Loading...
Staff Report/Final PlatCity of Kalispell Planning Department 1.7 - 2nd Street East, Suite 21.1., Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispel.iplanning.com REPORT TO:. Kalispell Mayor and City Council FROM: Thomas R. Jentz, Director James H. Patrick, City Manager SUBJECT Final Plat for Old School Station MEETING DATE: February 21, 2006 BACKGROUND: This is a request for final plat approval of Old School Station Subdivision that plats 17 industrial lots on approximately 55.13 acres. The site is located on the east side of Demersville Road just north of the Rocky Cliff and US 93 Intersection. The property can be described as Assessors Tract 2 in Section 33, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Flathead County Commissioners granted preliminary plat approval on .May 12, 2005 subject to 21 conditions. On June 6, 2005 the Kalispell City Council annexed this preliminary platted subdivision into the city of Kalispell. Subsequent to that annexation, the final plat of Old School Station has been submitted to this office for final plat review and approval. All of the conditions have been adequately met or otherwise adequately addressed. Please note, many of the conditions do reference compliance with Flathead County standards as this project was initially proposed to be developed as a rural subdivision. Subsequent to annexation, those conditions of approval now are being interpreted to require compliance with the comparable Kalispell urban standards as found in the Kalispell Construction and Design Standards and other relevant city documents. Remaining public infrastructure necessary to complete the subdivision is secured by Kalispell SID #344. RECOMMENDATION: A motion to approve the final plat for Old School Station would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. Final Plat for Old School Station February 14, 2006 Page 2 ALTERNATIVES: As suggested by the City Council. Respectfully submitted, fihomas .Jeri , A tP James H. Patrick Director City Manager Report compiled: February 14, 2006 Attachments: Letter of transmittal Final plat application and supporting documents RESOLUTION NO.5092 A RESOLUTION APPROVING THE FINAL PLAT OF OLD SCHOOL STATION, DESCRIBED AS ASSESSOR'S TRACT 2 IN SECTION 33, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, .Montana Venture Partners, LLC, the owner of certain real property described above, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, the Flathead County Commissioners approved the preliminary plat for this subdivision on May 12, 2005 subject to 20 conditions, all of which have been met or adequately addressed, and WHEREAS, the City Council of the City of Kalispell annexed this property on June 6, 2005 by Resolution 5018, and. WHEREAS, the Kalispell Planning Department has reviewed the County's preliminary plat under the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Compliance with Conditions of Approval are hereby adopted as the Findings of Fact of the City Council, such conditions being as follows: The internal subdivision roads shall be designed by a licensed engineer and constructed with a minimum 60-foot right-of-way, a 20-foot travel surface, and 66-foot radius cul-de-sacs, in accordance with the Flathead County Subdivision Regulations. • This condition has been met. Morrison Maierle, Inc. designed the road system in compliance with the City of Kalispell Design and Construction Standards per letter from Frank Castles dated November 17, 2005. 2. The developer shall install a stop sign and road identification sign at the intersection of Demersville Road. and all subdivision access roads in accordance with Section 3.9(1)(8) of the Flathead County Subdivision Regulations. • The required signage is part of the overall infrastructure package to be constructed under the pending Kalispell Special Improvements District #344. The roads within the subdivision shall be signed in accordance with the policies of the Flathead County Road Department and the Uniform Traffic Control Devices Manual. The roads within the subdivision shall be signed in accordance with the Kalispell Design and Construction Standards and the Uniform 'Traffic Control Devices Manual and shall be installed as part of the overall Kalispell SID ##344. 4. The developer shall obtain and show proof of valid approach permits for the subdivision from the Flathead County Road Department. • This condition has been met as all approach pen -nits have been issued, Copies of the Flathead County Approach permits are attached. 5. A letter from an engineer licensed in the State on Montana shall certify that all improvements have been installed to specifications. This certification shall include all roadways, drainage systems and sidewalks. + This condition can be met. All improvements will be installed under Kalispell SID #344. Prior to final acceptance of all work, this certification shall be secured. 6. All internal subdivision roads shall be paved. + This condition has been adequately addressed. The roads shall be built to the Kalispell Design and Construction Standards and approved by the City. The construction drawings have been approved by the Kalispell Public Works Department. 7. The applicant shall pave Snowline Lane and Demersville Road from its intersection with Snowline Lane south to its intersection with Rocky Cliff Drive. + The paving of these road sections has been completed. S. The developer shall dedicate a 15 foot pedestrian/bicycle easement on Lots 1, 9, 10, 11, 12, and 13 along Demersville Road. + This condition has been met. The easement is shown on the final plat. 9. A property owners association shall be formed which will require each property owner to bear his/her pro-rata share for road maintenance of the internal subdivision roads and maintenance of common areas. + This condition has been met. The landowners association addresses the maintenance of the proposed common areas. The internal road system will be dedicated to, owned and maintained by the City of Kalispell per this final plat. 10, The applicant shall receive physical addresses and name all roads in accordance with Flathead County Resolution # 1626. The addresses and road names shall appear on the final plat. + This condition has been met per the face of the final plat. 11, Lot owners are bound by the soil disturbance and weed management plan to which the developer and the Flathead County Weed Department agreed. • This condition will be met per the construction standards of the proposed SID. All disturbed areas will be re -vegetated according to a plan approved by the Kalispell Public Works and Parks Departments. 12. All storm water, water and sewage treatment facilities and drainage plans shall be approved by the Flathead City -County Health Department and the Montana Department of Environmental Quality at the time of development. A dry sewer line will run from the level 11 central collection system to the county R/W. All storm water, water and sewer plans have been approved by MDEQ per attached letter. These facilities will be built according to the Kalispell Construction and. Design Standards and operated as Kalispell municipal facilities and as suchh are part of the proposed SID #344. 13. A letter be obtained from the Somers/Lakesid.e Fire District stating that the fire access and suppression system has been reviewed, approved and installed in accordance with its requirements. • The Kalispell Fire Department has reviewed and approved the plans per letter from the Kalispell Fire Marshall dated January 26, 2006. 14. All utilities shall be placed underground to abut and be available to each lot, in accordance with a plan prepared by the utility companies. Utilities and easements shall comply with section 3.1.7 and 3.18 of the Flathead County Subdivision Regulations. • This condition has been met. All utilities will be installed underground per Kalispell SID #344. 15. Any lighting used for the business park shall be directed in such a way as to be contained within the boundaries of the property and shall be hooded, screened, or directed in a manner that it shall not be detrimental to the adjoining property owners or the neighborhood. This condition will be met per letter from Todd Folley, P.E. of Morrison Maierle, Inc. stating that the street lighting has been designed in compliance with the City Street Lighting Standards. They will be installed in accordance with Kalispell SID #344. 16. The applicant shall provide a common off-street mail pick-up facility and vehicular pull -off in compliance with Section 3.22 of the Flathead County Subdivision Regulations. This condition has been met per design approved. by Eldon Marvel, USPS. 17. The following statements shall be placed on the face of the final plat: a. All address numbers shall be visible from the road, either at the driveway entrance or on the house. b. The property owners association shall be responsible for maintenance of the private roadways and Common Areas. All utilities shall be installed underground. d. Lot owners are bound by the soil disturbance and weed management plan to which the developer and the Flathead County Weed Department agreed. e. This subdivision is approved for uses authorized in the I-1 zoning district only, by permitted or conditional use permit as indicated in the regulations. Residential uses are strictly prohibited. f. Waiver of Protest Participation in Special Improvement District (Owner) hereby waives any and all right to protest which it may have in regards to any attempt to be made by a local governmental entity, to initiate a Special Improvement District which includes Subdivision, shown on the plat therefore, for any purposes related to roads, water facilities and systems, and sewer facilities and systems, set forth in Sections 7-12-2102 and 7-12-4102, M.C.A.; provided however that understands that (he/she/it/they) retains the ability to object to the amount of assessment imposed as a result of the formation of a Special Improvement District, including the right to object on the basis that the property is not benefited by the Special Improvement District. agrees that this covenant shall run to, with and be binding on the title of the real property described above and shall be binding on the heirs, assigns, successors in interest, purchasers, and. any and all subsequent holders or owners of the real property shown on the subdivision plat for Subdivision. r All appropriate notes as required by the Kalispell Subdivision regulations have been placed. on the face of the final plat. 18. All required improvements shall be completed in place, or a Subdivision Improvements Agreement in accordance with. chapter 8 of the Flathead County Subdivision Regulations shall be provided by the subdivider prior to final approval by the County Commissioners. • This condition is substantially met with the infrastructure requirements of Kalispell SID #344. 19. The final plat shall be in substantial compliance with the plat and plans submitted for review, except as modified by these conditions. • This condition has been met per review of the face of the final plat and where plans have been modified to bring them into compliance with the City of Kalispell Design and Construction Standards and Kalispell Subdivision Regulations. 20. The developer will work with the Flathead County Road Department to ensure dust control of Demersville Road south of Foys Lake (Bend) Lane until such time that Demersville Road is paved. 0 The portion of Demersville Road .in question has been paved per this condition. SECTION 1:1. That the application of Montana Venture Partners, LLC for final plat approval of Old School Station in Section 33, Flathead County, Montana, is hereby approved. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR. OF THE CITY OF KALISPELL THIS 21 ST DAY OF FEBRUARY, 2006. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com February 14, 2006 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Final Plat for Old School Station Dear Jim: Our office has received an application from Marquardt 8s Marquardt Surveying, Inc. for final plat approval of Old School Station Subdivision that plats 17 industrial lots on approximately 55.13 acres. The site is located on the east side of Demersville Road just north of the Rocky Cliff and US 93 Intersection. The property can be described as Assessors Tract 2 in Section 33, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Flathead County Commissioners granted preliminary plat approval on May 12, 2005 subject to 21 conditions. On June 6, 2005 the Kalispell City Council annexed this preliminary platted subdivision into the city of Kalispell. Subsequent to that annexation, the final plat of Old School Station has been submitted to this office for final plat review and approval. All of the conditions have been adequately met or otherwise adequately addressed. Please note, many of the conditions do reference compliance with Flathead County standards as this project was initially proposed to be developed as a rural subdivision. Subsequent to annexation, those conditions of approval now are being interpreted to require compliance with the comparable Kalispell urban standards as found in the Kalispell Construction and Design Standards and other city documents. Remaining public infrastructure necessary to complete the subdivision is secured by Kalispell SID 344. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No 1. The internal subdivision roads shall be designed by a licensed engineer and constructed with a minimum 60-foot right-of-way, a 20- foot travel surface, and 66-foot radius cul-de-sacs, in accordance with the Flathead County Subdivision Regulations. • This condition has been met. Morrison Maierle, Inc. designed the road system in compliance with the city of Kalispell Design and Construction Standards per letter from Frank Castles dated November 17, 2005. Condition No 2. The developer shall install a stop sign and road identification sign at the intersection of Demersville Road and all subdivision access roads in accordance with Section 3.9(1)(8) of the Flathead County Subdivision Regulations. • The required signage is part of the overall infrastructure package to be constructed under the pending Kalispell Special Improvements District #344. Condition No 3. The roads within the subdivision shall be signed in accordance with the policies of the Flathead County Road Department and the Uniform Traffic Control Devices Manual. • The roads within the subdivision shall be signed in accordance with the Kalispell Design and Construction Standards and the Uniform Traffic Control Devices Manual and shall be installed as part of the overall Kalispell SID #344. Condition No 4. The developer shall obtain and show proof of valid approach permits for the subdivision from the Flathead County Road Department. • This condition has been adequately addressed. Copies of the Flathead County Approach permits are attached. Condition No S. A letter from an engineer licensed in the State on Montana shall certify that all improvements have been installed to specifications. This certification shall include all roadways, drainage systems and sidewalks. • This condition can be met. All improvements will be installed under Kalispell SID #344. Prior to final acceptance of all work, this certification shall be secured. Condition No b. All internal subdivision roads shall be paved. • This condition has been adequately addressed. The roads shall be built to the Kalispell Design and Construction Standards and approved by the City. The construction drawings have already been approved by the Kalispell Public 'Clf]'orks Department per attached letter from Frank Castles. Condition No 7. The applicant shall pave Snowline Lane and Demersville Road from its intersection with Snowline Lane south to its intersection with Rocky Cliff Drive. • The paving of these road sections has been completed. Condition No S. The developer shall dedicate a 15 foot pedestrian/bicycle easement on Lots 1, 9, 10, 11, 12, and 13 along Demersville Road. • This condition has been met. The easement is shown on the final plat. Condition No 9. A property owners association shall be formed which will require each property owner to bear his/her pro -rates share for road maintenance of the internal subdivision roads and maintenance of common areas. • This condition has been met. A home owners association is provided for to address the maintenance of the proposed common areas. Note, the internal road system will be dedicated to, owned and maintained by the City of Kalispell per this final plat. Condition No 1©. The applicant shall receive physical addresses and name all roads in accordance with Flathead County Resolution # 1626. The addresses and road names shall appear on the final plat. • This condition has been met per the face of the final plat. Condition No 11. Lot owners are bound by the soil disturbance and weed management plan to which the developer and the Flathead County Weed Department agreed. • This condition will be met per the construction standards of the proposed SID. All disturbed area will be re -vegetated according to a plan approved by the Kalispell Public Works and Parks Departments. Condition No 12. All storm water, water and sewage treatment facilities and drainage plans shall be approved by the Flathead City -County Health Department and the Montana Department of Environmental Quality at the time of development. A dry sewer line will run from the level II central collection system to the county R/ W. • All storm water, water and sewer plans have been approved by MDEQ per attached letter. These facilities will be built according to the Kalispell Construction and Design Standards and operated as Kalispell municipal facilities and as such are part of the proposed SID #344. Condition No 13. A letter be obtained from the Somers/ Lakeside Fire District stating that the fire access and suppression system has been reviewed, approved and installed in accordance with its requirements. • The Kalispell Fire Department has reviewed and approved the plans per letter from the Kalispell Fire Marshall dated January 26, 2006. Condition No 14. All utilities shall be placed underground to abut and be available to each lot, in accordance with a plan papered by the utility companies. Utilities and easements shall comply with section 3.17 and 3.18 of the Flathead County Subdivision Regulations. • This condition has been met. All utilities will be installed underground per Kalispell SID #344. Condition No 15. Any lighting used for the business park shall be directed in such a way as to be contained within the boundaries of the property and shall be hooded, screened, or directed in a manner that it shall not be detrimental to the adjoining property owners or the neighborhood. • This condition has been complied with per letter from Todd Folley, P.E. of Morrison Maierle, Inc. stating that the street lighting has been designed in compliance with the City Street Lighting Standards. They will be installed in accordance with Kalispell SID #344. Condition No 16. The applicant shall provide a common off-street mail pick-up facility and vehicular pull -off in compliance with Seciton3.22 of the Flathead County Subdivision Regulations. *This condition has been complied with per letter from Eldon Marvel, LISPS. Condition No 17. The following statements shall be placed on the face of the final plat: a. All address numbers shall be visible from the road, either at the driveway entrance or on the house. b. The property owners association shall be responsible for maintenance of the private roadways and Common Areas. c. All utilities shall be installed underground. d. Lot owners are bound by the soil disturbance and weed management plan to which the developer and the Flathead County Weed Department agreed. e. This subdivision is approved for uses authorized in the 1- 1 zoning district only, by permitted or conditional use permit as indicated in the regulations. Residential uses are strictly prohibited. f. Waiver of Protest Participation in Special Improvement District (Owner) hereby waives any and all right to protest which it may have in regards to any attempt to be made by a local governmental entity, to initiate a Special Improvement District which includes Subdivision, shown on the plat therefore, for any purposes related to roads, water facilities and systems, and sewer facilities and systems, set forth in Sections 7-12-2102 and 7-12-4102, M.C.A.; provided however that understands that (he/she/it/they) retains the ability to abject to the amount of assessment imposed as a result of the formation of a Special Improvement District, including the right to object on the basis that the property is not benefited by the Special Improvement District. agrees that this covenant shall run to, with and be binding on the title of the real property described above and shall be binding on the heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the real property shown on the subdivision plat for Subdivision. • All appropriate notes as required by the Kalispell Subdivision regulations have been placed on the face of the final plat. Condition No 18. All required improvements shall be completed in place, or a Subdivision Improvements Agreement in accordance with chapter 8 of the Flathead County Subdivision Regulations shall be provided by the subdivider prior to final approval by the County Commissioners. • This condition has been substantially complied with. All infrastructure is subject to Kalispell SID ##344. Condition No 19. The final plat shall be in substantial compliance with the plat and plans submitted for review, except as modified by these conditions. • This condition has been met per review of the face of the final plat and where plans have been modified to bring them into compliance with the City of Kalispell Design and Construction Standards and Kalispell Subdivision Regulations. Condition No 20. The preliminary plat is valid for three (3) years. *The preliminary plat is valid through May 12, 2008. This final plat has been submitted within the required time frame. Condition No 21. The developer will work with the Flathead County Road Department to ensure dust control of Demersville Road south of Foys Lake (Bend) Lane until such time that Demersville road is paved. + The portion of Demersville Road in question has been paved per this condition. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was approved by the Flathead County Commission on May 12, 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 IT 1 Light Industrial 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 would recommend that the Kalispell City Council approve the final plat for Old School Station Subdivision. Please schedule this matter for the regular city council meeting of February 21, 2006. Sincerely, Thomas R. Jentz Director Attachments: Vicinity map 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 copy of final plat Letter from Marquardt & Marquardt Surveying, Inc. dated 1/26/06 Final plat application dated 1 / 25 / 06 Ltr of preliminary plat approval from Flathead County Commissioners dated 5 / 12 / 06 Ltr from Montana DEQ dated 12 / 7 / 05 Ltr from Kalispell Public Works Ltr from USPS dated 1 / 18/06 Ltr from Frank Castles, Kalispell Fire Dept dated 11/ 17/05 Ltr from Todd Foley, Morrison & Maierle, Inc. dated 1 / 19 / 05 Title report # H 359186 dated 10/ 18/05 Consent to plat from First Interstate Bank dated 11 / 2 / 05 Treasurers Certification dated 1/26/06 Flathead County Approach Permits 11 x 17" Copy of plat c: Marquardt & Marquardt Surveying, Inc., 285 1$t Ave. E.N., Kalispell, MT 59901 Montana Venture Partners, LLC; P.O. Box 1477, Kalispell, MT 59901 Theresa White, Kalispell City Clerk " WE: i € LX January 26, 2006 City of Kalispell .Planning Department 17 Second St. East Suite 211 Kalispell, MT 59901. Re: OLD SCHOOL STATION, Sections 33, Township 28 North, Range 21 West, P.M., M., Flathead County, Montana. Enclosed is the Final Plat application for Old School Station. Preliminary plat approval was granted by the Flathead County Commissioners on May 12, 2005. The conditi.o�;.s ofapltrovIal have been met as follows: The internal subdivision roads shall be designed by a Iicensed engineer and constnicted with. ni.inimum 60-foot right-of-vray, 'a 20-foot gravel surface and 55-'ibot radius cu1-de-SIC5, i1 ccc�:dz «c. with the Flathead County SUbdiv.ision Regulations. The roads have been designed by a licensed engineer and will be constructed to meet the standards. 2. The developer shall install a stop sign. and road identilication sig11 at the intersection of Deaersville Road and all subdivision access roads in accordance with Section 3.9(I)(8) of the Flathead County Subdivision Regulations. Road identification and stop signs will be installed. The roads within the subdivision shall be signed in accordance with the policies of the Flathead County Road. Department and the Uniforin Traffic Control Devices Manual. The roads within the subdivision will be signed in accordance with Kalispell City Street Standards and the Uniform Traffic Control Devices Manual. 4. The developer shall obtain and show proof of valid approach permits for the subdivision from the Flathead County Road Department. Copies of the approach permits are enclosed. 5. A letter from an engineer licensed in. the State of Montana shall certify that all improvements have been installed to specifications. This certification shall include all. roadways, drainage systems and sidewalks. The infrastructure will be provided by the City of .Kalispell. 6. All internal subdivision roads shall be paved. The infrastructure will be provided by the City of Kalispell. 7. The applicant shall pave Snowline La.oie and Den-lersvillse Road from its intersection. with Snowline Lane south to its :intersection with Rocky Cliff Drive. The paving has been completed. TI-1-- t:;. L,. C.cLz-.. L. . ivC pGL e. fir;... ii i...��'C..z-..l:€.: ,.,,,. on Lots 1, 9, 10, 11, 12 and 1. ) along Deni.ersvi 1.1 e ;Road. The easement is shown on the plat. 9. A property owners association shall be formed which will require each property owner to bear his,� wnlaer faro -.raga share :�.r or ro .d maintenance of the internal. subdivision roads and maintenance of Common Areas. No read maintenance agreement will be needed as the property is being annexed into the City of Kalispell. 10. The applicant shall receive physical addresses and name all roads in accordance with Flathead County Resolution #1626. The addresses and road names shall appear on the final plat. The road names and addresses comply with Flathead County Resolution. #1626 and appear on the final plat. 11. Lot owners are bound by the soil disturbance and weed management plan to which the developer and the Flathead County Weed Department agreed. Weed abatement will be in accordance with Ordinance 10-8. 12. All storm water, water and sewage treatment facilities and drainage plans shall be approved by the Flathead City -County Health Department and the Montana Department of Environmental Quality at the time of development. A dry sewer line will be run from the Level Il central collection system to the county right -of- way. The water, sewage and storm water plans are included with the submittal. The approval letter from the Montana Department of Environmental Quality is also enclosed. 13. A letter shall be obtained from the Somers/Lakeside Fire District stating that the fire access and suppression system has been reviewed, approved and installed in accordance with its requirements. The Kalispell Fire Department leas approved fire access and suppression system. 14. All utilities shall be placed tindergrmind to abut and be available to each lot, in accordance with a plan approved by the utility companies. Utilities and easements shall coinply with Section 3.17 and 3.18 of the Flathead County Subdivision Regulations. The utilities will be placed underground. 15. Any lighting used for the business park: shall be directed in such a wav as to be contained within the boundaries of the property and shall be hooded, screened, or directed In a manner that it shall not be detrimentalto the ad)o .,ing 1..,C"i)pe ��' t;1i 114r5 �.t" °t.Fl neighborhood. Refer to the enclosed letter from Todd Foley, P.E. 1.6. The applicant shall provide a coninion off-street mail pick -tip facility and vehicular pull -off in compliance with Section 3.22 of the Flathead County Subdivision Regulations. A letter from Eldon Marvel of the USPS concerning mail delivery is enclosed. 17. The following statements shall be placed on the face of the final plat: a. All address numbers shall be visible from the road, either at the driveway entrance or on the house. b. The property owners association shall be responsible for maintenance of the private roadways and Common Areas. Roads shall be maintained, including necessary repairs and snow removal, to ensure safe all-weather travel for two- way traffic. C. All utilities shall be installed underground. d. Lot owners are bound by the soil disturbance and weed managements plan to which the developer and the Flathead County Weed Department agreed. e. This subdivision is approved for uses authorized in the 1-1 zoning district only, by permitted or conditional use as indicated in the regulations. Residential uses are strictly prohibited. f. Waiver of Protest Participation in Special Improvement District (Owner) hereby waives any and all right to protest which it may have in regards to any attempt to be made by a local goveniment entity, to initiate a Special Improvement District which i.n.cludes -- Subdivision, shown. on. the flat tl:e:.c,for , .rol a'1y of the purposes related to roads, water facilities and systems and sewer facilities and systems, set forth in Sections 7-12-21.02 and 7-12-4102, M.C.A.; provided however that _ understands that (he/she/it/they) retains the ability to object to the i mount of assessment imposed as a resr_rlt Of the f01_Ma!1on Ofa. SpCM! tinprovenien' District 1i.1.L �ioiii:i� iz.;. .x.i�'s i to obi wl %i t€ice _....<....... property is not benefited by the Special Improvement .District. agrees that this covenant shall. run to, with and be binding on the title of the real. property described above and shall. be binding on the heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners o:f the reel property show r, c;€n the SUbdivisloli plat foi S-tbdtvisi0ri. Notes have been placed on the final plat pertaining to City requirements. 18. A.11 required improvements shall be completed in place, or a Subdivision Improvement Agreement in accordance with Chapter 8 of the Flathead County Subdivision Regulations shall be provided by the subdivider prior to final approval by the County Commissioners. The infrastructure will be provided by the City of Kalispell. 19, The final plat shall be in substantial compliance with the plat and plans submitted for review, except as modified by these conditions. The final plat is in compliance with the plans submitted for review. 20. The preliminary plat approval is valid for three (3) years. The plat is being submitted within the allotted three-year period. 21. The developer will work with the Flathead County Road. :Department to ensure dust control of Demersville Road south of Foys Lake (Bend) Lane until such time that Demersville Road is paved. The portion of the road mentioned has been paved. If you have any question please do not hesitate to call our office. Sincerely, Debbie Shoemaker Marquardt & Marquardt SUrveying, Inc. City of Kalispell Planning Department 17 - 2"Street Fast, Suite 211. Kalispell, Montana 59901 Telephone: ('406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: e' cz_-�C_IyNnn . Contact Person: Address: Em Phone No.: Date of Preliminary Plat Approval: Owner & Mailing Address: Q 0 Type of Subdivision: Residential Industrial Commercial _e,"_PUD Total Number of Lots in Subdivision _UL_ Land in Project (acres) 575, I 3 Parkland (acres) No. of Lots by Type: Single Family Cash -in -Lieu $. Townhouse Duplex Apartment Commercial Industrial Condominium Multi --Family Exempt Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Other Legal Description of the Property NTc�r�. J FILING FEE ATTACHED $ a 6 Minor Subdivision with approved preliminary plat $400 + $100/lot Major Subdivision with approved preliminary plat $650 + $100/lot Subdivisions with Waiver of Preliminary Plat $600 + $100/lot Subdivision Improvements Agreement $ 50 Attached Not ARPlicable (MUST CHECK ONE) Health Department Certification (Original) Title Report (Original, not more than 90 days old) f Tax Certification (Property taxes must be paid) _ v^ Consent(s) to Plat (Originals and notarized) ..... Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. Owner(s) 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 E Flathead County Board of Commissionersi (406) 756.5503 Joseph D. Btatmernan Gary A. mail Robes: W. Watne May 121, 2005 ,Ms. Johna Morrison, Interim. lDirreccter Flathead. Count. Plan i* & Zoning Office 1035 I A Avenue West Kalispell.. Montana 59901 RE: Preliminary Plat for OLD SCHOOL STATION ,Dear Ms. Morrison,: Can this date, the Flathead Courmf Board of Commissioners reviewed the preliminary plat of Old School Stations. The Board of Commissioners has granted conditional approval to this request. A, copy of'the conditions, Exhibit A, is at*,ached for yous reference. This prelirr► nary plat approval is in effect for Itree years and will expire on May 12, 2008. Please be advised the applicant, if he so chooses, can appeal any of the conditions placed on this plat based on the Flathead County Subdivision Regulations, Section 7.6, as set forth in the attached Exhibit A -I. Robo W. Watne, -Member Exhibit A, E%Wbit A- I c: MT Venture Partners P. 0. Box 1477 Kalispell, MT 599031477 Coitaty Weed & Parks1)ept. RECEIVED MAY 18 20 Schwar& Architecture & Engineering 100 Financial Dr., Suite 124 i all"ll. MT 59901 County Road D . $00 South Win ** Y.01spell, Montana 59901 *0 Fax (406) 758-5861 EXHIBIT A -I 7.6 APPEALS: Any final action, decision, or order of the go rnTmg body or a regulatio,r adopted pw$wmt to these regulations that is arbitrary or capricious is subject to appeal to District Court, (See Section 76-3 M.C.A,) Conditions, upon Which preliminary plat approval has been granted to told School Station this date of May 12, 2005, are as follows: l . The internal subdivision reads shall be designed by a licensed engineer and constructed with a rriinnnurn 60-foot right-of-way, a zfl-foot travel surface, and 55� foot radius cul-de-sacs, iri accordance with the Flathead County Subdivision Regulations. 2. Tire developer shall install a stop sign and road identification sign at the irne.section of De rersville Road and all subdivision access roads in accordance with Section 3.9[11(8) of the Flathead County Subdivision Regulations. 3. The roads within. the subdivision shall be signed in accordance w;th the policies of the. Flathead County Road Department and the Uniform Trafflic Control Devices Manual. �r 4. The developer shall obtain and show proof of valid approach permits for the subdivision from the Flathead County Road Department. 5. A letter from an engineer licensed in the State of Montana shall certify that all improvements have been installed to specifications. This certification shall include all roadways, drainage systems, and sidewalks, ,' 6. All internal subdivision roads shall be paved. ,,�r 7. The applicant shall pave Snowline Lame and Deniersville Road from its intersection with Snowline Lane south to its intersection witb Rocky Cliff Drive. Thl a developer shall dedicate a 15-root pedestrian/bicycle easement on Leas 1. 9, 10, 1 T, 12, and 1.3 along Derrmersville Read. 9. A property owners association skull be forrued whirr will require each property owner to bear his,'her pro-rata share for road. maintenance of the internal subdivision roods and maintenance ef'Conisno a Areas. I0. The applicant shall receive physical addresses and name all roads in acccrdatrce with Flathead County Resolution #1626. The addresses and mad names shall appear on the final plat. 4.1: Lot om*mers are bound by the soil disturbance and weed management plan to whirl the developer and the Flathead County NVeed Department agreed. 12. AE strum water, water and sewage treatment facilities and drainage plans sbal be approved by the Flathead City -County Health Department and the hlontarra Department ofErivirontriental Qualify at the time of development. A dry seiner line will be run from the Level 11 central collection system to the county right-of-way. Cone bons of Preliminary PlaVold School Station Page 21 13. A letter shall be obtained f orn the Somers/Lakeside Fire District stating that the fire access and suppression systex3 laas been reviewed, approved anti installed in accordance with its regWrements. 14. All utilities shall be placed underground to .abut and be available to each lot, in accordance with a plan approved by the utility companies, Utilities and casements shall comply Nv±th Section 3.17 .and 3.18 of tlac Flathead County Subdivision Regulation& I Any lighting used for the business park shalt be directed in such a way as to be contained within the boundaries of the property and shall be hooded, screened, or directed in a m&nner that it shall not be detrimental to the adjoining property owners or the Facighborhood.. 16, The applicant shall: provide a conmaon off-street mail pick-up facility, and, vehicular pull-offin compliance with Section 3.22 of the Flathead County Subdivision Regulations. 17. The following statements shall be placed on the tame of the final plat: a, :All address numbers shall be viwible from the road, either at the driveway entrance or on the house. b. The property owners association shalt be resporsible for maintenance of the private roadwrys and Comm.or. Areas, Roads shall be maintained, including necessary repairs and snow removal, to ensare safe all-weather travel for two- way traffic, c. All utilities shall be installed underground. d. Lot owners are bound by the soil disturbance and weed management plan to which the developer and the Flathead County "'Feed Department agreed. e. This subdivision is approved for uses authorized in the 1-I zoning district only, by permitted or conditional use permit as indicated in the regulations. Residential uses are strictly prohibited. f Waiver of Pretest 'anticipation in Special Improvement District _ (Owner) hereby waivesany and all right to protest which it may have in regards to any attempt to be made by a local governmental entity, to initiate a Special Improvement District which includes Subdivision:, shown on the plat therefore, for any of the purposes related to reads, water facilities and systems, end sewer Conditions ofFrehminary plat/Old School Station Page 3 facilities and systems, set forth in Sections 7,12-2102 and 7-12-4102, M.C.A..; provided however that understand; that (hev'she/h/they) retsina the ability to object to the amount of assessment imposed as a result of the fomation of a Special Improvement ;district, including the right to object can the basis that the property is not benefited by the Special Improvement District. agrees that this covenant shall. nrn to, with and be binding on the title of the sea: property described above and shhall be binding on the heirs, assigns, successors in interest, purchasers, wid any and all subsequent holders or owners of the real property shown on the subdivision plat for Subdivision 18. All requirod improvements shall be complcted in place, or a Subdivision Improvement Agreement in accordance with Chapter 8 of the Flathead County Subdivision Regulations shall be provided by the subdivider, prior to final approval by the County Commissioners. 19. The final plat shall be in substantial compliance with the plat and plans submitted for review, except as modified by these conditions. 20, The plrelimin&7 plat approval is valid for three (3) years. 21. The developer will work with the Flafhead County Road Department to ensure dust control, ofDernersville Read south of Foes Lake mane until such time that Detnersville Road is paved. 1WOM" L.. i Robert W. Watne, Member :to .p A Are M ernan, Member DEC 1 r, 20 ) :Montana department of ENviR,0NMENTALQUALITY Morrison - Male l h eitzer, Governor P.O. Box 200901 Helena, NIT 59620-0901 (406) 444-2544 www.deq.mt.gov December 7, 2005 Morrison-Maierle Inc Willian-i A Buxton PE 1228 Whitefish Stage Road Kalispell MT 59901 Dear Mr Buxton: RE: Old School Subdivision Municipal Facilities Exclusion EQ#06-1436 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental. Quality relating, to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications roust be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 176-4-111 (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. Sincerehl anet Skaarland Compliance Specialist Subdivision Section (406) 444-1801 --- email jsk.aa:rlarLdkl�n3t.ov cc: City Engineer County Sanitarian file rnforceinent Division • Permitting & Compliance Division • Planning. Prevention $: Assistance Division • Reanediation Division City of Kalispell Public Works Department Post Office Boy. 1997. Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 November 17, 2005 Morrison-Maierle, Inc. 1228 Whitefish Stage Road Kalispell, Montana 59901 Attention: Bill Buxton, P.E. Re: Old School Station, Phase 2 — Infrastructure Improvements Kalispell, Montana The construction plans and supporting documents for the referenced project are hereby approved with the comments listed on the enclosed set of construction plans. We look forward to working with you on this project. Approval does not relieve you from compliance with the standards currently in effect. Sin ly, Frank Castles, P.E. Assistant City Engineer Attachment: As Stated FLATHEAD STATION 248 FIRS' AVENUE WEST KALISPELL MT 59901 January 18, 2006 Planning Board: Old School Station To Whom It May Concern: The above referenced project has been reviewed. A suitable location for mail delivery has been established . Centralized boxes will be installed between the curb and sidewalk centered from each street corner. The developer will be responsible for purchasing the CBUs. The Developer or homeowners individually or collectively will be responsible to keep the roadway and area to the boxes clear of ice and snow. If you have any questions please feel free to call me at (406) 755-0187, Sincerely yours: ro Elden Marvel Manager Customer Services {406Y755.0187 Fax:. (406j 755-€3876 .. �. City of Kalispell Public Works Department Post Office Bow 1997, Kalispell, Montana 519113-1997 - Telephone (06)758-7720, Fax (1(}6)758-7831 ..... November 17, 2005 Department of Environmental Quality Permitting and Compliance Division PWSJCSB 109 Cooperative Way, Suite 105 Kalispell, Montana 59901 Attention: Walter M. Lauder, P.E. Environmental Engineer Specialist RE: Old School Station, Phase 2 -- Infrastructure Improvements Kalispell, Montana Dear Max, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Morrison-Maierle, Inc., for the referenced project. The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the project. Please feel free to call if you have any questions. Sinc iCastles, 1= nk P.E. Assistant City Engineer cc: Morrison-Maierie, Inc. 1228 Whitefish Stage Road Kalispell, Montana 59901 El AoRRlsom EJOU MAIERLE, IN An L`,nployee-owned Company 1228 Whitefish Stage Road P.Q. Box 8057 Kalispell, MT 59901 Phone: (406) 752-2216 FAX: (406) 752-2391 To Whom It May Concern: j Date: 01 f 19/05 ' i Job No.: 0481-006 I Attention: County Commisioners RE: City of Kalispell's Old School Station Development iL Utility Infrastructure As the Electrical Engineer of record for the Old School Station Development Electrical Infrastructure, I will present the following response to comment #15 of the Commissioners' Conditions of Preliminary Plat/Old School Station. "The Street Lighting design meets the City of Kalispell's Street Lighting Standard and the Illuminating Engineering Society of North America guidelines to provide a safe environment for pedestrian use of sidewalks. The fixtures also meet the National Dark Sky standards with full cutoff reflector systems. Property Owners that build on the development must, themselves, meet all of the requirements of the City of Kalispell's Lighting ordinance. This requires that lighting must be contained within the boundaries of the Owner's lot." 312 First Avenue East Randy Brodehl Fire Chief Kalispell, Montana 59901 (406)758-7760 Dan laiehl--Assistant Chief/Operations FAX: (406) 758-7952 Brent L. Christopherson — Assistant Chief/Prevention January 25, 2006 Morrison Maierle, Inc. Attn: William A. Buxton, PE PO Box 8057 Kalispell, MT 59904-1057 Re: Fire Hydrant Location — Old School Station F-. .1111 In response to your request for approval of the above -referenced project, our department approves the hydrant locations for Old School Station, with the following information and conditions: • 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 2003 International Fire Code, Appendix B. • Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. o Fire hydrants will be located/relocated per our meeting of 1/25/06 on an average spacing of 300 feet for commercial development. • Fire Department access shall be provided in accordance with 2003 International Fire Code, Chapter 5. Please contact me if you have any questions. Sincerely, F. Ray Ruffatto Fire Inspector ec. Tom Jentz, Kalispell Planning Office Frank Castles, City of Kalispell Public Works "Assisting our community in reducing, preventing, and mitigating emergencies. " CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, FIRST INTERSTATE BANK, Beneficiary as recorded July 30, 2004 as Document No. 2004-212-16030 and February 1, 2005 as Document No. 2005-032-10410 records of Flathead County, Montana, hereby consent to platting and dedication of land included in the plat of OLD SCHOOL., STATION. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this day of r,F=� , 200 5. FIRST INTERSTATE BANK STATE OFC�` County of ( , A This by _ \V$`�E 'A/?,", `- ` f'9 NOTARY Pi18LIGAOtvTAidfi t tti€i 6 i3t � SEAi;+�w Residir.-y a 1KM-1 PA. i tan L. ExPM My yryryyrr. _ Comm. : ss. 2 0 Of- 4 of First Interstate Bann. Printed Name�rr-E�(� Notary Public for the State of`1c;r i', Residing at �'/__. my Commission expires �EI1. Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY: MARQUARDT FOR: }V ONTANA VENTURE PARTNERS LLC DATE: 9/7/2005 DESCP: OLD SCHOOL STATION PURPOSE: PLAT (TR 2 IN 33-28-21) YEARS 2000 thru 2004 ASSESSOR # 0300150 I 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. ------------- Deputy Treasurer (seal) JAN 2 6 2uuu a ..., NUHU �, jtgCl i.3i.2C_: :.r!r #"' ! •+F:!G f L X4.. i` Nea1w. of k44 i cant ar BUS1n o JOW i it z .yyyyyy.a Etwu a 2 . Mi l frig mess: J _ /' 1<Af SOP1Cf- pvt 'r _....�:-;,"2 '...0 .'d .. ._..�... .,�_...linclude City, State and 20 CoM Property of �. �.a,,� Vt,cfz."f�ht, �_.�,�:t,.� 1-a 4. Arcq 41ming .lati : IeG So If yes, Attach Regiafia aw W��ifl.. -atI.%t . FYWO g YtatiYisiTnatuL:ald rawt r . re .. irro:....x. r.xiaw...r,.:.._a-y- r r ,.. «-......e..<wu..w,....r........ pw.,s. .......«........ 5, ;J"-1 Swiklm a_.3..3, . �_. a I� ..._ E'�L4 ..:,. 1}iit'"���, _ �=.k •sue J- �t_�.A�B T%l+� V Wmat ts..i may be r4qWdred, as Ta+iM4linedt Irk R.A4 ley bodkwc, W QUI;WMUL EiX:3dAlrj In. Nde. th mm&a; Maths C.`► ty Road DoWtwrxt "or" a plfc 'ml f for aura wa oi rvjairs, also to pay necessary recording fee . If required. Mmme of Surety ompwany;..... ... �__ _ . __, ._, _�.,.._ ._t�.....:. w.. .•.... ,_ �..� _m,..y.w.._--:'.._ Type of vty: 9. Lucatini must Le i la with , posted fox ,pre--carnstrur;tion a"u--:poctlon.. W sa d: All right-W-way disturbed by'the ari1UPicaa of this gust: be rem accardIng to the spealf icat.l S Of tl'.�- Flat'�004d COAUTY DE$; .. YL-e-d DepartnWit for area a datal"9mt l an and .s •h , a` .{eA �+F ��%:1 P E e -S-1000 the a t*aclu-4-4d 4,�...�` to V?'.ir !R.'r.:ad Department is to tonotified � r � wa :w or SU s h ��xa ��:^!� .arat� ��� �'I:' 1; ''}laicla.l �.«t�.� �;.� i.t•.a#':eacc.r;ii, Applicant will complete a hMs form arul tr4a'iwai t it to the Fl a tt.4 it I..L. i.3i3.1;.v .it:Pa&-d DeP.0 , Td,is anpl icat ion Q for all appr cl*s cm or 'thra C`Udwxty applivccnt has sib both Wdes of applicaticos-,► and -b;ppl catioG is approve?, a wu#:j,;: will made ava la ble tc a ppl icaat . (see re'verue Side) . lot asiggy EC), Nuslicant • f v MADMADMINWIV ROAD Gera.`. D06n U61 (..' ktu!: C*WI' U,11 i t QUIS ..h : tm ..........:...._........p....yr(:..n:.t�s�...... ..:..rfp.........._............P..»..!'.....n`-...... ...'r..:..... ........ ,... .:.. ......:: ..iY_..... ............ -.... .....:.-...., r .. .:.......... i-".�`r.'h A. i..FS�%�.'�4�!+.�:�A� i.�t.+,�i�. �1 y��[ d.i"A�Y� ✓5'.%=i�i:�3 :..'S 1���<i :J`�.A.t ,ti!i �. ire 40t f z;b s"Wife r . 14i Iub,ect to the following tells ad colditiofisr toe psrd t applierd tot upon thi reverse oide, horeat, is bereby granted: 1. V110. This pereeit shall be in full terse sad in effect fro the date horeel until rmkad iil Wild provided, t. tOWITI(E. ibis parait may be revoked by the Catatg 11pal giving if drys lotice tti fersr.tt.tee ky .0t4Akry fail, dific ed to the address aim is the applicition bereto attacked,. but the Canty rebarves the right to revoi t tbia ile rl it withtrw t givixg said Notice is tide event Peraittee breaks any of the. cnaditloos or terms set foal htreia, 1, C41d111 flu 1M. go fort aball be cool locael fatit feeraittas Notifies the C09ety authorisra# reprassstativro, is listed as the Wet of this application, as to the propw$4 caamesceoost of fort. 4. 2110II$ a MOST. If the-Coalty Chilgeo tiglleray, sacersitat og Cillo9s is.fatr'ucture or ipstali.lulose Unglsr this permit, Peraittes >vl~ail sake ifeCelegary cbaagas teithOtt agpmse to Coulty. 3: 11UM11K 01 FIWMW MUMATIOU. $emflilal of 1paveseet not be preceded by sarriaeg the pglstitg povestiat amid the areatsl to be resoved, iloplicesest base and subbase materials post be 0es408:ted to a eii,i.iaees of M ralativo +Ieraesity. leplacemaatt eE pavesoat east be aacooptiskad vitkiat five thl days of paveexeet resavail. 4. -.103M UVD IMSM MOU CUII1d, in accepting this permit, the forsittom, itsthis auceassots or designs. agree to protect the County sad save it Jaaraless from all claims, actiomij gr da!mayii of "Y ]rind 4.44 d4salptiam Wblvi may accrue to, at be suffered by, any persoo, or pervoao,'a:ae "rations, or propett.y by. reasom of tot porforum of aaiy Ouch @ork, character of eloterials used, or easier of lalstillatiomo, soistel"Of sled apsrat os, or by tba ilprOger nccmptmry of said bighmay rigbt-of-say, nod In c se of ley slit or action br vVit it-jitst eke. Cos sty aid araolag opt of,, o,t by rease of, All of the above caaaeos, the fervittee, Its ill anevessoril or assigns, will.vot notice to lt"'MA ,ef toy Di nob action, defend the out at italhIs shale felt and erpease teed aitiptr any didgmemt which say be toadere$ igairist tto courlt:y is asy Sult....or actiaa. 91=1101 Of 11011C. Imsefar as the iratarests of tka dainty aid the tr>tarslieeg itolt.Iic are +toscerrled, all work performed under this permit shall lie dame under the sapervistoo of 0O.Coluty.1toad Aeparteiest agd ;it=o avthariaap representatives, and b0they aetml1 iaaliarats tke traffic control devices, the lights thereof at' aigki, pieviog of flageta i:ad Watchmen, the acceptable "Door in Aleb traffic in to be hagdlad, and shall specify to Pelroittee bow reard ; tgrf<aca io to be replaced if it is disturbed darnel operaetionv, but said ssporvisloa shall is ed may operate to raliaawe or diseholq* Perelittee trace any of the 014319atioas saarateed by aceweptasee of Chia Pettit sled especially tWoe sot fo.th us.&I Oerotiaa i WOOL A. #101 lY DUInji. if the sort done eider this permit interferes in '341 vay Waif the dralaago of thw C0.0ty kigheaj affected, Peersittee shall, at itslhis ovx expanse, sate suck provisions as the Canty It Or et to tale care of said drainage. g. inam in Dallis. spun completion of work coettoplateA seder this porn to all rabbiso red aforts ailaall bs 146e4141oly resovad ani resdvay and roadside left is a meat gad prosslUblo coeditias setirfactory to flea Conty. Ia. !sill o Ifs sitllmTIRG by CtiM , ill xork Coeeteimplitied adder this permit shall he dfeae under the suporvivioa eft M to the oatisfacUoz of ,her oatbor4sed represcatativt of tke (;M.ety, old time Caueity heroby: rnoorvelr the right to Birder the r Change of location or removal of 441 atrvctxre of installstio4l alth6risad by this permit at aay tile, weld chatagea at rosoval to he wade it the stale lit+wis of the Feraittee. 1a. CQIFm'I Is 1108? in TO Is TIMBRMIM bll , ill ascb changes: ratmotlstroctinq, and relocitiaid sbal . btu defile by ilersittes is such a singer as Vi:ll cause the least interferen:r vide 34y of the Couaty'a gork, and eke Cquaiy nas.11 in ea way be liable for any damage to the Permittee by rnsom of icy such wart by the cogsty, its semi, c°°alrtractare, her represegtativea, of by the esercise of avy &rights by tie Catisty apaa the higprewys 41 the 14mllitin o€ structatas ylactd ender this permit. fl. aemiOTU of 11"At,l,7rlotp OF MCC*sill. Unless waived by the Cowaty, upon tersileatine of this Permit, the €eral:tcte shad, resove. the lsstalllaation or ltrecturev Csstrsplated by this pprrlit slid restcro tie ilrWm to then iundition 143069 at tie tint of entering tipam the reels under this permit, reasotemblr and ordiria.y Woar 304 toar 444 01ill-W by life flase•nts, or by circrosstances ever which the Pormittee boa so control, excepted, i1, HAIURNANCl it UP1018 QP ppRilIi"M. termittee shall sazeetain, at ito/hiss sole eewpenit 6% ibatfliatloos and amctulea :or whicb this permit is granted, in a ctdditioa satin attary to the 'Cogfity> 14, Catmi?Y NOT btAIM "1 1110s TO 1131AUdllltlss. It accepting thin perysit (to Persittee agraos :fat aa;y ,'l3we ar injury, doom ybo fail instillatigRs or fitruct%rts by a ci�i�ltLrictor vorkieel tot 4{�� tv ar by 4ov Couity tkplojet $i!q&1 ;a construo;ion, alteritioo, repair, aa;utaiaaco, or improvement of 6 County right-011-waY sha11 bf ,t6 teas weld xpease of the Peraittae. 15. itU17Y TO is RRIill4ltISO Pod 111AIRTH 1010 T, upon rteiae# I€illed therefor, Pers{ttee agrees in r=a100y ran-St'Me tee cossty for any expense incurred is re"ir iy surface of roadway flue to pett:toboAt. ac ini€'uilagi+:e: or tialr at3y other damaY.lts to roadvay as a ,result of the work performed under this petait. Dated this ` ':air of locrode ice'' . t't: u!€ilt~iutgh_ii, i.ke PBReei'!!'86 utPnEceei iI .hf fD.egcipcl ir,stca>iLal. re,ty :;t':cepl. 5 t...,. Mv¢siC, .,_ack4a:;; ;,ii'.G ar; -jt is terms inn conditions set + rth tbereia.17 :a'[! }L;; Un5art Nature Of pEami It ) 1, . None of APPI icant or husines,s t #44K1rA.v1# Z,E,vm���+� 1 irae .No (include City, State aW "dip Cedel 3. Property 13�sss of Bch. � � ������r�-�� 4. Area Zoning FAigulatimm; Yes ` No —, it 'ices, kttach vogulUions and clowsi.ti- cyat ims . I+R O Reswesentative Si gmture and Date.- 5 . LUAL: Section dip F 6. Faor txw lan a period is the permit mired: 3. Pemittme awy be required, as outlined In Pol Icy 1fodlcclet, -to obta;ln bonding in oath names; (Flathead Cowity Road Dmwtment "or" awl i to , for assx uc°aa vt canstmctlan jrepatiwrss► ja�fa�Fe yS to pay r.. ces�:�s,,�a€�y r�dIng fees, if t (�alred. _. ieipt 13Cr.wx Name of Surety �•ry: _ ...,.. _..._____... _ .,._.._.:.� �.� .. , ..... Type of Surety: �........�__. . _ A -oat. . Location must be flagged with address posted for pre-"cm9ti.^ucticax ax :pectlon. 10. RA---aeeJ. All right -Of- y d1sturbed by the utilization of tr�is eipprcach lrmst. be, reed according to the specificaticM of the Flathead CUity Wood Dept. Contact w t;i DepartawLt for ar i ndox t i on az,=i s;i f i = t J: o A ,L 11. • Please see tine attachad skamet s for requi. mm-aft s , 12: Road t&rtment is to be wtified urn coo -let ion. ar '.vv for mg cat is-4sfxket;ion, r' ppl i cant will re late this form and tranwit it to tto p1.s1tk'a W C a�ui'tyr ljc� Lept:. This application is for all approacivs on or thra county Mlevi app1 icant has sib both aides of application arl appiicat.ton is ai)pry .z t, a copy w411 be made avallaole to applicant. isee reverse side) . IPpl z cant ...... _. ..,........ +aviy uti rir d Represerktat i e, Title T�'CJ5 t­ .� 3 L•:�'�:+Yti: t ..1:1e:� BOX-0 OF Qlai m, an Nita __.. _.._...._._ „ _......................._` _._. r Subject to the follovimq tern ad conditions, the parlit applied for upeI tit reverse ante, Wrstri, is hereby quotba: I. Toby. Tkis permit shall he is frill force and it effect troll tit dote hereof 4097.1 ravokod as total$ provided. 3. lMATIOR. this permit nay be rtvoked by the cavity volm giiisi 10 days Notice: to Fermittee by orltmary Mail, directed to the address shone is the application hereto attacked, bet the Malty reltrVIS the right to Kevake tit$ pttait 146%t giving said notice it the evest Ftrmittee breaks fly of the tooditiors or torso tot forth hotelat. 1, CMINC ll81! Of 11011. Is work $kill be comailiced ustil Pereitteo satif.iar the Ctumty aotboritis,d rapresrttacivee, as listed on the front of this applicitigs, as to the propterd csmamemcramt of sock. i. CIANS Is 11MIT. It tit County Changes highway, oacessitatlmq Champed iw atrbct.ore or istta.ttatirrsms under this permit, Fermittee shall Mike "cosiary 0441ts without anemlle to C8141ty. S. "snip Ot ?ANW &MAT1011. lltmuval of pnramemt`llit 1Nt Freceded .by giving .4e existi.44 pereeaMt aruald tie area($) to the removed. leplaceseat boat and Whose 1400111a most be casMpaotad to a aiMimum 01 95% relative dimity. loplacement of panmemt rust be aecoMpiisked within five (1) days imt patreseat ratoval. 6. COfm" Binh 8ldIMI "a C1411. 1N accepting this permit. to Fefai ttae, itslhtlt i2feasxots or assiq%lb agree to protect the Comity and care it haraless fros all Allies, 4040410 or duopt of Nall kind'. sag deaCristio,t rhicb may acatrve to, or be suffered by, fay "tool, or persona, corporations, or propriety by roarer of the Prrtsrraeco of Nay snot orb, character of materials used, of moaner of iastallatioss. naiateloace am operation, at by as lWIlraper WC49440y it 8axid bighway right-of-way, led 30 cite of any salt or actium brvoght agelast the County Ned erialeg out ar, of by realer i;f, any of the above causes, the ltrs tees, itslhis amccessors or assigns, will, tool Notice ta,ftlkie of the cou"Coseat at such action, Weed the seat at 141his soli cost and expense lad satisfy ANY Jud4Mest whick rat bt aaadered 4114.4t. tine C640ty io any suit or action. ". P10130101 Of 11AFFIC. Insofar is the interests of the sCoasty and tie travolipf public are.comcermed, all hark Performed ceder this permit skill be does odor the 14pe1118ju < of tie Coapty Road Oepartiest aid its autoarised representatives, and belthey shall indicate the traffic control matrices, the :lightflo too at at Might~, aloe` sg aG flagsses aid watchmen, the acceptable sasm®r In which traffic is to be handled, sad *boll spocify to fors. ttte boa roA surtace to to be replaced if it is disturbed dvelog operations, but said suprrvikioe s6oll in no vay $operate toy rolleve or riiseharge Fersittee from any of the obligations assoeed by acceptance of this permit 4Ad.especially those sot fank slider loctioo 6 bars*(. d. Holvil GR11111911• If the wart dome older this porelt interferes is say gray Vitt that drailals of tit Coatty highway affected, Ftreittee shill. 8 itilkis own expeess, oafs sack provfsioos as the CupMty say diroet to take dirt of gild drainage. s. fit#IISI byR 1116113. llpom completion of work contsmplated under this permit, Ill robbidh old debris mail be itvuediately removed and roadway e+d roadsidt left is a meat sad prosistible condition satisfactory to tie.ioquity. ls. Nil TO RE 1911111111 8T COVITY. III mrork Contemplated vndsr this permit shall bo, drone under the separvisios of iod to the sitisfactial of tit aothorlsed represettitive of the Cavity, and the County boreby remortres t;ba right to order the change of location or rem*vat of army structure of iaotillatiaa 41thoris*4 by this Pettit si Nay tine, acid chatulaa or removal to be made at the sale expeamss of tke ?ermittee. ll. COUlff's RICI! XR"11 11'TUP818A 1112. 111 such Chiayee; roconstro ti4q, amid relocation shill be Una by ttloit:tee in such a tanner as will cause thi Mast iaterfVrenes vitb soy 0 tki Cuustyll work, aid W Efloory shad in sp way be liable for aoy damage to the Fersittee by reason of asv suet Vork by the County. its agents, CrAtr4otors, or representatives, or by the exercise of any rights by tho County up" the higivays by the iaatallat:ioa or strectaret placad index this permit. A. 18NOTAG OF 11SHWATIOIS OF STIIIGTiIIIII. Vilest waived by the Coamty, upon terssinatios ni this eerwit, the persittes atoll remove the iustallatiom or streeturts contemplated by this potnit and renta,re the premises to eke cooditiam exist' at the tits of eaterinq en the sale a4dor thin Pettit, roomxble aisl wdf+mary viar sad tair and 441age by the wslemurits, or by circuosta es over which the Fereittee has so costt*l. excepted. 13. IlAINTRAIfCS AT 91`10186 Of P11111T8R. Fervittee shall maintain, at itsiill Iola eapelse the iastallatloos and structures for thich this perrmit is Stilted, 1111 4 Conditiaty satisfactory to tit Cbupty, 14. COUIITY IIff 6119M FOS DUNS 18 IWIl,6ATIOlbl, Is accepting this permit tho Fermittef agr.00s that awry damage or iajuy done to said iastallatigos or strictures by a contractor vorking the County or by any County eeployoo oagaged is construction, alteration, repair, taiattaisti, or itapruvoeant of the 0. 4Rty fight -of -illy alien be at tha us::le. espease of the Fermittee, i. COUNTY TO is R81114156I1 FAIR 18FAIJ1110 IOADIAT, (loon being billed therefor, Ferxittat. agrees to pm•captly reaboxi€. l:6. county for an'r expense incurred in repairiao surface of rdidaay doe to oatt.lespot, at lnataltaion, at too any uther3 sia"q, to roadway as i result of the cock performed under this permit. Caved this J1_* day of l ..._20. q�ns urdarsigned, the 1017TH' sentioced is the furegoliq instrument, hvrt,,�y iec_p ti thiu ri�getl(Ir '+6ttt 4:1 OF re terms ud conditit1u et forth tterwan. {Iernitts:el #.t`e:aii�...=.tit is WA .c A ...... E g ; ! at..:.. p 1 Y F} IN \, (J PC a i - In lub 49 INNO IF woo INS INS w' (a+ _ .5 FEE N !� `Y� .cq.":i f \ a r = G • -5 3e � y i = SA I- I:H [I4 M A i .4 ... .... ......r.. ...................... .... ... ... .. - - .m.�. S f 4 r r � g`� A w _ AG-$ nL Fa. \ ,r .. ...��.: lk.. ... � i 3 s V) F ON -> Fd,,?S END wP 3 - - � w — _ - WON Er C t�Q, Y .. .. ... .. .. .. A im COX -. 3 \: VICINITY MAP SCALE 1" _ 1700' UIONTANA VENTURE PARTNERS, LLC RE VEST FOR ANNEXATION & INITIAL ZONING- OF I-1 LIGHT INDUSTRIAL) FROM COUNTY I-1 (LIGHT INDUSTRIAL) DISTRICT ON APPROXIMATELY 55 ACRES TWT DATE 5/U/05 FILE# KA— 05 — 11 K-\&\ffite\kaO5_ll.dwg a� NMEPIC FirstAmerican Title Insurance Company A � .. _ m.................. 5 JL "E f]: Form No. 1282 (Rev. 12i16M) FILE NO.: CT-88060 CT-88060 FEE: $125.00 H 359186 SUBDIVISION OR PROPOSED SUBDIVISION: Old School Station SUBuECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES: Montana Ventures Partners LLC 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 lands described as follows: That portion of the Southeast 1/4, Section 33, Township 28 North, Range 21 incest, P.M.M., Flathead County, Montana, described as follows: Commencing at the Southeast corner of Section 33; thence along the South line of the Southeast 1/4 of Section 33, North 89'54'01" West 656.40 feet to the Point of Beginning; thence continuing along the South Line of the Southeast 1/4, North 89`54'01" West 1937.12 feet to the East line of Demersville Road; thence along the East line of the Road, North 00`00'38" West 1.308.42 feet and North 00`01'14" West 639.96 feet; thence North 89°30'33" East 347.34 feet; thence South 37*23,50" East 311.80 feet; thence South 44°53'05" East 575.86 feet; thence South 54'24105" East 430.66 feet; thence South 61'22108" East 63.87 feet; thence South 38'37'04" East 59.63 feet; thence South 28'34'05" East 396.70 feet; thence South 30'07'32" East 719.98 feet to the Point of Beginning. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS: Old School Station (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues and other easements offered for dedication dedication by said Plat are: Montana Venture Partners LLC-Vested Owner First Interstate Bank -Beneficiary Continued... FILE NO.: CT-88060 Page 2 H 359186 (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county taxes for the year 2006, a lien now payable. NOTE: General and special county taxes for the year 2005 and all prior years have been paid in full. 2. Mortgage dated duly 30, 2004 to secure an indebtedness in the principal sum of AMOUNT $984,500.00, and any other amounts and/or obligations secured thereby. RECORDED July 30, 2004, as Doc. No. 2004-212-16030, records of Flathead County, Montana. MORTGAGOR Montana Venture Partners LLC MORTGAGEE First Interstate Bank AFFECTS Premises and other property 3. Mortgage dated January 28, 2005, to secure an indebtedness in the principal sum of AMOUNT $600,000.00, and any other amounts and/or obligations secured thereby. RECORDED February 1, 2005, as Doc. No. 2005-032-10410, records of Flathead County, Montana. MORTGAGOR: Montana Venture Partners LLC. MORTGAGEE: First Interstate Bank AFFECTS : Premises and other property (3) Easements, claims of easements and restriction agreement of record are: 1. Easement to regulate and control the waters of Flathead Lake and its tributaries granted to Montana Power Company, recorded dune 17, 1950, in Book 311, Page 413, as Doc. No. 3010, records of Flathead County, Montana. 2. Declared county road (Demersville Road) along the Westerly boundary as depicted on available county maps. 3. 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. 4. Easement for an electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded November 15, 2000, as Doc. No. 2000-320-08050, records of Flathead County, Montana. 5. Easement for an electric transmission and distribution line or system granted to Flathead Power Co., dated December 26, 1937, recorded August 14, 2002, as Doc. No. 2002-226-08350, records of Flathead County, Montana. Continued... FILE NO.: CT-88060 Page 3 H 359186 6. Plat Notes and covenants as disclosed on the pending Plat of Old School Station. 7. Landscaping buffer areas and easements on the pending Plat of Old School Station. 8. 20 foot landscape, buffer zone, bike & pedestrian path areas as disclosed on the pending Plat of Mountain Vista Estates Phase 1. 9. 10' wide Common Walking Path as disclosed on the pending Plat of Mountain Vista Estates Phase 1. 10. Terms and conditions of Ordinance 1558 for a tax increment district recorded December 22, 2005, as Doc. No. 2005-356-08090, records of Flathead County, Montana. 11. Terms and conditions of Ordinance 1557 for a tax increment district recorded December 22, 2005, as Doc. No. 2005-356-08100, records of Flathead County, Montana. The above described property is located within and subject to the jurisdiction of the Somers Fire District. DATED: October 18, 2005 at 8:00 A.M. f� Subscribed and sworn to before me this; day of.i20; .. !CELLS WAGNER Ry PUBLIC ,� ���i r, 3'sI ; MT Notary Publ ' c for State of Montana NIFi L 275, Residing at` ' � ' My Commission Expiresirf-1 � -- THE END NTRY) 2_.�. &:30ff- 'ROAD ; ROAD —S33 — 4 --N89*57`48"E-�] J— 263i.0,4— 2600.95' S89,35,19"w ' �0, 77.89;' "Thy 1h IS t PUM .'r 09-8, 03 OLD BOUNDARY LINES andthe GomP---..','P',y WEST LINE ar Y. iz Cfi 11. 49' 335.85 A4 N89*3 33 Parcel B 65.22 Acres I 347 *7 x I I L/-, NEW BOUNDARY LINE Co 0, OLD BOUNDARY LINE —N89*58'03"W 930,63' *53'05**E S44 r3030-00' 17.30' z NEW BOUNDARY LINE 0 0 (17 Parcel A po 55.14 Acres SOUTH LINE OF THE N1/2 OF 1666,53' S61 *22'08"E ,,-63.87' 38*,37"04"E —395.63 Paro 10- 32-07 POB--,,_) 1937.120 S89*54-*01"E 2623.52" A I I I IN A I M I I K A KAI-W I IhA PM'r CERTIFICATE OF SURVEY NO. 16337 ,30M' , � SEE DETAIL 'A' .. ........:..:.: . f _ �--f .'S._.. E ''i ;'`i 5 Sr i '>i&Uvu �5u �'0 . Compan f 8 + m