I3. Spring Prairie Dev Four Final PlatPLANNING FOR THE FUTURE
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
MONT"A
Doug Russell, City Manager�)'(?
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
Final Plat Request for Spring Prairie Development Four Subdivision —
Phase 2
June 6, 2016
BACKGROUND: TKG Spring Prairie Development Four, LLC, submitted a request for final plat
approval of the Spring Prairie Development Four Subdivision — Phase 2, a 13-lot commercial
subdivision. The 25.9 acre site is located at 250 Old Reserve Drive, which is at the southwest corner
of Old Reserve Drive and U.S. Highway 93. The property is generally located in the E2 of the SE4 of
Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana.
The subdivision is the second phase of a commercial development that was preliminary platted by
City Council with Resolution 5714 on April 20, 2015, with 29 conditions. All 29 conditions of the
preliminary plat have been adequately met or otherwise adequately addressed.
The developer has submitted a subdivision improvement agreement (SIA). The SIA included with
the final plat application will cover the engineer's estimate of costs to construct the remaining public
infra -structure for Spring Prairie Development Four -- Phase 2. The cost to complete these items is
$329,609.00. The bond submitted with the final plat application addresses 125 % of the estimated
cost of remaining improvements.
RECOMMENDATION: It is recommended that the City Council approve the final plat for Spring
Prairie Development Four Subdivision — Phase 2 and accept the Subdivision Improvement
Agreement.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance with conditions letter and associated attachments.
c: Aimee Brunckhorst, Kalispell City Clerk
PLANNING FOR THE FUTURE
June 1, 2016
Doug Russell, City Manager
City of Kalispell
201 1"Avenue East
Kalispell, MT 59901
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.katispefl.com/planning
Re: Final Plat Request for Spring Prairie Development Four Subdivision — Phase 2
Dear Doug:
TKG Spring Prairie Development Four, LLC, submitted a request for final plat approval of the Spring
Prairie Development Four Subdivision — Phase 2, a 13-lot commercial subdivision. The 25.9 acre site
is located at 250 Old Reserve Drive, which is located in the southwest corner of Old Reserve Drive and
U.S. Highway 93. The property is generally located in the E2 of the SE4 of Section 36, Township 29
North, Range 22 West, P.M.M., Flathead County, Montana. The subdivision is the second phase of a
commercial development that was preliminary platted by City Council by Resolution 5714, on April
20, 2015.
All of the conditions have been met or adequately addressed. The following report summarizes the
applicant's compliance with the conditions of approval contained within Resolution No. 5714. In
addition, a Subdivision Improvement Agreement in the amount of $329,609.00 is included for City
Council action.
COMPLIANCE WITH CONDITIONS OF APPROVAL
General Conditions:
1. That the development of the site will be in substantial conformance with the preliminary
plat documents entitled Spring Prairie 4 and associated submittal drawings which shall
govern location of the lots, easements, roadways, signage, landscaping, materials and
pedestrian access facilities. Those documents are listed below:
• Site plan
• Conceptual elevations
• Lot layout
• Site utility layout
• Phasing plan
• Grading plan
• Grading profiles
• Landscape plan
• Materials list
• Sign Exhibit
Staff Response: This condition has been met. The site is in substantial conformance with
the preliminary plat documents and associated submittal drawings.
2. The preliminary plat approval for the development shall be valid for a period of three years
from the date of approval.
Staff Response: This condition has been met. Resolution 5714 approving the preliminary
plat for Spring Prairie Development Four was approved on April 20, 2015, and is still valid.
3. All the permitted uses listed under the B-2 (General Business) Zone are permitted except
for the sales of auto, boats, motorcycles, etc. In addition, all of the uses which may be
permitted by conditional use permit are prohibited.
Staff Response: This condition has been met or adequately addressed. As new tenants
come in for building permits they will be reviewed for compliance with the B-2 Zone.
4. The landscape berm on the west end of the property located behind the anchor lots inust be
installed as shown on the grading and landscaped plan. The intent of the landscape berm is
to create a baseline height to shield the loading docks behind the anchor stores. The berm
will need to be landscaped in accordance Parks and Recreation's requirements by using
conifers and deciduous trees planted at an intensity to create a visual barrier from the
commercial development.
Staff Response: This condition has been met or adequately addressed. The berm is shown
on the grading plan and the developer has entered into a Subdivision Improvement
Agreement with the City of Kalispell that can be used by the city as collateral to assure the
landscaping is installed, in accordance with Parks and Recreation requirements.
5. The recreational area on the south end of the property leading from the development into
Kidsports shall include a 10 feet wide paved path, picnic areas and grading acceptable to
Kidsports. This area shall be landscaped in accordance with the submitted landscape plan.
These areas must be implemented to the satisfaction of Parks and Recreation Department
and Kidsports.
Staff Response: This condition has been met or adequately addressed. The developer has
entered into a Subdivision Improvement Agreement with the City of Kalispell that can be
used by the city as collateral to assure the recreation area and landscaping is completed, in
accordance with Parks and Recreation requirements.
6. The retention pond on the south end of the property shall be designed in a way that it
becomes a visual interest to the development. Chain link fencing surrounding the retention
pond as the dominant fixture is prohibited. The developer shall work closely with the Parks
Department and Public Works to come up with a design that is both visually appealing and
meets the required safety guidelines. It is intended that when the project is developed the
pond will act as an entrance feature, rather than a private maintenance utility facility.
Staff Response: This condition has been met or adequately addressed. The design of the
pond has been approved. The developer has entered into a Subdivision Improvement
Agreement with the City of Kalispell that can be used by the city as collateral to assure the
remaining landscaping is completed in accordance with Parks and Recreation requirements.
7. When looking towards the development from Kidsports, landscaping should be of the
intensity to create a visual barrier.
Staff Response: This condition has been met or adequately addressed. The developer has
entered into a Subdivision Improvement Agreement with the City of Kalispell that can be
used by the city as collateral to assure the landscaping is completed in accordance with
Parks and Recreation requirements.
8. Total allowed signage for the development shall be calculated as a shopping center. Within
that allowed area, signage for the development may include up to two freestanding signs.
One sign Type 2 on Reserve Loop and one sign Type 3 on US Highway 93 as shown in the
sign exhibit. All other provisions related to signage under the Kalispell Zoning Ordinance
shall apply.
Staff Response: This condition has been met or adequately addressed. A sign permit will
be required as each out lot develops.
9. Architectural design shall be provided as listed below:
a. Exterior wall colors should harmonize with the site and surrounding buildings, The
predominate tone on building faces should lend toward warm earthy hues, whether in
the natural patina or weathered color of the wall surface itself or the color of the paint
stain or other coating. The color of concrete products on building frontages should not
be achieved from painting the surface. The use of materials such as wood, brick or stone
for trim material is encouraged.
Staff Response: This condition has been met or adequately addressed. The Kalispell
Architectural Review Committee will review and approve all buildings prior to permit
issuance.
b. Four sided architecture is required for all structures and buildings. Large, rectangular
masses should be avoided by incorporating offsets in the wall and roof. A change in the
plane of the walls, changing the direction or providing some variety in the roof form
gives diversity and visual interest. Facades greater than 120 feet in length shall have
variation and interest in the wall. Among other things, major landscaping, significant
tree planting, use of color or building materials or architectural treatments will be in
order.
Staff Response: This condition has been met or adequately addressed. The Kalispell
Architectural Review Committee will review and approve all buildings prior to permit
issuance.
c. The building should place an emphasis on entry. Entries should be a prominent
component of the building face by providing an architectural covered or recessed entry
with modified roof accent and increased usage of windows and trim.
Staff Response: This condition has been met or adequately addressed. The Kalispell
Architectural Review Committee will review and approve all buildings prior to permit
issuance.
d. Franchise architecture may be subject to modification to achieve the building style
objectives.
Staff Response: This condition has been met or adequately addressed. The Kalispell
Architectural Review Committee will review and approve all buildings prior to permit
issuance.
e. Architectural elements of the front of the building shall be incorporated into the back of
the buildings when the back of the building is visually accessible to US Highway 93,
Reserve Loop and Kidsports. Walls and surface planes should be broken up in such a
manner as to create a visual interest, avoiding monotony.
Staff Response: This condition has been met or adequately addressed. The Kalispell
Architectural Review Committee will review and approve all buildings prior to permit
issuance.
f. All roof mounted equipment, i.e. HVAC, should be shielded from all views.
Staff Response: This condition has been met or adequately addressed. The Kalispell
Architectural Review Committee will review building plans to make sure that the
screening of roof mounted equipment is adequate.
10. Pedestrian access shall be provided as listed below:
a. A minimum 10 feet wide pedestrian bike trail shall be constructed along the entire US
Highway 93 frontage. The bike path shall be integrally designed into the landscape plan
required between the curb line of US Highway 93 and the 20 feet required landscape
buffer. The pathway shall be as linear as possible and shall not have any bollards
obstructing movement. When a bus stop is installed within the public right-of-way a
connectivity trail is required connecting the bus stop to the bike pathway.
Staff Response: This condition has been met or adequately addressed. The developer
has entered into a Subdivision Improvement Agreement with the City of Kalispell that
can be used by the city as collateral to assure the bike path is completed in accordance
with Parks and Recreation requirements.
b. All the required sidewalks shall have a 7 feet landscaped boulevard of sod, street trees
and a 6 feet sidewalk. The landscaped boulevard shall be fronting the internal streets to
buffer pedestrians from the traffic. The exception to this condition is the sidewalk
fronting the anchor stores, which does not require the 7 feet landscaped boulevard.
Staff Response: This condition has been met or adequately addressed. The landscaped
boulevard and sidewalks required within the development will be installed during
construction of the out lots and are tied to certificate of occupancy.
c. Prior to Certificate of Occupancy; the tenants in lots D, E, F, G, H and I shall be
responsible for putting in landscape boulevards and sidewalks along the western
portions of their lots; out lots A, B, C, E, G and I shall install the landscape boulevards
and sidewalks along the south end of their lots and out lots J and B shall install
landscape boulevards and sidewalk along the east end of the lots. It is intended that
upon full development the out lots will have pedestrian access with boulevards along all
three sides of the out lot clusters between the main ingress and egress points.
Staff Response: This condition has been met or adequately addressed. The landscaped
boulevard and sidewalks required within the development will be installed during
construction of the out lots and are tied to certificate of occupancy.
d. Prior to certificate of occupancy, any out lot with a building on it shall have a minimum
6 feet wide sidewalk connecting it to the bike paths along either Reserve Loop to the
north or US Highway 93 to the east.
Staff Response: This condition has been met or adequately addressed. The connections
to the bike path will be installed during construction of the out lots and are tied to
certificate of occupancy.
e. Two east -west sidewalk corridors are required through the main parking lot generally as
shown on the submitted site plan. Or modified as necessary to achieve better pedestrian
flow by site review committee. These sidewalks also need to have a minimum 7 feet
landscape boulevard of sod and street trees between the sidewalk and parking access
road.
Staff Response: This condition has been met or adequately addressed. The sidewalks
will be reviewed by the Site Review Committee and installed accordingly.
f. All sidewalks located within parking lots shall have a raised concrete surface for
separation from traffic and parking. Where sidewalks cross traffic lanes, the sidewalk
may be at grade but shall be constructed of colored or textures concrete, stone or other
contrasting material to visually denote a pedestrian way. Painting the walk area is not
adequate.
Staff Response: This condition has been met or adequately addressed. The sidewalks
will be reviewed by the Site Review Committee and installed accordingly.
g. In the event a tenant wants to place architectural/visual features within the sidewalk
entrances there must be additional space provided. The required sidewalk area should
not be blocked by anything that can limit pedestrian movement.
Staff Response: This condition has been met. As each out lot and anchor lot develops
architectural and visual features will be reviewed for pedestrian movement and
accessibility.
h. A pedestrian pathway is required to be placed on the south end of the subject property
connecting the commercial development to Kidsports. The pathway directions should
generally be north to south and connect the parking facilities of the commercial
development to an existing improved pedestrian access way in Kidsports.
Staff Response: This condition has been met or adequately addressed. The developer
has entered into a Subdivision Improvement Agreement with the City of Kalispell that
can be used by the city as collateral to assure the pathway is completed in accordance
with Parks and Recreation requirements.
i. The pathway from Kidsports as it enters into the development should be redesigned to
create a safe and inviting atmosphere. As opposed to the current design where it is
situated between the truck turnaround and retention pond.
Staff Response: This condition has been met. The pathway has been redesigned and the
construction of the path will have to comply with the approved site plan.
j. Public utilities within the right of way should be landscaped to shield them from view.
Staff Response: This condition has been met or adequately addressed. The public
utility screening will be reviewed at the building permit stage of each out lot and tied to
the certificate of occupancy for each building.
11. Transportation and parking:
a. General access to the commercial district from Reserve Loop to the north and US
Highway 93 to the east shall be limited to 5 approaches as approved by MDT.
Staff Response: This condition has been met. MDT has issued an approval of the
approaches for the development.
b. All uses shall have direct access from the internal road system. No direct access to a
particular building shall be permitted from Old Reserve Drive or US Highway 93.
Staff Response: This condition has been met. MDT has issued an approval of the
approaches for the development.
c. All roadway improvements shall be built in accordance with City of Kalispell road
design standards.
Staff Response: This condition has been met. Public Works has issued a letter
approving the construction drawings on September 29, 2015. The letter is attached
hereto for reference.
d. Roadway design shall include provisions for landscape boulevards and sidewalks (Refer
to condition No.9).
Staff Response: This condition has been met. Public Works has issued a letter
approving the construction drawings on September 29, 2015. The letter is attached
hereto for reference.
12. Development of an overall landscape plan addressing public and private street boulevards,
street trees; perimeter project landscaping, parking lot landscaping and all common area
landscaping shall be submitted to the City Parks Director for approval in writing prior to
installation. The landscape improvements in the public right-of-way shall be installed or
bonded for at time of final plat. The landscape improvements serving individual buildings
or tenants shall be addressed at the time of building permit issuance. In particular the
landscape plan shall address:
a. All landscape buffers, boulevards, tree planters, landscape islands, tree wells, etc. and
common areas with live landscape materials shall be provided with adequate irrigation.
Staff Response: This condition has been met. Parks and Recreation has issued a letter
approving the landscape plans on June 1, 2016. The letter is attached hereto for
reference. The developer has also entered into a Subdivision Improvement Agreement
with the City of Kalispell that can be used by the city as collateral to assure the
landscaping is completed in accordance with Parks and Recreation requirements.
b. The developer or future leases shall be responsible to insure the live landscaping is
maintained in "live" condition.
Staff Response: This condition has been met. The developer has entered into a
Developers Agreement with the city which assures that landscaping is maintained in
"live" condition.
c. An irrigated corridor of at least 20 feet in width shall parallel the road right-of-way of
US Highway 93 including undulating topography and have a mix of tree plantings with
a ground cover of predominately sod.
Staff Response: This condition has been met. Parks and Recreation has issued a letter
approving the landscape plans on June 1, 2016. The letter is attached hereto for
reference. The developer has entered into a Subdivision Improvement Agreement with
the City of Kalispell that can be used by the city as collateral to assure the landscaping
is completed in accordance with Parks and Recreation requirements.
d. All landscape islands within parking lots shall incorporate predominately living
materials including trees. In parking lot islands, shade trees shall be placed in such
intensity and location as to form a canopy where they cover or line sidewalks and
wherever they are used, a visual break from the open asphalt parking areas surrounding
it.
Staff Response: This condition has been met. Parks and Recreation has issued a letter
approving the landscape plans on June, 1, 2016.
e. Landscape boulevards should be planted with street trees every 40 feet.
Staff Response: This condition has been met. Parks and Recreation has issued a letter
approving the landscape plans on June, 1, 2016.
f. The use of any form of bark, mulch, rock, etc. shall not be used as a primary method of
landscaping. These materials may be used to augment live landscape features upon
approval by the Parks Director. If rock is to be used it must be 1 inch or less fractured.
1-4 inch diameter river rock is prohibited.
Staff Response: This condition has been met. Parks and Recreation has issued a letter
approving the landscape plans on June, 1, 2016.
g. In high traffic areas, an urban design approach to islands (concrete with trees in grates
or patterned/colored concrete type designs) is required.
Staff Response: This condition has been met. Parks and Recreation has issued a letter
approving the landscape plans on June, 1, 2016.
Prior to the issuance of a building pen -nit:
13. A development agreement shall be drafted by the Kalispell City Attorney between the City
of Kalispell and the developer outlining and formalizing the terms, conditions and
provisions of approval. The final plan as approved, together with the conditions and
restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the
site that shall be completed and signed by the city and owner prior to the issuance of a
building permit.
Staff Response: This condition has been met. A development agreement was accepted by
the Kalispell City Council on September 8, 2015.
14. A proposed site plan for Spring Prairie Phase 4 PUD is required to be submitted to the
Kalispell Site Review Committee for review and approval prior to issuance of a building
permit for any structural development. Approval of this PUD does not convey or grant any
specific authorization or project pre -approvals relative to the duties of the Site Review
committee.
Staff Response: This condition has been met. The site plan for the development has been
submitted to Site Review Committee and has to be approved prior to building permit
issuance of any structures.
15. Any proposed structure for Spring Prairie Phase 4 PUD is required to be submitted to the
Kalispell Architectural Review Committee prior to issuance of a building permit. Approval
of this PUD does not convey or grant any specific authorization or project pre -approvals
relative to the duties of the Architectural Review committee.
Staff Response: This condition has been met. The Kalispell Architectural Review
Committee will review and approve all buildings prior to permit issuance.
16. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and
Montana Public Works Standards. All design work shall be reviewed and approved in
writing by the Kalispell Public Works Department prior to construction. This infrastructure
shall include but not be limited to streets, street lighting, street signage, curb, gutter,
boulevard and sidewalks.
Staff Response: This condition has been met. Public Works has issued a letter approving
the construction drawings on September 29, 2015. The letter is attached hereto for
reference.
17. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and Montana Public Works
Standards. The water and sewer main extension plans shall be reviewed and approved by
the Kalispell Public Works Department. Prior to final plat, a certification shall be
submitted to the Public Works Department stating that the water and sewer mains have
been built and tested as designed and approved.
Staff Response: This condition has been met. Public Works has issued a letter approving
the construction drawings on September 29, 2015. The letter is attached hereto for
reference. In addition, the Montana Department of Environmental Quality issued a letter
exempting the subdivision. Their exemption letter dated September 29, 2015 is also
attached hereto for reference. The developer has also entered into a subdivision
improvement agreement with the City of Kalispell that can be used by the city as collateral
to assure all infrastructure (water and sewer main extensions in this case) required, is
installed to city standards for design and construction.
18. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements
of the current City standards for design and construction. Prior to final plat, a certification
shall be submitted to the Public Works Department stating that the drainage plan for the
subdivision has been installed as designed and approved.
Staff Response: This condition has been met. Public Works has issued a letter approving
the construction drawings on September 29, 2015. The letter is attached hereto for
reference. In addition, the developer has entered into a subdivision improvement agreement
with the City of Kalispell that can be used by the city as collateral to assure all
infrastructure (drainage in this case) required, is installed to city standards for design and
construction.
19. A storm water management plan shall be submitted for approval. The plan should highlight
how the retention pond will generally be maintained in relation to vegetation, liter, etc.
Staff Response: This condition has been met. Public Works has issued a letter approving
the construction drawings on September 29, 2015. The letter is attached hereto for
reference. In addition, the developer has entered into a subdivision improvement agreement
with the City of Kalispell that can be used by the city as collateral to assure all
infrastructure (storm water management in this case) required, is installed to city standards
for design and construction.
20. Prior to final plat a letter from the Kalispell Public Works Department shall be submitted
stating that all new infra -structure has been accepted by the City of Kalispell or a proper
bond has been accepted for unfinished work.
Staff Response: This condition has been met. The developer has entered into a subdivision
improvement agreement with the City of Kalispell that can be used by the city as collateral
to assure all infrastructure required, is installed to city standards for design and
construction. The subdivision improvement agreement, which encompasses a detailed cost
of infrastructure improvements for Spring Prairie Development Four - Phase 2, is attached
hereto for reference.
21. The traffic impact study for the project site shall be reviewed and approved by the Public
Works Department and where appropriate, the Montana Department of Transportation in
order to determine the appropriate mitigation as the project develops.
Staff Response: This condition has been met. Public Works has issued a letter approving
the construction drawings on September 29, 2015. The letter is attached hereto for
reference. In addition, the Montana Department of Transportation has reviewed the project
and issued an approval. MDT's email is attached hereto for reference.
22. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for approaches onto Reserve Loop and US Highway 93. If any
improvements are necessary at the intersection of the roadways, these improvements shall
be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this
in writing to the city.
Staff Response: This condition has been met. Montana Department of Transportation has
reviewed the project and issued an approval. MDT's email is attached hereto for reference.
23. Prior to final plat all mitigation required as part of the approved traffic impact study shall be
completed. All improvements shall be reviewed and approved by either the Public Works
Department or Montana Department of Transportation. A letter from the Kalispell Public
Works Department or Montana Department of Transportation shall be submitted stating
that all new infra -structure has been accepted by the City of Kalispell or State of Montana.
If infra -structure work has not been accepted, a letter stating that a proper bond has been
accepted for the unfinished work by the appropriate agency is required.
Staff Response: This condition has been met. Public Works has issued a letter approving
the construction drawings on September 29, 2015. The letter is attached hereto for
reference. The subdivision improvement agreement, which encompasses a detailed cost of
infrastructure improvements for Spring Prairie Development Four - Phase 2, is attached
hereto for reference. In addition, the Montana Department of Transportation has reviewed
the project and issued an approval. MDT's email is attached hereto for reference.
24. The fire access and suppression system shall comply with the Uniform Fire Code and a
letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to 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. The Fire Department issued a letter
indicating the access, hydrant layout and flow rates acceptable on May 24, 2016. The letter
is attached hereto for reference.
25. A letter shall be obtained from the Parks and Recreation Director approving a landscape
plan for the placement of trees and landscaping materials within the landscape boulevards
of the streets serving the subdivision. The approved landscape plan shall be implemented
or a cash -in -lieu payment for installation of the street trees and groundcover provided to the
Kalispell Parks and Recreation Department.
Staff Response: This condition has been met. Parks and Recreation has issued a letter
approving the landscape plans on June, 1, 2016. The letter is attached hereto for reference.
The developer has entered into a Subdivision Improvement Agreement with the City of
Kalispell that can be used by the city as collateral to assure the landscaping is completed in
accordance with Parks and Recreation requirements.
26. All easements and/or right-of-ways shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final
plat.
Staff Response: This condition has been met. Public Works issued a letter on September
29, 2015, acknowledging that the proper easements for utilities are shown on the final plat
for Spring Prairie Development Four — Phase 2.
27. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to
the public, the right to the joint use of an easement for the construction, maintenance, repair,
and removal of their lines and other facilities, in, over, under, and across each area designated
on this plat as "Utility Easement" to have and to hold forever."
Department of Natural Resources and Conservation
(Kalispell Subdivision Regulations, Section 3.21(H))
Staff Response: This condition has been met. The statement and signature block are noted
on the final plat.
28. That a minimum of two-thirds of the necessary public infra -structure for this subdivision
shall be completed prior to final plat submittal and that both the water and sewer systems
serving this phase are operational.
Staff Response: This condition has been met. The public infrastructure serving Phase 2
largely exists. An engineer's cost estimate has been prepared for all remaining
infrastructure and is attached hereto. Bonding for any remaining infrastructure has been
provided for through the Subdivision Improvements Agreement.
29. All utilities shall be placed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
Staff Response: This condition has been met. All the utilities required for Phase 2 will be
place underground in locations approved by the Kalispell Public Works Department, in
accordance with the Kalispell Standards for Design and Construction.
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 April 20, 2015.
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 B-
2/PUD 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. It is recommended that the Kalispell City Council approve the final plat for
Spring Prairie Development Four — Phase 2. Please schedule this matter for the regular city council
meeting on June 6, 2015.
Attachments: 1 copy of final plat
Final Plat Application
Applicant responses and final plat application dated 5/20/2016
- Subdivision Improvement Agreement
- Bond
Engineer's cost estimate dated May 17, 2016
Title Report #563846-FT dated 4/26/2016
- Montana Department of Environmental Quality approval letter dated 9/30/2015
Flathead County Treasurer certification dated 5/13/2016.
Letter from Kalispell Public Works Department (engineering and utility easement
review approval) dated September 29, 2015
- Letter from Kalispell Parks and Recreation Department dated June 1, 2016
- Letter from Kalispell Fire Department dated 5/24/2016
- MDT approval email dated 5/19/2016
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: Karen Blumenstein
1015 Spring Ranch Drive
Golden, CO 80401
OWNER: STATE OF MONTH DEPARTMENT OF NATURAL
RESOURCES AND CONSERVATION
FOR: TKG SPRING PRAIRIE DEVELOPMENT FOUR, LLC
BY: THOMAS, DEAN AND HOSKINS, INC.
450 CORPORATE DRIVE - SUITE #101
KALISPELL, MT. 59901
PHONE: (ADS) 751-5246
DATE: APRIL. 2016
FIRE STATION No, 62
SUBDIVISION
PLAT OF
SPRING PRAIRIE DEVELOPMENT FOUR SUBDIVISION - PHASE II
LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
CERTIFICATE OF DEDICATION
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ROAD MONTANA. MORE PARTICUTARLY�DESCRIBED AS FOLLOWS:9x R. 22w.), PRINCIPAL IIMOMnun, -CAD CDUNM,
O L D RESERVE DRIVE COMMENCING AT THE NORTHWEST CORNER OF TRACT A OF THE PLAT OF SPRING PRAIRIE DEVELOPMENT FOUR SUBONISION -
THENCE Rv'w ;7.71 FEET; TIEWe s;;roaro]t)B,R BED:
b3.et iaa.Tx ,sa.Ds ,95w+ FEETR THENCENSOO12'01V 100e.10 FEET; THENCE S—WISe'EWC+1AS FEET; THENCE SOO11'GIV 2BGSB FEET; THENCE
Le $ ¢ THE FOLLOWING SIX (6) COURSES ALONG THE SOUTHERLY BOUNDARY OF DAID TRACT; THENCE NBYSe'21'W BOA] FEET;
- J THENCE SIW0-27V 00.0 FEET; THENCE N89'+9'S1'VI 2 .04 FEET; THENCE N001o'+8'E 232.29 FEET; THENCE
OUTLOTA R OUTLOTB a OUTLOT C W (.a 1S N4+'36'S6V 25].OB FEEL: THENCE N6oWOED'3Y 361.66 FEET: THENCE THE FOLLOWING THREE (3) COURSES ALONG THE
e 1.325AC. "P' & 0.626AC. 0.665AC. R WESTERLY BOUNDARY OF SAID TRACT; THENCE N0001'+]YI 831.87 FEET; THENCE N89'S8'06'W 66.08 FEET; THENCE
? a NOOIYDIT: 300.oD FEET TO THE TRUE FONT OF BEGINNING, CONTAINING 25.93(1 ACRES.
UUTLOT J n g$ O O O 4" OUTLOT D
SPRING PRAIRIE DEVELOPMENT 1.294 AC. macAme 1mc1 m lent a 1e IM n one xr sumww�en -
W S R O tlmignetetl em krov m Sphng Pro elepmrot Fe
FOUR SUBDIVISION - PH. I e Pntne II.
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S C A L E
BASIS OF BEARINGS:
THE NORTH BOUNDARY OF FUTURE PHASE TRACT A.
SPRING PRAIRIE DEVELOPMENT FOUR SUBDNISION -
PHASE I. (SISB59.06-E)
N-00'00'YI 163.66'
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UTILITY EASEMENT
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'eciftea, in, ter, x tler, a ecrom tech a neigne.it n th4 pie e ea 'Lnility Eeaement' 10 hme mtl 10 hed
BY: A.le E. T.bba
TITLE: Dinele. lenne. Dee,leenl et NMxrel Ri, nee ere Cenaerxeen
Stole D1
County of _________________) ss.
On this _____________ eby of ------------------- 20__ before
me, the and ;gnetl, D Notery for the Stole et ------- ------- pewnelly
oppeoret _ _____________ __________ ___________ __ ______
known to me tD be the person(.) whose nome(s) is(ore) .Ub.erib.M tD this inrrumenl,
end ecknowletlgetl to me lh.t they eee.-d the some.
My commission e.pi -- ____________________
--------------------------------
___-------------------------------
NWory Public for the Store of ____--________
Residing et
CERTIFICATE OF CITY ATTORNEY
This Plel he n eenine by thi, ef— el - City At ernmey m Oming t0 Secten ]B-3-612(i), MCA. rc ing open
gg
ropeel 1 N __________, a ee„e xetl ma n nlenn—ii vubeithe W the a t.ii, em%Or hia
ea ee the y t.— Kelia n. Ment
DDtetl:-------- -------------- By: --------------- -------
CERTIFICATE OF MAYOR
C K "peel reoyr ee nM M ram eeminee tnia euewrviaien pet e tl mirage t
on 1 a pelt as minSee tiered to auto me, the tyc=plen�n-eeeic�n t—__—e-----ne21)- m n nne.n
Aimee Brunckheral, Clerk of Council Mork Johnson, MOyor
SPRING PRAIRIE DEVELOPMENT
FOUR SUBDIVISION - PHASE II
AREA SUMMARY
LOTS 7.008 AC.
OUT LOTS 8.550 AC.
RETENTION AREA 3.190 AC.
COMMON AREA 7.182 AC.
TOTAL 25.930 AC.
LEGEND
w
FIND. 5/8` REBAR
'SULLIVAN 9095LS%
W/CAP
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STREET ADDRESS-
U.S. HIGHWAY 93 NORTH
LINE LABEL
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CERTIFICATE OF SURVEYOR
REGISTRATION NO. 9525 LS
APPROVED ,20—
EXAMINING LAND SURVEYOR REG. ND.
STATE OF MONTANA SS
COUNTY OF FLATHEAD
FILED ON THE —DAY OF ,2D—
TIME:
CLERK AND RECORDER
BY:
DEPUTY
RECEPTION NO
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4
PLANNING FOR THE FU1URE
N;011i114VA;
1
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
N"vNv. kalispell. co m/plannin14
FINAL PLAT APPLICATION
Project /Subdivision Name: In, VV-
Contact Person:
Namee;-4E i J
elO Lza.
Address: iD S 12�hc-4- Pbl
C,v car..„., C`a IR-a 4td 1
Phone No.: 103 5"7 0 40 �7 (91
Owner & Mailing Address:
Trcc-) ;?i,q;/r-C Dz, yelo ".C_J
46
Date of Preliminary Plat Approval: &�blr` I Zr , 2-
Type of Subdivision: Residential Industrial Commercial PUD X Other
Total Number of Lots in Subdivision t 3 & Lo t _T ^ f 4c,.,e I— P �4-)
Land in Project (acres) R 5 • K 30
Parkland (acres)
No. of Lots by Type:
Single Family
Duplex
Commercial
Condominium
Cash -in -Lieu $.
Townhouse _
Apartment
Industrial
Multi -Family
Exempt
Mobile Home Park
Recreational Vehicle Park
Planned Unit Development 13
Other
Legal Description of the Property Sz- A •14g d,er.{
FILING FEE ATTACHED $ a L4 J- UO
Minor Subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
K
$400 + $125/lot
$800 + $125/lot
$800 + $125/lot
$50
1
Attached Not Applicable (MUST CHECK ONE)
X Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
C Tax Certification (Property taxes must be paid)
M`tIARZ, Consent(s) to Plat (Originals and notarized) s-M1 Al jeers
�c Subdivision Improvements Agreement (Attach collateral)
4 Parkland Cash -in -Lieu (Check attached)
X M aintenance Agreement l6 Pto%?Iae4 OvtC4 I 0-if ev ve4-'6j7 4t
1 full size copy 1 Electronic 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.
RD P-7
rtw, rl-�k+w�` Q 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
2
Exhibit "A"
Real property in the County of Flathead, State of Montana, described as follows:
OUTLOT 3 AND FUTURE PHASE -TRACT A AS SHOWN ON THE PLAT OF SPRING PRAIRIE
DEVELOPMENT FOUR SUBDIVISION - PHASE I, FILED OCTOBER 6, 2015, AS DOC. NO. 2015-
000-23563, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE
OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA.
STONE
May 20, 2016
City of Kalispell
Planning Department
201 1" Ave East
Kalispell, MT 59001
Attm Mr. larod Nygren
1015 Spring Ranch Drive
Golden, CO 80401
karen@kblumenstein.com
Re: Final Plat Application Spring Prairie Development Four
Dear Mr. Nygren:
The City of Kalispell Final Plat Application request that the applicant attach a letter which lists each
condition of the preliminary plat approval and states how each condition has specifically been met.
With respect to that obligation please review the below.
Kind Regards,
C�
Karen Blumenstein
CONDITIONS OF APPROVAL
PUD Conditions
General Conditions:
1. That the development of the site will be in substantial conformance with the
preliminary plat documents entitled Spring Prairie 4 and associated submittal
drawings which shall govern location of the lots, easements, roadways, signage,
landscaping, materials and pedestrian access facilities. Those documents are
listed below:
• Site plan
1 1 P a g e
• Conceptual elevations
• Lot layout
• Site utility layout
• Phasing plan
• Grading plan
• Grading profiles
• Landscape plan
• Materials list
• Sign Exhibit
Submitted drawings are in substantial compliance.
2. The preliminary plat approval for the development shall be valid for a period of
three years from the date of approval.
3. All the permitted uses listed under the B--2 (General Business) Zone are permitted
except for the sales of auto, boats motorcycles, etc. In addition, all of the uses
which may be permitted by Conditional Use Permit are prohibited.
4. Incidental casino use is permitted provided it is limited to 5% of the gross floor
space of a fully bonifide, freestanding restaurant facility. The casino floor plan
must be visually separate from the primary use of the building as a restaurant.
Exterior signage for the accessory casino is not permitted. The number and
location of entrances shall be approved by site plan committee.
5. The landscape berm on the west end of the property located behind the anchor
lots must be installed as shown on the grading and landscaped plan. The intent
of the landscape berm is to create a baseline height to shield the loading docks
behind the anchor stores. The berm will need to be landscaped in accordance
Parks and Recreation's re uirements by using conifers and deciduous trees
planted at an intensily to create a visual barrier from the commercial
development.
Applicant has bonded for completion of this item
6. The recreational area on the south end of the property leading from the
development into Kidsports shall include a 10 feet wide paved path picnic areas
and grading acceptable to Kid s orts . This area shall be landscaped in
accordance with the submitted landscape plan. These areas must be
implemented to the satisfaction of Parks and Recreation Department and
Kidsports.
Applicant has bonded for completion of this item
7. The retention pond on the south end of the property shall be designed in a wa
that it becomes a visual interest to the development. Chain link fencing
surrounding the retention pond as the dominant fixture is prohibited. The
developer shall work closely with the Parks Department and Public Works to
come up with a design that is both visually appealing and meets the required
safety guidelines. It is intended that when the project is developed the and will
act as an entrance feature rather than a private maintenance utility facilit .
2 1 P a g e
Applicant has bonded for completion of this item
S. When looking towards the development from Kidsports, landscaping should be of
the intensity to create a visual barrier.
9. Total allowed signage for the development shall be calculated as a shopping
center. Within that allowed area, signage for the development may include up to
two freestanding signs. One sign Type 2 on Reserve Loop and one sign Type 3 on
US Highway 93 as shown in the sign exhibit. All other provisions related to
signage under the Kalispell Zoning Ordinance shall apply.
Sign plan will be submitted as outlots develop.
10. Architectural design shall be provided as listed below:
a. Exterior wall colors should harmonize with the site and
surrounding buildings, The predominate tone on building faces
should lend toward warm earthy hues, whether in the natural
patina or weathered color of the wall surface itself or the color of the
paint stain or other coating. The color of concrete products on
building frontages should not be achieved from painting the
surface. The use of materials such as wood, brick or stone for trim
material is encouraged.
b. Four sided architecture is required for all structures and
buildings. Large, rectangular masses should be avoided by
incorporating offsets in the wall and roof. A change in the plane of
the walls, changing the direction or providing some variety in the
roof form gives diversity and visual interest. Facades greater than
120 feet in length shall have variation and interest in the wall.
Among other things, major landscaping, significant tree planting,
use of color or building materials or architectural treatments will be
in order.
C. The building should place an emphasis on entry. Entries
should be a prominent component of the building face by providing
an architectural covered or recessed entry with modified roof accent
and increased usage of windows and trim.
d. Franchise architecture may be subject to modification to
achieve the building style objectives.
C. Architectural elements of the front of the building shall be
incorporated into the back of the buildings when the back of the
building is visually accessible to US Highway 93, Reserve Loop and
Kidsports. Walls and surface planes should be broken up in such a
manner as to create a visual interest, avoiding monotony.
f. All roof mounted equipment, i.e. HVAC, should be shielded
_ 3 1 P a g e
from all views.
To be reviewed by architectural committee prior to building permit issuance.
11. Pedestrian access shall be provided as listed below:
a. A minimum 10 feet wide pedestrian bike trail shall be
constructed along the entire US Highway 93 frontage. The bike path
shall be integrally designed into the landscape plan required
between the curb line of US Highway 93 and the 20 feet required
landscape buffer. The pathway shall be as linear as possible and
shall not have any bollards obstructing movement. When a bus stop
is installed within the public right-of-way a connectivity trail is
required connecting the bus stop to the bike pathway.
Applicant has bonded for completion of this item
b. All the required sidewalks shall have a 7 feet landscaped
boulevard of sod, street trees and a 6 feet sidewalk. The landscaped
boulevard shall be fronting the internal streets to buffer pedestrians
from the traffic. The exception to this condition is the sidewalk
fronting the anchor stores, which does not require the 7 feet
landscaped boulevard.
C. Prior to Certificate of Occupancy; the tenants in lots D, E, F,
G, H and I shall be responsible for putting in landscape boulevards
and sidewalks along the western portions of their lots; outlots A, B,
C, E, G and I shall install the landscape boulevards and sidewalks
along the south end of their lots and outlots J and B shall install
landscape boulevards and sidewalk along the east end of the lots.
It is intended that upon full development the outlots will have
pedestrian, access with boulevards along all three sides of the outlot
clusters between the main ingress and egress points.
d. Prior to Certificate of Occupancy, any outlot with a building
on it shall have a minimum 6 feet wide sidewalk connecting it to the
bike paths along either Reserve Loop to the north or US Highway
93 to the east.
e. Two east -west sidewalk corridors are required through the
main parking lot generally as shown on the submitted site plan. Or
modified as necessary to achieve better pedestrian flow by site
review committee. These sidewalks also need to have a minimum 7
feet landscape boulevard of sod and street trees between the
sidewalk and parking access road.
f. All sidewalks located within parking lots shall have a raised
concrete surface for separation from traffic and parking. Where
sidewalks cross traffic lanes, the sidewalk may be at grade but shall
4 1 P a g e
be constructed of colored or textures concrete, stone or other
contrasting material to visually denote a pedestrian way. Painting
the walk area is not adequate.
g. In the event a tenant wants to place architectural/visual
features within the sidewalk entrances there must be additional
space provided. The required sidewalk area should not be blocked
by anything that can limit pedestrian movement.
h. A pedestrian pathway is required to be placed on the south
end of the subject property connecting the commercial development
to Kidsports. The pathway directions should generally be north to
south and connect the parking facilities of the commercial
development to an existing improved pedestrian access way in
Kidpports.
i. The pathway from Kidsports as it enters into the
development should be redesigned to create a safe and inviting
atmosphere. As opposed to the current design where it is situated
between the truck turnaround and retention pond.
j. Public utilities within the right of way should be landscaped
to shield them from view.
12. Transportation and parking:
a. General access to the commercial district from Reserve Loop
to the north and US Highway 93 to the east shall be limited to 5
approaches as approved by MDT.
b. All uses shall have direct access from the internal road
system. No direct access to a particular building shall be permitted
from Reserve Loop or US Highway 93.
C. All roadway improvements shall be built in accordance with
City of Kalispell road design standards.
d. Roadway design shall include provisions for landscape
boulevards and sidewalks (Refer to condition No.9).
13. Development of an overall landscape plan addressing public and private street
boulevards, street trees; perimeter project landscaping, parking lot landscaping
and all common area landscaping shall be submitted to the City Parks Director
for approval in writing prior to installation. The landscape improvements in the
public right-of-way shall be installed or bonded for at time of final plat. The
landscape improvements serving individual buildings or tenants shall be
addressed at the time of building permit issuance. In particular the landscape
plan shall address:
5 1 P a g e
a. All landscape buffers, boulevards, tree planters, landscape
islands, tree wells, etc. and common areas with live landscape
materials shall be provided with adequate irrigation.
b. The developer or future leases shall be responsible to insure
the live landscaping is maintained in "live" condition.
C. An irrigated corridor of at least 20 feet in width shall parallel
the road right-of-way of US Highway 93 including undulating
topography and have a mix of tree plantings with a ground cover of
predominately sod.
d. All landscape islands within parking lots shall incorporate
predominately living materials including trees. In parking lot
islands, shade trees shall be placed in such intensity and location
as to form a canopy where they cover or line sidewalks and wherever
they are used, a visual break from the open asphalt parking areas
surrounding it.
C. Landscape boulevards should be planted with street trees
every 40 feet.
f. The use of any form of bark, mulch, rock, etc. shall not be
used as a primary method of landscaping. These materials may be
used to augment live landscape features upon approval by the
Parks Director. If rock is to be used it must be 1 inch or less
fractured. 1-4 inch diameter river rock is prohibited.
g. In high traffic areas, an urban design approach to islands
(concrete with trees in grates or patterned/colored concrete type
designs) is required.
6Page
Prior to the issuance of a building permit:
14. A development agreement shall be drafted by the Kalispell City Attorney
between the City of Kalispell and the developer outlining and formalizing the
terms, conditions and provisions of approval. The final plan as approved,
together with the conditions and restrictions imposed, shall constitute the
Planned Unit Development (PUD) zoning for the site that shall be completed and
signed by the city and owner prior to the issuance of a building permit. Done
15. A proosed site plan for Spring Prairie Phase 4 PUD is required to be
submitted to the Kalispell Site Review Committee for review and_ approval prior
to issuance of a building permit for any structural development. Approval of this
PUD does not convey or gKant any specific authorization or project pre -approvals
relative to the duties of the Site Review committee. Dome
16. Any proposed structure for Spring Prairie Phase 4 PUD is required to be
submitted to the Kalispell Architectural Review Committee prior to issuance of a
building permit. Approval of this PUD does not convey or grant any specific
authorization or project pre -approvals relative to the duties of the Architectural
Review committee.
Applicant acknowledges this continuing requirement
17. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards. All design work shall be
reviewed and approved in writing by the Kalispell Public Works Department prior
to construction. This infrastructure shall include but not be limited to streets,
street lighting, street signage, curb, gutter, boulevard and sidewalks.
18. Water and sewer main extensions shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction
and Montana Public Works Standards. The water and sewer main extension
plans shall be reviewed and approved by the Kalispell Public Works Department.
Prior to final plat a certification shall be submitted to the Public Works
Department stating that the water and sewer mains have been built and tested
as designed and approved. Applicant has bonded for completion of this item
19. The developer shall submit to the Kalispell Public Works Department for
review and approval a stormwater report and an engineered drainage plan that
meets the requirements of the current City standards for design and
construction. Prior to final plat, a certification shall be submitted to the Public
Works Department stating that the drainage plan for the subdivision has been
installed as designed and approved. Applicant has bonded for completion of this
item
-- -- - - ---- 7 1 P a g e
20. A_stormwater management plan shall be submitted for approval The plan
should highlight how the retention pond will generally be maintained in relation
to vegetation, liter, etc. Done and approved
21. Prior to final plat a letter from the Kalispell Public Works Department shall be
submitted stating that all new infrastructure has been accepted by the City of
Kalispell or a proper bond has been accepted for unfinished work. Applicant has
bonded for completion of this item
22. The traffic impact study for the project site shall be reviewed and approved by
the Public Works Department and where appropriate, the Montana Department
of Transportation in order to determine the appropriate mitigation as the project
develops. Done and no mitigation required
23. The developer shall obtain an approach permit from the Montana
Department of Transportation (MDT) for approaches onto Reserve Loop and US
Highway 93. If any improvements are necessary at the intersection of the
roadways, these improvements shall be completed to the satisfaction of the MDT
prior to final plat and MDT shall so certify this in writing to the city. MDT timing
is not driven by final plat - the timing agreed upon is to have intersection running
when first anchor opens - a letter noting MDT agreement with our construction
timing has been provided.
24. Prior to final plat all mitigation required as part of the approved traffic
impact study shall be completed. All improvements shall be reviewed and
approved by either the Public Works Department or Montana Department of
Transportation. A letter from the Kalispell Public Works Department or
Montana Department of Transportation shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or State of Montana. if
infrastructure work has not been accepted, a letter stating that a proper bond
has been accepted for the unfinished work by the appropriate agency is
required. MDT timing is not driven by final plat — a letter noting MDT
agreement '"Tith our construction tinning has been provided.
25.The fire access and suppression system shall comply with the Uniform Fire Code
and a letter from the Kalispell Fire Department approving the access, placement
of the fire hydrants and fire flows within the subdivision shall be submitted prior
to final plat. The fire access and suppression system shall be installed and
approved by the Fire Department prior to final plat approval
Applicant has bonded for completion of this item
26.A letter shall be obtained from the Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the
landscape boulevards of the streets serving the subdivision. The approved
landscape plan shall be implemented or a cash in lieu payment for installation of
the street trees and groundcover provided to the Kalispell Parks and Recreation
Department. Open item
8lPage
27.A11 easements and/or right-of-ways shall be indicated on the face of the final plat.
Utility easements for City water and sewer shall be provided to allow for the logical
e,, tension of utilities from this subdivision to adjoining properties. A letter from the
Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat. To be submitted
28.The following statement shall appear on the final plat: "The undersigned hereby
grants unto each and every person, firm or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric power, gas, cable
television, water or sewer service to the public, the right to the joint use of an
easement for the construction, maintenance, repair, and removal of their lines and
other facilities, in, over, under, and across each area designated on this plat as
"Utility Easement" to have and to hold forever."
Department of Natural Resources and Conservation
(Kalispell Subdivision Regulations, Section 3.21(H))
29. That a minimum of two-thirds of the necessary public infrastructure for this
subdivision shall be completed prior to final plat submittal and that both the water
and sewer systems serving this phase be operational. 2/3 of the improvements are
complete and the Applicant has bonded for completion of the remaining 1/3 of
improvements.
30. All utilities shall be placed underground and in locations that are approved by
the Kalispell Public Works Department in accordance with the Kalispell Standards
for Design and Construction. Done
9 1 P a g e
Return to:
Aimce Bruncldrorst
Kalispell City Clerk
201 1" Avenue East
Kalispell, MT 59901
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 6th day of June , 20 16 , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Pail and
hereinafter referred to as the CITY, and
TKG Spring Prairie Development Four, L.L,C. (Name of
Developer)
a Missouri Limited Liability Company
(Individual, Company or Corporation)
located at 211 N, Stadium Blvd., Columbia, MO 65203 ,
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Spring Prairie Development Four Subdivision (Name of
Subdivision)
located at 2250 Highway 93 North
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
Spring Prairie Development Four Subdivisoin , upon the conditions as set forth (Name
of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as
cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the
completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
security of 125% of the estimated total cost of construction of said improvements as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit B'; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ 263,697.00
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral
as determined by the City Council, in the amount of $ 329,609.00 . Said Letter of
Credit or other collateral shall have an expiration date of at least sixty (60) days following the
date set for completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $
completing the required improvements in
(Name of Subdivision)
329,609.00 the estimated cost of
b. That if the Developer fails to complete the specified improvements within the required period,
the creditor will pay to the City immediately, and without further action, such funds as are
necessary to finance the completion of those improvements up to the limited of credit stated in the
letter;
2. That said required improvements shall be fully completed by December 31 ] 20 16
3. That upon completion of the required improvements, the Developer shall cause to be filed with the
City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City for
their construction and that the Developer warrants said improvements against any and al] defects
for a period of two (2) years from the date of acceptance of the completion of those improvements
by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered professional
engineer before the Developer shall be released from the Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral
sufficient to insure such compliance. If the City determines that the Developer will not construct any or all
of the improvements in accordance with the specifications, or within the required time limits, it may
withdraw the collateral and employ such funds as may be necessary to construct the improvement or
improvements in accordance with the specifications. The unused portions of the collateral shall be returned
to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
TKG Spring Prairie Development Four, L.L.C.
(Name of Subdivision/Developer/Firm)
by
(Name) Karen Blumenstein (Title) an Authorized Agent
STATE OF MONTANA
COUNTY OF
On this day of , 20 , before me, a Notary Public for the State
of Montana, personally appeared , known to me to be the
Of whose Mine is subscribed to
the foregoing instrwnent and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year
first above written.
Notary Public for the State of Montana
Printed Name
Residing at
My Commission Expires
MAYOR, CITY OF KALISPELL
MAYOR
ATTEST:
CITY CLERK
SUBDIVISION Travelers Casualty and Surety Company of America
PERFORMANCE Hartford, CT 06183
BOND
(Annual Premium until Released
by Obligee)
Bond NO.: 106411045
KNOW ALL PERSONS BY THESE PRESENTS, That we, TKG Spring Prairie Development Four, L.L.C. ,
called the Principal, and Travelers Casualty and Surety Company of America a Connecticut corporation,
called the Surety, are held and firmly bound unto City of Kalispell called
the Obligee, In the sum Of Three Hundred Twenty -Nine Thousand Sixty -Eight and 75/100
( S329.068.75 ) for the payment thereof said Principal and Surety bind themselves, jointly and
severally, as provided herein.
WHEREAS, in order to file a plat or subdivision map, or to obtain a permit, the Principal has entered
into a contract with the Obligee which requires the Principal make certain improvements to the land as
more particularly set forth in Spring Prairie Phase IV - Site Improvements Contract dated 9/1/15
(hereinafter referred to as the "Contract").
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall construct the
improvements described in the Contract on or before 12/31/16 (or within such further
extensions of time that shall be granted by Obligee in writing and consented to in writing by Surety),
then this obligation shall be void, otherwise to remain in full force and effect. This obligation is subject
to the following conditions:
1. This bond runs to the benefit of the named Obligee only, and no other person shall have any
rights under this bond. No claim shall be allowed against this bond after the expiration of one year
from the date set forth in the preceding paragraph, or one year from the end of the latest extension of
time consented to in writing by Surety, whichever occurs last. If the limitation set forth in this bond is
void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
2. This bond is not a forfeiture obligation, and in no event shall the Surety's liability exceed the
reasonable cost of completing the improvements described in the Contract not completed by the
Principal, or the sum of this bond, whichever is less.
Signed this 24th day of May , 2016
TKG Spring Prairie Development Four, L.L.C.
(Principal)
t
Travelers Casualty and Surety Company of A-�rica"
By:
Stephen J. Alabach orney-in-Fact
ibUAD I.W. IV0411V4D
WARNING: THIS POWER OF ATTORNEY IS INVALID
layok POWER OF ATTORNEY
TRAVELERSjFarmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc, Travelers Casualty and Surety Company of America
St. Paul fire and Marine Insurance Company United States Fidelity and Guaranty Company
SL Paul Guardian Insurance Company
Attorney -In fact No. 229106 Certificate No.
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Gregory L. Stanley, Theresa A. Hunziker, Michael T. Reedy, Gary L. Riek, Linda McCarthy, Gerald M. Rogers, Harold F. James, Joel Karsten, Karen
Speckhals, Cindy Rohr, and Stephen J. Alabach
of the City of Saint Louis , State of Missouri , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
day of May 2015
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
27th
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
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State of Connecticut
City of Hartford ss.
By: '
Robert L. Raney, 9enior Vice President
On this the 27th day of May 2015 , before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
q 'ram
In Witness Whereof, I hereunto set my hand and official seal. TARa
My Commission expires the 30th day of June, 2016. Lod Marie C. Tetreault, Notary Public
Ca
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58440-8-12 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
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W
INK E EPRI CONTRACTORS
PO. 5OX 10007
750 WEST RE5r=RVE RD.
V_AL15PELL, MT. 59104 -3007
406/75Z-5411 - FAk 7156 -8765
May 17, 2016
Karen Blumenstein
Flower & Stone, Ltd.
1015 Spring Ranch Drive
Golden, CO 80401
RE: Spring Prairie Phase IV — Site Improvements
Ms. Blumenstein,
Per the construction documents dated 7/6/15 including four addendums and our contract
of 9/l/15, the following is a list of items and associated values for public infrastructure
work that will be remaining after June 1, 2016.
1) Kidsports Grading and Landscape
a. Grading = 33,530
b, Trees and Seeding = 22,000
2) City Park
a. Strip and Cut/Fill ti 22,280
b- Survey = 950
c. Irrigation Tie-in = 2,525
d. Path = 12,859
e. Bollards = 650
f. Picnic Pads = 18,025
g. StiLictures = 5 1,8 10
h. Structure Concrete = 3,500
i. Picnic Tables, Benches, Trash Cans = 12,104
j. Topsoil and Seed 5067
k. Concrete Edging = 761
I. Landscaping and Irrigation = 26,450
3) Storm Water Inlet 7b = $7,576
4) Concrete Collars for Sanitary Manholes = $4,300
5) Concrete Collars for Water Valves = $5,800
6) Fire Hydrant Adjustments = $1,500
7) Reserve Loop Landscaping & Sidewalk Repairs = $32,000
Total Cost = $263,687
Bond Amount 125% = $329,609
Please feel free to contact nne with any questions or if you need any additional
information.
M
4
Grant Kerley
Swank Enterprises
OWAN
l ` p►LCHEGK f �
N0. 14 2PE jLJJ 1
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t
This commitment was prepared for you by:
re''r
INSURED TITLES
44 4th Street West/P.O. Box 188, Kalispell, MT 59901
Phone(406)755-5028 - Fax(406)755-3299
Escrow Officer: -
Title Officer: Andrea Reum - areum@insuredtitles.com
To: Commerce Bank
8000 Forsyth Blvd
St Louis, MO 63105
Attention: Ronald Koenig
Your Reference:
Order No.: 563846-FT
Re: Property Address: 2250 Highway 93 N & 250 Old Reserve Dr, Kalispell, MT 59901
ENCLOSED please find the following:
• Title Commitment
Should you have any questions or need further assistance, please contact the undersigned. We
appreciate the opportunity to serve you.
Sincerely,
Andrea Reum
enc.
File No.: 563846-FT
Commitment for Title Insurance
* * ALTA PLAIN LANGUAGE COMMITMENT
AGREEMENT TO ISSUE POLICY
We agree to issue a policy to you according to the terms of the Commitment. When we show the policy amount and your name as
the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six (6) months after the Commitment Date, our
obligation under this Commitment will end. Also, our obligation under this Commitment will end when the policy is issued and
then our obligation to you will be under the policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-I.
The Exceptions in Schedule B-II.
The Conditions.
This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give
constructive notice of matters affecting your title according to the state statutes where your land is located.
2. LATER DEFECTS
The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the
first time in the Public Records or are created or attach between the Commitment Date and the date on which all of the
Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B
to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according
to Paragraph 4 below unless you knew of this information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we
have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your
actual loss caused by your relying on this Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B - Section I or Eliminate with our written consent any Exceptions shown in
Schedule B - Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to
the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be
based on this Commitment and is subject to its terms.
Issued through the Office of: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
to 4 P:k c:i ,&:qy
Insured Titles AGIi' S�"8'1? a+Y, d9 S?iufi'. 14�! 1 „3}i3. �iifl YF,7iG7 S k t'
44 4th Street West/P.O. Box 188, Kalispell, MT 59901 "',�1.77(—O r
ir�� }}asidcnt
Authorized Signature
ORT Form 4311
ALTA Plain Language Title Insurance Commitment 06/06
Commitment for Title Insurance
ALTA PLAIN LANGUAGE COMMITMENT
INFORMATION
The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a
Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the
option of either the Company or you as the exclusive remedy of the parties. You may review a copy of the arbitration rules at
<http:l/www, al to .orgl>.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the
Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.
If you have any questions about the Commitment, contact Insured Titles (406)755-5028
TABLE OF CONTENTS
INFORMATION
Front Page
AGREEMENT TO ISSUE POLICY
Back Page
CONDITIONS
Back Page
SCHEDULE A
Insert
1. Commitment Date
2. Policies to be Issued, Amounts and Proposed Insureds
3. Interest in the Land and Owner
4. Description of the Land
SCHEDULE B
Insert
SCHEDULE B - I REQUIREMENTS
Insert
SCHEDULE B - II EXCEPTIONS
Insert
ORT Form 4311
ALTA Plain Language Title Insurance Commitment 06/06
ORT Form 4311B
ALTA Plain Language Commitment for Title Insurance 6/06
FILE NO.: 563846-FT
SIXTH COMMITMENT
SCHEDULE A
Commitment Date: April 26, 2016 at 7:30 A.M.
Policy or Policies to be issued:
Policy Amount Premium Amount
Owner's Policy
Extended Leasehold Owner's Policy (6/17/06) ORT Form $28,314,497.31 $39,789.25
4309
(Premium amount reflects $19,894.62 - Subdivider's
credit)
Proposed Insured:
TKG Spring Prairie Development Four, L.L.C., a Missouri limited liability company
Endorsements: 13-06, 9.1-06, 18-06, 25-06, 26-06, 35.3-06, 41.3-06 $ 725.00
Loan Policy
Extended Leasehold Loan Policy (06/17/06) ORT Form $27,612,280.00 $40.00
4310
(Premium amount reflects $no available credit)
Proposed Insured:
Commerce Bank, its successors and/or assigns as their interests may appear as
defined in the Conditions of this policy.
Endorsements: 13.1-06, 9-06, 9.6-06, 6-06, 8.2-06, 14-06, 17-06, 3- $10,592.95
06, 18-06, 19-06, 25-06, 26-06, ORT37, ORT4209
3. A Leasehold Estate in the land described in this Commitment is owned, at the Commitment
Date, by:
TKG Spring Prairie Development Four, L.L.C., a Missouri limited liability company, as
to a Leasehold estate created by that certain Victory Commons Commercial Ground
Lease dated October 7, 2014, between the State of Montana by and through the State
Board of Land Commissioners, in trust for Common Public Schools, acting by and
through the State of Montana Department of Natural Resources, as Lessor, and TKG
Spring Prairie Development Four, L.L.C., a Missouri limited liability company, as
Lessee, as evidenced by Memorandum of Victory Commons Commercial Ground Lease
dated September 15, 2015, and recorded on September 22, 2015, as Doc. No. 2015-
000-22146 AND re -recorded on September 24, 2015, as Doc. No. 2015-000-22467, in
the records of the Clerk and Recorder of Flathead County, Montana.
4. The land referred to in this Commitment is described as follows:
The land referred to herein is described in the Legal Description attached hereto as
Exhibit A.
Commonly known as: 2250 Highway 93 N & 250 Old Reserve Dr, Kalispell, MT 59901
Exhibit "A"
Real property in the County of Flathead, State of Montana, described as follows:
OUTLOT ] AND FUTURE PHASE -TRACT A AS SHOWN ON THE PLAT OF SPRING PRAIRIE
DEVELOPMENT FOUR SUBDIVISION - PHASE I, FILED OCTOBER 6, 2015, AS DOC. NO. 2015-
000-23563, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE
OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA.
ORT Form 4311E
ALTA Plain Language Commitment for Title Insurance 6/06
FILE NO.: 563846-FT
SCHEDULE BI AND BII
SCHEDULE B-SECTION I
REQUIREMENTS
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
(b) Pay us the premiums, fees and charges for the policy.
(c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured
must be signed, delivered and recorded.
(d) You must tell us in writing the name of anyone not referred to in this Commitment who will get
an interest in the land or who will make a loan on the land. We may then make additional
requirements or exceptions.
(e) Release(s) or Reconveyance(s) of items(s) .
(f) If any document in the completion of this transaction is to be executed by an attorney -in -fact,
the Power of Attorney must be submitted for review prior to closing.
(g) You must give us the following information:
1. Any off record leases, surveys, etc.
2. Statement(s) of identity, all parties.
3. Other.
ORT Form 4311H
ALTA Plain Language Commitment for Title Insurance 6/06
FILE NO.: 563846-FT
SCHEDULE B -SECTION II
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company.
PART I,
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.
Any facts, rights, interests, or claims which are not shown by the public records but which could
be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title
including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that
would be disclosed by an accurate and complete land survey of the land, and that are not shown
in the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted
under (a), (b), or (c) are shown by the public records.
6. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter
furnished, imposed by law and not shown by the public records, subject to the
following:
a. Exception #6 (above) is deleted as to any liens or future liens resulting from work
or material furnished at the request of any one other than TKG Spring Prairie
Development Four, L.L.C.'s predecessors in interest,
b. Exception #6 (above) remains in full force, and Old Republic National Title
Insurance Company shall have no liability for any liens arising from work or material
furnished at the request of TKG Spring Prairie Development Four, L.L.C. OR Show Me
Kalispell, LLC.
7. Any right, title or interest in any minerals, mineral rights or related matters, including but not
limited to oil, gas, coal and other hydrocarbons, sand, gravel or other common variety materials,
whether or not shown by the public records.
8. County road rights -of -way not recorded and indexed as a conveyance of record in the office of
the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any
right of the Public and the County of Flathead to use and occupy those certain roads and trails as
depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead
County.
2015 taxes and special assessments are a lien; amounts are determined and payable. The first
one-half becomes delinquent after November 30th of the current year, the second one-half
becomes delinquent after May 31st of the following year.
General taxes as set forth below. Any amounts not paid when due will accrue penalties and
interest in addition to the amount stated herein:
Year 1st Half 2nd Half Parcel Number Affects
2015 $1249.00 PAID $1248.99 PAID E000476 A portion of premises
2015 $155.81 $155.81 UNPAID E000289 A portion of premises
DELINQUENT and other property
NEW ASSESSOR NOS. for 2016: 0014870 (Tract A) / 0014871 (Outlot J)
10. Intentionally deleted on October 22, 2015.
11. Resolution by the State Highway Commission of the State of Montana for Designation of Limited
Access Highway recorded December 6, 1989, as Doc. No. 89-340-09150, records of Flathead
County, Montana.
12. Easement for access, including the right to install underground pipes and other equipment that
may be needed to transport water, granted to the City of Kalispell, recorded February 6, 2009, as
Doc. No. 2009-000-02994 and Doc. No. 2009-000-02995.
Corrective Deed recorded December 1, 2014, as Doc. No. 2014-000-24231.
13. The following matters, and any rights, easements, interests or claims which may exist by reason
thereof, disclosed by an ALTA/ACSM survey made by TD&H Engineering on May, 2016,
designated Job No. K14-024 015.
a. Chain Link Fence
b. Fire Hydrant
c. Electrical Boxes
d. Water and Gas Valve
e. Buried Utility Delineator
f. Buried Gas
g. Sprinkler Heads
h. Cable TV Riser
14. Ordinance No. 1756 by the City Council of the City of Kalispell to Amend the Zoning of premises
TO City B-2 (General Business) with PUD overlay filed August 26, 2015, as Doc. No. 2015-000-
19784.
15. Declaration of Easements, Covenants and Restrictions (Spring Prairie Commons) recorded
September 8, 2015 as Doc. No. 2015-000-20981, but omitting any covenant, condition or
restriction based on race, color, religion, sex, handicap, familial status, or national origin to the
extent that such covenants, conditions or restrictions violate 42 USC 3604(c).
16. Any loss or damage by reason of the failure to comply with the terms, conditions, burdens and
obligations contained in the Ground Lease, as evidenced by Memorandum of Victory Commons
Commercial Ground Lease:
Recorded: September 22, 2015
Instrument No.: 2015-000-22146 AND re -recorded September 24, 2015, as Instrument No. 2015-
000-22467
Lessor: State of Montana by and through the State Board of Land Commissioners, in trust for
Common Public Schools, acting by and through the State of Montana Department of Natural
Resources
Lessee: TKG Spring Prairie Development Four, L.L.C., a Missouri limited liability company.
17. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the recorded plat of Spring Prairie Development
Four Subdivision - Phase I, recorded October 6, 2015 , as Doc. No. 2015-000-23563, but deleting
any covenant, condition or restriction indicating a preference, limitation or discrimination based
on race, color, religion, sex, handicap, familial status, or national origin to the extent such
covenants, conditions or restrictions violate 42 USC 3604(c).
Surveyor's Affidavit in connection to above plat, fled by Richard J. Swan on December 21, 2015,
as Doc. No. 2015-000-29046.
18. Provisions contained on Page 2 of that Certificate Letter dated October 1, 2015, executed by the
State of Montana, Department of Health and Environmental Services and filed with the plat of
Spring Prairie Development Four Subdivision - Phase I on October 6, 2015 under Doc. No. 2015-
000-23563.
19. Subdivision Improvement Agreement upon the terms, conditions and provisions contained
therein:
Parties: City Council, City of Kalispell, Montana
Recorded: October 9, 2015, as Doc. No. 2015-000-23757
20. Notice of the Right to Claim a Lien filed by Matheus Lumber Co., Inc. on October 16, 2015, as
Doc. No. 2015-000-24279. (Affects: Outlot J)
21. Memorandum of Ground Lease upon the terms, conditions and covenants contained therein:
Recorded: October 30, 2015 , as Doc. No, 2015-000-25511
Lessor: TKG Spring Prairie Development Four, LLC, a Missouri limited liability company
Lessee: Show Me Kalispell, LLC, a Montana limited liability company.
(Affects: Outlot J)
22. Notice of the Right to Claim a Lien filed by Keller Supply Company on November 19, 2015, as
Doc. No. 2015-000-26938. (Affects: Outlot J)
23. Unrecorded lease executed by TKG Spring Prairie Development Four, L.L.C., a Missouri limited
liability company, Lessor, and Mattress Firm, Inc., a Delaware corporation, Lessee, upon the
terms, conditions and provisions contained therein, constructive notice of which is given
by Ground Lessor Non -Disturbance and Attornment Agreement dated November 20, 2015 and
Recorded on April 1, 2016, as Doc. No. 2016-000-06194 and also recorded on April 6, 2016, as
Doc. No. 2016-000-06420.
NOTE: The foregoing numbered exceptions (1-4, 5(a) & (b) and 8) will be eliminated
from BOTH the Owner's and Lender's Policies.
INFORMATIONAL NOTES
A. In addition to standard County recording fees, an electronic filing fee of $5.00 per
document may be charged.
B. Other than as shown in Schedule B; we find no Judgment Liens, State Tax Liens, Federal Tax
Liens or Child Support Liens of record which attach to the name(s) or interest of the vested
owner and/or proposed insured owner/borrower.
t-
OLD REPUBLIC NATIONAL TITLE INSURANCE AGENCY
PRIVACY POLICY NOTICE
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its
affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the
institution provides you with a notice of its privacy policies and practices, such as the type of information that
it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance
with the GLBA, we are providing you with this document, which notifies you of the privacy policies and
practices of Old Republic National Title Insurance Company.
We may collect nonpublic information about you from the following sources:
Information we received from you such as on applications or other forms.
Information about your transactions we secure from our files, or from others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real estate agent or
lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We also may disclose this information about our customers or former customers to the following types of
nonaffiliated companies that perform services on our behalf or with whom we have joint market agreements:
Financial services providers such as companies engaged in banking, consumer finance, securities and
insurance.
Non -financial companies such as envelope stuffers and other fulfillment service providers.
We do not disclose any nonpublic personal information about you with anyone for any purpose that is not
specifically permitted by law.
We restrict access to nonpublic information about you to those employees who need to know that information
in order to provide products or services to you. We maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
ORT Privacy Policy 12.02.2008
Montana DeEQAM,�
partment
of Environmental Quality
September 29, 2015
Kelly Kloosterinan
Entitlement & Engineering Solutions
518 17th Street Suite 1575
Denver CO 80202
RE: TKG Spring Prairie Development Four Subdivision
Phase I
Municipal Facilities Exclusion
EQ# 16-1029
City of Kalispell
Flathead County
Dear Kelly;
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 76-4-125(2)(d), 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 f 76-4-111 (3), MCA}. Construction of water or sewer extensions prior to DEQ,
Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6
and Title 76, Chapter 4.
Sincerely,
Leata English
Subdivision Section
(406) 444-4224
email lenglish2mt,gov
cc: City Engineer
County Sanitarian
File
Steve Bullock, Governor I Tom Livers, Director I P.O. Box 200901 1 Helena, VIT 59620-0901 t (466) 444-2544 1 www.deq.mt.gov
BY: TD&H
FOR: DNRC
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
DATE, 05/05/2016
DESCP : Spring Prairie Development Four PURPOSE: Sub
Sub Ph 2 in 36-29-22
YEARS ASSESSOR #
2012 thru 2015
E000476
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 T easurer
(seal)
7
/MEAD Co
Nr�
;Ly61TA.NA
September 29, 2015
Kelly Kloosterman
Entitlement Engineering Solutions
518 17'1 Street, Suite 1575
Denver, CO 80202
RE: TKG Spring Prairie Development Four — Engineering Approval
Dear Ms. Kloosterman:
The revised construction drawings, Design Report, Stormwater Maintenance Plan and
Agreement, and other included submittals dated August 17, 2015 for the TKG Spring Prairie
Development Four project are hereby approved contingent on the following items:
1. Deviation Request 1 (Section 4.7.8-6-IV — Setbacks) is approved allowing pond
setbacks less than the minimum 20 feet to property line as specified in City Standards.
Contingent upon approval of this deviation, the pond owner shall be deemed
responsible for any damages resulting from the pond on adjoining property,
whether public or private.
2. Deviation Request 2 (Section 4.8.5-C-Vlll — Inverts at Junctions) is approved allowing
pipe crowns to be placed at differing elevations than allowed in the City Standards.
Contingent upon approval of this deviation, the property owner accepts
responsibility for any possible increased maintenance to storm manhole
structures.
3. Deviation Request 3 (Section 3.3.9 — Manholes) is approved allowing the inverts of
influent and effluent pipes to vary in elevation by a minimum of 0.1 feet, which is less
than the 0.2 feet required in the City Standards.
4. The asphalt section between the sidewalk and driveway apron on the western approach
off Old Reserve Drive shall be replaced with concrete.
5. The truncated dome panels on the east side of the approaches off Old Reserve Drive
shall be moved adjacent to the back of curb and the panels for the north -south sidewalk
removed.
6. Note 14 on Sheet C1.1 shall indicate that a 4.5 lb pigment mix of color Solomon 415 be
used.
7. The stubbed out fire hydrant service line for the northeast corner of Outlot J shall be
moved to the south to serve the hydrant proposed for the southeast comer of Outlot J.
201 ]"Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Faz (406)758-7831
www.kalispell_corn
B. The proposed pedestrian crossing between Outlot J and Outlot A shall be moved north
to match the pedestrian ramp location on the west side of the roadway.
9, Note 20 on Sheet C4.1 shall be revised to include Hydrant Assembly with the
installations.
Approval does not relieve you, nor the contractor from designing or constructing this project in
accordance with the standards currently in effect. If more than 18 months lapse before
completing construction, plans and specifications must be resubmitted and approved before
construction continues. Any modifications made to these approved plans shall be submitted for
review prior to construction.
Please contact Mark Crowley at 249-2485 to set up a pre -construction meeting prior to
beginning construction. At project completion, please provide the City with record drawings.
We look forward to working with you on this project.
Sincerely,
1LI/t�4-
Tom Tabler, PE
Senior Civil Engineer
cc: Emily Gillespie, PE, Montana Department of Environmental Quality
201 ]"Avenue East, P.D. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831
www.kalis elm! conz
Parks and Recreation Dept
June 1, 2016
Karen Blumenstein
Flower & Stone, Ltd.
1015 Spring Ranch Drive
Golden, CO 80401
Re: Spring Prairie Phase 1V
Dear Karen:
This letter is to serve as approval of the landscaping plans for Spring Prairie Phase IV and offsite
improvements at KYAC managed by the City of Kalispell per the plans submitted with the conditions outlined
below. Any alterations of the approved landscape plan or deviation from conditions listed below during
construction will need pre approval prior to installation.
• Tree plantings are required to meet ISA standards for planting. Deciduous trees will be a minimum of
2114 " caliper and Conifers will be a minimum of 6' at the time of installation per my email sent in
November 2015.
• The mulch in the flower beds is called out as 3/8" clean rock chips. To retain the rock chips in the
platers, a barrier needs to extend a minimum of 3" above the finished grade. Depth of rock chips to
still be a minimum of 2".
• Offsite improvements will need to be coordinated with both Kidsports and Kalispell Parks and
Recreation. (Irrigation connection, tree planting locations, trail alignment)
• As builts to be done by the developer for irrigation improvements for offsite improvements and given
to Kalispell Parks and Recreation prior to release of bond.
• Kidsports and the Developers irrigation system may not be cross connected either electronically or
through a water source. Irrigation components installed on KYAC will need to match existing heads,
piping, valves etc. Any substitutions need to be authorized by the City of Kalispell Parks and
Recreation prior to installation.
• Shelters/gazebo plans need to be submitted to the Building Department for their review and approval
prior to construction/purchase.
• Any fees associated to construction of offsite improvements are the responsibility of the developer.
• Offsite improvements will not offset agreements negotiated separately by Kidsports.
Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings at
which time bonding and/or letter of credit would be released if in place. It should be noted that the trees,
irrigation and landscaping need to have a 1 year warranty period and should something happen within this time
frame, the developer will be responsible for replacement.
Sincerely,
Chad Fincher, Parks and Recreation Director
CC: Tom Jentz, Planning Director
PJ Sorenson, Zoning
Jarrod Nygren, Planning
306 PAvenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406) 758- 7718— Fax (406) 758- 7719
www. IrnJrrnnlJ_rnnr
KALISPELL FIRE DEPARTMENT
Dave Dedman — Fire Chief Po Box 1997
Jon Campbell — Assistant Fire Chief 312 First Avenue East
Cee Lee — Executive Secretary Kalispell, Montana 59901
Phone: (406) 758-7760
FAX; (406) 758-7777
Tuesday, May 24, 2016
Jarod Nygren
City of Kalispell, Senior Planner
201 1 st Street Avenue East
Kalispell, MT 59901
Re: Spring Prairie Phase 4
Dear Jarod,
After review I find the hydrant layout and fire flow rates acceptable for Phase 4 of the Spring Prairie
project. If you have any additional questions or needs please feel free to contact me.
Sincerely,
Dave Dedman, Fire Chief
City of Kalispell
"Protecting our community with the highest level of professionalism. "
PH)7* State of Montana
2701 Prospect Avenue
PO Box201001
Montana Department of Transportation
MDT-MA{-006
ifelena, MT 59620-1001
Phone:(406)444-7237
I V13
Paget1 oft Driveway Approach Application and Permit
Fax (406) 444-08p7
TM(406)444-7696
www,mdt mj.vov
F.A. Route No: Milepost: Project: Approach Station:
21 & 115.28 J F 5-3(32)T 15 {R/W) 117+00, 122+75 & 126+501
-5 US 93) _ .. 115.10, i 15. ..._.. _.
District- County: Maint Section No:
Missoula i"'lathead County h' —� 1201
Drainage as determined by Department of Transportation
Type; as per plans Size: Length:
Sight Distance (feet)- Right: 1,200 Left: 1,200
pprcom ed�y F)istrict TraTTIC Date
Appro pp ica on Ap roved by Oat
Engineer or Traffic & Safety Bureau Distrigi Administ for or esignee
Access Control: r: Yes C Into approved through SIAP {
If Access ontro is Yes:"�-
Approach Recommended by Access Manager, R/W Bureau
APPLICANT(PROPERTY
Name PhonelFax Number
Montana Department of Natural Resources & Conservation 406-751-2240
Address city State Zip Code E-mail
655 Timberwolf Parkway, Suite 1 Kalispell MT 5990T
herein termed the applicant, requests permission to construct approach(es) described and shown on attached site plan or plan and profile and
hereby made a part of this application
Use of Property or Facility: Commercial (Specify Type->) Multiuse commericial
An environmental checklist must be filled out, signed and attached in order for this application to be considered complete:.
City or Town: (if rural, direction & approxlalis
distance from nearest city or town)
Name, if any:
Surfacing
Estimated number of trips per d
US 93 & Old Reserve Drive
=Asphalt;Side
see TIS
84' (5 lane w/ T0'shoulders)
as per plans Flare: as per plans
This development is on DNRC Trust Land and being developed by TKG. There are
two full movement accesses on Old Reserve Drive; on US 93 there are two right -in
only accesses & one full movement signalized access_ The developer is responsible
for improvements as per the approved plans.
2701 Prospect Avenue -
State of Montana PO Box2010o1
Helena, MT 59620.3o01
MD7* Montana Department of Transportation Phone: (406) 444-7237
MDT-MAi-006 I 1 /13 Fax (4061 444-0807
Page 2 of 2
(Driveway Approach Application and Permit TTY:(406)444-7696
irlww-mdLrr1traov
(INSTRUCTIONS CONCERNING USE OF THIS FORM)
Applicant will complete and deliver this form in duplicate to the District Administrator serving the area in which the Approach Pe►mitis requested.
The District Administrator, in conjunction with the District Traffic Engineer, is delegated authority to approve curb cuts, public and private approaches serving businesses,
residences and agricultural uses in rural or urban areas without further consultation if the traffic conditions are not congested. In congested areas, usually urban situations,
the District Administrator and District Traffic Engineer can request the Traffic and Safety Engineer in Helena for additional technical assistance. if this is necessary, the
approach should be scaled onto existing plan and profile sheets showing the highway right -of --way and sent to Helena.
-APPROACH PERMIT -
Subject to the following terms and conditions, the permit applied for upon the reverse side hereof, is hereby granted:
1) TERM. This permit shall be in full force and effect from the date hereof until revoked as herein provided.
2) REVOCATION. This permit may be revoked by State upon giving thin C.30,) days notice to Permittee by ordinary mail, directed to the address shown in the
application hereto attached, but the State reserves the right to revoke this permit without giving said notice in the event Permittee breaks any of the conditions
or terms set forth herein.
3) COMMENCEMENT OF WORK. No work shall be commenced until Permittee notifies the Department of Transportation when work is proposed to commence_
4) CHANGES IN HIGHWAY. If the State changes the highway, or there are other changes to adjoining streets, alleys, etc., which necessitate alterations in structures
or installations installed under this permit, Permittee shall make the necessary alterations at Permittee's sole expense or in accordance with a separate
agreement.
5) STATE SAVED HARMLESS FROM CLAIMS. In accepting this permit the Permittee, its/his successors or assigns, agree to protect the State and save it harmless from
all claims, actions or damage of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by reason of
the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said
highway right of way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, itsihis
successors or assigns, will upon notice to it/him of the commencement of such action, defend the same at its/his sole cost and expense and satisfy any judgment
which may be rendered against the State in any such suit or action,
6) PROTECTION OF TRAFFIC. Submit a traffic control plan for review and approval prior to any work being performed in MDT Right -or --Way. Traffic control must
meet current MUTCD and MDTstandards and guidance, The approval shall in no way operate to relieve or discharge the Permittee from any of the obligations
assumed by acceptance of this permit, and especially those set forth under Section 6 thereof.
7) HIGHWAY DRAINAGE. If the work done under this permit interferes in anyway with the drainage of the State Highway affected, Permittee shall, at its/his own
expense, make such provisions as the State may direct to take care of said drainage-
s) RUBBISH AND DEBRIS. Permittee is responsible for debris that is carried onto the roadway by this construction with sweeping and cleaning done daily at
permittee's expense_ Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadway and the
roadside left in a neat and presentable condition satisfactory to the State.
9) WORKTO BE SUPERVISED BY STATE, All work contemplated under this permit shall be done under the supervision of and to the satisfaction of the authorized
representative of the State, and the State hereby reserves the right to order the change of location or removal of any structure or installation authorized by this
permit at any time, said changes or removal to be made at the sole expanse of the Permittee.
10) STATE'S RIGHT NOT TO BE INTERFERED WITH. All such Changes, reconslrucling or relocation shall be done by Permittee, In such a manner as will cause the least
interference with any of the State's work, and the State shall in no way be liable for any damage to the Permittee by reason of any such work by the State, its
agents, contractors or representatives, or by the exercise of any rights by the State upon the highways by the installations or structures placed under this permit.
11) REMOVAL OF INSTALLATIONS OR STRUCTURES. Unless waived by the State, upon termination of this permit, the Permittee shall remove the installations or
structures contemplated by this permit and restore the premises to the condition existing at the time ofentering upon the same under this permit, reasonable
and ordinary wear and tear and damage by the elements, or by circumstances over which the Permittee has no control, excepted.
12) MAINTENANCE AT EXPENSE OF PERMITTEE Permittee shall maintain, at its/his sole expense the installations and structures for which this permit is granted, in a
condition satisfactory to the State.
13) STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS. In accepting this permit the Permittee agrees that any damage or injury done to said installations or
structures by a contractor working for the State, or by any State employee engaged in construction, alteration, repair, maintenance or improvement of the State
I lighwayr shall be at the sole expense of the Permittee.
14) STATE TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being billed therefor Permittee agrees to promptly reimburse State for any expense incurred in
repairing surface or roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit.
15) OTHER CONDITIONS AND/OR REMARKS.
a. All approach side slopes will preferably be constructed on 10 to 1 slope but not less than 6 to 1 slope, unless otherwise approved-
b. No private signs or devices etc., will be constructed or installed within the highway right-of-way limits.
C. This permit is valid only if approach construction is completed within specified months from date of issue. _
d. Prior to Starting work, for construction inspection and approval of completed approach contact 405-751-2000
e. ® See attached addendum
Dated at: Kalispell, MT Agreement Date
The undersigned, the "Permittee- mentioned in the aforegoing
instrument, hereby accepts this permit, together with all of the terms
and conditions set forth therein_
ZZ/ _IZA, �J/
Signed by Permittee
Months
To be filled in by Department of Transportation Personnel
Completed Approach Inspection By: Date
Title: --
AU)7* State of Montana
2701 Prospect Avenue
PORox201001
Montana Department of Transportation
Helena, MT s9620-T001
Phone: (406)444-7237
MDT-MA1-006 11/13
Fax i4061 444-0807
Pagel oft Driveway Approach Application and Permit
M: (406) 444-7696
www.mdt;mt,gov_
F.A. Route No: Milepost: Project: Approach Station:
X15995 (Old Reserve Drive)_ 0.68 & 0.78 MT-NH-NCPD 15(76) f Bypass R/W) 97+93 & 99+53 (metric)
District: County: Maint Section No:
Missoula Flathead County I 1201
Drainage as determined by Department of Transportation
I
Type: as per plans Size: 1 Length:
Sight Distance (feet): Right: 800 Left: 800
......
40�
- pproac >I Recommeri�itTraffic Date Ap p-Tqch APP Ica ore y Date
Engineer or Traffic & Safety Bureau Distrt Administra(ar or esignee
I �
Access Control: (' Yes (a No approved through SIAP -µ
If Access Control is Yes: - Date
Approach Recommended by Access Manager, R!W Bureau
(PROPERTYAPPLICANT
Name PhonelFax Number
Montana Department of Natural Resources & Conservation 406-751-2240
Address Cit State Zip Code E-mail
655 Timberwolf Parkway, Suite 1 Kalispell MT 599D1
herein termed the applicant, requests permission to construct approach(es) described and shown on attached site plan or plan and profile and
hereby made a part of this application
Use of Property or Facility: Commercial (Specify Type ->) Multi -use commericial
An environmental checklist must be filled out, signed and attached in order forthis application to be considered complete.
lC to Envlron
City or Town: (If rural, direction & approx.
distance from nearest city or to (Kalispell
Name, if any:
Surfacing
Estimated number of
US 93 & Old Reserve Drive
halt
(5 lane wl 2'shoulders)
isee TIS Side of Roadway 5
as per plans Flare: as per plans
This development is on DNRC Trust Land and being developed by TKG. There are
two full movement accesses on Old Reserve Drive; on US 93 there are two right -in
only accesses & one full movement signalized access. The developer is responsible
for improvements a5 per the approved plans.
2701 Prospect Avenue
State of Montana PO Box201001
Itelena, MT 59620-1001
AW7* Montana Department of Transportation Phone: (406) 444-7237
MDT MAI-006 11/13 Fax (406) 444-0807
Page 2of7 Driveway Approach Application and Permit TCY:(4061444-7696
vn+wtmdt.m[ gc�v
(INSTRUCTIONS CONCERNING USE OF THIS FORM)
Applicantwill complete and deliverthis form it duplicate to the District Administrator serving the area in which the Approach Permit is requested.
The District Administrator, in conjunction with the District Traffic, Engineer, is delegated authority to approve curb cuts, public and private approaches serving businesses,
residences and agricultural uses in rural or urban areas without further consultation if the traffic conditions are not congested. In congested areas, usually urban situations,
the District Administrator and District Traffic Engineer can request the Traffic and Safety Engineer in Helena for additional technical assistance. If this is necessary, the
approach should be scaled onto existing plan and profile sheets showing the highway right of way and sent to Helena.
- APPROACH PERMIT -
Subject to the following terms and conditions, the permit applied for upon the reverse side hereof, Is hereby granted:
1) TERM. This permit shall be in full force and effect from the date hereof until revoked as herein provided.
21 REVOCATION. This permit may be revoked by State upon giving thin 30 days notice to Permittee by ordinary mail, directed to the address shown In the
application hereto attached, but the State reserves the right to revoke this permit without giving said notice in the event Permittee breaks any of the conditions
or terms set forth herein.
3) COMMENCEMENT OF WORK No work shall be commenced until Permittee notifies the Department of Transportation when work is proposed to commence.
4) CHANGES IN HIGHWAY. if the State changes the highway, or there are other changes to adjoining streets, alleys, etc., which necessitate alterations in structures
or installations installed under this permit Permittee shall make the necessary alterations at Permittee's sole expense or in accordance with a separate
agreement.
5) STATE SAVED HARMLESS FROM CLAIMS. In accepting this permit the Permittee, its/his successors or assigns, agree to protect the State and save it harmless from
all claims, actions or damage of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by reason of
the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said
highway right of way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, itsihis
successors or assigns, will upon notice to Whim of the commencement of such action, defend the same at its/his sole cost and expense and satisfy any judgment
which may be rendered against the State in any such suit or action,
6) PROTECTION OF TRAFFIC. Submit a traffic control plan for review and approval prior to any work being performed in MDT Right -of -Way. Traffic control must
meet current MUTCD and MDT standards and guidance. The approval shall in no way operate to relieve or discharge the Permittee from any of the obligations
assumed by acceptance of this permit, and especially those set forth under Section 6 thereof.
7) HIGHWAY DRAINAGE. If the work done under this permit interferes in any way with the drainage of the State Highway affected, Permittee shall, at itsihis own
expense, make such provisions as the State may direct to take care of said drainage.
8) RUBBISH AND DEBRIS. Permittee is responsible for debris that is carried onto the roadway by this construction with sweeping and cleaning done daily at
permittee's expense. Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadway and the
roadside left in a neat and presentable condition satisfactory to the State.
9) WORK TO BE SUPERVISED BY STATE. All work contemplated under this permit shall be done under the supervision of and to the satisfaction of the authorized
representative of the State, and the State hereby reserves the right to order the change of location or removal of any structure or installation authorized by this
permit at any time, said changes or removal to be made at the sole expense of the permittee_
10) STATE'S RIGHT NOT TO BE INTERFERED WiTH. All such changes, reconstructing or relocation shall be done by Permittee, in such a manner as will cause the least
interference with any of the 5tate's work, and the State shall in no way be liable for any damage to the Permittee by reason of any such work by the State, its
agents, contractors or representatives, or by the exercise of any rights by the State upon the highways by the installations or structures placed under this permit.
10 REMOVAL OF IN5TALLATION5 OR STRUCTURES. Unless waived by the State, upon termination of this permit, the Permittee shall remove the installations or
structures contemplated by this permit and restore the premises to the condition existing at the time of entering upon the same under this permit, reasonable
and ordinary wear and tear and damage by the elements, or by circumstances over which the Permittee has no control, excepted.
12) MAINTENANCE AT EXPENSE OF PERMITTEE. Permittee shall maintain, at its/his sole expense the installations and structures for which this permit is granted, in a
condition satisfactory to the State.
131 STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS. In accepting this permit the Permittee agrees that any damage or injury done to said installations or
structures by a contractor working for the State, or by any State employee engaged in construction, alteration, repair, maintenance or improvement of the State
Highway, shall be at the sole expense of the Permittee.
14) STATE TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being billed therefor Permittee agrees to promptly reimburse State for any expense incurred in
repairing surface or roadway due to settlement at installation, or for any other damage to roadway as a result afthe work performed under this permit.
15) OTHER CONDITIONS AND/OR REMARKS.
a. All approach side slopes will preferably be constructed on 10 to I slope but not less than 6 to I slope, unfess otherwise approved.
b. No private signs or devices etc., will be constructed or installed within the highway right-of-way limits.
C. This permit is valid only if approach construction is completed within specified months from date of issue.
d. Prior to Starting work, for construction inspection and approval of completed approach contact 406-751-2000
e. ® See attached addendum
Dated at: 1. Kalispell, MT� Agreement Date
The undersigned, the *Permittee mentioned in the aforegoing
instrument, hereby accepts this permit, together with all of the terms
and conditions set forth therein.
Signed by Permittee
Months
To be filled in by Department of Transportation Personnel
Competed Approach Inspection By: _ Date
Title:
Jarod Nygren
From: Freyholtz, James <Freyholtz@mt.gov>
Sent: Thursday, May 19, 2016 3:34 PM
To: PJ Sorensen; Tom Jentz; Jarod Nygren; Chad Fincher
Cc: Karen Blumenstein; Oliver, Dennis
Subject: Spring Prairie 4 Development - MDT Review Status
This is to inform you of the status of the Spring Prairie 4 developments review by the Montana Department of
Transportation (MDT).
The MDT has approved the plans and finalized the approach permit review process for the approaches and associated
improvements.
The MDT has reviewed and approved the submitted plans for the landscaping and bike path proposed in the right-of-
way.
Feel free to contact me if you have any questions or need anything else from us.
James Freyholtz, P.F.
Kalispell Area Traffic Engineer
Montana Department of Transportation (MDT)
(406) 751-2066