PUD/Development Agreement20OG2,54+o-,*b fqqq -.
ORDINAANCE NO, 1530
AN ORDI ANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING.- ` ; CITY F s Y.r-
KALISPELL ZONING- ORDINANCE, (ORDINANCE NO, 1460)9 BY ZONING CERTAIN
REAL PROPERTY AS MORE PARTICULARLY DESCRIBED ON EXHIBIT 46A99,
LOCATED IN SECTION 13, TOWNNSHIP 28 NORTH, RANGE 22 WEST, P,M,M.,
FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN
RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL), WITH A PLANNED
UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL
� R Q. OWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
„ a WHEREAS, Lone Pine Development, LLC, the owner of the property described above, petitioned
CV the City of Kalispell that the zoning classification attached to the above described
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tract of land be zoned R- 2, g y
Single Family Residential with a Planned Unit
7 Development overlay on approximately 23.16 acres of land, and
C( %% WHEREAS the property is located south of Fo s Lake Road and west of Valle View Drive and
p p y y Y s
WHEREAS, the petition of Lone Pine Development, LLC was the subject of a report compiled by
the Tri-City Planning office Staff Report # A-05-31 KPUD-05-1 in which the Tri-
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City Planning office evaluated the petition and recommended that the property as
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described above be zoned R-2, Single Family Residential with a Planned Unit
Development overlay, and
WHEREAS, the .Kalispell City Planning Board held a Public Hearing on the matter on March 8,
2005, and recommended that the initial zoning be City R-2, Single Family
Residential with a Planned Unit Development overlay, upon annexation to the City of
Kalispell, and
WHEREAS after considering all the evidence submitted n h �- g o the proposal to zone the property as
described R-2, Single Family Residential with a Planned Unit Development overlay,
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ell Growth
the City Council finds such initial zoning to be consistent with the Kalil
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o �
Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608,
M.C.A., and State, Etc. v. Board of County.. Commissioners-1- Etc. 590 P2d 602, the
Q findings of fact of TCPO as set forth in Staff Report No. A-05-31 KPUD-05-1.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IALIS PELL, AS FOLLOWS
SECTION 4� I. Section 27.02.010, of the official Zoning Map of the Kalispell Zoning
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�n CA Ordinance, (Ordinance No. 1460) is hereby amended by designating the
`11 property described above as R-2, Single Family Residential with a Planned
Va� p p y g y
�A cz� Unit Development overlay on approximately 23.16 acres.
SECTION II. The Planned Unit Development proposed by Lone Pine Development, LLC
upon the real property described above is hereby approved, subject to the
following conditions:
2006254 1 �L Mr U
1. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations,
Appendix C --- Final Plat)
2. That covenants, conditions, and restrictions for the subdivision shall be amended to reflect a
provision for the private conservation and maintenance of common areas and the private
internal roadways that are proposed for the townhouses. Setbacks for the townhouses accessed
via an interior street shall be measured from the edge of the roadway and shall be 20 feet in the
front and rear and five feet on the sides with the exception of the zero lot line required to
achieve the townhouse configuration. (Site Development Review Committee)
3. At the time of final plat a provision shall be made for the pro-rata share of ownership of the
common area for taxation purposes.
4. That the development of lots in the PUD shall be subject to architectural review as outlined in
the application and supporting materials and a letter be submitted to the Kalispell Site
Development Review Committee from the Architectural Review Committee of the
homeowners association prior to the issuance of a building permit. (Site Development Review
Committee)
5. That permits be obtained from the Flathead Conservation District, Montana Department of
Natural Resources and the Montana Department of Environmental Quality for work done along
the creek channel or a letter from those agencies stating that the scope of work does not require
permitting. (FCCD / DNRC)
6. That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision
Regulations. A letter shall be obtained stating that they have been reviewed and approved by
the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design
Standards, Section 3.01).
7. That an easement shall be obtained from the adjoining property owner to the east granting the
right to develop the proposed 60 foot right-of-way or other demonstration of property
acquisition for road and utility purposes and once completed dedicated to the City of Kalispell
as a public roadway. (Kalispell Subdivision Regulations, Section 3.08 (A)).
S. That a minimum 10-foot buffer shall be established between the northern tier of townhouses
and the property boundary to provide screening and buffering for the properties to the north and
that a minimum 10-foot buffer shall be established on the lots on the southwest portion of the
subdivision and the property boundary to provide screening and buffering for the properties to
the southwest. This shall be in the form of berming, landscaping, fencing, or a combination
thereof. These improvements are to be coordinated with the Kalispell Public Works
Department and the Parks and Recreation Department.
9. The following requirements shall be met per the Kalispell Fire Department: Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2003) Appendix B.
20062,54 l �a (4 ( 0
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code (2003)
Chapter 5.
d. Secondary emergency vehicle access shall be provided in accordance with International Fire
Code (2003) Chapter 5 and Kalispell Subdivision Regulations.
e. It should be noted that hazardous weed abatement shall be provided in accordance with City
of Kalispell Ordinance 10-8.
f. Street naming shall be approved by the fire department.
10. That a letter be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision
Regulations, Section 3.11).
11. That the area designated on the plat as "park" shall meet the requirements for parkland
dedication and shall be developed in accordance with a plan approved by the Kalispell Parks
and Recreation Director that provides recreational amenities including but not limited to
pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational
component within the development and not simply left as passive open space. (Kalispell
Subdivision Regulations, Section 3.19).
12. That a detailed floodplain study be completed and accepted by FEMA determining the base
flood elevation for the floodplain area within the subdivision. No lots that are within 100 feet
of the 100 year floodplain as currently indicated on the FIRM panels shall be platted prior to the
completion and acceptance of the study area. Alternatively, the developers may obtain a
LOMA or other documentation from FEMA stating that the property is not in the 100 year
floodplain, whichever is applicable and required by that agency.
13. That a floodplain development permit be obtained from the City of Kalispell after the FEMA
study has been completed and accepted for the proposed creek crossing.
14. The roads 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. (Kalispell Subdivision
Regulations, Section 3.09).
15. That a 60 foot right of way be provided between the subdivision and Learn Lane to allow for a
through access.
16. An approach permit be obtained from the Flathead County Road Department for the new
approach off of Valley View Drive and access from Learn Lane and any improvements to those
roadways required by the County be completed prior to final plat submittal. A letter from the
Flathead County Road Department shall be submitted with the final plat stating that a post
construction inspection has been done or that the proposed bonding for improvements is
acceptable.
17. That a note be placed on the face of the final plat that waives protest to the creation of a special
improvement district for the upgrade of roads in the area to City standards which may be
impacted by this development.
xu0bZ54 17D`VLV
18. At the time of pre -construction review the developer shall demonstrate that an easement or
property has been acquired to develop the proposed roadway across private property off -site to
the east that connects to Valley View Drive and that the easement encompasses the nature and
intensity of the use that will result from the development of the subdivision. (Kalispell
Subdivision Regulations 3.08)
19. The developer shall provide a letter from the Z.J.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
20. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L)).
21. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
22. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
23. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
24. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terns, conditions and provisions of
approval. The final plan as approved, together with the conditions and restrictions imposed,
shall constitute the Planned Unit Development (PUD) zoning for the site.
25. That preliminary plat approval for the first phase of the planned unit development shall be valid
for a period of three years from the date of approval with an automatic three-year extension as
each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision
Regulations, Section 2.04).
SECTION III. The balance of Section 27.02.010, official Zoning Map, City of Kalispell
Zoning ordinance not amended hereby shall remain in full force and effect.
SECTION IV. This ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL. AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 18TH ]
ATTEST:
Theresa White
City Clerk
20062S4 15 q ( b
PLANNED UNIT DEVELOPMENT AGREEMENT
LONE PINE TRAILS fk.a. LONE PINE ESTATES
THIS AGREEMENT, made as of the 15th day of Au st, 2006, by Lone Pine
Development, LLC, a Montana Limited Liability Company, of 144 E Second St., Whitefish, Mt
59937, hereinafter LONE PIKE DEVELOPMENT, LLC, and the City of Kalispell, a municipal
corporation, of 312 1st Avenue East, Kalispell, Montana 59901, hereinafter CITY;
WITNESSETH
WHEREAS, LONE PINE DEVELOPMENT, LLC is the fee owner of certain real property
located in Kalispell, Flathead County, Montana, which is further described as
follows:
That portion of the Southwest 114 Southeast 1I4 Section 13, Township 28 North,
Range 22 West, Flathead County, Montana Described as follows.- Commencing at
the South II4 corner of Section13; thence along the South line of Section 13 North
89 °5 7 '48 " East 294.26 feet to the point of beginning; thence continuing along the
South line North 89 °5 7 '48 " Fast 1020.41 feet; thence North 0 °00 '23 " Vest
889.98 feet to the Southeast corner of Lot 11 as shown on instrument recorded in
Book 466, Page 498, records of Flathead County; thence along the South line of
those parcels shown on instrument recorded in Book 466, Page 498, records of
Flathead County South 89°34'25" West 1160.00 feet to the Easterly line of a
County Road; thence along the Easterly line South 6°30'00" West 586.62 feet;
thence South 79'06'10 " East 213.10 feet; thence South 0°42 '20 " West 258.89
feet to the point of beginning, containing 23.165 acres of rand.
Le al Description Lor 60 ' Access Easement to Lone Pine Trails Subdivision
An easement situated, lying and beginning in the SE114 of the SE114 of Section 13,
Township 28 North, Range 22 West, Principal Meridian, Flathead County,
Montana, and more particularly described as follows. -
Commencing at a point 33.69 feet South 00 005 '56 " West of the northwest corner
of Tract 2 as indicated on COS 16326 recorded in Flathead County, Montana to
the true point of beginning; thence South 00°00'23 " East for a distance of 87.15
thence North 43°30'01 " East for a distance of 137.19 feet; thence along a curve
PLANNED UNIT DEVELOPER'S AGREEMENT/LONE PINE TRAILS
Page 1. of 8
20OG254)5A0 0
to the .fast 56.72 feet, radius 70' with a delta angle of 46°25726 "; thence North
89 °48 '31 " East for a distance of 349.35 feet North 20001 '00 " rest for a distance
of 63. 78 feet; thence South 89°48'31 " West for a distance of 328.26 feet.- thence
along a curve to the Southwest 104.68 feet, radius 130 feet with a delta angle of
46°07'58 "; thence South 43°30'01 " West for a distance of 73. 98 feet Lack to the
true point of beginning.
and is hereinafter referred to as "Subject Property"; and
WHEREAS, LONE PINE DEVELOPMENT, LLC desires to have a Planned Unit
Development overlay (PUD) upon the subject property currently zoned as City R-
2 (Single Family Residential), that would allow some flexibility in setbacks, lot
coverage and lot size; and
WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements
within the "Subject Property", and prescribe the permitted uses therein, the parties
hereto determine it to be in their interests to enter into this Development
Agreement.
I. GENERAL INTRODUCTION
A. General. The use and development of the Subject Property shall substantially conform to
and comply with the provisions of the PUD Application filed by applicant and the
conditions contained within Kalispell City Resolution No. 4999 conditionally approving
the preliminary plat of the Lone Pine Development PUD and incorporated fully herein by
this reference.
B. Relationship to ,honing ordinance. Except as specifically modified or superseded by this
Development Agreement, the laws, rules and regulations of the City of Kalispell governing
the use and development of land and buildings, including the City of Kalispell zoning
Ordinance, shall apply to the Subject Property.
C. Drawings. The drawings comprising the Preliminary Plat and annexed to this Planned Unit
Development Agreement are an integral and essential component thereof, and they are
incorporated by reference herein.
D. Effectiveness and Cancellation. The provisions of this Planned Unit Development
Agreement shall become effective immediately and shall terminate upon the issuance of the
final building permit for development of the Subject Property. This Development
Agreement may be modified or amended only as set forth in Article IV hereof.
E. Certification Procedure. Whenever in this Planned Unit Development Agreement a
certificate by the Director of Public Works is required to be given, such certificate shall be
given within thirty (30) days of the receipt of a completed application. Such an application
shall be deemed to be complete upon receipt of such drawings and narrative information as
are reasonably necessary for the issuance of such certification.
PLANNED UNIT DEVELOPER'S AGREEMENT/LONE PINE TRAILS
Page 2 of 8
200GO'**40c,54 /5 yl LD
II. INFRASTRUCTURE AND IMPROVEMENTS
A. No building permit in respect to the building in any structure shall be issued by the
Building Department until the Director of Public works has certified to the Building
Department that the infrastructure improvements and roads as required herein substantially
conform to the Site Condition requirements contained in this Agreement and that said
improvements have been constructed or security guaranteeing the construction has been
received by the City.
B. For purposes of this Section, the "Security" required shall be in an amount equal to 125 %
of the developer's Licensed Engineer's estimate of the cost of constructing said
improvements.
C. The Subject Property, described in the recitals above, shall be developed with the
infrastructure improvements as described below.
III. DEVELOPMENT REQUIREMENTS
A. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the PUD as approved by the city council.
B. Covenants, conditions, and restrictions for the subdivision shall be amended to reflect a
provision for the private conservation and maintenance of common areas and the private
internal roadways that are proposed for the townhouses. Setbacks for the townhouses
accessed via an interior street shall be measured from the edge of the roadway and shall
be 20 feet in the front and rear and five feet on the sides with the exception of the zero lot
line required to achieve the townhouse configuration.
C. At the time of final plat a provision shall be made for the pro-rata share of ownership of
the common area for taxation purposes.
D. The development of lots in the PUD shall be subject to architectural review as outlined in
the application and supporting materials and a letter be submitted to the Kalispell Site
Development Review Committee from the Architectural Review Committee of the
homeowners association prior to the issuance of a building permit.
E. Permits shall be obtained from the Flathead Conservation District, Montana Department
of Natural Resources and the Montana Department of Environmental Quality for work
done along the creek channel or a letter from those agencies stating that the scope of
work does not require permitting.
F. The plans and specifications for all public infrastructure shall be designed and installed in
accordance with the Kalispell Design and Construction Standards and the Kalispell
PLANNED UNIT DEVELOPER'S AGREEMENT/LONE PINE TRAILS
Page 3 of 8
2006254 16LIJ 1)
Subdivision Regulations. A letter shall be obtained stating that they have been reviewed
and approved by the Kalispell Public Works Department.
G. An easement shall be obtained from the adjoining property owner to the east granting the
right to develop the proposed 60 foot right-of-way or other demonstration of property
acquisition for road and utility purposes and once completed dedicated to the City of
Kalispell as a public roadway.
H. A minimum 10-foot buffer shall be established between the northern tier of townhouses
and the property boundary to provide screening and buffering for the properties to the
north and the southwest. This shall be in the form of berming, landscaping, fencing, or a
combination thereof. These improvements are to be coordinated with the Kalispell
Public Works Department and the Parks and Recreation Department.
I. The following requirements shall be met per the Kalispell Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance
with International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by
this department, prior to combustible construction.
C. Fire Department access shall be provided in accordance with International Fire
Code (2003) Chapter 5.
d. Secondary emergency vehicle access shall be provided in accordance with
International Fire Code (2003) Chapter 5 and Kalispell Subdivision Regulations.
e. It should be noted that hazardous weed abatement shall be provided in accordance
with City of Kalispell ordinance 10-8.
f. S treet naming shall be approved by the fire department.
J. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk.
K. The area designated on the plat as "park" shall meet the requirements for parkland
dedication and shall be developed in accordance with a plan approved by the Kalispell
Parks and Recreation Director that provides recreational amenities including but not
limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a
recreational component within the development and not simply left as passive open
space.
L. A detailed floodplain study be shall completed and accepted by FEMA determining the
base flood elevation for the floodplain area within the subdivision. No lots that are
within 100 feet of the 100µyear floodplain as currently indicated on the FIRM panels shall
be platted prior to the completion and acceptance of the study area. Alternatively, the
developers may obtain a LOMA or other documentation from FEMA stating that the
PLANNED UNIT DEVELOPER'S AGREEMENT/LONE PINE TRAILS
Page 4 of 8
20OG254 / f5 L-)) 6)
property is not in the 100-year floodplain, whichever is applicable and required by that
agency.
M. A floodplain development permit shall be obtained from the City of Kalispell after the
FEMA study has been completed and accepted for the proposed creek crossing.
N. The roads 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.
0. A Go -foot right of way shall be provided between the subdivision and Learn Lane to
allow for a through access.
P. An approach permit shall be obtained from the Flathead County Road Department for the
new approach off of Valley View Drive and access from Learn Lane and any
improvements to those roadways required by the County be completed prior to final plat
submittal. A letter from the Flathead County Road Department shall be submitted with
the final plat stating that a post construction inspection has been done or that the
proposed bonding for improvements is acceptable.
�. A note shall be placed on the face of the final plat that waives protest to the creation of
special improvement districts for the upgrade of roads in the area to City standards which
may be impacted by this development.
R. At the time of pre -construction review, the developer shall demonstrate that an easement
or property has been acquired to develop the proposed roadway across private property
off -site to the east that connects to Valley View Drive and that the easement encompasses
the nature and intensity of the use that will result from the development of the
subdivision.
S. The developer shall provide a letter from the U.S. Postal Service approving the plan for
mall service.
T. Street lighting shall be located within the subdivision and shall be shielded so that it does
not intrude unnecessarily onto adjoining properties.
U. All utilities shall be installed underground.
V. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
W. All areas disturbed during development of the subdivision shall be re -vegetated with a
weed -free mix immediately after development.
PLANNED UNIT DEVELOPER'S AGREEMENT/LONE PINE TRAILS
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201DG2-54)51-)( D
IV. AMENDMENT OR. MODIFICATIONS of
DEVELOPMENT AGREEMENT
A. This Development Agreement may be amended or modified only, by application of the
owner, in accordance with the procedures set forth herein.
S. Application for amendment or modification may be made, to the City of Kalispell Site
Review Committee, by any fee owner of a parcel in respect to the Subject Property.
C. Modifications of this Development Agreement which are determined by the Site Review
Committee to be minor modifications shall require only the consent of the Site Review
Committee, and shall not require the consent or approval of the City Council or any other
public agency. All amendments and modifications to this Development Agreement other
than minor modifications shall require the approval of the City Council of the City of
Kalispell.
D. All applications for modification or amendment of this Development Agreement shall be
filed with the Site Review Committee and the Site Review Committee shall promptly
determine whether the modification is minor or major.
E. The Site Review Committee shall make its determination with respect to any application
for a minor modification subject to this Section within fifteen (15) days after it determines
the application to be subject to said minor modification.
F. If the amendment or modification requested is of such a nature as to require approval of the
City Council, the Site Review Committee shall refer the matter to the City Council within
fifteen (15) days after it determines the matter requires Council review.
G. The owner may appeal any decision of the Site Review Committee to the City Council,
who may affirm, reverse or modify the Site Review Committee decision.
V. MISCELLANEOUS
A. Effective Date. This Agreement shall be effective immediately and shall remain in full
force and effect until all parcels within the Subject Property are developed or May 16,
2008, whichever occurs first.
B. Severability. In the event that any provisions of this Declaration shall be deemed, decreed,
adjudged or determined to be invalid or unlawful by a court of competent jurisdiction, such
provision shall be severable and the remainder of this Agreement shall continue to be of
full force and effect.
C. Recordation. This Agreement shall be recorded along with the CC&R's with respect to the
subject property.
PLANNED UNIT DEVELOPER'S AGREEMENT/LONE PINE TRAILS
Page 6 of 8
2006254 15�i I D
D. Primacy. This Agreement constitutes the entire agreement between the parties and may
only be amended as set forth herein. In the event, during the term of this Agreement, there
is a variance between the provisions of this Agreement and the CC&R's, filed with respect
to the subject property, this Agreement shall take precedence.
E. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
respective parties heirs, successors and assigns.
A4JS►t
Dated this 15 day of.dtrfy, 2006.
LONE PINS DEVELOPMENT, LLC
by.
om ]Wafters; Manag g Member
CITY OF KALISPELL
B-
Jan s H. Patrick, City Manager
PLANNED UNIT DEVELOPER'S AGREEMENT/LONE PINE T'PAlL,S
Page 7 of 8
200C,2.54'- 15 410
STATE OF MONTANA
):ss
County of Flathead )
cx
On this day of 006, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared Tom Watters in his capacity as Managing Member of LONE
PINE DEVELOPMEN��,�� hat executed the foregoing instrument, and acknowledged to me
that he executed th 0���'f
��
RE F �,jftye hereunto set m hand and affixed m Notarial Seal the
IN WI E� WHE � , � y y
day and year ire written.SEMI
w
w
otary Public, State of Montana
�r O 1` t
� �� Residing a
rr�nsttt�t g
My Commission Expires :t .
STATE OF MONTANA )
):ss
County of Flathead )
On this day ofJul;f, 2006, before me, a Notary Public in and for the State of
Montana, personally appeared JAMES H. PATRICK, known to me to be the City Manager of the
City of Kalispell, a municipality, that executed the within instrument, and acknowledged that
such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act
of said municipality, for the uses and purposes therein set forth, and that he was duly authorized
to execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal,
the day and year first above written.
Notary Public, State of Montana
Residing at
My Commission Expir s
PLANNED UNIT DEVELOPER'S AGREEMENT/LONE PINE 1ir1 CS
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