H2. Mountain Vista Final Plat RequestPLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager1v
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Final plat request for Mountain Vista Estates Subdivision — Phase 4C
MEETING DATE: June 18, 2018
BACKGROUND: Marquardt Surveying Inc. submitted a request, on behalf of Touchstone, LLC, for
final plat approval of Mountain Vista Estates Subdivision Phase 4C, a 7-lot residential subdivision
located in Tract 1BFA in the SE4 of the SW4 of Section 2, Township 28 North, Range 22 West.,
P.M.,M., Flathead County, Montana. This subdivision is the third sub -phase of the fourth phase of a
residential development that was preliminarily approved by the City Council in August 2007.
The City Council approved the preliminary plat for Mountain Vista Estate Phase 4 with 27 conditions
at their meeting on August 6, 2007, with Resolution No. 5221. All of the conditions have been met or
adequately addressed.
RECOMMENDATION: It is recommended that the City Council approve the final plat for
Mountain Vista Estates Subdivision — Phase 4C.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: June 13, 2018
c: Aimee Brunckhorst, Kalispell City Clerk
PLANNING FOR THE FUTURE
June 13, 2018
Doug Russell, City Manager
City of Kalispell
201 1st Ave E
Kalispell, MT 59901
N5COMY$F4IeX1
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Re: Final plat request for Mountain Vista Estates Subdivision — Phase 4C
Dear Doug:
Marquardt Surveying Inc. submitted a request, on behalf of Touchstone, LLC, for final plat approval of
Mountain Vista Estates Subdivision Phase 4C, a 7-lot residential subdivision located in Tract 1BFA in
the SE4 of the SW4 of Section 2, Township 28 North, Range 22 West., P.M.,M., Flathead County,
Montana. This subdivision is the third sub -phase of the fourth phase of a residential development that
was preliminarily approved by the City Council in August 2007.
The City Council approved the preliminary plat for Mountain Vista Estate Phase 4 with 27 conditions
at their meeting on August 6, 2007, with Resolution No. 5221. All of the conditions have been met or
adequately addressed. The following report summarizes the applicant's compliance with the
conditions of approval.
COMPLIANCE WITH CONDITIONS OF APPROVAL
1. That the development of the site shall be in substantial compliance with the application submitted,
materials and other specifications as well as any additional conditions associated with the
preliminary plat as approved by the city council.
Staff Response: This condition has been met. The development is in compliance with the
approved preliminary plat.
2. The preliminary plat approval shall be valid for a period of three years from the date of approval.
Staff Response: This condition has been met. The application for final plat was submitted prior
to the expiration of the preliminary plat approval with subsequent extensions granted by the City
Council and final plat approval of Phase 4B.
3. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved
and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the
permit shall include a permit application, site map, narrative describing the best management
practices to be used and a completed checklist. In addition to the City Stormwater Management
Permit the developer shall submit a copy of the State General Construction Stormwater Discharge
Permit Notice of Intent (NOl) and Stormwater Pollution Prevention Plan (SWPPP). At the time of
final plat, the project engineer shall certify that the development is in compliance with the
approved City Stormwater Management Permit.
Staff Response: This condition has been met. The applicant received a General Construction
Stormwater Permit from the Montana Department of Environmental Quality. The applicant also
received a Stormwater Management Permit from Kalispell Public Works. All of the work has
been completed and a Certificate of Substantial Completion was issued on May 31, 2018, and is
attached hereto for reference.
4. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and Montana
Public Works Standards; and shall be certified in writing by an engineer licensed in the State of
Montana. All design work shall be reviewed and approved in writing by the Kalispell Public
Works Department prior to construction. This infrastructure shall include but not be limited to
streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
Staff Response: This condition has been met. The applicant submitted construction drawings
and a Drainage Report to the City of Kalispell and received approval from Kalispell Public Work
for construction of the required improvements for all of Phase 4. Public Works accepted the
subdivision improvements on June 6, 2018. The acceptance letter is attached hereto for reference.
5. The road connection planned at the southern portion of the subdivision to Cottage Gardens shall
be adjusted to meet city design standards and is subject to review and approval from the Kalispell
Public Works Department. The adjusted road location shall be shown on the final plat and a letter
from the Public Works Department obtained stating the design is approved.
Staff Response: This condition has been adequately addressed. The Cottage Gardens
Subdivision expired before being constructed and final platted, therefore there is no road
connection to the south that can be made at this time. As part of the Phase 4 phasing plan, the
applicant submitted and received approval from Kalispell Public Works and Kalispell Fire
Department for a temporary hammerhead design to handle emergency access and turn -around.
The temporary design will be in place until such time the property to the south is developed, at
which time the city street will be extended south to Three Mile Drive. Public Works accepted the
subdivision improvements on June 6, 2018. The acceptance letter is attached hereto for reference.
6. Water and sewer main extensions shall be designed and constructed in accordance with the City
of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The
water and sewer main extension plans shall be reviewed and approved by the Kalispell Public
Works Department. Prior to final plat, a certification shall be submitted to the Public Works
Department stating that the water and sewer mains have been built as designed and approved.
Staff Response: This condition has been met. The applicant submitted construction drawings
and a drainage report to the City of Kalispell and received approval from Kalispell Public Work
for construction of the required improvements for Phase 4C. Public Works accepted the
subdivision improvements on June 6, 2018. The acceptance letter is attached hereto for reference.
7. The developer shall submit to the Kalispell Public Works Department for review and approval a
stormwater report and an engineered drainage plan that meets the requirements of the current City
Standards for Design and Construction. Prior to final plat, a certification shall be submitted to the
Public Works Department stating that the drainage plan for the subdivision has been installed as
designed and approved.
Staff Response: This condition has been met. The applicant submitted a drainage report to the
City of Kalispell and received approval from Kalispell Public Works for construction of the
required improvements for Phase 4C. Public Works accepted the subdivision improvements on
June 6, 2018. The acceptance letter is attached hereto for reference.
8. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted to
Montana Department of Environmental Quality for the General Permit for Stormwater Discharge
Associated with Construction Activities.
Staff Response: This condition has been met. A stormwater management permit was obtained
by the developer for the construction of the required improvements. All of the work has been
completed and a Certificate of Substantial Completion was issued on May 31, 2018, and is
attached hereto for reference.
9. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for
unfinished work.
Staff Response: This condition has been met. Public Works accepted the subdivision
improvements on June 6, 2018. The acceptance letter is attached hereto for reference.
10. The following note shall be placed on the final plat, "lots within the subdivision may be in areas
where the water table is high and that special consideration in the construction of crawl spaces
and basements in those areas is recommended."
Staff Response: This condition has been met. A note has been placed on the final plat.
11. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per City specifications
at approved locations. Minimum fire flows shall be in accordance with International Fire
Code.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code.
d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in
accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as "no
parking fire lane."
Staff Response: This condition has been met. The developer has designed the proposed
subdivision to comply with all of the above requirements. The plans for construction have been
reviewed, approved and accepted by the Kalispell Fire Department and the Kalispell Public
Works Department.
12. A temporary cul-de-sac at the south end of the project shall be constructed at the southern
terminus of Mountain Vista Way if the road through the Cottage Gardens subdivision is not in
place prior to final plat.
Staff Response: This condition has been adequately addressed. As mentioned above, Cottage
Gardens Subdivision expired before being constructed and final platted, therefore there is no road
connection to the south that can be made at this time. As part of the Phase 4 phasing plan, the
applicant submitted and received approval from Kalispell Public Works and Kalispell Fire
Department for a temporary hammerhead design to handle emergency access and turn -around.
The temporary design will be in place until such time the property to the south is developed, at
which time the city street will be extended south to Three Mile Drive. Public Works accepted the
subdivision improvements on June 6, 2018. The acceptance letter is attached hereto for reference.
13. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape
plan for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision. The approved landscape plan shall be implemented or a cash -in -
lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks
and Recreation Department.
Staff Response: This condition has been met. The Kalispell Parks and Recreation Director has
approved the landscaping plan and the placement of trees and landscaping for the subdivision.
See attached letter from Chad Fincher, Kalispell Parks and Recreation Director, dated July 7,
2014.
14. The area designated on the plat as common area shall meet the parkland dedication requirements
provided that it is developed as followed:
a. Access to the common needs to be placed between lots 12 and 13 - rather than between lots
11 and 12 - to provide a more direct access.
b. A mowed path consisting of native grasses shall be provided from the cul-de-sac as well as
along a leisure trail running north and south along the Spring Creek riparian area. The mowed
trail intended for leisure within the common area shall be located to the furthest west of the
creek possible and absolutely outside of the 50 foot natural buffer area (Fish, Wildlife and
Parks)
c. Four benches shall be installed along the Spring Creek mowed trail running north and south.
d. A minimum of three interpretive signs shall be placed along the trail running north and south.
The signs should be coordinated with the Fish, Wildlife and Parks Department (FWP).
Additionally, the signs need to be made out of a metal thick enough to prevent vandalism and
placed upon a mount that is sturdy enough to prevent vandalism.
e. The developer shall provide the Parks and Recreation Department with the improvement plan for
the department for review and approval. The developer shall install the improvements prior to
final plat in accordance with the approved plan.
Note: Any work within the floodplain requires a floodplain permit.
Staff Response: This condition has been met. The applicant has provided an access between the
lots into the common area as part of a previous phase and has specified terms for management
and maintenance of the common area in the homeowners association bylaws and CC&Rs.
15. The 20-foot easement to the common area that shall be relocated between lots 12 and 13 shall be
incorporated within the larger common area of the subdivision and not on individual lots.
Staff Response: This condition has been adequately addressed. The 20 — foot access easement
was granted as part of Phase 4A and relocated between lots 13 and 14 providing adequate access
to the common area.
16. A park maintenance district shall be formed incorporating all the lots within the Mountain Vista
Estates Phase IV subdivision. The park maintenance district shall not be effective until such time
as any open space or parks are accepted by the city in which case the taxes levied within the
maintenance district shall be determined by the Parks and Recreation Department with approvals
by the Kalispell City Council.
Staff Response: This condition has been met. A note has been placed on the plat waiving the
property owners' right to protest the creation of a park maintenance district within the subdivision
if, in the future, maintenance responsibility of the common area were to be transferred to the City
of Kalispell.
17. A 100 foot building setback from the high waterline of Spring Creek and the 50 foot natural
buffer shall be shown on the final plat.
Staff Response: This condition has been met. The 100-foot building setback and the 50-foot
stream buffer area are shown on the final plat.
18. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to
protest the creation of a special improvement district for road upgrades in the area to City
standards which are impacted by this subdivision."
Staff Response: This condition has been met. A waiver of protest for a special improvement
district is included in the notes on the final plat.
19. 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. A letter shall be obtained from
the Kalispell Public Works Department stating the naming and addressing on the final plat have
been reviewed and approved.
Staff Response: This condition has been met. The applicant has received approved lot numbers
for addressing purposes from Kalispell Public Works and they are shown on the final plat.
20. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of utilities
from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final
plat.
Staff Response: This condition has been met. All of the required easements are shown on the
final plat. See attached letter from Keith Haskins, Kalispell Public Works, approving the
easement locations and dimensions, dated May 30, 2018.
21. A detailed floodplain study shall be completed and accepted by FEMA determining the base
flood elevation for the floodplain area within the subdivision. The final plat shall not be recorded
and no significant earth moving within 100 feet of the centerline of the creek shall be allowed
until the completion and acceptance of the study area. The newly delineated floodplain shall be
staked. The base flood elevation accepted by FEMA shall be indicated on the final plat and no
lots shall extend into the newly delineated floodplain.
Staff Response: This condition has been adequately addressed. The requirement for a detailed
floodplain study is no longer required because FEMA recalculated the boundary of the 100-year
floodplain and it does not extend north of Three Mile Drive. The applicant is providing a 100-
foot building setback from the centerline of the creek and a 50-foot non -disturbance area along
the edge of Spring Creek. The 50-foot non -disturbance area and much of the 100-foot building
setback area is included within the common area shown on the final plat.
22. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The mail
delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site
and improvements shall also be included in the preliminary and final engineering plans to be
reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area.
Staff Response: This condition has been met. The US Postal Service has reviewed and
approved the location of a mail delivery site for the subdivision. The installation of the mail
delivery site has been provided for in the approved construction plans.
23. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it
does not intrude unnecessarily onto adjoining properties.
Staff Response: This condition has been met. The street lighting in the subdivision has been
reviewed and approved by Kalispell Public Works and is in compliance with the Kalispell
Subdivision Regulations and the Kalispell Standards for Design and Construction.
24. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public,
the right to the joint use of an easement for the construction, maintenance, repair, and removal of
their lines and other facilities, in, over, under, and across each area designated on this plat as
"Utility Easement" to have and to hold forever."
Developer's Signature
Staff Response: This condition has been met. The above statement has been included on the
final plat.
25. A homeowners association for the subdivision shall be created that includes a provision for the
maintenance of the common area along Spring Creek, including the mowed path, 50 foot natural
buffer, benches and signs.
Staff Response: This condition has been met. The applicant has submitted a signed and
notarized amendment to the Declaration of Homeowners Association By -Laws that provides for
the maintenance of the common area along Spring Creek. This document will be recorded upon
recording of the final plat.
26. All utilities shall be installed underground.
Staff Response: This condition has been met. The approved construction plans call for all
utilities to be installed underground. A note has been placed on the final plat requiring that all
utilities be installed underground, and an SIA has been submitted to guarantee that all
improvements are installed in accordance with the approved plans and design and construction
standards.
27. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
Staff Response: This condition has been adequately addressed. The applicant's construction
plans call for the re -vegetation of all disturbed areas immediately after development with a weed
free mix of vegetation.
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 August 6, 2007.
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-3
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
Mountain Vista Estates Subdivision Phase 4C.
Attachments: - Two mylars of final plat
- 11" x 17" copy of plat
- Applicant responses and final plat application dated
- Old Republic Title Insurance Company Policy S8001766, dated 4/26/2018
- Declarations of design guidelines, conditions, covenants and restrictions for
Mountain Vista Estates Phase 4
- Flathead County tax certification, dated 5/23/2018
- Consent to Plat dated 5/18/2018
- Letter from Kalispell Public Works (utility easements approval), dated 5/30/2018.
- Letter from Kalispell Public Works (acceptance letter), dated 6/6/2018.
- Montana Department of Environmental Quality letter dated 6/10/2018
- Letter from Kalispell Parks and Recreation, dated 7/7/2014
- Letter from US Postal Service, dated 7/2/2014
- Certificate of Substantial completion, dated5/31/2018
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: Marquardt Surveying, Inc.
201 3rd Avenue West
Kalispell, MT 59901
Touchstone, LLC
285 2nd Avenue WN
Kalispell, MT 59901
PLANNING FOR THE FUTURE
col'
Planning Departm o
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
ivww.kalispe1Lcom/phm=9% RECEIVED
FINAL PLAT APPLICATION
JUN l 12018
Project / Subdivision Name: 5Y1 rk � ,� t F 1, � �, q MUM UPANING DEPARTMEW
Contact Person:
Name: �lZl cxr4-�,K
Address: O'Qe �m
Phone No.: I
Date of Preliminary Plat Approval: , , COD
Owner & Mailing Address:
Type of Subdivision: Residential - Industrial Commercial PUD Other
Total Number of Lots in Subdivision_
Land in Project (acres) l 2=
Parkland (acres) Cash -in -Lieu $ Exempt
No. of Lots by Type: J
Single Family_ Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
Legal Description of the Property i ,rr�� ,�= ; A- �'o ffs � S , &I ?
FILING FEE ATTACHED $ i (l 5•
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
Attached Not Applicable (MUST CHECK ONE)
Health Department Certification (Original)
5<1 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: 2 mylars 1 11X17 Copy
1 full size copy 1 Electronic Copy
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date
of the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The
governing body must act within 30 days of receipt of the revised preliminary plat application and
staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing
body for approval. Changes to the approved preliminary plat may necessitate reconsideration by
the planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application
and may invalidate any approval. The signing of this application signifies approval for Kalispell
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
"NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
r(sj Signature Date —�—
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
2
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/A** Surveying
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11 June, 2018
City of Kalispell Planning Department
201 1st Avenue East
Kalispell, MT 59901
201 314 Ave. West
Kalispell, MT 59901
infoommsurvey.net
P (406) 755-6285
F (406) 755-3055
Re: Mountain Vista Estates Phase 4C in Section 2, Township 28 North, Range 22 West
Enclosed is the Final Plat application for Mountain Vista Estates Phase 4C. Preliminary plat
approval was granted on August 6th, 2007 and thereafter Phase 4A was filed August 19th, 2014,
Phase 4B filed on August 1st, 2016. The conditions of approval have been met as follows:
1. That the development of the site shall be in substantial compliance with the application
submitted, materials and other specifications as well as any additional conditions associated
with the preliminary plat as approved by the city council. The subdivision is in
conformance with the approved preliminary plat.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval. The final plat is herewith submitted within two years of the filing date of
Phase 413.
3. Prior to any excavation or earthwork, a City Stormwater Management permit shall be
approved and issued from the Kalispell Public Works Department. In accordance with
Ordinance 1600, the permit shall include a permit application, site map, narrative
describing the best management practices to be used and a completed checklist. In addition
to the City Stormwater Management Permit the developer shall submit a copy of the State
General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater
Pollution Prevention PIan (SWPPP). At the time of final plat, the project engineer shall
certify that the development is in compliance with the approved City Stormwater
Management Permit. Enclosed please find the Certificate of Substantial Completion.
4. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and Montana
Public Works Standards; and shall be certified in writing by an engineer licensed in the
State of Montana. All design work shall be reviewed and approved in writing by the
Kalispell Public Works Department prior to construction. This infrastructure shall include
but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and
sidewalks. Enclosed please find the Certificate of Substantial Completion.
Mountain Vista Estates Phase 4C Page 1 of 5
S. The road connection planned at the southern portion of the subdivision to Cottage Gardens
shall be adjusted to meet city design standards and is subject to review and approval from
the Kalispell Public Works Department. The adjusted road location shall be shown on the
final plat and a letter from the Public Works Department obtained stating the design is
approved. The road has been extended to the South property line. Enclosed please
find the Certificate of Substantial Completion.
6. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and Montana Public Works
Standards. The water and sewer main extension plans shall be reviewed and approved by
the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted
to the Public Works Department stating that the water and sewer mains have been built as
designed and approved. Enclosed please find the Certificate of Substantial Completion.
7. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan that meets the
requirements of the current City standards for design and construction. Prior to final plat, a
certification shall be submitted to the Public Works Department stating that the drainage
plan for the subdivision has been installed as designed and approved. Enclosed please
find the Certificate of Substantial Completion.
& The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Stormwater Discharge Associated with Construction Activities. Enclosed please find the
Certificate of Substantial Completion.
9. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted
for unfinished work. Enclosed please find the Certificate of Substantial Completion.
10. The following note shall be placed on the final plat, "lots within the subdivision may be in
areas where the water table is high and that special consideration in the construction of
crawl spaces and basements in those areas is recommended." The note is on the face of
the final plat.
11. The following requirements shall be met per the Kalispell Fire Department and so certified
in writing by the Fire Department:
a. Water mains designed to provide a minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance
with International Fire Code (2003) Appendix B. This condition was completed
with Phase 4A.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction. This condition was completed
with Phase 4A.
c. Fire Department access shall be provided in accordance with International Fire
Code (2003) Chapter 5. This condition was completed with Phase 4A.
Mountain Vista Estates Phase 4C Page 2 of 5
cl. It shall be noted on the face of the plat that hazardous weed abatement shall be
provided in accordance with City of Kalispell Ordinance 10-8. The note is on the
face of the plat.
e. Street naming shall be approved by the fire department. This condition was
completed with Phase 4A.
f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as
"no parking fire lane," This condition was completed when the additional road
was extended.
11 A temporary cul-de-sac at the south end of the project shall be constructed at the southern
terminus of Mountain Vista Way if the road through the Cottage Gardens subdivision is not
in place prior to final plat. The temporary easement for road purposes is shown on the
plat; said easement to provide a turn -around until the road is extended to 3-mile
road.
13, A letter shall be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the landscape
boulevards of the streets serving the Subdivision. The approved landscape plan shall be
implemented or a cash in lieu payment for installation of the street trees and groundcover
provided to the Kalispell Parks and Recreation Department. This condition was
completed with Phase 4A.
14. The area designated on the plat as common area shall meet the parkland dedication
requirements provided that it is developed as follows:
a. Access to the common area needs to be placed between lots 13 and 14 - rather than
between lots 11 and 12 - to provide a more direct access. This condition was
completed with Phase 4B.
b. A mowed path consisting of native grasses shall be provided from the cul-de-sac as
well as along a leisure trail running north and south along the Spring Creek riparian
area. The mowed trail intended for leisure within the common area shall be located
to the furthest west of the creek possible and absolutely outside of the 50 foot
natural buffer area. This condition was completed with Phases 4A.
c. Four benches shall be installed along the Spring Creek mowed trail running north
and south. This condition was completed with Phase 4A and 4B.
d. A minimum of three interpretive signs shall be placed along the trail running north
and south. The signs should be coordinated with the Fish, Wildlife and Parks
Department (FWP). Additionally, the signs need to be made out of metal thick
enough to prevent vandalism and placed upon a Mount that is sturdy enough to
prevent vandalism. This condition was completed with Phase 4A.
The developer shall provide the Parks and Recreation Department with the improvement
plan for the department for review and approval. The developer shall install the
improvements prior to final plat in accordance with the approved plan. This condition
was completed with Phase 4A.
Note: Any work within the floodplain requires a floodplain permit. This condition was
completed with Phase 4A.
Mountain Vista Estates Phase 4C Page 3 of 5
1S. The 20-foot easement to the common area that shall be relocated between lots 13 and 14
shall be incorporated within the larger common area of the subdivision and not on
individual lots. This condition was completed with Phase 4B,
16. A park maintenance district shall be formed incorporating all the Iots within the Mountain
Vista Estates Phase IV subdivision. The park maintenance district shall not be effective until
such time as any open space or parks are accepted by the city in which case the taxes levied
within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council. This condition was completed
with Phase 4A.
17. A 100 foot building setback from the high waterline of Spring Creek and the 50 foot natural
buffer shall be shown on the final plat. The setback and buffer are shown on the face of
the final plat,
18. The following note shall be placed on the final plat: "Property owner(s) shall waive their
right to protest the creation of a special improvement district for road upgrades in the area
to City standards which are impacted by this subdivision. The note is on the face of the
plat.
19. 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. A letter shall be
obtained from the Kalispell Public Works Department stating the naming and addressing on
the final plat have been reviewed and approved, An email from the Kalispell Public
Works Department regarding addressing review is enclosed. Signage is complete.
20. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public
Works Department shall be obtained stating that the required easements are being shown
on the final plat The easements are shown on the face of the plat. A letter from
Kalispell City Works is attached.
21. A detailed floodplain study shall be completed and accepted by FEMA determining the base
flood elevation for the floodplain area within the subdivision. The final plat shall not be
recorded and no significant earth moving within 100 feet of the centerline of the creek shall
be allowed until the completion and acceptance of the study area. The newly delineated
floodplain shall be staked. The base flood elevation accepted by FEMA shall be indicated on
the final plat and no lots shall extend into the newly delineated floodplain. This condition
was completed with Phase 4A.
22. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail and improvements shall also be included in the preliminary and final engineering plans
to be reviewed by the Public Works Department. The mail delivery site shall not impact a
sidewalk or proposed boulevard area. This condition was completed with Phase 4A.
23. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that
it does not intrude unnecessarily onto adjoining properties. Lighting is complete,
Mountain Vista Estates Phase 4C page 4 of 5
24. The following statement shall appear on the final plat: "The undersigned hereby grants
unto each and every person, firm or corporation, whether public or private, providing or
offering to provide telephone, telegraph, electric power, gas, cable television, water or
sewer service to the public, the right to the joint use of an easement for the construction,
maintenance, repair, and removal of their lines and other facilities, in, over, under, and
across each area designated on this plat as "Utility Easement" to have and to hold forever."
The note is on the face of the final plat.
25. A homeowners association for the subdivision shall be created that includes a provision for
the maintenance of the common area along Spring Creek, including the mowed path, 50 foot
natural buffer, benches and signs. The amendment to the HOA documents to include
Phase 4C is attached.
26. All utilities shall be installed underground. The note is on the face of the final plat.
27. All areas disturbed daring development shall be re -vegetated with a weed -free mix
immediately after development. The note is on the face of the final plat.
Also submitted herewith is:
® Final plat application fee: $1675.00
• Final plat - full size paper copy
® Final plat - mylars (2)
• Final plat -11x17 copy
• Platting Certificate prepared by Alliance Title and dated 26 April, 2018
• Amendment to join the Declaration of Design Guidelines, Conditions, Covenants and
Restrictions for Mountain Vista Estates PUD Phase IV
® Certificate of Substantial Completion
• Certification from the County Treasurer's Office stating that all real property taxes and
special assessments assessed and levied on the land to be subdivided have been paid
® Consent to Plat
® Compact disc with an AutoCAD file of the final plat's line work
If you have any questions please do not hesitate to call.
Sincerely,
Donna Pridmore
Administrative Assistant
755-6285
Mountain Vista Estates Phase 4C Page 5 of 5
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 NTH RESPECT
TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN.
Old Republic National Title Insurance Company, a Florida corporation, herein called the Company,
GUARANTEES
the Assured named in Schedule A, against actual monetary loss or damage not exceeding the liability amount of stated in Schedule A which the
Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
IN WITNESS WHEREOF, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its
duly authorized officers, the Guarantee to become valid when countersigned on Schedule A by an authorized officer or agent of the Company.
Issued by:
Authorized Signatory
CRT Form 3796
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
?f;i,' . d .Avr rtu,. South, tvhn.:• Nlinn� sots 55:"0?
l
By Prr;vi&:nt
STCr:_t_3r }
GUARANTEE CONDITIONS AND STIPULATIONS
Definition of Terms.
The following terms when used in the Guarantee mean;
a. the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the
Company.
b. "land": the land described or referred to in Schedule (AXC) or in Part 2, and improvements affixed thereto which by law consti-
tute 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, tide, 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 assess-
ments 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, alleys, lanes, ways or waterways in 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 anyjudicial or nonjudicial proceeding which is within the scope and pur-
poseof assurances provided.
Notice of Claim to be Given by Assured Claimant,
An Assured shall notify the Company promptly in writing in case any 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 such 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 such 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 here-
under, 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 rights 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 inured by an Assured
in the defense of those causes of action which allege matters not covered by this Guarantee.
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, the
Assured hereunder shall secure to the Company the right to prosecute or provide 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 obliga-
tions 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 Companywlthin 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 dam-
age. 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 represen-
tative 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 neces-
sary 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.
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 the
indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security,
to the Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this
Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including
any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under
Paragraph 5, and the Guarantee shag be surrendered to the Company for cancellation.
T o 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 obligations 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.
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 stated herein and the
value of the estate or interest
subject to the defect, lien or encumbrance assured against by this Guarantee.
Limitation of Liability.
If the Company establishes the title, or removes the alleged defect. Gen or encumbrance, or cures
the 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 Gable for any loss or damage
caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall
have no liability for loss or dam-
age 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 Joss or damage shall be payable within 30 days thereafter,
13. 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 insured claimant 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 Asured 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 mules 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.
14, Liability Limited to this Guarantee; Guarantee Entire Contract.
This Guarantee togetherwith 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.
Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim,
shall be restricted to thistGuarantee.
(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 orauthorized signatory of the Company.
15. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to be fumished the
Company shall include the number of this Guarantee and shall be addressed to: Old Republic National Title
Insurance Company, 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111,
OLD REPUBLIC
***** Subdivision Guarantee
SCHEDULE A
ORDER No. 395023 LIABILITY $5,000.00
FEE: $ 150.00 GUARANTEE No. SG-8001766
1. Name of Assured: Marquardt & Marquardt Surveying, Inc.
2. Date of Guarantee: 26th day of April, 2018
The assurances referred to on the face page hereof are:
That, according to the Company's property records relative to the following described land
(but without examination of those Company records maintained and indexed by name):
A. Name of Proposed Subdivision Plat or Condominium Map:
Mountain Vista Estates Phase 4C
B_ The public records purport that only the hereafter named parties appear to have an
interest affecting the land necessitating their execution of the named proposed plat or
map:
Touchstone, LLC
C. The estate or interest in the land hereinafter described or referred to covered by this
Guarantee is: FEE SIMPLE
D. The Land referred to in the Guarantee is situated in the State of MT. County of
Flathead and is described as follows:
That portion of the Southeast Quarter of the Southwest Quarter of Section 2,
Township 28 North, Range 22 West. P.M.M., Flathead County, Montana, described as
follows:
Beginning at the Southwest corner of the Northeast Quarter of the Southeast Quarter
of the Southwest Quarter of Section 2; thence along the West line of said Northeast
Quarter of the Southeast Quarter of the Southwest Quarter
North 00°34'40" East 240.00 feet; thence
North 89°50'49" East 120.01 feet: thence
South 00°34'41'' West 60.00 feet: thence
South 89°25' 19" East 60.00 feet; thence
North 00°34'41" East 76.67 feet; thence
North 45°34'41 " East 7.07 feet: thence
South 89°25' 19" East 61.46 feet to a point on a 58.00 foot radius curve, concave
Northeasterly, having a radial bearing of
North 59°25'50" East: thence
Southeasterly along the curve through a central angle of 10'28'55" along an arc length
of 10.61 feet; thence
South 00'3441" West 121.45 feet; thence
North 89'50'49" East 62.26 feet; thence
South 00'34'41" West 130.01 feet to the South line of the above said Northeast
Quarter of the Southeast Quarter of the Southwest Quarter; thence along said South
line
South 89'50'48" West 315.02 feet to the Point of Beginning.
The above described tract of land is to be known and designated as Mountain Vista
Estates Phase 4C.
E. According to the public records, the following documents purport to affect the
described land:
I County road rights -of -way not shown by the Public Records, including, but not
limited to any right of the Public and the County of Flathead to use and occupy
those certain roads and trails as depicted on County Surveyor's maps on file in
the office of the County Surveyor of Flathead County.
All minerals in or under said land including but not limited to metals, oil, gas.
coal, stone and mineral rights, mining rights and easement rights or other
matters relating thereto, whether expressed or implied,
3. General Taxes for the year 2017 a Lien, the first half is paid and the second
half is now due and payable.
Parcel No.: 01-0011422
In the original amount of: $3.060.57
4. Taxes, including any assessments collected therewith, for the year 2018 which
are a lien not yet due and payable.
5. Liens, levies and assessments of the Mountain Vista Estates Homeowners
Association.
6. Easements, reservations, notes and/or dedications as shown on the official plat
of The Proposed Plat of Mountain Vista Estates Phase 4C.
7. An easement for the purpose shown below and rights incidental thereto as set
forth in a document:
Granted To: United States of America
Purpose: Bonneville Power Transmission Lines
Recorded: July 226. 1951
Instrument No.: 4067
Book 320, Paae 375
8. Terms, provisions, covenants, conditions, definitions. options. obligations and
restrictions, contained in a document
Purpose: Bargain and Sale Deed to the State of Montana
Recorded: December 1, 1955
Instrument No.: 8190
Book 383. Page 200
Easements reservations and dedications, as shown on Certificate of Survey
6127.
Recorded: March 23, 1981
Instrument No.: 6127
10. Easements reservations and dedications, as shown on Certificate of Survey
9759.
Recorded: August 3, 1989
Instrument No.: 13150
I I. Easements reservations and dedications, as shown on Certificate of Survey
14.672.
Recorded: June 7, 2001
Instrument No.: 2001-158-16180
12. Terms and provisions of State of Montana, Department of Environmental
Quality, Certificate of Subdivision Plat Approval, recorded with Certificate of
Survey No. 14672, under Instrument No. 2001-158-1618-0, of Official
Records.
13. Agreement and the terns and conditions contained therein
Between: Hal M. Bauer and Rebecca J. Bauer
And: Hal M. Bauer and Rebecca J. Bauer
Purpose: Forty foot private road and utility easement
Recorded: June 15, 2001
Instrument No.: 2001-166-1145-0
14. An easement for the purpose shown below and rights incidental thereto as set
forth in a document:
Granted To: Ronald Sharpe and Marcia Sharpe
Purpose: Forty foot private road and utility easement
Recorded: August 24, 2001
Instrument No.: 2001-236-1134-0
15. Terns, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Resolution No. 4972 for Annexation to the City of Kalispell
Recorded: February 15, 2005
Instrument No.: 2005-046-1053-0
16. Easements reservations and dedications, as shown on Certificate of Survev
17120. r
Recorded: January 5, 2005
Instrument No.: 2006-005-10150
17. Terms. provisions, covenants, conditions. definitions. options. obligations and
restrictions, contained in a document
Purpose: Ordinance No. 1524 to change zoning
Recorded: June 9. 2006
Instrument No.: 2006-160-0841-0
18. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions. contained in a document
Purpose: Resolution No. 5220 Zoning Ordinance
Recorded: August 24, 2007
Instrument No.: 2007-00025913
19. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Mountain Vista Estates Phase 4 Petition to Annex and Withdrawal
from Rural Fire District
Recorded: August 24, 2007
Instrument No.: 2007-00025914
20. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Declaration of Homeowners Association By -Laws of Mountain
Vista Estates PUD Phase IV
Recorded: August 19, 2014
Instrument No.: 201400015969
21. Covenants, conditions and restrictions, but omitting any covenant or restriction
based on race, color, religion, sex, sexual orientation, disability, handicap,
familial status, marital status, ancestry, national origin 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: August 19. 2014
Instrument No.: 201400015970
22. A Deed of Trust to Secure an indebtedness in the amount shown below,
Amount: $235.000.00
Trustor/Grantor: Touchstone. LLC
Trustee: Alliance Title & Escrow Corp.
Beneficiary: Valley Bank of Kalispell
Dated: December 18. 2017
Recorded: December 18, 2017
Instrument No.: 2017-000-30779
No guarantee is made regarding any liens, claims of liens, defects or encumbrances other than
those specifically provided for above, and, if information was requested by reference to a
street address. no guarantee is made that said land is the same as said address.
C�
Countersigned:
Authorized Officer or Agent
ORT Form 3797m
Subdivision Guarantee
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Return to:
Touchstone, LLC
285 2nd Ave. W.N. #102
Kalispell, MT 59901
AMENDMENT #3 TO THE
DECLARATION OF DESIGN GUIDELINES, CONDITIONS,
COVENANTS AND RESTRICTIONS FOR
MOUNTAIN VISTA ESTATES PUD
PHASE IV A
THIS DECLARATION is made this 2411 day of May 2018, by the undersigned, TOUCHSTONE, LLC, 285 2"d Avenue
West North, Suite 102, Kalispell, MT 59901 (Declarant).
Per Sections 16.1 and 16.3, the Declarant hereby amends the Amendment To The Declaration Of Design
Guidelines, Conditions, Covenants And Restrictions For Mountain Vista Estates PUD Phase IV A recorded March 25,
2016, document #201600005619 to annex and include Mountain Vista Estates Phase 4C as part of the project.
Mountain Vista Estates Phase 4C is a subdivision located in the SE1/4 of the SW1/4, Section 2, T28N R22W, P.M.,
M. (Lots 4-10).
Date
Dateyfp'br—
STATE OF MONTANA
ss
County of Flathead
TOUCHSTONE, LLC
v
On this I k day of AJbUJ2018, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared Phil Neuharth and David J, Walker, known to me to be Members of
Touchstone, LLC, a Montana Limited Liability Company, and the persons who executed the foregoing instrument
on behalf of such limited liability company, and acknowledged to me that said limited liability company executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate last above written.
StR L Ktpj-e AUGUSTA L KICKBUSCH
NOTARY PUBUC for the
% g : State of Martians
Residing at Marion, Montana
of h10'�p My Commission Expires
October 24, 2020
Printed Name i
Notary Public for the State Montana
Residing at
My Commission expires
MCI
&c) \ - '-�)r 0� a Q e- UJ.
1111111111111111111111111111111111111111111111111111111111111111111111111111111111IN Page; I f5110
Paula Robinson, Flathead County MT by DD 8j19J20149:39 AM
DECLARATION OF DESIGN GILTIDELINES9 a
COVENANTS AND
NS FOR
MOUNTAIN
, Y. F�. VISTA ESTATESRl3 ,"-> xDY
PHASE, } xa 'eF
THIS DECLARATION is grade this 7th day of July, 2014, by the undersigned,
TOUCHSTONE, LLC., 135 W. Idaho Street, Suite B, Kalispell, MT 59901.
EREAS, the undersigned is the owner of certain real property known as
Mountain Vista Estates Phase IV according to the recorded plat thereof on file and of
record with the Office of the Clerk and Recorder of Flathead County Montana. Mountain
Vista Estates Phase IVAis a subdivision located in the SW 1/, S2 T28N R22W, P.M.M., to
be part of the Homeowners Association and subject to these guidelines, conditions,
covenants and restrictions as described herein and administered by the DECLARATION
OF HOMEOWNERS ASSOCIATION BY -LAMS OF MOUNTAIN VISTA ESTATES
PUD PHASE IV.
THE HOMEOWNERS ASSOCIATION:
The Homeowners Association shall be responsible for the care and maintenance of the
common properties and each homeowner's use of the common properties will be
governed by such rules as adopted by the Association, Touchstone, LLC shall establish a
checking account on behalf of the Homeowner's Association. For the purposes of
maintaining and caring for these common properties, the Board of Directors may make
reasonable annual assessments to the lot owners and such assessment maybe collected in
a suit subject to the provisions stated below for enforcement of covenants and may
become a lien upon the land by the filing by the Board of Directors a lien which shall
describe the lot, state the amount of the assessment that has not been paid, and when it
was assessed. A lot owner whose lot is subject to such a lien must pay the assessment
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costs before the lien is released. This lien may also be foreclosed in the manner of
foreclosure for mortgages with the prevailing party entitled to attorney's fees.
Common properties as used herein shall include designated parkland. Lot owners are
encouraged to remain active members of this Association. Each lot owner is a member of
the Association by virtue of their acquisition of the lot. Lot assessments may be adjusted
by a majority of lot owners if deemed necessary by the Homeowner's Association
Touchstone, LLC, herein referred to as the Declarant, being the owner of all the
real property known as Mountain Vista Estates Phase 1V, according to the plat thereof on
file and of record in the Office of the Clerk and recorder of Flathead County, Montana,
hereby declares that the said real property is and shall be held, transferred, sold and
conveyed, subject to the design guidelines, conditions, covenants and restrictions
hereafter set forth.
All persons or corporations who shall hereinafter acquire any interest in the
above -described property shall be taken and held to agree and covenant with the owner of
the lots in said subdivision and with their heirs, successors, and assignees, to conform to
and observe the following conditions, covenants and restrictions as to the use thereof and
as to the construction of dwellings and improvements thereon. Each owner is responsible
for complying with and meeting the spirit and intent of the criteria of -the guidelines,
conditions, covenants and restrictions which are designed to provide a uniform plan for
the development of the whole of said subdivision.
1 .Flo lot shall be used except for residential purposes. No building shall be erected,
altered, placed or permitted to remain on any lot other than the one detached single
family dwelling with not less than a two -car garage. However, the foregoing
provisions shall not be interpreted to exclude construction of a private greenhouse,
garden shed, private swimming pool, or shelter facilities, or port for the protection of
such swimming pool, or other recreational facilities, or for the storage of a boat
and/or a camping trailer kept for personal use, provided the location of such structures
are in conformity with the applicable municipal regulations, and are compatible in
design and decoration with the residence constructed on such lot. There shall be no
mobile, manufactured or prefabricated housing.
2. The main floor area of the single family dwelling structure, exclusive of
basement, open or screened porches and attached garages, shall be no less than 1400
square feet for a dwelling of one story or 1500 square feet with 1200 square feet on
the main level for a dwelling of two stories. Split level/multi-level dwellings shall
contain a minimum floor area of 1800 square feet, with all levels, exclusive of garage
area within the dwelling unity, included in computation of footage for such dwellings.
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3. All structures, appurtenances and setbacks shall comply with City of Kalispell R-2
zoning with a PUD overlay. Front, rear and side comer setbacks are 20 feet; side
setbacks are 5 feet. Percent of lot coverage is 40%. Lot coverage is defined as the
total area of a lot covered by the principal and accessory buildings, or structures
including any area occupied by overhangs or roofs and any attachment to a building
or structure, but excluding (a) open decks less than 30 inches in height (measured
from grade to top of the platform); and (b) an eave extending up to two feet from the
exterior wall of the building or structure.
4. Each owner of a lot within the subdivision shall construct a concrete driveway
from street to garage prior to occupancy of the dwelling. Thereafter the owner shall
maintain and repair their driveway. Structures shall be guttered and the runoff water
shall be retained onsite.
5. No noxious or offensive activity shall be carried on upon any lot, nor shall
anything be done thereon which may be or may become an annoyance or nuisance to
the neighborhood, including but not limited to skateboard ramps, in or adjacent to any
of the streets.
6. No structure of a temporary character, trailer, basement, tent, shack, garage, barn
or other outbuilding shall be used on any lot at any time as a residence, either
temporarily or permanently.
7. No sign of any kind shall be displayed to the public view on any lot, except one
professional sign, not more than five square feet, advertising the property for sale or
rent, or signs used by a builder to advertise the property during construction and sale
period. An appropriate entrance sign is excepted here from.
8. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any
lot; other usual household pets may be kept, provided that they are not kept, bred, or
maintained for any commercial purpose, and provided that they are not permitted to
cause damage, constitute a nuisance, or run at large in the neighborhood.
9. No house trailer, camper, boat or trailer of any type shall be stored or parked in the
front yard or driveway portion of any lot, or on any street within the subdivision; such
storage area must be behind the adjacent building line.
10. No building shall be erected, placed, or altered on any lot until the construction
plans and specifications, and a plan showing the location of the structure, have been
approved by the Architectural Control Committee, as defined below, as to quality of
workmanship and materials, harmony of external design with existing structures and
as to location with respect to topography and finish grade elevation. No fence or wall
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shall be erected, placed or altered on any lot nearer to any street than the building
setback line, unless similarly approved.
11. The Architectural Control Committee shall initially consist of two (2) persons
designed by the undersigned ("Initial Committee"). Upon the erection and
completion of family dwellings, intended for separate occupancy and ownership, on
all lots within the subdivision, the Initial Committee shall turn control of the
Architectural Control Committee over to the residents of Mountain Vista Estates
Phase lit PUD, whereupon a majority of the residents shall appoint four (4) members
from within the subdivision. All appointed members from the subdivision shall serve
a one-year term. In the event of death or resignation of any member of the
committee, the remaining members shall have full authority to designate a successor
for the balance of that member's term. The members committee shall not be entitled
to any compensation for services performed pursuant to this covenant. The
committee's approval or disapproval as required in these covenants shall be in
writing. In the event the committee fails to approve or disapprove within 30 days
after plans and specifications have been submitted to it, or in any event, if no suit to
enjoin the construction has been commenced prior to the completion thereof, approval
will not be required and the related covenants shall be deemed to have been fully
complied with. The Architectural Control Committee will approve plans and
placement of house on each lot at their own discretion and will not be responsible or.
liable in any event if, in the course of decisions, a house should block a portion of all
of anther's view, or of any other dispute that may arise from the committee's
decisions.
12. Approved projects must be completed within six (6) months after issuance of a
building permit. Failure to complete work within the prescribed time will cause the
approval to be rescinded and resubmittal will be required. The Architectural Control
Committee may grant an extension under extenuating circumstances brought to its
attention.
13. Regarding the physical structure (i.e. family dwelling and fencing) itself, the
following will apply:
Roof. The roofing shall be composition material, or
better, with a minimum 20-year warranty.
Siding: Siding must be applied over the sheeting of a
framed wall. Any application of vinyl siding shall
be approved by the Architectural Control
Committee (i.e. colors, specifications, etc.). If the
front elevation is gabled, the gable siding must
contrast with the body siding.
4
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Fencing: All fencing shall conform to City standards
regarding height.
Painting: All house colors must be approved by the
Architectural Control Committee.
14. Trees and shrubs or landscaping of any kind will be kept neat and orderly. The
front yard landscaping of each lot must be completed within four (4) months from the
date of completion of a family dwelling structure constructed thereon or prior to
occupancy, whichever event shall first occur. In the event of undue hardship due to
weather conditions, this provision may be extended upon written request to the
Architectural Control Committee.
15. All vacant lots and lots with partially constructed improvements shall be kept
clear of any construction debris. Needs and grass shall be kept mowed and not
allowed to grow to a height of more than six (10) inches. No trash, garbage or lawn
clippings/yard waste shall be placed at any time within the homeowners park areas.
16. Annexation and Conversion
16.1 Annexation by Declarant.
At any time from time to time until the 'Transition Date; Declarant may, in its
discretion without the assent of the Board, Owners or Mortgagees, cause any real
property not already part of the Project to be annexed to the then existing Project and
thereby subjected to this Declaration as part of the Project. Such annexation shall be
accomplished by recording an amendment to this Declaration in accordance with the
provisions of Section 16.3. Lots within property annexed to the Project pursuant to
this Section shall be owned by Declarant.
16.2 Non -Declarant Annexations.
Annexation of additional properties (other than Declarant annexations provided
for in Section 16.1 hereof} shall require the assent of two-thirds (2/3) of the Members
of the Association attending a meeting duly called for this purpose, written notice of
which shall be sent to all Members not less than thirty (30) days or more than sixty
(60) days in advance of the meeting setting forth the purpose of the meeting. At this
meeting the presence of Members or of proxies entitled to cast sixty percent (60%) of
the votes shall constitute a quorum. If the required quorum is not forthcoming at any
meeting, another meeting may be called subject to the notice requirement set forth
above and the required quorum at such subsequent meeting shall be one-half (1/2) of
the required quorum of the preceding meeting. No such subsequent meeting shall be
held more than sixty (60) days following the preceding meeting. 1n the event two-
thirds (2/3) of the Members are not present in person or by proxy, Members not
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present may give their written consent to the action taken thereat. Until the
Transition Date, annexation of additional properties under this Section shall also
require the prior written approval of the Declarant. Annexation of additional
properties under this Section shall be accomplished by recording an amendment to
this Declaration in accordance with the provisions of Section 16.3.
16.3. Declaration Amendment.
To make effective any annexation pursuant to this Section 16, the Declarant (or
the Association acting pursuant to Section 16.2) shall execute and record an
amendment to this Declaration describing the real property to be annexed (the
"Annexed Property") and stating that such Annexed Property shall be annexed to and
made a part of the Project. Such amendment shall identify Common Areas within the
Annexed Property, and may include covenants, conditions and restrictions affecting
such Common Areas and the use and maintenance thereof Such covenants,
conditions and restrictions shall be operative as a set of covenants running with the
land as provided in Section 1.2. From and after the recording of such amendment, all
property (including all lots, Common Areas, and all homes and other improvements
constructed thereon) with the Annexed Property as well as within the Project existing
prior to such amendment shall constitute a single Project pursuant to the provisions of
this Declaration.
16.4 Common Areas Within Annexed Property.
Common Areas within property subsequently annexed to the Project shall be
available for the common use of all Owners of lots within such subsequently
Annexed Property as well as within the Project existing prior to such annexation.
Likewise, Common Areas within the Project existing prior to such annexation shall
be available for the common use of all Owners of lots within the Project including the
property annexed thereto.
16.5 Conversion of Lots to Common Areas.
Declarant reserves the right to amend this Declaration and the Plat Maps, from
time to time until the Transition Date, for the purpose of converting to Common Area
any lots or portions thereof which have not yet been improved with homes. Such
amendment shall not require the consent of any person other than the Owner(s) and
Mortgagee(s) of the property to be converted.
16.6 Adjustment of Voting and Common Expense Percentages.
In the event of the annexation of property to the Project, the conversion of lots to
Common Areas or the conversion of Common Areas to lots, the voting rights and
common expense percentages shall be adjusted accordingly.
6
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17. Property Not Part of the Project.
.Declarant has provided in this Declaration a legal description of the Property in
order to give record notice to all persons dealing with the property that Declarant has
the right, but not the obligation, pursuant to Section 16, to annex to and make a part
of the Project all or any portion of the Property not already part of the Project.
Declarant, upon Declarant's sole signature without the assent of the Board, Owners or
Mortgagees, and as an attorney -in -fact for the Association and all Owners with an
irrevocable power coupled with an interest, may from time to time at any time before
or after the Transition Date, file amendments to this Declaration for the purpose of (a)
adding to the Property any real property (and improvements thereto) not already
described in this Declaration; or (b) removing from the Property (including any
additions thereto) all or any portion of the Property not then part of the Project.
17.1 Declarant Powers.
Declarant, upon Declarant's sole signature without the asset of the Board or
Owners, and as an attorney -in -fact for the Association and all Owners with an
irrevocable power coupled with an interest, may at any time until the Transition Date,
file such amendments to this Declaration and the Plat Map as are necessary.
17.2 Amendments Affecting Special Rights.
Except as otherwise provided herein, any amendment to this Declaration which
would affect a right, power, duty or obligation which is exclusively granted to or
imposed upon a specific person or class shall require the consent of the person or
seventy-five percent (75%) of the members of that class. As used herein, the term
"person or class" means the Declarant, Owners or institutional first Mortgagees.
17.3 Fencing.
Fences may only be placed along the rear property line and from the front
building line to the rear lot line. Under no circumstances may fences obstruct the
view from any other lot, and they must be constructed of wood, masonry product that
is approved by the ACC, or other material approved by the ACC. Chain link fences
are not allowed, nor are fences that are in front of the house and which run in a
direction that is more or less parallel to the front of the residence. Hedges or other
solid screen planting may be used as lot line barriers, subject to the same height
restrictions as fences. Fences may not exceed six feet (6') in height where the fence
is behind (i.e. away from the street that fronts the lot) the front of the residence. Side
fences which are in the area between the front of the residence and the front lot line
shall not exceed four feet (4') in height.
17.4 Games and Play Structures.
Into platform, dog house, playhouse or structure of a similar kind or nature shall be
constructed on any lot located in front of the front line of the residence constructed
thereon.
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17.5 Garages.
Every home must have a garage which holds at least two full-size cars, pickups,
boats, recreational vehicles or other motor vehicles ("Vehicles"). All vehicles must be
stored in garages or in a manner which the Board reasonably determines is not
offensive when viewed from the street or from the ground level of adjacent lots. An
attached garage cannot extend toward the street the residence primarily faces by more
than four feet (4'). A detached garage is permissible provided that such detached
garage does not extend beyond the front of the residence.
17.6 No Business Use.
No business of any kind shall be conducted on any lot or home with the exception
of (a) the business of creating, improving and selling the lots and homes located in the
Project, and (b) uses otherwise permitted by Section 17.2. No materials, supplies or
equipment used by a business shall be stored on any lot or home within the view of
another lot or home, except for items relating to an improvement which is under
construction in conformance with this Declaration. Nothing in this section shall be
construed so as to prevent or prohibit an Owner from maintaining his or her
professional personal library, keeping his or her personal business or professional
records or accounts, handling his or her personal business or professional telephone
calls, or conferring with business or professional associates in such Owner's home.
17.7 Parking.
Unless substantially screened from view from the street or from the ground level
of adjacent lots in a manner reasonably approved by the ARC, no disabled vehicles,
recreational vehicles, commercial vehicles, construction or like equipment, or trailers
(utility, boat, camping, horse or otherwise) shall be allowed to be parked or stored on
any rights -of -ways, setback areas or street. If parked on rear or side yards, vehicles
must be adequately screened with at least a six-foot solid fence and otherwise in
compliance with the regulations of the ARC. The Board shall have full authority to
determine if any vehicle is obnoxious or undesirable to other lot Owners and take
appropriate steps to correct such a violation of this covenant.
18. Special Declarant Rights.
Notwithstanding anything in this Declaration or in the Articles, By-laws or rules
and regulations to the contrary, Declarant reserves unto itself and to its managing
agent the right (but not the obligation) to exercise any or all of the following rights
and powers ("Special Declarant Rights") at any time from time to time until the
Transition Date without the assent of the Board or Owners:
(a) any or all of the rights and powers otherwise permitted to the Association (or
the Board on behalf of or acting for the Association) under this Declaration-.
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(b) the right to approve or disapprove the exercise by the Association (or by the
Board on behalf of or acting for the Association) of any such right or power;
(c) the right to require the Association, upon request by Declarant, to enter into
any contract, lease, agreement or other undertaking proposed by the Declarant prior to
the Transition Date (or to accept the assignment and assumption thereof if entered
into by Declarant prior to the Transition Date) in the exercise of the Special Declarant
Rights reserved under subparagraph (a) or (b) above, on such terms as may be
determined in good faith by Declarant; provided, however, subparagraph (c) shall not
apply to (i) any management or employment contract having a term continuing after
the Transition Date; (ii) any contract or lease between the Declarant and an affiliate of
a Declarant or any lease of Common Area, except on terms which are commercially
reasonable; or (iii) any contract or lease that is not bona fide or was unconscionable to
the Owners at the time entered into under the circumstances then prevailing;
(d) any other right expressly reserved to the Declarant (or Declarant's managing
agent) hereunder which, by its terms, must be exercised, if at all, by the Transition
Date, including but not limited to Declarant's right under Section 16 to annex
property to the Project, to convert lots to Common Area, or (subject to any necessary
approval under that section) to convert Common Area to lots.
Until the Transition Date, the Board shall provide to the Declarant reasonable
notice not less than thirty (30) days before the Association or Board takes or commits
to take any action which is subject to Declarant's right of approval or disapproval
under subparagraph (b) above. No action disapproved by the Declarant (or by
Declarant's managing agent) under this Section will be taken. Any action taken or
committed to be taken by the Association or Board in violation of the provisions of
this Section shall, at the option of Declarant, be deemed null and void. Nothing
herein shall diminish the responsibility of the Association and the Board to take such
action (not disapproved as provided herein) as shall be reasonably required of them in
furtherance of the intent and purposes of this Declaration.
Declarant may, from time to time, elect by written notice to all Owners to
relinquish any or all Special Declarant Rights. The Transition Date, if it has not
already occurred, will occur upon Declarant's election to permanently relinquish all
Special Declarant Rights. The relinquishment of Special Declarant Rights by
Declarant pursuant to this paragraph shall not affect rights and entitlements of
Declarant in its capacity as the Owner of any lot or home or otherwise available to
Declarant under this Declaration or applicable law.
Declarant, by reserving or exercising Special Declarant Rights or any other rights
under this Declaration; does not assume the primary authority of the Board to manage
the affairs of the Association. Nor does this Declaration impose any obligation on
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Declarant to exercise such rights on behalf of the Association or the Board. The
reservation or rights by Declarant is an exception to Declarant's grant of rights and
power to the Association (and to the Board on behalf of the Association) to
administer, manage and control the Project. Neither the exercise of, nor the failure to
exercise, any Special Declarant Rights or other rights available to Declarant (or to
Declarant's managing agent) shall be construed as a waiver or a relinquishment of
such rights for the future. No waiver of any such rights shall be deemed to have been
made by Declarant (or Declarant's managing agent) unless expressed in writing and
signed by the Declarant.
19. Waiver of Homestead.
Each Owner hereby waives to the extent of any liens created pursuant to this
Section, the benefit of any homestead or exemption law in effect at the time any
assessment or installment thereof becomes delinquent or any lien is imposed pursuant
to the terms hereof.
20. Continuing Liability for Assessments.
No Owner may exempt himself/herself from liability for his/her assessments by
abandonment of his/her home or lot.
21. No lot shall be used or maintained as a dumping ground. Rubbish, trash, garbage
or other waste shall not be kept except in sanitary containers, pending collection and
removal. All incinerators or other equipment for the temporary storage of material
shall be kept in a clean and sanitary condition.
22. These covenants are to run with the land and shall be binding on all parties and
all persons claiming under them for a period of thirty (30) years from the date these
covenants are recorded, after which time said covenants shall be automatically
extended for successive periods of ten (10) years. In the event that it appears to the
advantage of this platted subdivision that these restrictions should be modified, then
and in that event, any modification desired may be made by affirmative vote of 80%
of the then owners of lots within this subdivision and evidence by suitable instrument
filed for public record; or if such event occurs during the development period, such
modifications or waiver of non -conformity may be evidenced by special permission
granted in writing by the undersigned or its successor interest.
23. Enforcement shall be by proceeding at law or in equity against any person or
persons violating or attempting to violate any covenant, either to restrain violation, or
to recover damages. Invalidation of any one of these covenants by judgment or court
order shall in no way affect any of the other provisions, which shall remain in full
force and effect.
10
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TOUCHSTONE, LLC
Date: 7/-7/./t:j By.
Date:
By:
: ss
County of Flathead
On this —7th day Of —July_, 2014, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared Phil
Neuharth and David J. Walker, known to me to be Members of Touchstone, LLC, a
Montana Limited Liability Company, and the persons who executed the foregoing
instrument on behalf of such limited liability company, and acknowledged to me that said
limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate last above written.
_D44AIA10 0,4--7-6-FDA H
Printed Name
Notary Public for the State of Montana
Residing at Kalispell, MT
My Commission expires: lzol'4
Plat Room
Flathead County, Montana
OOO8.Main St,
Kalispell, yWT5Q9O1
This Form iSfor Subdivisions Only
BYMARQUAROT
FOR: TOU[|HST(}NELLC DATE: 3/20/10
DESCP� MOUNTAIN VISTA EST. PH. 4C PURPOSE- SUB,
(T[ 1BFAiD 2-28-22)
YEARS ASSESSOR#
|hereby certify that there are Oooutstanding taxes DDthe propertv
assigned the assessor OU[DberSlisted above, for the years iDdi ' for
each assessor number. '
&p
IFa
EW; M-
CONSENT TO PLATTING
Pursuant to Section 76-3-612, MCA, the undersigned, VALLEY BANK OF
KALISPELL, Beneficiaries as recorded, December 18, 2017, instrument No. 2017-000-30779 ,
hereby consent to platting and dedication of land included in the plat of Mountain Vista Estates
Phase 4C.
IN FITNESS WHEREOF, said parties have caused their names to be subscribed thereto,
on this day of., 2008.
Valley Bank of Kalispell
Title:.
STATE OF MONTANA )
: ss.
County of Flathead
This instrument was acknowledged before me on 1201
by je,,e"6*,1t
—, d Valley Bank of Kalispell.
VIA o DEANNA BOLES
NOTARY PUBLIC for dle;�A
Q State of Montana Pr nted Name
SEAL Residing at Kalispell, M "t"Matary Public for the State of
9TFOFM����
my Commission Expires jef
August 12, 202o R(siding at
—=y ColTu-nission expires
May 30, 2018
Donna Pridmore
Marquardt Surveying
201 3'd Ave West
Kalispell, MT 59901
RE: Mountain Vista Estates — Phase 4C
Dear Ms. Pridmore:
The purpose of this letter is to acknowledge proper easements for City of Kalispell utilities are
shown on the Final Plat titled, "MOUNTAIN VISTA ESTATES PHASE 4C". This approval of
easements is for Phase 4C. Any changes to approved plans requiring modification to easement
locations as shown on the plat nullifies this approval and may require modification to the plat.
Sincerely,
4
Keith H"kWinns, E
Senior Civil Engineer
406-758-7727
201 P AvenueEast, P.D. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 — Fay (406) 758-7831
wwm kalispell. caul
rim
Public If or•ks Depar-trne» t MONTA NA
201 Il Aver:ue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 — Fax (406) 758-7831
r wmkalisnell.cout
Charity Zemke
W GM Group
431 1" Avenue West
Kalispell, MT 59901
June 6, 2018
Re: Mountain Vista Phase 4C
Dear Charity,
Our office is in receipt of the Record Drawings and engineering certification sent May 31, 2018.
The Public Works Department herewith accepts the construction of the subdivision
improvements.
Thank you for your help in bringing this project to completion.
Professionally,
Mark Crowley
Constriction Manager
Cc: Jarod Nygren
Montana Department of
EN VIRONNIEYTAL QUAUTY Steve Bullock, Governor
Tracy Stone -Manning, Director
P. 0. Box 200901 - Helena, NIT 59620-0901 - (406) 444-2_544 'Website: www.deq.mt.gov
June 10, 2014
Brent Foley
48 North PC
151 Business Center Loop Suite A
Kalispell, IVIT 599901
RE: Mountain Vista Estates Phase 4
Municipal Facilities Exclusion
EQ414-1816
City of Kalispell
Flathead County
Dear Mr Foley-,
This is to certify that the information and fees received by the Department of Environmental Quality relating to
I
this subdivision are in compliance with 764-127, INICA and ARM 17.36.602. Under 76-4-125(22)(d). MCA, this
subdivision is not subject to review, and the plat can be filed with the county, clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed f76-4-111 (3). MCA). Construction of water or sewer extensions prior to DEQ,
Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6
and Title 76, Chapter 4.
Sincerely,
JJanet Skaarland
Compliance Specialist
Subdivision Section
(4061) 444-1801 — email iskqarlqndi2mt.gov
cc: City Engineer
Count'v. Sanitarian
lile
Enforcement DMsion - Pernfitti it -4 & COMPHIMCC DiNTA011 - PhInfliII9, PFONLn I ioll & ASSNtauve Division . Remediation Division
July 7,2014
Touchstone LLC.
Attn: Phil Neuharth
1289 North Meridian Road
Kalispell, MT 59901
Phone: 406-755-6789
Re: Mountain Vista Subdivision, Phase IV
Dear Phil:
n
This letter is to serve as approval of the landscape design and park improvements for Mountain.
Vista Phase IVa. The parks department conditions to this phase are:
1, 8 trees in the boulevards in this phase based of the preliminary plat map Trees need to
be planted to City, ANSI and ISA standards (Ordinance 1086). -
2. Boulevards need to be graded to sidewalk and curb levels and then seeded or sodded.
3. Installation of 4 commercial grade benches along the linear homeowner's park. e
benches need to be 4 foot long and made e in eO Th
from either metal Or composite materials to
prevent decay. Locations can be determined with a walk through prior to installation
with the developer and the Parks Department.
4, 3 interpretive signs depicting animals that find refuge or their habitat along this linear
park- corridor.
If you wish to use our developer's agreement for tree plantings like in previous phases of your
subdivision, please feel free to contact Lisa Simmer C[simmer@jali
information.
Z9fl—.co-m) for more
Sincerely,
Chad Pincher, Parks and Recreation Director
Kalispell Parks and Recreation
CC: Planning Department
0
306 !"-A-venue East, PA EOX 1997, KfflisPell, "1 59903 -Phone (-406)758-7719 Fax (406)75X-2719
wwwJalftell.co7n
09UNITE") ST/IT S
- PPS" 11L SEf,'OCE
7I2/2014
Touchtone LLC,
The Kalispell Post Office agrees to deliver mail to a never centralized mail box containing 19 new
deliveries in Mountain View Estates Phase 44 The new emit will be placed on Jackson Peak next to
existing units. Any questions on this matter Tease contact me at 406-755-6450.
Phil Flores
Supervisor CS
CERTIFICATE OF SUBSTANTIAL COMPLETION
DATE OF ISSUANCE: A
OWNER Touohatnm T T r
CONTRACTOR
Gontract:.Mourf_ LainVksf #s,�'haso Uwl
Project: Molzntain G'iq ates 1 to fart C
OWNEW-g Contract lwlo. ENGINEERrs Project No,
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the followi specified parts thereof: ng
Contract documents were strictly between the Owner and Contractor. WOM Group has no knowledge of the
Conditions within the Agreement or the Contract Documents included within the Agreement between the Owner and
Contractor.
Touchstone. LLC
OWNER
And To —_ -- Sandry Cons oti Inc=�--.—__._.._...__.,..�
CONTRAC' r6
The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,
CONTRACTOR and 1 <NGMEER, and that Work is hereby declared to be substantially complete in accordance with
the Contract Documents on
DATE OF SUBSTANITAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, nd the
failure to include an item in it does not alter the responsibility of CONan
T,tZACTt)R to complete all #lie Workin
accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by
CONTRACTOR within 10 —_days of the above date of Substantial Completion.
EJCDC No. 1910-9-D (1996 Edition)
Plgamd by tha Bnginecrs' joint Co.rtract occurnonts Committee And cndoracd by Associated General Can tnafitule. c?nrs ;raof Amer ca and §Ac Cnnsfruet en Specifications
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties and guarantees shall be as follows:
OWNER:
CONTRACTOR; As �,10110 kirlw �Cr'Con�trq-c—tor Agr_egnient
The following documents are attached to and made a part of this Certificate:
This certifleRte does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance With
the Contract documents.
Executed by ENGINEER on __P§L3-1-/2Ql8
Date�
WQM —0-rml-0
ENGUINEVEER
By:
t'Audivorlzud Signatlirc)'
CONTRACTOR accepts this Certificate of Substantial Completion on
Send
By:
Date
nistMtkaInc,
N'TV(Autho 'zed
OWNER accepts this Certificate of Substantial Completion on Z.
Tougliatone LLC Date
OWNER
,I
L.('Authorizcd Signaturc)