I3. Final Plat - Owl View TownhomesPLANNING FOP, THE FUTURE
REPORT TO: Doug Russell, City Manager W -
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Final Plat request for Westview Estates — Owl View Townhomes Phase
MEETING DATE: July 5, 2016
BACKGROUND: Our office has received an application for final plat approval from Sands
Surveying, on behalf of Owl Corporation, for a 6-lot townhouse subdivision. The subject property is
1.18 acres, which will be broken down into six sublots ranging in size from approximately 6,185
square feet to 11,100 square feet in size. The property is located within West View Estates
Subdivision, along the 100 block of Taelor Road, approximately 300 feet north of Old Reserve Road.
The property can be described as a Tract of land situated within the SW4 of the SW4 of Section 25,
Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, more particularly described
in the attached Exhibit A.
The subdivision is the fourth phase of a 6 phase residential development. The City Council approved
the preliminary plat with 20 conditions on May 5, 2003. All 20 conditions of the preliminary plat have
been adequately met or otherwise adequately addressed. No Subdivision Improvement Agreement is
being submitted with the request, as the improvements are in place and accepted.
RECOMMENDATION: It is recommended that the City Council approve the final plat for
Westview Estates — Owl View Townhomes Phase.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: June 28, 2016
c: Aimee Brunckhorst, Kalispell City Clerk
Planning Department
2010 Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
July 28, 2016
Doug Russell, City Manager
City of Kalispell
201 1st Ave E
Kalispell, MT 59901
Re: Final Plat request for Westview Estates — Owl View Townhomes Phase
Dear Doug:
Our office has received an application for final plat approval from Sands Surveying, on behalf of
Owl Corporation, for a 6-lot townhouse subdivision. The subject property is 1.18 acres, which will be
broken down into six sublots ranging in size from approximately 6,185 square feet to 11,100 square
feet in size. The property is located within West View Estates Subdivision, along the 100 block of
Taelor Road, approximately 300 feet north of Old Reserve Road. The property can be described as a
Tract of land situated within the SW4 of the SW4 of Section 25, Township 29 North, Range 22 West,
P.M.M., Flathead County, Montana, more particularly described in the attached Exhibit A.
The subdivision is the fourth phase of a 6 phase residential development. The Kalispell City Council
approved the preliminary plat with 20 conditions on May 5, 2003. All 20 conditions of the preliminary
plat have been met or otherwise adequately addressed. No Subdivision Improvement Agreement is
being submitted with the request, as the improvements are in place and accepted.
COMPLIANCE WITH CONDITIONS OF APPROVAL
General Conditions:
1. Development of the subdivision shall be platted in substantial compliance with the approved
preliminary plat which governs the location of lots and roadways within the subdivision.
Staff Response: This condition has been met. The subdivision has been platted in compliance
with the approved preliminary plat.
2. That the roadways serving the subdivision shall be constructed in accordance with the adopted
Design and Construction Standards for the City of Kalispell for local streets.
Staff Response: This condition has been met. See the attached letters from Kalispell Public
Works, dated June 15, 2016, and WGM Group letter dated, June 7, 2016.
3. That a letter be obtained from the Kalispell Public Works Department approving the plans and
specifications for water, sewer and drainage facilities for the subdivision.
Staff Response: This condition has been met. See the attached letter from Kalispell Public
Works, dated October 12, 2015.
4. A letter from an engineer licensed in the State of Montana certifying that the improvements
have been installed according to the required specifications shall be submitted at the time of
final plat approval along with a letter from the Kalispell Public Works Department stating that
the required improvements have been inspected and comply with the City standards.
Staff Response: This condition has been met. See the attached letters from Kalispell Public
Works, dated June 15, 2016, and WGM Group letter dated, June 7, 2016.
5. Development of the landscape boulevard with location of street trees shall be placed in
accordance with a plan approved by the Kalispell Parks and Recreation director.
Staff Response: This condition has been met. The developer has provided the City of
Kalispell a check for $3,780.00 to cover the cost of planting nine (9) boulevard trees. The Parks
and Recreation Department has provided an email dated May 2, 2016, approving the landscape
and boulevard plan.
6. A storm water drainage plan which has been designed by an engineer licensed in the State of
Montana shall be prepared which complies with the City's Design and Construction Standards
and shall be reviewed and approved by the Kalispell Public Works Department.
Staff Response: This condition has been met. See the attached letter from Kalispell Public
Works, dated October 12, 2015.
7. That the developer obtain a letter from the Montana Department of Transportation approving
the intersection of the new internal roadway and West Reserve Drive and certifying that any
necessary improvements have been made.
Staff Response: This condition is met. A letter from James Freyholtz, P.E., Kalispell Area
Traffic Engineer for the Montana Department of Transportation dated June 4, 2009 states, that
all needed traffic migration measures have been completed at the intersection.
8. Obtain a permit from the Flathead County Road Department for the new road access onto
Stillwater Road and any needed improvements be made prior to final plat approval having been
reviewed and approved by the road department superintendent.
Staff Response: This condition was met as part of phases 1 and 2. A letter from Flathead
County Road and Bridge Department dated July 31, 2005, approved the approach onto
Stillwater Road. Flathead County also issued approach permit AE-2191 for the intersection.
9. The road within the subdivision shall be named and signed in accordance with the policies of
the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and
be subject to review and approval of the Kalispell Fire Department.
Staff Response: All roads within the subdivision have been named and signed in accordance
with the policies of the Kalispell Public Works Department, and the Uniform Traffic Control
Devices Manual. The Fire Chief issued a letter approving the fire department access on June
15, 2016.
10. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service.
Staff Response: This condition is met. The mailbox units are in place.
11. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties.
Staff Response: This condition is met. Street lighting has been installed with shielding.
12. That the parkland dedication requirements shall be one -ninth or 11 percent of the area in lots or
3.69 acres. The 2.20 acres as indicated on the plat will meet a portion of that requirement and
the remaining approximately one acre required can be met by investing an equivalent cash
value into the park. The cash -in -lieu of parkland values is based on a value of $10,000 per acre
or other value demonstrated by the developer as the purchase price per acre.
Staff Response: This condition is met. The developer entered into an agreement with the City
on July 5, 2007, for developing the park with a city water well pump house and restrooms. The
City has drilled the well on the property and constructed the well house and restrooms. The
developer has provided funding, through cash -in -lieu payment, to go towards the City to install
irrigation, seeding and playground equipment. The park was dedicated to the City in 2009, as
part of phase 3.
13. That a road access be provided from Taylor Road connecting Parcel A to the subdivision.
Staff Response: This condition has been adequately addressed. The developer will meet this
condition in a future phase of the subdivision. The Owl View Townhomes phase does not
connect to this portion of the development.
14. That a minimum 20-foot buffer strip shall be established between West Reserve Drive and the
subdivision.
Staff Response: This condition has been adequately addressed. The remaining length of buffer
strip will be dedicated with the remaining phases of the subdivision. This phase does not have
any frontage along West Reserve Drive (now Old Reserve Drive).
15. In addition to the 20-foot buffer strip, a 10-foot right-of-way reservation along West Reserve
Drive be indicated on the final plat for the future expansion of that road.
Staff Response: This condition has been adequately addressed. The remaining 10-foot right-
of-way reservation along West Reserve Drive (now Old Reserve Drive) will be dedicated with
the remaining phases of the subdivision. This phase does not have any frontage along West
Reserve Drive (now Old Reserve Drive).
16. All utilities shall be installed underground.
Staff Response: This condition is met. All utilities will be installed underground, per the
approved plans.
17. That the fire access and suppression system comply with the Uniform Fire Code and a letter
from the Kalispell Fire Department approving the access and number and placement of fire
hydrants within the subdivision as well as fire flows and access shall be submitted with the
final plat. The fire access and suppression system shall be installed and approved by the Fire
Department prior to final plat approval.
Staff Response: This condition is met. A letter from the Fire Department dated June 15, 2016,
approves of the subdivision's access, hydrant location and fire flow.
18. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
Staff Response: This condition is met. See the attached letters from Kalispell Public Works,
dated June 15, 2016, and WGM Group letter dated, June 7, 2016.
19. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
Staff Response: This condition is met. The developer has seeded the property and has
continually maintained the vacant land to suppress the weeds.
20. That preliminary approval shall be valid for a period of three years from the date of approval.
Staff Response: This condition is met. The preliminary plat is valid until July 20, 2016.
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 complies with the Kalispell Zoning Ordinance and the R-3 zoning for the property.
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
Westview Estates — Owl View Townhomes Phase. Please schedule this matter for the regular city
council meeting on July 5, 2016.
Attachments: - Two mylars of final plat
- 11 x 17 copy of final plat
- Applicant responses and final plat application dated 6/15/2016
- Stewart Title Guaranty Company Report G-2222-000065251, dated 4/29/2016
- Montana Department of Environmental Quality approval letter dated 10/27/2015
- Flathead County tax certification dated 4/27/2016.
- Letter from Kalispell Public Works Department (engineering approval) dated
10/12/2015
- Letter from Kalispell Public Works Department (improvements acceptance) dated
6/15/2016
- Letter from WGM certifying improvements dated 6/7/2016
- Letter from Kalispell Fire Department dated 6/15/2016
- Email from Parks and Recreation dated 5/2/2016
- Letters from Montana Department of Transportation approving access dated
8/2/2006 and 6/4/2009.
- Letter from Flathead County approving access and approach permit dated 7/31 /2005
- Letter from Evergreen Disposal dated 4/14/2015
- Exhibit A — legal description
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: Sands Surveying
Attn: Eric Mulcahy
2 Village Loop
Kalispell, MT 59901
OWL CORPOR42YON
r mMotrtor
30, 16' 0 W. 60.
eta or of ctoll=
man PRapmrY orimt Do If wr Cum" nur I IJAYR Cim= To Be
1 PLa1TID MW LOTS AU I= MWWBPO o=2M3) PROPJtRM AS DJCM==
MAIN OF DAZWAIIM.. AND SROIN BY M ANR® PLr OR MAP Aim
T.AnMD COUNTY, AlONTANA:
IND, 9RUJ. LYM Alm DAM IN JBW SOUMWJCTr QUARM Or MEW
URT10r OF WC7SOPI 8Q TTJWNSW 28 XMIX RANGS 28 WMT. PKAL,
MT. Jmmizi, Alm mair PARRculiar DivaufJm AS Palwis 20 vm
at the nonevent corner of Section 25. Township 22 North. Raoo Jl2 not.
sd County, Alont un, which Is a found slumtsum oap t the cantertise
f Old Reserve Brim and StWw.ter Road' Theo" alone the south boundary of
5 SM1531 2's 1063.22 foot: Thanea J-Wag said bound.ry JfOo'0o23T 40.00
.deny R/W of w 60 foot city street moan .s raalor Read rhanea along
0023T 63.72 feet to a found hoc pplluu .md the point of curvature of .
im curve, conean south: eteri . Thmcs .long . curve to the right through
!. of 23WW3' far an arc ]meth of M.26 last to . found loon pia and the
se eurvetme of a 11.00 foot Md1.s curve, conch northwastar(r (radial
11A In: rhanoa alaag a curve to the loft through . central a.SN of
m .M leogtb of MOO reef to a hued loon ping- Thmea NOO'0012319 M.97
heat pin an the southerly $/W of a 60 foot Mad & uttRty assamant known
which L th. t al aurraturo d . 80 foot re ve, di curoonave
bales M l+trrrF ar 10 a = sler cr Lim �r
snow sarthweeterly slang said eouth.rly R/W on a curve to the Lit throueb
!. of o0'0112" far an .M (wait b of 31.48 feet to . net loon pda rb.nae
p.m feet to . sat iron pie: rbsuaw L.vhrg sold R/W AWVO23T 3M.00 lest
plc: Thence AW68'11"8 215.00 feet to a hand Iran pia an the wart"
Vapor Read which I. the point of curvature of a 170.00 Punt radius a—.
w..terly (radial bearing N6v69`37"V, Thence .lave wid R/W mutb.eeterly
to the right through . neutral no. of 33'0723' for an are Isogth of
o found Iron pin and the polot of reverse curvature of a M.00 loot redtus
south..star& (rsdW bearing SWW'16T). TLmce along . Dorn to the raft
hal .ogle of W0723' for m arc Iemgth of JW..26 feet to a found iron pin,
W"IF 161.M feet to the point of brlfl.oiug and cont in 1.306 ACM,
f tgRUar with 10 foot utility sae mock an .Rey and utlllty--nutat and
wammt, all .s sb— hervan; Subject to end teSefhar with .11
.vemant. of raced.
o,M.d treat of Lad shall hereafter be mown
COS 16136
Hatched arse
indicates mow
removal easement
I
/
I M' Radlus
I CYd-de-swo
Me MdarWAMW herby events unto each slid errry Perron. Am% ar oorporstfon, Wti . IGVm' for the aty or ratiq
whether public or private. p a Jdtne ar oXeriae to Dodd, t.Lphone, tehW ph. My GW* ed the aty of J
deetdo power. S" cable ter -Man, water ar sewar service to the public, the right do hereby ontW that this plat has b.an submitted for amminat
to the Joint live of an aaeemmt for the con tructlon, -.Lot—", repair, wad found by them to a—(— to the Jew, sod was aPpravad by the�
removal of their Anne and other foal itim. 1s, aver: molar and carom each arse the City at Jfazura at its nwWer meetLge held m the
daalgbated an this plat as YPITIITY RAtil Wff' to have and to bold forever.80�
The ton hot road end utWty minnuant mown .s S`awfar Lane' u shows hereon to The 60 feat and and utlht I easam.11 mown as "ShwY— Lane" A
hereby dedleaDagR tod to the aty of deforevar. hereby accepted by the LYtT at RiRepeB.
MARK Q OWMW we Secret.ry/lYwemer for OWL CORPORATM
Akyar of Xhli pelL kfamean av am* at E.UgWA I
STATE ar rONTINA )
SR
CouNrY ar P1AINUD )
On We - dry of 20— before me •
CZlUIP CATW OF C177 ATIY/R110iY
Notary Public for the State of Alantme, parsonal4 appeared HAM 0. ON=
The pint has been examined by the aEOoe of the city attorney of
SecretarT/lhwurer fro OWL CORPORA210N, and Jmown to me to be the paman whose
Alanime, saeordlsg to Section 70-3-MB (2) Jf.C.L, and reWW W
name Js subscribed to the imwgaiV inskummt and acimowledgsd to me tint be
b. . ad approved G
NiatarmaU—
executed the arms.
submitted by the developer and/or L
Notary Public for the State of Alantaus
Printed Xams
OM— of Jlallsp.D City Attarn.y
My .f kLOspeK Allentown
Redding .t
J(y cwmmbslm aw
Dat. By
----------
1
1
I
)I
Lot 1
TOTAL AREA: 1,396 Ai
LOTS (NET): 1.028 AC.
ROADS. 0.210 AC.
ALI": 0.158 AC.
LEGEND:
® Section corner (an no
o Set 1/2 i2d' Rebar &
• Found 1/2' Reber & i
(R) Record
Lul b Wetetoa ph.
(F) Found Information
POE Point of Regmaing
OStreet Address
CERTIFICATE OF SURVE
17DAlA3 W. N.ROS 7h'YW
APPROVED:
EXAMWW LANJ
REG. No.
SANDS SURVEYING, INC.
2 Village Loop Road
Kalispell, MT 59901
4o6-755-6481
Fax 406-755-6488
June 16, 2016
City of Kalispell Planning Department
17 2❑d Street East
Kalispell, MT 59901
RE: Final Plat submittal for Owl View Townhomes, a phase of West View Estates.
Dear Planning Office:
This cover letter is intended to give an overview of the conditions of approval and the supporting
documentation for meeting the conditions for West View Estates and the proposed phase to be known as
Owl View Townhomes. The Kalispell City Council granted preliminary plat approval of the subdivision
on May 5, 2003. The City Council granted final plat approval to West View Phase 3 on July 20, 2009.
Council granted the last two year extension to West View on July 21, 2014 extending the preliminary plat
approval to July 20, 2016. The required improvements are in place and accepted and the applicant is not
submitting a Subdivision Improvements Agreement.
Preliminary Plat Conditions
Condition # 1: That the development of the subdivision shall be in substantial conformance with the
approved preliminary plat which governs the general location of the lots and roadways.
This condition is met. The final plat conforms to the preliminary plat approved by the City
Council with the exception that the City Council granted a Conditional Use Permit to convert
these three lots into Townhouse lots on June 1' 2015. The Final Plat is in conformance with the
approved Conditional Use Permit.
Condition #2: That the roadways serving the subdivision shall be constructed in accordance with the
adopted Design and Construction Standards for the City of Kalispell for local streets.
This condition is met. See letter from the Kalispell Public Works Department approving the
infrastructure and starting the one-year warranty period.
Condition #3: That a letter be obtained from the Kalispell Public Works Department approving the plans
and specification for water, sewer, and drainage facilities for the subdivision.
This condition is met. (See letter from Kalispell Public Works Department, Keith Haskins, P.E.
dated October 12, 2015).
Condition #4: A letter from an engineer licensed in the State of Montana certifying that the
improvements have been installed according to the required specifications shall be submitted at the time
of final plat approval along with a letter from the Kalispell Public Works Department stating that the
required improvements have been inspected and comply with the City Standards.
This condition is met. (See letters from WGM Group dated 6/7/16 and Kalispell Public Works
Department and letter from Kalispell Public Works).
Condition #5: Development of the landscape boulevard with location of street trees shall be placed in
accordance with a plan approved by the Kalispell Parks and Recreation Director
This condition is met. The developer has provided the City of Kalispell a check for $3780.00 to
cover the cost of planting nine boulevard trees within Phases 3. The Kalispell Parks
Superintendent, Fred Bicha has provided an email dated 5/02/16 approving the landscape and
boulevard plan.
Condition #6: A storm water drainage plan which has been designed by an engineer licensed in the State
of Montana shall be prepared which complies with the City's Design and Construction Standards and
shall be reviewed and approved by the Kalispell Public Works Department.
This condition is met. (See letters from Kalispell Public Works Department 10/12/15)
Condition 47: That the developer obtain a letter from the Montana Department of Transportation
approving the intersection of the new internal roadway and West Reserve Drive and certifying that any
necessary improvements have been made.
This condition was met in Phase 1 and 2. (See MDOT permit and letter from Clay Colby dated
8/2/06. The turn bays are in place and the High School is up and running)
Condition #8: Obtain a permit from the Flathead County Road Department for the new road access onto
Stillwater Road and any needed improvements be made prior to the final plat approval having been
reviewed and approved by the road department superintendent.
This condition was met in Phases 1 and 2. (See Flathead County Road Approach Permit AE-
2191).
Condition #9: The road within the subdivision shall be named and signed in accordance with the policies
of Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to
review and approval of the Kalispell Fire Department.
This condition is met. The road signs are in place.
Condition #10: The developer shall provide a letter from the US Postal Service approving the plan for
mail service.
This condition was met and mailbox units are in place.
Condition #11: Street lighting shall be located within the subdivision and shall be shielded so that it does
not intrude unnecessarily onto adjoining properties.
This condition is met. The lighting plan was approved by Kalispell Public Works. The lights
have been installed by Flathead Electric Coop.
Condition #12: That parkland dedication requirements shall be one -ninth or 11%0 of the area in lots or
3.69 acres. The 2.00 acres as indicated on the plat will meet a portion of that requirement and the
Owl View Townhomes
2
remaining approximately one acre required can be met by investing and equivalent cash value into the
park. The cash -in -lieu of parkland value is based on a value of $10,000 per acre or other value
demonstrated by the developer as the purchase price per acre.
This condition is met. Developer entered into an agreement with the City of Kalispell on July 5,
2007 for developing the park with a City water well pump house and restrooms. The City has
drilled the well on the property and constructed the well house and restrooms. The developer has
provided funding through the cash -in -lieu payment to go towards the City to install irrigation,
seeding and playground equipment. The Phase 3 plat dedicated the park to the City of Kalispell
in 2009.
Condition #13: That a road access be provided from Taylor Road connecting Parcel A to the subdivision.
The applicant will meet this condition in a future phase of West View Estates. The Owl View
Townhomes Subdivision does not connect to this portion of the development.
Condition #14: That a minimum 20-foot buffer strip shall be established between West Reserve Drive
and the Subdivision.
This condition is partially met. The buffer strip is landscaped however only the portion that was
in Phase 1 has been dedicated with the remaining portion to be dedicated in the future Phases.
Owl View Townhomes does not have any frontage on West Reserve.
Condition #15: In addition to the 20 foot buffer strip, a 10-foot right-of-way reservation along West
Reserve Drive be indicated on the final plat for future expansion of that road.
This condition is partially met. A portion of the ROW reserve was dedicated in Phase 1 however
there is no West Reserve frontage in Owl View Townhomes phase. The remainder of the ROW
reserve will be dedicated in future phases.
Condition #16: All utilities shall be installed underground.
This condition is met. The utilities are in place. Copies of the contracts are in the packet.
Condition #17: That the fire access and suppression system comply with the Uniform Fire Code and a
letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants
within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire
access and suppression system shall be installed and approved by the Fire Department prior to final plat
approval.
This condition is met. (See Letter the Kalispell Fire Department)
Condition #18: That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
This condition is met. The developer has completed all of the improvements.
Condition #19: All areas disturbed during development of the subdivision shall be revegetated with weed
free mix immediately after development.
Owl View Townhomes
3
This condition is met. The applicant has been actively managing the property for weeds.
Condition #20: The preliminary approval shall be valid from date of approval.
This condition is met. A two year extension was granted by the City Council for Phase 4
preliminary plat and the preliminary approval for phase 3 will expire on July 20, 2016.
A title report is included with this application. Taxes are paid in full. Should you have any questions
regarding this final plat application, please contact me at 755-6481.
Sincerely,
`�� _1�_ �j
Eric H. Mulcahy, AICP
Sands Surveying Inc.
Attachments: City of Kalispell Final Plat Application
Check — Cash in -lieu payment for street trees
Letter — WGM Group (6/7/16)
Letter — Kalispell Public Works Department (10/12/15)
Letter — Kalispell Public Works Department
Email — Kalispell Parks and Recreation Department (5/02/16)
Letter - MDOT (6/4/09)
MDOT Approach Permit (8/2/06)
Flathead County Approach Permit (AE-219)
Letter — Kalispell Fire Department
MDEQ letter (EQ-16-1265, Dated 10/27/15)
Evergreen Disposal (4/14/15
Title Report Stewart (File # 62582, Guarantee # G-2222-000065251, Date 4/29/16)
Tax Certification Phase 3 (4/27/16)
Owl View Townhomes
4
PLANNING FOR THE FUTURE
FINAL PLAT APPLICATION
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisnell.eom/ Ian nnin�
Project /Subdivision Name: Owl View Townhomes (A Phase of West View Estates)
Contact Person:
Name: Mark Owens
Address: 500 Palmer Drive
Kalispell, MT 59901
Phone No.: (406) 752-5666
Owner 8s Mailing Address:
Owl Corporation
Same as Contact
Date of Preliminary Plat Approval: May 5, 2003 (See cover letter for history of phases and
extensions).
Type of Subdivision: Residential X Industrial Commercial PUD _Other
Total Number of Lots in Subdivision 6 Sub -Lots
Land in Project (acres) 1.396 acres
Parkland (acres) N/A Cash -in -Lieu $ N/A Exempt
No. of Lots by Type:
Single Family Townhouse 6 Mobile Home Park _
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
Legal Description of the Property Owl View Townhomes, Section 25, Township 29 North, Range 22
West. P.M.M.. Flathead Countv
FILING FEE ATTACHED $ 1550.00
Minor Subdivision with approved preliminary plat $400 + $125/lot
Major Subdivision with approved preliminary plat $800 + $125/lot
Subdivisions with Waiver of Preliminary Plat $800 + $125/lot
Subdivision Improvements Agreement $50
1
Attached Not Applicable (MUST CHECK ONE)
_X_ Health Department Certification (Original)
X_ Title Report (Original, not more than 90 days old)
X Tax Certification (Property taxes must be paid)
X_ Consent(s) to Plat (Originals and notarized)
C� Subdivision Improvements Agreement (Attach collateral)
�( Parkland Cash -in -Lieu (Check attached)
_ Maintenance Agreement
Plats: 1 opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
11X17 Copy 11X17 Copy
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The governing
body must act within 30 days of receipt of the revised preliminary plat application and staff report.
Incomplete submittals will not be accepted and will not be forwarded to the governing body for
approval. Changes to the approved preliminary plat may necessitate reconsideration by the
planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application and
may invalidate any approval. The signing of this application signifies approval for Kalispell Planning
staff to be present on the property for routine monitoring and inspection during the approval and
development process.
**NOTE: Please be advised that the County Clerk 8v Recorder requests that all subdivision final
plat applications be accompanied with a digital copy.
Owner(s) Signature
6-IS- ` &
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
Guarantee (CLTA Form) Rev. 6-6-92
GUARANTEE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR
LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN
SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER
SHOWN THEREIN.
ISSUED BY
STEWART TITLE GUARANTY COMPANY
a corporation, herein called the Company,
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in
Schedule A.
Countersigned by: } �/��r�
S `e Y Y Girt
title guaranty company
Authwubd Conmtmsgrntwe
Main Office LE G&4
211 South Main Street
Kalispell, MT 59901
Agent ID: 260052 1908
TEXAS„m`"
un,nn
Page 1 of
Serial No. G-2222-000065251
Matt Morris
President and CEO
r�
Denise C rraux
Secretary
GUARANTEE CONDITIONS AND STIPULATIONS
Definition of Terms — The following terms when used in this Guarantee mean:
(a) "the Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute
real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C)
or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without knowledge.
(e) "date": the effective date;
Exclusions from Coverage of this Guarantee — The Company assumes no liability for loss or damage by reason of the following:
(a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
(b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights,
claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records.
(c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or
in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to
maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such
property, rights or easements are expressly and specifically set forth in said description.
(d) (1) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title, and as limited by
such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public
records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the
Assured; or (c) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the
scope and purpose of assurances provided.
Notice of Claims to be Given by Assured Claimant — An Assured shall notify the Company promptly in writing in case knowledge shall
come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and
which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given
to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required,
provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the
Company shall be prejudiced by the failure and then only to the extent of the prejudice.
No Duty to Defend or Prosecute — The Company shall have no duty to defend or prosecute any action or proceeding to which the
Assured is a party, notwithstanding the nature of any allegation in such action or proceeding.
Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate — Even though the Company has no
duty to defend or prosecute as set forth in Paragraph 4 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a
defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate
or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured.
The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and
shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this
paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its
choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and
will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the
defense of those causes of action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the
Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its
sole discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an
Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all
appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by
the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding,
securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may
be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured.
If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the
Assured under the Guarantee shall terminate.
Proof of Loss or Damage — In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been
provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety
(90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the
matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of
loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the
Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of
Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the
Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or
damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the
Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably
necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall
terminate any liability of the Company under this Guarantee to the Assured for that claim.
Options to Pay or Otherwise Settle Claims; Termination of Liability — In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
File No.: 62582 Serial No.: G-2222-000065251 Page 2
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss
to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said
mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the
Assured claimant which were authorized by the Company up to the time of purchase.
Such Purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company
hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said
indebtedness, the owner of the indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the
Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this
Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any
obligation to continue the defense or prosecution of any litigation for which the Company has exercised its option under Paragraph 5, and
the Guarantee shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To Pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this
Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this
Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any
obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5.
8. Determination and Extent of Liability — This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or
incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee
and only to the extent herein described, and subject to the exclusions stated in Paragraph 2.
The liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under
Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the
loss or damage assured against by this Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as sated herein and the value of the estate or interest
subject to any defect, lien or encumbrance assured against by this Guarantee.
9. Limitation of Liability —
(a) If the Company establishes the title or removes the alleged defect, lien or encumbrance, or cures any other matter assured against
by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it
shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any
claim or suit without the prior written consent of the Company.
10. Reduction of Liability or Termination of Liability — All payments under this Guarantee, except payments made for costs, attorneys'
fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto.
11. Payment of Loss
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost
or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the
loss or damage shall be payable within thirty (30) days thereafter.
12. Subrogation Upon Payment or Settlement — Whenever the Company shall have settled and paid a claim under this Guarantee, all
right of subrogation shall vest in the Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any
person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer
to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The
Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the assured in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and
remedies of the Assured after the Assured shall have recovered its principal, interest and costs of collection.
13. Arbitration — Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in
connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of
Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the
amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules
in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in
which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an aribitration under
the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request.
14. Liability Limited to This Guarantee; Guarantee Entire Contract —
(a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract
between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a
whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this
Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed
by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the
Company.
15. Notices, Where Sent— All notices required to be given the Company and any statement in writing required to be furnished the Company
shall include the number of this Guarantee and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029.
File No.: 62582 Serial No.: G-2222-000065251 Page 3
MT Subdivision Guarantee 14
SUBDIVISION GUARANTEE
SCHEDULE A
File No.: 62582
Date of Guarantee: April 29, 2016 at 5:00 P.M.
Liability: $5,000.00
A. Assured:
Sands Surveying, Inc.
B. Assurances:
1. Description of the land:
Guarantee No.: G-2222-000065251
Premium: $125.00
A tract of land, situated, lying and being in the Southwest Quarter of the Southwest Quarter of
Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, and more
particularly described as follows to wit:
Commencing at the southwest corner of Section 25, Township 29 North, Range 22 West, P.M.M.,
Flathead County, Montana, which is a found aluminum cap at the centerline intersection of Old
Reserve Drive and Stillwater Road, thence along the south boundary of Section 25 S89°53'02"E
1053.89 feet; thence leaving said boundary N00°00'23"E 40.00 feet to the westerly R/W of a 60
foot city street know as Taelor Road; thence along said R/W N00°00'23" 83.79 feet to a found iron
pin and the point of curvature of a 70.00 foot radius curve, concave southeasterly; thence along a
curve to the right through a central angle of 23°33'23" for an arc length of 31.25 feet to a found iron
pin and the point of reverse curvature of a 44.00 foot radius curve, concave northwesterly (radial
bearing N66°26'14"W); thence along a curve to the left through a central angle of 23°33'23" for an
arc length of 18.09 feet to a found iron pin; thence N00°00'23"E 29.97 feet to a set iron pin on the
southerly R/W of a 60 foot road & utility easement known as Sawyer Lane, which is the point of
curvature of a 20 foot radius curve, concave southwesterly, being the True Point of Beginning
herein of the tract of land herein described; thence northwesterly along said southerly R/W on a
curve to the left through a central angle of 90°01'12" for an arc length of 31.42 feet to a set iron pin;
thence S89°59'11"W 129.99 feet to a set iron pin; thence leaving said R/W N00°0023"E 360.00
feet to a set iron pin; thenceN89°59'11 "E 215.00 feet to a found iron pin on the westerly R/W of
said Taelor Road, which is the point of curvature of a 170.00 foot radius curve concave
northwesterly (radial bearing N89°59'37"W)thence along said R/W southwesterly along a curve to
the right through a central ange of 33°07'23" for an arc length of 98.28 feet to a found iron pin and
the point of reverse curvature of a 230.00 foot radius curve, concave southeasterly (radial bearing
S56°52'15"E); thence along a curve to the left through a central angle of 33°07'23" for an arc length
of 132.96 feet to a found iron pin; thence S00°00'23"W 161.46 feet to the point of beginning.
2. Name of Proposed Subdivision Plat or Condominium Map:
Owl View Townhomes
3. That the only hereafter named parties appear to have an interest showing in the public records
affecting the land necessitating their execution of the name proposed plat or map area as follows:
File No.: 62582
MT Subdivision Guarantee STEWART TITLE
Page 1 of 4 GUARANTY COMPANY
MT Subdivision Guarantee 14
File No.: 62582 Guarantee No.: G-2222-000065251
SUBJECT TO:
1. 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. Proceedings by a
public agency, which may result in taxes or assessments, or notices of such proceedings, whether
or not shown by the records of such agency or by public record.
2. Any facts, rights, interest or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished,
imposed by law and not shown by the Public Records.
6. Any service, installation or connection charge for any and all utilities, including, but not limited to
sewer, gas, water or electricity.
7. 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.
8. No liability is assumed for errors, omissions or changes of assessed valuations or amount of taxes
assessed by any state, county, city or federal taxing or assessing authority.
9. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authoring the
issuance thereof; (c) water rights, claims or title to water; ditch rights; (d) any right, title or interest
in any sand and gravel and/or minerals including access to and from to extract minerals, mineral
rights, or related matters, including but not limited to oil, gas, coal and other hydrocarbons;
whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records.
10. Real estate taxes or special assessments for the year(s) 2016, that are not yet due or payable.
11. For informational purposes only, do not rely upon for a tax payment. Flathead County records
indicate the taxes for the year 2015 are:
FIRST HALF: $1,322.18 PAID
SECOND HALF: $1,322.16 PAID
TOTAL: $2,644.34
Assessor No.: 01-0006861
Tax Roll No.: 00333
Affects: Premises and Other Property
12. Possible easement created by Notice of Appropriation of Water Right recorded January 31, 1950
as Document #419, in Book 311, page 6, records of Flathead County, Montana.
13. Possible easement created by Authorization to Change Appropriation of Water Right recorded
October 6, 1982 as Document #14802, in Book 750, page 288, records of Flathead County,
Montana.
File No.: 62582
MT Subdivision Guarantee STEWART TITLE
Page 2 of 4 GUARANTY COMPANY
MT Subdivision Guarantee 14
14. Easement for flowage and related purposes granted to the Montana Power Company, by
instrument recorded May 27, 1993 as Document #9314710570, records of Flathead County,
Montana.
15. A non-exclusive easement for existing irrigation lines and equipment, and terms and provisions
contained therein, granted in instrument recorded April 17, 2001 as Document #200110716100
and reserved in instruments recorded April 17, 2001 as Document #200110716130 and May 9,
2001 as Document #200112916450, records of Flathead County, Montana.
16. A 20 foot non-exclusive permanent easement for irrigation pipeline and related purposes, granted
in instrument recorded April 17, 2001 as Document #200110716110 and reserved in instruments
recorded April 17, 2001 as Document #200110716130 and May 9, 2001 as Document
#200112916450, records of Flathead County, Montana.
17. Terms and provisions contained in Agreement, regarding possession, farming, co -listing and water
system, recorded April 17, 2001 as Document #200110716120, records of Flathead County,
Montana.
Agreement clarifying co -listing clause, recorded June 4, 2004 as Document #200415612330,
records of Flathead County, Montana.
18. Terms and provisions contained in Road Maintenance Agreement, recorded January 23, 2002 as
Document #200202316410, records of Flathead County, Montana.
19. Terms and provisions contained in Resolution No. 4785, regarding annexation to the City of
Kalispell, Montana and zoning, recorded June 9, 2003 as Document #200316011000, records of
Flathead County, Montana.
20. Petition to annex and notice of withdrawal from rural fire district, recorded June 9, 2003 as
Document #200316011010, records of Flathead County, Montana.
21. Terms and provisions contained in Latecomers Agreement For Reimbursement For Municipal
Water And Sewer System Extensions, recorded May 5, 2006 as Document #200612509030,
records of Flathead County, Montana.
Amendment to Latecomers Agreement recorded May 18, 2011 as Document #201100010329,
records of Flathead County, Montana.
Memorandum of Understanding recorded August 16, 2011 as Document #201100016731, records
of Flathead County, Montana.
22. Terms and provisions contained in Resolution No. 5129B, regarding amendment to the Kalispell
Growth Policy 2020 to be known as the Highway 93 North Growth Policy Amendment, recorded
August 11, 2006 as Document #200622308320, records of Flathead County, Montana.
23. Terms and provisions contained in Resolution No. 5167, regarding zoning and annexation to the
City of Kalispell, Montana, recorded December 18, 2006 as Document #200635215490, records
of Flathead County, Montana.
24. Petition to annex and notice of withdrawal from rural fire district, recorded December 18, 2006 as
Document #200635215500, records of Flathead County, Montana.
25. Terms and provisions of Deed Transferring Water Rights, recorded September 15, 2009 as
Document #200900026425, records of Flathead County, Montana.
File No.: 62582
MT Subdivision Guarantee STEWART TITLE
Page 3 of 4 GUARANTY COMPANY
MT Subdivision Guarantee 14
Survey/Plat, when recorded, must be in compliance with the provisions of the Montana Subdivision and
Platting Act, 1973, (Sections 76-3-101 M.C.A. through 76-3-614 M.C.A.) and the regulations adopted
pursuant thereto.
Easements, conditions and restrictions as disclosed or to be disclosed on proposed Survey/Plat to be
recorded prior to or as part of this transaction.
File No.: 62582
MT Subdivision Guarantee STEWART TITLE
Page 4 of 4 GUARANTY COMPANY
STG Privacy Notice
Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty
Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a
non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. (We do not control
their subsequent use of information, and suggest you refer to their privacy notices.]
SHARING PRACTICES
Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company,
1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
File No.: 62582 Page 1
Revised 11-19-2013
Reasons we can share your personal information.
Do we share
Can you limit this sharing?
For our everyday business purposes— to process your
transactions and maintain your account. This may include running the
business and managing customer accounts, such as processing
Yes
No
transactions, mailing, and auditing services, and responding to court
orders and legal investigations.
For our marketing purposes— to offer our products and services to
Yes
No
you.
For joint marketing with other financial companies
No
We don't share
For our affiliates' everyday business purposes— information
about your transactions and experiences. Affiliates are companies
related by common ownership or control. They can be financial and
Yes
No
non -financial companies. Our affiliates may include companies with a
Stewart name; financial companies, such as Stewart Title Company
For our affiliates' everyday business purposes— information
No
We don't share
about your creditworthiness.
For our affiliates to market to you —For your convenience,
Yes
Yes, send your first and last name, the email
Stewart has developed a means for you to opt out from its affiliates
address used in your transaction, your
marketing even though such mechanism is not legally required.
Stewart file number and the Stewart office
location that is handling your transaction by
email to optout@stewa
How often do the Stewart Title Companies notify me
We must notify you about our sharing practices when you request a
about their practices?
transaction.
How do the Stewart Title Companies protect my
To protect your personal information from unauthorized access and use, we
personal information?
use security measures that comply with federal law. These measures
include computer, file, and building safeguards.
How do the Stewart Title Companies collect my
We collect your personal information, for example, when you
personal information?
request insurance -related services
■ provide such information to us
We also collect your personal information from others, such as the real
estate agent or lender involved in your transaction, credit reporting agencies,
affiliates or other companies.
What sharing can I limit?
Although federal and state law give you the right to limit sharing (e.g., opt out)
in certain instances, we do not share your personal information in those
instances.
STG Privacy Notice 2 (Rev 01/26/09) Independent Agencies and Unaffiliated Escrow Agents
WHAT DO/DOES THE Main Office DO
WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Main Office, and its
affiliates (" N/A "), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as Main Office, need to share customers' personal information to run their everyday business —to
process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers'
personal information; the reasons that we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information
Do we share?
Can you limit this sharing?
For our everyday business purposes— to process your transactions and
maintain your account. This may include running the business and managing
Yes
No
customer accounts, such as processing transactions, mailing, and auditing services,
and responding to court orders and legal investigations.
For our marketing purposes— to offer our products and services to you.
Yes
No
For joint marketing with other financial companies
No
We don't share
For our affiliates' everyday business purposes— information about your
transactions and experiences. Affiliates are companies related by common
ownership or control. They can be financial and non -financial companies.
Yes
No
For our affiliates' everyday business purposes— information about your
No
We don't share
creditworthiness.
For our affiliates to market to you
Yes
No
For non -affiliates to market to you. Non -affiliates are companies not related by
No
We don't share
common ownership or control. They can be financial and non -financial companies.
We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a
non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. Me do not
control their subsequent use of information, and suggest you refer to their privacy notices.]
Sharing practices
How often do/does Main Office notify me
We must notify you about our sharing practices when you request a transaction.
about their practices?
How do/does Main Office protect my
To protect your personal information from unauthorized access and use, we use
personal information?
security measures that comply with federal and state law. These measures
include computer, file, and building safeguards.
How do/does Main Office collect my
We collect your personal information, for example, when you
personal information?
• request insurance -related services
• provide such information to us
We also collect your personal information from others, such as the real estate
agent or lender involved in your transaction, credit reporting agencies, affiliates
or other companies.
What sharing can I limit?
Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances, we do not share your personal information in those instances.
Contact Us If you have any questions about this privacy notice, please contact us at: Main Office, 211 South Main
Street, Kalispell, MT 59901
File No.: 62582 Page 1 of 1
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OCT 3 0 2015
Montana Department
of Environmental Duality %w D
BY:
October 27, 2015
Stephanie Reynolds, PE
48 North
151 Business Center Loop, Suite A
Kalispell, MT 59901
Re: City of Kalispell — PWSID#MT000259
Owl View Townhomes at West View Estates — Water & Sanitary Sewer Main Extensions
EQ#16-1265 Approval
Dear Ms. Reynolds:
Thank you for the plans and specifications and engineering report for the proposed water and sewer main
extensions associated with the Owl View Townhomes in Kalispell, received September 22, 2015, under
the Professional Engineer's seal of Stephanie A. Reynolds, #128574PE. The proposed water and sewer
extension was reviewed in accordance with Circular DEQ-1 design standards, 2014 Edition and Circular
DEQ-2 design standards, 2012 Edition. City of Kalispell approval was received on October 12, 2015.
The Owl View Townhomes development received approval of the Municipal Facility Exclusion on October
26, 2015. As such, the City of Kalispell is responsible for the on -site storm water runoff review within this
development.
The plans and specifications for the water and sanitary sewer mains proposed in Gunnar Drive
received September 22, 2015, are hereby approved. One copy of the plans and specifications bearing
the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained
as Department Record.
The project proposes to convert three existing single family residential lots into six townhome lots.
Each lot will have service connections from existing water and sewer mains in Taelor Road.
Overall, the water main extension includes installation of: approximately 180 feet of 8-inch
diameter water main (C900 PVC CL150), one gate valve, one fire hydrant assembly and one
connection to existing water main located near the intersection of Taelor Road and Gunnar Drive.
Overall, the sanitary sewer extension includes installation of: approximately 160 feet of 8-inch
diameter gravity sanitary sewer main (SDR 35 PVC), one precast manhole and one connection to
existing sanitary sewer main near the intersection of Taelor Road and Gunnar Drive.
Fire hydrant flow testing and modeling in the vicinity indicated an equivalent 3200 gpm fire flow
at 20 psi available at the proposed hydrant, exceeding the requirement of 1500 gpm hydrant
flow rate.
Steve Bullock, Governor I Tom Livers, Director 1 655 Timberwolf Parkway Suite 3 1 Kalispell, MT 59901-1215 1 (406) 755-8985 1 www.deq.mt.gov
City of Kalispell — PWSID#MT000259
Owl View Townhomes at West View Estates — Water & Sanitary Sewer Main Extensions
EQ#16-1265 Approval
October 27, 2015
Page 2 of 2
Approval is given with the understanding that any deviation from the approved plans and specifications
will be submitted to the Department for reappraisal and approval. The project may not be placed into
service until the project engineer or designer certifies by letter to the Department that the activated
portion of the project was constructed in substantial accordance with the plans and specifications
approved by the Department and there are no deviations from the design standards other than those
previously approved by the department. Within 90 days after the completion of construction, a
complete set of certified "as -built" drawings must be signed and submitted to the department.
It is further understood that construction will be completed within three years of this date. If more than
three years elapse before completing construction, plans and specifications must be resubmitted and
approved before construction begins. This three-year expiration period does not extend any compliance
schedule requirements pursuant to a Department enforcement action against a public water or sewage
system.
Department approval of this project covers only those portions of the plans and specifications that are
subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the
Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items
found within the plans and specifications that are outside of the Department's review authority,
including but not limited to: electrical work, architecture, site grading or water and sewer service
connections.
Thank you for your efforts regarding this submittal. If you have any further questions, please contact meat
(406) 755-8979 or egillespie(a-)-mt.gov
Sincerely,
Emily J. Gil,lespie, P.E.
Public W61 Supply and Subdivisions Bureau
Copies: Owl Corporation, 500 Palmer Drive, Kalispell, MT 59901
Keith Haskins, City of Kalispell Public Works
Wendee Jacobs, Flathead County Environmental Health
MDEQ Plan Review File
04/15/2016 03:16 4067585519 PLAT ROOM PAGE 01/01
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: Sands Surveying
FOR: Owl Corporation DATE P1011/2015 1
DESCP : Owl View Townhomes
on Tr 5 in 25-29-22
YEARS
2011 thru 2014
PURPOSE; Plat
ASSESSOR #
0006861
0417700
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,
APR 2 7 201(
PUBLIC WOR-_"_K
October 12, 2015
Stephanie Reynolds, PE
48 North, P.C. Civil Engineering Services
151 Business Center Loop, Suite A
Kalispell, MT 59901
Re: Owl View Townhomes at West View Estates
Stephanie,
The revised construction drawings, design reports, and other included submittals received
September 22, 2015; the deviation requests received October 1, 2015; and the infiltration
trench calculations received October 7, 2015 for the Owl View Townhomes at West View
Estates are hereby approved contingent on the following items:
1. Prior to Final Plat, record drawings of the approved plans shall be submitted in both hard
copy and digital formats. The coordinate systems used in the record drawings shall be
Montana State Plane - International Foot for horizontal coordinates with corresponding
elevations in NAVD 88.
2. A deviation to the stormwater system setback as defined in Section 4.7.5.III.a.vi is
approved contingent upon the available protection and offset provided by the proposed
stormwater easement. Any changes or modifications to the proposed location of the
underground detention or the stormwater easement shall be submitted to this department
for review and approval prior to construction.
3. A deviation to the required drop through structures (junctions) as defined in Section
4.8.5.VIII.a is approved.
4. A deviation to the required minimum orifice size of 3 inches in the outlet structure as
defined in Section 4.7.4.B.I.b is approved. Contingent upon approval of this deviation, the
property owner(s) or HOA shall be deemed responsible for additional maintenance
requirements to clean the orifice as necessary to keep the system working as designed.
5. A deviation to the minimum stormwater pipe size of 12 inches as defined in Section
4.8.5.C.IV.a is approved between the flow control structure and the existing catch basin
in Taelor Road. An 8 inch pipe shall be used to match the existing downstream pipe in this
single location.
201 IS` Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831
www.kalispeii.com
6. The joints on the piping for the underground detention system shall be water tisght as
indicated on Sheet 10 of the plans.
Approval does not relieve you, nor the contractor from designing or constructing this project
in accordance with the standards currently in effect. Modification to these approved plans
shall be submitted and approved by this department prior to construction. If more than 18
months lapse before completing construction, plans and specifications must be resubmitted
and approved before construction continues.
Please contact Mark Crowley at 249-2485 to set up a pre -construction meeting prior to
beginning construction. At project completion, please provide the City with record drawings.
We look forward to working with you on this project.
Sincerely,
Keith Haskins, PE
Senior Civil Engineer
406-758-7727
cc: Emily Gillespie, PE, Montana Department of Environmental Quality
Mark Crowley - City Construction Manager
Page 2 of 2
2011'r Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406) 758-7831
www.kalispell.com
Stephanie Reynolds, PE
Project Engineer
WGM Group
151 Business Center Loop, Suite A
Kalispell, MT 59901
June 15, 2016
Re: Owl View Townhouses Subdivision
Dear Stephanie,
Our office is in receipt of the submittals dated June 10, 2016. They include the Record
Drawings, engineering certification, costs and quantities tabulation and other required items.
The Public Works Department herewith accepts the construction of the subdivision
improvements.
Thank you for your help in bringing this project to completion.
Professionally,
Keith Haskins, PE
City Engineer
LlAvffel LVA I
PLANNING SURVEYING ENGINEERING DESIGN IS R O
June 7, 2016
City of Kalispell Public Works Department
Attn: Mark Crowley
201 15t Avenue East
Kalispell, MT 59901
RE: Owl View Townhomes at West View Estates
EQ#: 16-1265 Water and Sanitary Sewer Main Extensions
Project Certification
Dear Mr. Crowley,
On 5/3/16 a walk-through inspection was performed for the above referenced project.
Representatives from Sandry Construction, the City of Kalispell Public Works Department, and
WGM Group, Inc. were in attendance and participated in the walk-through. The punch list
items that were generated have now been addressed.
WGM Group, Inc. certifies the water, sewer, storm, roads, and grading improvements have
been completed in substantial conformity with the approved 48 North, P.C. construction plans
and specifications dated 11/5/2015 and approved construction modifications. If you have any
questions, please feel free to email me at sreynolds@wgmgroup.com or give me a call me at
(406) 756-4848.
Sincerely,
WGM Group, Inc.
Stephanie A. Reynolds, P.E.
Project Engineer
Cc: MDEQ / EQ# 16-1265 — Emily L. Gillespie
File
E 9annn— A1199n11I A. MT 59902
11 ZD6 72F3.461 I FAx; 406.728-2476-11—GMGRGUP.CC3.
KALISPELL FIRE DEPARTMENT
Dave Dedman — Fire Chief PO Box 1997
Jon Campbell — Assistant Fire Chief ��� • 312 First Avenue East
Cec Lee — Executive Secretary Kalispell, Montana 59901
Phone: (406) 758-7760
FAX: (406) 758-7777
Wednesday, June 15, 2016
Stephanie Reynolds, P.E.
WGM Group
151 Business Center Loop, Suite A
Kalispell MT, 59901
Re: Owl View Townhomes
Dear Stephanie,
After review of the submitted plans for the Owl View Townhomes project I find that hydrant
specifications, spacing and fire department access to meet requirements as outlined.
Sincerely,
Dave Dedman, Fire Chief
City of Kalispell
"Protecting our community with the highest level of professionalism. "
Eric H. Mulcahy
From:
Fred Bicha <fbicha@kalispell.com>
Sent:
Monday, May 02, 2016 3:23 PM
To:
Eric H. Mulcahy
Subject:
RE: Street Trees - Owl View Townhomes
Correct I have 2 %" trees planted at $400 each plus a 5% admin fee for a total of $420/tree. Nice trees would fit nicely.
Thanks,
Parks Superintendent
Kalispell Parks and Recreation
P.O. Box 1997
Kalispell. MT 59903
(406) 758-7716 Office
(406) 758-7719 Fax
http://www.kzalispell.com/parlgs and recreation/
•
o- D
lispe ran
From: Eric H. Mulcahy[mailto:eric@sandssurveying.com]
Sent: Monday, May 02, 2016 3:20 PM
To: Fred Bicha <fbicha@kalispell.com>
Subject: Street Trees - Owl View Townhomes
Hi Fred,
As we discussed today in your office, the Owl View Townhome Plat will need 9 street trees with the current price of
$420.00 a tree. Would you please confirm these figures so that I can document our conversation for the Planning Office
and provide the correct cash amount with the Final Plat application. Thank you for your time this afternoon.
Eric H. Mulcahy, AICP
Sands Surveying, Inc.
2 Village Loop
Kalispell, MT 59901
Ph. (406) 755-6481
Fax (406) 755-6488
Kalispell Area Office
85 Fifth Avenue East North
PO Box 7308
Kalispell, MT59904-0308
August 2, 2006
Owl Corporation
500 Palmer Drive
Kalispell, MT 59901
Subject: Tem orar Access Approval — West View Estates
Secondary 548 — 1,094' East of Stillwater Road
The construction of your temporary access has been inspected and approved with the
following conditions and comments.
• The natural drainage at this location flowed from the MDT right of way onto
private property on the east side of this driveway. This natural drainage must be
maintained.
• This is only a temporary access. A new approach and turn bay designed in
conjunction with Glacier High School's turn bay must be reviewed, approved and
constructed prior to the opening of the new high school.
• The clear vision triangle meets MDT standards.
cc�-Q
Clay Colby
Maintenance Superintendent
751-2014
copies: Stephen L. Herzog
Dennis Oliver
Area File
Phone: (406) 751-2000 - - - - - - TTY: (800) 335-7592
Fox: (406) 752-5767 web Page: www,mdt.mt.gov
Q.vo re-s-ID: 112A Revised 3YI0199
-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) RENTAL. Rental shall be NONE
3) REVOCATION. This permit may be revoked by State upon giving thirty 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.
4) COMMENCEMENT OF WORK. No work shall be commenced until Permittee notifies the District Administrator, shown in
application, when he proposes to commence work.
5) 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.
6) 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, its/his 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.
7) PROTECTION OF TRAFFIC. Insofar as the interests of the State and the travelling public are concerned, all work performed
under this permit shall be done under the supervision of the District Administrator of the Department of Transportation and his
authorized representatives, and he/they shall indicate barriers to be erected, the lighting thereof at night, placing of flagmen
and watchmen, manner in which traffic is to be handled, and shall specify to Permittee how road surface is to be replaced if it is
disturbed during operations, but said supervision shall in no way operate to relieve or discharge Permittee from any of the
obligations assumed by acceptance of this permit, and especially those set forth under Section 6 thereof.
8) 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.
9) RUBBISH AND DEBRIS. 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.
10) 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.
11) 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 State's work, and the State shall in no wise 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.
12) 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 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.
13) 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.
14) 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.
15) 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.
16) OTHER CONDITIONS AND/OR REMARKS.
a. All approach side slopes will be constructed on 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 6 months from date of issue.
d. See attached sheet for additional restrictions.
<y
Dated at Kalispell Montaa:_ thls 1 yL de .- • ._� , 2006 .
The undersigned, the "Permittee" mentioned in the aforegoing instrument, DEPARTMENT OF TRANSPORTN
hereby accepts this permit, together with all of the terms and conditions j
set forth therein. By:
District Administrat L'
Permittee
One copy of permit to District Administrator for file
- One copy of permit to Applicant
Completed Approach Inspected b
Date
Title
Q:MTC:
QAWC-ST D.112A
eViScd�!1 / r
STATE OF MONTANA — DEPARTMENT OF TRANSPORTATION
HELENA, MONTANA 59620-1001
DRIVEWAY APPROACH APPLICATION AND PERMIT
- To be filled in,by Department of Transportation Personnel —
F.A. ROUTE NO.: S 548 ` APPROACH STATION:. 1,094' East of Stillwater Rd.
DISTRICT:Missoula NO.: 1201 MILEPOST: ` 3.3
COUNTY: Flathead PROJECT: No Plans
DRAINAGE AS DETERMINED BY DEPT. OF TRANSPORTATION: 42' Plus Two 8' RACET's
Type: CMP Size: 18" Length: 69' Total Length
Approach Recommended by Date Approaq la'lication Date
District Traffic Engineer or Approv d by
Traffic Unit District Administrator
APPLICANT (Property Owner) Temporay Access Only
Name: Owl Corporation Phone: 752-5666
Address: 500 Palmer Drive, Kalispell, MT 59901
herein termed the applicant, requests permission to construct approach(es) described and shown on
attached plot plan or plan and profile and hereby made a part of this application.
Please indicate if permits or approaches are required from units of government other than the Department of
Transportation. Write the number of permits required in the box:
❑ Federal Government ❑ State ❑ County ❑ City ® NIA
Private: xx Public:
Use of Property or Facility: Tern ora Access far Residential Lots Until Glacier H. S. Opens
Residerx e, Trailer Court, Gas Station, Field Access,
Type of Business, etc.)
LOCATION:
City or Town: Kalispell
(If rural, direction & approx. distance from nearest
city or town)
Street Name, if any: S 548
ROADWAY OR HIGHWAY: 55 MPH
Sight Distance: Left: 875' Right: 875'
Surfacing: Asphalt Width:
24'
APPROACH: New - Temporary Residential Access - New Turn Bay must be constructed before Glacier
High School Opens.
Estimated number of trips per day:
Width: 32' Flare: 25' w1 slip Side of Roadway: North
ramp (N, E, S, W)
DRAINAGE: See above as determined by Department of Transportation.
INSTRUCTION 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 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 Manager, Traffic Unit 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.
__ Montana Department of Transportation Jim Lynch Director
serving yuu sviCh giritle
Kalispell Area Office
Brian Schweitzer; Governor
85 Fifth Avenue East North
PO Box 7308
Kalispell, MT 59904-0308
June 4, 2009
Eric Mulcahy
Sands Surveying, Inc.
2 Village Loop
Kalispell, MT 59901
Subject: West View Estates
Taelor Road Access — Secondary 548 MP 3.3
This letter is in regards to the Taelor Road access, which is a now a city street, from
Secondary 548 for West View Estates development.
A temporary approach permit was issued by the Montana Department of Transportation
(MDT) for this access in 2006 with the stipulation for turn lanes to be constructed in
conjunction with the Glacier High School for mitigation of traffic impacts.
MDT's Reserve Loop construction project on Secondary 548 included all needed traffic
mitigation measures. Thus the access is acceptable and the developer has no other
required improvements regarding this access.
Feel free to contact me if you have any questions
James M. Freyholtz, P.E.
Kalispell Area Traffic Engineer
(406) 751-2066
copies: File
Phone: (406) 751-2000 An Equal Opportunity Employer
TTY. (800) 335-7592
Fax: (406( 752-5767 Web Page: www.mdt.mt.gov
r � � .ail
-U&)yf .
July 31, 2005
Owl Corporation
500 Palmer Drive
Kalispell, MT 59901
FLATHEAD COUNTY
ROAD AND BRIDGE
DEPARTMENTS
1249 WILLOW GLEN DRIVE
KALISPELL, MT 59901
Phone: (406) 758-5790
Fax: (406) 758-5794
RE: West View Estates Subdivision
Dear Mark or Lee:
The approach for West View Estates Subdivision onto Stillwater Road has been
inspected and meets the requirements of the preliminary application. The clear
vision triangle meets with the approval of the Flathead County Road Department;
this is a requirement for the Kalispell Subdivision Regulations.
If you have any further questions please feel free to call.
Si e ely,
Patti Vernarsky
ROW Specialist
liLAl'HEAD COUNTY APPRUAC;H PERMll
AE- , 14
_5�4bj i Uisic)K Permit]
(Insert Nature of Permit; i.e. Residential, Subdivision, Agricultural, Industrial Etc)
NOTE: PERMITS WILL NOT BE APPROVED WITHOUT ALL OF THE PROPER
DOCUMENTATION THAT IS TO ACCOMPANY THIS PERMIT
Zs"u -
1. Name of Applicant: o w L_ccE. Phone No.: V64 -�
If Business or Corporation please provide contact name: a 2 K e n S
2. Mailing Address (Pius City, State & Zip): 1 1
q o
3. Property Address of Approach: XxA 5 -r 5 o u•t 2(= .Tn k S o 1, fit fb-
(Obtained from the Plat Room)
4. Area Zoning Regulations: Yes - jq_--_1— No . If yes, Attach Regulations and Classificati
Planning & Zoning Representative Signature and Date:
5. Give description at or near which installations or structures will be installed.
a. Provide area map with directions to location, plus a COS map or plat map of property.
b. LEGAL: Section: Township: aq h , Range: ';1 a Uj ,
6. For how long a period is the permit desired: E j-Q12rt% ry
7. Remarks:
8. Application Fee:
Check No. 3 7S' , Receipt No. 02
4. Location must be flagged with address posted for pre -construction inspection.
10. Reseed: All right-of-way disturbed by the utilization of this encroachment must be reseeded according t
the specifications of the Flathead County Weed Dept. Contact the Weed Department for area informatii
and specifications.
11. APPROVED APPROACH PERMITS -THE CONSTRUCTION MUST FOLLOW THE
SPECIFICATIONS AND GUIDELINES THAT ARE REQUIRED ON T-HE FOLLOWING PAG
12. The Road Department is to be notified upon completion of work for scheduling of inspection.
R INSTRUCTIONS CONCERNING USE OF THIS FORM
Applicant will complete this form and transmit it to the Flathead County Road Department. This applica
is for all encroachments on or thru County right-of-way. When applicant has signed both sides of
application and application is approved, a copy will be made available to applicant. See reverse side for
additional rules and regulations.
PERMITTEE
Applicant
Applicant
3
Dat
FLAT rYXOAY'DEPT
C
1 77",
L/
Authorized ep sentative
fi the Date
7-3)-o�
Approve -Post Inspection Date
BOARD OF COMMISSIONERS
Chairman Dat
Coruniissio�n er Dat
Con3inlsSioner Dat
"Serving Northwest Montana for over 40 Years "
April 14, 2015
Mark Owens
Village Properties
500 Palmer Drive
Kalispell, MT 59901
RE: Proposed — Owl View Townhomes at West View Estates, Accessing Taelor Road,
Kalispell, Montana
Attn: Mark Owens
This letter is to notify you that Evergreen Disposal is the private waste hauler for the above
referenced properties. We do have adequate equipment and manpower to handle the waste
from this proposed subdivision, and will provide containers ranging from a household 90 gallon
bin up to a 6 yard metal bin with weekly service as requested by each resident.
Please let me know if you have any questions.
Sincerely,
Cindy Owens
Office Manager
Evergreen Disposal
Attachment: Site Development Plan — Owl View Townhomes
PO Box 7158 • 55 West Valley Drive • Kalispell, MT 59901 • 406-257-1739 • Fax: 406-257-1741 • www.evergreengarbage.com
EXHIBIT A
A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22
WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO WIT:
Commencing at the southwest corner of the Southwest Quarter of the Southwest Quarter of
Section 25, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana; Thence
along the west boundary of said SWl/4SWI/4 N00°06'40"W 579.34 feet; Thence N89°59'11"E
663.36 feet to a set iron pin and THE TRUE POINT OF BEGINNING OF THE TRACT OF
LAND HEREIN DESCRIBED; Thence continuing N89°59'11"E 257.72 feet to a found iron pin;
Thence S00°00'23"W 360.00 feet to a found iron pin on the south R/W of a 60 foot road and
utility easement; Thence along said R/W N89°59'11"E 130.03 feet to a found iron pin and the
P.C. of a 20.00 foot radius curve, concave southwesterly; Thence along a curve to the right,
through a central angle of 90'01'12", for an arc length of 31.42 feet to a found iron pin on the
westerly R/W of a 60 foot city street known as Taelor Road; Thence along said R/W
S00°00'23"W 29.97 feet to a found iron pin and the P.C. of a 44.00 foot radius curve, concave
northwesterly; Thence along a curve to the right, through a central angle of 23°33'23", for an arc
length of 18.09 feet to a found iron pin and the P.R.C. of a 76.00 foot radius reverse curve,
concave southeasterly (radial bearing S66°26'14"E); Thence southwesterly along a curve to the
left, through a central angle of 23°33'23", for an arc length of 31.25 feet to a found iron pin;
Thence continuing and leaving said R/W S00°00'23"W 123.79 feet to the south boundary of said
SWl/4SW1/4; Thence along said south boundaryN89°53'02"W 391.72 feet; Thence leaving
said south boundary N00°00'23 "E 580.84 feet to the point of beginning and containing 4.082
ACRES; Subject to and together with utility and road easements as shown here on; Subject to
and together with county roads as shown here on; Subject to and together with all appurtenant
easements of record.