Loading...
I1. Glacier Village Greens Ph 21 Final PlatPlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager qr�' FROM: Jarod Nygren, Senior Planner SUBJECT: Final Plat request for Glacier Village Greens Phase 21 MEETING DATE: February 20, 2018 BACKGROUND: Sands Surveying Inc., submitted a request, on behalf of Go Development, LLC, for final plat approval of the Glacier Village Greens Subdivision Phase 21, a 18 lot residential subdivision on 3.65 acres. On March 30, 2016 the city granted final plat approval to Phase 22C which is located on the east side of the development. Phase 21 is located on the west side of Glacier Village Greens and is the second to last phase for the golf course community. The property is located within the E2 NW4 & W2 NE4 of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. A more precise legal description of the subject property is attached as Exhibit "A". The City Council approved the preliminary plat with 16 conditions in December 2002, with Resolution #4762. All of the conditions have been met or adequately addressed. RECOMMENDATION: It is recommended that the City Council approve the final plat for Glacier Village Greens Phase 21. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: February 2, 2018 c: Aimee Brunckhorst, Kalispell City Clerk PLANNING FOR THE FUTURE February 7, 2018 Doug Russell, City Manager City of Kalispell 201 1st Ave E Kalispell, MT 59901 MONTANA Re: Final Plat request for Glacier Village Greens Phase 21 Dear Doug: Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Sands Surveying Inc., submitted a request, on behalf of Go Development, LLC, for final plat approval of the Glacier Village Greens Subdivision Phase 21, a 18 lot residential subdivision on 3.65 acres. On March 30, 2016 the city granted final plat approval to Phase 22C which is located on the east side of the development. Phase 21 is located on the west side of Glacier Village Greens and is the second to last phase for the golf course community. The property is located within the E2 NW4 & W2 NE4 of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. A more precise legal description of the subject property is attached as Exhibit "A". The City Council approved the preliminary plat with 16 conditions in December 2002, with Resolution #4762. All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval contained within Resolution #4762. COMPLIANCE WITH CONDITIONS OF APPROVAL General Conditions: 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. Staff Response: This condition has been met. The subdivision is substantially in compliance with the approved preliminary plat. The lot and roadways very closely match those that were proposed and approved under the preliminary plat. 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. Staff Response: This condition has been met. All the improvements were installed and certified as complete with approval of Phase 21. Attached are the letters from Carver Engineering and the City of Kalispell Public Works Department certifying that all the improvements are complete. See attached letter from Carver Engineering dated December 6, 2017 and Public Works letter dated February 12, 2018 In addition, the Kalispell Parks and Recreation Department has agreed to allow the developer to implement a "Landscaping Agreement" for the twenty-five trees that will be installed as the lots develop. The developer has paid the Parks Department $11,103.75 for the trees. See the attached letter from the Kalispell Parks and Recreation Department, dated November 3, 2017. 3. That a letter be obtained from the Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. Staff Response: This condition has been met. See the attached letter from Kalispell Public Works, dated January 27, 2017. Additionally, see letter from DEQ dated January 31, 2017. 4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that pertains to the stability of the slope and identifies any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. Staff Response: This condition does not apply for Phase 21, as this sub -phase is not adjacent to the slopes in question. 5. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. Staff Response: This condition has been met. See the attached letter from Kalispell Public Works, dated January 27, 2017. 6. That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. Staff Response: This condition has been met. See the attached letter from the Flathead County Water & Sewer District #1 — Evergreen, dated January 6, 2017, 7. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. Staff Response: This condition has been met. See the attached letter from Kalispell Public Works, dated January 27, 2017 and Kalispell Fire Department dated October 18, 2016. The roads were named as part of previous phases. 8. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. Staff Response: This condition has been met. See the attached email from the United States Postal Service, dated October 4, 2017. 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. Staff Response: This condition has been met. See the attached letter from Kalispell Public Works, dated February 12, 2018. 10. That the parkland dedication requirements shall be met by recognizing the existing park and parking improvements as well as open space within the development. Staff Response: This condition has been met. The applicant dedicated 6.167 acres of parkland along with the previous final plat of Phase 22A. 11. All utilities shall be installed underground. Staff Response: This condition has been met. All of the utilities have been installed underground. 12. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision as well as fire flows and access shall be submitted with the final plat. The fire access and suppression system shall be installed and approved by the fire department prior to final plat approval. Staff Response: This condition has been met. See the attached letter from the Kalispell Fire Department, dated October 18, 2016. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. Staff Response: This condition has been met. All of the required infrastructure for the subdivision has been constructed. The remaining improvements to be installed are the street trees, and the applicant has entered into a "Landscaping Agreement" to ensure the trees are installed by the Kalispell Parks Department. 14. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. Staff Response: This condition has been met. All of the areas that were disturbed during the development of Phase 21 were completed in substantial compliance with the approved plans and specifications, including re -vegetation of disturbed areas with a weed -free seed mix. 15. That the boundaries of the 100-year floodplain be established and delineated on the final plat. Staff Response: This condition has been met. There is no floodplain associated with Phase 21 as it has no frontage on the Whitefish River. 16. That preliminary approval shall be valid for a period of three years from the date of approval with a three year extension as the final plat for each phase is filed. Staff Response: This condition has been met. The final plat was submitted prior to the expiration of the preliminary plat approval, which was initially granted in 2002 and was extended with the filing of final plat subsequent subdivision phases. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was approved by the Kalispell City Council on December 16, 2002. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-4 zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for Glacier Village Greens Phase 21. Please schedule this matter for the regular city council meeting of February 20, 2018. Attachments: - 2 Mylars of the final plat - 11 x 17 copy of final plat - Applicant responses dated 1/31/18 - Final plat application - Stewart Title Company Report G-0000-695584098 dated 1/3/2018 - Declarations and Covenants - Flathead County tax certification dated 1/30/2018 - Letter from Carver Engineering dated 12/6/2017 - Letter from Kalispell Public Works Department (engineering approval) dated 1 /27/2017 - Letter from Kalispell Public Works Department (acceptance of improvements) dated 2/ 12/2018 - Montana Department of Environmental Quality approval letters dated 12/13/2017 and 1/31/2017 - Letter from Flathead County Water & Sewer District #1 — Evergreen dated 1/6/2017 Kalispell Fire Department letter dated 10/18/2016 Kalispell Parks and Recreation letter dated 11/3/2017 - United States Post office email dated 10/4/2017 - Legal description c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: Eric Mulcahy, Sands Surveying 2 Village Loop Kalispell, MT 59901 ® J 1� re 8 I g u I � � �R x E ti ty l �9 y i m O d 's "°"' �� � a�gtga as �E �► ?3!'+k}8 .�3 aa® M I� hi �s ak$�9��'63' �& o°' w d .w'�'"Qaaa�cm�'",."' I I °Y•x�er tx%a.rpx � � �e ���: ��3�8�,$�$9� � Ok \yaq ffi Y�,..e...� 8 kyag8E38S� 8E g, y a 8s�;3 g 9 9&° $�� 3 a a s -�;Fr�a�e�'3�393�g3 p y Exhibit "A" A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE EAST HALF OF THE NORTHWEST QUARTER AND IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the northeast corner of Lot 12 of the Amended Plat of Lots 8A through 17B, Glacier Village Greens, Ph. XX (records of Flathead County, Montana), which is a found iron pin; Thence N89°30'00"W 163.87 feet to a found iron pin; Thence S89°26'12"W 5.13 feet to a set iron pin; Thence NORTH 70.00 feet to a set iron pin; Thence EAST 33.00 feet to a set iron pin; Thence S68°00'00"E 50.00 feet to a set iron pin; Thence S85°00'00"E 94.17 feet to a set iron pin; Thence S26°00'00"E 44.26 feet to a set iron pin; Thence S82°43'54"E 357.77 feet to a set iron pin; Thence S78° 18'26"E 170.08 feet to a set iron pin; Thence S58° 15'28"E 99.74 feet to a set iron pin; Thence S32°27'42"E 107.40 feet to a set iron pin; Thence S70°55' 16"W 102.00 feet to a set iron pin on the northerly R/W of a 60 foot city street known as West Nicklaus Avenue, which is on a 130.00 foot radius curve, concave southwesterly (radial bearing S70°55' 16"W); Thence southeasterly along said curve and along said R/W through a central angle of 03°06'14" an arc length of 7.04 feet to a set iron pin; Thence leaving said R/W S74001'30"W 60.00 feet to a set iron pin on the southerly R/W of said West Nicklaus Avenue, which is on a 70.00 foot radius curve, concave southwesterly (radial bearing S74°01'30"W); Thence northwesterly along said curve and along said R/W through a central angle of 66°45'24" an arc length of 81.56 feet to a set iron pin; Thence N82°43'54"W 117.41 feet to a set iron pin; Thence leaving said R/W S07°16'06"W 110.00 feet to a set iron pin; Thence N82°43'54"W 314.37 feet to a set iron pin; Thence N88°28'20"W 40.97 feet to a found iron pin; Thence N04007'43"E 109.22 feet to a found iron pin on the southerly R/W of said West Nicklaus Avenue; Thence leaving said R/W NO2°36'34"W 60.09 feet to a found iron pin on the northerly R/W of said West Nicklaus Avenue; Thence leaving said R/W N00°30'00"E 109.00 feet to the point of beginning and containing 3.654 ACRES; Together with Utility and Drainage easement as shown hereon; Subject to and together with all appurtenant easements of record. The above described tract of land shall hereafter be known as: GLACIER VILLAGE GREENS, PHASE XXI PLANNING FOR THE FUTURE FINAL PLAT APPLICATION Project /Subdivision Name: Glacier Village Greens Phase 21 Contact Person: Name: Go Development LLC, Attn: Mark Owens Address: 500 Palmer Drive Kalispell, MT 59937 Phone No.: (406) 250-2614 Planning Department 201 V Avenue East Kalispell, NIT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispSlixom/planning Owner & Mailing Address: Same Date of Preliminary Plat Approval: 12/ 16/02. A number of final plats have been granted over the years. The last Final Plat Granted was for Phase 22C on March 30 2016 Therefore the final plat for this next phase would not expire until March 30, 2018. Type of Subdivision: Residential X Industrial Total Number of Lots in Subdivision 18 Lots Land in Project (acres) 3.65 acres Parkland (acres) N/A Cash -in -Lieu $ N/A Commercial ______ PUD Other Exempt N/A No. of Lots by Type: Single Family 2 Lots. Townhouse 16 Lots Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Condominium Industrial Planned Unit Development Multi -Family _ Other Legal Description of the Property _Glacier Village Greens Phase XXI in Section 32 T29N R21W, P.M.M, Flathead County FILING FEE ATTACHED $ 2,650.00 Minor Subdivision with approved preliminary plat $400 + $125/lot Major Subdivision with approved preliminary plat $800 + $125/lot Subdivisions with Waiver of Preliminary Plat $800 + $125/lot Subdivision Improvements Agreement $50 1 Attached Not Applicable (MUST CHECK. ONE) 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 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. 1 Owner(sSignature 3-1- 1*' 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: I . Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 4 SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 4o6-755-648i Fax 4o6-755-6488 January 31, 2018 Kalispell Planning Office Jarod Nygren, Senior Planner 201 1" Avenue East Kalispell, MT 59901 Dear Jarod: Attached please find the materials necessary to file the final plat for Flathead Village Greens, Phase 21. 1 have listed the Conditions of Approval, and then subsequently addressed how each Condition was met. Glacier Village Greens was granted Preliminary Plat approval on December 10, 2002 as part of the overall approval for Phases 14-22, (Resolution 4762). On March 30, 2016 the City granted final plat approval to Phase 22C which is located on the east side of the development. Phase 21 is located on the west side of Glacier Village Greens and in the second to last phase for the golf course community. This current phase is not set to expire until March 30, 2018. The conditions of approval are addressed as follows. 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. This condition is met. The subdivision is in substantial compliance with the approved preliminary plat. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and includes the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of the final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City Standards. This condition is met. All of the improvements where installed and certified as complete with the approval of Phase 21. Attached are the letters from Carver Engineering and the City of Kalispell Public Works Department certifying that all of the above noted improvements are complete. The Parks and Recreation Department has agreed to implement a "Landscaping Agreement" for the twenty-five trees that will be installed as the lots are developed. The developer paid the parks department $11,103.75 for the trees as indicated in the Kalispell Park Department Letter of November 3, 2017. Glacier Village Greens, Phase XXI Page 1 3. That a letter be obtained from the Kalispell Public Works Department approving the sewer and drainage facilities for the subdivision. This condition is met. Attached is a letter from the City of Kalispell Public Works Department approving all of the above improvements. 4. That a geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision be performed that pertain to the stability of the slope and identify any potential for failure due to development of the subdivision or other construction that might occur. The report shall be submitted to the Kalispell Public Works Department for their review and approval. This condition is met. This condition was addressed in Phase 22C and approved by the City Council in March of 2016. There are no slopes associated with Phase 21. 5. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. This condition is met. Please refer to the attached letter from Kalispell Public Works Department. 6. That the developer obtain a letter from the Evergreen Water District or their engineer approving the water main extension and certifying that any necessary improvements have been completed. This condition is met. Please refer to the letter from Evergreen Water District approving the water main extension. 7. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department, This condition is met. The roads were named as part of previous phases. 8. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. This condition is met. Please refer to the attached email from the USPS approving the mailbox site for Phase 21. 9. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. This condition is met. Street lighting has been installed. 10. That the parkland dedication requirements shall be met by recognizing the existing park and parking improvements as well as open space within the development. This condition is met. The applicants dedicated 6.167 acres of parkland with the previous final plat of Phase 22A. 11. All utilities shall be installed underground. This condition is met. Utilities are installed underground and were completed with Phase 21 12.That the fire 8Co8SS and suppression system comply with the Unhbnn Fire code and e letter from the Kalispell fire Department approving the aCOgSs and nUrDb8[ and placement Offire hydrants within the subdivision amwell as fire flows and access shall be submitted with the final plat. The fire eoCesa and suppression system shall be installed and approved bythe fire department prior tofinal plat approval, This condition is met. See attached letter from Deputy Fire Chief, Dave Dedman, approving said improvements with the final plat of Phase 21. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal, This condition is met. All of the required improvements have been completed and outside of the Agreement with the Parks and Recreation Department for the twenty-five trees, there is no Subdivision Improvement Agreement with this phase. 14./U| areas disturbed during development of the subdivision for this shall be with a weed -free mix immediately after development. 15. That the boundaries of the 1 00-year floodplain be established and delineated on the final This condition is met. Therm are noDogdcJaine associated with Phase 21 as it has no frontage on the Whitefish River. 16.Thst preliminary approval ShoU be valid for m period of three years from the date of approval with a three year extension as the final plat for each phase is filed. 17. Street tree planting shall be coordinated in agreement and payment oftrees to the City ofKalispell Parks Department. This condition is met. See attached letter from the City of Kalispell Parks Department regarding street tree compliance. Thank you for your kind consideration of this application, 11 you nhcN|d have any further questions or concerns, please do not hesitate to call. I Sincerely, Eric H. Mu cahy, AICP Sands Surveying, iOC. Attach: FlO8| Plat Application Application Fee -$2,65JlO0 Cover Letter U/31/18\ (3) Letters — Carver Engineering Certify Construction (12/6V17) K1enno - MDEC) /12/13/17\ Letter - Kalispell Parks and Recreation (11/3/17) Letter —Kalispell Public Works (1/27/17) Letter — Flathead City -County Health Department /11/23/10\ yW[>E{2 Cert. —E[}#17'141Q(1/31/17) Flathead County Water and Sewer District #1 Evergreen (1/0/17) Kalispell Fire DepertrDent(1O/18/10) U8P8(1O/4/17) Title Report — File #83O56; Guarantee # G-0000-695584098 (1/3V18) Tax Cert(1/3O/18) i OL b TAT, Inc. aw Carver E n5ulting Civil 641neei­5 December 6, 2017 Roberta Struck — Manager Evergreen Water & Sewer Dist. 130 Nicholson Drive Kalispell, MT 59901 Re: Glacier Village Greens, Phase 21 — Record Drawings lmiworeyz mit Infrastructure improvements for Glacier Village Greens, Phase 21 have been completed and we are now submitting a set of Record Drawings for the project. After getting off to a slow start due to shallow groundwater conditions, work went well after a mid -August start. Based on frequent observations of construction and testing, it is our opinion that work on all facets of the project, specifically the water system improvements, were constructed in accordance with approved plans and specifications. After the early November cold weather and snow, they were even able to hydroseed the disturbed areas. Please call or e-mail me if you have any questions. Sincerely, TA n . T, 1 dba Cary r Engineering 17'. A (Auly/w Tom Cowan, P.E. S TAT, Inc, aba carver Con5ultinci Civil Ifi-iciine-e-i-5 December 6, 2017 Keith Haskins, P.E. City of Kalispell PWD P.O. Box 1997 Kalispell, MT 59903-1997 Re: Glacier Village Greens, Phase 21 — Record Drawings Dear Keith. Infrastructure improvements for Glacier Village Greens, Phase 21 have been completed and we are now submitting a set of Record Drawings for the project, An electronic version of the Record Drawings is included on a thumb drive accompanying this letter. After getting off to a slow start due to shallow groundwater conditions, work went well after a mid -August start. Based on frequent observations of construction and testing, it is our opinion that work on all facets of the project, including but not limited to sewer, road, stormwater drainage and sidewalks, were constructed in accordance with approved plans and specifications. After the early November cold weather and snow, they were even able to hydroseed the disturbed areas. It should be noted that each of the conditions or comments in your January 27, 2017 approval letter have been addressed. Please call or e-mail me if you have any questions. Sincerely, TAT, Inc. ba Carver Engineering 1144 Tam Cowan, P. E. rHOMAS M, i� C OW A tq a 10323 KE 00. P r!M! TAT, Inc. aba Carver E on5lJlting Civil Engineers December 6, 2017 Emily Gillespie, P.E, MDEQ Regional Office 655 Timberwolf Pkwy - Suite #3 Kalispell, MT 59901 Re: Glacier Village Greens, Phase 21 E.Q. #17-1419 — Record Drawings infrastructure improvements for Glacier Village Greens, Phase 21 have been completed and we are now submitting a set of Record Drawings for the project. After getting off to a slow start due to shallow groundwater conditions, work went well after a mid -August start. used on frequent observations of construction and testing, it is our opinion that work on all facets of the project were constructed in accordance with approved plans and specifications. After the early November cold weather and snow, they were even able to hydroseed the disturbed areas. Please call or e-mail me if you have any questions. Sincerely, TAT, Inc. dba Carver Engineering Tom Cowan, P.E. �oMTAA THOMAS %1, 7�� 103293 P,E. 4-0 January 27, 2017 Mr. Thomas Cowan, PE Carver Engineering 1995 Third Ave East Kalispell, MT 59901 RE: Glacier Village Greens, Phase 21 Dear Mr. Cowan, The revised construction drawings received January 23, 2017.are hereby approved contingent upon the following items: The deviation request, of Standard 4.6.3. B. 111, to reduce the required soil separation of 3 feet from seasonally high groundwater within the West Infiltration Pond is conditionally r anted: • Pursuant to this request, a layer of 34" of loamy fine sand top soil shall be installed at the base of the pond and sod shall be placed to establish dense vegetative cover. 2. The deviation request to reduce the minimum property line setback of 20 feet per Standard 4.6.3.13.IV to the West Infiltration Pond is conditionally rag nted: • Building foundations shall be installed pursuant to table illustrated on drawing Sheet T-1. The table illustrating minimum construction standards shall supplement the Final Plat as a recorded document. • Lot 12 of Village Greens Phase 20 shall have restricted construction by deed restriction requiring the building foundation type and elevation to comply with the deviation request and geotechnical investigation. 3. The deviation request to reduce access standards for the East and West Infiltration ponds to utilize existing golf pathways is conditionally ;ranted: • The approach to West Nicklaus Ave shall be improved as indicated on the plans to be12 feet in width and 6 inch concrete from the curb to sidewalk. • Any future required reconstruction of the existing path shall be completed in accordance to Standard 4.10A.H. 4. Per Standard 4.8.5.D.VIII.a, stormwater structures and junctions shall have a minvnum of 0.1 ft of drop across the structure. Currently they are shown as I" or 0.08' of drop. This difference will be considered insignificant on this plan review. Please ensure future plans meet this requirement. 201 I" Avenue East, P.O. Box 1997, Kalispell, SLIT 59903—Plrorre (406) 758-7720 — Fax (406) 758-7831 rumor, kalispell. corn Additional Conditions: • This approval does not relieve you, nor the contractor from designing or construction this project in accordance with the standards currently in effect. • The only deviations from City of Kalispell Design and Construction. Standards approved are as listed above. • Any changes to these approved plans shall be submitted and approved by Public Works prior to construction. • This approval is for the Public Works Department only and does not necessitate full City Approval. • If more than 18 months lapse before complete construction, plans and specifications must be resubmitted and approved before construction continues. Please contact Mark Crowley at 249-2485 to set up a pre -construction meeting prior to beginning construction. No work may proceed within City right-of-way until a right-of-way permit has been approved for each contractor or subcontractor working within the right-of-way. At project completion, please provide the City with record drawings per section 2.4 of the Standards. We look forward to working with you on this project. Sincerely, Keith Haskins, PE City Engineer CC: Emily Gillespie, PE — MDEQ Mark Crowley — City of Kalispell Page 2nf2 Public Works Department M©N TA NA 201 1" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406) 758-7831 wi w tUalisaelLeom Torn Cowan, PE Carver Engineering P. O. Box 2039 Kalispell, MT 59901 February 12, 2018 Re: Glacier Village Greens, Phase 21 Dear Tom, Our office is in receipt of the submittals dated December 6, 2017. They include the Record Drawings, engineering certification and the costs and quantities tabulation that supports the Warranty and Maintenance Bond. Our office has been in contact with Glacier Bank who is preparing the Warranty and Maintenance Bond. Thank you for your help in bringing this project to completion. Professionally, Mark Crowley Construction Manager KAALISPELL FIRE DEPARTMENT Dave Dednian Fire Chief PO Box 1997 Jon Campbell Assistant Fire Chief 312 First Avenue East Cec Lee— Executive Secretory Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 October 18, 2016 Tom Cowan, P. E. Carver Engineering 1995 Third Ave. East Kalispell MT. 59901 Re: Glacier Village Greens acceptance Tom, Please find this letter of acceptance in regards to the Glacier Village Greens hydrant access, locations and fire flows for Glacier Village Greens phase 21. If you have any additional questions please feel free to contact me. Sincerely, Dave Dedman, Fire Chief City of Kalispell "Protecting our commturio. )j,ith the highest level of professionalism. " *ate- & Sewer District 100 CO 130 Nicholsor Drive - Kalispell, NA T 59901 Phore. (4061, 257-5861 - Fax [406) 756-1588 January 6, 2017 Montana Dept. of Environmental Quality Kalispell Regional Office 655 Timberwolf Pkwy, Suite 3 Kalispell, MT 59901 ATTN: Emily Gillespie, PE RE: Glacier Village Greens Phase 21 Dear Emily: The plans for the water main extension for Phase 21 of Glacier Village Greens has been reviewed by the District's staff and accepted by the Board of Directors at the board meeting held or, December 12, 2016. If you need additional information, please contact me, Sincerely, H_ C__ 1z, L a..�^kL_ Roberta Struck District Manager Cc: Tom Cowan, Carver Engineering D(EQ.�' Memo TO: Tom Cowan. PE. Carver Engineering (electronic only) CC: VVandaeJacobs, Flathead County Sanitarian (electronic only) FROM: Emily Gillespie, PE DATE: December 13.2O17 SUBJECT: Glacier Village Greens, EQ#17-1419 Certification and As -built Approval Thank you for the submittal nfcertification letter and record drawings received December 0. 2017. The record drawings were reviewed and found toboacceptable. Thank you for the detailed, legible information provided. The entire DEO plan review file will be sent to the Helena OED office for storage with Subdivision files. |fyou have any questions, please contact mont4O0-755-8878nr DEQA111.- Montana Department of Environmental Quality January 31, 2017 TOM COWAN, PE Carver Engineering 1995 Third Ave East Kalispell, MT 59901 RE: Glacier Village Greens Phase 21 Flathead County E.Q. #17-1419 Dear Mr. Cowan: The plans and supplemental information relating to the water supply, sewage, solid waste disposal, and storm drainage (if any) for the above referenced division of land have been reviewed as required by ARM Title 17 Chapter 36(101-805) and have been found to be in compliance with those rules. Two copies of the Certificate of Subdivision Plat Approval are enclosed. The original is to be filed at the office of the county clerk and recorder. The duplicate is for your personal records. Development of the approved subdivision may require coverage under the Department's General Permit for Storm Water Discharges Associated with Construction Activity, if your development has construction - related disturbance of one or more acre. If so, please contact the Storm Water Program at (406) 444- 3080 for more information or visit the Department's storm water construction website at http://deg,mt.gov/wqinfo/WaterDischarge/index.asp. Failure to obtain this permit (if required) prior to development can result in significant penalties. Your copy is to inform you of the conditions of the approval. Please note that you have specific responsibilities according to the plat approval statement primarily with regard to informing any new owner as to any conditions that have been imposed. If you wish to challenge the conditions of this Certificate of Subdivision Plat Approval, you may request a hearing before the Board of Environmental Review or the Department, pursuant to Section 76-4-126, MCA and the Montana Administrative Procedures Act. If you have any questions, please contact this office Sincerely, Barb Kingery pervisor �- Subdivision Review Section BK/EG cc: File County Sanitarian County Planning Board Steve Bullock, Governor I Torn Livers, Director 1 655 Timberwoif Parkway Suite 3 1 Kalispell, MT 59901-1215 1 (406) 755-8985 1 www.deq.mt.gov STATE OF MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY CERTIFICATE OF SUBDIVISION APPROVAL (Section 76-4-101 et seg., MCA) TO: County Clerk and Recorder Flathead County Kalispell, Montana E.Q. #17-1419 THIS IS TO CERTIFY THAT the plans and supplemental information relating to the subdivision known as Glacier Village Greens Phase 21 A tract of land located in the Section 32, Township 29 North, Range 21 West, PMM, Flathead County, Montana consisting of twenty lots (20) lots eighteen (18) of which have been reviewed by personnel of the Permitting and Compliance Division, and, That the lots designated "Open Space A" and "Open Space B" are utility lots containing the on - site storm water infiltration ponds and are exempt from sanitation review by the Department of Environmental Quality pursuant to M.G.A. 76-3-201 (1) (h) Unless the method of disposition is adopted for purpose of evading this chapter, the requirements of this chapter may not apply to any division of land that: is created for rights -of -way or utility sites. A subsequent change in the use of the land to residential, commercial or industrial use is subject to the requirements of the chapter, and, THAT the documents and data required by ARM Title 17 Chapter 36 have been submitted and found to be in compliance therewith, and, THAT the approval of the Plat is made with the understanding that the following conditions shall be met: THAT Lots_1A, 1B, 2A, 2B. 3A 3B 4R 4B 5A 5B 6A 6B 7A 7B 8A and 8B (16 lots) shall be used for one (1) townhome dwelling unit each and Lots 9 and 10 shall be used for one (1) single family dwelling unit each, yielding 18 total lots: and, THAT the water system for each lot will be provided by extension and service connection to the Evergreen County Water & Sewer District, Public Water Supply System (MT0001744). Each water service connection shall be installed with corporation stop, service piping from the carp to the curb stop, a curb stop and short stub of piping. The water main improvements shall consist of approximately 840 feet of 8-inch diameter PVC C900 water main, two valves, two fire hydrant assemblies and one end cap. The water main will provide looping which will improve fire flows and redundancy. The water main extensions and service stubs shall be constructed in accordance with the approved plans and specifications prepared by Thomas M. Cowan, #10323PE of Carver Engineering of Kalispell, received 1/30/2017 and herein approved; and; THAT the water service meter, meter pit and service piping from the capped end to the home shall be installed by the future lot owner, in accordance with Evergreen County Water & Sewer District standards; and, Page 2 of 3 Glacier Village Greens, Phase 21 Flathead County E.Q. #17-1419 THAT the sewage collection system for each lot will be provided by extension and service connection to the City of Kalispell sanitary sewer collection and treatment system. Each lot will be installed with an individual, gravity sewer service. The sanitary sewer main shall be comprised of approximately 630 feet of 8-inch diameter PVC SDR 35 gravity sanitary sewer main and three new manholes. The gravity sanitary sewer main extensions and service stubs shall be constructed in accordance with the approved plans and specifications prepared by Thomas M. Cowan, #10323PE of Carver Engineering of Kalispell, received 1/30/2017 and herein approved; and, THAT the storm water conveyance and collection system shall be constructed in accordance with the approved plans and specifications prepared by Thomas M. Cowan, #10323PE of Carver Engineering of Kalispell, received 1/30/2017 and herein approved by the Department, and, THAT the storm water conveyance and detention system shall consist of crowned asphalt streets, curb and gutter, storm catch basin inlet structures, storm drain piping, storm manholes and two storm drainage infiltration ponds. The West storm drainage infiltration pond shall be a minimum of 4560 cu. ft. and has a design infiltration rate of 4.00 inches per hour. The East storm drainage infiltration pond shall be a minimum of 6638 cu. ft. and has a design infiltration rate of 3.25 inches per hour, and, THAT the Glacier Village Greens maintenance personnel and Owl Corporation are responsible to operate and maintain the storm water structures located within the Common Areas (outside the public right-of-way). The City of Kalispell is responsible for maintaining the catch basins and storm drain piping within the public right-of-way, and, THAT construction of the Evergreen District Public Water Supply water main improvements, the City of Kalispell Public sanitary sewer wastewater collection system improvements and Storm Water Improvements shall be completed within three years of the date of this approval. If more than three years pass before beginning construction, it shall be necessary to resubmit the plans and specifications. THAT within 90 days after construction is completed upon the water, sanitary sewer or storm drainage system, the professional engineer shall certify to the Department that the construction, alteration or extension was completed in accordance with the plans and specifications without deviation from the plans approved by the Department, and, THAT project certification shall be accompanied by a complete set of "as -built" drawings bearing the signature and seal of the professional engineer, and, THAT all sanitary facilities must be located as shown on the attached lot layout and, THAT the developer and/or owner of record shall provide each purchaser of property with a copy of the Plat approved location of water supply, sewage treatment system and storm water conveyance system, as shown on the attached lot layout and a copy of this document and Page 3 of 3 Glacier Village Greens, Phase 21 Flathead County E.Q. #17-1419 THAT instruments of transfer for this property shall contain reference to these conditions, and, THAT departure from any criteria set forth in the approved plans and specifications and Title 17, Chapter 36, Sub -Chapters 1, 3, and 6 ARM when erecting a structure and appurtenant facilities in said subdivision without Department approval, is grounds for injunction by the Department of Environmental Quality. THAT the plans and specifications for any proposed sewage treatment systems will be reviewed and approved by the county health department and will comply with local regulations and ARM, Title 17, Chapter 36, Subchapters 3 and 9, before construction is started, and, YOU ARE REQUESTED to record this certificate by attaching it to the Plat filed in your office as required by law. DATED this 31st day of January 2017 THOMAS LIVERS DIRECTOR By: if Barbara King upervisor �,. Subdivision Review Section Water Quality Division Department of Environmental Quality Owner's Name: Mark Owens, Owl Corporation November 23, 2016 Community Health Services 751-8110 FAX751-8111 Flathead City -County Health Department Environmental Health Services 1035 First Ave. West Kalispell, MT 59901 751-8130 FAX751-8131 (406) 751-8101 FAX 751-8102 Family Planning Services 751-8150 FAX 751$151 www.flatheadhealth.org Home Health Services 751-6800 FAX 751.6807 WIC Services 751-8170 FAX751-8171 Animal Shelter 752-1310 FAX 752-1546 Montana Department of Environmental Quality Subdivision Program PO Box 200901 Helena MT 59620-0901 SUBJECT; Glacier Village Greens, Phase 21, E'/2NW'/ & W'/2NE'/4, Sec 32, T29N, R21 W, Flathead County, EQ# 17-1419 Dear Reviewer, A site visit was conducted for the above -referenced application. This application proposes water and sewer main extensions which exceeds our contract responsibilities. This office has no objection to approval once DEQ's concerns have been addressed. Professionally, Wendee Jacobs, R.S. Flathead County Sanitarian T u1t'77 qii t17 pfrLlrc hLaIth ;c, ,'ICE`S to c iisiwt: iiit c,oijtii[i Di75 (fi%-U h('C7!(%il CU/71 ilt L(771I1'. C •L.�tc�rs'1O�Y1 I.('.-iR:--1y)pDatcriLncal'7eiiip'?11161113 Ghicicr 111cigc Giwiis, Ph 21.cloc Eric H. Mulcahy From: Flores, Phillip E - Kalispell, MT <Phillip.E.Flores@usps.gov> Sent: Wednesday, October 04, 2027 IS8 PM To: eric@sandssurveying.com Subject: FW: Glacier Greens Village delivery approval Eric, The Kalispell Post Office approves CBU delivery on the South end of West Nicklaus Ave for Glacier Green Village phase 21 +23. 1 can be reached at 406-257-9796 if you have any questions. Thanks, Phil Flores Supervisor Customer Service Parks and Recreation Dept November 3, 2017 Mark Owens Owl Corporation 500 Palmer Drive Kalispell, MT 59901-2767 Re: Glacier Village Greens, Phase 21 Dear Mark: This letter is to serve as approval of the landscaping agreement submitted and dated October 27, 2017 for boulevard trees and planting in Glacier Village Greens, Phase 21. This agreement stipulates that developer will pay the city $444.15 per tree to be planted on eighteen (18) lots and five (5) trees along adjacent open space. A total of twenty-five (25) trees will be planted for a total cost of $11,103.75. The developer and/or property owner will be responsible for any boulevard prep, seeding or sod. This developer's agreement is solely for trees and no other landscaping in Glacier Village Greens, Phase 21. We are in receipt of your check numbered 9528 for the amount of $11,103.75 to cover the planting of twenty-five (25) trees in Glacier Village Greens, Phase 21. As the lots are developed, please have the property owners call our office to schedule the tree plantings. If you have questions regarding the timing involved to plant trees or any concerns, feel free to contact me. Sincerely, Fred Bicha, Parks Superintendent CC: Chad Fineher, Parks and Recreation Director PJ Sorensen, Planning Department Deb Diest, Finance Department 306 1'' Avenue Ernst, P.D. Box 1997, Kalispell, MT 59903—Pliolte (906)758-7718— Fax (d06)758-7719 imm kalispell. corn Plat Room Flathead County, Montana OOO8.Main St. Kalispell, K8T598O1 This Form iSfor Subdivisions Only BY: SANDS FOR: G[)DEVELOPMENT & OWL CORP DATE: 1/11/17 DESCP-GLACIER VILLAGE GREENS PHXX| PURPOSE:SUB (Bluffs 2Park, Parcel AGVGPh2OAmd L8A-17B.&Tr . 1 and 1AJ/n32-29-21) ASSESSOR # 0979297,0500653,0006277 1 hereby certify that there are no outstanding taxes On the property assigned the assessor numbers listed above, for the years indicated for each assessor number. UQW � y\��1� CLTA {GUARANTEE ISSUED BY STEWART TITLE GUARANTY COMPANY a corporation, herein called the Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Countersigned by: Main Office 211 South Main Street Kalispell, MT 59901 Agent ID: 260052 istiewaft title guaranty company 1908 a t.PEXt,8 MattMorrisMorris President and CEO Deni�Crra�,, Secretary For purposes of this Form the "Stewart Title" logo Featured above is the represented logo for the underrariter. Stewart Title Guaranty Company. n California Land Title Association. All rights reserved. The use of this Form is restncded to CLTA subscribers in good standing as of the date of use All other uses are prohibited Reprrnted under license or express permission from the California Land Title Association File No.: 63656 2222 Guarantee (6-6-92) Page 1 of 3 of Policy Senal No.: G-0000-695584098 GUARANTEE CONDITIONS AND STIPULATIONS Definition of Terms — The following terms when used in this Guarantee mean: (a) "the Assured". the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads. avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date; Exclusions from Coverage of this Guarantee — The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records. (c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) (1) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered. assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured; or (c) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of assurances provided. Notice of Claims to be Given by Assured Claimant An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required, provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. No Duty to Defend or Prosecute — The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate — Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. if the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein. and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence. obtaining witnesses. prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, if the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Proof of Loss or Damage — In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation, to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination. inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records. books_ ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage Further. if requested by any authorized representative of the Company. the Assured shall grant its permission, in writing. for any authorized representative of the Company to examine, inspect and copy all records. books, ledgers, checks, correspondence and memoranda in the custody or control of a third ,party. which reasonably pertain to the loss or damage All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company. it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim Options to Pay or Otherwise Settle Claims; Termination of Liability — In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 63656 2222 Guarantee (6-6-92) Page 2 of 3 of Policy Serial No.: G-0000-895584098 The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such Purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of the indebtedness shall transfer and assign said indebtedness. together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its option under Paragraph 5, and the Guarantee shalt be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To Pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5. 8. Determination and Extent of Liability — This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as sated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 9. Limitation of Liability — (a) If the Company establishes the title or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) in the event of any litigation by the Company or with the Company's consent, the Company shalt have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Liability or Termination of Liability — All payments under this Guarantee, except payments made for costs. attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. 11. Payment of Loss (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed. in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 14 Subrogation Upon Payment or Settlement — Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue. compromise or settle in the name of the Assured and to use the name of the assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest and costs of collection. 13. Arbitration — Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000.000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Guarantee; Guarantee Entire Contract — (a) This Guarantee together with all endorsements. if any. attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary. an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. Notices, Where Sent — All notices required to be given the 'Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at P.O. Box 2C29, Houston, Texas 77252-2029. G California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 63656 2222 Guarantee (6-6-92) Page 3 of 3 of Policy Serial No.: G-06()0-695584098 wrSubdivision Guarantee w SCHEDULEA File No.: 63858 Date of Guarantee: January 03.2O18at5:OOPK Liability: $1.000,00 A. Assured: Sands Surveying, Inc. B. Assurances: 1. Description ofthe land: SEE EXHIBIT "A"ATTACHED HERETO 2. Name ofProposed Subdivision Plat orCondominium Map: Glacier Village Greens, Phase XX} Guarantee No.: G'0000-895584098 Premium: $125,00 3. That the only hereafter named parties appear tohave eninterest showing inthe public records affecting the land necessitating their execution of the name proposed plat or map area as follows: Go Development, L.L.C.. a Montana Limited Liability Company File No.- 000as wTSubdivision Guarantee sTsmwnrnr�s Pane 1o/o auxmAwrvcomp^wv MT Subdivision Guarantee 14 File No.: 63656 Guarantee No.: 0-0000-695584098 SUBJECT TO: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency, which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by public record. 2. Any facts, rights, interest or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Any service, installation or connection charge for any and all utilities, including, but not limited to sewer, gas, water or electricity. 7. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M. C. A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails. 8. No liability is assumed for errors, omissions or changes of assessed valuations or amount of taxes assessed by any state, county, city or federal taxing or assessing authority. 9. (a). Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authoring the issuance thereof; (c) water rights, claims or title to water; ditch rights; (d) any right, title or interest in any sand and gravel and/or minerals including access to and from to extract minerals, mineral rights, or related matters, including but not limited to oil, gas, coal and other hydrocarbons; whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 10. Real estate taxes or special assessments for the year(s) 2018, that are not yet due or payable. 11. For informational purposes only, do not rely upon for a tax payment. Flathead County records indicate the taxes for the year 2017 are: FIRST HALF: $353.69 PAID SECOND HALF: $353.66 NOT PAID TOTAL: $707.35 Assessor No.: 05-0979298 Tax Roll No.: 08739 Affects: Premises and Other Property 12. For informational purposes only, do not rely upon for a tax payment. Flathead County records indicate the taxes for the year 2017 are: FIRST HALF: $214.40 PAID SECOND HALF: $214.39 NOT PAID TOTAL $428.79 Assessor No.: 05-0979297 Tax Roll No.: 08738 Affects; Premises and Other Property File No. 63656 MT Subdivision Guarantee STEWART TITLE Page 2 of 6 GUARANTY COMPANY MT Subdivision Guarantee 14 13. For informational purposes only, do not rely upon for a tax payment. Flathead County records indicate the taxes for the year 2017 are: FIRST HALF: $9,105.51 PAID SECOND HALF: $9,105.47 NOT PAID TOTAL: $18,210.98 Assessor No.: 05-0977135 Tax Roll No.: 08644 Affects: Premises and Other Property 14. For informational purposes only, do not rely upon for a tax payment. Flathead County records indicate the taxes for the year 2017 are: FIRST HALF: $250.44 PAID SECOND HALF: $250.42 NOT PAID TOTAL: $500.86 Assessor No.: 75-0006277 Tax Roll No.: 47629 Affects: Premises and Other Property 15. Delinquent water and sewer charges of the City of Kalispell, if any. 16. Terms and provisions contained in Agreement for waterworks system, recorded July 14, 1906 as Document #3491, in Book 54, page 635, records of Flathead County, Montana. Agreement conveying said waterworks system, recorded March 6, 1915 as Document #697, in Book 112, page 332, records of Flathead County, Montana. 17. Notice of Appropriation of Water Right, recorded September 23, 1919 as Document #3353, in Book 129, page 170, records of Flathead County, Montana. 18. Notice of Appropriation of Water Right, recorded August 24, 1936 as Document #2621, in Book 221, page 297, records of Flathead County, Montana. 19, Easement for transmission line and related purposes granted Pacific Power & Light Company, a corporation, recorded March 17, 1958 as Document #1704, in Book 414, page 455, records of Flathead County, Montana. 20. Terms and provisions of Easement recorded August 3, 1967 as Document #5082, in Book 489, page 455, records of Flathead County, Montana. 21. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, recorded June 16, 1982 as Document #8662, in Book 741, page 511, records of Flathead County, Montana, and any amendments thereto, including but not limited to the following amendments: None 22, Easement for transmission line and related purposes granted to Northwestern Telephone Systems, Inc., by instrument recorded November 8. 1985 as Document #8531211540, records of Flathead County, Montana. 23. Certificate of Inclusion of Additional Territory into Flathead County Water District 91 - Evergreen, and rules and regulations adopted thereby, recorded March 26, 1986 as Document #8608513410, records of Flathead County, Montana, File No.. 63656 NIT Subdivision Guarantee 5TEWART TITLE Page 3 of 6 GUARANTY COMPANY MT Subdivision Guarantee 14 24. Village County Sewer District Levy of Assessment filed September 2, 1988 as Document #8824609380, records of Flathead County, Montana. 25. Terms and provisions contained in the Articles of Incorporation of Glacier Village Greens, Subdivision Phase I Homeowners Association, Inc., and By -Laws of Glacier Village Greens Subdivision Phase I, Homeowners Association, Inc., recorded November 17, 1988 as Document #8832213420, records of Flathead County, Montana. 26. Terms and provisions contained in Road Easement and Maintenance Agreement, recorded May 24, 1989 as Document #8914408310, records of Flathead County, Montana. 27. Terms and provisions contained in Agreement regarding the development of Glacier Village Greens, recorded October 5, 1989 as Document #8927811250, records of Flathead County, Montana. 28. Terms and provisions contained in Interlocal Agreement regarding Flathead County Water & Sewer District No. 1 - Evergreen, filed October 25, 1990 as Document #9029809200, records of Flathead County, Montana, 29. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, recorded November 14, 1991 as Document #9131809210, records of Flathead County, Montana, and any amendments thereto, including but not limited to the following amendments: 30, Terms and provisions contained in Interlocal Agreement regarding Sanitary Sewer for Evergreen Water and Sewer District, filed November 27, 1991 as Document #9133111370, records of Flathead County, Montana. 31. Easement for transmission line and related purposes granted to Pacificorp, a corporation, dba Pacific Power & Light Company, a corporation, recorded March 23, 1992 as Document #9208315180, records of Flathead County, Montana, 32. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by the plat(s) of The Bluffs II, but deleting any covenant, conditions or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 33. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, recorded March 26, 1993 as Document #9308512330, records of Flathead County, Montana, and any amendments thereto, including but not limited to the following amendments: None 34. Easement for transmission line and related purposes granted to The Montana Power Company, recorded October 20, 2000 as Document #200029409030, records of Flathead County, Montana. 35. Terms and provisions contained in Resolution No. 4590, regarding annexation to the City of Kalispell, Montana, recorded November 2, 2001 as Document #200130609070, records of Flathead County, (Montana. File No. 63656 MT Subdivision Guarantee STEWART TITLE Page 4 of 6 GUARANTY COMPANY MT Subdivision Guarantee 14 36. Easement for transmission line and related purposes granted Flathead Power Company, by instrument recorded February 28, 2002 as Document #200205910050, records of Flathead County, Montana. 37. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey No. 4764, Correction 4764 and 15027, but deleting any covenant, conditions or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 38. Terms and provisions contained in Resolution No. 4761, regarding annexation to the City of Kalispell, Montana, recorded December 31, 2002 as Document #200236511500, records of Flathead County, Montana. 39. Terms and provisions contained in Conditions of Approval by the City of Kalispell, recorded November 3, 2003 as Document #200330914350, records of Flathead County, Montana. 40. A 20 foot easement for the installation, operation, maintenance and repair of a public water pipeline granted in instrument recorded April 29, 2004 as Document #200412014340, records of Flathead County, Montana, 41. A permanent irrigation and access easement and right-of-way for ingress, egress, irrigation and utility purposes, granted in instrument recorded December 8, 2004 as Document #200434311540, records of Flathead County, Montana. Survey/Plat, when recorded, must be in compliance with the provisions of the Montana Subdivision and Platting Act, 1973, (Sections 76-3-101 M.C.A. through 76-3-614 M.C.A.) and the regulations adopted pursuant thereto. Easements, conditions and restrictions as disclosed or to be disclosed on proposed Survey/Plat to be recorded prior to or as part of this transaction. File No.: 63656 NIT Subdivision Guarantee STEWART TITLE Page 5 of 6 GUARANTY COMPANY wTSubdivision Guarantee 14 Atract of land, situated, lying and being in the East Half ofthe Northwest Quarter and inthe West Half of the Northeast Quarter of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Beginning at the Northeast corner ofLot 12ofthe Amended Plat of Lots 8Athrough 17B,Glacier Village Greens, Ph. XX (records of Flathead County.. Montana), which is a found iron pin; thence N89'30'00"W 1G3.87feet boafound iron pin�thence S8Q,2S'12^VY5.13feet buaset iron pin; thence North 7000feet to a set iron pin; thence East 33.00feet to set iron pin; thence SG8"O0'8[Y'E6O,0Ofeet k/a set iron pin; thence 585"OO'0O"ED417feet boaset iron pin; thence S28~0O'UO^E44.2Gfeet tnuset iron pin; thence 882^43'54^E357.77feet 0ooset iron pin; thence 87H,18'2G"E170.08feet toaset iron pin; thence S58^ 15'25"EQQ.74feet |neset iron pin; thence S32~27'42''E1U74Ofeet toeset iron pin; thence G7O" 55'16lN 102.00 feet to u set iron pin on the northerly R/N/ofa 00 foot city street known uaWest Nicklaus Avenue, which is on a 130.00 foot radius curve, concave southwesterly (radial bearing S70'55'1 6"W); thence southwesterly along said curve and along said R/W through a central angle of 03'06'14" an arc length of7.O4feet Vuoset iron pin; thence leaving said R8NS74~D1'3U"VVG0.O0feet 8oaset iron pin on the southerly RxWofsaid West Nicklaus Avenue, which imona7O.O0 foot radius curve, concave southwesterly (radial bearing S74"O1'30^VV>; thence northwesterly along said curve and along said R8N through aentraiangle ofSO°45'24^enarc length of81.58feet toaset iron pin: thence N0Z~43'54"W 11741 feet to a set iron pin; thence leaving said FUVY907,18'0O^VV11OOOfeet \oaset iron pin; thence N82"43'54^YV314,37feet tooset iron pin: thence N88^2O'20"W4O.S7feet bmaset iron pin; thence NO4" 07'43"E 109.22 feet to a found iron pin on the southerly R,1W of said West Nicklaus Avenue: thence leaving said R/W NO2'36'34"W 60.09 feet to a found iron pin on the northerly R/W of said West Nicklaus Avenue; thence leaving said R/W NOO'30'00"E 109.00 feet to the point of beginning. File No.. ozass MT Subdivision Guarantee srswAmrrITLs Page anre GUARANTY COMPANY STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share: and whether you can limit this sharing. Reasons we can share your personal information, Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing Yes No transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences, Affiliates are companies related by common ownership or control. They can be financial and Yes No non -financial companies. Our affiliates may include companies with a Stewart name: financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you —For your convenience, Yes Yes, send your first and last name. the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial No We don't share and non -financial companies. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use. we personal information? use security measures that comply with federal law. These measures include computer, file. and building safe wards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? request insurance -related services provide such information to us We also collect your personal Information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances. we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No : 63656 Page 1 Revised 11-13-2013 TG Privacy Notice 2 (Rev 01126/09) Independent Agencies and Unaffiliated Escrow Agents WHAT DO/DOES THE Sterling Title Services - Kalispell Branch (Main) DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Sterling Title Services - Kalispell Branch (Main), and its affiliates (" NIA "), pursuant to Title V of the Gramm -teach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as Sterling Title Services - Kalispell Branch (Main), need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing Yes customer accounts, such as processing transactions, mailing, and auditing services, No and responding to court orders and legal investigations_ For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non -financial companies. Yes No For our affiliates' everyday business purposes— information about your No creditworthiness. We don't share For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by No common ownership or control. They can be financial and non -financial companies. We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information; and suggest you refer to their privacy notices.] Sharing practices How often do/does Sterling Title Services - We must notify you about our sharing practices when you request a transaction. Kalispell Branch (Main) notify me about their practices? How do/does Sterling Title Services - To protect your personal information from unauthorized access and use, we use Kalispell Branch (Main) protect my personal security measures that comply with federal and state law. These measures information? include computer, file, and building safeguards. How do/does Sterling Title Services - We collect your personal information, for example, when you Kalispell Branch (Main) collect my personal information? request insurance -related services • provide such information to us We also collect your personal information from others. such as the real estate agent or lender involved in your transaction. credit reporting agencies, affiliates or other companies, What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g.. opt out) in certain instances, we do not share your persona! information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Sterling Title Services - Kalispell Branch (Main), 211 Solith Main Street, Kalispell. MT 59901 File No.: 63656 Page 1 of '. 352W21 viol to Scale W1 IVE USE 07"LAT�EAD COUNTY AND IS NOT NECESSARILY AN ACCURATE 32-29-21 Not to scale F-Ifo vimr, 10 t-T,tC17,MME I.) UINLT Fur, I Mr-tAOMI I I IQ I Mh III/ Z UOIZZ ur- r*-,,I rlr-ML) k-,VQ,l REPRESENTATION 07 THE LOCATION OR EXISTENCE OF TRACTS OF RECORD, THE a Return to: Mark Owens 500 Palmer Drive Kalispell, MT 59901 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GLACIER VILLAGE GREENS SUBDIVISION, PHASE XXI AND GLACIER VILLAGE GREENS HOMEOWNERS ASSOCIATION, INC. t.This declaration is made as of this -Lfday of 20 by the undersigned, being the Owners of the real property encompassed by the plat of Glacier Village Greens Subdivision, Phase XXI. WITNESSETH: WHEREAS, Owl Corporation, is the developer of the tract of real property known as Glacier Village Greens Subdivision, Phase XXI and WHEREAS, Developer 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 which shall insure 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, THEREFORE, Developer hereby declares that the real property described in Article I is and shall be held, transferred, sold and conveyed subject to the covenants, conditions and restrictions hereinafter set forth: ARTICLE I - PROPERTY SUBJECTED TO THIS DECLARATION AND DEFINITIONS PROPERTY: The real property which is and shall be held, transferred, sold, and conveyed subject to the covenants, conditions and restrictions hereinafter set forth is more particularly described as follows: Glacier Village Greens, Phase XXI, according to the plat or map thereof which is or shall be on file and of record in the Office of the County Clerk and Recorder, Flathead County, Montana. DEFINITIONS: "Association" shall mean the Glacier Village Greens Homeowners Association, Inc., its successors and assigns. "Lot Owner" shall mean the record owner of a fee simple title to any lot which is a part of the properties and shall include contract purchasers. "Property" shall mean the real property described in Article I. "Common Area" shall mean all real property maintained by the Association for the common use and enjoyment of others, including but not limited to parks, conservation areas, roadways, and other areas. "Lot" shall mean any plot of land shown upon any recorded subdivision plat or map of the property with the exception of the Common Area. "Developer" shall mean Glacier Village Greens Inc., or any entity which succeeds it as primary owner of the subdivision. "Townhouse Unit" shall mean a unit subject to individual ownership in a multi -unit structure. "Committee" shall mean the Architectural Committee. 2 PURPOSE: The property is subject to the covenants, conditions and restrictions hereby declared to insure the best use and most appropriate development and improvement of each building site thereof; to protect the owners of building sites and to appreciate the value to their property; to preserve so far as is practicable the natural beauty of said property; to guard against the erection thereon of structures built of improper or unsuitable material; to insure the highest and best development of said property; to encourage and secure the erection of attractive homes thereon; to adequately provide for a high quality of improvements of said property and thereby enhance the values of improvements made by purchasers of building sites thereof. ASSOCIATION PURPOSE: The Developer has formed a non-profit corporation under the name Glacier Village Greens Homeowners Association, Inc. The Association's purpose is to own, maintain, insure and repair the roadways and common areas, plus 'provide such other services and facilities to the Members as it may determine. ASSOCIATION MEMBERSHIP:. The Association formed by the Developer shall have as members the owner of each lot. Membership shall be appurtenant to and shall not be separated from ownership of any lot. Members shall participate in a manner prescribed by this Declaration and By -Laws of the Association, and the resolutions and policies of its Board of Directors. In the event of multiple owners of a lot, the person whose name first appears on the deed shall be the member unless the Association is otherwise instructed in writing by all of the owners of an interest in the lot. DUTIES OF MEMBERS: Each member shall fully comply with any and all obligation and liabilities created herein, including, without limitation, the payment of any and all assessments, levies and charges made by and payable to the Association. ASSOCIATION BY-LAWS: The Association shall adopt by-laws which shall govern the conduct of its activities and the procedures to be followed therein. ASSESSMENTS: The Association shall levy assessments against the lots in order to fund its activities. Annual assessments established in accordance with a budget approved at a meeting of the membership shall be levied by written notice mailed in the regular mail as soon after January 1 of each year as is practicable. Such assessments shall be a lien against the real estate until paid as well as being a personal obligation of the lot owner. ARCHITECTURAL APPROVAL: ' No building, fence, wail or other structure shall be commenced, erected or maintained upon the properties, nor shall an exterior addition, change, including a change in color, or alteration therein be made until the plans and specifications have been submitted to and a written approval obtained from the Architectural Committee. Blueprints and site plans to scale showing the nature, kind, color, design, shape, size, height, material, site locations, setbacks, grades and other material attributes of the same, and a statement 'Listing the name and address of the contractor or builder who will be responsible to do the work, shall have been submitted. The property owner or contractor will be required to post a refundable deposit to help insure proper site maintenance and covenant compliance during construction. All construction approved by the Committee shall be completed within one year of the issuance of a building permit. Approval by the Architectural Committee is required in addition to, and not instead of, building permit requirements. ARCHITECTURAL COMMITTEE: An Architectural Committee, consisting of not less than two (2) members shall be appointed by the Developer until such time as the entire Glacier Village Greens Project, consisting of approximately 500 home sites, shall be 100% completed and constructed upon. From and after such event, the Architectural Committee shall be composed of the Board of Directors of the Homeowners' Association or by two (2) or more representatives appointed by the Board who need not be members of the Association. However, the Developer may assign the duties and responsibility of said Committee to the Association in writing at any time prior thereto. COMMITTEE PURPOSE: It is the objective of this Committee to insure that homes and other buildings constructed at Glacier Village Greens are aesthetically compatible and maintained with the landscape and the master plan concept. There is a further M objective to insure that all construction is of high quality. ARCHITECTURAL GUIDELINES: Actions of the Architectural Committee shall be consistent with the following, however, in all cases the Committee shall have the final authority to make architectural decisions. The Committee has the authority to issue stop -work orders when construction is not in compliance with approvals or standards and such order shall be at the expense of the lot owner, including attorney fees. CONSTRUCTION: Construction must start within 12 months from date of purchase. Construction and landscaping must be completed within 12 months from date of building permit. Any deviation must be agreed to in writing by both developer and builder. All homes except townhouses shall be no less than 1000 sq. feet of living area not including garage. Townhome heights, configuration and sq. footage will be determined by developer and enforced by architectural board. They must also be custom built on -site and meet all uniform codes for building, electrical, and plumbing. Window coolers are prohibited unless approved by the committee. Roofs must be non- metallic and of an earth color. Wood burning stoves and wood burning fireplaces will not be approved. However, natural gas and electric fireplaces are acceptable. A protective netting plan for misguided golf balls, must be approved before being installed. All netting and screening material must be dark in color, preferably black. All houses shall be numbered, with numbers clearly visible from the roadway. EXCAVATIONS: All dirt and material removed in excavating for construction will be required to remain on the Flathead Village Greens property and deposited in a designated location, unless otherwise directed by the developer No excavation material shall be placed on any other platted lot or the Golf Course at any time. YARD SETBACKS: The Townhome housing unit will be located on the lot in accordance with the plan approved by the Architectural Committee. Minimum setbacks shall comply with any zoning requirements except: Townhouse Units will have zero setback on the side that connects to the adjacent unit. The single family lot setbacks 5 will be 201in front and rear, 5fon the sides. All set backs of the single family lot are to the eves. ENTRY AND DECKS: The front entry and step design must be approved by the Architectural Committee prior to installation. Railings and decks must conform to all building code requirements. LANDSCAPING: Single Family lots The full front yard setback area from the curb to the lot line must be planted in living green landscaping unless otherwise directed by the committee. The driveway must be poured in concrete. Sod and underground sprinkler system on a timer must be used in all lawn areas including boulevards. Three to five of the following trees must also be planted in appropriate lawn areas. Little -leaf Linden White Ash Green Ash Marshall Seedless Green Ash American Linden Redmond Linden European White Birch European Mountain Ash In Regards to Town Homes. The full front yard setback area from the curb to the outside corners of the Town Home combination, except for the middle landscape beds, must be planted in living green landscape. The rear yard area from the outside corners of the Town Home combination to the rear lot line except for under decks must be planted in living green landscape. Sod and underground sprinkler systems must be used in all lawn areas. Side yards are to use alternate material such as mulch, rock etc. except when against the road. Shrubs, flowers etc. are encouraged but no irrigation except for hand watering will be allowed in side yard areas. All landscape plans are subject to review by the architectural committee. Developer retains the right to allow deviation from landscape requirements if needed. Any deviation must be approved by the Committee. Owners will maintain lawns, flowers, shrubs and irrigation at all times, including boulevard between sidewalk and curbs. Attractively designed and well maintained landscaping is a very important part of the Glacier Village Greens master plan concept. STORAGE: Outside storage cabinets or buildings are discouraged, but may be permitted upon approval of the Architectural Committee. ARTICLE V - USAGE RESTRICTIONS RESIDENTIAL USE ONLY: Except as otherwise provided herein, none of the lots shall be used except for residential purposes. No lot shall have more than one living unit hereon. No lot may be sold, rented or leased on a "time share" or equivalent basis. No lot shall ever be used or caused, allowed or authorized in any way, directly or indirectly, to be used for any business, commercial, manufacturing, industrial, mercantile, storing, vending, or other such purposes, provided, however, that Developer may use one or more lots for a model site or sites, and a display and sales office, and all other activities that may be needed to support golf course and or development activities. INSURANCE: Each Townhouse Unit owner shall carry adequate fire and property damage insurance to provide for the full replacement cost of reconstruction of their Townhouse Unit, plus a minimum of $500,000 comprehensive personal liability insurance. Each Townhouse Unit owner shall supply a current certificate of insurance to the adjacent Townhouse Unit owner and the Homeowners' Association and shall continue to supply a current certificate at all times. SIGNS: Except for the business activities or advertising of the Developer and/or their agent(s), no signs, billboards or advertising devices of any nature are allowed. This restriction does not in any way preclude lot owners from listing their property with any Real Estate Agent. NOXIOUS OR OFFENSIVE ACTIVITIES: 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, or which shall in any way interfere with the quiet enjoyment of each of the owners, of his respective living unit or which shall in any way increase the rate of insurance. RESTRICTED RESIDENCES:, 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. RECREATIONAL VEHICLES AND EQUIPMENT: No recreational vehicle, trailer, camper, boat, or similar equipment shall be permitted to remain upon any lot. Golf carts shall be stored only at a place designated for such purpose from time to time. Golf carts or other powered carts shall not be operated upon walkways intended only as pedestrian walkways. DRILLING AND MINING: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind, shall be permitted upon or in any lot, nor shall oil well, tanks, tunnels or mineral excavation or shafts be permitted upon the surface of the properties. No derrick or other structure designed for use in boring for water, oil, or natural gas shall be erected, maintained or permitted upon the properties. HOME MAINTENANCE: The exterior of the home and the yard must be kept clean and in good, safe, neat appearing condition. Any change of outside colors must be approved by Architectural Review Committee. All electrical, water, sewer, and gas connections must be kept in a good, safe and leak -proof condition at all times, and in compliance with all state and municipal laws. Report any park facility out of order to the Association. Any proposed additions to the home or yard (screen rooms, netting, greenhouses, planters, pools, hot tubs, cabanas, porches, lattices, arbors, trellises or gazebos) must be submitted to the Architectural Committee for approval, and once approved, submitted to the proper building department for permit. If a lot owner fails to provide proper maintenance, the Association or Developer may, upon 30 day advance written notice, have the work performed and recover the cost thereof from the Lot Owner. VACANT LOT MAINTENANCE: ' All owners of vacant lots shall be responsible for mowing, weeds and general appearance of said lot. NEATNESS: No towels, wearing apparel, or laundry of any description may be hung outside the home at any time. Unsightly vehicles shall not be permitted to park on any open parking space. No repairing or any servicing whatsoever of cars k" will be permitted in driveways, garage, open parking space or streets. Any car dripping gasoline or oil must be fixed in three days to avoid damage to the paving. No permanent parking of travel trailers, detached campers, boats, motor homes, or pickups with camper tops exceeding the height and width of the pickup is allowed in driveways or open parking spaces. Storage in yard areas is not allowed. No appliances are allowed outside the home. Patio furniture and barbecue equipment are the only items permitted outside the homes except such other items as may be authorized by the Association. No antennas, towers, poles or any structure to be used for the purpose of receiving radio, television or related signals shall be installed, affixed, mounted, or constructed on any lot so as to be visible to the public view except as authorized by the Architectural Committee. Satellite dishes cannot be mounted to the deck. PETS: Pets may not exceed two in number and are to be accepted at the sole discretion and judgment of the Association and must be leashed at all times. Pets must be kept on the owner's lot and never allowed on the streets, in the utility buildings, recreation hall or grounds without a leash. Pets shall not be walked in any part of any park or recreation area, except in a designated area. Pet owners will be expected to clean up after their pets even in designated walking areas. Cat, bird or dog litter shall not be disposed of in the sewage system. Noisy Or unruly pets or those that cause complaints will not be allowed to remain. Please inform visitors not to bring pets. VEHICLES: No parking on streets or vacant lots. Parking is also specifically prohibited in cul-de-sacs. GARBAGE: Only containers as approved by the Association may be used for trash and garbage. owners must place the containers on curb for designated pickup service. All containers must be stored inside out of sight. Each lot owner and resident shall be responsible for contracting disposal of solid waste to the Flathead County Landfill or other approved site. FENCES: No fences shall be constructed in Phase XXI except in areas that will be determined bv the developer. CONCRETE IMPROVEMENTS: Any permanent concrete improvements installed by the owner may be subject to removal at owner's expense for maintenance and repair of underground utilities. DRAINAGE AND LOT IMPROVEMENTS: The owner shall grade his lot and landscaping in a manner to divert surface waters away from his home and his neighbor's home to the side yards for runoff to the street. Water must not be permitted to drain under anyone's home. Sail type should be taken into consideration at the time of construction and any necessary measures taken to minimize the impact of water drainage. SHRUBS AND TREES: Any shrubs and trees planted by owners must be approved by the Committee and will remain if lot is sold. ARTICLE VI - AGRICULTURAL COVENANTS AND RESTRICTIONS AGRICULTURAL ACTIVITIES: Lot owners are advised that agricultural activities are conducted in the immediate vicinity which may produce odors, noise, dust, and involve the utilization of herbicides and pesticides, which can have an effect on this property. Adjacent land owners will not be liable for odors, noise, herbicide and pesticide sprays that are necessary in good agricultural operations, providing such sprays are applied in compliance with approved standards by licensed applicators. Adjacent land owners will not be liable for adverse ground water conditions caused by agricultural practices, including normal irrigation. GOVERNMENTAL INSPECTIONS: Any authorized representative of any governmental agency shall have the right at any reasonable time to inspect the grounds and gardens of any lots for disease - harboring plants, shrubs or trees, and if found to require disposal of same by t_qe owner. ARTICLE VII - GENERAL COMPLIANCE WITH LAWS: -he Lot Owner shall, at the Lot Owner's sole cost and expense, comply with all present and future laws, rules, requirements, orders, direction, ordinances, and regulation of the United States of America, or of any state, governmental or lawful authority whatsoever, whether suc-i requirements may _relate to: a) structural or other alterations, changes, additions, or improvements relating to the premises or any buildings or improvements thereon, b) repairs, inside or outside, extraordinary or ordinary, relating to the Premises or any building or improvements thereon; c) the manner in which the premises and any buildings or improvements thereon may be used or occupied; d) zoning; e) any other matter affecting the premises, whether like or unlike the foregoing. TERM: The covenants and restriction of this Declaration shall run with and bind the property for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive ten (10) year periods. This Declaration may be amended at any time by an instrument signed by the owners of not less than eighty-five percent (85%) of the lot owners and approved by the Board of Commissioners, Flathead County, Montana. ENFORCEMENT: The Association, the Architectural Committee, any owner or group of owners or any combination thereof shall have the right to enforce by any proceeding at law or in equity, all covenants conditions and restrictions now or hereafter imposed by the provisions of this Declaration. Failure by the Association, Architectural Committee or any owner to enforce any covenant or restriction herein contained shall in no event be a waiver of the right to do so thereafter. Attorney -fees and costs shall be awarded to the prevailing party in any action to enforce these covenants. SEVERABILITY: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any of the remaining provisions, which shall remain in full force and effect. Owl Corporation Secretary,Treasurer,Director Flathead Village Greens L.L.C. Managing Partne I STATE OF MONTANA ss: County of Flathead On this day of V before me the undersigned, a notary for the State of OMontana, personally appeared Mark G. Owens known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal, the day and year in this certificate last above written. WE ECi- LAURIE ECKERT NOTARY PUBLIC for the A D� �14 N State of Montane v%0)':TARjA Residing at Kalispell, Montana .60 My Commission Expires Notary Public •for the State of F February 11, 2021 Montana 7-7 IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit No: 3102181001652 Dated: February 14, 2018 Expiration Date: February 14, 2020 Amount: $39,905.90 Beneficiary: City of Kalispell PO Box 1997. Kalispell, MT 59901 To Whom It May Concern: We hereby establish in your favor an Irrevocable Standby Letter of Credit up to the aggregate amount of THIRTY NINE THOUSAND NINE HUNDRED FIVE AND 90l100 — U.S. ($39,905.90) for OWL CORPORATION, available by your draft drawn on us presented to Glacier Bank, Kalispell, Montana. Drafts must be accompanied by Beneficiary's signed statement by an authorized official of the City of Kalispell certifying that OWL CORPORATION has not complied with or completed: Warranty and Maintenance for Glacier Village Greens Phase 21. This Irrevocable Standby Letter of Credit may be drawn upon prior to its expiration date by your draft drawn on us presented at Glacier Bank, Kalispell, Montana. This Irrevocable Standby Letter of Credit expires in full and finality February 14, 2020. Drafts drawn under this Letter of Credit must bear the following clause: "`Drawn under Glacier Bank, Kalispell, Montana, Irrevocable Standby Letter of Credit 3102181001652 dated February 14, 2018" We hereby engage with the drawer, endorser and holders in due course of drafts drawn under and in compliance with the terms of this credit, that such drafts will be duly honored upon presentation to the drawee bank. This Agreement shall be governed by the Uniform Customs and Practice for Documentary Credits (2007 Revision) ("UCP"), InternationaI Chamber of Commerce Publication No. 600, International Chamber of Commerce International Standby Practices ISP98, (Publication ISP98) and any subsequent revisions thereof approved by the International Chamber of Commerce, unless the law of the State of issuance prohibits application of the UCP and ISP98 to this letter. Sincerely, AA �a=i�lt.GLa) Ynnifer Wheeler Vice President