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I3. Glacier Village Greens Final PlatPLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager �L FROM: Jarod Nygren, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Final Plat request for Glacier Village Greens Subdivision Phase 22C MEETING DATE: March 21, 2016 BACKGROUND: Our office has received an application for final plat approval from Sands Surveying on behalf of Go Development, LLC for a 14-lot townhouse subdivision. The subdivision is located in at the far north end of East Nicklaus Avenue within the Glacier Village Greens Subdivision. The property can be further described as being in the SW4 of the NW4 of Section 32, Township 29 North, Range 21 West., P.M.,M., Flathead County, Montana, more particularly described in the attached Exhibit A. The subdivision is the third sub -phase of a 22-phase residential development. The City Council approved the preliminary plat with 16 conditions in December 2002 with Resolution #4762. All 16 conditions of the preliminary plat have been adequately met or otherwise adequately addressed. RECOMMENDATION: It is recommended that the City Council approve the final plat for Glacier Village Greens Phase 22C. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. Report compiled: February 29, 2016 ATTACHMENTS: Final plat compliance letter and associated attachments. c: Aimee Brunckhorst, Kalispell City Clerk PLANNING FOR THE FUTURE March 15, 2016 Doug Russell, City Manager City of Kalispell 201 1st Ave E Kalispell, MT 59901 MONTANA Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Re: Final plat request for Glacier Village Green Subdivision Phase 22C 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 22C, a 14-lot townhouse subdivision. The subdivision is the third sub -phase of a 22-phase residential development. The City Council approved the preliminary plat 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. COMPLIANCE WITH CONDITIONS OF APPROVAL General 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. 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 $5,600.00 for the trees. See the attached letter from the Kalispell Parks and Recreation Department, dated September 21, 2015. 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 22C, as this sub -phase is not adjacent to the slopes in question. 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 100-year floodplain be established and delineated on the final plat. Staff Response: This condition has been met. The floodplain boundary is shown on the final plat and is not within any lot boundary. 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. 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-4 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 Glacier Village Greens Phase 22C. Please schedule this matter for the regular city council meeting of March 21, 2016. Attachments: - Resolution #4762 - 2 Mylars of the final plat - I — I Ix17 copy of final plat - Applicant responses dated February 23, 2016 - Final plat application - Letter from WMW Engineering, PC dated June 11, 2008 - Letter from Kalispell Public Works dated April 11, 2008 - Letter from Kalispell Public Works dated April 25, 2003 - Letter from Kalispell Parks and Recreation Department dated September 21, 2015 - Montana Department of Environmental Quality approval letter dated June 2, 2003 - Flathead County Environmental Health Services Water & Sewer Main Extension letter dated June 9, 2003 - 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 - Geotechnical Engineering Slope Stability Evaluation dated March 17, 2003 - Stewart Title Company Guarantee, G2222-000065211 dated August 28, 2015 - Flathead County Tax Certification dated February 23, 2016 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: Eric Mulcahy, Sands Surveying 2 Village Loop Kalispell, MT 59901 , -d 'd I . . . . . . . . . . . . . HUME 9H -11 2 V� !RM; �2,1 il i LIN 152 Mil I 01 1 d I lik R (11,19 1 H go ,a hiasRRRz l ti -, 0 b is -1 - I- I g , '18 'ji ask % l IMI ,g IoiPRR-244;-o .q9 as U'l% d al H 99 11 41- 1.4 41 Eti lju--------- - --- — ---------- — -- - - -------- — ------- I .......... 88 �$' m �/�� ,e asj� "� pig lo' $ � " � RESOLUTION NO.4762 A RESOLUTION CONDITIONALLY APPROVING THE PRELMUNARY PLAT OF GLACIER VILLAGE GREENS PHASES 14 THROUGH 22, MORE PARTICULARLY DESCRIBED AS ASSESSOR'S TRACTS 1+ AND 2A+ IN SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., 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 ofthe 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: 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. 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. 3. 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, 11. 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 SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 4o6-755-6481 Fax 406-755-6488 February 23, 2016 Kalispell Planning Office Jarod Nygren, Senior Planner 201 1"Avenue East Kalispell, MT 59901 Dear Jarod: Attached please find the materials necessary to file the final plat for Flathead Village Greens, Phase XXII C. 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 giving phase 22B two years of approval from that date. 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. Final Plat was granted to Phase 22B on October 1, 2014 by the City Council. As a result, Phase 22C would not expire until October 1, 2016. 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. The preliminary plat for the lots at the end of East Nicklaus Avenue was originally approved for 72 lots. When the final plat of Phase 22C is approved there will be 69 lots, three fewer lots than originally approved. 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 includes 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 Glacier Village Greens, Phase XXII C Page 1 City of Kalispell Public Works Department certifying that all of the above noted improvements are complete. The Parks and Recreation Department has agreed to implement a "Landscaping Agreement" for the fourteen trees that will be installed as the lots are developed. The developer paid the parks department $5,600.00 for the trees as indicated in the Kalispell Park Department email of September 21, 2015. 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 improvements. 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 condition is met. A slope stability analysis report was submitted to the Planning Office with the final plat for Phase 16 in 2003. The Planning Staff reviewed the report with the Public Works Staff and approved it at that time. The report states that the slope is stable but recommends only minimal amounts material be removed from the base of the slope and that material should not be removed to make a flat building site. The report goes on to recommend that houses along the base of the slope be designed to conform to the slope. A note was added to the face of the plat referencing the 2003 Geotechnical Report and stating improvements should only be constructed according to engineering/architectural plans based on appropriate geotechnical studies and recommendations. 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. This condition 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. 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 100-year floodplain be established and delineated on the final plat. This condition is met. The floodplain boundary is shown on the final plat and is not within any lot boundary. 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. 3 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 of this application. If .you should have any further questions or concerns, please do not hesitate to call. Sincerely, Eric H. Mulcahy, AICP Sands Surveying, Inc. Attach: Final Plat Application Application Fee - $2,550.00 Check for Street Trees in the amount of $5,600.00 Cover Letter (8/21/14) Letter— WMW Engineering (6/11/08) Letter— Kalispell Public Works (4/11/08) Letter - Kalispell Public Works (4/25/03) Letter GMT Consultants Inc. — Slope Stability Report (3/17/03) Letter — Environmental Health Services (6/9103) MDEQ Cert. — EQ#03-2650 (6/2/03) Flathead County Water and Sewer District #1 Evergreen (4/8/08) Email - Kalispell Parks and Recreation (9/21 /15) Kalispell Fire Department (5/8/08) USPS (8/15/14) Title Report— File # 62194; Guarantee # G-2222-000065211 (8/28/15) Tax Cert (2/23/16) 1 PUNNING FOR THE FUTURE P4 JW FINAL PLAT APPLICATION Project /Subdivision Name: Glacier Village Greens Phase 22C Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisliell.com/lilann„iing Contact Person: Owner & Mailing Address: Name:_ Go Development LLC, Attn: Mark Owens Same Address: 500 Palmer Drive Kalispell, MT 59937 Phone No.: (406) 250-2614 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 vear 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 lst, 2014. Final Plat was granted to Phase 22B on October 1st 2014 by the City Council. As a result, Phase 22C would not expire until October L 2016. Type of Subdivision: Residential X Industrial Commercial PUD Other Total Number of Lots in Subdivision 14 Lots Land in Project (acres) 1.653 acres Parkland (acres) N/A Cash -in -Lieu $N/A Exempt N/A No. of Lots by Type: Single Family Townhouse 14 Lots 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, R21W, P.M.M, Flathead County FILING FEE ATTACHED $ 2,550,00 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 (Qiginal) Title Report (Original, not more than 90 days d) Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) i�-- Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) C Maintenance Agreement Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. Owner(s) Signature z 2 2 -3 � �%( Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system Aa WMW ENGINEERING, PC Paul Wells, P. E, Principai 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) 862-7821 Please accept this letter as my certification that all work has been completed in substantial conformance with the approved plans and specifications. k�ygrtly�€4€5'JrrF2Og�r r G00 �C eoL� �_ o Oo cerely fl Cc: OWL Corporation Cit y of Kalispell Public Works Department Past Office Boy 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 Mi 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, 31 and 5 of City Resolution No. 4762. If you have any questions, please do not hesitate to contact this office, Sincerly, 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 City of Kalispell Public Works Department Post dffice Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 it April 25, 2003 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re, Glacier Viilage Greens, Phases, 14, 18, and 22 Kalispell, Montana Dear Dick, 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, Vra�kCastles Civil Engineer cc: Paul L. Wells, P.E. Eric H. Mulcahy From: Fred Bicha <fbicha@kalispell.com> Sent: Monday, September 21, 2015 9:14 AM To: eric@sandssurveying,com Subject: Glacier Village Greens Phase 22C Blvd Trees Hi Eric, After reviewing the trees for Glacier Village Greens Phase 22C I would recommend 1 tree for each lot for a total of 14 trees. Currently our price to have a tree installed in a boulevard is $400/each. Cash -in -lieu for this project would be $5,600.00. Thanks, Parks Superintendent Kalispell Parks and Recreation P.O. Box 1997 Kalispell, MT 59903 (406) 758-7716 Office (406) 758-7719 Fax http:IlwwwJzalispell.com/parks and recreation/ %Aj APe Pomp 8 Recrcodon Montana Department JLANVMONMENTAIL of N= Judy Martz, Governor P.O. 130?i 200901 . Helena, MT 59620-0901 • (406) 444-2544 . Website: www.deq.state.mt.us June 2, 2003 WMW Engineering PC Lee Griswold 50 West Second St Whitefish MT 59937 Dear Mr Griswold: RE: Flathead Village Greens Phases 14,18 & 22 Municipal Facilities Exclusion EQ#03-2650 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-124, MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed f76-4-111 (3), MCA). Construction of water or sewer extensions prior to approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. This file has been mailed to the Water Protection Bureau, Kalispell Office for their review. Sincerely, Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 —email jskaarland@state.mt.us cc: City Engineer, City of Kalispell County Sanitarian file Centralized Services Division • Enforcement Division • Permitting & Compliance Division - Pianning, Prevention & Assistance Division - Remediatinn Division Environmental Health Services 1035 First Avenue West Kalispell, MT 59901 (406) 751-8130 Fax: 751-8131 Monday, June 09, 2003 Lee J. Griswold WN1a Engineering 50 W. 2 nd. St. Whitefish, MT. 59937 Administration 751-8101 FAX 751-8102 Community Health Services 751-8110 FAX 751-8111 Reproductive Health Services 751-8150 FAX 751-8151 NfIC Services 751-8170 FAX 751-8171 Re: Glacier Village Greens, Phases 14, 18 & 22, Water & Sewer Main 13at,, Kalispell, Proj. # FH-03-07 Dear Lee, The plans with specification notes, certified checklist and required documents for the above referenced project have been reviewed by this office and are satisfactory. Approval to proceed with the project is hereby given. One set of the approved plans is enclosed. This project includes installation of water and sewer main extensions as shown on plans prepared by WMW Engineering and received by this office an 6/6/03. The plans were submitted under the sea] and stamp of Paul Wells, # 7378 E. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the department for review and approval. Prior to commencing use of any portion of a new public system, the owner or his engineer, shall certify by letter to the Department that the portion of the system to be put into L se was built in accordance with approved plans and speeifications. As -built drawings for the portion of the system put into use must be provided to the Department within 90 days after the date of initial use. Within 90 days af+,r the entire project has been completed, the project engineer shall certify to the Department that the project was Inspected and found to be installed in accordance with the plans and specifications approved by the Department, This certification shall be accompanied by a set of record as built drawings of the entire project, signed by the project engineer - It is further understood that construction will be completed within three years following the date of approval. if more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins or resumes. This three year expiration period does not extend any compliance schedule requirements associated with a Department enforcement action against a public water or sewage system. Please contact this office if you have any questions, sine wly' Richard T. Montgomery, P. Elivir numental Engineer copies to: Water Quality Division- Helena & Kalispell City of Kalispell, Dept. of Public Works Flathead County Water and Sewer District #1, Evergreen It is the mission of the Flathead City -County Wealth Department to assure the conditions in which people can be healthy through collaboration, promoting stewardship of our resources, and providing preventive health services to our community. 'Ilar 16 08 Op -jar, UMW Fngineering, PC 40C-062-7827 P. 1 { f 'c CO ti 136 Nicholson Drive • , r a Kalispell, hJl7 599D5 � thane: (406j 257-5661 • Fax: [406) 756-15E6 April $, 2008 WMW Engineering 50 W. Second St. Whitefish, MT 59937 Attention, Lee Dear Lee_ The ,water main eXten_Gi011 for Ph��p 22 of Gl-cier 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.. Sir,.cerely, Roberta Strucl District Manager, UNITED STATES 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 T a . , 312 First Avenue East Randy Brodehl - Fire Chief _ ` > ,` PO Box 1997 Dan Diehl -Assistant Chief/Operations " Kalispell, Montana 59901 DC Haas -Assistant ChieflPrevention _ � (406) 758-7760 Tim Soule -Training Chief y= - FAX: (406)759-7952 www.kalispell.com May 8, 2008 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: ❑ 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 Ruffatio Deputy Fire Marshal cc: Tom Jentz, Kalispell Planning Office Jeff Clawson, Building Official "Assisting our community in reducing, preventing, and mftigating emergencies. " GMCONSULTANTS, INC. GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS TESTING March 17, 2003 Mr. Lee Griswold WMW Engineering, PC 50 West Second Street Whitefish, Montana 59937 RE: Slope Stability Evaluation Proposed Glacier View Greens Phases 16 & 22 Kalispell, Montana Dear Mr. Griswold: P.O. Box 7847 Missoula, Montana 59807 TEL: (406) 721-2182 FAX: (406) 543-4220 Pursuant to your request, we have completed our slope stability analysis of the above referenced project site. The purpose of our analysis has been to determine the stability of the existing slopes adjacent to the Westerly side of Phase 16 and adjacent to the Northerly side of Phase 22. Our analysis -and recommendations are based on the topography on the Preliminary Plat of Glacier Village Greens, Phases I4-22, dated October 28, 2002 and on additional topography which we were supplied by Sands Surveying, Inc. in March 2003. The following is a summary of our investigation, conclusions, and recommendations. Investigation The project site is located in Section 32, T. 29N, R. 21 W., to the North and East of Kalispell, Montana. The subdivision lots are primarily located on a relatively flat area with a slight downward slope to the South. The topography data, which you supplied, indicates that the bluffs to the West of Phase 16 and to the North of Phase 22 rise to approximately 80 feet elevation above the elevation of the subdivisions lots. The existing slopes increase from a slope of approximately 10 feet horizontal per I foot vertical at the bottom of the bluffs to a maximum slope of 2 feet horizontal per I foot vertical near the top of the bluffs. We visited the site in January, 2003 to view the slopes and observe the soil types. The ground was mostly frozen, but we were able to determine that the primary soil type -was sandy silt. We looked for evidence of elevated levels of moisture, indicating possible water bearing soil lenses and did not identify any. Additionally, you supplied a number of photographs of the site taken in late fall, 2002 and the photographs did not show areas of obvious elevated moisture. Mr. Lee Griswold March 17, 2003 Page 2 of 2 Analysis The slopes along the two subject portions of the site are presently at a maximum of 2:1 slope and appear stable. No evidence of slope instability, slope raveling, or tension cracks was observed. We performed stability analysis of three slope cross -sections (x-sections 1, 2, & 3) using the computer program XSTABL. The critical slopes were analyzed utilizing CIRCULAR -ARC failure search routines for an assumed wet condition. A friction angle of 28 along with a cohesion value of 200 pounds per square foot (psf) was used for the native soils. The results of our analyses indicate critical factors of safety in excess of 1.5 for the slopes. The factor of safety represents the relationship of the forces resisting sliding divided by the forces causing sliding. Conclusions: We feel that the existing slopes adjacent to the lots on these portions of the development are in a stable condition and do not present a risk of slope failure. However, removing large amounts of the soil at the base of the slopes or increasing the grade of the slopes could decrease the stabilitZ, anTih&e' she possibility of slope fa'i"'rO5._` -" We recommend that only minimal amounts of soil be removed from the base of the slope for house construction. In lots 3, 4, and 5 of Phase 16, where the slopes extend out into the lots, we recommend that if possible the houses be designed to conform to the slope, rather than cutting the base of the toe out to create a generally flat lot. We also recommend that the surfed vegeta s be I imn _the- -p©ssir+'�'r We recommend that any grading plans for the lots provide for diverting any surface flow from the slopes away from the houses. Particular attention should be paid to any draws such as that above the lot line between lots 3 & 4. Under the right conditions these types of draws could carry significant runoff water. Please contact us if you have any questions regarding the above recommendations. We appreciate the opportunity to be of service to you. Respectfully submitted, William W. Weikel, PE Engineering Project Manager Attachments ONT "VEIKE; 731 ES '' ............ :j�.r``. GAVIN•hanks architectural studio full service • arditecirxe • planting • resx*nbaf • commercial January 12, 2006 Mario Owens 500 Palmer Drive Kalispell, MT 59901 Dear Mark, This letter is to provide design input and criteria for the single family detached custom home lots located on West Nickelaus Way, Village Greens Golf Course, Kalispell, Montana. These lots are located at the base of a hillside and have existing natural grade over portions of the lots. The geotechnical report on hillside stabilization recommended that the natural grade not be removed since the stability of the hillside above could be compromised. I have spoken to Bill Weikel of GMT Consultants here in Missoula that provided the original soils testing for the lots. The following are two options for construction / housing types that should be considered for construction on these lots; 1) The lots could be developed with a th-level design in which the back portion of the foundation and top of foundation wall would permit limited excavation of the toe of the hill. This type of design would step up the hill with the natural slope of the lot and afford the upper level to exit at or near natural grade without the use of significant retaining walls. The design could then also feature a modest slope on the driveway and have entry elements that would be at grade without many steps. These types of designs are typically common on uphill residential developments and are not overly custom designs. Some lots may require some landscape retaining walls beyond the back portion of the upper foundation elements. These landscape retaining walls should be at a distance of at least ten feet form the foundation and should not be greater than four feet in height at the highest portion of the wall and there should not be allowed more than one row of retaining walls to help with soil stabilization. The foundation elements and possible landscape retaining walls should have perforated footing drains at the base of the footings that would be continuous and daylight around the home foundation towards the downhill side. The foundation drain should have gravel backfill and fell soil barrier placed over the drain to allow positive space and relief from water pressure behind the wall during wet times of the year. The primary purpose of the drain is for an additional layer of safety. The soils are clay and organic in nature and may or may not allow water to flow easily through towards the drain and might act more like a sponge. 2) The lots could be designed with driveways that have slope in the range of 4% - 7% slope. This would allow the lots to be developed with home designs that feature single level living like much of the existing home designs of Village Greens. The difference in grade would be determined by the length of the driveway and the height of the toe of the hill behind the home. Some fill would then be placed in the front of the foundation and front yards to ease the transition from existing grade to new foundation elements. The fill should not be placed at slopes greater than 2:1. The footings of the foundation will still 315 South Fourth Street East • Missoula. MT 59801 Ph 406 543 1477 • Fax 406 543 1486 Member American Institute Of Architects need to extend at least a foot below existing grade and on be located on new till. Landscape retaining walls may be necessary similar to item no. 1 and should be installed as described in item no. 1. Please call if you have any question regarding these recommendations. Sincere , Vince Gavin, AIA Principal Architect Guarantee (CLTA Form) Rev. 6-6-92 GUARANTEE 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 STEWART TITLE GUARANTY COMPANY 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: ALjVxuixbd cowftm Main Office 211 South Main Street Kalispell, MT 59901 Agent ID: 260052 stewart title guaranty company Page 1 of Serial No. G-2222-000065211 Matt Morris President and CEO Denise G 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 maybe 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.: 62194 Serial No.: G-2222-000065211 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 lienholder, 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. S. 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 Gable 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 colledion. 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 parry. 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, aftached 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.O. Box 2029, Houston, Texas 77252-2029. File No.: 62194 Serial No.: G-2222-000065211 Page 3 MT Subdivision Guarantee 14 SUBDIVISION GUARANTEE SCHEDULE A File No.: 62194 Date of Guarantee: August 28, 2015 at 5:00 P.M. Liability: $1,000.00 A. Assured: Sands Surveying, Inc. B. Assurances: 1. Description of the land: SEE EXHIBIT "A" ATTACHED HERETO 2. Name of Proposed Subdivision Plat or Condominium Map: Glacier Village Greens, Phase XXII C Guarantee No.: G-2222-000065211 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: Go Development, L.L.C., a Montana Limited Liability Company File No.: 62194 MT Subdivision Guarantee STEWART TITLE Page 1 of 4 GUARANTY COMPANY MT Subdivision Guarantee 14 File No.: 62194 Guarantee Ho.: G-2222-000065211 SUBJECT TO: 1. Real estate taxes or special assessments for the year 2015, that are not yet due or payable. For informational purposes only, do not rely upon for a tax payment. Flathead County records indicate the taxes for the year 2014 are: FIRST HALF: $10,297.48 PAID SECOND HALF: $10,297.45 PAID TOTAL : $20,594.93 Assessor No.: 05-0977135 Tax Roll No.: 08458 3. Delinquent water and sewer charges of the City of Kalispell, if any. 4. Terms and provisions contained in Agreement for waterworks system, recorded July 14, 1906 as Document #3491, in Book 54, page 635, and agreement conveying said waterworks system, recorded March 6, 1915 as Document #697, in Book 112, page 332, records of Flathead County, Montana. 5. Notice of Appropriation of Water Right, recorded September 23, 1919 as Document #3353, in Book 129, page 170, records of Flathead County, Montana, 6. Notice of Appropriation of Water Right, recorded August 24, 1936 as Document #2621, in Book 221, page 297, records of Flathead County, Montana. 7. Easement for transmission line and related purposes granted to Northwestern Telephone Systems, Inc., by instrument recorded November 8, 1985 as Document #8531211540, 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 of Flathead County, Montana. 9, Village County Sewer District Levy of Assessment fled September 2, 1988 as Document 48824609380, records of Flathead 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, Montana. 11. Terms and provisions contained in Interlocal Agreement regarding Flathead County Water & Sewer District No. 1 - Evergreen, filed October 25, 1990 as Document #9029809200, records of Flathead County, Montana. 12. Terms and provisions contained in Interlocal Agreement regarding Sanitary Sewer for Evergreen Water and Sewer District, filed November 27, 1991 as Document #9133111370, 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. 14. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey No. 15027, but deleting any File No.: 62194 MT Subdivision Guarantee STEWAR7 TITLE Page 2 of 4 GUARANTY COMPANY MT Subdivision Guarantee 14 covenant, conditions or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 15. A 20 foot easement for the installation, operation, maintenance and repair of a public water pipeline granted in instrument recorded April 29, 2004 as Document #200412014340, records of Flathead County, Montana. 16. A permanent irrigation and access easement and right-of-way for ingress, egress, irrigation and utility purposes, granted in instrument recorded December 8, 2004 as Document #200434311540, records of Flathead County, Montana. Survey/Plat, when recorded, must be in compliance with the provisions of the Montana Subdivision and Platting Act, 1973, (Sections 76-3-101 M.C.A. through 76-3-614 M.C,A.) and the regulations adopted pursuant thereto. Easements, conditions and restrictions as disclosed or to be disclosed on proposed Survey/Plat to be recorded prior to or as part of this transaction. File No.: 62194 MT Subdivision Guarantee STEWART TITLE Page 3 of GUARANTY COMPANY MT Subdivision Guarantee 14 EXHIBIT "A" LEGAL DESCRIPTION A tract of land, situated, lying and being in the Southwest Quarter of the Northeast Quarter of Section 32, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana and more particularly described as Follows to wit: Beginning at the northwest corner of Lot 14A of the Plat of Glacier Village Greens, Phase XXIIA (records of Flathead County, Montana), which is a found iron pin on the easterly R/W of a 60 foot city street known as East Nicklaus Avenue, being the point of curvature of a 25.00 foot radius curve, concave southeasterly (radial bearing S86°50'09"E);Thence along said RM and northeasterly along said curve to the right through a central angle of 62°27'49", for an arc length of 27.25 feet to a found iron pin and the point of reverse curvature of a 50.00 foot radius reverse curve, concave southwesterly (radial bearing N24° 22'21 "W); Thence northeasterly, northwesterly and southwesterly along said curve to the left through a central angle of 205'35'37", for and arc length of 179.41 feet to a found iron pin; Thence N86°50'09"W 114.33 feet to a found iron pin and the point of curvature of 50.00 foot radius non -tangent curve, concave southeasterly (radial bearing S56°17'39"W);Thence Northwesterly, Southwesterly and Southeasterly along said curve to the left through a central angle of 185°57'49", for and arc length of 162.28 feet to a found iron pin and the point of reverse curvature of a 25.00 foot radius reverse curve, concave southwesterly (radial bearing S50°19'50"W);Thence southeasterly along said curve to the right through a central angle of 42°50'00", for an arc length of 18.69 feet to a found iron pin; Thence S03°09'51 "W 8.77 feet; Thence leaving said R/W N86°50'09"W 124.43 feet to a found iron pin; Thence N07023'16"W 54.80 feet to a set iron pin; Thence N19'37'36"E 88.86 feet to a set iron pin; Thence N47°40'08"E 86.26 feet to a set iron pin; Thence N78°36'19"E 75.94 feet to a set iron pin; Thence S67°27'42"E 48.04 feet to a set iron pin; Thence S86°50'09"E 114.33 feet to a set iron pin; Thence N78°32'22"E 50.89 feet to a set iron pin; Thence S73°12'05"E 65.75 feet to a set iron pin; Thence S43°22'50"E 85.12 feet to a set iron pin; Thence S13025'22"E 85.14 feet to a found iron pin; Thence S19°57'16"W 51.97 feet to a found iron pin; Thence S24°29'59"W 39.04 feet to a found iron pin; Thence N78008'34W 121.73 feet to the point of beginning. File No.: 62194 MT Subdivision Guarantee STEWART TITLE Page 4 of 4 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. 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 customer accounts, such as processing Yes Na 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 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 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 Na not related by common ownership or control. They can be financial We don't share 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. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES 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. Contact us: !f 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.: 62194 Page 1 Revised 11-19-2013 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 (" NIA "), 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. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often doldoes 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 I 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.: 62194 Page 1 of T THIS MAP IS FURNISHED FOR INFORMATION PURPOSES ONLY TO ASSIST IN PROPERTY LOCATION WIIHR£FERENCE TO STREETS AND OTHER PARCELS. NO REPRESENTATION IS MADE AS TO ACCURACY AND STERLING Ti ELE SERVICES ASSUMES NO VASIL ITY FOR ANY LOSS OCCURRING BY REASON Of RELIANCE THEREON. 32-29-21 Not To Scale THIS MAP I$ FURNISHED FOR INFORMATION PURPOSES ONLY TO ASSIST IN PROPERTY LOCATION WITH REFERENCE TO STREETS AND OTHER PARCELS. NO REPRESENTATION IS MADE AS TO ACCURACY AND STERLING TITLE SERVICES ASSUME$ NO LM51LITYFOR ANY LOSS OCCURRING BY REASON OF RELIANCE THEREON. G�l]VFrs aF sr:rorc Ar. }19- K, NE -MA G1'AVf L PIT lELi66-1AA .ollri 2l = IF" 11: ia9.Gl2=1AC Qmla=ARLAL OF WVER,N SWINE. 1114- IRRR SDD113L= 3AAA 531n1D= 3Rni. 53i5DA=3AOA.:A00.A '•Aa6A 114164= 3000. 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Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: SANDS FOR : GO DEVELOPMENT DATE: 8/25f15 DESCP : GLACIER VILLAGE GREENS PH PURPOSE: SUB XXII C (32-29-21) YEARS 2012 THRU 2014 ASSESSOR # 0977135 23 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, fa the years indicated for each assessor number. Dept' Treasurer (seal) F�ary�