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01. Final Plat - Mountain Vista Estates Phase 4APlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kaBsneR.cominlanning July 28, 2014 Doug Russell, City Manager City of Kalispell 201 1" Ave E Kalispell, MT 59901 Re: Final plat request for Mountain Vista Estates Subdivision Phase 4A Dear Doug: Marquardt Surveying Inc. submitted a request, on behalf of Touchstone, LLC, for final plat approval of Mountain Vista Estates Subdivision Phase 4A, a 7-lot residential subdivision in the southeast 1/ of the southwest 1/ of Section 2, Township 28 North, Range 22 West., P.M.,M., Flathead County, Montana. This subdivision is the first sub -phase of the fourth phase of a residential development that was preliminarily approved by the City Council in August 2007. The entire Phase 4 provides 19 residential lots, a public road, and 2.37 acres of common area open space along Spring Creek. The City Council approved the preliminary plat for Mountain Vista Estate Phase 4 with 27 conditions at their meeting on August 6, 2007, with Resolution No. 5221. The original approval was good for a period of three years. A one-year extension was granted in 2010. A second one-year extension was granted in 2011. A final two-year extension was granted in 2012, which established the current final plat submittal deadline of August 6, 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. 5221. 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 is 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. The applicant has received at General Construction Stormwater Permit from the Montana Department of Environmental Quality. See attached Confirmation Letter, Notice of Intent (NOI) Number MTR105629 issued to Mark Sandry of Sandry Construction, dated June 23, 2014. The applicant has also applied for and received a Stormwater Management Permit from Kalispell Public Works. See attached Stormwater Management Permit #SW14-087, dated June 25, 2014. The applicant submitted a Subdivision linprovement Agreement (SIA) to guarantee construction adheres to the conditions of the issued stormwater permits. The applicant's engineer and the city's construction inspector will verify compliance with the conditions of the permits. Prior to final plat: 4. 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 shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell Design and Construction Standards, project proposal) Staff Response: This condition has been adequately addressed. The applicant submitted construction drawings and a Drainage Report to the City of Kalispell and received approval from Kalispell Public Work for construction of the required improvements for all of Phase 4. See attached letter from Keith Haskins, Kalispell Public Works dated June 5, 2014. A SIA has been submitted to guarantee installation of required improvements for Phase 4A per the approved plans. All of the infrastructure will be inspected and certified by a licensed engineer, and inspected by Kalispell Public Works, to ensure compliance with the terms of the SIA. 5. The road connection planned at the southern portion of the subdivision to Cottage Gardens shall be adjusted to meet city design standards and is subject to review and approval from the Kalispell Public Works Department. The adjusted road location shall be shown on the final plat and a letter from the Public Works Department obtained stating the design is approved. Staff Response: This condition has been adequately addressed. The Cottage Gardens Subdivision expired before being constructed and final platted, therefore there is no road connection to the south that can be made at this time. As part of the Phase 4 phasing plan, the applicant submitted and received approval from Kalispell Public Works and Kalispell Fire Department for a temporary hammerhead design to handle emergency access and turn -around for Phase 4A. The temporary design will be extended to the south with subsequent phases, and will be designed and constructed in compliance with City of Kalispell design and construction standards. A SIA has been submitted to guarantee installation of required improvements for Phase 4A. All of the infrastructure will be inspected and certified by a licensed engineer, and inspected by Kalispell Public Works, to ensure compliance with the terms of the SIA. 6. 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 adequately addressed. The applicant submitted construction drawings and a Drainage Report to the City of Kalispell and received approval from Kalispell Public Work for construction of the required improvements for all of Phase 4. See attached letter from Keith Haskins, Kalispell Public Works dated June 5, 2014. A SIA has been submitted to guarantee installation of required improvements for Phase 4A. All of the infrastructure will be inspected and certified by a licensed engineer, and inspected by Kalispell Public Works, to ensure compliance with the terms of the SIA. 7. 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 applicant submitted a Drainage Report to the City of Kalispell and received approval from Kalispell Public Work for construction of the required improvements for all of Phase 4. See attached letter from Keith Haskins, Kalispell Public Works dated June 5, 2014. A SIA has been submitted to guarantee installation of required improvements for Phase 4A. All of the infrastructure will be inspected and certified by a licensed engineer, and inspected by Kalispell Public Works, to ensure compliance with the terms of the SIA. 8. 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 NQI Number MTR105629 to Sandry Construction, dated June 23, 2014. 9. 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 adequately addressed. As mentioned above, the applicant has submitted a SIA to guarantee the installation of required infrastructure. The SIA includes a financial security of 125% of the total cost to construct and certify all improvements. The cost estimate was prepared and stamped by a licensed engineer. 10. The following note shall be placed on the final plat, "lots within the subdivision may be in areas where the water table is high and that special consideration in the construction of crawl spaces and basements in those areas is recommended." Staff Response: This condition has been met. A note has been placed on the final plat. 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. e. 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 designed the proposed subdivision to comply with all of the above requirements. The plans for construction have been reviewed and approved by the Kalispell Fire Department and the Kalispell Public Works Department. See attached letter from the Kalispell Fire Department dated July 14, 2014. All of the required improvements are guaranteed with a SIA and an accompanying performance assurance device. 12. A temporary cul-de-sac at the south end of the project shall be constructed at the southern terminus of Mountain Vista Way if the road through the Cottage Gardens subdivision is not in place prior to final plat. (Kalispell Fire Department) Staff Response: This condition has been adequately addressed. As mentioned above, Cottage Gardens Subdivision expired before being constructed and final platted, therefore there is no road connection to the south that can be made at this time. As part of the Phase 4 phasing plan, the applicant submitted and received approval fi-om Kalispell Public Works and Kalispell Fire Department for a temporary hammerhead design to handle emergency access and turn -around for Phase 4A. The temporary cul-de-sac design will be installed to the south with subsequent phases, and will be designed and constructed in compliance with City of Kalispell design and construction standards. A SIA has been submitted to guarantee installation of required improvements for Phase 4A. All of the infrastructure will be inspected and certified by a licensed engineer, and inspected by Kalispell Public Works, to ensure compliance with the terms of the SIA. 13. 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 and Recreation Director has approved the landscaping plan and the placement of trees and landscaping for the subdivision. See attached letter from Chad Fincher, Kalispell Parks and Recreation Director, dated July 7, 2014. 14. The area designated on the plat as common area shall meet the parkland dedication requirements provided that it is developed as followed: a. Access to the common needs to be placed between lots 12 and 13 - rather than between lots 11 and 12 - to provide a more direct access. b. A mowed path consisting of native grasses shall be provided from the cul-de-sac as well as along a leisure trail running north and south along the Spring Creek riparian area. The mowed trail intended for leisure within the common area shall be located to the furthest west of the creek possible and absolutely outside of the 50 foot natural buffer area (Fish, Wildlife and Parks) c. Four benches shall be installed along the Spring Creek mowed trail running north and south. d. A minimum of three interpretive signs shall be placed along the trail running north and south. The signs should be coordinated with the Fish, Wildlife and Parks Department (FWP). Additionally, the signs need to be made out of a metal thick enough to prevent vandalism and placed upon a mount that is sturdy enough to prevent vandalism. e. The developer shall provide the Parks and Recreation Department with the improvement plan for the department for review and approval. The developer shall install the improvements prior to final plat in accordance with the approved plan. (Kalispell Subdivision Regulations, Section 3.19, Findings of Fact, Section D, Parks and Open Space) Note: Any work within the floodplain requires a floodplain permit. Staff Response: This condition has been met. The applicant has provided an access between the lots into the common area and has specified terms for management and maintenance of the common area in the homeowners association bylaws and CC&Rs. See attached Mountain Vista Estates Phase IV homeowners association bylaws and CC&Rs. 15. The 20-foot easement to the common area that shall be relocated between lots 12 and 13 shall be incorporated within the larger common area of the subdivision and not on individual lots. (Findings of Fact, Section D, Parks and Open Space) Staff Response: This condition has been met. A temporary non -motorized access easement is shown on the final plat and will provide access to the common area between two of the lots in a subsequent phase. 16. A park maintenance district shall be formed incorporating all the lots within the Mountain Vista Estates Phase IV 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 has been met. A note has been placed on the plat waiving the property owners' right to protest the creation of a park maintenance district within the subdivision if, in the future, maintenance responsibility of the common area were to be transferred to the City of Kalispell. 17. A 100 foot building setback from the high waterline of Spring Creek and the 50 foot natural buffer shall be shown on the final plat. (Findings of Fact, Section C, Surface and Groundwater) Staff Response: This condition has been met. The 100-foot building setback and the 50-foot stream buffer area are shown on the final plat. 18. 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, Roads) Staff Response: This condition has been met. A waiver of protest for a special improvement district is included in the notes on the final plat. 19. 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. The applicant has received approved lot numbers for addressing purposes from Kalispell Public Works. See attached letter from Aaron McConkey, dated June 26, 2014. 20. 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. All of the required easements are shown on the final plat. See attached letter from Keith Haskins, Kalispell Public Works, approving the easement locations and dimensions, dated July 3, 2014. 21. A detailed floodplain study shall be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. The final plat shall not be recorded and no significant earth moving within 100 feet of the centerline of the creek shall be allowed until the completion and acceptance of the study area. The newly delineated floodplain shall be staked. The base flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall extend into the newly delineated floodplain. (Findings of Fact, Section A, Flooding) Staff Response: This condition has been adequately addressed. The requirement for a detailed floodplain study is no longer required because FEMA recalculated the boundary of the 100-year floodplain and it does not extend north of Three Mile Drive. The applicant is providing a 100-foot building setback from the centerline of the creek and a 50-foot non -disturbance area along the edge of Spring Creek. The 50-foot non -disturbance area and much of the 100-foot building setback area is included within the common area shown on the final plat. 22. 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. The US Postal Service has reviewed and approved the location of a mail delivery site for the subdivision. The installation of the mail delivery site has been provided for in the approved construction plans. See attached letter from the US Postal Service, dated July 2, 2014. 23. 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 in the subdivision has been reviewed and approved by Kalispell Public Works and is in compliance with the Kalispell Subdivision Regulations and the Kalispell Standards for Design and Construction. 24. 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 above statement has been included on the final plat. 25. A homeowners association for the subdivision shall be created that includes a provision for the maintenance of the common area along Spring Creek, including the mowed path, 50 foot natural buffer, benches and signs. (Findings of Fact, Section D, Parks and Open Space and project proposal) Staff Response: This condition has been met. The applicant has submitted a signed and notarized Declaration of Homeowners Association By -Laws that provides for the maintenance of the common area along Spring Creek. These documents will be recorded upon recording of the final plat. On -going Lconditions: 26. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) Staff Response: This condition has been met. The approved construction plans call for all utilities to be installed underground. A SIA has been submitted to guarantee that all improvements are installed in accordance with the approved plans and design and construction standards. 27. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been adequately addressed. The applicant's construction plans call for the re -vegetation of all disturbed areas immediately after development with a weed free mix of vegetation. Kl7u19aE-19€41B1L•JVIORWRa9 411a)a9:111910119KI31A9W-110 The final plat is in substantial compliance with the preliminary plat which was approved by the Kalispell City Council on August 6, 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 Mountain Vista Estates Subdivision Phase 4A and the Subdivision Improvement Agreement. Please schedule this matter for the regular city council meeting of August 4, 2014. Attachments: - 1 copy of final plat - I I" x 17" copy of plat - 2 full-size mylar copies of the final plat - Appendix E — Subdivision Improvement Agreement - Resolution No. 5221, dated 8/6/2007 - Applicant responses and final plat application. dated 7/7/2014 - Chicago Title Insurance Company Policy 72030-42630318 - Letter from Keith Haskins, Kalispell Public Works, dated 6/5/2014 - Letter from Dave Dedman, Kalispell Fire Department, dated 7/14/2014 - Notice of Intent Number MTR 105629 to Sandry Constructrion dated 6/23/2014 - City of Kalispell Stormwater Management Permit, dated 6/25/2009 - Letter from Kalispell Parks and Recreation, dated 7/7/2014 - Letter from US Postal Service, dated 7/2/2014 - Letter from Aaron McConkey, Kalispell Public Works, dated 6/26/2014 - Letter from Keith Haskins, Kalispell Public Works, dated 7/3/2014 - Declaration of Homeowners Association By -Laws of Mountains Vista Estates PUD Phase IV, signed and notarized 7/7/2014 - Declaration of Design Guidelines Conditions, Covenants, and Restrictions for Mountain Vista Estates PUD Phase IV, signed and notarized 7/7/2014 - Treasurer's certification dated 6/18/2014 c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Marquardt Surveying, Inc. 201 3rd Avenue West Kalispell, MT 59901 Touchstone, LLC 135 West Idaho, Suite B Kalispell, MT 59901 Brett Walcheck 48 North P.C. 151 Business Center Loop, Suite A Kalispell, MT 59901 RESOLUTION NO.5221 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF MOUNTAIN VISTA ESTATES PHASE 4 SUBDIVISION, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 1BFA IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Touchstone, LLC, the owner of the certain real property described above, has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on July 10, 2007 on the proposal and reviewed Subdivision Report #KPP-07-8 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Mountain Vista Estates Phase 4 Subdivision subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of August 6, 2007, reviewed the Kalispell Planning Department Report #KPP-07-8, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-07-8 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Touchstone, LLC for approval of the Preliminary Plat of Mountain Vista Estates Phase 4 Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: General Conditions: 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) 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). 3. Prior to aU 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) Prior to final plat.• 4. 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 shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell Design and Construction Standards, project proposal) 5. The road connection planned at the southern portion of the subdivision to Cottage Gardens shall be adjusted to meet city design standards and is subject to review and approval from the Kalispell Public Works Department. The adjusted road location shall be shown on the final plat and a letter from the Public Works Department obtained stating the design is approved. 6. 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) 7. 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) 8. 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) 9. 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) 10. The following note shall be placed on the final plat, "lots within the subdivision may be in areas where the water table is high and that special consideration in the construction of crawl spaces and basements in those areas is recommended." 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." 12. A temporary cul-de-sac at the south end of the project shall be constructed at the southern terminus of Mountain Vista Way if the road through the Cottage Gardens subdivision is not in place prior to final plat. (Kalispell Fire Department) 13. 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) 14. The area designated on the plat as common area shall meet the parkland dedication requirements provided that it is developed as followed: a. Access to the common needs to be placed between lots 12 and 13 - rather than between lots 11 and 12 - to provide a more direct access. b. A mowed path consisting of native grasses shall be provided from the cul-de-sac as well as along a leisure trail running north and south along the Spring Creek riparian area. The mowed trail intended fro leisure within the common area shall be located to the furthest west of the creek possible and absolutely outside of the 50 foot natural buffer area (Fish, Wildlife and Parks) c. Four benches shall be installed along the Spring Creek mowed trail running north and south. d. A minimum of three interpretive signs shall be placed along the trail running north and south. The signs should be coordinated with the Fish, Wildlife and Parks Department (FWP). Additionally, the signs need to be made out of a metal thick enough to prevent vandalism and placed upon a mount that is sturdy enough to prevent vandalism. The developer shall provide the Parks and Recreation Department with the improvement plan for the department for review and approval. The developer shall install the improvements prior to final plat in accordance with the approved plan. (Kalispell Subdivision Regulations, Section 3.19, Findings of Fact, Section D, Parks and Open Space) Note: Any work within the floodplain requires a floodplain permit. 15. The 20-foot easement to the common area that shall be relocated between lots 12 and 13 shall be incorporated within the larger common area of the subdivision and not on individual lots. (Findings of Fact, Section D, Parks and Open Space) 16. A park maintenance district shall be formed incorporating all the lots within the Mountain Vista Estates Phase IV 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. 17. A 100 foot building setback from the high waterline of Spring Creek and the 50 foot natural buffer shall be shown on the final plat. (Findings of Fact, Section C, Surface and Groundwater) 1.8. 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, Roads) 19. 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) 20. 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) 21. A detailed floodplain study shall be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. The final plat shall not be recorded and no significant earth moving within 100 feet of the centerline of the creek shall be allowed until the completion and acceptance of the study area. The newly delineated floodplain shall be staked. The base flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall extend into the newly delineated floodplain. (Findings of Fact, Section A, Flooding) 22. 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) 23. 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)) 24. 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)) 25. A homeowners association for the subdivision shall be created that includes a provision for the maintenance of the common area along Spring Creek, including the mowed path, 50 foot natural buffer, benches and signs. (Findings of Fact, Section D, Parks and Open Space and project proposal) On izoing conditions: 26. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 27. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 6TH DAY OF AUG JNT;tO ,7. ATTEST: Theresa White City Clerk Pamela B. Mayor 201 3rd AVENUE WEST a rq u a rd 1} KALISPELL, MONTANA 59901 (406) 755-6285 a rq u a rd t Fax (406) 755-3055 urveying, Inc. July 7, 2014 City of Kalispell Planning Department 201 1st Avenue East Kalispell, MT 59901 Re Mountain Vista Estates Phase 4A in Section 2, Township, 28 North, Range 22 West Enclosed is the Final Plat application for Mountain Vista Estates Phase 4A. Preliminary plat approval was granted on August 6, 2007 and thereafter extended until August 6, 2014.. The conditions of approval have been met as follows: 1. That the development of the site shall be in 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. The subdivision is in conformance with the approved preliminary plat. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. The final plat is herewith submitted prior to the extension deadline. 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 160,0, the permit hall 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 CityStormwater Management Permit. Enclosed please find the Subdivision Improvements Agreement and collateral and the City of Kalispell Public Works Department approval letter. 4. 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 `designworkshall be reviewed and approved in;writing'by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to,streets,, street lighting, street signage, curb, gutter, boulevard and sidewalks. Plans complying with said Standards, prepared;by 48North Engineering, PC have been reviewed and approved by the Kalispell Public Works Department. Mountain Vista Estates Phase 4A v Page 1 of 6 Enclosed please find the Subdivision Improvements Agreement and collateral and the City of Kalispell Public Works Department approval letter. S. The road connection planned at the southern portion of the subdivision to Cottage Gardens shall be adjusted to meet city design standards and is subject to review and approval from the Kalispell Public Works Department. The adjusted road location shall be shown on the final plat and a letter from the Public Works Department obtained stating the design is approved. The road will be extended to the South property line on a future phase. Plans complying with said Standards, prepared by 48North Engineering, PC have been reviewed and approved by the Kalispell Public Works Department. Enclosed please find the Subdivision Improvements Agreement and collateral and the City of Kalispell Public Works Department approval letter. 6. 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. Plans complying with said Standards, prepared by 48North Engineering, PC have been reviewed and approved by the Kalispell Public Works Department. Enclosed please find the Subdivision Improvements Agreement and collateral and the City of Kalispell Public Works Department approval letter. 7. 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. Plans complying with said Standards, prepared by 48North Engineering, PC have been reviewed and approved by the Kalispell Public Works Department. Enclosed please find the Subdivision Improvements Agreement and collateral and the City of Kalispell Public Works Department approval letter. 8. 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. Plans complying with said Standards, prepared by 48North Engineering, PC have been reviewed and approved by the Kalispell Public Works Department. Enclosed please find the Subdivision Improvements Agreement and collateral and the City of Kalispell Public Works Department approval letter. 9, 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. Enclosed please find the Subdivision Improvements Agreement and collateral. 1_0. The following note shall be placed on the final plat, "lots within the subdivision may be in areas where the water table is high and that special consideration in the construction of Mountain Vista Estates Phase 4A � � �� � _ Page 2 of 6 crawl spaces and basements in those areas is recommended." The note is on the face of the final plat. 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 a 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 S. * 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. The note is on the face of the final plat. e. Street naming shall be approved by the fire department. *The sign locations will be approved by the Fire Department prior to installation. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane." * *Plans complying with said Standards, prepared by 48North Engineering, PC have been reviewed and approved by the Kalispell Public Works Department. Enclosed please find the Subdivision Improvements Agreement and collateral and the City of Kalispell Public Works Department approval letter. 12. A temporary cul-de-sac at the south end of the project shall be constructed at the southern terminus of Mountain Vista Way if the road through the Cottage Gardens subdivision is not in dace prior to final plat. Plans for a hammerhead turn -around complying with City of Kalispell Standards, prepared by 48North Engineering, PC have been reviewed and approved by the Kalispell Public Works Department. Enclosed please find the Subdivision Improvements Agreement and collateral and the City of Kalispell Public Works Department approval letter. 13. 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. Enclosed please find the Subdivision Improvements Agreement and collateral, the City of Kalispell Public Works Department approval letter, and the City of Kalispell Parks and Recreation approval letter. 14. The area designated on the plat as common area shall meet the parkland dedication requirements provided that it is developed as follows: a. Access to the common area needs to be placed between lots 12 and 13 - rather than between lots 11 and 12 - to provide a more direct access. Access to the common area is located between lots 13 & 14 as shown on the plans prepared by Mountain Vista Estates Phase 4A Page 3 of 6 48North Engineering, PC which have been reviewed and approved by the Kalispell Public Works Department. b. A mowed path consisting of native grasses shall be provided from the cul-de-sac as well as along a leisure trail running north and south along the Spring Creek riparian area. The mowed trail intended for leisure within the common area shall be located to the furthest west of the creek possible and absolutely outside of the 50 foot natural buffer area. Enclosed please find the Subdivision Improvements Agreement and collateral. c. Four benches shall be installed along the Spring Creek mowed trail running north and south. Enclosed please find the Subdivision Improvements Agreement and collateral. d. A minimum of three interpretive signs shall be placed along the trail running north and south. The signs should be coordinated with the Fish, Wildlife and Parks Department (FWP). Additionally, the signs need to be made out of metal thick enough to prevent vandalism and placed upon a mount that is sturdy enough to prevent vandalism. FWP states that this is not in their jurisdiction but signs will be installed and covered in the enclosed Subdivision Improvements Agreement and collateral. The developer shall provide the Parks and Recreation Department with the improvement plan for the department for review and approval. The developer shall install the improvements prior to final plat in accordance with the approved plan. Enclosed please find the Subdivision Improvements Agreement and collateral and the City of Kalispell Parks and Recreation approval letter. Note: Any work within the floodplain requires a floodplain permit. This is not applicable; refer to enclosed copy of FIRM Panel 1805 of 3525 with an effective date of September 28, 2007 that shows there is no floodplain on the subject property. 15. The 20-foot easement to the common area that shall be relocated between lots 12 and 13 shall be incorporated within the larger common area of the subdivision and not on individual lots. Plans prepared by 48North Engineering, PC have been reviewed and approved by the Kalispell Public Works Department; said easement is located on the Common Area. 16. A park maintenance district shall be formed incorporating all the lots within the Mountain Vista Estates Phase IV 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. 17. A 100 foot building setback from the high waterline of Spring Creek and the 50 foot natural buffer shall be shown on the final plat. The setback and buffei- are shown on the face of the final plat. 18. 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 Mountain Vista Estates Phase 4A �� Page 4 of 6 to City standards which are impacted by this subdivision. The note is on the face of the final plat. 19. 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. A letter from the Kalispell Public Works Department regarding addressing review is enclosed. Signage is covered by the enclosed Subdivision Improvements Agreement and collateral. 20. 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. All existing and proposed easements are shown on the face of the plat. A letter from the Kalispell Public Works Department regarding easements is enclosed. 21. A detailed floodplain study shall be completed and accepted by FEMA determining the base flood elevation for the floodplain area within the subdivision. The final plat shall not be recorded and no significant earth moving within 100 feet of the centerline of the creek shall be allowed until the completion and acceptance of the study area. The newly delineated floodplain shall be staked. The base flood elevation accepted by FEMA shall be indicated on the final plat and no lots shall extend into the newly delineated floodplain. This is not applicable; refer to enclosed copy of FIRM Panel IL805 of 3525 with an effective date of September 28, 2007 that shows there is no floodplain on the subject property. 22. 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 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. Enclosed please find the Subdivision Improvements Agreement and collateral. Also enclosed is a letter from the US Postal Service. 21 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. Enclosed please find the Subdivision Improvements Agreement and collateral. 24. 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." The note is on the face of the final plat. 25. A homeowners association for the subdivision shall be created that includes a provision for the maintenance of the common area along Spring Creek, including the mowed path, 50 foot Mountain Vista Estates Phase 4Apage 5 of 6 natural buffer, benches and signs. This condition is addressed in the enclosed Homeowner's Association Documents. 26. All utilities shall be installed underground. The note is on the face of the final plat. 2.7 All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. The note is on the -face of the final plat. Also submitted herewith is: • Final plat application fee/SIA fee: $1725 Final plat = full size paper copy • Final plat;- mylars (2) • Final plat -11x17 copy • Copy of the Conditions of Approval (Resolution No. 5221) • Copy of the latest extension (Resolution No. 5.558) • Platting Certificate prepared by Alliance Title and dated June 13, 2014 • Copies of common area management plan including copies of articles of incorporation and by-laws for any property owners' association • Municipal Facilities Exclusion approval from MDEQ • Subdivision Improvements Agreement and collateral, • A letter from the City of Kalispell Public Works department statingthat the final plans, profiles, grades and specifications prepared by 48North Engineering, PC are approved • Certification from the County Treasurer's Office stating that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid Consent to Plat • Compact disc(2) with an AutoCAD file of the final plat's line work as required as well as a pdf copy of the final plat If you have any questions please do not hesitate to call my office. Sincerely, Dawn Marquardt Mountain Vista Estates Phase 4A Page 6 of 6 Return to: Theresa White Kalispell City Clerk 201 1st Avenue East Kalispell, MT 59901 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 4 day of August , 20 14 by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and TOUCHSTONE LLC. (Name of Developer) a LIMITED LIABILITY CORPORATION (Individual, Company or Corporation) located at 135 W IDAHO, SUITE D, KALISPELL, MT. 59001 (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as MOUNTAIN VISTA SUBDIVISION, PHASE 4A (Name of Subdivision) ASSESSOR'S TRACTS IEFA IN SECTION 2, TOWNSHIP 23 NORTH, located at (Location of Subdivision) RANGE 22 NEST, P.M.M., FLATHEAD COUNTY, MONTANA and, WHEREAS, the City has conditioned it's approval of the final plat of MOUNTAIN VISTA SUBDIVISION, PHASE 4A , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 262,703.00 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 328, 378.75 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 328, 378.75 the estimated cost of completing the required improvements in MOUNTAIN VISTA SUBDIVISION, PHASE 4A (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by August 4 , 20 15 . 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. MOUNTAIN VISTA SUBDIVISION, PHASE 4A % TOUCHSTONE LLO (Name of Subdivision/Developer/Firm) by (Name) (Title) ' STATE OF MONTANA COUNTY OF On this -3 0 day of J It /y 20 before me, a Notary Public for the State Montana, personally �appeared DIG 1 d J . (�}� �� known to me to be the � 2A-/�N ill- ,/9` P k of To u c,,b s: -, j e whose name is subscribed to the forege(ing_dstrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Notary Ifublic for the State of Montana Printed Name Residing at My Commission Expires MAYOR, CITY OF KALISPELL Fnurwr MARILYN RAUTiII^ DRISCOLL °9r NOTARY ?llt i.;C icr t(',i; i N�tAtiy4 no stage Rf`!Si!4itaR * SEAL Residing at P,atispeil, mop.Mna Pr` My corvi ;i55ii:f1 Expires ''F'oFr,K February 05, 2g i5 ATTEST: CITY CLERK EXHIBIT "B" CERTIFICATION OF WORK TO BE COMPLETED MOUNTAIN VISTA PHASE 4A SUBDIVISION ROADS & OVERLOT GRADE Completed To Date: 7/29/2014 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price Quantity Completed Total Cost Completed 101 Strip Topsoil @ 6" C.Y. 1419 $6.60 $9,223.50 0 $0.00 102 Replace Topsoil @ 4" C.Y. 746 $6.60 $4,849.00 0 $0.00 103 Haul -Off Excess Topsoil C.Y. 673 $6.00 $3,365.00 0 $0.00 104 Embankment In-Place(Cut to fill onsite,compaction, grading) C.Y. 2370 $6.60 $16,406.00 0 $0.00 106 Stabilization Fabric (Not including Extra for Joint Overlap) S.Y. 1387 $1.60 $2,080.60 0 $0.00 106 1 1/2" Select Subbase in Roadway (incl. 3' Outside EOP & Hammerhead) C.Y. 367 $39.00 $14,313.00 0 $0.00 107 3/4" Crushed Gravel in Roadway C.Y. 206 $43.60 $8,917.60 0 $0.00 108 4" Asphalt Paving (incl. Hammerhead) S.Y. 1230 $15.75 $19,372.60 0 $0.00 109 Curb & Gutter with Base Material L.F. 707 $16.60 $11,666.60 0 $0.00 110 6'Sidewalk with Base Material (incl. ADA Ramp Areas) S.F. 3624 $6.00 $18,120.00 0 $0.00 ADA Access Ramps w/ Truncated Domes EA. 6 $160.00 $900.00 0 $0.00 �ISUBTOTAL ITEMS 101 - 111 $108,211.50 $0.00 WATER SYSTEM Completed To Date: 7/29/2014 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price Quantity Completed Total Cost Completed 201 8" Water Main L.F. 398 $42.00 $16,716.00 398 $16,716.00 202 8" Gate Valves, Boxes, & Concrete Collars EA. 2 $1,690.00 $3,180.00 2 $3,180.00 203 Fittings/Tees/Reducer/Plugs EA. 7 $675.00 $4,725.00 7 $4,725.00 204 Fire Hydrant Assembly w/ Pipe, 6" Gate Valve & Bo EA. 1 $4,065.00 $4,065.00 1 $4,066.00 205 Water Services3/4" EA. 7 $1,400.00 $9,800.00 7 $9,800.00 206 Connect to existing EA. 1 $1,700.00 $1,700.00 1 $1,700.00 SUBTOTAL ITEMS 201 - 206 $40,186.00 $40,186.00 SEWER SYSTEM Completed To Date: 7/29/2014 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price Quantity Completed Total Cost Completed 301 2" Sewer Force Main L.F. 418 $23.25 $9,718.50 0 $0.00 302 2" Ball Valves, Boxes, Concrete Collars EA. 3 $800.00 $2,400.00 0 $0.00 303 Sewer Services EA. 7 $1,400.00 $9,800.00 0 $0.00 304 New End Run Cleanouts W/ Concrete MH Structure, Cover, Concrete Aprons EA. 2 $2,000.00 $4,000.00 0 $0.00 305 Connect to Existing/Relocate Existing End Run Cleanout W/ Concrete Apron EA. 1 $3,200.00 $3,200.00 0 $0.00 SUBTOTAL ITEMS 301 - 306 $29,118.50 $0.00 STORM DRAINAGE Completed To Date: 7/29/2014 Item Unit Estimated Quantity Total Cost No. Description Measure Quantity Unit Price Total Price Completed Completed 401 Remove Existing Catch Basin w/ Infiltration Basin & E.A. 2 $1,000.00 $2,000.00 0 $0.00 Pipe 402 12" PVC Storm Drain L.F. 181 $40.00 $7,240.00 0 $0.00 403 16" PVC Storm Drain L.F. 313 $44.00 $13,772.00 0 $0.00 404 Catch Basin w/ Ring, Grate, Inlet Apron EA. 6 $2,000.00 $12,000.00 0 $0.00 406 Hydrodynamic Separator Facility, Type V2131 by EA. 1 $12,950.00 $12,950.00 0 $0.00 Environment21 Company 406 Detention Pond Grading/Outlet Structure L.S. 1 $2,300.00 $2,300.00 0 $0.00 407 Outlet Protection W/ Flared End Sections, Riprap, EA. 2 $900.00 $1,800.00 0 $0.00 Fabric 408 Temporary Erosion Control For Construction (Silt L.S. 1 $2,000.00 $2,000.00 0 $0.00 Fence, Straw Wattles, Inlet Protection, Etc.) 409 Permanent Erosion Control (Hydroseeding, Sod, L.S. 1 $1,200.00 $1,200.00 0 $0.00 Etc.) SUBTOTAL ITEMS 401 - 409 $55,262.00 $0.00 MISCELLANEOUS WORK Completed To Date: 7/29/2014 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price Quantity Completed Total Cost Completed 501 All Incidentals for Connection to Existing Subdivision, Including but not limited to: Traffic Control, Asphalt & Concrete Removal, Replacing Valve Collar, Curb and SW Replacement After Removing Existing Storm Basins, Etc L.S. 1 $ 2,600.00 $2,500.00 0 $0.00 602 Signs EA. 3 $ 500.00 $1,500.00 0 $0.00 603 Mailboxes L.S. 1 $ 1,275.00 $1,275.00 0 $0.00 504 Mobilization Incl. Permits &SWPPP's L.S. 1 $ 5,600.00 $5,600.00 0 $0.00 605 Landscaping (Trees, Benches, Signs, ETC.) L.S. 1 $ 6,500.00 $6,500.00 0 $0.00 506 Construction Surveying L.S. 1 $ 8,000.00 $8,000.00 0 $0.00 SUBTOTAL ITEMS 501-506 $25,375.00 $0.00 UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS Completed To Date: 712912014 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price Quantity Completed Total Cost Completed 601 Common Utility Trench w/ Bedding L.F. 862 $9.00 $7,668.00 0 $0.00 602 1" Conduit w/ Pull Rope & Sweeps L.F. 55 $2.00 $110.00 0 $0.00 603 2" Conduit w/ Pull Rope& Sweeps L.F. 1704 $2.00 $3,408.00 0 $0.00 604 3" Conduit w/ Pull Rope& Sweeps L.F. 973 $3.00 $2,919.00 0 $0.00 605 1 Phase Transformer Vault EA. 2 $425.00 $850.00 0 $0.00 606 Secondary Pedestals EA. 2 $100.00 $200.00 0 $0.00 607 Street Light Bases EA. 2 $1,000.00 $2,000.00 0 $0.00 SUBTOTAL ITEMS 601-607 $17,155.00 $0.00 Total Construction = $275,308.00 Total Construction Completed to Date = $0.00 SERVICE COSTS, FEES, ENGINEERING Completed To Date: 7/29/2014 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 701 Flathead Electric - PH4A L.S. 1 $14,601.00 $14,601.00 0 % $0.00 702 Northwestern Energy - PH4A L.S. 1 $5,000.00 $5,000.00 0% $0.00 703 Engineering, Design - PH4A L.S. 1 $9,378.00 $9,378.00 100% $9,378.00 704 Engineering, Construction - PH4A L.S. 1 $7,980.00 $7,980.00 0% $0.00 SUBTOTAL ITEMS 701 - 704 i i $36,959.00 $9,378.00 TOTAL PROJECT BUDGET TOTAL ESTIMATED COST OF CONSTRUCTION AMOUNT COMPLETED PRIOR TO BONDING AMOUNT OF REMAINING WORK PRIOR TO BONDING AMOUNT OF BOND (125% OF REMAINING WORK) AMOUNT OF WORK COMPLETED TO DATE PERCENTAGE OF WORK COMPLETED TO DATE AMOUNT OF WORK REMAINING ORIGINAL BOND AMOUNT AMOUNT OF BOND TO BE RETAINED (125% OF REMAINING WORK) BOND AMOUNT TO BE RELEASED AMOUNT PREVIOUSLY RELEASED AMOUNT TO BE RELEASED AT THIS TIME $312,267. 1 $49,564.00 $ 312,267.00 $ 49,564.00 $ 262,703.00 $ 328,378.75 49,664.00 16% 262,703.00 $ 328,378.75 $ 328,378.75 $0.00 $0.00 $0.00 AS PROJECT ENGINEER FOR THE MOUNTAIN VISTA SUBDIVISION PHASE 4A, I CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: $ 49,664.00 THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $ 262,703.00 SECURITY HELD AT 126% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 328,378.76 THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $0.00 BRETT WALCHECK, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: 8/4/2015 @ APE i k� VALLEY BANK OF KALISPELL 0"M 011L Valley Bank of Kalispell 41 Third Street West Kalispell, MT 59901 (406) 752-7123 July 30, 2014 City of Kalispell Keith Haskins 201 1 st Ave. E. Kalispell, Montana 59901 Letter of Credit # 1332 $328,378.75 RE: Touchstone, LLC 135°W Idaho Street #B Kalispell, MT 59901 cop� Letter of Credit No. #1332, dated July 30th, 2014, has been issued to the above referenced, with a maturity date of August 4, 2015. Letter of Credit is in reference to Subdivision Improvement Agreement dated August 4, 2014 for Mountain Vista Subdivision, Phase 4A. e Barbara Jean Kimbell 07/30/2014 Vice President, NMLS #486209 Valley Bank of Kalispell 406-752-7123 P.O. BOX 48 • KALISPELL, MT 59903-0048 406-752-7123 • FAX 406-752-7320 • WWW.VALLEYBANKMT.COM dember FDIC LENDER VALLEY B A N K OF KALISPELL Valley Bank of Kalispell 41 Third Street West Kalispell, MT 59901 (406) 752-7123 July 30, 2014 City of Kalispell Keith Haskins .. 201 1 st Ave. E. Kalispell, Montana 59901 Letter of Credit # 1332 $328,378.75 RE: Touchstone, LLC 135°W Idaho Street #B Kalispell, MT 59901 Letter of Credit No. #1332, dated July 30th, 2014, has been issued to the above referenced, with a maturity date of August 4, 2015. Letter of Credit is in reference to Subdivision Improvement Agreement dated August 4, 2014 for Mountain Vista Subdivision, Phase 4A. Barbara Jean Kimbell 07/30/2014 Vice President, NMLS #486209 Valley Bank of Kalispell 406-752-7123 P.O. Box 48 KALISPELL, MT 59903-0048 Member 406-752-7123 • FAX 406-752-7320 • WWW.VALLEYBANKMT.COM FDIC EQUAL HOUS11 LENDER FILE NO. 235856 LIABILITY FEE S150.00 CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company, GUARANTEES Policy No. 72030-42630318 herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. Dated: June 13, 2014 8:00AM CHICAGO TITLE INSURANCE COMPANY �t By luthorized Signature Reorder Form No. 2626 (Reprinted 10/00) CLTA Guarantee Face Page (Rev. 6-8-71) Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Reorder Form No. 2626 (Reprinted 10/00) CLTA Guarantee Face Page (Rev. 6-8-7 t) Platting Certificate SCHEDULE A Order No.: Guarantee No Dated: Liability: Fee: 235856 72030-42630318 June 13, 2014 $150.00 The Assurances referred to on the face page are: That, according to the Company's property records relative to the following described real property (but without examination of those Company records maintained and indexed by name): Parcel B of Certificate of Survey No. 17120 located in the Southeast Quarter of the Southwest Quarter and the Southwest Quarter of the Southeast Quarter of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. To be known as Mountain Vista Estates Phase 4A A. The last recorded instrument purporting to transfer title to said real property is: Dated: December 31, 2005 Grantor: Steven M. Fetveit Grantee: Touchstone, LLC Recorded: January 5, 2006 Instrument No.: 2006-005-1556-0 B. There are no mortgages or deeds of trust which purport to affect said real property, other than those shown below under exceptions. SEE SCHEDULE B No guarantee is made regarding (a) matters affecting the beneficial interest of any mortgage or deed of trust which may be shown herein as an Exception, or (b) other matters which may affect any such mortgage or deed of trust. No guarantee is made regarding any liens, claims of lien, defects or encumbrances other than those specifically provided for above, and, if information was requested by reference to a street address, no guarantee is made that said real property is the same as said address END OF SCHEDULE A LOT BOOK GUARANTEE Order No: 235856 Policy No: 72030-42630318 SCHEDULE B EXCEPTIONS: l . County road rights -of -way not shown by the Public Records, 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. 2. All minerals in or under said land including but not limited to metals, oil, gas, coal, stone and mineral rights, mining rights and easement rights or other matters relating thereto, whether expressed or implied. 3. General Taxes for the year 2013, a Lien, the first half is paid and the second half is delinquent Parcel No.: 01-0011422 In the original amount of: $2,743.55 4. Taxes, including any assessments collected therewith, for the year. 2014 which are a lien not yet due and payable. 5. Rights of the State of Montana in and to that portion of said premises, if any, lying in the bed or former bed of the Spring Creek, if it is navigable. 6. Any question of location, boundary or area related to the Spring Creek, including, but not limited to, any past or future changes in it. 7. Any prohibition or limitation on the use, occupancy, or improvements of the Land resulting from the rights of the public, appropriators, or riparian owners to use any waters, which may now cover the Land or to use any portion of the Land which is now or may formerly have been covered by water. 8. The right of the Public to use, for recreational and navigational purposes, any portion of said premises lying below or beyond the high-water line of Spring Creek, or lying below or beyond the government meander line, together with the right to use any portions of said premises lying above the high-water line to portage around barriers. 9. Easements, reservations, restrictions, notes and/or dedications as shown on Certificate of Survey No.'s 6127 & 9759 10. Easements, reservations, restrictions, notes and/or dedications as shown on Certificate of Survey No. 14672 11. Terms and provisions of State of Montana, Department of Environmental Quality, Certificate of Subdivision Plat Approval, recorded with Certificate of Survey No. 14672, of Official Records. 12. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Resolution No. 5220 Zoning Ordinance Recorded: August 24, 2007 Instrument No.: 2007-00025913 13. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Mountain Vista Estates Phase 4 Petition to Annex and Notice of Withdrawal from Rural Fire District Recorded: August 24, 2007 Instrument No.: 2007-00025914 14. A Deed of Trust to secure an indebtedness in the amount shown below. Amount: $241,781.00 Trustor/Grantor: Touchstone, LLC Trustee: Citizen's Title and Escrow Co. Beneficiary: Flathead Bank Dated: December 28, 2005 Recorded: January 5, 2006 Instrument No.: 2006-005-1557-0 15. Note: The property described has Petitioned the City of Kalispell to be Annexed and to withdraw from the West Valley Rural Fire District END OF SCHEDULE B I CounteFssed: Authorized Signat e KAj ISPELL FIRE DEPARTMENT Dave Dedman— Fire Chief PO Box 1997 Jon Campbell — Assistant Fire Chief 312 Fast Avenue East Cec Lee — Executive Secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 Monday, July 14, 2014 Kevin LeClair, Senior Planner City of Kalispell Planning Department 201 1 st Ave E Kalispell, MT 59901 RE: Mountain Vista Phase 4A approval requirements Dear Kevin, After review of the preliminary plat and construction plan and configuration for Mountain Vista Phase 4A I find the planned projects will meet requirements for final approval given that: 1. 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. 2. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. 3. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5 prior to any combustible construction or building permits issued. 4. 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. 5. Street naming shall be approved by the fire department. 6. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no parking fire lane." Sincerely, Dave Dedman, Fire Chief City of Kalispell "Protecting our community with the highest level ofprofessionalism." Montana Department of Steve Bullock, Governor Ewurom[ENT A QUALITY Tracy Stone -Manning, Director P. O. Box 200901 Helena, MT 59620-0901 (406) 444-2544 a Website: www.deq.mt_gov June 23, 2014 MARK SANDRY SANDRY CONSTRUCTION CO INC 200 BASIN VIEW ROAD BIGFORK MT 59911 RE: Confirmation Letter, Notice of Intent (NOI) Number MTR105629 SANDRY CONSTRUCTION - MOUNTAIN VISTA ESTATES PHASE 4 Dear MARK SANDRY: The Department of Environmental Quality (DEQ) is acknowledging receipt on 6/19/2014 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 MTR105629. 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. 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/wginfo/mpdes/stormwaterconstruction.mcpx. Coverage under the General Permit remains effective until you submit a complete Notice of Termination (RIOT). 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, .tarfie Petaja �l Data Control Tech Water Protection Bureau ipetaja(a mt.gov Attachments: General Permit Enforcement Division • Permitting & Compliance Division • 'Planning, Prevention & Assistance Division . Remediation Division Works Departmient r 201 1st Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www.kalisnell.com June 5, 2014 Brent Foley 48 North Engineering, P.C. 151 Business Center Loop, Ste. A Kalispell, MT 59901 RE: Mountain Vista Estates Phase 4 — Engineering Approval Dear Mr. Foley: The revised construction drawings submitted June 4, 2014, and supplemental Drainage Report submittal for Mountain Vista Estates Phase 4 are hereby approved contingent on the following items: • An all-weather access road shall be provided to the detention pond in accordance with Section 10.1.8 of the City of Kalispell Design and Construction Standards. • Revisions to the detail for CB-4 shall be made to correct the pipe diameters listed as 8" to be 12". Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect. If more than 18 months lapse before completing construction, plans and specifications must be resubmitted and approved before construction continues. Please contact Mark Crowley at 249-2485 to set up a pre -construction meeting prior to beginning construction. At project completion, please provide the City with record drawings. We look forward to working with you on this project. Sincerely, Vkin:� �C1J�KeithE Senior Civil Engineer 406-758-7727 Permit Number E W / 4-09, % Date Submitted ,-/� Final Stabilization Date Public Works Department 306 1st Ave East 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 Management Permit** (a) Project Owner r pIZ V 1<1, 1, Contact Person: Company: Mail Address: % jet% I�Z)4 ,kb State: /(_�b• rq 4_ Zip: Phone: 70 f Email: Fax: All - I Mobile: D7Other: f�l^-- Contact Person: /aCompany: Mail Address: ,yy�a:� , State: 1l1-r- Zip: y 11 Phone: ycO( ) Email: �— �G.- �"(17 zi6,).5'"�Vzc..^cy Fax: Mobile: 1-i-'z.,;V S-�� Other: (c)Engineer Contact Person:Company: .civ. Mail Address: 6-1 s o State: °pis GL ej I Zip: $ v Phone: j - -6twm Email: Fax: Mobile: Other: -- Protect Address: „ s ?;.,—, 1L � � P :l v:�s Ar- ��.. __T:e&. r I �� ,> " Lot Number: Subdivision (if applicable): , , .;/o- Project Size: ❑ LESS than one acre GlI EATE"r' ,equal to one acre (Land Disturbance) $10.00 $45-00 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 OHi hwa / Road ❑Other (describe): Description of proposed work: SWM Permit Application Page 1 of 2 City of Kalispell, Montana Permit Numbers J/ 7"-0 J Date Submitted Final Stabilization Date Start Date:-�i pc fG t Completion Date: i",2�i Final Stabilization Date: (a) List Waterbodies within 200' of project Streams: �,rxj,,,4 Lakes: Wetlands: Rivers: Sloughs: Other: Ditches: Swales: Detention Facilities: Storm Drain Inlets: Pipe Inlets/Outlets: Gutter: 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 t at nforma ' this application is true and correct and understand that I shall not start this project until this application is approv , 1 com h the laws of the State of Montana and the ordinances of the City of Kalispell. JIM kIr Sigfiature 'jof Legally Responsible Person (Submission must include original signature) Date Signed /tuMfr'50-- .. tYi)a,./tt'U2 Name (printed) Title LESS than one acre Received City By Date SMP Checklist Yes No Field Visit SMP Plan Yes No Approval SMP Map Yes No Comments: Pavn crit-$10.00 Yes No MT Stormwater Discharge Permit (NOn Yes No SWPPP X Yes No Site Map showing BMPs Yes No MT Stormwater Discharge Permit (NOT) Yes No SMP Checklist Yes No SMP Plan Yes No SMP Map V1 Yes No Payment-$45.00 es No New construction subject to impact fees Yes No SWM Permit Application Page 2 of 2 July 7, 2014 Touchstone LLC. Attn: Phil Neuharth 1289 North Meridian Road Kalispell, MT 59901 Phone: 406-755-6789 Re: Mountain Vista Subdivision, Phase IV Dear Phil: This letter is to serve as approval of the landscape design and park improvements for Mountain. Vista Phase IVa. The parks department conditions to this phase are: l . 8 trees in the boulevards in this phase based of the preliminary plat map. Trees need to be planted to City, ANSI and ISA standards (Ordinance 1086). 2. Boulevards need to be graded to sidewalk and curb levels and then seeded or sodded. 3. Installation of 4 commercial grade benches along the linear homeowner's park. The benches need to be 4 foot long and made from either metal or composite materials to prevent decay. Locations can be determined with a walk through prior to installation with the developer and the Parks Department. 4. 3 interpretive signs depicting animals that find refuge or their habitat along this linear park corridor. If you wish to use our developer's agreement for tree plantings like in previous phases of your subdivision, please feel free to contact Lisa Simmer (lsimmergkalispell.com} for more information. Sincerely, Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation CC: Planning Department 3061"Avenue East, P.O. Box 1997, Kalispell, MT 59903 Pl:one (406)758-77J8— Fax (406)758-7719 www.kalispell.com UNITED STATES POSTAL SERVICE 7/2/2014 Touchtone LLC, The Kalispell Post Office agrees to deliver mail to a new centralized mail box containing 19 new deliveries in Mountain View Estates Phase 4. The new unit will be placed on Jackson Peak next to existing units. Any questions on this matter please contact me at 406-755-6450. Phil Flores Supervisor CS 2011" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www.katispell.com June 26, 2014 Brandi Eaton Marquardt & Marquardt Surveying, Inc. 201 3rd Ave West Kalispell, MT 59901 RE: Mountain Vista Estates Phase 4A— Addressing Review Dear Ms. Eaton: The Subdivision Plat of Mountain Vista Estates Phase 4A dated June 16, 2014 has been reviewed for proper road naming and addressing by the City of Kalispell Public Works Department. The road naming and addressing shown comply with the existing road naming and addressing sequence of adjacent subdivision phases and are hereby approved. Sincerely, Aaron McConkey, PE City Project Manager 758-7721 Cc: City of Kalispell Planning Department, Kevin LeClair Senior Planner mo/vwl 201 ]"Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www.kalisnell.com July 3, 2014 Brandi Eaton Marquardt Surveying 201 Td Ave West Kalispell, MT 59901 RE: Mountain Vista Estates Phase 4 — Final Plat Phase 4A Easements Dear Ms. Eaton: In accordance with General Condition number 20 of Resolution No. 5221, the purpose of this letter is to acknowledge proper easements for City of Kalispell utilities are shown on the Final Plat titled, "MOUNTAIN VISTA ESTATES PHASE 4A". This approval of easements shown on the Final Plat is only for Phase 4A and only for utilities to be completed in this phase. Construction of the utilities is not yet complete. Therefore, any changes to approved plans requiring modification to easement locations as shown on the plat nullifies this approval and may require modification to the plat. Sincerely, 4- " Keith Haskins, PE Senior Civil Engineer 406-758-7727 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Marquardt Surveying FOR, Touchstone LLC DATE: 6/18/2014 DESCP : Mountain Vista Est Ph 4A PURPOSE: Plat (on Tr 1 BFA in 2-28-22) YEARS ASSESSOR # 2010 thur 2013 0011422 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. G JUN 2 7 2014 measurer DECLARATION OF HOMEOWNERS ASSOCIATION BY-LAWS OF MOUNTAIN VISTA ESTATES PUD PHASE IV THIS DECLARATION is _made this `?th day of July, 2014, by TOUCHSTONE, LLC, hereafter referred to as "Declarant": WHEREAS, Declarant is the owner of certain real property subject to the covenants, conditions and restrictions hereinafter set forth, each of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; WHEREAS, Declarant is desirous of subjecting said real property to the covenants, conditions and restrictions hereinafter set forth, each of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof, NOW, THEREFORE, the Declarant hereby declares that the real property hereinafter described is and shall be held, transferred, sold and conveyed subject to the covenants, conditions and restrictions hereinafter set forth. ARTICLE I PR OPFRTY The real property which is and shall be held, transferred, sold and conveyed subject to the covenants, conditions, and restrictions hereinafter set forth, is located in Flathead County, Montana, and is more particularly described as follows, to wit: MOUNTAIN VISTA ESTATES PUD PHASE IV ARTICLE II DEFINITIONS I . "Association" shall mean the association of the lot owners of the property known as Mountain Vista Estates PUD Phase IV. 2. "Owner" shall mean the record owner of a fee simple title to any lot that is a part of the property, and shall include contract buyers but not contract sellers. 3. "Property" shall mean the real property described in Article I above. 4. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the owners but not limited to parks, trails, roadways, easements, well sites, community water system, recreational facilities, and surface or storm water collection and drainage systems. 5. "Lot" shall mean all lots. ARTICLE III PURPOSE The property subject to the covenants, conditions and restrictions hereby declared to insure the best use and the most appropriate development and improvement of each building site thereof, to protect the owners of building sites as will appreciate the value of their property, to preserve so far as is practical the natural beauty of said property; to guard against the erection thereon of structures built of improper or unsuitable material; to encourage and secure the erection of attractive homes thereon; to adequately provide for a high quality of improvements on said property and thereby enhance the values of improvements made by purchasers of lots; to be responsible for operation and 2 maintenance of the water system, waste water and storm water facilities in accordance with requirements set forth by the Montana Department of Health and Environmental Sciences and be responsible for upkeep of the subdivision and common facilities. ARTICLE IV DEFINITION OF OWNERSHIP Section 1.01. "Lot" shall mean and refer to each of the 19 lots which are shown on the Plat of the Project which are intended for individual ownership. Section 1.02. "Lender" shall mean a mortgage holding a first mortgage on any lot or a beneficiary holding a first Deed of Trust on any lot. Section 1.03. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee title to any lot, including contract sellers, but excluding those having an interest in a lot merely as security for the performance of an obligation. Section 1.04. "Plat" shall mean and refer to the plat of Mountain Vista Estates Phase IV in the official records of the County Recorder of Flathead County, Montana, by which Declarant has subdivided the Project. Section 1.05. "Project" shall mean and refer to all real property described herein, and such additions thereto as may hereinafter be brought within the jurisdiction of the Association. Section 2.01. Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title in every lot, subject to the following provisions: a. The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area. b. The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of the published Association rules. c. The right of the Association to dedicate, transfer or grant easements to all or any part of the Common Area to any public agency, authority, or utility for such purpose and subject to such conditions as may be determined by the Board, 3 including the right to transfer all or part of the Common Area to the Mountain Vista Estates PUD Phase IV Property Owners Association, Inc. d. The Homeowners Association will be responsible for maintenance of the Common Area along Spring Creek. Maintenance includes maintaining a mowed path as well as benches and signs installed in the Common Area. Section 2.02. Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside in the Project. ARTICLE VI MEMBERSHIP AND VOTING RIGHTS Section 3.01. Membership. Every Owner of a lot, which is subject to assessment, shall be a member of the Association. Membership shall be appurtenant to, and may not be separated from ownership of a lot, which is subject to assessment. Upon transfer of title to any lot, the new Owner shall automatically succeed to membership in the Association. Section 3.02. Voting Classes. The Association shall have two classes of voting membership. Class A: Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as the members among themselves determine, but in no event shall more than one vote be cast with respect to any lot. Class B: The Class B member shall be the Declarant. The Declarant, as the Class B member, shall solely be entitled to vote in Association affairs and shall elect all members of the Board of Directors until the Class B membership shall cease and be converted into Class A membership. The Class B membership shall cease and be converted into Class A membership not later than 120 days after 95% of the lots in the Project have been sold to owners by the Declarant. Section 3.03. Board of Directors. The governing body of the Association shall be the Board elected pursuant to the By -Laws. The Board shall consist of not less than three (3) nor more than five (5) members. The Board may act to increase or decrease its membership within the aforesaid limits and to fill vacancies in its membership for the unexpired portion of any term. Except as otherwise provided in the Declaration, the 2 By -Laws, or the Association Rules, the Board may act in all instances on behalf of the Association. The Board shall adopt the By -Laws and Association Rules. DATED this 7th day of July, 2014 STATE OF MONTANA I-S] County of Flathead MOUNTAIN VISTA ESTATES PUD PHASE IV TOUCHSTONE, LLC By:C��'"-- By: On this 7th day of July, 2014, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Phil Neuharth and David J. Walker, known to me to be Members of Touchstone, LLC, a Montana Limited Liability Company, and the persons who executed the foregoing instrument on behalf of such limited liability company, and acknowledged to me that said limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate last above written. 409Q, DIANNE OF TIEV"4K NOTARY Pt IC for ffK state of t ata �iAtit�� �.C`T�DA t4 L tiE.1L Residing at Nt,i Printed Name MyCOMMMExpm Q` December 12, 2a1t1 Notary Public for the State of Montana Residing at Kalispell, MT My Commission expires: 5 DECLARATION OF DESIGN GUIDELINES, CONDITIONS, COVENANTS AND RESTRICTIONS FOR MOUNTAIN VISTA ESTATES PUD PHASE IV THIS DECLARATION is made this 7th day of July, 2014, by the undersigned, TOUCHSTONE, LLC., 135 W. Idaho Street, Suite B, Kalispell, MT 59901. WHEREAS, the undersigned is the owner of certain real property known as Mountain Vista Estates Phase IV, according to the recorded plat thereof on file and of record with the Office of the Clerk and Recorder of Flathead County Montana. Mountain Vista Estates Phase IV is a subdivision located in the SW 1/, S2 T28N R22W, P.M.M., to be part of the Homeowners Association and subject to these guidelines, conditions, covenants and restrictions as described herein and administered by the DECLARATION OF HOMEOWNERS ASSOCIATION BY-LAWS OF MOUNTAIN VISTA ESTATES PUD PHASE IV. THE HOMEOWNERS ASSOCIATION: The Homeowners Association shall be responsible for the care and maintenance of the common properties and each homeowner's use of the common properties will be governed by such rules as adopted by the Association. Touchstone, LLC shall establish a checking account on behalf of the Homeowner's Association. For the purposes of maintaining and caring for these common properties, the Board of Directors may make reasonable annual assessments to the lot owners and such assessment may be collected in a suit subject to the provisions stated below for enforcement of covenants and may become a lien upon the land by the filing by the Board of Directors a lien which shall describe the lot, state the amount of the assessment that has not been paid, and when it was assessed. A lot owner whose lot is subject to such a lien must pay the assessment costs before the lien is released. This lien may also be foreclosed in the manner of foreclosure for mortgages with the prevailing party entitled to attorney's fees. Common properties as used herein shall include designated parkland. Lot owners are encouraged to remain active members of this Association. Each lot owner is a member of the Association by virtue of their acquisition of the lot. Lot assessments may be adjusted by a majority of lot owners if deemed necessary by the Homeowner's Association NOW THEREFORE, Touchstone, LLC, herein referred to as the Declarant, being the owner of all the real property known as Mountain Vista Estates Phase IV, according to the plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana-' hereby declares that the said real property is and shall be held, transferred, sold and conveyed, subject to the design guidelines, conditions, covenants and restrictions hereafter set forth. All persons or corporations who shall hereinafter acquire any interest in the above -described property shall be taken and held to agree and covenant with the owner of the lots in said subdivision and with their heirs, successors, and assignees, to conform to and observe the following conditions, covenants and restrictions as to the use thereof and as to the construction of dwellings and improvements thereon. Each owner is responsible for complying with and meeting the spirit and intent of the criteria•of the guidelines, conditions, covenants and restrictions which are designed to provide .a -uniform plan for the development of the whole of said subdivision. 1 . No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than the one detached single family dwelling with not less than a two -car garage. However, the foregoing provisions shall not be interpreted to exclude construction of a private greenhouse, garden shed, private swimming pool, or shelter facilities, or port for the protection of such swimming pool, or other recreational facilities, or for the storage of a boat and/or a camping trailer kept for personal use, provided the location of such structures are in conformity with the applicable municipal regulations, and are compatible in design and decoration with the residence constructed on such lot. There shall be no mobile, manufactured or prefabricated housing. 2. The main floor area of the single family dwelling structure, exclusive of basement, open or screened porches and attached garages, shall be no less than 1400 square feet for a dwelling of one story or 1500 square feet with 1200 square feet on the main level for a dwelling of two stories. Split level/multi-level dwellings shall contain a minimum floor area of 1800 square feet, with all levels, exclusive of garage area within the dwelling unity, included in computation of footage for such dwellings. 2 3. All structures, appurtenances and setbacks shall comply with City of Kalispell R-2 zoning with a PUD overlay. Front, rear and side corner setbacks are 20 feet; side setbacks are 5 feet. Percent of lot coverage is 40%. Lot coverage is defined as the total area of a lot covered by the principal and accessory buildings, or structures including any area occupied by overhangs or roofs and any attachment to a building or structure, but excluding (a) open decks less than 30 inches in height (measured from grade to top of the platform); and (b) an eave extending up to two feet from the exterior wall of the building or structure. 4. Each owner of a lot within the subdivision shall construct a concrete driveway from street to garage prior to occupancy of the dwelling. Thereafter the owner shall maintain and repair their driveway. Structures shall be guttered and the runoff water .shall be retained onsite. 5. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, including but not limited to skateboard ramps, in or adjacent to any of the streets. 6. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.. , 7. No sign of any kind shall be displayed to the public view on any lot, except one professional sign, not more than five square feet, advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sale period. An appropriate entrance sign is excepted here from. 8. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot; other usual household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose, and provided that they are not permitted to cause damage, constitute a nuisance, or ran at large in the neighborhood. 9. No house trailer, camper, boat or trailer of any type shall be stored or parked in the front yard or driveway portion of any lot, or on any street within the subdivision; such storage area must be behind the adjacent building line. 10. No building shall be erected, placed, or altered on any lot until the construction plans and specifications, and a plan showing the location of the structure, have been approved by the Architectural Control Committee, as defined below, as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finish grade elevation. No fence or wall 3 shall be erected, placed or altered on any lot nearer to any street than the building setback line, unless similarly approved. 11. The Architectural Control Committee shall initially consist of two (2) persons designed by the undersigned ("Initial Committee"). Upon the erection and completion of family dwellings, intended for separate occupancy and ownership, on all lots within the subdivision, the Initial Committee shall turn control of the Architectural Control Committee over to the residents of Mountain Vista Estates Phase IV PUD, whereupon a majority of the residents shall appoint four (4) members from within the subdivision. All appointed members from the subdivision shall serve a one-year term. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor for the balance of that member's term. The members committee shall not be entitled to any compensation for services performed pursuant to this covenant. The , committee's approval or disapproval as required in these covenants shall be in.: writing. In the event the committee fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event; if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. The Architectural Control Committee will approve plans and placement of a house on each lot at their own discretion and will not be responsible or. liable in any event if, in the course of decisions, a house should block a portion of all of another's view, or of any other dispute that may arise from the committee's decisions. 12. Approved projects must be completed within six (6) months after issuance of a building permit. Failure to complete work within the prescribed time will cause the approval to be rescinded and resubmittal will be required. The Architectural Control Committee may grant an extension under extenuating circumstances brought to its attention. 13. Regarding the physical structure (i.e. family dwelling and fencing) itself, the following will apply: Roof The roofing shall be composition material, or better, with a minimum 20-year warranty. Siding: Siding must be applied over the sheeting of a framed wall. Any application of vinyl siding shall be approved by the Architectural Control Committee (i.e. colors, specifications, etc.). If the front elevation is gabled, the gable siding must contrast with the body siding. 4 Fencing: All fencing shall conform to City standards regarding height. Painting: All house colors must be approved by the Architectural Control Committee. 14. Trees and shrubs or landscaping of any kind will be kept neat and orderly. The front yard landscaping of each lot must be completed within four (4) months from the date of completion of a family dwelling structure constructed thereon or prior to occupancy, whichever event shall first occur. In the event of undue hardship due to weather conditions, this provision may be extended upon written request to the Architectural Control Committee. 15. All vacant lots and lots with partially constructed improvements shall be kept clear of any construction debris. Weeds and grass shall be kept mowed and. not allowed to grow to a height of more than six (10) inches. No trash, garbage or lawn clippings/yard waste shall be placed at any time within the homeowners park areas. 16. Annexation and Conversion 16.1 Annexation by Declarant. At any time from time to time until the Transition Date; Declarant may, in its discretion without the assent of the Board, Owners or Mortgagees, cause any real property not already part of the Project to be annexed to the then existing Project and thereby subjected to this Declaration as part of the Project. Such annexation shall be accomplished by recording an amendment to this Declaration in accordance with the provisions of Section 16.3. Lots within property annexed to the Project pursuant to this Section shall be owned by Declarant. 16.2 Non -Declarant Annexations. Annexation of additional properties (other than Declarant annexations provided for in Section 16.1 hereof) shall require the assent of two-thirds (2/3) of the Members of the Association attending a meeting duly called for this purpose, written notice of which shall be sent to all Members not less than thirty (30) days or more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. At this meeting the presence of Members or of proxies entitled to cast sixty percent (60%) of the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set forth above and the required quorum at such subsequent meeting shall be one-half (1/2) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. In the event two- thirds (2/3) of the Members are not present in person or by proxy, Members not 5 present may give their written consent to the action taken thereat. Until the Transition Date, annexation of additional properties under this Section shall also require the prior written approval of the Declarant. Annexation of additional properties under this Section shall be accomplished by recording an amendment to this Declaration in accordance with the provisions of Section 16.3. 16.3. Declaration Amendment. To make effective any annexation pursuant to this Section 16, the Declarant (or the Association acting pursuant to Section 16.2) shall execute and record an amendment to this Declaration describing the real property to be annexed (the "Annexed Property") and stating that such Annexed Property shall be annexed to and made a part of the Project. Such amendment shall identify Common Areas within the Annexed Property, and may include covenants, conditions and restrictions affecting such Common Areas and the use and maintenance thereof. Such covenants, conditions and restrictions shall be operative as a set of covenants :running with the land as provided in Section 1.2. From and after the recording of such amendment, all property (including all lots, Common Areas, and all homes and other improvements constructed thereon) with the Annexed Property as well as within the Project existing prior to such amendment shall constitute a single Project pursuant to the provisions of this Declaration. 16.4 Common Areas Within Annexed Property.. Common Areas within property subsequently annexed to the Project shall be available for the common use of all Owners of lots within such subsequently Annexed Property as well as within the Project existing prior to such annexation. Likewise, Common Areas within the Project existing prior to such annexation shall be available for the common use of all Owners of lots within the Project including the property annexed thereto. 16.5 Conversion of Lots to Common Areas. Declarant reserves the right to amend this Declaration and the Plat Maps, from time to time until the Transition Date, for the purpose of converting to Common Area any lots or portions thereof which have not yet been improved with homes. Such amendment shall not require the consent of any person other than the Owner(s) and Mortgagee(s) of the property to be converted. 16.6 Adjustment of Voting and Common Expense Percentages. In the event of the annexation of property to the Project, the conversion of lots to Common Areas or the conversion of Common Areas to lots, the voting rights and common expense percentages shall be adjusted accordingly. C� 17. Property Not Part of the Project. Declarant has provided in this Declaration a legal description of the Property in order to give record notice to all persons dealing with the property that Declarant has the right, but not the obligation, pursuant to Section 16, to annex to and make a part of the Project all or any portion of the Property not already part of the Project. Declarant, upon Declarant's sole signature without the assent of the Board, Owners or Mortgagees, and as an attorney -in -fact for the Association and all Owners with an irrevocable power coupled with an interest, may from time to time at any time before or after the Transition Date, file amendments to this Declaration for the purpose of (a) adding to the Property any real property (and improvements thereto) not already described in this Declaration; or (b) removing from the Property (including any additions thereto) all or any portion of the Property not then part of the Project. 17.1 Declarant Powers. Declarant, upon Declarants sole signature without the asset, of the Board or Owners, and as an attorney -in -fact for the Association and all Owners with an irrevocable power coupled with an interest, may at any time until the Transition Date, file such amendments to this Declaration and the Plat Map as are necessary. 17.2 Amendments Affecting Special Rights. Except as otherwise provided herein, any amendment to this Declaration which would affect a right, power, duty or obligation which is .exclusively granted to or imposed upon a specific person or class shall require the consent of the person or seventy-five percent (75%) of the members of that class. As used herein, the term "person or class" means. the Declarant, Owners or institutional first Mortgagees. 17.3 Fencing. Fences may only be placed along the rear property line and from the front building line to the rear lot line. Under no circumstances may fences obstruct the view from any other lot, and they must be constructed of wood, masonry product that is approved by the ACC, or other material approved by the ACC. Chain link fences are not allowed, nor are fences that are in front of the house and which run in a direction that is more or less parallel to the front of the residence. Hedges or other solid screen planting may be used as lot line barriers, subject to the same height restrictions as fences. Fences may not exceed six feet (6') in height where the fence is behind (i.e. away from the street that fronts the lot) the front of the residence. Side fences which are in the area between the front of the residence and the front lot line shall not exceed four feet (4') in height. 17.4 Games and Play Structures. No platform, dog house, playhouse or structure of a similar kind or nature shall be constructed on any lot located in front of the front line of the residence constructed thereon. 7 17.5 Garages. Every home must have a garage which holds at least two full-size cars, pickups, boats, recreational vehicles or other motor vehicles ("vehicles'). All vehicles must be stored in garages or in a manner which the Board reasonably determines is not offensive when viewed from the street or from the ground level of adjacent lots. An attached garage cannot extend toward the street the residence primarily faces by more than four feet (4'). A detached garage is permissible provided that such detached garage does not extend beyond the front of the residence. 17.6 No Business Use. No business of any kind shall be conducted on any lot or home with the exception of (a). the business of creating, improving and selling the lots and homes located in the Project, and (b) uses otherwise permitted by Section 17.2. No materials, supplies or equipment used by a business shall be stored on any lot or home within the view of another lot or home, except for items relating to an improvement which is under construction in conformance with this Declaration. Nothing in this section shall be construed so as to prevent or prohibit an Owner from maintaining his or her. professional personal library, keeping his or her, personal business or professional records or accounts, handling his or her personal business or professional telephone calls, or conferring with business,or professional associates in such Owner's home.., 17.7 Parking. Unless substantially screened from view from the street or from the ground level of adjacent lots in a manner reasonably approved by the ARC, no disabled vehicles, recreational vehicles, commercial vehicles, construction or like equipment, or trailers (utility, boat, camping, horse or otherwise) shall be allowed to be parked or stored on any rights -of -ways, setback areas or street. If parked on rear or side yards, vehicles must be adequately screened with at least a six-foot solid fence and otherwise in compliance with the regulations of the ARC. The Board shall have full authority to determine if any vehicle is obnoxious or undesirable to other lot Owners and take appropriate steps to correct such a violation of this covenant. 18. Special Declarant Rights. Notwithstanding anything in this Declaration or in the Articles, By-laws or rules and regulations to the contrary, Declarant reserves unto itself and to its managing agent the right (but not the obligation) to exercise any or all of the following rights and powers ("Special Declarant Rights") at any time from time to time until the Transition Date without the assent of the Board or Owners: (a) any or all of the rights and powers otherwise permitted to the Association (or the Board on behalf of or acting for the Association) under this Declaration; (b) the right to approve or disapprove the exercise by the Association (or by the Board on behalf of or acting for the Association) of any such right or power; (c) the right to require the Association, upon request by Declarant, to enter into any contract, lease, agreement or other undertaking proposed by the Declarant prior to the Transition Date (or to accept the assignment and assumption thereof if entered into by Declarant prior to the Transition Date) in the exercise of the Special Declarant Rights reserved under subparagraph (a) or (b) above, on such terms as may be determined in good faith by Declarant; provided, however, subparagraph (c) shall not apply to (i) any management or employment contract having a term continuing after the Transition Date; (ii) any contract or lease between the Declarant and an affiliate of a Declarant or any lease of Common Area, except on terms which are commercially reasonable; or (iii) any contract or lease that is not bona fide or. was unconscionable to the Owners at the time entered into under the circumstances then prevailing; (d) any other right expressly reserved to the Declarant (or Declarant's managing agent) hereunder which, by its terms, must be exercised, if at all, by the Transition Date, including but not limited to Declarant's right under Section 16 to annex property to the Project, to convert lots to Common Area, or (subject to any necessary approval under that section) to convert Common Area to lots. Until the Transition Date, the Board shall provide to the Declarant reasonable notice not less than thirty (30) days before the Association or Board takes or commits to take any action which is subject to Declarant's right of approval or disapproval under subparagraph (b) above. No action disapproved by the Declarant (or by Declarant's managing agent) under this Section will be taken. Any action taken or committed to be taken by the Association or Board in violation of the provisions of this Section shall, at the option of Declarant, be deemed null and void. Nothing herein shall diminish the responsibility of the Association and the Board to take such action (not disapproved as provided herein) as shall be reasonably required of them in furtherance of the intent and purposes of this Declaration. Declarant may, from time to time, elect by written notice to all Owners to relinquish any or all Special Declarant Rights. The Transition Date, if it has not already occurred, will occur upon Declarant's election to permanently relinquish all Special Declarant Rights. The relinquishment of Special Declarant Rights by Declarant pursuant to this paragraph shall not affect rights and entitlements of Declarant in its capacity as the Owner of any lot or home or otherwise available to Declarant under this Declaration or applicable law. Declarant, by reserving or exercising Special Declarant Rights or any other rights under this Declaration, does not assume the primary authority of the Board to manage the affairs of the Association. Nor does this Declaration impose any obligation on V Declarant to exercise such rights on behalf of the Association or the Board. The reservation or rights by Declarant is an exception to Declarant's grant of rights and power to the Association (and to the Board on behalf of the Association) to administer, manage and control the Project. Neither the exercise of, nor the failure to exercise, any Special Declarant Rights or other rights available to Declarant (or to Declarant's managing agent) shall be construed as a waiver or a relinquishment of such rights for the future. No waiver of any such rights shall be deemed to have been made by Declarant (or Declarant's managing agent) unless expressed in writing and signed by the Declarant. 19. Waiver of Homestead. Each Owner hereby waives to the extent of any liens created pursuant to this Section, the benefit of any homestead or exemption law in effect at the time any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms hereof. 20. Continuing Liability for Assessments. No Owner may exempt himself/herself from liability for his/her assessments by abandonment of his/her home or lot. 21. No lot shall be used or maintained as a dumping ground. Rubbish, trash, garbage or other waste shall not be kept except in, sanitary containers, pending collection and removal. All incinerators or other equipment for the temporary storage of material shall be kept in a clean and sanitary condition. 22. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. In the event that it appears to the advantage of this platted subdivision that these restrictions should be modified, then and in that event, any modification desired may be made by affirmative vote of 80% of the then owners of lots within this subdivision and evidence by suitable instrument filed for public record; or if such event occurs during the development period, such modifications or waiver of non -conformity may be evidenced by special permission granted in writing by the undersigned or its successor interest. 23. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation, or to recover damages. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 10 TOUCHSTONE, LLC Date:?% 1--(�- P Date:'" By: G STATE OF MONTANA ) ss County of Flathead ) On this 7th day of July , 2014, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Phil Neuharth and David J. Walker, known to me to be Members of Touchstone, LLC, a Montana Limited Liability Company, and the persons who executed the foregoing instrument on behalf of such limited liability company, and acknowledged to me that said limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate last above written. 0F DIANNE OFTEDAHL NOTARY PUBLIC W ft State of Montana SEAL Residing at Kalispell, Montana OF My commission Expires December 12, 2016 Printed Name Notary Public for the State of Montana Residing at Kalispell, MT My Commission expires: 11