: andS#or�x �. '-#e.- y- (a) List Waterbodies within 200' of project Streams: Lakes: Wetlands: Rivers: Sloughs: Other: (b) List Storm Conveyance Systems within 100' of project Ditches: y Gi -i L br%�N _ Swales: Detention Facilities: Storm Drain Inlets: t)IS oN d- Pipe Inlets/Outlets: Gamer: SUMMI- �b) .A+elnowecge�ut Ceit;Iiater _, v I certify that I am the Owner or Owner's authorized agent. If acting as an authorized agent, I further certify that I am authorized to act as the Owners agent regarding the property at the above -referenced address for the purpose of filing applications for decisions, permits or review under the City of Kalispell Ordinance 1600 and have full power and authority to perform on behalf of the Owner all acts required to enable the City to process and review such applications I certify that the information on this application is true and correct and understand that I shall not start this project until this application is approved. I shall comply with the laws of the State of Montana and the ordinances of the City of Kalispell. y� r3 Signature of Legally Responsible Person (Submission must include original signature) ate Signed �iAA/ bk4-krtn! O T r Name (printed) Title �-�• t � � ( � c^W�.""'� iG?C. "J � a'Tat J^ � �� k- ¢..� 1 � .+n n�rx�, vS+}. .<, 3S^r':i � xw. LESS than one'acre Received ' `;; City By Date SNIP Checklist Yes No Field Visit SMP Plan Yes No Approval SMP Map Yes No Comments: Payment-$10.00 Yes No GREATER or. ;equal to one acme: Received - .. MT Stormwater Discharge Permit (NOI) Yes No SWPPP Yes No Site Map showing BMPs Yes No MT Stormwater Discharge Permit (NOT) Yes No SMP Checklist Yes No SMP Plan Yes No SW Map Yes No Payment-$45.00 Yes No New construction subject to impact fees Yes No SWM Permit Application Page 2 of 2 Public Works Department M0JV rA IVA 2011" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www.1calispell.conz Brent Foley 48 North P. C. 151 Business Center Loop, Suite A Kalispell, MT 59901 November 14, 2013 Re: Northland Phase IV Dear Brent, Our office is in receipt of the Record Drawings sent October 14, 2013 and engineering certification dated October 8, 2013. The Public Works Department herewith accepts the construction of the subdivision improvements. Thank you for your help in bringing this project to completion. Professionally, Mark Crowley Construction Manager MO/V TA /VA February 13, 2009 48 North, P.C. Civil Engineering Services S-5: ,P-.O—.Box-651 'Whitefish-,=Montana-59937- Attention: Brett Walcheck, P.E, RE- Northland Subdivision, Phase 4 Kalispell, Montana W 1. Approval does not relieve you nor the contractor from designing and constructing the project in accordance with the applicable codes and regulations. We look forward to working with you on this project. Since Fr Since Fr P.E. Assistant City Engineer Attachment: As Stated 2011" Avenue EavtP.O. Box 1997, KaIiWeI4MT 59903 -Phone (406)758-7720- Fax (406)758-7831 February 13, 2009 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: Northland Subdivision, Phase 4 Kalispell, Montana This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by 48 North, P.C., Civil Engineering Services, P.C., for the referenced project. The Kalispell water distribution system has adequate capacity to serve the project. The sewer system for the subject project was approved on August 9, 2007 per EQ#08-1118. If you have any questions, please do not hesitate to contact this office, Sincerpl , I Frank Castles, R.E. Assistant City Engineer cc: 48 North, P.C. Civil Engineering Services P.O. Box 651 Whitefish, Montana 59937 201 ]Avenue East, P.D. Box 1997, KaUWel4 MT 59903 Phone (406)738-7720 — Fax (406)758-7831 www kalispel4cono February 13, 2009 Department of Environmental Quality Public Water Supply Section Permitting and Compliance Division 109 Cooperative Way, Suite 105 Kalispell, Montana 59901-2389 Attention: Emily Gillespie, P.E. Environmental Engineer Northland • • • Phase Kalispell,• This letter Is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by 48 North P.C., for the water main for the subject project Please feel free to call if you have any questions, Sincere!y-j'`� J Frank Castles, P.E. Deputy Public Works Director cc: Brett Walcheck, P.E. 48 North P.C. Civil Engineering Services 151 Business Center Loop, Suite A Kalispell, Montana 59901 2011' Avenue East, P.O. Box 1997, Kalispe14 MT 39%3 Phone (406) 738-7720 — Fax (406) 738-783d www kalispelLcom 4 8 N': 0164 � R TH, Civii En, gineer•ing Services October 8, 2013 City of Kalispell Public Works Department Attn: Mark Crowley 201 1 st Avenue East Kalispell, MT 59901 151 Business Center Loop, Suite A. Kalispell, MT 59901 P) 406.756.4848 . F) 406.756.4849 RE: Northland Subdivision, Phase 4 EQ#: 13-1792 Northland Subdivision Phase IV Water Main Extension Project Completion / As -Built Record Drawing Certification Dear Mr. Crowley, On 7/2/13 a walk-through inspection was performed for the above referenced project. Representatives from City of Kalispell Public Works Department and 48 North P.C. were in attendance and participated in the walk-through. 48 North, P.C. certifies the water, sewer, storm, roads, and grading improvements have been completed in substantial conformity with the approved 48 North, P.C. plans and specifications dated 03/15/2013. Per the final walk-through, the items on the punch list have been addressed. At this time we are requesting a letter of approval from the City of Kalispell stating that you are in agreement with improvements installed to date. 48 North P.C. certifies the Record Drawings dated 09/01/13 of the above named Project to be accurate to the best of our knowledge. Record Drawings have been assembled from information that was provided by the contractor or their representatives. 48 North P.C. does not assume any liability regarding information that was provided from the Contractor. If you have any questions, please feel free to contact me at: (406) 756-4848 or email: brettQ48-n.com. Sincerely, Brett Walcheck P.E. 48 North P.C. Cc: MDEQ / EQ# 13-1792 —Emily L. Gillespie File KALISPELL FIRE DEPARTMENT Dave Dedman — Fire Chief PO Box 1997 Jon Campbell — Assistant Fire Chief 312 First Avenue East Cec Lee — Executive Secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 12/17/2013 Brent Foley 48 North Civil Engineering, p.c. 151 Business Center Loop, Suite A Kalispell, MT 59901 RE: Northland Subdivision Phase 4 Subdivision Regulations Dear Brent, After reviewing the information gathered for the completion status of Northland Subdivision phase 4 1 have found that all items contained in condition 11 of the preliminary plat approval have been met. These conditions are as follows: Condition 11. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the fire department: (Kalispell Subdivision Regulations, Section 3.20) a. Water mains designed to provide minimum fire flows shall be installed per city specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per city specifications at locations approved by this department, prior to combustible construction. c. Fire department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved be the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane". If you have any additional questions and or concerns please feel free to contact me. Sincerely, Dave Dedman, Fire Chief City of Kalispell CC: Kevin Leclair "Protecting our community with the highest level ofprofessionalisnz " Parks and Recreation Dept January 6, 2014 Brent Foley 48 North Civil Engineering 151 Business Center Loop, Suite A Kalispell, MT 59901 Re: Northland Phase 4 Dear Brent: This letter is to serve as approval of the landscaping agreement submitted and dated December 16, 2013 for boulevard trees and planting in Northland Phase 4. This agreement stipulates that developer will pay the city $295.00 per tree to be planted in phase 4. Going off the submitted landscape plan from 48 North Civil Engineering, there are a total of 29 trees to be planted. The total cost for this Developer's Agreement is $8,811.65, The developer and/or property owner will be responsible for any boulevard prep, seeding or sod. This Developer's Agreement is solely for trees and no other landscaping in Northland Phase 4. Currently we are not in receipt of funding for the Developer's Agreement. In order for us to sign off on the landscaping (forestry) condition for final plat, funds will need to be received by our office. Sincerely, Chad Fincher, Parks Superintendent 306 P Avenue East, P.O. Sox 1997, Kalispell, MT 59903 —Phone (406)758-77I8— Fax (406)758-77I9 www.kalispell.com UNITED 5-1111TES POSMLSERVICE 350 N MERIDIAN RD KALISPELL, MT 59901-9998 March 28, 2009 Jim Williamson 151 Business Center Loop, Suite A Kalispell, MT 5Q901 RE: Northland Subdivision To Mr. Williamson: Delivery has been approved for Northland Subdivision of 19 residential homes with CBU delivery with a pull out on the south side of summit Ridge Drive. Prior to cemet pad being placed the United States Postal Service will inspect the location again to confirm. If you have any questions about the location of the curbside box please give me a call. If the location is unacceptable we will not deliver to it. If you have any questions regarding this matter, you may contact me at 755-6450. Sincerely, WAimee Schmidt Carrier Supervisor DECLARATION OF ANNEXATION TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF NORTHLAND SUBDIVISION THIS Declaration of Annexation is executed on this :'Alti Lj "day of January 2014, by Bridgeland Development, LLP, a Montana company (hereinafter referred to as the "Developer") RECITALS: Developer has executed and recorded written Declaration of Covenants, Conditions and Restrictions of Northland Subdivision Phase I dated September 9, 2005, and recorded on September 15, 2005 with the office of the Flathead Country Clerk and Recorder, Document Reception No. 200525815000 (hereinafter referred to as the "Declaration"); and Pursuant to the terms and conditions of the Declaration, specifically Article IX thereof, the Developer retains the right to expand the effect of this Declaration to include all or part of the Expansion Property which is defined in Article I, Section 1.1; and The Developer has opted to expand and include Northland Subdivision Phase IV, all of which is shown on the Site Plan attached hereto as Exhibit "A" and made a part hereof by this reference. ACCORDINGLY, the undersigned Developer hereby annexes into the Declaration as follows: All of the above and foregoing Recitals form a part of the operative and substantive provisions of this Annexation. 2. The addition of real property now owned or owned in the future by Declarant identifies in Phase IV shall be as shown and described on the Site Plans attached hereto as Exhibits "A" and `B". Page 1 of 2 3. The Annexation of Phase IV shall be effective upon the date that this document is recorded in the office of the Flathead Country Clerk and Recorder. 4. Except as annexes by this Declaration of Annexation, all of the terms and conditions of the Declaration shall be and remain the same and in full force and effect. 5. Let this document serve as notice to all future purchasers that all lots in Phase IV are subject to the Covenants, Conditions and Restrictions of Northland Subdivision Phase I dates September 9, 2005, and recorded on September 15, 2005 with the office of the Flathead Country Clerk and Recorder, Document Reception No. 200525815000. IN WITNESS WHEREOF, the Developer has executed this Declaration of Annexation effective the date and year first above written. STATE OF MONTANA ) ss Flatehead Country ) DEVELOPER: Bridgeland De, Development, LLP This instrument was acknowledged before me this A.gday of January, 2014, by Marvin Galts President of Bridgeland Developrn it, LLP, Printed Name: 1�—t Notary Public for State of Montana Residing at: � _ f . ---1My-Cnmission Expires: 5E 1 RENEt 13LSO1 NOTARY PUBLIC for the State of Montana * SEAL ° j Residing at Kalispell, Montana ` ''�oFaro�`Pr� my Corninission Ap,if 12, 2016p�res �f Page 2 of 2 Issued by First American Title Company 704 South Main/P O. Box 1310, Kalispell, MT 59901 Title Officer: Stephanie Evans Phone: (406)752-5388 FAX,- (406)752-9617 Form 5010500 (8-1-09) Page 1 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 (8/1/09) First American 27de 4�. Guarantee Face Page -Exclusions, Conditions and Stipulations Guarantee Face Page ISSUED BY First American 'title Insurance Company GUARANTEE NUMBER First American Title Insurance Company „G� - SEPEEifEEF i ,�L• r f ' 4 • ®�rrrutik. Dennis I Gilmore Timothy Kemp '- President Secretary Form 5010500 (8-1-09) Page 2 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in (a) Defects, liens, encumbrances, adverse claims or other Schedule A of this Guarantee, the Company assumes no matters affecting the title to any property beyond the liability for loss or damage by reason of the following: lines of the land expressly described in the description set (a) Defects, liens, encumbrances, adverse claims or other forth in Schedule (A), (C) or in Part 2 of this Guarantee, matters against the title, whether or not shown by the or title to streets, roads, avenues, lanes, ways or public records. waterways to which such land abuts, or the right to (b) (1) Taxes or assessments of any taxing authority that maintain therein vaults, tunnels, ramps or any structure levies taxes or assessments on real property; or, (2) or improvements; or any rights or easements therein, Proceedings by a public agency which may result in taxes unless such property, rights or easements are expressly or assessments, or notices of such proceedings, whether and specifically set forth in said description. or not the matters excluded under (1) or (2) are shown (b) Defects, liens, encumbrances, adverse claims or other by the records of the taxing authority or by the public matters, whether or not shown by the public records; (1) records. which are created, suffered, assumed or agreed to by (c) (1) Unpatented mining claims; (2) reservations or one or more of the Assureds; (2) which result in no loss exceptions in patents or in Acts authorizing the issuance to the Assured; or (3) which do not result in the invalidity thereof; (3) water rights, claims or title to water, whether or potential invalidity of any judicial or non -judicial or not the matters excluded under (1), (2) or (3) are proceeding which is within the scope and purpose of the shown by the public records. assurances provided. 2. Notwithstanding any specific assurances which are provided in (c) The identity of any party shown or referred to in Schedule A of this Guarantee, the Company assumes no Schedule A. liability for loss or damage by reason of the following: (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. 3. NO DUTY TO DEFEND OR PROSECUTE. The following terms when used in the Guarantee mean: The Company shall have no duty to defend or prosecute any (a) the "Assured": the party or parties named as the action or proceeding to which the Assured is a party, Assured in this Guarantee, or on a supplemental writing notwithstanding the nature of any allegation in such action or executed by the Company. proceeding. (b) "land": the land described or referred to in Schedule 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE (A)(C) or in Part 2, and improvements affixed thereto ACTIONS; DUTY OF ASSURED CLAIMANT TO which by law constitute real property. The term "land" COOPERATE. does not include any property beyond the lines of the Even though the Company has no duty to defend or prosecute area described or referred to in Schedule (A)(C) or in Part as set forth in Paragraph 3 above: 2, nor any right, title, interest, estate or easement in (a) The Company shall have the right, at its sole option and abutting streets, roads, avenues, alleys, lanes, ways or cost, to institute and prosecute any action or proceeding, waterways. interpose a defense, as limited in (b), or to do any other (c) "mortgage": mortgage, deed of trust, trust deed, or act which in its opinion may be necessary or desirable to other security instrument. establish the title to the estate or interest as stated (d) "public records": records established under state herein, or to establish the lien rights of the Assured, or to statutes at Date of Guarantee for the purpose of prevent or reduce loss or damage to the Assured. The imparting constructive notice of matters relating to real Company may take any appropriate action under the property to purchasers for value and without knowledge. terms of this Guarantee, whether or not it shall be liable (e) "date": the effective date. hereunder, and shall not thereby concede liability or 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED waive any provision of this Guarantee. If the Company CLAIMANT. shall exercise its rights under this paragraph, it shall do An Assured shall notify the Company promptly in writing in so diligently. case knowledge shall come to an Assured hereunder of any (b) If the Company elects to exercise its options as stated in claim of title or interest which is adverse to the title to the Paragraph 4(a) the Company shall have the right to estate or interest, as stated herein, and which might cause select counsel of its choice (subject to the right of such loss or damage for which the Company may be liable by virtue Assured to object for reasonable cause) to represent the of this Guarantee. If prompt notice shall not be given to the Assured and shall not be liable for and will not pay the Company, then all liability of the Company shall terminate fees of any other counsel, nor will the Company pay any with regard to the matter or matters for which prompt notice fees, costs or expenses incurred by an Assured in the is required; provided, however, that failure to notify the defense of those causes of action which allege matters Company shall in no case prejudice the rights of any Assured not covered by this Guarantee. unless the Company shall be prejudiced by the failure and (c) Whenever the Company shall have brought an action or then only to the extent of the prejudice interposed a defense as permitted by the provisions of Form 5010500 (8-1-09) Page 3 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations GUARANTEE CONDITIONS AND STIPULATIONS (Continued) this Guarantee, the Company may pursue any litigation any liability of the Company under this Guarantee to the to final determination by a court of competent jurisdiction Assured for that claim. and expressly reserves the right, in its sole discretion, to 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: appeal from an adverse judgment or order. TERMINATION OF LIABILITY. (d) In all cases where this Guarantee permits the Company In case of a claim under this Guarantee, the Company shall to prosecute or provide for the defense of any action or have the following additional options: proceeding, an Assured shall secure to the Company the (a) To Pay or Tender Payment of the Amount of Liability or right to so prosecute or provide for the defense of any to Purchase the Indebtedness. action or proceeding, and all appeals therein, and permit The Company shall have the option to pay or settle or the Company to use, at its option, the name of such compromise for or in the name of the Assured any claim Assured for this purpose. Whenever requested by the which could result in loss to the Assured within the Company, an Assured, at the Company's expense, shall coverage of this Guarantee, or to pay the full amount of give the Company all reasonable aid in any action or this Guarantee or, if this Guarantee is issued for the proceeding, securing evidence, obtaining witnesses, benefit of a holder of a mortgage or a lienholder, the prosecuting or defending the action or lawful act which in Company shall have the option to purchase the the opinion of the Company may be necessary or indebtedness secured by said mortgage or said lien for desirable to establish the title to the estate or interest as the amount owing thereon, together with any costs, stated herein, or to establish the lien rights of the reasonable attorneys' fees and expenses incurred by the Assured. If the Company is prejudiced by the failure of Assured claimant which were authorized by the Company the Assured to furnish the required cooperation, the up to the time of purchase. Company's obligations to the Assured under the Such purchase, payment or tender of payment of the full Guarantee shall terminate. amount of the Guarantee shall terminate all liability of S. PROOF OF LOSS OR DAMAGE. the Company hereunder. In the event after notice of In addition to and after the notices required under Section 2 claim has been given to the Company by the Assured the of these Conditions and Stipulations have been provided to Company offers to purchase said indebtedness, the the Company, a proof of loss or damage signed and sworn to owner of such indebtedness shall transfer and assign said by the Assured shall be furnished to the Company within indebtedness, together with any collateral security, to the ninety (90) days after the Assured shall ascertain the facts Company upon payment of the purchase price. giving rise to the loss or damage. The proof of loss or Upon the exercise by the Company of the option provided damage shall describe the matters covered by this Guarantee for in Paragraph (a) the Company's obligation to the which constitute the basis of loss or damage and shall state, Assured under this Guarantee for the claimed loss or to the extent possible, the basis of calculating the amount of damage, other than to make the payment required in the loss or damage. If the Company is prejudiced by the that paragraph, shall terminate, including any obligation failure of the Assured to provide the required proof of loss or to continue the defense or prosecution of any litigation damage, the Company's obligation to such Assured under the for which the Company has exercised its options under Guarantee shall terminate. In addition, the Assured may Paragraph 4, and the Guarantee shall be surrendered to reasonably be required to submit to examination under oath the Company for cancellation. by any authorized representative of the Company and shall (b) To Pay or Otherwise Settle With Parties Other Than the produce for examination, inspection and copying, at such Assured or With the Assured Claimant. reasonable times and places as may be designated by any To pay or otherwise settle with other parties for or in the authorized representative of the Company, all records, books, name of an Assured claimant any claim assured against ledgers, checks, correspondence and memoranda, whether under this Guarantee, together with any costs, attorneys' bearing a date before or after Date of Guarantee, which fees and expenses incurred by the Assured claimant reasonably pertain to the loss or damage. Further, if which were authorized by the Company up to the time of requested by any authorized representative of the Company, payment and which the Company is obligated to pay. the Assured shall grant its permission, in writing, for any Upon the exercise by the Company of the option provided authorized representative of the Company to examine, inspect for in Paragraph (b) the Company's obligation to the and copy all records, books, ledgers, checks, correspondence Assured under this Guarantee for the claimed loss or and memoranda in the custody or control of a third party, damage, other than to make the payment required in which reasonably pertain to the loss or damage. All that paragraph, shall terminate, including any obligation information designated as confidential by the Assured to continue the defense or prosection of any litigation for provided to the Company pursuant to this Section shall not be which the Company has exercised its options under disclosed to others unless, in the reasonable judgment of the Paragraph 4. Company, it is necessary in the administration of the claim. 7. DETERMINATION AND EXTENT OF LIABILITY. Failure of the Assured to submit for examination under oath, This Guarantee is a contract of Indemnity against actual produce other reasonably requested information or grant monetary loss or damage sustained or incurred by the permission to secure reasonably necessary information from Assured claimant who has suffered loss or damage by reason third parties as required in the above paragraph, unless of reliance upon the assurances set forth in this Guarantee prohibited by law or governmental regulation, shall terminate and only to the extent herein described, and subject to the Form 5010500 (8-1-09) Page 4 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations GUARANTEE CONDITIONS AND STIPULATIONS (Continued) Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone:888-632-1642. Form 5010500 (8-1-09) Page 5 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations ;t Subdivision Guarantee 4� t First American Title f ISSUED BY First American Title Insurance Company GUARANTEE NUMBER uuarantee 5010500-488678-CT Subdivision or Proposed Subdivision: Northland Subdivision, Phase 4 Order No.: 488678-CT Reference No.: Fee: $150.00 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: Sands Surveying FOR THE PURPOSES 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 on the attached legal description: Form 5010500 (8-1-09) Page 6 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations A TRACT OF LAND, SITUATED, LYING AND BEING IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, WHICH IS FOUND ALUMINUM CAP ON THE CENTERLINE OF A 60 FOOT DEEDED CITY ROAD KNOWN AS FOUR MILE DRIVE; THENCE S00056'S3" W 29.88 FEET TO A FOUND IRON PIN ON THE SOUTH R/W OF SAID FOUR MILE DRIVE AND THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: THENCE LEAVING SAID R/W S00049'41" W 640.03 FEET TO A FOUND IRON PIN; THENCE N89052'18" W 0.58 FEET TO A FOUND IRON PIN; THENCE S00053'32" W 236.66 FEET TO A FOUND IRON PIN; THENCE S00034'58 W 100.12 FEET TO A FOUND IRON PIN; THENCE S01007'35" W 99.87 FEET TO A FOUND IRON PIN; THENCE S00°S1'13" W 236.65 FEET TO A FOUND IRON PIN; THENCE N78057'S6" E 1.17 FEET TO A FOUND IRON PIN; THENCE S00041'26" W 140.45 FEET TO A FOUND IRON PIN; THENCE S00051'21" W 71.21 FEET TO A FOUND IRON PIN; THENCE N89045'50" W 180.30 FEET TO A FOUND IRON PIN ON THE WEST R/W OF A 60 FOOT DEDICATED CITY STREET KNOWN AS NORTHLAND DRIVE; THENCE NORTHERLY ALONG SAID R/W N00049'46" E 526.90 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID R/W S89050'09" E 30.00 FEET TO A POINT ON THE CENTERLINE OF SAID NORTHLAND DRIVE; THENCE N00049'46" E 997.61 FEET TO A POINT ON THE SOUTH R/W OF SAID FOUR MILE DRIVE; THENCE S89050'32" E 149.86 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND SHALL HEREAFTER BE KNOWN AS: NORTHLAND SUBDIVISION, PHASE 4 (A) 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: Bridgeland Development, LLP Form 5010500 (8-1-09) Page 7 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations (B) Parties holding liens or encumbrances on the title to said lands are: 1. 2013 taxes and special assessments are a lien; amounts are determined and payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half 2013 $3761.31 Paid $3161.29 Paid New assesor number has not been assigned yet. Parcel Number 75-0002658 (Includes other property) (C) Easements, claims of easements and restriction agreements of record are: 2. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 3. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 4. Easement for telephone facilities granted to Northwestern Telephone Systems, Inc., recorded December 2, 1982, in Book 756, Page 22, as Doc. No. 18051, records of Flathead County, Montana. 5. Easement for underground facilities granted to Northwestern Telephone Systems, Inc., recorded March 19, 1987, as Doc. No. 87-231-11450, records of Flathead County, Montana. 6. Resolution No. 4449 by the city council of the city of Kalispell for the Waterford of Flathead Valley Addition No. 289 to zone said property recorded May 11, 1999 as Instrument No. 1999-131-12420. 7. Ordinance No. 1309 by the City of Kalispell for a planned unit development recorded June 15, 1999, as Instrument No. 1999-166-15010. 8. Terms, conditions and restrictions contained in Waterford Planned Unit Development Agreement recorded June 15, 1999 as Instrument No. 1999-166-15010. Form 5010500 (8-1-09) Page 8 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Certificate of Survey No. 13923, recorded 3uly 13, 1999 , Doc. No. 1999-194-16410, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 10. Terms and conditions of Resolution No. 4871, recorded April 12, 2004, as Doc. No. 2004-103-15160, records of Flathead County, Montana. 11. Amended Resolution -Designation of Controlled Access Highway and Facility, recorded February 11, 2010 as Instrument No. 2010-00003450. 12. Covenants, conditions, restrictions and easements contained in deed to the State of Montana recorded April 5, 2010, Instrument No. 2010-00007779 . 13. Covenants, conditions, restrictions and easements contained in deed to the State of Montana recorded April 5, 2010, Instrument No. 2010-00007780 . 14. Planned Unit Development Agreement upon the terms, conditions and provisions contained therein: Parties: Bridgeland Development, LLP and the City of Kalispell Recorded: February 25, 2011, Instrument No. 2011-00004266 15. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 19653 and 19654, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restriction violate 42 USC 3604 (c). 16. Road Easement & Agreement Agreement upon the terms, conditions and provisions contained therein: Parties: Waterford on Summit Ridge, LLC and Bridgeland Development LLP Recorded: December 13, 2013, Instrument No. 2013-00031218 17. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the unrecorded plat of said subdivision, NORTHLAND SUBDIVISION, PHASE 4, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 18. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and Environmental Services with the unrecorded plat of NORTHLAND SUBDIVISION, PHASE 4. Date of Guarantee: December 17, 2013 at 7:30 A.M. First American Title Company By: Authorized Countersignature Form 5010500 (8-1-09) Page 9 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations �= First American Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and In the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial Information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal Information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.rom uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (9-1-10) Page 1 of 1 I Privacy Information ( 2001-2010 First American Financial Corporation) Form 5010500 (8-1-09) Page 10 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations T5 3 LSBB LS, B3 BI Page 1/1 -This Plat is provided solely for the Purpose Of assisting in I and the Com Ocating the land' any assYMes no liability for variations Ff any, with actual survey." First American Title Company P,A Bn Ra2 V LM. Logp me Plat Of E V11lete Loop r.1i'pell, I1r awl (,OO) 756-Wi NORTHLAND SUBDIVISION, PHASE 4 ML JOB No. 407401 A Subdivision Located In HER DRAWM DATE OCrORM? BB, W13 COMPZ=,D DATE' / / MR.' CAM awAMMyr, INC. in the E112NWI14 SEC. 1, T.28N., R.2,2W., P.M.,M., FLATHEAD COUNTY, MONTANA OMNER: BRIDGMM DMLOPIBM. L1F tort: ,• a,. MY 11y�1W �' a0 0. N' faa' P" A= A= M,eftstuA 1epr�Y. am n� Alba. 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W 1'atrlV MYr INY tWK !r W 4Mu. 01„{ M Y liesalW rMWIN r Y, I anlnN uAh NC.�.a..1. �♦ i . I >�.m � 61M�2 M,eYrYWaq 8 aD 4tN b. A w1 o aY�w.w�b ✓f I ,w .wm e fW0. 14. - a as Mama) ri 1 � t" a wr Ya' waN M wl Y � � a � 0.1N M. O M/I rMr,aN h G0.i laait �+O�y I LAl t 4 � iA 0.f1f1 CttfDCI73' Ol tltiaf'YN! m, y I e� 0 i 2 O iWWtt NFA! ffJN P m t�f � AP/RAa4D: I fOf i �.1t ifa`/ma�ts�tC .aw wr• 6� .a1r i a�,ysp JL�O!'t7D�ApfZ ,as,'N• \ 1 !el fm of au.w 1f� )ja ,a» 1r rfa _ ur m __._. am _ ,, raaar \ ifs 1faa1 a ttzrom twwtsY ® 1�fP� narefr a baaY�f � w R saamr , a , tmm tatr,aAto nM Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Sands Surveying FOR: Bridgeland Development DATE: 10/31/2013 DESCP : Northland Sub Phase 4 on Tr 1 in PURPOSE: Plat 1-28-22 YEARS ASSESSOR # 2009 thru 2013 111 . 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. By: SAME SURVRMNC, Ina. 2 Mage Loop Kalispell, MT 59901 (406) 765-6481 JOB NO: 407401 DR4WING DATE. OCTOBER 28, 2013 COMPLETED DATE: / / FOR: GALTS MANAGEMENT, INC. OWNER, BRIDGELAND DEVELOPMENT, LLP PI a t Of NORTHLAND SUBDIVISION, PHASE 4 ' Subdivision Located In in the E112NW114 SEC. 1, T.28N., R.22W., SCALE : 1' - 60' M/4 can as sm. l lbd_A op," do' 30' 0 W. In, P.MIi.A, FLATHEAD COUNTY, MONTANA 0.164 Ac. Common Area 3.859 Ac. Lots (19) t 1.686 Ac. City RIW 1 5.598 Ac. Total Subdivid I Note: For taxation purpoaee acid 1/19 of the Common Area to each lot. (0.164 do./19 - 0.90811 Ae.) CIt8T4FICA23 OF DEVICAT70N.• I(W), 7ffi ONDERWOM D PROPERTY OlINWS), DOES(DO) HIRMY aM FY nUT I(") HAM CAUSED TO Bg' SURVEYED AMID PLATTED IMa IDW ALL IRE FOLWWMG AESCTOBED PROPEBTY AS DDS2M= DV THE CE61R4Gt7E OF LEDICATT—,, AND BROWN BY THE ANNED PLAT OR YAP AND Rl7TLAECO IN MA72MD GOi1Dl7'Y, YOliTAIIA: A TRACT OF LAND, MWATRD, LYING AND BMG IN TIE EAST HAW OF iRE NORrHWMr QUArM OF ascm01f 1, rowlvb r 28 NORM RANGE 28 NWT, PJLJL, MA72 MAD GOUNTY, MONTANA, AND MORE PARTICULARLY DISCREED AS YULLOB8 TO HITS Commencing at the Northeast corner of the Northwest Quarter of Section 1, Township 28 Norte, Range 22 INA PJL M, Hatband County, Montana• which Is a found ahrmloum cap on the centerline of a M toot deeded city road known as Four Idle Adva; Thence SDO.66831I 29.68 feat to a found iron pin an the south It/D' of said Four kale Drive and 27M TRUE POUT OF BEGRUMVG OF 2EN Tid1LT OF LAIID ItER87lL Ds5C8IRM- Thence leaving said R,/W S00'49WW 640.03 feet to a found Iran pin; Thence AWW'18'W 0.68 feet to a found Iron pta; Thence SOOS352111iMW feet to a found iron pin Thence SOOW'681I 100.18 feet to a found Itm pin; Thance 301'0705'I 90.87 feet to a found iron pfa; Thane SOMIS11 2SF65 feet to a found Iron pla; Thanes N7&57b61! 1.17 fast to a found Iron pfD; Thanes 800'4110b' 140.45 feet to a found Iron pin; Thecae Sam 'mar T1.21 lest to a found Iron pin; Thence N89'46'601I 180.SO feet to a found iron pin on the hest RIT of a 60 foot dedicated city street known as Northland DMus; Thence northerly along acid Run► N00'49461 dit90 feet to a found Iran pia; Thanes leaving said R/N SaV5009"E 30.00 feet to a point an the cantarline of said Northland Drive; Thence NOO.49'461f 07.61 foot to a point an the south R/Ir of said Dour Mile Drive; Thane WV013E$ 149.8E lest to the paint of band containing 6.69E Acres• Subject to and together with all appurtenant sssamants shown and of record Ter ABOVE DESCRmw TRACT OF LAND 3ILLL AXEC FTRR BE MMWN AS: AVB27HAM SMERAUM,, JIUM 4 The undetw/gned hereby grants unto Mob and every person, Arm, or corporation, whether public ar prlvnte, providing or offering to provide telephone. takgreph, clactrlc power, gas cable tdorlsioo, water or newer worries to the public. the right to the joint use of an meement far the construction, melateaance, repafr, and removal of their Rose and other laaDitlas in, oval; under and scram each area dam(gnated an this plat as %WAY RASMUNT' to have and to hold forever. CONUMONS OF APPROVAL PER CITY OF KAL&WAU RXSOLU17ON No. 5E48. 1. The roadwgya known as Northland Drive and Summit Ridge (hive within the padmeter boundary of Northland Subdivision. Phase 4 as shown harem, are dedicated to the 17ty of Kalispell forever. 2. A haxerdous woad abatement plan ahal/ be provided In accordance with City of KeDapall Ordinance 10-8. BRIDGEfAND DEVALOPAGMT, LIP B,y.• SPATS OF MONTANA ) SS COUNTY OF FIAlH9AD ) On this day of 201_, bothre me a Notary Puhlio far the State of Montana personally appeared of SEMORL ND LEVALOPkDNNT• TIP• and known to me to be the persan(s) whom name(s) la(are) subscribed to the lbzW lung instrument and acimowledged to me that he(ahe/they) executed the Male. Notary Pub/lo far the State of Mmi ma Printed Name Nodding at kb commiedoa expires CEIMMCATB OF = COUNL7L• Msfor• for the City of KalfapatL Montana and City CierY of the aty of SaRspait Montane do hereby certify that this plat has been submitted far examination and been found by them to conform to the law, and was approved by the City Council of the City of KaUapall at its regular meeting held an the day of 201 The roadways M sham harem are haroby accepted by the Alty of KnUamlL mayor of KaLwpax k(antana City Clary of KaRapalt Montane Montana Manteca The plat has bean examined by the aA1ce of the city attorney of KattapaiL Montane, according to Section 76-3-ME (2) MCA, and relylsg upon TStle Report No. and approved based an in formation submitted by the deve/opor and/or his agent. Office of Kalispell City Attorney City of KAUapdt Montana Date LEGEND: 0 Closing 1/4 Corner (es noted) O Sat 1/E xB4' Reber & Cap (79768) Note: some pins not set as they fell In concrete ddewaft G Found 6/8' Reber & Cap (7976S) AI Found 3/8' Reber (no cep) ® Found (es noted) (R) Record Information Per C.O.S. 13923 OStreet Address CERTIFICATE OF SURVEYOR THOMAS E. SANDS 7976E APPROVED: , 201 _ EXAYDVING LAND SURVEYOR REG. No. 54284 STATE OF MONTANA ) SS COUNTY OF FLATHEAD ) FILED ON ills _ DAY OF _, 201— AT , PAID FEs CLERK & RECORDER BY DEPUTY DOZE IUNT REC. No.