1. Final Plat - Glacier Village Greens Phase 22BPLANNING FOP THE FUTURE
September 9, 2014
Doug Russell, City Manager
City of Kalispell
201 l sl Ave E
Kalispell, MT 59901
Re: Final plat request for Glacier Village Green Subdivision Phase 22B
Dear Doug:
Sands Surveying Inc. submitted a request, on behalf of Go Development, LLC., for final plat approval
of the Glacier Village Greens Subdivision Phase 2213, a 7-lot single-family residential subdivision in
the Southwest 11 of Section 32, Township 29 North, Range 21 West., P.M.,M., Flathead County,
Montana. The subdivision is the second sub -phase of a 22-phase residential development the City
Council preliminarily approved with 16 conditions in December 2002 with Resolution #4762.
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 #4762.
General Conditions:
l . Development of the subdivision shall be platted in substantial compliance with the approved
preliminary plat which governs the location of lots and roadways within the subdivision.
Staff Response: This condition has been met. The subdivision is substantially in compliance with
the approved preliminary plat. The lot and roadways very closely match those that were proposed
and approved under the preliminary plat.
2. That the roadways serving the subdivision shall be constructed in accordance with the adopted
Design and Construction Standards for the City of Kalispell for local roads and include the pavement,
curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street
trees placed in accordance with a plan approved by the parks and recreation director. A letter from an
engineer licensed in the State of Montana certifying that the improvements have been installed
according to the required specifications shall be submitted at the time of final plat approval along
with a letter from the Kalispell Public Works Department stating that the required improvements
have been inspected and comply with the City standards.
Staff Response: This condition has been met. All of the roadways and associated improvements in
the public right-of-way were constructed and accepted at the time the previous, Phase 22A was
approved. See the attached letters from WMW Engineering and the City of Kalispell Public Works
Department, dated June 11, 2008 and April 11, 2008, respectively. In addition, the Kalispell Parks
and Recreation Department has agreed to allow the developer to implement a "Landscaping
Agreement" for the fourteen trees that will be installed as the lots develop. The developer has paid
the Parks Department $4,130.00 for the trees. See the attached letter from the Kalispell Parks and
Recreation Department, dated August 19, 2014.
3. That a letter be obtained from the Kalispell Public Works Department approving the sewer
and drainage facilities for the subdivision.
Staff Response: This condition has been met. See the attached letter from Kalispell Public Works,
dated April 25, 2003.
4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed
subdivision be performed that pertains to the stability of the slope and identifies any potential for
failure due to development of the subdivision or other construction that might occur. The report shall
be submitted to the Kalispell Public Works Department for their review and approval.
Staff Response: This condition does not apply for Phase 2213, as this sub -phase is not adjacent to the
slopes in question. This condition will be addressed in a future sub -phase that is north and west of
East Nicklaus Avenue.
5. A storm water drainage plan which has been designed by an engineer licensed in the State of
Montana shall be prepared which complies with the City's Design and Construction Standards and
shall be reviewed and approved by the Kalispell Public Works Department.
Staff Response: This condition has been met. See the attached letter from Kalispell Public Works,
dated April 11, 2008.
6. That the developer obtain a letter from the Evergreen Water District or their engineer
approving the water main extension and certifying that any necessary improvements have been
completed.
Staff Response: This condition has been met. See the attached letter from the Flathead County
Water & Sewer District #1 — Evergreen, dated April 8, 2008. This letter covers all of Phase 22,
including all sub -phases.
7. 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.
Staff Response: This condition has been met. All of the road names and signage were approved and
installed with Phase 22A.
8. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service.
Staff Response: This condition has been met. See the attached letter from the United State Postal
Service, dated August 15, 2014.
9. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties.
Staff Response: This condition has been met. All of the required improvements were installed and
accepted by the Kalispell Public Works Department along with the approval of the previous Phase
22A.
10. That the parkland dedication requirements shall be met by recognizing the existing park and
parking improvements as well as open space within the development.
Staff Response: This condition has been met. The applicant dedicated 6.167 acres of parkland
along with the previous final plat of Phase 22A.
11. All utilities shall be installed underground.
Staff Response: This condition has been met. All of the utilities have been installed underground.
Installations were completed prior to the approval of Phase 22A.
12. That the fire access and suppression system comply with the Uniform Fire Code and a letter
from the Kalispell Fire Department approving the access and number and placement of fire hydrants
within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire
access and suppression system shall be installed and approved by the fire department prior to final
plat approval.
Staff Response: This condition has been met. See the attached letter from the Kalispell Fire
Department, dated May 8, 2008.
13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
Staff Response: This condition has been met. All of the required infrastructure for the subdivision
has been constructed. The remaining improvements to be installed are the street trees, and the
applicant has entered into a "Landscaping Agreement" to ensure the trees are installed by the
Kalispell Parks Department.
14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
Staff Response: This condition has been met. All of the areas that were disturbed during the
development of Phase 22 were completed in substantial compliance with the approved plans and
specifications, including re -vegetation of disturbed areas with a weed -free seed mix.
15. That the boundaries of the I 00-year floodplain be established and delineated on the final plat.
Staff Response: This condition does not apply to Phase 22B. The 100-year flood plain does not
intersect any portion of this phase, but rather lies east of the lots that were included in Phase 22A.
16. That preliminary approval shall be valid for a period of three years from the date of approval
with a three year extension as the final plat for each phase is filed.
Staff Response: This condition has been met. The final plat was submitted prior to the expiration of
the preliminary plat approval, which was initially granted in 2002 and was extended with the filing of
subsequent subdivision phases and an extension that was granted in 2011.
COMPLIANCE WITH APPROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was approved by the
Kalispell City Council on December 16, 2002.
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-4
zoning designation for the property which governs the dimensional requirements of the lots within
the subdivision as well as the uses.
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 Glacier Village Greens Phase 22B. Please schedule this matter for the regular city council
meeting of September 15, 2014.
Attachments: - Resolution #4762
- 1 copy of final plat
- I I" x 17" copy of plat
- 2 full-size mylar copies of the final plat
- Final plat application and applicant responses dated August 21, 2014
- Letter from WMW Engineering, PC dated June 11, 2008
- Letter from Kalispell Public Works dated April 11, 2008
- Letter from Kalispell Parks and Recreation Department dated August 19, 2014
- Letter from Kalispell Public Works dated April 25, 2008
- Letter from Flathead County Water & Sewer District #1 — Evergreen dated April
8, 2008
- Letter from the United States Postal Service dated August 15, 2014
- Letter from the Kalispell Fire Department dated May 8, 2008
- Subdivision Guarantee from Stewart Title Guaranty Company dated July 28, 2014
- Flathead County Tax Certification dated July 30, 2014
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Go Development LLC
Attn: Mark Owens
500 Palmer Drive
Kalispell, MT 59937
Sands Surveying, Inc.
Attn: Eric Mulcahy
2 Village Loop Road
Kalispell, MT 59901
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ASSESSOR'S TRACTS 1+ AND 2A+ IN SECTION 32, TOWNSHIP 29 NORTH, RANGE 21
FLATHEAD COUNTY, MONTANA.
WHEREAS, Owl Corporation, the owner of 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
November 12, 2002, on the proposal and reviewed Subdivision Report #KPP-02-7 issued
by the Tri-City Planning Office, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval
of the Preliminary Plat of Mountain View Plaza Subdivision, subject to certain conditions
and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of December 16,
2002, reviewed the Tri-City Planning Office Report #KPP-02-7, 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 Tri-City Planning Office Report #KPP-02-
7 are hereby adopted as the Findings of Fact of the City Council.
SECTION II, That the application of Owl Corporation for approval of the Preliminary Plat of
Glacier Village Greens Phases 14 through 22, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
1. Development of the subdivision shall be platted in substantial compliance with the approved
preliminary plat which governs the location of lots and roadways within the subdivision.
2. That the roadways serving the subdivision shall be constructed in accordance with the adopted
Design and Construction Standards for the City of Kalispell for local roads and include the
pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape
boulevard with street trees placed in accordance with aplan approved by the panes andrecreation
director. A letter from an engineer licensed in the State of Montana certifying that the
improvements have been installed according to the required specifications shall be submitted at
the time of final plat approval along with a letter from the Kalispell Public Works Department
stating that the required improvements have been inspected and comply with the City standards,
That a letter be obtained from the Kalispell Public Works Department approving the sewer and
drainage facilities for the subdivision.
4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed
subdivision be performed that pertains to the stability of the slope and identifies any potential for
failure due to development of the subdivision or other construction that might occur. The report
shall be submitted to the Kalispell Public Works Department for their review and approval.
5. A storm water drainage plan which has been designed by an engineer licensed in the State of
Montana shall be prepared which complies with the City's Design and Construction Standards
and shall be reviewed and approved by the Kalispell Public Works Department.
6. That the developer obtain a letter from the Evergreen Water District or their engineer approving
the water main extension and certifying that any necessary improvements have been completed,
7. 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.
8. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service,
9. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties.
10. That the parkland dedication requirements shall be met by recognizing the existing park and
parking improvements as well as open space within the development,
It. All utilities shall be installed underground.
12. That the fire access and suppression system comply with the Uniform Fire Code and a letter from
the Kalispell Fire Department approving the access and number and placement of fire hydrants
within the subdivision as well as fire flows and access shall be submitted with the final plat. The
fire access and suppression system shall be installed and approved by the fire department prior to
final plat approval.
13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free
mix immediately after development,
15. That the boundaries of the 100-year floodplain be established and delineated on the final plat.
16. That preliminary approval shall be valid for a period of three years from the date of approval with
a three year extension as the final plat for each phase is filed.
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 16TH DAY OF
ATTEST:
Theresa White
City Clerk
FINAL PLAT APPLICATION
Project /Subdivision Name: Glacier Village Greens Phase 22B
Contact Person:
Name: Go Development LLC, Attn: Mark Owens
Address: 500 Palmer Drive
Kalispell, MT 59937
Phone No.: (406) 250-2614
planning
Department
201 1"' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
,vi,-A,",.halisl2ell.com/12]aani"
Owner & Mailing Address:
Same
Date of Preliminary Plat Approval: 12/16/02. Final Plat of Phase 22A occurred on November3,
2008. A one year extension was granted on September of 2010, a second one year extension was
granted in August of 2011 and the last two year extension was granted in October of 2012
extending the preliminary-, plat to October 1st 2014.
Type of Subdivision: Residential X Industrial Commercial PUD Other
Total Number of Lots in Subdivision 7 Lots
Land in Project (acres) 1.204 acres
Parkland (acres) N/A Cash -in -Lieu $ N/A Exempt N/A
No. of Lots by Type:
Single Family 7 Lots Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
Legal Description of the Property Glacier Village Greens, Phase XXII B in Section 32, T29N, R2 1W,
P.M.M, Flathead County
FILING FEE ATTACHED $ 3,175.00
Minor Subdivision with approved preliminary plat $400 + $125/lot
Major Subdivision with approved preliminary plat $800 + $125/lot
Subdivisions with Waiver of Preliminary Plat $800 + $125/lot
Subdivision Improvements Agreement $50
Attached Not Applicable (MUST CHECK ONE
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
tiC Maintenance Agreement
Plats: lopaque OR 2 mylars
1 inylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
1 1X17 Copy 1 1X17 Copy
"The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The governing
body must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application and
may invalidate any approval. The signing of this application signifies approval for Kalispell Planning
staff to be present on the property for routine monitoring and inspection during the approval and
development process,
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final
plat applications be accompanied with a digital copy.
Owner(s) Signature
Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision comer or a corner of the public land survey system
I
SANDS SURVEYING, INC.
2 Village Loop Road
Kalispell, MT,59901
4o6-755-648i
Fax 4o6-755-6488
August 21, 2014
Kalispell Planning Office
Kevin LaClair, Senior Planner
201 15t Avenue East
Kalispell, MT 59901
Dear Kevin:
Attached please find the materials necessary to file the final plat for Flathead Village Greens,
Phase XXII-B. I have listed the Conditions of Approval, and then subsequently addressed how
each Condition was met.
Glacier Village Greens was granted Preliminary Plat approval on December 10, 2002 as part of
the overall approval for Phases 14-22, (Resolution 4762). In November of 2008, the City
Council granted final plat of Phase 22A, since that time the developer has been granted
extension since the initial two year approval window. The preliminary Plat is set to expire on
October 1, 2014.
1. Development of the subdivision shall be platted in substantial compliance with the
approved preliminary plat which governs the location of lots and roadways within the
subdivision.
This condition is met. The subdivision is in substantial compliance with the approved
preliminary plat. There have been some minor changes from the original phasing of the
project, but the overall number of lots has decreased within the phases. In addition, the
overall design was shifted in Phase 22B to accommodate building plans. This phase
originally showed 10 sublots in the original preliminary plat approval. Within this final
plat the number of lots will be seven for a reduction of three units. The park area was
dedicated in the previous phase of 22A
2. That the roadways serving the subdivision shall be constructed in accordance with the
adopted Design and Construction Standards for the City of Kalispell for local roads and
include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot
landscape boulevard with street trees placed in accordance with a plan approved by the
parks and recreation director. A letter from an engineer licensed in the State of Montana
certifying that the improvements have been installed according to the required
specifications shall be submitted at the time of the final plat approval along with a letter
from the Kalispell Public Works Department stating that the required improvements have
been inspected and comply with the City Standards.
This condition is met. All of the improvements where installed and certified as complete
with the approval of Phase 22A. Attached are the letters from WMW Engineering and the
City of Kalispell Public Works Department certifying that all of the above noted
improvements are complete. The Parks and Recreation Department has agreed to
Glacier Village Greens, Phase XX11B Page 1
implement a "Landscaping Agreement" for the fourteen trees that will be installed as the
lots are developed. The developer paid the parks department $4,130.00 for the trees as
indicated in the Kalispell Park Department letter of August 19, 2014.
3. That a letter be obtained from the Kalispell Public Works Department approving the
sewer and drainage facilities for the subdivision.
This condition is met. Attached is a letter from the City of Kalispell Public Works
Department approving all of the above.
4. That a geotechnical analysis of the slope areas to the north and to the west of the
proposed subdivision be performed that pertain to the stability of the slope and identify
any potential for failure due to development of the subdivision or other construction that
might occur. The report shall be submitted to the Kalispell Public Works Department for
their review and approval.
This is not applicable for this portion of Phase XXII. The Geo-Technical Report will be
submitted phase 22C which are the lots along the base of the bluff.
5. A storm water drainage plan which has been designed by an engineer licensed in the
State of Montana shall be prepared which complies with the City's Design and
Construction Standards and shall be reviewed and approved by the Kalispell Public
Works Department_
Thiscondition is met. Please refer to the attached letter from Kalispell Public Works
Department.
6. That the developer obtain a letter from the Evergreen Water District or their engineer
approving the water main extension and certifying that any necessary improvements
have been completed.
This condition is met. Please refer to the letter from Evergreen Water District approving
the water main extension.
7. 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.
This condition is met. The roads were named as part of previous phases.
8. The developer shall provide a letter from the U.S. Postal Service approving the plan for
mail service.
This condition is met. Please refer to the attached letter from the USPS approving the
mailbox site which will be in the common area at the south end of Phase 22B.
9. Street lighting shall be located within the subdivision and shall be shielded so that it does
not intrude unnecessarily onto adjoining properties.
This condition is met. Street lighting has been installed.
10. That the parkland dedication requirements shall be met by recognizing the existing park
and parking improvements as well as open space within the development.
This condition is met. The applicants dedicated 6.167 acres of parkland with the
previous final plat of Phase 22A.
11. All utilities shall be installed underground.
This condition is met. Utilities are installed underground and were completed with Phase
22A.
12. That the fire access and suppression system comply with the Uniform Fire code and a
letter from the Kalispell fire Department approving the access and number and
placement of fire hydrants within the subdivision as well as fire flows and access shall be
submitted with the final plat. The fire access and suppression system shall be installed
and approved by the fire department prior to final plat approval.
This condition is met. See attached letter from Deputy Fire Marshal, F. Ray Ruffatto
approving said improvements with the final plat of Phase 22A.
13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
This condition is met. All of the required improvements have been completed and
outside of the Agreement with the Parks and Recreation Department for the fourteen
trees, there is no Subdivision Improvement Agreement with this phase.
14. All areas disturbed during development of the subdivision for this shall be re -vegetated
with a weed -free mix immediately after development.
This condition is met. This has been completed as per WMW Engineering letter.
15. That the boundaries of the I 00-year floodplain be established and delineated on the final
plat.
This condition is not applicable to this phase as it does not border the Whitefish River.
16. That preliminary approval shall be valid for a period of three years from the date of
approval with a three year extension as the final plat for each phase is filed.
This condition is met. This subdivision plat is submitted before the expiration date.
17. Street tree planting shall be coordinated in partnership with the City of Kalispell Parks
Department.
This condition is met. See attached letter from the City of Kalispell Parks Department
regarding street tree compliance.
Thank you for your kind consideration Ofthis application. Ifyou should have any further
questions or concerns, please do not hesitate to call.
Sincerely,
4. 1 --� J.A-&
Eric H.Mulcahy, AJCP
Sands Surveying, Inc.
Attach: Final Plat Application
Application Fee -$1O75.00
Cover Letbe[(0/21/14)
Letter —VVK4VVEngineering /6y11/O8\
LetbeF— Kalispell Public VVOrkS N/1 1/OR\
Lette[-Kalispell Public Works(4/25/O3)
Letter — Environmental Health Services /0/9/O3\
K8[)EC}Cert. —EC}#D3-2G5O(8/2YO3)
Flathead County Water and Sewer District #1 EvergreeD(4/8/O8)
Kalispell Parks and Recreation (8/19/14)
Kalispell Fire Department (5/8/D8)
USP8 (8/15/14)
Title Report — File #81323;Guarantee #G-2222-DOOO85179(7/2[V14)
Tax C8rt(8/7/14)
4
WMW ENGINEERING, PC
Paul Wells, P.E.
Principal Engineer
June 11, 2008
Mayor Kennedy and City Council
c/o Sands Surveying
Erica Wirtala
2 Village Loop Road
Kalispell, MT 59901
RE: Glacier Village Greens, Phase 22
Dear Mayor and City Council:
Consulting Engineers
50 West Second Street
Whitefish, Montana 59937
Phone (406) 862-7826
Fax (406) 862-7827
Please accept this letter as my certification that all work has been completed in substantial conformance
with the approved plans and specifications.
Cc: OWL Corporation
it of 'K .-alispell Public Works DeparLment
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
April 11, 2008
Paul Wells, P.E.
WMW Engineering, PC
50 West Second Street
Whitefish, Montana 59937
RE: Glacier Village Greens, Phase XXII
Dear Mr. Wells,
The City of Kalispell Public Works Department hereby approves the existing, completed
City owned infrastructure (the water distribution mains and the sanitary sewer mains)
serving the referenced development and the public road improvements within East
Nicklaus Avenue. This letter is intended to meet the City requirement of Condition 2, 3,
and 5 of City Resolution No. 4762.
If you have any questions, please do not hesitate to contact this office.
Sinc
Frank Castles, P.E.
Deputy Public Works Director/Assistant City Engineer
Cc: Nicole Johnson, Senior Planner
Kalispell Planning Office
Lee Griswold
Owl Corporation
500 Palmer Drive
Kalispell, Montana 59901
Sands Surveying, Inc.
2 Village Loop
Kalispell, Montana 59901
August 19, 2014
Lee Griswold
Owl Corporation
500 Palmer Drive
Kalispell, MT 59901-2767
Re: Glacier Village Greens, Phase 22
Dear Lee:
This letter is to serve as approval of the landscaping agreement submitted and dated August 18,
2014 for boulevard trees and planting in Glacier Village Greens, Phase 2213. This agreement
stipulates that developer will pay the city $295.00 per tree to be planted on seven (7) lots. A
total of fourteen (14) trees will be planted for a total cost of $4,130.00.
The developer and/or property owner will be responsible for any boulevard prep, seeding or sod.
This developer's agreement is solely for trees and no other landscaping in Glacier Village
Greens, Phase 2213.
We are in receipt of your check numbered 7151 for the amount of $4,130.00 to cover the
planting of fourteen (14) trees in Glacier Village Greens, Phase 2213. As the lots are developed,
please have the property owners call our office to schedule the tree plantings.
If you have questions regarding the timing involved to plant trees or any concerns, feel free to
contact me.
Sincerely,
Chad Fincher, Parks and Recreation Director
CC: Fred Bicha, Parks Superintendent
V, KKR' anning,1)epartment.,
7V
Deb Diest, Finance Department
306 I' Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7718— Fax (406)758-7719
wip.kafispell.conz
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 5 9903-1997 - Telephone (406)758-7720, Fax (406)758-783 1
April 25, 2003
Dick Montgomery, P.E.
Environmental Health Services
Flathead City -County Health Department
1035 First Avenue West
Kalispell, Mt. 59901
Re: Glacier Village Greens, Phases, 14, 18, and 22
Kalispell, Montana
Z-, r
This letter is to confirm that the City of Kalispell has reviewed and approved the
construction plans and specifications prepared by Paul L. Wells, P.E., for the referenced
project. The Kalispell sanitary sewer system has adequate capacity to serve the
project.
Please feel free to call if you have any questions.
Respectfully,
rank Castles
Civil Engineer
cc: Paul L. Wells, P.E.
, r— lu UU Ur-;IUF wnw t:.ngineerinC9 t'L'
r, . I
. J14 T Sewer Dist-rirt
130 Nicholson Drive , Kalispell, NIT 59901
CNO Phone: (406) 257-5661 * Fax: f406) 756-1586
April 8,2008
WMW Engineering
50 W. Second St.
Whitefish, MT 59937
Attention: Lee
Dear Lee-
The water main Pxtensioli- for Phase 22 of Glacier Village Greens can be considered
acceptable to the District. In accordance with District policy and the extension
agreement, the main will be under warranty by the, developer for a period Of 2 years from
the date of this letter.
Please contact me if you require additional information.
Sincerely,
-4
Roberta StrucK
District Manager
--mm UNITEDSTATES
Ma POSTAL SERVICE
8/15/2014
The Kalispell Post Office approves the location of the new CBU to be installed in Village Greens at East
side common area and will provide delivery to addresses added to this unit. Any question or concerns
please call 755-6450.
Phil Flores
Supervisor CS
KALISPELL FIRE DEPARTMENT
312 First Avenue East
PO Box 1997
Randy Brodehl — Fire Chief
Dan Diehl — Assistant Chief/Operations
Kalispell, Montana 59901
DC Haas — Assistant Chief/Prevention
(406) 758-7760
Tim Soule — Training Chief
FAX: (406) 758-7952
wvml.kalispell.com
AMWOU1 IT;
Owl Corporation
Attn: Lee Griswold
500 Palmer Drive
Kalispell, MT 59901
Re: Final plat approval — Glacier Village Greens, Phase 22
Dear Mr. Griswold,
In response to your request for approval of the above -referenced project, our department
approves final plat for Glacier Village Greens, Phase 22, with the following information and
conditions:
o Fire hydrant locations, fire flows, and fire department access are approved by
this department.
Please contact me if you have any questions.
Sincerely,
F. Ray Ruffatto
Deputy Fire Marshal
cc: Tom Jentz, Kalispell Planning Office
Jeff Clawson, Building Official
"Assisting our community in reducing, preventing, and mitigating emergencies. "
Guarantee (CLTA Form) Rev. 6-6-92
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS
GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT 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.
ISSUED BY
t�lt��iL•1� i�l�-��,1:7�1i It li'Z�Z�7►Ti 171 � 1'1
a corporation, herein called the Company,
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in
Schedule A.
Countersigned by:
stewc-wt
� title guaranty company
Auu CwnwoVrAdre
Main Office
CI
211 South Main Street
Kalispell, MT 59901
Agent ID: 260052
".7..�rrmim ,•.
Page 1 of
Serial No. G-2222-000065179
t" Matt Morris
President and CEO
Denise C rraux
Secretary
GUARANTEE CONDITIONS AND STIPULATIONS
Definition of Terms — The following terms when used in this Guarantee mean:
(a) "the Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute
real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C)
or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without knowledge.
(e) "date": the effective date;
Exclusions from Coverage of this Guarantee — The Company assumes no liability for loss or damage by reason of the following:
(a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
(b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights,
claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records.
(c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or
in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to
maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such
property, rights or easements are expressly and specifically set forth in said description.
(d) (1) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title, and as limited by
such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public
records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the
Assured; or (c) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the
scope and purpose of assurances provided.
Notice of Claims to be Given by Assured Claimant — An Assured shall notify the Company promptly in writing in case knowledge shall
come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and
which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given
to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required,
provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless
the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
No Duty to Defend or Prosecute — The Company shall have no duty to defend or prosecute any action or proceeding to which the
Assured is a party, notwithstanding the nature of any allegation in such action or proceeding.
Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate — Even though the Company has no
duty to defend or prosecute as set forth in Paragraph 4 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a
defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate
or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured.
The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and
shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this
paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its
choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and
will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the
defense of those causes of action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the
Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its
sole discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an
Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all
appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by
the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding,
securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may
be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured.
If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the
Assured under the Guarantee shall terminate.
Proof of Loss or Damage — In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been
provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety
(90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the
matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of
loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the
Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of
Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the
Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or
damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the
Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably
necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall
terminate any liability of the Company under this Guarantee to the Assured for that claim.
Options to Pay or Otherwise Settle Claims; Termination of Liability — In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
File No.: 61323 Serial No.: G-2222-000065179 Page 2
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss
to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a Iienholder, the Company shall have the option to purchase the indebtedness secured by said
mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the
Assured claimant which were authorized by the Company up to the time of purchase.
Such Purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company
hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said
indebtedness, the owner of the indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the
Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this
Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any
obligation to continue the defense or prosecution of any litigation for which the Company has exercised its option under Paragraph 5, and
the Guarantee shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To Pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this
Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this
Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any
obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5.
8. Determination and Extent of Liability — This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or
incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee
and only to the extent herein described, and subject to the exclusions stated in Paragraph 2.
The liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under
Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the
loss or damage assured against by this Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as sated herein and the value of the estate or interest
subject to any defect, lien or encumbrance assured against by this Guarantee.
9. Limitation of Liability —
(a) If the Company establishes the title or removes the alleged defect, lien or encumbrance, or cures any other matter assured against
by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it
shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any
claim or suit without the prior written consent of the Company.
10. Reduction of Liability or Termination of Liability — All payments under this Guarantee, except payments made for costs, attorneys'
fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto.
11. Payment of Loss
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost
or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the
loss or damage shall be payable within thirty (30) days thereafter.
12. Subrogation Upon Payment or Settlement — Whenever the Company shall have settled and paid a claim under this Guarantee, all
right of subrogation shall vest in the Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any
person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer
to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The
Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the assured in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and
remedies of the Assured after the Assured shall have recovered its principal, interest and costs of collection.
13. Arbitration — Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in
connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of
Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the
amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules
in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in
which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an aribitration under
the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request.
14. Liability Limited to This Guarantee; Guarantee Entire Contract —
(a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract
between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a
whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this
Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed
by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the
Company.
15. Notices, Where Sent— All notices required to be given the Company and any statement in writing required to be furnished the Company
shall include the number of this Guarantee and shall be addressed to the Company at P.Q. Box 2029, Houston, Texas 77252-2029.
File No.: 61323 Serial No.: G-2222-000065179 Page 3
mTSubdivision Guarantee 14
File No.: 81323
Date ofGuarantee: July28, 2014at 5:00PM.
Liability: $1.000l0
A. Assured:
Sands Surveying, Inc.
B. Assurances:
1. Description ufthe land:
SEE EXHIBIT "A"ATTACHED HERETO
2. Name ofProposed Subdivision Plat orCondominium Map:
Glacier Village Greens, Phase XXU8
Guarantee No.: G'2222-000065178
Premium: $125.00
3. That the only hereafter named parties appear to have an interest showing in the public records
affecting the land necessitating their execution of the name proposed plat or map area as follows:
BwDevelopment, LLC,oMontana Limited Liability Company
File wx:m32m
wTSubdivision Guarantee STeWAnmLE
Page 1m* GUARANTY COMPANY
MT Subdivision Guarantee 14
File No.: 61323 Guarantee No.: G-2222-000065179
SUBJECT TO:
1. Real estate taxes orspecial assessments for the year(s)2Oi4.that are not yet due nrpayable,
For informational purposes only, do not rely upon for a tax payment. Flathead County records
indicate the taxes for the year 2013are:
FIRST HALF: $309.59PA|D
SECOND HALF: $399.57PA|D
TOTAL: $79916
Assessor No.: 0006277
Tax Roll No.: 46709
Affects: Premises and other property
3. Delinquent water and sewer charges ofthe City ofKalispell, Kany.
4. Terms and provisions contained inAgreement for waterworks system, recorded July 14.190Gao
Document #34Q1.inBook 54.page 035'and agreement conveying said waterworks system,
recorded March 6.1Q16aeDocument #8Q7.inBook 112.page 332.records ofFlathead County,
Montana.
5.Notice ofAppropriation of Water Right, recorded September 23.101AasDocument #33B.in
Book 129.page 170.records of Flathead County, Montana.
G. Notice of Appropriation of Water Right, recorded August 24, 1936 as Document #2621, in Book
221.page 2S7.records ofFlathead County, Montana.
7. Easement for transmission line and related purposes granted to Northwestern Telephone
Systems, |nc..byinstrument recorded November 8.1A85aeDocument #853121154O.records of
Flathead County, Montana.
8. Certificate of Inclusion of Additional Territory into Flathead County Water District #1 - Evergreen,
and rules and regulations adopted thereby, recorded March 26, 1986 as Document #8608513410,
records ofFlathead County, Montana.
S. Village County Sewer District Levy of Assessment filed September 2, 1988 as Document
#88240O838O.records ofFlathead County, Montana.
10. Terms and provisions contained in Agreement regarding the development of Glacier Village
Greens, recorded October 5, 1989 as Document #8927811250, records of Flathead County,
Montane.
11. Terms and provisions contained in Interlocal Agreement regarding Flathead County Water &
Sewer District No. 1 - Evergreen, filed October 25.199OaeDocument #8O2SOUS2DO.records uf
Flathead County, Montana.
12. Terms and provisions contained in |nter|ooe| Agreement regarding Sanitary Sewer for Evergreen
Water and Sewer District, filed November 27.1QA1 noDocument #813311137O.records of
Flathead County, Montana.
13. Easement for transmission line and related purposes granted to The Montana Power Company,
recorded October 20, 2000 as Document #200029409030, records of Flathead County, Montana.
File wu:m32o
mTSubdivision Guarantee oTEWAnTITLE
Page oof4 GUARANTY COMPANY
mrSubdivision Guarantee 14
14. All matters, covenante, conditionu, reothotione, easements and any rights, interest or claims which
may exist by reason thnnaof, disclosed by Certificate of Survey No, 15027, but deleting any
covenant, conditions or restriction indicating a preference, limitation or discrimination based on
nsuo, ou|wr, re|igion, eax, handiuop, familial etatua, or national origin to the extent such covenants,
conditions orrestrictions violate 42USC3G04(o).
15. A 20 foot easement for the installation, operation, maintenance and repair of a public water
pipeline granted ininstrument recorded April 29.2U04aaDocument #2UO412O1434U.records of
Flathead County, Montana.
16. A permanent irrigation and access easement and right-of-way for ingress, egress, irrigation and
utility purposes, granted ininstrument recorded December O.2OO4auDocument #20043431154O.
records ufFlathead County, Montana.
3um*y/P|at, when mcovded, must be in compliance with the provisions of the Montana Subdivision and
Platting Act, 1973. (3aoUono 76'3-101 M.C.A. through 70-3'014 kd.C.A.) and the regulations adopted
pursuant thereto.
Eenemenbs, conditions and restrictions as disclosed or to be disclosed on proposed Sunxpy/P|atto be
recorded prior tnoraopart ofthis transaction.
File No.: maca
wTSubdivision Guarantee meWART TITLE
Page om4 GUARANTY COMPANY
wnSubdivision Guarantee m
A tract of land, situated, lying and being in the Southwest Quarter of the NortheastQuarter ofSection 32.
Township 2QNorth, Range 21 West, P.yN.M..Flathead County, Montana, and more particularly described
as follows to wit:
Beginning at the northwest corner ofLot 14Aof the Plat ofGlacier Village Greens, Phase XX|IA(records
of Flathead County, Montana), which is a found iron pin on the easterly RfW of a 60 foot city street known
aeEast Nicklaus Avenue; thence leaving said R/W
North 63000'12" West 65.59 feet to a found iron pin on the westerly R/W of East Nicklaus Avenue; thence
along said R8N
South O3^8U'51" West 15Q73feet toa found iron pin being the point ofcurvature ofa7U.UOfoot radius
curve, concave westerly (radial bearing North 86'50'09" West); thence southwesterly along a curve to the
right through a central angle of 36'00'09", for an arc length of 43.99 feet to a found iron pin; thence
South 3g"10`U8''West 1U345feet hoo found iron pin being the point ofcurvature ofo23O.O8foot radius
curve, concave southeasterly (radius bearing South 50'50'00" East); thence southwesterly along a curve
to the left through a central angle of 5'28'09", for an arc length of 20.64 feet to a found iron pin being a
point of non -tangent curvature of a 70.00 foot radius curve, northeasterly (radial bearing North 39'34'29"
East); thence northwesterly along a curve to the right through a central angle of 53'35'22" for an arc
length of05.47feet hoafound iron pin; thence
North O3^0O'51"East 245.45feet toefound iron pin; thence leaving said R/W
South 74'56'17 West 63.17 feet to a point on the westerly R/W of East Nicklaus Avenue; thence along
aaidR/N/
North 03^0O'61" East 8.77feet toeset iron pin being the point ofcurvature ofo 25.UOfoot radius curve,
concave westerly (radial bearing North 88°5O'08"VVent); thence northerly along acurve tnthe left through
a central angle of37,OQ'31".for enarc length of 18.21 feet tnaset iron pin being the point ofreverse
curvature of a 50.00 foot radius curve, concave southeasterly (radial bearing North 50'19'51" East);
thence northerly along a curve to the right through a central angle of 185'57'49", for an arc length of
162.28feet tnaset iron pin; thence
South 86'50'09" East 114.33 feet to a set iron pin being a point of non -tangent curvature of a 50.00 foot
radius curve, concave southwesterly (radial bearing South 49'57'58" East); thence northeasterly along a
curve to the right through a central angle of 205'35'37" for an arc length of 179.41 feet to a set iron pin
being the point of reverse curvature of a 25.00 foot radius curve, concave southeasterly (radial bearing
South 24*22'21 " East); thence southwesterly along a curve to the left through a central angle of 62*
27'40".for anarc length of2725feet to the point of beginning.
File wu:m323
wTSubdivision Guarantee STEWART TITLE
Page ^m4 GUARANTY COMPANY
STG Privacy Notice
Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title
Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a
non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control
their subsequent use of information, and suggest you refer to their privacy notices.]
SHARING PRACTICES
Contact us: if you have any questions about this privacy notice, please contact us at; Stewart Title Guaranty Company,
1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
File No.: 61323 Page 1
Revised 11-19-2013
Reasons we can share your personal information.
Da we share
Can you limit this sharing?
For our everyday business purposes— to process your
transactions and maintain your account. This may include running the
Yes
No
business and managing customer accounts, such as processing
transactions, mailing, and auditing services, and responding to court
orders and legal investigations.
For our marketing purposes— to offer our products and services to
Yes
No
you.
For joint marketing with otherfinancial companies
No
We don't share
For our affiliates' everyday business purposes— information
about your transactions and experiences. Affiliates are companies
related by Gammon ownership or control. They can be financial and
Yes
No
non -financial companies. Our affiliates may include companies with a
Stewart name; financial companies, such as Stewart Title Company
For our affiliates' everyday business purposes— information
No
We don't share
about your creditworthiness.
For our affiliates to market to you —For your convenience,
Yes
Yes, send your first and last name, the
Stewart has developed a means for you to opt out from its affiliates
email address used in your transaction, your
marketing even though such mechanism is not legally required.
Stewart file number and the Stewart office
location that is handling your transaction by
email to optout@stewart.com or fax to
1-800-335-9591.
For non -affiliates to market to you. Non -affiliates are companies
No
We don't share
not related by common ownership or control. They can be financial
and non -financial companies.
How often do the Stewart Title Companies notify me
We must notify you about our sharing practices when you request a
about their practices?
transaction.
How do the Stewart Title Companies protect my
To protect your personal information from unauthorized access and use, we
personal information?
use security measures that comply with federal law. These measures
include computer, file, and building safeguards.
How do the Stewart Title Companies collect my
We collect your personal information, for example, when you
personal information?
■ request insurance -related services
■ provide such information to us
We also collect your personal information from others, such as the real
estate agent or lender involved in your transaction, credit reporting agencies,
affiliates or other companies.
What sharing can I limit?
Although federal and state law give you the right to limit sharing (e.g., opt out)
in certain instances, we do not share your personal information in those
instances.
STG Privacy Notice 2 (Rev 01/26/09) Independent Agencies and Unaffiliated Escrow Agents
WHAT DO/DOES THE Sterling Title Services - Kalispell Branch (Main) DO
WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Sterling Title Services -
Kalispell Branch (Main), and its affiliates (" N/A "), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as Sterling Title Services - Kalispell Branch (Main), need to share customers' personal information to
run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that
we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information
Do we share?
Can you limit this sharing?
For our everyday business purposes— to process your transactions and
maintain your account. This may include running the business and managing
Yes
No
customer accounts, such as processing transactions, mailing, and auditing services,
and responding to court orders and legal investigations.
For our marketing purposes— to offer our products and services to you.
Yes
No
For joint marketing with other financial companies
No
We don't share
For our affiliates' everyday business purposes— information about your
transactions and experiences. Affiliates are companies related by common
ownership or control. They can be financial and non -financial companies.
Yes
No
For our affiliates' everyday business purposes— information about your
N o
We don't share
creditworthiness.
For our affiliates to market to you
Yes
No
For non -affiliates to market to you. Non -affiliates are companies not related by
No
We don't share
common ownership or control. They can be financial and non -financial companies.
We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a
non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. Me do not
control their subsequent use of information, and suggest you refer to their privacy notices.]
Sharing practices
How often do/does Sterling Title Services -
We must notify you about our sharing practices when you request a transaction.
Kalispell Branch (Main) notify me about their
practices?
How doldoes Sterling Title Services -
To protect your personal information from unauthorized access and use, we use
Kalispell Branch (Main) protect my personal
security measures that comply with federal and state law. These measures
information?
include computer, file, and building safeguards.
How doldoes Sterling Title Services -
We collect your personal information, for example, when you
Kalispell Branch (Main) collect my personal
information.
request insurance -related services
. provide such information to us
We also collect your personal information from others, such as the real estate
agent or lender involved in your transaction, credit reporting agencies, affiliates
or other companies.
What sharing can I limit?
Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances, we do not share your personal information in those instances.
Contact Us If you have any questions about this privacy notice, please contact us at: Sterling Title Services - Kalispell
Branch (Main), 211 South Main Street Kalispell MT 59901
File No.: 61323 Page 1 of 1
MPS MAP 15 TURNI51IE0 TOR INFORMATION
PORP0.5ES ONLY TO AS5151 IN PROPERTY
IOCATION WITH RFERFNCC 70 5TREF15 ANO
OI MIT PARCGLS. NO IIEPRESENJAI ION IS MAPT
32-29-21
AS TO ACCURACY AND STERLIN67ITLE 5ERMICES
ASSLIME5 NO TWII..ITY FOR ANY L055
Not to Scale
OCCLIIIRINCI BY REASON OF RELIANCE'I IIEREON.
THIS MAP 151'URNISIIED FOR INFORMATION
PURPOSES ONLYTO ASSIST IN PROPERTY
LOCATION WITH REFERENCE TO STREETS AND
US HER PARCELS. NO REPRESENTATION 15 MAUL
AS TO ACCURACY AND STERLING TITLE SERVICES
ASSUMES NO LIABILITY FOR ANY LOSS
OCCURRING BY REASON Of RELIANCE THEREON,
SURVEYS Cr RECORD
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Gt AG1 �A5 A PSE
ZA+
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: SANDS
FOR: GO DEVELOPMENT LLC DATE: 7/30/14
DESCP' GLACIER VILLAGE GREENS PURPOSE: SUB
PH XXIIB (32-29-21)
YEARS ASSESSOR
2010 THRU 2013 0977135
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.
eputy �r/e a s u re r
/E
(seal)
GOUIV
MOW
By. SANDS SURVEYING, Inc.
2 V111age Loop
KahspaB, MT 59901
(408) 766-6481
JOB NO. 212371 (Project 10316)
DATE, • JVLY 241 2014
FUR: MARK OWENS
OWNER: GO DEVELOPMENT LLC
AffAa
LOTS 0,662 Ac.
COM8t0N AREA 0.022 Ac.
ROAD 0.520 A.
Tom i30F2&
NYaKUtitYYAU' &171VVWVVM
Plat Of
GLACIER VILLAGE GREENS, PHASE XXIIB '1-'- 71 _'
A Subdivision Located In SEC 32
SWI14NE1/4 SEC. 32, T.29N., R.21 W., P.M.,M., FLATHEAD COUNTY, MONTANA
SCALE: 1" = 30'
30' IS' 0 30' 60'
I, THE UNDERSIGNED PROPERTY OWMM, DO HERESY CERTIFY THAT I HAVE CAUSED TO
BE SDRMXV AND PLATTED INTO LOTS ALL THY FtlLLO*WG DESCRIBED PROPERTY AS
DESCRIRM IN INK CZR77FYCATE OF DEDICATION, AND SHOWN BY THY ANAWW PLAT
OR YAP AND STI77ATED IN FLATHEAD COUNTY, MONTANA:
A TRACT OF LAND, SITUATED, LYING, AND BMNG IN THE S007WWZST QUARTER OF THE
NORTB'EAST QUARTER OF SECTION 39 TOWNSEP 29 NORTH,, RANGE 21 1►EST, P.M.,M,
FLATHEAD COUNTY, YONTAMC AND MORE PARTICULARLY DESCRISM AS FMWYS TO
I .
BEGINNING at the northwest corner of Lot 14A of the Plat of Glacier Village
Greens, Phase MM (records of Flathead County, Montana), which is a found iron
pin oh the easterly R/If of a 60 foot city street known as Past Nicklaus Avenue;
Thence leaving said RIF N83'0012"/' 65.59 feet to a found iron pin on the
wastarly R/lf of East Nicklaus Avenue; Thence along said ft/lf S03.09'51'f 169.73
feat to a found iron pin being the point of curvature of a 70.00 foot radius
curve, concave westerly (radial bearing NW50091f); T3anoe southwesterly along a
curve to the right through a central angle of 36'00'09; for an arc length of
43.99 feet to a found iron pin; Thence S39•lo'OOif 103.45 feet to a found Iron
pin being the point of curvature of a 230.00 foot radius curve, concave
southeasterly (radial bearing S50.50'00$); Thence southwesterly along a curve to
the left through a central angle of 5'0829, for an arc length of 20.84 feet to
nu a
found hpin being a point of non-tengant curvature of a 70.D0 toot radius
curve, concave northeasterly (radial bearing N39.34291E); Thence northwesterly
along a curve to the right through a central angle of 5S J522' far an arc length
of 65.47 feet to a found iron pin; Thence NO3'08'5112 245.45 feat to a found
iran pin; Thence leaving said R/W S7r56'16'p 63.17 feet to a point on the
wasterly R/If of East Nfakleus Avenue; Thence along said R/w 1103'09161'T 8.77
feet to a set iron pin being the point of curvature of a 25.00 foot radius curve,
concave westerly (radial bearing 1186.50'091T); Thence northerly along a curve to
the left through a central angle of 42'50'00, for an arc length of 18.69 feet to a
set iron pin being the point of reverse curvature of a 50.00 foot radius curve,
cancavo southaasterly (radial bearing N6079'51'E); Thence northerly along a curve
to the tight through a central angle of 185'5749, for an arc length of 162.28
feet to a set iron pin; Thence S88'60109IR 114.33 feat to a set iron pia being a
point of non -tangent curvature of a 50.00 foot radius curve, ooncave
southwesterly (radial bearing S49'57168$)t Thence northeasterly along a curve to
the right through a central angle of 20555'37' for an are length of 179.41 feet
to a set iron pin being the paint of reverse curvature of a R&OO foot radius
curve, concave southeasterly (radial bearing S241221$), Thance southwesterly
along a curve to the left through a central angle of 62.2749, for an arc length
of 27.25 feet to the point of beginning and containing 1204.ACRES; Subject to
and together with all appurtenant easements of record.
The above described tract of land shall hereafter be known as;
GLACIER VILLAGE GRNW,, PHASE X1Z>8
73e portion of the 60 foot roadway known as EAST MC7UAUS AVENUE as shown
bereon Is to be dedicated to the City of Kalispell forever.
�OFIRYYJ.'f.FY fAI,Y N. ;YYlY Y:Y
The undersigned hereby grants unto each and every person, firm, or corporation,
.lather public ar private, providing or offering to provides telephone, telegraph, electric
power; Sea, cable television, water or savor service to the public, the rlglt to the Joint
use of an eaaemact f the construction, matatenance, repair, and removal of their
lines and other facilities, in, ovar, under and acr oss each area designated on this plat
as 'UTILITY EASKIMY ' to have and to hold forever.
MARK G. ONENS - MANAGING PARTNER
STATE OF MONTAM4 )
SS
COUNTY OF FTd27MD )
On this , day of 2014, before me a Notary
Public for the State of Montana, personally appeared MARK G. OYES$ Managing Partner
far GO DEVELOPMENT, LLC., and known to me to be the person whose name is
subscribed to the foregoing instrumant and acknowledged to me that he executed the
Same.
Notary Public for the State of Montane
Printed Name
Residing at
My cammisaioa expires_,/_/
CERITFIC47E OF CITY COUNCIL
ire, Mayor for the City of Xalispalt Montana and
City Clark of the City of KaRspeD, Montana do
lareby certify that this plat has been submitted for examination and bean found by
them to conform to the law, and was approved by the City Council of the City of
XallepaB at its regular meeting hold on the day of
2014. The portion of the roadway shown hereon as TAST MC7aAUS AVENUE' is haroby
accepted by the City of Kaliopelt
Mayor of Kalispell, Montana
CER7T97CATE OF CITY A77URNYY
City Clark of Kalispell, Montana
The plat has been examined by the office of the city attorney of EalispeD, At-tma,
according to Section 76-3-612 (2) MaA., and relying upon Title Report No.
, and approvad based on intarmation
submitted by the developer and/or his Agent.
Office of Kalispell City Attorney
City of X n peal, Montana
Data By
w °D�faaqir90 4r b0'aDY IlA to
1ntdLdr 641
R' a.4lW2bibY
EAST JWCZUVS.YRNM
kY (80' City Street)
4�Q7
a �8e'eab8' R0"5.00' °-8701 A
dOIV's R-a.00' AWaW 7p•
°+-(Y'160i7W t��14n PA00' �7.ea' t�r16�1'• r
NSOT851$ lrleei' - rr
dW
1
_____________ t QY$ g' I a�23A gig p�B10
�aD y �a�irl8 1!
taw 0.091 Aa R0.091 A.i8 8 tRamd� _ i
1
6B i $ 1® t _��$8 i- Bo10•n
PaY
I
Il i i j Easemeat� OlaN Cw: lot 14A rrr
---- --------
_-MOO,
6A r_gy�cyl- 14A 1f
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I 1 1 $' 0.O�Aa
5B i i �� i $ i 14B
sa'o°-- _aaao'
14igp,--68P2'--
i
5A i ". 99 Sid gi. 0.078 do. 'R 9 i 15A i
0.078 des $l$ '1�Re�
I � I � ; s�1Y3a8E• ,opal 1 �
0 Ci I aw00• I -L-mtr
_______•_____-50.18' f e�1a'60'04' I Cu 1
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4B m----------- ec --. e-eraone' 15B
law
1 1 ' �Baaa ®i ° 13Vrao��{'% °'1�8'1o•os' y_afa-Mr !'
I 1 I R-ea00' L-23.48
zh i 8i 0.167 An.
rrla� i r
allyl 16A r
1 I,p4Y y`'
R_aa.on'
1 Ls-s..mgmee.Ts• �r7e .` d S6B r r
it 3B It (R �e19tv;y�-w � a'an r
1 ,l .].d,9'a%'AY"""•5�88'9391• +l 4-4vow"
A -MOW R�aQ00 sanota'i9ari) r
' ' i-an4f L-ss.5a• � t-Ines• ` / y1 17A `
11 t�11 �1` (Rh1Q ° m9a•47'64' \ , r \. „- !s_ ,- i
' 300 i r
p,• 3A l` R_Z=a a' ; CERTIFICATE OF SURVEYOR
I y � i r
CQYYON Ant6d F; w� `LA
la
i
amdes ° 17B r THOMAS E. SANDS 7975S
�J
+
rA o^B w / i APPROVED: , zoi _
18A / E%AMIMNG LAND SURVEYOR
r C>J REG. No. 5428S
I rr STATE OF MONTANA )
COUNTY OF FLATHEAD) SS
FLIED ON THE _ DAY OF _, 201 _
+ '4i 18B r` AT , PAID FEE
P. r `
CLERK & RECORDER
BY
DEPUTY
N.L. Bw1a rat hearing. per Gl.d- Village
Greens Ph- =A LEGEND: INSTRUMENT REC. No.
• Found 1/2' Reber & Cap (7975S) SHEET 1 OF I
Set 1/2'x24' Reber & Cap (7975S)
0 Not set, falls in transformer
Street Address
FILE No