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Staff Report/Final Plat, Phase 4City of Kalispell Planning Department 17 - 2n`1 Street East, Suite 211, .Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplantfing.com REPORT TO: Kalispell Mayor and City Council FROM: Narda Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Final Plat for Empire Estates Subdivision Phase 4 MEETING DATE: September 6, 2005 BACKGROUND: This is a request for final plat approval of Empire Estates, Phase 4 that plats 49 single-family lots and 68 sublots for a total of 117 lots on approximately 18.815 acres. This subdivision is located on the east side of Stillwater Road north of Three Mile Drive. As required a minimum of two thirds of the required infrastructure has been constructed in accordance with City standards with the remaining improvements being addressed with a subdivision improvements agreement and a letter of credit in the amount of 125 percent of the remaining improvements or $415,831. It is anticipated that the improvements remaining will be completed by May of 2006 in accordance with the agreement. As part of the platting of Phase 1 of Empire Estates, an approximately 1.75 acre park was dedicated to the City of Kalispell. Additionally, cash in lieu of parkland in the amount of $41,520 was also required. As the subsequent phases of the subdivision were platted, cash in lieu of parkland was paid at a pro-rata cost. The final payment for parkland was submitted with this phase of the subdivision in the amount of $16,920. These parkland monies have been used for improvements to the park located in Phase 1 which are currently underway, but not completed. When the property was annexed into the city and given an R-4, Two Family Residential zoning designation, the subdivision was given preliminary plat approval by the Kalispell City Council on July 7, 2003 subject to conditions. Subsequent to that the developers filed an amended plat for Phases 4 through 6 of Empire Estates converting some of the single family lots to two unit townhouse lots. Rather than coining in as phases 4, 5 and 6; this final plat is Phase 4 that includes all of those phases. The amended preliminary plat was approved by the Kalispell City Council on June 20, 2005 subject to essentially the same conditions as the original plat with some minor amendments. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat for Empire Estates Subdivision Phase 4 would be in order. Empire Estates Phase 4 Final Plat August 31, 2005 Page 2 FISCAL EFFECTS: Potential positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Narda A. Wilson mes H. atrick Senior Planner City Manager Report compiled: August 31, 2005 Attachments: Letter of transmittal Vicinity map Final plat Final plat application and supporting documents REPORTS/KALISPELL/2005/KFP/KFP-05-13 MEMO N SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 25 day of August, 2005, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Wa ne E. Turner , (Name of Developer) a Individual (individual, Company or Corporation) located at 3300 Hwy 2 West Kalispell Flathead County, Montana, 59901 , (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Empire Estates- Phase 4 (Name of Subdivision) located at Section 1 Township 28 North Range 22 West P.M.,M., Flathead Count (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Empire Estates- Phase 4 , upon the conditions as set forth in the Preliminary Plat of the (Name of Subdivision) Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a sub -divider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 322,665. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 415,831 Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 415.831 the estimated cost of completing the required improvements in Empire Estates Phase 4 (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by May 1, 2006 . 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; and, c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; £ All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Em ire Estates —Phase 4 (Name of Subdivision/Developer/Firm) b r Developer Wa e E. Turner (Title) STATE OF MONTANA COUNTY OF FLATHEAD On this day of , 20--105 , before me, a Notary Public for the State of Montana, personally appea ed Wayne_ E.Turner , known to me to be the Develo er of Empire Estates , whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and y9pr first above ritt CHERIE A. EDWARDS Notary Public for the State of Montana -- -- �p'TARjt�o NOTARY Pt46LIG—MONTANA t Residing at ,_ SEAL Residing at Big€u, N[antana My Commission xpires _.:, MAYOR, CITY OF KALISPELL ATTEST: uI�[IN FINANCE DIRECTOR EXHIBIT B EMPIRE ESTATES PHASE 4 PROJECT CONSTRUCTION COSTS PAID FOR AND/OR TO BE COMPLETION IMPROVEMENTS COMPLETED COMPLETED DATE Sub -Grade Excavation $ 34,600 Road Base $ 71,200 $ 1,000 %Crushed Gravel $ 0 $ 33,500 5/l/06 Curb/Gutter $ 0 $ 56,000 5/l/06 "Water $ 118,250 $ 1,000 Sewer $ 116,340 $ 1,000 Telephone $ 18,712 Power $ 71,656 Conduit $ 78,650 Gas $ 12,520 Materials (Pipe, catchbasins, $ 184,500 and appurtenances) Misc. $ 67,200 Landscaping/Bike Path $ 3,010 $ 33,275 5/l/06 Paving $ 0 $ 86,240 5/l/06 Sidewalks $ 0 $110,250 Signs $ €1 $ 400 5/l/06 TOTAL $ 776,747 SUMMARY Completed To Date $ 776,747 To Be Completed $ 332,665 Total Project Cost $1,099,412 Percent Completed = 70,65% Total Collateral Required = 125% of $332,665 = $415,831 $ 322,665 rt(5��,®rye gi c�'R�A9xSf9$,^ August 24, 2005 Irrevocable Letter of Credit No. 107 Wayne E. Turner Peggy B. Turner 3300 Hwy 2 West Kalispell, MT 59901 City of Kalispell 312 1"Ave E Kalispell, MT 59901 We hereby establish this irreyacable Letter` of Credit in your favor for one or more drawings up to Unitedats415,83:(: ` This Letter. of Credit is payable at the West One Bank office at 222` Tcli o, Kalis iel lt�iT,59901; and expires with our close of business on August 24, 20. Each draft so drawn must be..marke "I).ravm.unde `West'One Bank, 222 W. Idaho, Kalispell, MT 59901, Lei €�fCreditNumber#107 and accompanied by signed statements of the Kalispell `Cit-y Attorney that:.W yr e`E & Peggy B. Turner have failed to honor their contractual agree rieni with the City of Kalispell. This letter of credit shall reduce proportionally with the water, sewer, utility and road improvements completed on the Empire Estates Subdivision. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored if drawn and presented for payment to our office, West One Bank, 222 W. Idaho, Kalispell, MT 59901. Sincerely, West � BY: Print Name: Rod Leese Its: President City of Kalispell Planning Department 17 - 2"d Street Bast. Suite 21.1, Kalispell, Montana 59901. Telephone: (406) 751-1850 Fax: (406) 751-1.858 Website: kalispellplanning.com August 31, 2004 Mr. James Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Empire Estates, Phase 4 Dear Jinn: Our office has received an application from Wayne and Hubert Turner for final plat approval of Empire Estates, Phase 4 that plats 49 single-family lots and 68 sublots for a total of 117 lots on approximately 18.815 acres. This subdivision is located on the east side of Stillwater Road north of Three Mile Drive. As required a minimum of two thirds of the required infrastructure has been constructed in accordance with City standards with the remaining improvements being addressed with a subdivision improvements agreement and a letter of credit in the amount of 125 percent of the remaining improvements or $415,831. It is anticipated that the improvements remaining will be completed by May of 2006 in accordance with the agreement. The final cash in lieu of parkland payment in the amount of $16,920 has been paid with this plat that will be used for park improvements in the 1.75 acre park dedicated in Phase 1. When the property was annexed into the city and given an R-4, Two Family Residential zoning designation, the subdivision was given preliminary plat approval by the Kalispell City Council on July 7, 2003 subject to conditions. Subsequent to that the developers filed an amended plat for Phases 4 through 6 of Empire Estates converting some of the single family lots to two unit townhouse lots. The amended preliminary plat was approved by the Kalispell City Council on June 20, 2005 subject to essentially the same conditions as the original plat with some minor amendments. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. Empire Estates Phase 4 Final Plat August 31, 2005 Page 2 This condition has been met. The subdivision is in substantial compliance with the approved preliminary plat. Condition 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local streets. • This condition has been met. A certification from WMW Engineering dated 8/25/05 has been submitted with the final plat. Condition 3. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. This condition has been met. A letter from the Kalispell Public Works Department dated 6 / 1 / 04 approving the construction plans for the project has been submitted with the final plat. Condition 4. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. This condition has been adequately addressed. A letter from WMW Engineering dated 8/25/05 certifying the improvements have been installed in accordance with the approved plans and specifications has been submitted with the final plat along with a subdivision improvements agreement to cover the remaining improvements. A letter from the Kalispell Public Works Department dated 8 / 31 / 05 approving the improvements to date has been :included herewith. Condition S. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation Director. This condition has been adequately addressed. A letter dated 8/ 15/05 approving the landscape plan has been submitted with the final plat. The cost of the improvements has been included in the subdivision improvements agreement. Condition 6. A storm water drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. This condition has been met. A letter from. the Kalispell Public Works Department dated 6 / 1 / 05 has been submitted with the final plat. Empire Estates Phase 4 Final flat August 31, 2005 Page 3 Condition 7. That a developer funded traffic analysis be performed that assesses the impacts to all of the transportation systems in the immediate area under multiple jurisdictions with a single study done under the Montana Department of Transportations systems impact process through the Helena headquarters office. This would be a comprehensive review including, but not necessarily limited to system capacity, signal warrants and access issues for Three Mile Drive, Stillwater Road, the Bypass along with a review of impacts on Meridian Road and other local routes. All City policies and ordinances shall be met through this process. This condition has been met. A traffic impact analysis performed by Peccia and Associates was submitted with the final plat along with a letter from MDOT dated 1 / 13/04 addressed to Jim Hansz, City of Kalispell Public Works Director. The letter from MDOT prohibits access to the Kalispell Bypass, Some remaining improvements will be required when the last phase, referred to as Phase 4 in the traffic analysis, is completed that would include a deceleration lane from Three Mile Drive onto North Riding Road and some striping and speed signs on Stillwater Road. See letter from Public Works dated 6 / 1 /04 attached and the attached recommendations from the traffic analysis. Condition S. That the developer obtain a letter from the Flathead County Road Department approving the new intersections with Stillwater Road and the new internal subdivision roads and shall include a post construction inspection that certifies any necessary improvements have been made. This condition was met during previously platted phases of the subdivision and no improvements to the intersections are required with this phase. Condition 9. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and Stillwater Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of a landscape berm or other acceptable landscaping. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department and Flathead County. This condition has been adequately addressed. The required buffer has been indicated on the final plat and the remaining required improvements have been included in the subdivision improvements agreement, Condition 10. The road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. This condition has been adequately addressed. The road signs have been included in the subdivision improvements agreement. Condition 11. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. Empire Estates Phase 4 Final Plat August 31, 2005 Page 4 This condition has been met. A letter from the USPS has been submitted with the final plat and the mailboxes are in place at the southern entrance to the subdivision off of Three Mile Drive. Condition 12. That the parkland dedication requirements shall be one -ninth or 11 percent of the area in lots or 4.516 acres. The 1.748 park area as indicated on the plat will meet that requirement in part. The remaining 2.768 acres shall be addressed through cash in lieu of parkland in the amount of $15,000 per acre or $41,520 which shall be used for development of the park area coordinated through the Kalispell Parks and Recreation Department. This condition has been met. The final payment for cash in lieu of parkland has been submitted with this phase. The cash in lieu of parkland monies submitted for this subdivision have been used for improvements to the 1.75 acre park that was dedicated to the City with the platting of Phase 1. Those improvements are currently underway, but not completed. Condition 13. A maintenance agreement for the park and common areas shall be included with the final plat. This condition has been met. Maintenance of the common areas has been included with the homeowners association's bylaws. Condition 14. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. This condition has been adequately addressed. Street lighting has been included in the subdivision improvements agreement. Condition 15. That the lots within the subdivision be reconfigured so that all lots meet the minimum 50-foot lot width requirements of the R-4 zoning district and the minimum lot size requirements of 6,000 square feet exclusive of any easements. This condition has been met. The lots in the subdivision comply with the R-4 zoning for the property and the amended preliminary plat that was approved. Condition 16. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an addition three-year extension shall be automatically granted for subsequent phases. This condition has been met. Two thirds of the improvements have been completed with the remaining one third, primarily the road sub -base, paving, curb, gutter, sidewalks and landscaping has been included in the subdivision improvements agreement. Empire Estates Phase 41'ittal Plat August 31, 2005 Page 5 Condition 17. Mitigation of traffic impacts must be addressed by the developer in accordance with MDOT requirements. This condition has been adequately addressed. Some remaining improvements will be required when the last phase in the northeast corner of the subdivision, referred to as Phase 4 in the traffic analysis, is completed that would include a deceleration lane from Three Mile Drive onto North Riding Road and some striping and speed signs on Stillwater Road. See letter from Public Works dated 6/ l / 04 attached and the attached recommendations from the traffic analysis. Condition 18. A note shall be placed on the face of the final plat that the lots not designated as townhouses be developed as single family residential. • This condition has been met. The required note has been placed on the face of the final plat. Condition 19. All areas disturbed during development of the subdivision shall be re - vegetated with a weed -free mix immediately after development. • This condition has been adequately addressed. The revegetation of the disturbed areas has been included in the subdivision improvements agreement. Condition 20. That preliminary approval shall be valid for a period of three years from the date of approval. This condition has been met. The final plat for Phase 4 has been submitted prior to the expiration of the preliminary plat. COMPLL43CE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the amended preliminary plat which was reviewed and approved by the City Council on June 20, 2005. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the R-4, Two Family Residential, zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. Empire Estates Phase 4 Final Plat August 31, 2005 Page 6 MC©Mi WNDATION: All of the conditions of preliminary plat approval have been met or otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for Empire Estates Subdivision, Phase 4 Please schedule this matter for the regular city council meeting of August 31, 2005. Sincerely, Narda A. Wilson Senior Planner NW/ Attachments: Vicinity reap Reduced plat showing subdivision 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from Turners dated 8/25/05 Final plat application no date Ltr from MDEQ dated 10/7/03 Ltr from Public works dated 6/ 1 /04 Ltr from Fire Department dated 8/23/05 Ltr from Kalispell Parks and Rec dated 8/ 15/05 Ltr from LISPS no date Treasurer's certification dated 8/ 10/05 Title report dated 8/3/05 Ltr from WMW Engineering dated 8/25/05 Subdivision improvements agreement no date Letter of credit for $415,831 from West One Bank dated 8/24/05 Utility documentation Cash in lieu of parkland check for $16,920 Cc/w att Theresa White, City Clerk Hubert 8s Wayne Turner, 3300 Highway 2, West, Kalispell, MT 59901 August 25, 2005 Narda Wilson, Senior Planner Tri-City Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Empire Estates Phase 3 Dear Narda: Attached please find the materials required for the review of Empire Estates, Phase 2 final plat. This was granted preliminary plat approval on July 7, 2003 and will expire on June 7, 2007. The following is the list of Conditions of Subdivision Approval and how each Condition was met. 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. The final plat submitted for Phase 4 is in substantial compliance with the approved preliminary plat. 2. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and construction Standards for the City of Kalispell for local streets. Please refer to the attached letters from WMW Engineering and the City of Kalispell, Department of Public Works. 3. That a letter be obtained from the Kalispell Public Works Department approving the plans and specifications for water, sewer and drainage facilities for the subdivision. Please refer to the attached letter from Kalispell Public Works Department. 4. A letter from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. Please refer to the attached letters from WMW Engineering and Kalispell Public Works Department. 5. Development of the landscape boulevard with location of street trees shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation director. Please refer to the attached letter from Mike Baker, Director of Kalispell Parks and Recreation, 6. A storm water drainage plan which has been designed by an engineer licensed in the State of Mgptana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. Refer to letters from the Kalispell Public Works Department and the Department of Environmental Quality. 7. That the developer -funded traffic analysis be performed that assesses the impacts to all of the transportation systems in the immediate area under multiple jurisdictions with a single study done under the Montana Department of Transportation's systems impact process through the Helena headquarters office. This would be a comprehensive review including but not necessarily limited to system capacity, signal warrants and access issues for Three Mile Drive, Stillwater Road, the Bypass along with a review of impacts on Meridian Road and other local routes. All City policies and ordinances shall be met through this process. Please note that a copy of the traffic study was submitted with the final plat application for Phase 1 of Empire Estates. Please find enclosed copies of the recommendations of the traffic study and a letter from the City of Kalispell Public Works. 8. That the developer obtain a letter from the Flathead County Road Department approving the new intersections with Stillwater Road and the new internal subdivision roads and shall include a post construction inspection that certifies any necessary improvements have been made. There are no new approaches to Stillwater Road required for Phase 4. 9. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and Stillwater Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of a landscape berm or other acceptable landscaping. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department and Flathead County. This land has been set aside; please reference the face of the final plat. Construction of bike trail is included within the landscaping monies of the SIA. 10. 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 lire Department. The roads have been named and signed accordingly. 11. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. Please see the attached letter from Eldon Marvel, the Manager of Customer Services of the Flathead Station, LISPS. Please also not that the required mail boxes for phase 4 have been installed. 12. That the parkland dedication requirements shall be one -ninth or 11 percent of the area in lots or 4.516 acres. The 1.748 park area as indicated on the plat will meet that requirement in part. The remaining 2.768 acres shall be addressed through cash -in -lieu of parkland in the amount of $15,000 per acre or $41,520 which shall be used for development of the park area coordinated through the Kalispell Parks and Recreation Department. Parkland dedication has been met through a partial cash -in -lieu contribution or 40% of the total $41,620 due. Please find enclosed the check in the amount of $16,920. This contribution completes the parkland requirement. 13. A maintenance agreement for the park and common areas shall be included with the final plat. Refer to the attached Homeowner's Association documents. 14. Street fighting shall be located within the subdivision and shall be shielded so that it noes not intrude unnecessarily onto adjoining properties. The street lights will be installed by Flathead Electric Cooperative at the time the rest of the electrical service is installed. Currently this installation has bee paid for and the required conduit will be buried and approved. See the attached FEC receipt for payment conformation. 15. That the lots within the subdivision be reconfigured so that all lots meet the minimum 50 foot lot width requirements of the R-4 zoning district and the minimum lot size requirements of 6,000 square feet exclusive of any easements. This requirement has been met; please refer to the face of the final plat. 16. That a minimum of two-thirds of the necessary infrastructure for each phase of the subdivision shall be completed prior to final plat submittal. With the filing of the final plat for each phase, an additional three-year extension shall be automatically granted for subsequent phases. The Subdivision Improvement Agreement addresses the remaining 113 of the installation of improvements. 17. Mitigation of traffic impacts must be addressed by the developer in accordance with MDOT requirements. A traffic impact study was completed in August of 2003. It included a total of six recommendations. Two of these dealt with stop signs in the interior of the subdivision. These signs have been installed. Two of the recommendations dealt with appropriate crosswalks and road striping. These will be completed prior to platting the last phase of the subdivision. The last two recommendations deal with a deceleration lane on North Riding Road This recommendation assumed that in the future we would use North Riding Road as an access point for the lots located on the east side of the proposed bypass. At this time we do not intend to use North Riding Road as an access point for that portion of the subdivision, thus this recommendation does not apply. 1& A note be placed on the final plat that the lots not designated as townhouse be developed as single-family residential. This note has been placed on the face of the final plat. 19. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. This is addressed within the landscaping portion of the SIA. 20. That preliminary plat approval shall be valid for a period of three years from the date of approval. The preliminary plat is filed before the expiration deadline. Thank you for your kind attention to this final plat. Please feel free to call should you have questions, concerns or require additional information. Sincerely, Hubert J. Turner Montana department of �l � o ENTALuAuTY Judy Martz, Governor 109 Cooperative Way - suite 105 - Kalispell, NIT 59901-2389 - (406) 755-8985 - FAX (406) 755-8977 Paul L. Wells, P.E. 'ViWMW Engineering, PC 50 West Second Street Whitefish, MT 59937 October 7, 2003 RE: Empire Estates Water & Sewer Extensions and Sewer Lift Station, EQ#04-1543 Dear M;r. Wells: Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure for the water and sewer extensions and DEQ-2 for the sewer lift station. The plans and specifications are hereby approved with the condition as listed below. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. Condition: Provide a valve pit at the junction of the sewer force mains on Three Mile Drive. Install check valves up -stream of the junction on both lines with two shut-off valves for each check valve. Approval is based on plans and specifications received October 6, 2003 under the seal of: Paul L. Wells, P.E. # 7378E. Approval is also given with the understanding that any deviation frorn the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of "as -built" record drawings signed by the project engineer. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing Construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system.. Centralized Services Division - Enforcement Division - Permitting & Compliance Division • Planning, Prevention & Assistance Division - RemediatiOn Division RE: Empire Estates Water- & Sewer Extensions and Sewer Lift Station, EQ#04-1543 Please be aware that this project may need a storm water general pen -nit. Please contact the Water Protection Bureau at 406-444-3080 for more infornna.tion. Sncerely. IV, a er, Environmental Engineer Specialist PW S/ Permitting & Cornpliance Division cc: Wayne Turner City of Kalispell, Department of Public Works Flathead County Sanitarian File City of Kalispell. Public Works Department ...:...:.. . Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758- 7720, Fax (406)75,9-7831 June 1, 2004 Tri--City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Via fax: 751-1858 Attention: Narda Wilson, Senior Planner RE: Traffic Impact Study Empire Estates Subdivision Kalispell, Montana Dear Narda, We have reviewed the referenced study and concur with the recommendations found on Page 11 of the study. Attached is a copy of the recommendations found on Page 11. If you have any questions, please do not hesitate to contact this office. Sincere_ y, t 6:5k- Frank Castles, P.E. Assistant City Engineer Cc: Wayne Turner Traffic Impact Study Empire Estates Subdivision Robert Peccia & Associates Kalis ell, Montana August, .2003 existing problems are occurring along Meridian Road. These problems will be corrected once the road is reconstructed in 2006-7. • Traffic from the proposed subdivision will not significantly effect the delay at any intersection within the area. • None of the accesses to the development will require additional left -turn lanes to improve capacity or safety • Once the northeast corner of the property is, constructed (Phase 4), a right -turn deceleration lane may be needed at the intersection of Three Mile .Drive and North Riding Road. X. RECOMMENDATIONS The following recommendations are provided to help ensure that the proposed development functions with minimal impacts within, as well as around, the area. • Within the development Empire Drive, Hill Drive, and Trump Drive will .function as a collector routes. For this reason all intersection approaches to these two streets should be controlled by STOP signs on the minor legs. • At the three access. roads, vehicles entering the development should have unrestricted movement. At these locations STOP signs should be erected along Empire Drive. • Access to the northeast corner of the property should be provided though a "yet to be determined" road that connects to North Riding Road. • At all locations where the pedestrian path crosses a roadway, the crosswalk should be signed and marked with pedestrian crosswalks on the pavement.. • Stillwater Road should be improved to include centerline and shoulder striping. Speed limit signs should be erected at both ends and near- the southbound approach to the development • Construct a right -turn deceleration lane at the intersection of Three Mile Drive and North Riding Road after Phase 4 reaches full build -out. I 35 1 r` Ave East — P 0 Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7718 Fax: (406) 758-7719 Email: parknrec@kalispell.com August 15, 2005 Mr_ Hubert Turner 3300 Hwy 2 west Kalispell MT 59901 Re: Empire Estates Phase Four Landscaping Dear Hubert: If reference to your letter dated August 9, 2005, regarding the assessment for improvement costs for Empire Estates Phase Four landscaping to include boulevard trees, seeding of boulevards and the bike trail in the amount of $30, 865 is an accurate estimate and approved by this department. This cost estimate includes approximately 175 trees, 35,000 square feet of seeding and 430 feet of bike pedestrian path. We will work with you at a later date (when the majority of home construction is finished and people are living in the subdivision) in regards to specifics on boulevard tree planting locations. If these improvements have not been installed by final plat, please be aware they need to be bonded for at a rate of 125%. Kalispell Planning can further advise you on this process if you desire. If you have any concerns or questions please give me a call. Sincerely, Michae Baker, Director Cc: Narda Wilson, Kalispell Planning KALISPELL FIRE DEPARTMENT 312 FirstAvenue East Randv Brodehl — Fire Chief ` Kalispell, Montana 59901 Dan biehl — Assistant Chief/Opoerations a (406) 758-7760 Brent L. Christopherson — Assistant Chief/Frevention VAX (406) 758-7952 August 23, 2005 Hubert Turner 3300 Highway 2 West Kalispell, MT 59901 Re: Final plat approval --- Empire Estates, Phase IV Dear Mr. Turner, In response to your request for approval of the above -referenced project, our department approves final plat application for Empire Estates Phase IV, with the following information and conditions: • Fire hydrant locations and fire flows are approved by this department. • It is understood the roads will be paved and street name signs installed prior to combustible construction. Please contact me if you have any questions. Sincerely, Brent. L. Christopherson Assistant Chief/Prevention cc: Narda Wilson, Tri-City Planning Office -Assisting our community in reducing, preventing, and mitigating emergencies." Paul wells, P.E. Principal Engineer August 25, 2005 Mayor Pam Kennedy and Members of Kalispell City Council City of Kalispell 312 First Avenue East Kalispell, Montana 59901 Dear Mayor Kennedy and Council Members, Consulting Engineers 50 West Second Street Whitefish, Montana 59937 Phone (406) 862-7626 Pax (406) 862-7827 { YAl_1SPE1.1 PUNNING DEPARTMENT Re: Empire Estates — Phase 4 The work to date for Empire Estates Subdivision has been installed according to approved plans and specifications. Further, I have looked over the estimated costs to complete Phase 4 of Empire Estates, and it is my opinion that they accurately and realistically reflect the amount of money required to complete this phase of the subdivision. Based upon these estimated amounts, we have calculated the acceptable collateral to post along with the enclosed Subdivision Improvements Agreement. Should you have any questions please call. Sincerely, 4SStpl!!1 ►lf:l Jdd ONT4. I dg,d V a o ` Paul Weis=J� City of Kalispell r Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720. Fax (40 )758-783 l August 31, 2005 Wayne E. Turner 3300 Highway 2 West Kalispell, Montana 59901 Re: Empire Estates, Phase IV Gentlemen: The City of Kalispell Public Works Department hereby approves the existing, completed improvements except those listen in the Subdivision Improvement Agreement, Exhibit B, for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following; 1. WMW Engineering, PC, letter certifying that the improvements within the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the approved plans and specifications. 2. Receipt of satisfactory bacteriological results for the water main disinfection. 3. Our video records of the sanitary sewer system. 4. Receipt of a Subdivision Improvement Agreement which contains the total estimated construction costs plus 25 percent covering the estimated costs for the remaining infrastructure improvements. The Subdivision Improvement Agreement is certified by Paul L. Wells, P.E., to Ding an accurate accounting of anticipated costs for the remaining improvements. The one year warranty period for the City owned and maintained existing, completed improvementswill commence on August 31, 2005. The one year warranty period for the remaining construction will commence upon acceptance by the City of the completed constructed improvements in accordance with approved plans and specifications. If you have any questions, please do not hesitate to contact this office. sin, Frank Castles, P.E. Assistant City Engineer Cc: Narda Wilson, Senior Planner Kalispell Planning Office FLATHEAD STATION 248 FIRST AVENUE WEST KALISPELL MT 59101-9998 October 1, 2004 To- Kalispell City Planning Beard RE: Empire Estates To whom it concerns: The above referenced project has been reviewed. A suitable location for mail delivery has been established . Centralized boxes will be installed at suitable locations in turnout areas for the carrier to service these boxes. The developer will be responsible for purchasing the CBUs. If you have any questions please feel free to call me at (406) 755-0187. 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SAWr At OF 2 AWFFS TA Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (4061 751-1858 FINAL PLAT APPLICATION Project Name: EMPIRE ESTATES PHASE 4 Contact Person: Name: HUBERT TURNER Address: 3300 HWY 2 WEST KALISPELL MT 59901 Phone No.: 257-1682 HOME 2610728 ICELLI Date of Preliminary Plat Approval: DULY ? 2003 Owner & Mailing Address: WAYNE E. TURNER 3300 HIGHWAY 2 WEST KALISPELL, MT 59901 Type of Subdivision: Residential XX Industrial Commercial PUD Other No. of Lots Proposed 49 LOTS Parkland (acres) 0 fib SUBLOTS Land in Project (ac.) 18.815 Cash -in -Lieu $16,920 Exempt FILLING FEE ATTACHED Minor Subdivision with approved preliminary plat $300 + $30/lot Major Subdivision with approved preliminary plat $650 + $X/lot Subdivisions with Waiver of Preliminary Plat $500 + �30%lot Subdivision Improvements Agreement $ 50 Not Attached Applicable (MUST CHECK ©NE) ant Health Department Certification (Original) _IM Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid)l) ME Consent(s) to Plat (Originals and notarized) atx Subdivision Improvements Agreement (Attach collateral) xa9 Parkland Cash -in -Lieu (Check attached) :sx Maintenance Agreement Plats: 1 opaque OR 2 Mylars 1 Mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 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. I.n 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 of date of the preliminary plat. When all application materials are submitted to the Tri-City Planning Office, 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 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 Tri- City 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 and Recorder requests that all subdivision final plat applications be accompanied with a digital copy. O S) signature **A digital copy of the final plat in a Drawing Interchange .File (DX.F) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easement 4. Roads or rights -Of --way 5. A tie to either an existing subdivision corner or a comer of the public land survey sytem As approved by the TCPB on 12/19/01 Effective 1/l/02 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 7'58-5510 This Form is for Subdivisions & Condominiums Only By: SANDS SURVEYING FOR: WAYNE TURNER D1=SCP: EMPIRE ESTATES PH 4 (TR 3 in 1-28-22) YEARS 2000 THRU 2004 -- - & TO DATE --------------------------- DATE: 7/21 /2005 PURPOSE: PLAT ASSESSOR # 0851800 ----------------------------- ----------------------------- ----------------------------- ----------------------------- hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. r r 7%3Al OV2005 F.E.C. Work Order Cost 20051705 EMPIRE ESTATES PHASE 4-6 Staked By: stars Staked Date: 7/30/2005 Account # N/A Amount Pd: 7� & By: � �� Date: �_�� -5 Check #: Amount Pd:� By: Date: Check #: ;11 Description. Quantity LaborCost Mate ai ,c►st 100WST LIGHT, IOOW HPS STREET (F (FLAT) 11 $1,462.83 $1,073.41 M26-5AL STREET LIGHT ALUM. POLE 11 $1,462.83 $5,091.95 PR1528 1/0 STR. 220MIL 15KV URD 3,082 $2,869,01 $6,766.94 SEC450 12/2 OF 240 $89.37 $55.84 SEC557 350 MCM USE TPX 5,550 $9,152.01 $10,726.62 UF'ER UFER GROUND 9 UG7S-.100 l OOKVA TRANS. ASSY. URD 7 $3,071.95 $9,760.00 UG7S-75 75KVA TRANS. ASSY. 2 $877.70 $3,633.25 UK5 SECONDARY PEDESTAL W/ 3 CONN. 57 $7,580.13 $7,368,81 UM50-M-1 1" MBR CONDUIT 240 UM50-M-3 3" MBR CONDUIT 8,632 UM6-1 ELBOW 15KV 22 $2,047.97 $595.05 UM6-15 STANDOFF 15KV 2 $66.49 $0.00 UM6-34 ELBOW/ARRESTOR 2 $186.18 $154.94 UR2-3-MBR MBR SEC. TRENCH 67 UR2-MBR MBR TRENCH 12 Construction Cost: $74,093.30 $28,866.48 S45.226.82 General Overhead: $11,114.00 Transportation $4,816.06 Engineering: $3,334.20 Additional FEC Costs: $0.00 Explanation: TOTAL COST: $93,358.00 FEC Transformer Contribution $21,591.91 FEC New Service Allowance $0.00 Additional FEC Allowance: $0.00 Explanation: Deposit Paid: $0,00 TOTAL ALLOWANCE: $2.1,591.91 Note: FEC provides all transformers and meters free of charge TOTAL DUE: $7I 765.00 CREDIT/DEPOSIT INFORMATION No Deposit Required $200.00 Advanced Payment Required Require Account Current Account # N/A Amount Paid 651 ESTIMATE VALID FOR 90 DAYS FROM: 7/3012005 N = hWesten ..;. . Enerff WAYNE TURNER 3300 US HIGHWAY 2 W KALISPELL MT 59901 Customer Contact: Customer Number: 1033246 Kalispell Office Phone: 406-751-2210 PO BOX 9888 Fax. 406-751-2224 Kalispell MT 59904 Quotation Quotation No. 20017751 Document Date 08/16/2005 Payment Terms Payable upon receipt Service Order No. 23094400 Quotation Valid To: 1 1 /05/2005 Item Material Description I Quantity Unit Price Amount Gas main to Empire Estates Ph4 - KCAL oolo 1228 (Adv. Rule 6-2) Gas Main Res Price - Labor & Materials 9,631.00 Tax adder 2,889.30 ---------------------------- Subtotal 12,520.30 Total Amount... 12,520.30 Please contact RONETTE HAEGELE at 406-751-2210 if you have questions regarding this quote. 1 of 1 P A-, CenturyTel of Montana, Inc. J Agreement for Subdivision Telephone Facilities Q THIS AGREEMENT, made, July 2212005 by and between CenturyTel ol'Montana, Inc., with its principal place of business in Kalispell, Montana located at 290 North Main hereinafter referred to as "The Company," and Wayne Turner or Hurbert Turner hereinafter referred to as "Developer"; RECITALS: L Developer is in the process of subdividing and developing property or has subdivided and developed property, which property is hereinafter referred to as "Project", and will be or is offering lots or portions of the Project for sale or lease. 2.- Developer is desirous.of making the necessary arrangements for the installation of telephone facilities to serve the Project and the various portions thereof. 4 3. The Company is agreeable to install telephone facilities in the Project and the various portions thereof, subject, however; to the terms and conditions as hereinafter set forth. The parties agree as follows: 1. INSTALLATION OF FACILITIES: The Company agrees to design and install telephone facilities in the Project located in Flathead County, State of Montana, and known as Empire Estates Phase h telephone service to subscribers in the Project as the lots and portions of said Project are developed and sold or leased. 2. ADVANCE: Promptly upon the execution hereof, Developer shall pay to The Company as an advance against The Company's cost the sum of $1.8,712.20 which is the estimated cost of design, purchase, and installation of such telephone facilities. If multiple visits are required due to customer caused delays, an additional charge of $200.00 per visit will apply. Upon completion, of such installation and a determination of the actual cost thereof by The Company, the Developer shall within ten (10) days after written demand on the Developer by The Company pay to The Company an additional amount not to exceed 10% of the estimated cost if the actual cost is greater than the estimated cost. The Developer shall be entitled to a reimbursement of the difference if the actual cost, as finally determined by The Company, is less than the sum herewith as the estimated cost. 3. REFUNDS. (a) Developer shall be entitled to a refund from Ue Company of $181.67 for each lot or portion of the Project connected to The Company's facilities for telephone se*e to a subscriber within the period of five (5) years from the date of which the facilities to be installed by The Qrrtpany under the terms of this Agreement are completed. It is specifically understood and agreed that the installation of the facilities contemplated hereunder do not include the services rendered to a subscriber. If an adjustment of cost is made in accordance with the terms of Paragraph 2 of this Agreement, the refund shall be adjusted accordingly based on the actual cost of the design, purchase and installation to The Company. It is understood and agreed that the amount of refund is determined by dividing the sung paid to The Company under the terms of Paragraph 2 of this Agreement by 103 Lots* in the Project. (b) Such refund shall be paid to the Developer each year for all lots and units connected during the previous calendar year. No interest shall be charged or paid on any payments made by the Developer to The Company or on any refunds due Developer by The Company.. All refund requests must be submitted to CenturyTel each year between January 1 and February 15, within the five (5) year refund period. (c) Developer shall not be entitled to any refund for lots or units connected after expiration of the five (5) year period described in Paragraph 3 (a) of this Agreement, and any unrefunded portion of said cost referred to in Paragraph 2 shall become the property of The Company free and clear of any claim of the Developer. K:\NETWORKDIVIMTC_LE_SUBD\SUBDIVISIONS\SUBD CONTRACT312005 CONTPUS?MT CONTRAC-nEMPIRE ESTATES PH 4.DOC 4. RIGHT OF WAY AND TRENCHES: Developer shall provide at no cost to The Company appropriate utility rights of way by dedicating strips or easements for the installation of The Company's facilities, such rights of way or easements to be dedicated or conveyed in a form acceptable to The Company. Such rights of way shall be graded to semi -finished grade by, or at the expense of, the Developer prior to the trenching or installation. of The Company's facilities hereunder. Developer may provide, with the consent of The Company, all trenching, excavation and back filling necessary for the proper installation of The Company's facilities, at no cost to The Company, and in accordance with the specifications to be furnished by The Company. 5. DAMAGES TO FACILITIES: Developer agrees to comply with all the Statutes of the State of Montana or any agency or municipality having jurisdiction thereof relating to any excavation, trenching and back filling .necessary and proper for the installation of The Company's facilities. Developer shall pay The Company for any damage caused to The Company's facilities by Developer or any of Developer's contractors or subcontractors, and Developer shall hold The Company harmless from any and all damage, liability, cost or expense of whatsoever nature resulting from any damage caused to The Company by Developer or any of Developer's contractors or subcontractors. Such damage shall be paid promptly by Developer to The Company at such time as The Company has determined the amount of damage sustained by The Company under the terms of this paragraph. 6. REGULATORY JURISDICTION, This Agreement, the obligations of The Company hereunder, and all telephone service to be provided by The Company in connection hereunder, shall be subject to the rules, regulations and orders of any regulatory agency having jurisdiction thereof, and the rates, rules and regulations of The Company's tariffs as now or hereafter filed with the regulatory authorities with whom such tariffs must be filed. 7. SUCCESSORS: The rights and obligations ofthis Agreement shall inure to the benefit ofand be binding upon the respective heirs, administrators, executors, successors and assigns of the parties hereto, provided, however, that no assignment of any of Developer's rights of obligations hereunder, or any portion hereof, shall become effective with out the prior written consent of The Company 30 days after the receipt of your payment and signed contract before we will begin construction. INT WITNESS HEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first herein above written. "Developer to provide all trenching and conduits at all road crossings. Total lots are 103. LOTS -- 2A thru 18B = 34 LOTS —14 thru 19 µ 6 LOTS — 5, 6; 7, 8, 16, 17, 18, 19 = 8 LOTS — 9A thru 15B =14 LOTS — 5 thru 22 =18 LOTS —5,6,7=3 LOTS — 8A thru 17B = 20 COMPANY: CenturyTel of Montana, Inc. Jeremy Ferkin — General Manager P vzs (Owne 6eveloper) Date: WAYNE: E OR f EGGY B TURNER HUBERT J TURNER 3300 HIC; WAY 2 WEST PH. 406-257-1682 KALISPELL, MT 59901 to /GG ©9 CCe9" J P.O. BOX 7758 KALISPELL, MT 59904 WEST rEWWK 4W755-9781 1 s FOR- 1120018850 1:09 29051#301.0 c 9 885 93-543/929 j DATE-� — �$ 2tl DOLLARS �s 1.1VI l 1900 L 5 $ V A E _, 0 a � � FirstAmeric r Farm No. 1282 (Rev. 12115195) FILE NO.: C'T--86880 CT-86880 H-359135 FEE: $125.00 SUBDIVISION OR PROPOSED SUBDIVISION: Empire Estates, Phase 4 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATI'ONN, HEREIN CALLED THE COMPANY GUARANTEES: Sands Surveying FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the 'ands described as follows: A tract of land, situated, lying, and being z__ the Southwest Quarter of -he Southwest Quarter of Section 1, Township 28 North, Range 22 West, F.M.M., Flathead County, Montana, and more particularly described as follows to wit: Beginning at the Southwest corner of the Southwest Quarter of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana., which is a found aluminum. cap and the Southwest corner of the Plat of Emo re Estates, Phase 3 (records of Flathead County, Montana); thence along the South boundary of said SW1/4 and the South boundary of said Plat North 89'35'50" East 800.64 feet to the True Point of Beginning of the tract of land herein described: thence along the Easterly boundary of said Plat North 00'24'10" West 225.00 feet to a found iron pin on the Northerly Rlhl of a 60 foot road known as Empire Loop; thence along said R/W South 89*35,50" West 161.23 feet to a found iron pin; thence leaving said R/W North 00'46'33" East 88.47 feet to a found iron pin; thence South 89*35,501, Wes" 297.38 feet to a found iron pin; thence North 00'46'33" East 88.47 feet to a found iron pin; thence North 00'34149" West 60.00 feet to a found iron pin; thence North 00'46'33" East 179.40 feet to a found iron pin; thence North 00'05101" West 60.00 feet to a found iron pin; thence North 00*46,331, East 180.76 feet to a found iron pin; thence North 29'23'10" West 68.59 feet to a found iron pin; thence North 00'46'33" East 89.52 feet to a found iron pin on the Southerly boundary of the Plat of Empire Estates, Phase 2 (records of Flathead County, Montana); thence along said Southerly boundary North 89'35'50" East 403.24 feet to a found iron pin; thence North 78'06'54" East 55.05 feet to a found iron pin; thence North 61'22'05" East 49.02 feet to a found iron pin; thence North 28*37,55" West 33.37 feet to a found iron pin; thence Continued... FILE NO.: CT--86880 PAGE 2 H 359135 North 60'16'32" East 89.27 feet to a found iron pin on the Westerly R/W of said .Empire Loop; thence along said, RIW South 28`37'55" East 26.51 feet to a found iron pin; thence leaving said R/W North 61`22'05" East 163.75 feet to a found iron pin on the Westerly R/W of the proposed Kalispell By-pass, which is on the chord of a spirai carve; thence leaving said South boundary of said Plat and along said R/W and along said spiral chord South 27`1.5'14" East 295.35 feet to a set iron pin and the P.C. of a 1164.70 foot radius curve, concave Southwesterly (radial bearing South 67°53'28" West); thence Southeasterly along said curve through a central angle of 15'59'06" an arc length of 324.94 feet to a set iron pin on a spiral curve; thence along a spiral chord South 00`58'45" East 326.79 feet to a set iron pin; thence South 01'29'28" West 288.07 feet to the South boundary of said SW1/4SW1/4; thence leaving Sa=C'i =c's7 a:"_G ailOng Sa1u 5ouwii i✓CWnsCClarV South 89'35'50" West 444.38 feet to the Point of Beginning. The above --described tract of land is to be known and designated as: Empire Estates, Phase 4 (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the ce--tificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues and other easements offered for dedication by said Plat are: Wayne E. Turner, vested, party (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county and city taxes for the year 2005, a lien not yet payable, NOTE: An additional 150.00 has been assessed under Tax Receipt 2004-47871. (This has been paid) (3) Easements, claims of easements and restriction agreement of record are: 1. Water well Agreement upon the terms, conditions and provisions contained therein: DATED October 26, 1903 PARTIES Richard M. Asher and H. H. Dingman RECORDED: October 17, 1907, in Book 90, Page 131, as Doc. No. 4219, records of Flathead County, Montana. Continued... FILE NO.: CT-860880 PAGE 3 H-359135 2. County road rights -of -way not recorded and indexed as a conveyance in the office of the Clerk and Recorder pursuant to title 70, chapter 21, M.C.A. 3. Possible easement created by Permit to Appropriate Water by and between the State of Montana Water Resource Division and Paul Grosswiler, dated December 7, 1979 and recorded December 31, 1979, in Book 685, Page 512, as Doc. No. 19911, records of Flathead County, Montana. 4. Petitzon To Annex And Notice Or Withdrawal From Rural Fire District executed by Wayne E. Turner, recorded July 14, 2003, as Doc. No. 2003-195-11400, records of Flathead County, Montana.. 5. Resolution No. 4805 executed by the City of Kalispell for annexation, recorded July 14, 2003, as Doc. No. 2003-195-11410, records of Flathead County, Montana. 6. Utility Easement Certificate as recited on the proposed Plat of Empire Estates, Phase 4. 7. Articles of Incorporation of Empire Estates Homeowner's Association Inc., recorded June 9, 2004, as Doc. No. 2004-161--12130, records of Flathead County, Montana. S. ByLaws of Empire Estates Homeowner's Association., Inc., recorded .Tune 9, 2004, as Doc. No. 2004-161-12160, records of Flathead County, Montana, 9. Covenants, conditions and restrictions, recorded June 9, 2004, as Doc. No. 2004-161-12170, records of Flathead County, Montana, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 10. Restriction on the proposed Plat of Empire Estates No. 4 which states the following: "Lots 3 through 7, Block 3; Lots 3 through 24, Block 4; Lots 3 through 8 and Lots 16 through 21, Block 5; and Sots 12 through 21, Block 6 are to be used for Single Family Residence Only." 11. Utility easements, landscape buffers, and any and all natters relating to the proposed Plat of Empire Estates, Phase 4. Continued... FILE NO.: CT-80880 PAGE 4 H-359135 12. Declared County Road (3 Mile Drive) as depicted on the proposed Plat of Empire Estates Phase 4. 13. The above described property is Located withir. and subject to the jurisdiction of the City of Kalispell Fire District. DATED: August 3, 2005 at 8:00 A.M. Subscribed and sworn to before me this d4y---ofw `2005 Notary Public for StateofMonr_ana Residing at ` My Commission Expires- - . ,_' K.,•_- --• THE END (5 continued) 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. S. Options to Pay of 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 indebt- edness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reason- able 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 lia- bility of the Company hereunder. in the event after notice all claim has been given to the lll'ompany by the Assured the Company offers to purchase said indebted - pass, the owner of such indebtedness shall transfer and assign ssi n said indebtedness, together with anv collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (er the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required M that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Sedft� With Parties Other Than the Assured or W'ith the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any clairn assured against under this Guarantee. together wilb 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 obligat- ed to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment reaquilred in that paragraph, shall terminate.- including any obligation to con,inue nj . defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7- Determinallon 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 dam- age by reason of reliance upon the assurances set fol Ill. in this Guarantee and only to the extent herein described, and sl NPU to the Eyxlusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall lot exceed the least of: (a) the amount of liability Mated in. Schedule A or in Part 2: (b) the amount of the unpaid principal indebted- ness secured by the mortgage of an Assured mortgagee, as firniled or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, a, the time the Joss or damage assured against by thi's Guarantee occurs, together with interest theron: or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. B. Limitation of Liability. (a) if the Company establishes the little, or removes the alleged defect, flan or encumbrance or cures any other matter assured against by encumbrance, Guarantee In a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, It shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of ajiy litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determinabor by a court of competeril)urisdit0on, and disposition of all appeals therefrom, adverse to 'he title, as stated herein. (c) The Company shall not be liable for ioss or damage to any Assured for flablifty voluntarily assumed by the Assured in settling any claim or sull, without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments tinder this Guarantee, except pav- ments made for costs, attorne'vs' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability Pro tanto. (a) No payment shall be mace without Producing this Guarantee for endorsement of tile payment unless the Guarantee has been lost or destroyed, in which case proof of loss or lest action shall be huinishod to the satisfaction of Tne 'Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or darnage shall be payatife wfthin tbirty (30) days. thereafte.r. ZMUMM Whruever the Company shall have settled and paid a cialmnd under this Guarantee, all right of subrogai- tion shall vest in the Company unaffilected by any act of e Assured claimant: "lieComipariv shall be subrugated to and ba, d to all rights and remedies which the Assured -4 woMU have had against any person or Property In respect to the claim had this Guarantee not been issued, If requested by the Company, the Assured shah transfer I to the Company ail ". rights- and remedies against any per son or property necessary in order to Perfect this right of subrogatewn. The Assured sliall IpOrmk the Company to sue, compromise or settle it, the name of the Assured and to use the name of the Assured irl anv transaction or ittigation involving these rights or rem-,06s_ If a payment on account of a cairn does Pot 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. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pur- suant 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 connectiop with its issuarif e or the breach of a Guarantee provision of other obligation. All arbitra- ble matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Comparly or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect. at Date of Guarantee shall be binding upon the parties, The award may inc)uda attorneys' fees only it the laws of the state n 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. -r he I -a w of the situs of the lend shall app.fy to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from trio Company upon request, 13. Liability Limited to This Guarantee; 01. Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, -attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. in interpreting any provision of this Gula-rantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, wholthei or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this 91 ,uaranteo can be made except by a writilng endorsed hereon or attached hereto signed by either the President, a Vice President the Se—cf,"tarig a, Assistant secretary, Y, of validating officer or authorized signatory of the Company 14. Notices, Where Sent. All notices required to be given the Company and any Statement in writing required to be furnished the Company shall 31riclude the number of this Guarantee and shall be addressed to the Company a. 114 East Fifth Street Santa Ana, 'Cailfornia 92701.