2. Final Plat - Mountain Vista Estates Phase 3REPORT TO:
FROM:
SUBJECT
City of Kalispell
Planning Department
17 - 2"d Street East, Suite Z 1 1, Kalispell, Montana 59901
Telephone: (406) 751-- 1850
Fax: (406) 751- 1858
website: kalispellplanning.com
Kalispell Mayor and City Council
Nicole C. Johnson, Planner 1I
James H. Patrick, City Manager
Final Plat for Mountain Vista Estates Phase 3
MEETING DATE: April 7, 2008
BACKGROUND: This is a request for final plat approval of Mountain Vista
Estates Phase 3, a 40 lot residential subdivision comprised of 32 single-family
lots, 7 townhouse lots and 1 lot for a future fire station on approximately 9.74
acres located on the northeast side of the corner where Three mile Drive turns
into Farm. to Market Road. The property can be described as Tract 1 D located
in section 2, Township 28 forth, Range 22 west, Parcel A of Certificate of
Surrey # 16814, P. M . M . , Flathead County, Montana.
The Kalispell City Council approved this subdivision subject to 24 conditions
on February 7, 2005. Phase 1 was approved on June 5, 2006 and Phase 2 was
approved July 2, 2007. All of the conditions have been adequately met or
otherwise adequately addressed. A Subdivision Improvements Agreement (SIA)
along with one letter of credit and a cashier's check totaling $142,194.37 have
been submitted with this plat to address 125% of the cost to install
infrastructure including but not limited to final grading and paving for streets,
sidewalks and bike paths. The Kalispell Parks and Recreation Department has
been compensated for the remaining seeding and landscaping work. The
improvements are anticipated to be completed by June 3, 2O08.
RECOMMENDATION: A motion to approve the final plat for Mountain Vista
Estates Phase 3 and to accept the Subdivision Improvements Agreement would
be in order.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Nicole C. John on ames H. Patrick
Planner II City Manager
Report compiled: April 1, 2008
Attachments: Letter of transmittal
Final plat application and supporting documents
City of Kalispell
Planning Department
17 - 2n' Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
website: kalispellplanning.com
April 1, 2008
James H . Patrick, City Manager
City of Kalispell
P.D. Drawer 1997
Kalispell, MT 59903
Re: Final Plat for Mountain vista Estates Phase 3
Dear Jim:
This is a request for final plat approval of Mountain Vista Estates Phase 3, a 44 lot residential
subdivision comprised of 32 single-family lots, 7 townhouse lots and 1 lot for a future fire
station on approximately 9.74 acres located on the northeast side of the corner where Three
Mile Drive turns into Farm. to Market Road. Preliminary plat approval for this subdivision was
granted by the Kalispell City Council on February 7, 2005 as a three phase subdivision. Phase
1 was approved on June 5, 2006 and Phase 2 was approved July 2, 2007.
Approximately 74 percent of the improvements have been completed. Two minor areas of
development remain. Final grading and paving for streets, sidewalks and bike paths remain
and seeding and landscaping have yet to be completed. A Subdivision Improvements
Agreement (SIA) is included with the final plat request in the amount of $142,194.37 (125(10 of
actual construction estimates) with a completion date of June 3, 2008. A letter of credit in the
amount of $139,695.77 with an expiration date of August 3, 2008 from Flathead Bank was
submitted for a portion of the remaining improvements. A cashier's check was received by the
planning department in the amount of $2,498.60 to cover the remainder. In addition, the
Kalispell Parks and Recreation Department received a check for $17,278.25 to cover the
seeding and landscaping improvements that have yet to be completed.
COMMIANCE WITH CONDITIONS OF APPROVAL:
condition No. 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) .
• This condition is net. The final plat application is for Phase 3 and is in substantial
compliance with the preliminary plat approved via, Ordinance 4973 on February 7, 2005
and the PUD approved on February 22, 2005 (Ordinance 1524) . while the arrangement
of lots has been maintained, the overall density of this phase has been reduced and per
Condition 9, the commercial lot intended for a future fire station has been increased
from one-half acre to almost one and a half acres in size.
Condition No. 2. 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.
The developer submitted design guidelines for the entire subdivision which provide
for an architectural review committee to comply with this condition in previous
phases of the subdivision.
Condition No. 3. That the plans and specifications for all public infrastructure be
designed and installed in accordance with the Kalispell Design and Construction Standards
and 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).
+ This condition is met. The Public Works Department has approved the plans and
specifications for the public infrastructure in a letter to Brett walcheck of 48 North
Engineering dated February 25, 2008 and a subsequent email dated March 17,
2008. The department's approval is based on a certification from Brett walcheck, a
professional engineer with 48 North, P.G., on February 20, 2008 and a Subdivision
Improvements Agreement (SIA) submitted for the remaining improvements. The
remaining items include work on streets, sidewalks, bike paths, seeding and
landscaping. These improvements are expected to be completed by June 2008.
Condition No. 4. That a minimum 20-foot buffer strip shall be established between
Three Mile Drive and the subdivision that would include a bike and pedestrian trail and
buffering in the form of berming or landscaping or bath. These improvements are to be
coordinated with. the Kalispell Public works Department, Parks and Recreation
Department, Flathead County Road Department and Montana Department of
Transportation.
This condition is met. An 8-foot bike path is shown on the approved construction
plans within the 20-Moot buffer strip and an SIA has been included to cover the costs
of the bike path. The Parks and Recreation Department approved seeding on the
buffer strip in a letter dated March 11, 2008 and all other parties are satisfied.
Condition No. 5. That a pedestrian trail be developed within the BPA easement
between the two internal roadways that has been reviewed and approved by the Kalispell
Parks and Recreation Department. The cost of developing the pedestrian path shall be
counted towards the parkland dedication requirements. (Kalispell Site Development Review
Committee)
• This condition is met. This pedestrian trail requirement was part of phases 1 and 2
and the condition has been met for that portion of the development.
Condition No. 6. 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 curly and the sidewalk.
(Kalispell Subdivision Regulations, Section 3.11).
+ This condition is met. A letter from the Parks and Recreation Director dated
February 21, 2008, approves of the landscaping agreement for the boulevards
constructed as part of Phase 3. The applicants have submitted a check to the
department in the sum of $ 17,278.25 to address the developer's agreement for
installation of the 55 boulevard trees and boulevard seeding.
2
Condition No. 7. That the area designated on the plat as "park" shall satisfy in part
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. Parkland dedication requirements are based upon 11
percent of the area in lots. Subtracting the required one acre parcel for the fire substation
approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a
combination of parkland with improvements. The remaining 1.79 acres can be met
through a cash equivalent in improvements to the property. Based on a valuation of
$18,000 per acre, remaining improvements and or cash in lieu of parkland would be in the
amount of $32,220. (Kalispell Subdivision Regulations, Section 3.19).
This condition does not apply to Phase 3 of the project. The applicant bonded for
remaining improvements which was accepted with the final plat approval for Phase
2 of Mountain Vista Estates in July of 2007.
Condition No. S. 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
the International Fine 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) Section 503.
d. Due to project phasing it should be noted that hazardous weed abatement shall be
provided in accordance with City of Kalispell Ordinance 10-8.
e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot
for construction of a future fire station. It should be noted that the minimum lot size
acceptable for fire station design is 200 feet by 200 feet.
f. It is recommended that consideration be given to annexation of Three Mile Drive and
Farm to Market Road adjacent to the public right-of-way.
The plans have been reviewed by the Kalispell Fire Department. A memo from F.
Ray Ruffatto, Kalispell Fire Department, requested several corrections in hydrant
locations in a letter dated May 31, 2005. Those corrections have been made in the
plans approved by the Public Works Department in their letter dated. June 20, 2005.
Also, Lot 70, intended for a future fire substation is provided and will meet the
needs of the Kalispell Fire Department. See letter from. Dandy Brodehl dated March
19, 2008.
Condition No. 9. That the parcel indicated for the fire department substation be
increased in size in accordance with the requirements of the Kalispell Fire Department and
be conveyed to the City of Kalispell at no cost to the City at the time of final plat submittal.
If the lot proposed for the fire department substation is not needed or wanted by the City, a
letter shall be obtained from the Kalispell Fire Department stating as much as the lot shall
be converted to two lots for single family residential development.
The fire station site, an appraxirnately 150-foot by 280-foot lot in the northwestern
corner of the subdivision just south of Mountain Vista Way and east of Jackson
Peak Drive, will meet the needs of the Kalispell Fire Department. An architect from
Cole and Russell Architects responded on March 24, 2008 that the lot would
support a substation with the specifications outlined by the Kalispell Fire
Department. The deed is being completed to transfer the lot to the City of Kalispell.
3
Attached is a letter of support of the lot from Randy Brodehl dated March 19, 2008
with a conceptual site plan of a future substation.
Condition No. 10. That a provision be made for a future 60 foot right of way
easement within the subdivision that would allow for the extension of the proposed
roadway to provide future access to adjoining properties to the west in the area of the BPA
transmission easement along the north boundary. Kalispell Subdivision Regulations,
Section. 3.04) .
• This condition does not apply to Phase 3 of the subdivision. However, the
applicants filed an affidavit dated June 25, 2007 for Phase 2 of the project that
reserved a roadway across Homeowners Park "A" providing for a future street
extension to the property owners to the north.
Condition No. 11. That a letter be obtained from the Montana Department of
Transportation and Flathead county Road Department stating that the proposed accesses
onto Three Mile Drive (Farm to Market Road) have been reviewed and approved and any
associated and necessary improvements have been satisfactorily completed. (MDDTJ
■ This condition does not apply to Phase 3 of the subdivision. However, the condition
was adequately addressed per a letter from James Freyholtz of the Montana
Department of Transportation dated June 20, 2007.
Condition No. 12. The roads within the subdivision sha11 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. A letter shall be obtained from the Kalispell Public works Department stating
the naming and addressing on the final plat have been reviewed and approved (Kalispell
Subdivision Regulations, Section 3.09) .
■ This condition is net. The roads are signed in accordance with the Kalispell Public
Works Department and Uniform Traffic control Devices Manual. A memo from Fred
Zavodny, Kalispell Public works Department, dated May 17, 2006 states that, he has
reviewed and approved the mad names and addressing on the final plat. The Kalispell
Fire Department reviewed the road names for this phase of the subdivision and
approved the road names. This was confirmed verbally on April 1, 2008 by F. Ray
Rufi'atto .
Condition No. 13. All existing and proposed easements shall be indicated on the face
of the final plat. Utility easements for City water and sewer shall be provided to allow for the
logical extension of utilities from this subdivision to adjoining properties. A five foot utility
easement be placed behind the right--of-way along all lots to allow for the placement of utilities
minus City sewer and water. The placement of utilities should be coordinated with the
respective utility companies prior to construction. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the
final plat. (Kalispell Public works Department).
• This condition is met. The required easements are shown on the final plat and have
been reviewed and approved by the Public works Department per their letter dated
June 20, 2005.
Condition No. 14. After the construction and installation of utilities are completed, the
developer shall insure that all property corners are replaced by a licensed surveyor that might
have been disturbed during construction. In locations where them is a conflict such as an
4
electrical pad, an offset marketer shall be placed and recorded on the final plat. (Kalispell
Public Works Department) .
• A delayed staking certificate stating that the pins will be set by September 1, 2008 is
on the face of the final plat.
Condition No. 15. The filling of the gravel pit should be coordinated with the City of
Kalispell Public Works Department with the appropriate testing performed and
documented. (Kalispell Public Works Department).
• The gravel pit has been steadily filled during the development of phases 1, 2 and 3.
Engineering plans to fill and reclaim the pit were submitted to the Kalispell Public
Works Department as part of the initial submittal of all engineering work for the
project and Carver Engineering has preformed compaction testing during the entire
span of the filling and reclamation work to date. A contractor's certificate of
completion dated February 21, 2008 from Goose Bay Equipment, Inc. was provided
certifying the gravel pits completion. The Kalispell Public Works Ile partme nt in a le tte r
dated March 7, 2008 approved of the site reclamation and methods used to complete
the filling of the gravel pit.
Condition No. 16. That the covenants and homeowners by-laws specifically include
the required setbacks and other development standards. That a provision be included in
the covenants and by laws that addresses the assessments and maintenance of the
common areas including the BPA easement. Additional language be included in the
covenants to prohibit the dumping of any lawn clippings, leaves, garbage or other debris in
the BPA easement. That the covenants be corrected to reflect the correct language that
relates to this subdivision and eliminates language that refers to the maintenance of private
water and / or sewage treatment systems.
• This condition is met. The Declaration of Design Guidelines, Conditions, Covenants
and Restrictions for Mountain Vista Estates PUD dated May 30, 2006 include the
requirements found in condition 16.
Condition No. 17. The developer shall provide a letter from the U.S. Postal Service
approving the plan for mail service . (Kalispell Subdivision Regulations, Section 3.22) .
A letter from the U.S. Postal Service dated November 7, 2005 approves of the
proposed mail location for the subdivision. The Central Box Units noted in the
letter were included in Phase I.
Condition No. 18. 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)).
• Street lighting was designed by Flathead Electric Cooperative to comply with
condition 18.
Condition No. 19. All utilities shall be installed underground. (Kalispell Subdivision
Regulations, Section 3.17) .
• All utilities have or will be placed underground per sight inspection and per city
standards.
Condition No. 20. That a minimum of tiro -thirds of the necessary infrastructure for
this subdivision shall be completed prior to final plat submittal.
W
' Approximately 74 percent of the necessary infrastructure has been completed for
Phase 3 as stated in a letter from Brett walcheck, P.E. of 48 North, Inc dated
February 20, 2008. The remaining mfrastructure is covered by the SIA and
includes such Items as: Paving, topsoil replacement, seeding, landscaping, etc.
Sufficient security has been provided in the form of a letter of credit and a cashier's
check for a total of $142,194.37 (125 % of the remaining improvements) .
Condition No. 21. All areas disturbed during development of the subdivision shall
be re -vegetated with a weed -free mix immediately after development.
• All areas disturbed will be re -vegetated upon final completion of Phase 3 and said
remaining work is covered in the SIA.
Condition No. 22. A note shall be placed on the face of the final plat which waives
protest to the creation of a special improvement district for upgraded roads in the area to
City standards which are impacted by this subdivision.
This condition is met. The note is shown on the final plat.
Condition No. 23. That a development agreement be drafted by the Kalispell City
Attorney between the city of Kalispell and the developer outlining and formalizing the
terms, conditions and provisions of approval. The final plan as approved, together with the
conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD)
zoning for the site.
• This condition is met. The development agreement was signed by the developer and
Kalispell City Manager on May 23, 2006.
Condition No. 24. 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 two year extension as each phase of the subdivision plat has been completed and
filed. (Kalispell Subdivision Regulations, Section 2.04) .
• This condition is met. Phase 1 was granted approval on June 5, 2006. Phase 2 was
filed June 2, 2007 and as such Phase 3 would have until July 2, 2009. This
application is within this timeframe.
COMPLIANCE WITH "PROVED PRELIMINARY PLAT
The final plat is in substantial compliance with the preliminary plat which was submitted and
approved.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS*
This subdivision plat has been found to be in substantial compliance with the State and City
Subdivision Regulations. All taxes are current. The title report notes that Flathead Bank of
Bigfork has an interest in the property and they have filed the necessary "consent to Plat".
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-2 J PUD zoning
designation.
RECOh MENDATION:
C
All of the conditions of preliminary plat approval have been adequately addressed. The staff'
recommends that the Kalispell City council approve the final plat for this subdivision. Note
that the SIA should be accepted along with the final plat approval. Please schedule this matter
for the April 7, 2008 city council agenda if possible. You may call me at 751-1850 if I can be of
assistance to you regarding this matter.
Sincerely,
jY
Nicole C. John
Planner II
Attachments: 1 opaque Mylar of final plat
1 reproducible Mylaz of final plat
1 blueline of final plat
11 x 17" copy of plat
Final plat application dated 2/7/08
Letter from Marquardt &Marquardt Surveying dated 2/29/08
Treasurer's certification dated 2/25/08
Consent to Plat from Flathead Bank of Bigfork dated 2/ 19/08
Title Report #244400-CT
Letter from Public Works dated 2/25/08
Email from Public Works dated 3/ 17/08
Subdivision Improvements Agreement dated 3/ 10/08
Letter of Credit from Flathead Bank of Bigfork dated 2/28/08
Letter from MDEQ dated 6/3/05 and 7/6/07
Letter from 48 North dated 2/20/08
Letter from Parks and Recreation Department dated 3 J 11 /08 and
2/21/08
Letter from Kalispell Fire Department dated 5/31/05 and 3/19/08
(includes conceptual site plan from Cole +Russell Architects)
Letter from Kalispell Public Works Department dated 6/20/05
Affidavit dated 6/25/07
Letter from MDT dated 6 J 20 J 07
Letter from Kalispell Public Works dated 3/7/08 (pit approval)
Contractor's Certificate of Completion dated 2/21/08 (pit)
CCR's dated 5/30J06
Letter from US Postal Service dated 11/7/05
PUD agreement dated 5/30/06
Memo from Public Works approving the Street Names 8s Addresses, dated
4/1/08
c: Touchstone LLC
1289 N. Meridian Road
Kalispell, MT 59901
Marquardt & Marquardt Surveying Inc.
285 1st Avenue E.N.
Kalispell, MT 59901
48 North, P.C.
151 Business center Loop, Ste A
Kalispell, MT 59901
Theresa white, Kalispell City clerk
h
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 200
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First
Part and hereinafter referred to as the CITY, and TOUCHSTONE LLC, located at 135 W. Idaho, Suite
B, Kalispell, MT 59901, Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
MOUNTAIN VISTA ESTATES PHASE III located at Parcel A, Certificate of Survey No. 16814,
Section 21, Township 28 North, Range 22 west, P.M.M., Flathead County, and
WHEREAS, the City has conditioned it's approval of the final plat of MOUNTAIN VISTA ESTATES
PHASE III, upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed
and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer
wishes to bond for the completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a
financial security of 125% of the estimated total cost of construction of said improvements as
evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit
B"• and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$113,755.54.
Now THEREFORE, in consideration of the approval of the final plat of said Subdivision by
the City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable
collateral as determined by the City Council, in the amount of $142,194.37.
Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days
following the date set for completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $142,194.37 the estimated cost
of completing the required improvements in MOUNTAIN VISTA ESTATES PHASE III.
b. That if the Developer fails to complete the specified improvements within the required period,
the creditor will pay to the City immediately, and without further action, such funds as
are necessary to finance the completion of those improvements up to the limited of credit
stated in the letter;
2. That said required improvements shall be fully completed by JUNE 3, 2048.
3. That upon completion of the required improvements, the Developer shall cause to be filed with
the City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City
for their construction and that the Developer warrants said improvements against any and
all defects for a period of one (1) year from the date of acceptance of the completion of
those improvements by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles,
grades and specifications of said improvements, with the certification of the registered
professional engineer responsible for their preparation that all required improvements have been
installed in conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS,
TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision Improvement
Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold
collateral sufficient to insure such compliance. If the City determines that the Developer will not
construct any or all of the improvements in accordance with the specifications, or within the
required time limits, it may withdraw the collateral and employ such funds as may be necessary
to construct the improvement or improvements in accordance with the specifications. The unused
portions of the collateral shall be returned to the Developer or the crediting institution, as is
appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year
herein before written.
TOUCHSTONE, LLC.
PHiCLW G. NEUE ARTH, JR.
Member of Touchstone, LLC
STATE OF MONTANA
County of Flathead
R
DAVID J. WALKER
Member of Touchstone, LLC
This instrument was acknowledged before me on ('21r\a- , Zoo,
by PHILLIP G. NET�HARTH, JR. AND DAVID J. WALKER, Members of Touchstone, LLC.
. .� '•' Punted Namee nn .4 C.
'XAO
I+� Notary Public for the State of Montana
. Residing at
EAL
•
4
My Commission Expi es
. ► + F M
-OFa
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR
FINANCE DIRECTOR
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
Certification of work to be completed.
EXHIBIT "A"
CERTIFICATION OF WORK TO BE COMPLETED
MOUNTAIN VISTA PHASE III
SUBDIVISION ROADS & OVERLOT GRADE Completed To Date
February 19, 2008
Item
No.
Description
Unit
Measure
Estimated
Quantity Unit Price
Quantity
Total Price Completed
Total Cost
Com feted
101
Topsoil Removal/Replacement
C.Y.
5,966 $1.68
$10,022.88 5,500
$%240.09
102
Excavation 1 Sub rade Prep
C.Y.
69556 $2.08
$13,636.48 61556
$13,636.48
103
Stabilization Fabric
S.Y.
4,752 $1.30
$6,177.60 4,752
$6,177.60
104
Select Subbase
C.Y.
1,188 $17.00
$20,196.00 12188
$20,196.00
..105
314" Crushed Gravel
G.Y.
683 $19.25
$13,147.75 551
$109608.92
106
4" Ash attic Cement
S.Y.
3,914 $11.85
$46,380.90 0
$0.00
107
Curb & Gutter
L.F.
2,485 $9.75
$24,228.75 21485
$249228.75
108
5' x 4" Concrete Sidewalks 1 Gravel
S.F.
12,425 $3.50
$43,487.60 0
$0.00
SUBTOTAL ITEMS 101 -108
$177,277.86 $84,087.84
WATER SYSTEM
Item
No.
Description
Unit Estimated
Measure QuantityUnit
Price
Total Price
Quantity
Cam leted
Total Cost
Completed
201
8" Water Main
L.F. 1,246
$23.00
$28,658.00
1,246
$28,668.00
202
8" Gate Valves & Boxes
EACH 1
$19300.00
$1,300.00
1
$1,300.00
203
12" & 8" Ductile loon Fittings
EACH 2
$500.00
$19000.00
2
$19000.00
204
Fire Hydrants w1 Tee, Pipe, Aux. Valve & Box
EACH 2
$3,800.00
$79600.00
2
$79600.00
205
Water Services
EACH 40
$595.00
$23,800.00
40
$23,800.00
SUBTOTAL ITEMS 201 - 205
$62,358.00
$62,358.00
SEWER SYSTEM
Item
No.
Description
Unit
Measure
Estimated
Quanti
Unit Price
Total Price
Quantity
completed
Total Cost
Com feted
301
8" Sewer Main
L.F.
1,157
$19.00
$21,983.00
11157
$219983.00
302
4' Diam. Manholes w1 Ring & Cover
EACH
6
$1,600.00
$9,600.00
6
$99600.00
303
4" Sch. 40 PVC Sewer Services
EACH
40
$600.00
$24,000.00
40
$24,000.00
SUBTOTAL ITEMS 301 - 303
$55,583.40
$55,583.00
DRAINAGE & MISCELLANEOUS WORK
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Cam leted
401
Catch Basin w1 Inlet
EA.
1 1$1,200.00
$1,200.00
1
$19200.00
402
Bike Path 16" base
LF
1,359
$12.00
$16,308.00
554
$6,650.40
403
Bike Path (With 6 Bollards112" base
LF
258
$15.50
$3,999.00
0
$0.00
404
Additional Bike Path Jackson Peak to The North
LF
124
$16.12
$1,998.88
0
$0.00
405
Seeding
LS.
1.00
$1,000.00
$1,000.00
0
$0.00
406
Traffic Control
LS.
1.00
$300.00
$300.00
0.00
$0.00
407
Mobilization
LS.
1.00
$3,000.00
$3,000.00
i 0.66
$1,980.00
408
Construction Surveying
LS.
1.00
$9,000.00
$9,000.00
0.89
$89010.00
SUBTOTAL ITEMS 401 - 408
$36,805.88
$17,840.40
UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
501
Common Trench
LF
21480
$ 4.00
$%920.00
502
Street Light Conduit Trench
LF
68
$ 4.00
$272.00
503
3 Phase Vaults
EA
1
$ 1,280.00
$1,280.00
504
Single Phase Vaults
EA
4
$ 730.00
$2,920.00
505
Light Pole Bases (FEC)
EA
4
$ 550.00
$2,200.00
505
5" Conduit
LF
120
$ 8.50
$1,020.00
507
4" Conduit
LF
260
$ 6.80
$1,768.00
508
3" Conduit
LF
4,068
$ 3.00
$12,204.00
509
2" Conduit
LF
31024
$ 2.75
$8,316.00
510
1" Conduit
LF
98
$ 2.50
$245.00
512
3" Steel or Fiberglass Sweeps
EA
3
$ 150.00
$450.00
513
3" PVC Sweeps
EA
94
$ 50.00
$40700.00
514
2" PVC Sweeps
EA
105
$ 40.00
$4,200.00
515
Secondary Pedestals
EA
19
$ 50.00
$960.00
518
Si na a
LS
1
$ 605.00
$605.00
SUBTOTAL ITEMS 501-516
$51f050.00
Total Construction
Total Construction. Completed to Date
SERVICE COSTS, FEES, ENGINEERING
$ 3831,074.74
Completed To Date
February 19, 2008
Quantity
Completed
Total Cost
Completed
2,480
$%920.00
68
$272.00
1
$19280.00
4
$2,920.00
4
$2,200.00
120
$1,020.00
260
$19768.00
49068
$12,204.00
39024
$89316.00
98
$245.00
3
$450.00
94
$4J00.00
105
$4w200.00
19
$950.00
1
$605.00
$51,050.00
$270,919.24
Item
No.
Description
Unit
Measure
Estimated
Quantl
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
601
Flathead Electric
UMP SUN
1
$ 34 158.00
$ 34 158.00
100%
$34 168.00
602
Northwestern Energy
UMP SU
lump
1
$ 11 y 149.00
$ 11 149.00
100%
$11 149.00
603
Engineering,Construction
SUN
1
$ 82000.00
$ 81000.00
80%
$fi 400.00
SUBTOTAL ITEMS 601 - 603
$ 53, 317.00
$51, 717.00
ITOTAL PROJECT BUDGET
TOTAL ESTIMATED COST OF CONSTRUCTION
AMOUNT COMPLETED PRIOR TO BONDING
AMOUNT OF REMAINING WORK PRIOR TO BONDING
AMOUNT OF BOND (125% OF REMAINING WORK)
AMOUNT OF WORK COMPLETED TO DATE
PERCENTAGE OF WORK COMPLETED TO DATE
AMOUNT OF WORK REMAINING
ORIGINAL BOND AMOUNT
AMOUNT OF BOND TO BE RETAINED (125% OF REMAINING WORK)
BOND AMOUNT TO BE RELEASED
AMOUNT PREVIOUSLY RELEASED
AMOUNT TO BE RELEASED AT THIS TIME
$4369391.74
$ 436, 391.74
$ 322,636.24
$ 1132755.50
$ 322,636.24
74%
$ 113,755.50
$3225636.24
$ 142,194.37
$ 142,194.37 00 N _.. �A�
$0.00 .�
$0.00 SRETT �
1... $0.00 f %
AS PROJECT ENGINEER FOR THE MOUNTAIN VISTA SUBDIVISION PHASE III, I CERTIFY THAT THE -n01 , I I
WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS I i I
ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE � E4/1
VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: 322 636.24
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $ 1139755.50
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 142 194.37
0
�9NA
THEREFORE, IT IS 1N ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT�w`.
TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $0.00
BRETT WALCHECK, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: 6/3/2008
FLATHEAD BANK
o",
Kalispell Montana
February 28, 2008
IRREVOCABLE LETTER of CREDIT No. 200803
City council
City of Kalispell
248 3rd Ave East
Kalispell, MT 59901
RE: Touchstone, LLC
Flathead Bank of Bigf ork has established an Irrevocable Letter of Credit in your
favor, at the request of Touchstone, LLB, to the extent of ONE HUNDRED
THIRTY NINE THOUSAND SIC HUNDRED NINETY FIVE DOLLARS AND
77/ 100, as a performance bond for the above referenced Developer.
Said funds are available by presentation of your sight draft(s) which: (a) clearly
specify the number of this credit, and (b) are drawn in favor of project cited
above.
Drafts drawn in conformity with conditions of this credit will be honored by us if
presented at our bank on or before AUGUST 3, 2008.
Sank represents that it is FDIC insured.
Sincerely,
Diana Ruddy
Kalispell Branch President
DR/ae
120 Hutton Ranch Load - Kalispell, MT 59801 - 405-752-4050 - FAX 406-752-4089 • www.flatheadbank.com
Return to: esa Wht�
Kalis -pity Clerk
P.D ox
Ispell, MT 59903
1�
Page: I of 1a2
FAN: $7.00
Paula Robinson, Flathead County M7 by NC /26/2008 8.36 AM
r
�+L.� AYMAV 1
1
0 ..
We, Touchstone, LLCI d hereby agree to grant, to the owners of the property adjacent to
� the no �' � k northern boundary of ounfain Vista Estates Phase I in the S I� of the SW I4 of Section 2,
0 Township 28 North, Range 22 West,. Flathead County, Montana., a roadway thru Homeowners
I Park A,Vountain Vista Estates Phase 1, the exact location of which is to be determined at a later
0-6 0
date. lrroc�l-
TO HAVE AND TO HOLD said Easement unto said Grantees), his/her/their heirs and
) assigns, as appurtenant to their land.
0
IN WITNESS WHEREOF, we have hereunto set our hand on this � day of
6 , 200
0 e �'.�------
David J. Wa er, Phillip G. Neuharth, Jr.,
Member of Touchstone, LLC Member of Touchstone, LLC
STATE OF MONTANA
: ss.
C6 County of FLATS - f� �
This instrument was acknowledged before me on JAG � _)200j,
.y� by David J. Walker.
Q
St to of N
R'
MY" fission g,xpires "� L
�aa oft it
f1t ' .. 10' I
�.I
STATE 4F Moil
ss.
a County of -F I d4,6J
This instrument was acknowledged before me on v , 2003
C6 by Phillip G. Neuharth, Jr.
4
r
0PUANN., 17ATC
t 'r; to of
e$1
*GP"" s li '� fires j
auardt &
larquardt
urveying, Inc.
City of Kalispell Planning Department
17 Second St. East Suite 211
Kalispell, MT 59901
201 3rd AVENUE WEST
KALISPELL, MONTANA 59901
(406) 755-6285
Fax (406) 755-3055
February 29, 2008
Re: Mountain Vista Estates Phase III, Sections 2, Township 28 North, Range 22 west, P.M.,
M., Flathead County, Montana.
Enclosed is the Final Plat application for Mountain Vista Estates Phase III. Preliminary plat
approval was granted on February 7, 2005. The conditions of approval have been met as
follows:
1. That the development of the site shall be in substantial compliance
with the application submitted, the site plan, materials and other
specifications as wells as any additional conditions associated with
the PUD as approved by the city council. (Kalispell Subdivision
Regulations, Appendix C — Final Plat).
This application is for Phase III. The subdivision is in
conformance with the approved preliminary plat and PUD as
approved by the city council.
Z. 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.
This item is addressed in the recorded covenants for the
subdivision.
3. That the plans and specifications for all public infrastructure be
designed and installed in accordance with the Kalispell Design and
Construction Standards and a letter shall be obtained stating that
they have been reviewed and approved by the Kalispell Public
Works Department. (Kalispell Subdivision Regulations, Chapter 3,
Resign Standards, Section 3.01).
Plans and specifications were designed and are being installed
per the Kalispell Design and Construction Standards. Please
see attached approval letters dated June 20, 2005 from the
Kalispell Public Works Department, and June 1, 2005 and
June 212005 from the Department of Environmental Quality.
4. That a minimum 20-foot buffer strip shall be established between Three Mile
Drive and the subdivision that would include a bike and pedestrian trail and
buffering in the form of berming or landscaping or both. These improvements are
to be coordinated with the Kalispell Public Works Department, Parks and
Recreation Department, Flathead County Road Department and Montana
Department of Transportation.
The buffer strip is shown on the face of the final plat. The bike and
pedestrian trail and buffering are delineated in the construction plan
approved by the Kalispell Public works Department letter dated June 20,
2005. The buffer strip improvements have been coordinated with the
Montana Department of Transportation.
5. That a pedestrian trail be developed within the BPA easement between the two
internal roadways that has been reviewed and approved by the Kalispell Parks and
Recreation Department. The cost of developing the pedestrian path shall be
counted towards the parkland dedication requirements. (Kalispell Site
Development Review Committee).
The pedestrian trail requirement were submitted and approved in Phase II.
6. 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).
A letter from the Kalispell Parks and Recreation Department approving the
landscape plan is enclosed.
7. That the area designated on the plat as "park" shall satisfy in part 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. Parkland dedication
requirements are based upon 11 percent of the area in lots. Subtracting the
required one acre parcel for the fire substation approximately 29.54 acres is in lots
generating a need for 3.25 acres in parkland or a combination of parkland with
improvements to the property. Based on a valuation of $18,000 per acre,
remaining improvements and or cash in lieu of parkland would be in the amount
of $32,220. (Kalispell Subdivision Regulations, Section 3.19).
Parkland and cash -in -lieu of parkland was submitted and approved in Phase
II. Phase I1 dedicated parkland of 1.516 acres. The cost of improving the
SPA bike/pedestrian path is $18,462.00 leaving the remaining cash -in -lieu of
parkland amount of $13,758.00 to be applied to park improvements and was
paid in Phase II.
S. 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 the 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) Section 503.
d. Due to project phasing it should be noted that hazardous weed
abatement shall be provided in accordance with City of Kalispell
Ordinance 10-8.
e. Section E. Supportive Documentation, Item (a), indicates
designation of a .51 acre lot for construction of a future fire station.
It should be noted that the minimum lot size acceptable for fire
station design is 200 feet by 200 feet.
f. It is recommended that consideration be given to annexation of
Three Mile Drive and Farm to Market Road adjacent to the public
right-of-way.
The plans have been reviewed by the Kalispell Fire Department. All
modifications have been addressed as a condition of the Kalispell Public
Work Department approval letter Dated June 20, 20050
9. That the parcel indicated for the fire department substation be increased in size in,
accordance with the requirements of the Kalispell Fire Department and be
conveyed to the City of Kalispell at no cost to the City at the time of final plat
submittal. If the lot proposed for the fire department substation is not needed or
wanted by the City, a Fetter shall be obtained from the Kalispell Fire Department
stating as much as the lot shall be converted to two lots for single-family
residential development.
The fire station lot (#70) will be deeded to the City of Kalispell. The City
Attorney is preparing the deed.
10. That a provision be made for a future 60 foot right of way easement within the
subdivision. that would allow for the extension of the proposed roadway to
provide future access to adjoining properties to the west in the area of the BPA
transmission easement along the north boundary. (Kalispell Subdivision
Regulations, Section 3.04).
A copy the Affidavit providing access to the north has been enclosed.
11. That a letter be obtained from the Montana Department of Transportation and
Flathead County Road Department stating the proposed accesses onto Three Mile
Drive (Farm to Market Road) have been reviewed and approved and any
associated and necessary improvements have been satisfactorily completed.
(MDOT)
The access onto Three Mile Drive (Farm to Market Road) was addressed in
Phase I.
12. 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. A letter shall be obtained from the Kalispell Public Works
Department stating the naming and addressing on the final plat have been
reviewed and approved (Kalispell Subdivision Regulations, Section 3.09)
Kalispell Public works addressed the lots and approved the road names.
13. All existing and proposed easements shall be indicated on the face of the final
-plat. Utility easements for City water and sewer shall be provided to allow for the
logical extension of utilities from this subdivision to adjoining properties. A five-
foot utility easement be placed behind the right-of-way along all lots to allow for
the placement of utilities minus City sewer and water. The placement of utilities
should be coordinated with the respective utility companies prior to construction.
A letter from the Kalispell Public Works Department shall be obtained stating that
the required easements are being shown on the final plat. (Kalispell Public Works
Department).
The required easements are shown on the final plat and have been
coordinated with the utility companies and Kalispell Public Works. A letter
of approval was submitted with Phase I.
14. After the construction and installation of utilities are completed, the developer
shall insure that all property corners are replaced by a licensed surveyor that
might have been disturbed during construction.. In locations where there is a
conflict such as an electrical pad, an offset marketer shall be placed and recorded
on. the final plat. (Kalispell Public Works).
A delayed staking certificate stating the pins will be set by September 1, 2008
is on the face of the plat.
15. The filling of the gravel pit should be coordinated with the City of Kalispell
Public Works Department with the appropriate testing performed and
documented. (Kalispell Public Works Department)..
Plans and specifications were designed and installed per the Kalispell Design
and Construction Standards,
16. That the covenants and homeowners by-laws specifically include the required
setbacks and other development standards. That a provision be included in the
covenants and by laws that addresses the assessments and maintenance of
common areas including the BPA easement. Additional language be included in
the covenants to prohibit the dumping of lawn clippings, leaves, garbage or other
debris in the BPA easement. That the covenants be corrected to reflect the correct
language that relates to this subdivision and eliminates language that refers to the
maintenance of private water and/or sewage treatment systems.
The covenants were submitted and recorded with Phase I and copies of the
recorded covenants were submitted with Phase II.
17. The developer shall provide a letter from the U.S. Postal Service approving the
plan for mail service. (Kalispell Subdivision Regulations, Section 3.22).
The mailbox and location were approved in Phase I.
18. 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)).
Flathead. Electric Cooperative designed street lighting in conjunction with
the City of Kalispell for light pole placement and lighting standards.
19. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17).
All utilities have been or are being placed underground and are in the Right
of ways or have been granted an easement.
20. That a minimum of two-thirds of the necessary infrastructure for this subdivision
shall be completed prior to final plat submittal.
Currently Mountain vista Subdivision Phase III is 74% complete with
necessary infrastructure. Please see the enclosed SIA and cost analysis.
21. All areas disturbed during development of the subdivision shall be re -vegetated
with a weed -free mix immediately after development.
All areas disturbed in Phase III construction will be reseeded upon
completion of Phase III.
22. A note shall be placed on the face of the final plat which waives protest to the
creation of a special improvement district for upgrade of road's in the area to City
standards which are impacted by this subdivision.
The note has been placed on the face of the final plat.
23. That a development agreement be drafted by the Kalispell City Attorney between
the City of Kalispell and the developer outlining and formalizing the terms,
conditions and provisions of approval. The final plan as approved, together with
the conditions and restrictions imposed, shall constitute the Planned Unit
Development (PUD) zoning for the site.
The developer and Kalispell City Manager signed a development agreement
on May 23, 2006.
24. 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 two year extension as each phase of the subdivision plat has been
completed and filed. (Kalispell Subdivision Regulations, Section. 2.04).
The plat for Phase III is being submitted within the allotted time.
If you have any question please do not hesitate to call our office.
Sincerely,
i
Debbie Shoemaker
Marquardt & Marquardt Surveying
rqAd; / -
r. Plat Room
Flathead County,Montana
V 800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: Marquardt,%rveying
FOR: Touchstone LLC
t /-Ie a a "Te- C/
DATE: 5/3/2007
DESCP : Mountain Vista Estates Ph 3 PURPOSE: plat
(Tr 1 D in 2-28-22)
YEARS ASSESSOR #
2004 thru 2007
0F MOI�P�
0623875
FEB 2 6 2008
City
Kali*spell P
p -
s� Office Kal
ispell, a xs 11 Mont
ana 533-97
., ,.,.. Telephone � Fax � 5$ 783 1
pe ep } �, � � 7
February 2 5, 2008
48 North, P.C.
151 Business center Loop, Ste. A
Kalispell, Montana 59901
Attention: Brett Walcheck, P.E.
Re; Mountain Vista Subdivision, Phase III
Dear Mr. Walcheck,
The City of Kalispell Public Works Department hereby approves the existing, completed
improvements except those listed in the Subdivision Improvement Agreement, Exhibit
A, for the referenced subdivision. Approval by the city of !Kalispell for the city owned
and maintained improvements is granted based on the following:
1. 48 North, P.C., letter dated February 20, 2008, certifying that the improvements within
the referenced subdivision have been inspected and installed in accordance with the city
of Kalispell standards and the approved plans and specifications
2. Receipt of a Subdivision Improvement Agreement, Exhibit A. which contains the total
estimated construction costs plus 25 percent covering the estimated costs for the
remaining construction. The Subdivision Improvement Agreement, Exhibit A, is certified
by Brett Wa lcheck, P.E., to being an accurate accounting of anticipated costs for the
remaining improvements.
The two year warranty period for the city awned and maintained improvements will commence
upon the expiration of the Subdivision Improvement Agreement.
If you have any questions, please do not hesitate to contact this office.
Sinc l ,
CY
Frank castles, P.E.
Assistant city Engineer
Cc: Sean Conrad, Senior Planner
Kalispell Planning ice
Page 1 of 1
Nicole Johnson
From: Mark Crowley [merowley kalispell.com]
Sent: Monday, March 17, 2008 10.1 D AM
To: 'Nicole Johnson'
Cc: fcastles@a kalispell.com; mike@48-n.com
Subject: Mountain Vista Phase 3
Nicole,
Mike just dropped off a copy of the Exhibit "A" for the SIA. It is certified and includes the path
required north of Jackson Peak. This department accepts the SIA for the final plat.
Mark D. Crowley, CFM
Construction Manager
-3117/2008
Montana Department of
AT ITY
NVM0NMENTALQU..,I..,L Brian Schweitzer Governor
109 Cooperative Way - Suite 1O5 - Kalispell, MT 59901-2389 • (406) 755-8985 - FAX (406) 755-8977
Brett W. Walcheck, P.E.
48 North, P.C.
P.O. Box 651
whitefish, MT 59937
June 31, 2005
RE: Mountain Vista Subdivision, Water & Sewer Extensions; EQ# 05-2905
Dear Mr. Walcheck:
Plans and specifications for the above -referenced project have been reviewed by personnel with
the Permitting &Compliance Division utilizing the certified checklist procedure and DEQ-2.
The plans and specifications are hereby approve. One set of plans and specifications bearing the
approval stamp of the Department of Environmental Quality is enclosed.
Approval is based on plans and specifications received May 26, 2005 under the seal of: Brett W.
Walcheek, PR# 14872PE.
.Approval is also given with the understanding that any deviation from the approved plans and
spec
if canons will be submitted to the Department for reappraisal and approval. Within 90 days
after the project has been completed the project engineer shall certify to the Department that the
project was inspected and found to be installed in accordance with the plans and specifications
approved by the Department. This certification shall be accompanied by a set of "as -built" record
drawings signed by the project engineer.
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 roust be
resubmitted and approved before construction begins. This s three-year expiration period does not
extend any compliance schedule requirements pursuant to a Department enforcement action
against a public water or sewage system.
Please be aware that this project may need a storm water general permit. Please contact the
Water Protection Bureau at 406-444-3080 for more information.
Sincerely, -,
1 r e nvirorunenta Engineer
Public water pply Section
Public water Supply and Subdivisions Bureau
cc: City of Kalispell, PWD
Flathead County Sanitarian
File
Ceatratized Services Division ■ Enforcement Division - Permitting & Compliance Division ■ Fla aning, Prevention & Assistaace Division - Remediation Division
.TUL --06 007' 1 15_ 06 DEQ PERMIT AHD C OMPL. I AHCE 406 444 1374 P . 0 0I
Montana Department of
UVrr W Inmy
NVIRONMENTAL 0UAJ_ -t
July 61, 2007
Brett Walcheck PE
48 Norlh PC
PO Box 651
W'hitefish MT 599.)
i
Dear Mr Wa cheek:
Briawk $chweitzer, Governor
ICE: Motintain Vi qa Estates
Municipal FaC1,116es Exclusion
City of Kalispell
Flathead County
This is to certifj that the information and fees received by the 1) r-,p artnent of Environmental Quitv Tel ating to
�e Mountaba V'sta Estates Ph aces 1, H III consisting z��� 168 Lots are w compb ancc� with `?6-4- 1271 MCA
and ARM. 17.36,6021. Under 76-4-125(2) +d , MCA, this -subdivision is of subject to review, amd the, plat can lac
filed with the county clerk. and recorder.
Plans and specifications MU$t be 5abnutted when extensions of maniczpal taclifit.ies for tht �-upply of wat or
d.isposall of sma , are proposed 176.4- 111 `3 ), MCA onstrualon of water or 3e,wer extensions por0r TO
DEQ, public Water Supple'Section's approval is prohibited, and is subj ect to penalty as presc{ribtA in "title 75,
Chapter 6 and ` "itle 76� Chapter 4.
nL eT-elyr
J"L4 tj
J are et Skaarland
Co-rnpii ante Technician
Subdivision Section
Water Protection Buea.ti
"406) �- 1 80f — ern�iiaarad,sta.te.r�it.us
CC.' City En irieer
County Sanitan,an
fife
Enforeemett Diviclus Permhtitt & Cimpliance lhviiWn - 1'Lamninj(4 Pr, iVd k)n & %bbxr:r DiVh1oft Rewcak-100IR 1i1► 1*1Pn
TOTAL P. 01
k
48 jY-O,@=)
n TH
P.C.
Civil Engineerm*g Services
February 20, 2008
Attn: Frank Castle
City of Kalispell
Public Works Department
312 1 " Ave. East
Kalispell, MT. 59903
151 Business Center Loop Ste. A, Kalispell, MT 59901 ■ (P) 406-756-4848 ■ (F) 406-756--4849
RE: Final Plat Approval for Mountain Vista Subdivision Phase III
Dear Frank:
i
va
As Engineer of record for Mountain Vista Subdivision, Phase III, I herby certify that the
construction of the items that are shown in the attached Subdivision Improvement
Agreements have been completed to the best of my knowledge. The percentage of work
complete to date for Mountain Vista Subdivision, Phase III, is at 74%.
Some of the construction items remaining to be complete include: paving, topsoil replacement,
seeding. Estimates prepared by this office for the remaining construction, total $111,756.62
for Mountain Vista Subdivision, Phase III. Security held at 125% of the remaining
construction total is $139,695.77.
At this time we are requesting a letter of approval from the City of Kalispell stating that you
are m agreement with improvements installed to date. After all work is 100% complete we
will conduct a final inspection with Kalispell Public works prior to acceptance and transfer of
ownership.
If you have any questions or require additional information please feel free to give me a call.
(406-755-4848).
Sincerely,
NTA
BRETT
r f WALCHECK
No
Brett walchec P.E. ,. 1487
4 � \
8 North, P.C.
/ f
. r N
Es
A L
Enclosures: Appendix E - Subdivision Improvement Agreement
Exhibit A - Certification of work to be Completed
35 1s' Ave East — P O Box 1997 —Kalispell MT 59903-1997
Phone: (406) 758-7960 Fax: (406) 758-7719
Email: cfincher@kalispell.com
March 11 , 2008
Touchstone LLC.
Attn: Phil Neuharth
1289 North Meridian Road
Kalispell, MT 59901
Phone: 406-755-6789
Re: Mountain vista subdivision, Phase III
Dear Phil:
HD F=CIEDVE
HAR 12, 2096
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KAttSI'Ell. PLANNING DENOE[YT
Thank you for coming in on Friday March 7th to discuss Mountain Vista Phase III in
particular the screening between Three Mile Drive and the Mountain Vista Phase III.
According to Resolution 4973 condition 4 there should be a 20 foot buffer strip between
Three mile Drive and the subdivision.
understand that on Friday March 7th the Planning Department suggested that if you,
the developer, strongly encouraged, through the architectural review process, a
standardized fence on the lots that are adjacent to Three Mile Drive that it would be an
amicable solution. The Parks Department is comfortable with this option.
Once again it has been enjoyable working with you, if you have any concerns or
questions please give me a call.
Sincerely,
7
Chad Fincher, Parks Superintendent
Kalispell Parks and Recreation
CC: Nicole Johnson, Kalispell Planning
Mike Baker, Parks and Recreation Director
Kal
is�� fl
Parks and Recreation
February 21, 2008
Touchstone LLC.
Attn: Phil Neuharth
1289 North Meridian Road
Kalispell, MT 59901
Phone: 406-755-5789
35 15t Ave East — P 4 Box 1997 —Kalispell MT 59903-1997
Phone: (406) 758-7960 Fax: (406) 758-7719
Email: cfincher@kalispell.com
Re: Mountain Vista Subdivision, Phase III
Gear Phil:
This letter is to serve as approval for a developers agreement per the request submitted
February 21, 2008 and dated February 20, 2008 for the boulevard seeding and tree
planting needed for Mountain Vista Phase Ill. This agreement stipulates that the
developer will pay the city $16,775.00 to plant 55 trees. In addition there is an
administration fee of 3% of the total contract. This is $503.25, bringing the total for the
entire developer's agreement to $17,278.25.
It has been enjoyable working with you, if you have any concerns or questions please
give me a call.
Sincerely,
Chad Fincher, Parks Superintendent
Kalispell Parks and Recreation
CC: Sean Conrad, Kalispell Planning
Mike Baker, Parks and Recreation Director
Deb Diest, Finance Department
,2
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3/19/2008
Sean Conrad, Planner
Kalispell Planning Department
Re: Lot 70, Mountain View Estates
Sean,
As per our discussion, Lot 70 identified for a future fire station in the northeast corner of
Mountain Vista Estates, Phase 3; meets the requirements of the Kalispell Fire Department
and would support a future sub -station at its current size and configuration. The KFD
accepts the fat, and a warranty deed is being completed to transfer the lot to the City of
Kalispell." See the attached documentation from Cole + Russell Architects, for their design
suggestions regarding the footprint of the station.
Randy Brodehl, Fire Chief
"Assisting our community in reducing, preventing, and mitigating emergencies. "
i
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AIN VISTA WAY
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DATE COMMISSION NO, PROJECT TITLE
KALBPELL FIFE
Commercial [ Retail Hospitality Housing Education j Government www.colerusseil.com 8TAT10N A60"Ar
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SHEET TITLE
Q t� Cole + Russell Amhiatects srm CONCEPT
PLAN
M EMPLOYEE-OvMM CDMPMY REFERENCE SHEET NO. SHEET NO.
Cincinnati 537 East Pete Rose way, Suite 208 j Cincinnati, OH 45202 v 513.721.8080
Denver 1740 Platte Street I Denver, CO 80202 v 303.863.8100
@ 2008 Cole + FkNSW Arm Plotted: Mondoy, Larch 17, 2DD8 3:05:47 PSI
KALISPr:LL FIRE DEPARtMENT
Randy B rodehl - Fire Chief
Jim Stewart -- Assistant Chief/Prevention
Dee McCluskey — Assistant Chief/Operations
312 First Avenue East
Kalispell, Montana. 59901
(406) 758-7760
FAX: (406) 758-7952
TO: FRANK CASTLES, ASSISTANT CITY ENGINEER
FROM: F. RAY RUFFATTO, ACTING DEPUTY FIRE MARSHAL.
[SATE: MAY 3112005
SUBJECT: FIRE HYDRANT LOCATIONS -- MOUNTAIN VISTA ESTATES
We have reviewed the water plan for the above -referenced project and have the
following comments. -
Hydrant Relocates:
Lot 3-4 move to NE corner of Lot 46B
Lot 9 move to between Lot 7-8
Lot 49B--48A move to between Lot 51 and the Park
)o- Lot 30-31 move to between Lot 29-30
);;o, NW Lot 87 move to NE Lot 141
Lot 98 move to SE corner of Lot 129
Hydrant Additions:
)�, Add one hydrant SE corner of Lot 35
From an operational aspect, it is important the hydrants are installed between the street
and sidewalk, at the correct height, and with the steamer port oriented the proper
direction.
Please contact me if you have any questions.
"Assisting our community in reducing, preventing, and mitigating emergencies. "
' Cl*ty
Kall'spell
Publi*c
p
µ Post Office Boy 1997. I a.hspell_ Montana 59903-1997 - Telephone (446)755-7720. Fax (406)758-7831
June 20, 2005
48 North, P.C.
P.O. Box 651
Whitefish, Montana 59937
Attention: Bret Walcheck, P.E.
Re: Mountain vista Estates
Kalispell, Montana
Dea r Bret:
The construction plans and supporting documents for the referenced project are hereby
approved with the following comments:
Regarding the placement of private utilities please ensure the project meets the
following:
1. There shall be reserved along the front lot line and side street lot line of each
residential lot a five foot (5' wide utility easement along, contiguous and
adjacent to the lot line to provide an area between the sidewalk and easement
line for the placement of privately owned underground utilities.
No underground utilities, except service sweeps from the utility trench to the
street lights, utility boxes, pedestals, vaults, or transformers shall be placed in
the boulevard between the back of curb and sidewalk or within a sidewalk itself.
No utility boxes, pedestals, vaults, or transformers shall be placed within the
radial extension of an easement, proposed roadway, or access way to any
city facility.
Only water, sewer and storm sewers may be placed within the street right-of-
way. No underground utilities, except service sweeps from the utility trench to
the street lights, utility boxes, pedestals, vaults, or transformers shall be
placed in the boulevard between the back of curb and sidewalk or within
a sidewalk itself. No aboveground utility bones, pedestals, vaults, or
transformers shall be placed within the boulevard, the raaral extension of an
easement, proposed roadway, or access way to any city facility.
The fire department has requested that a 5" Storz adapter shall be placed on the
pumper outlet of each fire hydrant for all future projects.
Attached is your copy of the letter of approval sent to the Flathead City -County Health
Department.
We look forward to working with you on this project.
Sincer ly,
Frank Castles, P.E.
Assistant City Engineer
Attachment: As Stated
ti
Cityof K
Post Office Box 1997 Kalispell, Montana 5990�-1997 - Telephone 406)758-77"0 Fax. (406)758-7831
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April 1, 2008
To: City of Kalispell Planning Ike t
From: Fred Zavodny, Kalispell r
Re: Mountain Vista Estates, .Phase 3
I have reviewed the final plat of Mountain. Vista Estates, Phase 3 and have found the road names
and lot addresses conform to Public works Department requirements.
Return to: sa<WhiKaliserkzoasv000a9x
P.O o� �� ��� �� �iI Page: 1 of 1
ispell, MT 59903 Paula Robin#on, Platt»ad County MT by NC 2/26/2008 36 AM
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We, Touchstone, C, d hereby agree to grant, .to the owners of the property adjacent to
the northern boundary of ounaua Vista Estates Phase I in the S /2 of the SW I4 of Section 2,
0 Township 28 North., Range 22 West,, Flathead County, Montana, a roadway thru Homeowners
Park A,k4ountain Vista Estates Phase 1, the exact location of which is to be determined at a later
"r date. C&ry c.0
0
0 TO HAVE AND TO HOLD said Easement unto said Grantee(s), his/her/their heirs and
Vassigns, as appurtenant to their land.
IN WITNESS WHEREOF, we have hereunto set our hand on this.
Cr 200
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N David J. Waker, Phillip G. Neuharth, Jr.,
Member of Touchstone, LLC Member of Touchstone, LLC
STATE OF tAo 14TAWA
• ss.
County of FINEAD }
This instnunent was acknowledged before me on V , 200
,g by David J. Walker.
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STATE OF MO ab a)
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This indent was acknowledged before me on , 200
Cd by Phillip G. Neuharth, Jr.
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06/ 20/ 2007 11: 24 7553055 MARQUARDT SURVE ",IG PAGE 02
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*�s ►,�+�+�+ ++� _�_.' ••-._ _ ..._..r_.-._.. .�..._______ ._._._... ._ ._ ..�.._._ Jim Lynch, Director
260n Schweitzer, Gavemor
Kalispell Area Office
85 Fifth Avenue East Norrti
PO BOX 7308
Kalispell, M F 59904--030$
June 20, 2007
Sean Conrad
City of Kalispell Planning Department
l 7 .- 2 d Street East mite 211
Kalispell, MT 59901
Subject: Mountam' Vista — Phase 2
Sean, this )ester is notification of approval. by the Mo-ntana Department of Transportation
(MDT) for Mountain 'Vista to proceed with the next phase of their development_
MDT has previously received documentation that the developers of Mountain Vista and
Spring Creek Estates have set aside adequate lands to complete the required
impravments to Secondary 424,
Currently the developers are scheduling a preconstruction conference with MDT so them`
conttactar can proceed with the construction of the required improvements this summer,
If you have any questions please feet free to contact me.
Sincerely,
Afttor-IN 0<1�0
James M. Freyhaltz, P.E.
Kalispell Area Traffic Engineer
(406) 751-2000
copies: File
,.An Eauct Oppor7uni7y �rnptoyer•
I TY: f800; 335•-7592
Phnnr, : ; 406) 75 a -2000 vYeb Poae: www mat mt. goy
Fax' 1,4 061 7 5 7 _,i 16 7
City of Ka
Public orS Department
Pas t Office Box t9�7, Kalispell, Montana 599�3-�99"� Telephone 4�� 7�Sw�7�� Fax �� P� � b 7 S S -7 S 3 I
March 7, 2008
Craig Kerzman, Building Official
Building Department
City of Kalispell
RE: Mountain Vista Estates, Phase 3
Dear Craig,
In accordance with the requirements of Ordinance No. 1524, Section 2, Paragraph 15,
we have received and examined the compaction reports submitted by carver
Engineering, Inc. The compaction reports indicate that the gravel pit was filled in
accordance with good engineering practice and the fi l I met or exceeded 95%
compaction for each lift. Therefore, building permits may be issued for Lots 70 through
77 and Lots 113 through 116.
If you have any questions, please do not hesitate to contact this office.
Sincerely.
Frank castles, P.E.
Deputy Public works Director/Assistant city Engineer
Cc: 48 North, P.C.
151 Business center Loop Suite A
Kalispell, MT 59901
CONTRACTOR'S CERTIFICATE OF COMPLETION
TO: DATE: 2121 /08
PROJECT TITLE: Mountain Vista Subdivision
City of Kalispell (PWD) Gravel Pit Filling
312 1 t Ave East
Kalispell, MT. 59901 PROJECT NO.:
ATTN: Engineer 48 North P.C. CONTRACT DATE:
FROM: Dse°'
(Firm or Corporation)
This is to certify that 1, .-A vk•� -e,� am an authorized official of
tEll "4 A Z.c . IR , working in the capacity of
7Wa Qc".s IJ t-&-+- and have been properly authorized by said firm or corporation to
V if
sign the following statements pertaining to the subject contract:
l know of my own personal knowledge, and do hereby certify, that the work of the contract
described above has been performed, and materials used and installed in every particular, in
accordance with, and in conformity to, the Contract Plans and Specifications with appropriate
coordination and testing performed and documented..
CONTRACTOR: o.5c %.. c
By: �`" I �'c,t
Titl e
RECEIVED FEB 212000
(J:1 7?L
Contractor's Certificate of Completion
Page
DECLARATION OF DESIGN GUIDELINES, CONDITIONS,
COVENANTS AND RESTRICTIONS FOR
MOUNTAIN VISTA. ESTATES PUD
THIS DECLARATION is made this ` dayof 200 b the
� y
undersigned, Touchstone, LLC. 1289 N. Meridian Road, kalispell, MT 59901.
Whereas, the undersigned is the owner of certain real property Known as
Mountain Vista Estates, according to the recorded plat thereof on file and of recording
with Office of the Clerk and Recorder of Flathead County, Montana. Mountain Vista
Estates is a subdivision located in the SW '/4, S2 T28N R22W., P.M.M., to be part of the
Home Owners Association and subject to these guidelines, conditions, covenants and
restrictions as described herein and administered by the DECLARATION OF
HOMEOWNERS ASSOCIATION BY-LAWS OF MOUNTAIN VISTA ESTATES
PUD.
THE HOMEOWNERS ASSOCIATION:
The Homeowners association shall be responsible for the care and maintenance of the
common properties and each homeowner's use of the common properties will be
governed by such rules as adopted by the Association. Touchstone, LLC shall establish a
checking account on behalf of the Homeowner's Association. Assessments shall be
$50.00 per lot per year, due January 1't of each year beginning in 2007. For the purposes
of maintaining and caring for these common properties, the Board of Directors may make
reasonable annual assessments to the lot owners and such assessment may be collected in
a suit subject to the provisions stated below for enforcement of covenants and may
become a lien upon the land by filing by the Board of Directors of a lien which shall
describe the lot, state the amount of the assessment that has not been paid, and when it
was assessed. A lot owner whose lot is subject to such a lien must pay the assessment
costs before the lien is released. This lien may also be foreclosed in the manner of
foreclosure for mortgages with the prevailing party entitled to attorney fees. Common
properties as used herein shall include designated parkland. Lot owners are encouraged
to remain active members of this Association. Each lot owner is a member of the
association by virtue of their acquisition of the lot. Lot assessments may be adjusted by a
majority of lot owners if deemed necessary by the Homeowner's Association.
Now THEREFORE,
Touchstone, LLC, herein referred to as the Declarant, being the owner of all the real
property mown as Mountain Vista Estates, according to the plat thereof on file and of
record in the Office of the Clerk and Recorder of Flathead County, Montana, hereby
declares that the said real property is, and shall be held, transferred, sold and conveyed,
subjected to the design guidelines, conditions, covenants and restrictions hereafter set
forth.
All persons or corporations who shall hereinafter acquire any interest in the above
des crib e d property shall be taken and held to agree and covenant with the owner of the
lots in said subdivision and with their heirs, successors, and assignees, to conform to and
observe the following conditions, covenants and restrictions as to the use thereof and as
the construction of dwellings and improvements thereon. Each owner is responsible for
complying with and meeting the spirit and intent of the criteria of the guidelines,
conditions, covenants and restrictions which are designed to provide a uniform plan for
the development of the whole of said subdivision.
1. No lot shall be used except for residential purposes. No building shall be erected,
altered, placed or permitted to remain on any lot other than the one detached single
family dwelling with not less than a two car garage, or a townhouse, on the approved
townhouse lots, not to exceed two stories, plus basement, in height, not to exceed 35
ft. and a private garage for not less than one car. However, the foregoing provisions
shall not be interpreted to exclude construction of a private greenhouse, garden shed,
private swimming pool, or shelter facilities, or port for the protection of such
swimming pool, or other recreational facilities, or for the storage of a boat and/or a
camping trailer kept for personal use, provided the location of such structures are in
conformity with the applicable municipal regulations, and are compatible in design
and decoration with the residence constructed on such lot.
2. The main floor area of the single family dwelling structure, exclusive of
basement, open or screened porches and attached garages, shall be no less than 1400
square feet for a dwelling of one story (1200 square feet for Phases II & 1II) or 1500
square feet for a dwelling of two stories. Split level/multi-level dwellings shall
contain a minimum floor area of 1800 square feet, with all levels, exclusive of garage
area within the dwelling unity, included In computation of footage for such dwellings.
Townhouse dwelling structures, exclusive of basement, open or screened porches and
attached garages, shall be not less than 1200 total square feet.
3. All structures, appurtenances and setbacks shad comply with City of Kalispell R-
2 zoning with a PUD overlay. Front, rear and side corner setbacks are 20 feet,
side setbacks are 5 feet- Percent of lot coverage is 3 5 % . Lot coverage is defined
as the total area of a lot covered by the principal and accessory buildings, or
structures including any area occupied by overhangs or roofs and any attachment
to a building or structure, but excluding (a) open decks less than 30 inches in
height. (measured from grade to top of the platform); and (b) an eave extending
up to two feet from the exterior wall of the building or structure.
4. Each owner of a lot within the subdivision shall construct a concrete driveway
from street to garage prior to occupancy of the dwelling. There after the owner
shall maintain and repair their driveway. Structures shall be guttered and the run
off water shall be retained on site.
5. No noxious or offensive activity shall be carried on upon any lot, nor shall
anything be done thereon which may be or may become an annoyance or nuisance to
the neighborhood, including but not limited to skateboard ramps, in or adjacent to,
any of the streets.
6. No structure of a temporary character, trailer, basement., tent,, shack, garage, barn
or other outbuilding shall be used on any lot at any time as a residence, either
temporarily or permanently.
7 No sign of any kind shall be displayed to the public view on any lot except one
professional sign, not more than five square feet, advertising the property for sale or
rent, or signs used by a builder to advertise the property during construction and sale
period. An appropriate entrance sign is excepted here from.
8. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any
lot; other usual household pets may be kept, provided that they are not kept, bred, or
maintained for any commercial purpose, and provided that they are not permitted to
cause damage, constitute a nuisance, or run at large in the neighborhood.
9. No house trailer, camper, boat or trailer of any type shall be stored or parked in
the front yard or driveway portion of any lot, or on any street within the subdivision;
such storage area must be behind adjacent building line.
10. No building shall be erected, placed, or altered on any lot until the construction
plans and specifications, and a plan showing the location of the structure, have been
approved by the Architectural Control Committee, as defined below, as to quality of
workmanship and materials, harmony of external design with existing structures and
as to location with respect to topography and finish grade elevation. No fence or wail
shall be erected, placed or altered on any lot nearer to any street than the building
setback line, unless similarly approved.
II. The Architectural Control Committee shall initially consist of (2) persons
designed by the undersigned ("Initial Committee"). Upon the erection and
completion of family dwellings, intended for separate occupancy and ownership, on
all of lots within the subdivision, the Initial Committee shall turn control of the
Architectural Control Committee over to the residents of Mountain Vista Estates
PUD, whereupon a majority of the residents shall appoint (4) members from within
the subdivision. All appointed members from the subdivision shall serve a (1) year
term. In the event of death or resignation of any member of the committee, the
remaining members shall have full authority to designate a successor for the balance f
that member's term. The members committee shall not be entitled to any
compensation for services performed pursuant to this covenant. The committee's
approval or disapproval as required in these covenants shall be in writing. In the
event the committee fails to approve or disapprove within. 30 days after plans and
specifications have been submitted to it, or in any event, if no suit to enjoin the
construction has been commenced prior to the completion thereof, approval will not
be required and the related covenants shall be deemed to have been fully complied
with.. The Architectural Control Committee will approve plans and placement of
house on each lot at their own discretion and will not be responsible, or liable in any
event if, in the course of decisions, a house should block a portion of all of another' s
view, or of any other dispute that may arise form the committee's decisions.
12. Approved projects must be completed within (6) months after issuance of a
building permit. Failure to complete work within the prescribed time will cause the
approval to be rescinded and resubmittal will be required. The .Architectural Control
Committee may grant an extension under extenuating circumstances brought to its
attention.
13. Regarding the physical structure (i.e. family dwelling and fencing) itself, the
following will. apply:
Roof: The roofing shall be composition material, or better,
with a rnirlimum 20-year warranty.
S iding: Siding must be applied over the sheeting of a
framed wall. Any application of vinyl siding shall
be approved by Architectural Control Committee
(i.e. colors, specifications, etc.). If the front
elevation is gabled, the gable siding must contrast
with the body siding.
Fencing: All fencing shall conform to city standards
regarding height.
Painting: All house colors must be approved by the
Architectural Control Committee.
14. 'Trues and shrubs or landscaping of any kind will be kept neat and orderly. The
front yard landscaping of each lot must be completed within four (4) months from
the date of completion of a family dwelling structure constructed thereon or prior to
occupancy, whichever event shall first occur. In the event of undue hardship due to
weather conditions, this provision may be extended upon written request to the
Architectural Control Committee.
15. All vacant lots and lots with partially constructed improvements shall be kept
clear of any construction debris. weeds and grass shall be kept mowed and not
allowed to grow to a height of more than six (6) inches. No trash, garbage or lawn
clippings/yard waste shall be placed at any time within the BPA easement.
16. No lot shall be used or maintained as a dumping ground. Rubbish, trash,
garbage or other waste shall not be kept except in sanitary containers, pending
collection and removal. All incinerators or other equipment for the temporary storage
of material shall be kept in a clean and sanitary condition.
17. These covenants are to run with the land and shall be binding on all parties and
all persons clan' g under them for a period of thirty (30) years from the date these
covenants are recorded; after which time said covenants shall be automatically
extended for successive periods of ten (10) years. In the event that it appears to the
advantage of this platted subdivision that these restrictions should be modified, then
and in that event, any modification desired may be made by affirmative vote of 80%
of the then owners of lots within this subdivision and evidence by suitable instrument
filed for public record; or if such event occurs during the development period such
modifications or waiver of non -conformity may be evidenced by special permission
granted in writing by the undersigned or it successor interest.
1.8. Enforcement shall be by proceeding at law or in equity against any person or
persons violating or attempting to violate any covenant, either to restrain violation, or
to recover damages. Invalidation of any one of these covenants by judgment or court
order shall in no way affect any of the other provisions, which shall remain in full
force and effect.
BY: �,z���� Date:
STATE OF MONTANA
:ss
County of Flathead
1-11
On this 0 day of A0 , before me, the undersigned,
a Notary public for the State of 14ontana, personally appeared Touchstone, LLC,
known to me to be the person whose names are subscribed to the within instrument,
and acknowledged to me that they executed the same.
IN WITNESS Va REOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year in this certificate last above written.
STATE OF MONTANA
:ss
County of Flathead
Recorded at the request of
Notary liJ. !P,
r the State of :Montana
Residing L���l / 2Yo12knL'
My commission Expires dl2ary fj4r D7
this day of at
recorded in the records of Flathead County, State of Montana.
Fee $ Pd.
RECEPTION NO.
RETURN To
O'clock M and
Flathead County Clerk and Recorder
Deputy
DECLARATION OF HOMEOWNERS
ASSOCIATION BY-LAWS -L.AWS OF MOUNTAIN VISTA ESTATES PUD
TIUS DECLARATION is made this 3 ` day of 20 b
Touchstone LLC, hereafter referred to as "Declarant",
WHEREAS, Declarant is the owner of certain real property to the covenants,
conditions and restrictions hereinafter set forth, each of which is and are for the
benefit of said property and for each owner thereof, and shall inure to the benefit of
and pass with said property and each and every parcel thereof, and shall apply to and
hind the successors in interest, and any owner thereof;
W MREAS, Declarant is desirous of subjecting said real property to the
covenants, conditions and restrictions hereinafter set forth, each of which is and are
for the benefit of said property and for each owner thereof, and shall inure to the
benefit of and pass with said property and each and every parcel thereof, and shall
apply to and bind the successors in interest, and any owner thereof;
NOW, THEREFOR, the Declarant hereby declares that the real property
hereinafter described is and shall be held, transferred, sold and conveyed to the
covenants, conditions and restrictions hereinafter set forth;
ARTICLE I
The real property which is and shall be held, transferred, sold and conveyed
subject to the covenants, conditions, and restrictions hereinafter set forth, is located in
Flathead County, Montana, and is more particularly described as follows to wit:
MOUNTAIN VISTA ESTATES PUD
ARTICLE II
DEFINITIONS
I. "Association shall mean the association of the lot owners of the property known
as Mountain Vista Estates PUD.
2. "owner" shall mean the record owner of a fee simple title to any lot that is a
part of the Property, and shall include contract buyers but not contract sellers.
3. "Property" shall mean the real property described in Article I, above.
4. "Common Area" shall mean all real property owned by the Association for the
Common use and enjoyment of the owners but not limited to parks, trails, roadways,
easements, well sites, community water system, recreational facilities, and surface or
storm water collection and drainage systems.
5. "Lot" shall mean all lots.
ARTICLE III
PI TR PORF
The property is subject to the covenants, conditions and restrictions hereby
declared to insure the best use and the most appropriate development and
improvement of each building site thereof, to protect the owners of building sites as
will appreciate the value of their property, to preserve so far as is practical the natural
beauty of said property; to guard against the erection thereon of structures built of
improper or unsuitable material; to encourage and secure the erection of attractive
homes thereon; to adequately provide for a high quality of improvements on said
property and thereby enhance the values of improvements made by purchasers of lots,
to be responsible for operation and maintenance of the water system, waste water and
storm water facilities in accordance with requirements set forth by the Montana
Department of Health and Environmental Sciences and be responsible for upkeep of
the subdivision and common facilities.
ARTICLE IV
DEFINITION OF OWNERSHIP
Section 1.07. "Lot" shall mean and refer to each of the 168 lots which are shown
on the Plat of the Project which are intended for individual ownership.
Section 1.08. "Lender' shall mean a mortgage holding a first mortgage on any
Lot or a beneficiary holding a first deed of trust on any Lot.
Section 1.09. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of fee title to any Lot, including contract sellers, but
excluding those having an interest in a Lot merely as security for the performance of
an obligation.
Section. 1.10. "Plat" shall mean and refer to the plat of Mountain Vista Estates in
the official records of the County Recorder of Flathead County, Montana by which
Declarant has subdivided the Project.
Section 1.11. "Project" shall mean and refer to all real property described herein,
and such additions thereto as may hereinafter be brought within the jurisdiction of the
Association.
Section 2.01. Easements of EnLo ent. Every owner shall have a right and
easement of enjoyment in and to the Common Area which shall be appurtenant to and
shall pass with the title in every Lot, subject to the following provisions:
a. The right of the Association to charge reasonable admission and other fees
for the use of any recreational facility situated upon the Common Area.
b. The right of the Association to suspend the voting rights and right to use
of the recreational facilities by an Owner for any period during which any
assessment against his Lot remains unpaid: and for a period not to exceed
sixty (60) days for any infraction of the published Association Rules.
c. The right of the Association to dedicate, transfer or grant easements to all
or any part of the Common Area to any public agency, authority, or utility
for such purpose and subject to such conditions as may be determined by
the Board, including the right to transfer all or part of the Common Area
to the Mountain Vista Estates PUD Property Owners Association, Inc.
Section 2.02. Delegation of Use Any Owner may delegate his right of
enjoyment to the Common Area and facilities to the members of his family, his
tenants, or contract purchasers who reside in the Project.
ARTICLE VI
MEMBERSHIP AND VOTING RIGHTS
Section 3.01. Membership. Every Owner of a Lot, which is subject to
assessment, shall be a member of the Association. Membership shall be appurtenant
to, and may not be separated from ownership of a Lot, which is subject to assessment.
Upon transfer of title to any Lot, the new owner shall automatically succeed to
membership in the Association.
Section 3.02. Voting Classes. The Association shall have two classes of voting
membership.
Class A: Class A. members shall be all Owners with the exception of the Declarant
and shall be entitled to one vote for each Lot owned. When more than one person
holds an interest in. any Lot, all such persons shall be members. The vote for such Lot
shall be exercised as the members among themselves determine, but in no event shall
more than one vote be cast with respect to any Lot.
Mass B: The Mass B member shall be the Declarant. The Declarant, as the Class
B member, shall solely be entitled to vote in Association affairs and shall elect all
members of the Board of Directors until the Mass B membership shall cease and be
converted into Mass A membership. The Mass B membership shall cease and be
converted into Mass A membership not later than 120 days after the happening of
either of the following events, whichever occurs earlier.
a. when 95% of the lots in the Project have been sold to owners by
the Declarant, or
b. On January 15, 2008
Section 3.03. Board of Directors. The governing body of the Association
shall be the Board elected pursuant to the Bylaws. The Board shall consist of not less
than three (3) nor more than five (5) members. The Board may act to increase or
decrease its membership within the aforesaid limits and to fill vacancies in its
membership for the unexpired portion of any term. Except as otherwise provided in
the Declaration, the Bylaws, or the Association Rules, the Board may act in all
instances on behalf of the Association. The Board shall adopt the Bylaws and
Association Rules.
DATED this day of �
Mountain ista Estates PLM
By:
Touchstone, tLc
STATE OF MONTANA )
SS.
County of Flathead )
On this day of , before me, the undersigned, a
Notary Public for the State of Montana, personally appeared before me Touchstone, LLC,
known to me to the be the person whose names are subscribed to the within instrument,
and acknowledged to me that they executed the same.
IN WITNESS WBEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year in this certificate last above written.
STATE OF MONTANA
SS.
County of Flathead
Recorded at the request of
This day of
Notary Pu li f r the State of Mo taua
Residing
My Commission Exp' es U at�
at o'clock M and
recorded in the records of Flathead County, State of Montana.
Fee $ Pd.
RECEPTION NO.
RETURN TO
Flathead County Clerk and Recorder
Deputy
FLATHEAD STATION
248 FIRST AVENUE WEST
KALISPELL MT 59901
Nove m her 7, 2005
Planning Board:- Mountain Vista Estates --
To whom It May Concern. -
The above referenced project has been reviewed. A suitable location for mail delivery has been
established . Centralized boxes will be installed with a turnout 10 feet wide and at least 20 feet long for the
carrier to service and leave theses bones.
The developer will be responsible for purchasing the CEBUs. The Developer or homeowners
individually or collectively will.bg responsible to beep the roadway end area to the bones clear of ice and
snow.
If you have any questions please feel free to calf me at (406) 755-0187.
Sincerely yours: '
Elden Marvel
Manager Customer Services
(406Y755-0187
FAx: (406�755-0376
PLANNED UNIT DEVELOPMENT AGREEMENT
MOUNTAIN VISTA ESTATES
v4
THIS AGREEMENT, made as of the �-� day of May,2006 by Touchstone LLC a
Montana limited liability company, of 1289 North Meridian Road, Kalispell, MT 59903,
hereinafter TOUCHSTONE, and the City of Kalispell, a municipal corporation, of 312 1st
Avenue East, Kalispell, Montana 59901, hereinafter C=;
WITNESSETH
WHEREAS, TOUCHSTONE is the fee owner of certain real property located in Kalispell,
Flathead County, Montana, which is further described as Parcels A & B of
Certificate Of Survey # 16084 in Section 2, Township 28 North, Range 22 West,
P.M.M. Flathead County, Montana and is hereinafter referred to as "Subject
Property'; and
WHEREAS, (i) TOUCHSTONE desires to have a Planned Unit Development overlay (PUD)
upon the subject property currently zoned as R-2 Single Family Residence that
would allow some flexibility in lot sizes, housing types and site configuration;
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
§ 1.01 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. 4973 conditionally approving the preliminary plat of the Mountain
Vista Estates PUD and incorporated fully herein by this reference.
PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES
Page I of 8
§ 1.02 Relationship to Zoning 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.
§ 1.03 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.
§ 1.04 Effectiveness and Cancellation
The provisions of this Planned 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 maybe modified or amended only as set forth in Article
N hereof.
§ 1.05 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.
H. PARCEL DESCRIPTION
§ 2.01 The Subject Property, described in the recitals above, shall be developed with the
infrastructure improvements as described below.
No building permit shall be issued for any of the parcels unless and until all improvements
specified in this Agreement as -well as those infrastructure improvements which may be required
by the City of Kalispell's Standards for Design and Construction are either constructed or
security provided guaranteeing construction of said improvements for that particular parcel upon
which a building permit is requested.
III. SITE CONDITIONS AND REQUIREMENTS
1. 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.
2. The development of lots in the PUD shall be subject to architectural review as outlined in
the application and supporting materials and a letter shall be submitted to the Kalispell Site
PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES
Page 2 of 8
Development Review Committee from the Architectural Review Committee of the
homeowners association prior to the issuance of a building pennit.
3. The plans and specifications for all public infrastructure shall be designed and installed in
accordance with the Kalispell Design and Construction Standards and a letter shall be
obtained stating that they have been reviewed and approved by the Kalispell Public works
Department.
4. A minimum 20-foot buffer strip shall be established between Three Mile ]give and the
subdivision that will include a bike and pedestrian trail and buffering in the form of
berrning or landscaping or both. These improvements shall be coordinated with the
Kalispell Public works Department, Parks and' Recreation Department, Flathead County
Road Department and Montana Department of Transportation.
5. A pedestrian trail shall be developed within the BPA easement between the two internal
roadways that has been reviewed and approved by the Kalispell Parks and Recreation
Department. The cost of developing the pedestrian path shall be counted towards the
parkland dedication requirements.
6. 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.
7. he area designated on the plat as "park" shall satisfy in part 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.
Parkland dedication requirements are based upon 11 percent of the area in lots. Subtracting
the required one --acre parcel for the fire substation approximately 29.54 acres is in lots
generating a need for 3.25 acres in parkland or a combination of parkland with
improvements., The remaining 1.79 acres can be met through a cash equivalent in
improvements to the property. Based on a valuation of $18,000 per acre, remaining
improvements and or cash in lieu of parkland would be in the amount of $32,220.
8. 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 the
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) Section 503.
PLANNED UNIT DEVELOPER'S AGREEMENTI1\40UNTAIN VISTA ESTATES
Page 3 of 8
d. Due to project phasing it should be noted that hazardous weed abatement shall be
provided in accordance with City of Kalispell Ordinance 1 0-8.
e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for
construction of a future fire station. It should be noted that the minimum lot size
acceptable for fire station design is Zoo feet by Zoo feet.
f. It is recommended that consideration be given to annexation of Three Mile Drive and
Farm to Market Road adjacent to the public rightwof--way.
9. The parcel indicated for the fire department- substation shall be increased in size in
accordance with the requirements of the Kalispell Fire Department and be conveyed to the
City of Kalispell at no cost to the City at the time of final plat submittal. If the lot proposed
for the fire department substation is not needed or wanted by the City, a letter shall be
obtained from the Kalispell Fire Department stating as much as the lot shall be converted to
two lots for single family residential development.
10. A provision shall be made for a future 60 foot right of way easement within the subdivision
that would allow for the extension of the proposed roadway to provide future access to
adjoining properties to the west in the area of the BPA transmission easement along the
north boundary.
11. A letter shall be obtained from the Montana Department of Transportation and Flathead
County Road Department stating that the proposed accesses onto Three Mile Drive (Farm
to Market Road) has been reviewed and approved and any associated and necessary
improvements have been satisfactorily completed.
12. 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. A letter shall be
obtained from the Kalispell Public Works Department stating the naming and addressing on
the final plat have been reviewed and approved.
13. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A five foot utility easement be placed
behind the right-of-way along all lots to allow for the placement of utilities minus City sewer
and water. The placement of utilities should be coordinated with the respective utility
companies prior to construction. A letter from the Kalispell Public Works Department shall be
obtained stating that the required easements are being shown on the final plat.
14. After the construction and installation of utilities are completed, the developer shall insure that
all property corners are replaced by a licensed surveyor that might have been disturbed during
construction. In locations where there is a conflict such as an electrical pad, an offset marketer
shall be placed and recorded on the final plat.
I S. The filling of the gravel pit shall be coordinated with the City of Kalispell Public Works
Department with the appropriate testing performed and documented.
PLANNED UNTT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES
Page 4 of 8
16. The covenants and homeowners by-laws shall specifically include the required setbacks and
other development standards. A provision shall be included in the covenants and by laws
that addresses the assessments and maintenance of the common areas including the BPA
easement. Additional language shall be included in the covenants to prohibit the dumping
of any lawn clippings, leaves, garbage or other debris in the BPA. easement. The covenants
shall be corrected to reflect the correct language that relates to this subdivision and
eliminates language that refers to the maintenance of private water and/or sewage treatment
systems.
17. The developer shall provide a letter from the U.S. Postal Service approving the plan for
mail service.
IS. Street lighting shall be located within the subdivision and shall be shielded so that it does
not intrude unnecessarily onto adg'oining properties.
19. All utilities shall be installed underground.
20. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
21. All areas disturbed during development of the subdivision shall be re -vegetated with a
weed -free mix immediately after development.
22. A note shall be placed on the face of the final plat, which waives protest to the creation of a
special improvement district for upgrade of roads in the area to City standards, which are
impacted by this subdivision.
23. The final plan as approved, together. with the conditions and restrictions imposed, shall
constitute the Planned Unit Development (PUD) zoning for the site.
24. 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 two year extension
as each phase of the subdivision plat has been completed and Bled.
IV. AMENDMIENT OR MODIFICATIONS OF
DEVELOPN[ENT AGREEMENT
§ 4.01 This Development Agreement may be amended or modified only, by application of the
owner, in accordance with the procedures set forth herein.
§ 4.02 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.
§ 4.03 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
PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES
Page 5 of 8
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.
§ 4.04 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.
§ 4.05 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.
§ 4.06 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.
§ 4.07 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. CONSTRUCTION PERMITTING
I. 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.
H. 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.
VI. MISCELLANEOUS
§ 6.01 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 August 15, 2008, whichever
occurs first.
§ 6.02 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.
PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES
Page 6 of 8
§ 6.03 Recordation
This Agreement shall be recorded along with the CCNR's with respect to the subject
property.
§ 6.04 Entire Agreement - 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 CCNR's, filed with respect to
the subject property, this Agreement shall take precedence.
§ 6.05 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the respective parties
heirs, successors and assigns.
Dated this Zz, = day May, 2006.
y3
TOUCHSTONE, LLC
Managing Member
CITY OF KA.LISPELL
BY:
Jai' H. Patrick, City Manager
PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES
Page 7of8
STATE OF MONTANA )
):ss
County of Flathead )
rd
On this ZZ dayof May, 2006, before me, the undersigned,a Mot Public for the State
� �`y
of Montana, personally appeared =_ --A tlf { J, 1614LKI
._.....-1 managing member of
Touchstone, LLC, that executed the foregoing instrument, and acknowledged to me that he/she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
Notary Pi4lic, State of Montan-a
Residing at ' . I i�A I A�
My Commission Expires Jamwarv'15--
abD�
STATE OF MONTANA )
):ss
County of Flathead )
On this day of M , 20 , before me, a Notary Public in and for the
State of Montana, personally appeare AMES 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 Publi State 6T'Montana-
�A 0TAResiding at
• My Commission Expires 1
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OF M p t����`��
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PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES
Page 8 of 8
CONSENT To PLATTINC-
Pursuant to Section 76-3-612, MCA, the undersigned, FLATHEAD BANK OF BIGFORK,
Beneficiaries as recorded November 20, 2007 as Instrument No. 2007-000-35394, Flathead County,
Montana, hereby consent to platting and dedication of land included in the plat of MOUNTAIN
VISTA ESTATES PHASE III.
IN WITNESS".-TICREOF, said parties have caused their names to be subscribed thereto, on
this e5 day of
STATE OF MONTANA )
ss.
County of Flathead )
This instrument was acknowledged before me on tq'�? 200y,
by , of Flathead Bank ofYigfork.
ti
Notary Public for the State of c)mp . {
-�� `rr r#++ ��� Rsdiligt
61_ My Commission expires
r
S • r
OF
�lllllli�til(ttilltill
Subbivision Guarantee
Guarantee No.: 2444QQ-CT
Issued by
First American Title Company
704 South Main/P.O. Box 1310
.. Kal&pell, M T 59901
Title Officer. Derek Elliott
Phone: (406)752-5388
FAX.• (406)752-9617
Farm No. 1282 (Rev 12j15/95)
Subdivision Guarantee
Guarantee No,: 244400-CT
Form 1349
CLTA Guarantee Face Page
(Revised 12/15/95)
., A M P"
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE,
First American Title Insurance 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.
Whist . Ain adcais Tiffe Insitraiwe Ontilmiq
BY RFZDMvT
TWT SBMM. Y
First American Title Company
owl
AUTHORIZED SIGNATORY
Subbvision Guarantee
Guarantee No.: 244400-CT
SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE
Order No.: 244400-CT
Guarantee No.: 244400-CT
Fee: $150.00
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,
FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY
GUARANTEES:
Marquardt & Marquardt Surveying
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS,
in a sum not exceeding $5,000.00.
THAT according to those public records which, under the recording laws of the State of Montana, impart
constructive notice of matters affecting the title to the lands described on the attached legal description:
THAT POKI ON OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 2, TOWNSHIP 28
NORTH, RANGE 22 VILEST, P.M., M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL AS SHOWN ON CERTIFICATE OF
SURVEY NO. 16814, WHICH POINT IS THE INTERSECTION OF THE NORTH LINE OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, WITH THE EAST RIGHT OF WAY OF FARM TO
MARKET ROAD; THENCE ALONG THE EAST RIGHT OF WAY OF FARM TO MARKET ROAD,
SOUTH 00056'40" WEST 180.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
ALONG THE EAST RIGHT OF WAY OF FARM TO MARKET ROAD, SOUTH 00056140" WEST
165.81 FEET TO A POINT ON AN 885.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY,
HAVING A RADIAL BEARING OF SOUTH 89003'26" EAST; THENCE SOUTHERLY AND
EASTERLY ALONG THE CURVE AND ALONG SAID RIGHT OF WAY, THROUGH A CENTRAL
ANGLE OF 86018'56" AN ARC LENGTH OF 1333.25 FEET; THENCE NORTH 04037'38" EAST
145.00 FEET; THENCE NORTH 06047'37" EAST 84.78 FEET; THENCE NORTH 06005'52" EAST
97.19 FEET; THENCE NORTH 79028'52" WEST 86.34 FEET; THENCE NORTH 71041'14" WEST
60.17 FEET; THENCE NORTH 65029'30" WEST 120.02 FEET; THENCE NORTH 51023'02" WEST
136.48 FEET; THENCE NORTH 37009'40" WEST 103.71 FEET; THENCE NORTH 29053'37"
WEST 59,84 FEET; THENCE NORTH 23046'07" VILEST 59.79 FEET; THENCE NORTH 17038,53"
(NEST 56.53 FEET; THENCE NORTH 02027'26" WEST 115.79 FEET; THENCE NORTH 06030'05"
EAST 211,32 FEET; THENCE SOUTH 89048'06" VILEST 370.21 FEET TO THE POINT OF
BEGINNING.
TO BE KNOWN AS MOUNTAIN VISTA ESTATES PHASE 3.
(A) Parties having record title interest in said lands whose signatures are necessary under the
requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation
of Plats and offering for dedication any streets, roads, avenues, and other easements offered for
dedication by said Plat are:
Touchstone LLC-vested owner
Flathead Bank of Bigfork-Beneficiary
Subdivision Guarantee Guarantee No.: 200-CT
(B) Parties holding liens or encumbrances on the title to said lands are:
(C) Easements, claims of easements and restriction agreements of record are:
1. County road rights -of -way not recorded and indexed as a conveyance of record in the office of
the Clerk and Recorder to Title 70, Chapter 21, M . C.A., including, but not limited to any right of
the Public and the County of Flathead to use and occupy those certain roads and trails as
depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead
County.
2. 2008 taxes and special assessments are a lien; amounts not yet determined or payable. The first
one-half becomes delinquent after November 30th of the current year, the second one-half
becomes delinquent after May 31st of the following year.
General taxes as set forth below. Any amounts not paid when due will accrue penalties and
interest in addition to the amount stated herein:
Year 1st Half Znd Half Parcel Number
Zoo? $799.65 $799.64 01-0623875 Affects
(Paid) (Not Paid) premises and
other property
3. Provisions in document to James O'Boyle, recorded May 5, 1910 in Book 71 , Page 24.
4. Provisions in document to Carl M. Nommensen and Norma Nommensen, recorded May 16, 1958
in Book 421 , Page 59.
5. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by Record of Survey Nos. 16084 and 16814, but
deleting any covenant, condition or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status, or national origin to the extent such
covenants, conditions or restrictions violate 42 USC 3604(c).
6. Ordinance No. 1524, recorded June 9, 2006, as Instrument No. 2006-160-08410.
7. Deed of Trust dated November 20, 2007, to secure an original indebtedness of $856,347.75, and
any other amounts and/or obligations secured thereby
Recorded: November 20, 2007, as Instrument No. 2007-00035394
Grantor: Touchstone, LLC
Trustee: Citizen's Title and Escrow Co., Inc.
Beneficiary: Flathead Bank of Bigfork
8. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the proposed plat of Mountain Vista Estates
Phase 3, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, or national origin to
the extent such covenants, conditions or restrictions violate 42 USC 3604(c).
Date of Guarantee: January 23, 2008 at 7:30 A.M.
Subdivision Guarantee Guarantee No.: 2444O-CT
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public
records.
(c) (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 under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the 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 to which such land abuts, or the right to maintain therein
vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth
in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss to the Assured; or (3) 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 the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the 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.
2. Notice of Claim 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.
3. 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.
4. 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 3 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 4(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.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 2 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.
Form No. 1282 (Rev. 12/15/95)
Subdivision Guarantee
Guarantee No.: 244400-CT
6. 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.
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 such 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 options under Paragraph 4, 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 4.
7. 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 From Coverage of This
Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the
least of:
(a) the amount of IiabiI4 stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an
Assured mortgagee, as limited or provided under Section 6 of these Conditions and
Stipulations or as reduced under Section 9 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
stated herein and the value of the estate or interest subject to any defect, lien or
encumbrance Assured against by this Guarantee.
8. 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.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorneys` fees
and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro Canto.
10. 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 foss 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.
11. 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.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand
arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out of or relating to this
Guarantee, any service of the Company in connection with its issuance or the breach
of a Guarantee provision or other obligation. All arbitrable matters when the Amount
of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company
or the Assured. All arbitrable matters when the amount of liability is in excess of
$1,000,000 shall be arbitrated only when agreed to by both the Company and the
Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties.
The award may include attorneys' fees only if the laws of the state in which the land is
located permits a court to award attorneys' fees to a prevailing parry. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance
Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. 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.
14. 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 1 First American Way, Santa Ana, CA. 92707.
Form No. 1282 (Rev. 12/15/95)
Subbivision Guarantee
Guarantee No.: 244400- CT
F irstAmefican Title Company
704 South Main/P.O. Box 1310, Kalispell, MT 59901
Phone(406)752-5388 - Fax(406)752-9617
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand
that you may be concerned about what we will do with such information — particularly any personal or financial information. We
agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may
use information we have obtained from an other source such as information obtained from a public record or from n
r entity. Fir American h y ' • i? d a other person
o e Firstas also adopted broader guidelines that govern our use of personal information regardless of its source.
tYP g 9 P 9
First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means;
Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated parry.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or Z as permitted b law. We may, however, store such information indefinite) including the
Y q � i P Y Y► Y► 9
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we orouraffiliated companies have joint marketing agreements.
P ►
P � 9 9
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services t P you. We will use our best fforts to train and oversee our employees and agents to ensure that our information will be
handled responsibly and in accordance with this PrivacyPolicyand First meican's Fair g Information Values,y vile current) maintain
electronic and procedural safeguards that comply with federal regulations to guard our nonpublic personal information.
physical, ► P 9 PY 9 9 Y P
o 2001 The First American Corporation • All Rights Reserved
FIRST AMERICAN TITLE COMPANY
ACKNOWLEDGEMENT/CORPORATE
STATE OF Montana )
SS.
COUNTY OF Flathead )
On � i � ;�-(.�Q � ,before me, a Notary
Public, personaify appeared � %'i G, dam.
known to me toJbe the Authorized Signatory
of the Corporation.
Signature of Notarial Officer
Notary Public for the State of Montana
i"I'll
Residing at:
Con-u-nission Expires: � �� � �' � � OU-1
CHERIE A. ED ARDS
NOTARY PUBLIC �
144
� ter the
4 State Of Montana
* `��.• * Residing at
SEA. Ka lspen, Montana
M My Commission Expires
WOW 16, 2011
City of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
"Telephone: (406) 751-1850
Fax: (406) 751-1858
FINAL PLAT APPLICATION
Project /Subdivision Name: M mi m a i n Vista Fs t a t P s P h a s e T T T
Contact Person:
Name: Marquardt & Marquardt.... Surveying
Address
Phone No.: 75 5 -628 5
Date of Preliminary Plat Approval: F e b r u a r y, 7, 2 0 6
Owner & MaiHng Address:
Type of Subdivision: Residential X Industrial Commercial PUD X other
Total Number of Lots in Subdivision 4 0
Land in Project (acres) 9 . 7 4
Parkland (acres) Phase I Kash -in -Lieu $ Exempt
No. of Lots by Type:
Single Family 3 2 Townhouse Mobile Home Park
Duplex 7 Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development -
Condominium Multi. -Family other I
Legal Description of the Property
f S 8
FILING FEE ATTACHED $.5, $,.50....0.0
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)
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
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 50 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 8i Recorder requests that all subdivision
final plat a plications be accompanied with a digital copy.
�),."I �7-
Owners) Sign ure 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 existinr, !)division corner or a corner of the public land survey system
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