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Staff Report/Final Plat Phase 4REPORT TO: FROM: :�ij:?11:��3111 MEETING DATE: City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Final Plat for Stratford Village Phase 4 November 20, 2006 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com BACKGROUND: At the October 16+h meeting the City Council elected to table the decision on the final plat request for Phase 4 of Stratford Village until infrastructure improvements had been completed for Phase 3. A motion to table Phase 4 until the December 4th City Council meeting was approved 8 to 1. Since the October meeting the developer has been working to complete the remaining infrastructure for Phase 3 and now the improvements have been completed. The Kalispell Public Works Department, in a letter from Frank Castles, Deputy Public Works Director/Assistant City Engineer dated November 13, 2006, has approved of the remaining infrastructure items within Stratford Village Phase 3. Now that those improvements for Phase 3 are complete, the Council can elect to consider Phase 4 at an earlier date than the December 4th meeting. RECOMMENDATION: A motion to consider the final plat request for Phase 4 of Stratford Village and approve the final plat for Stratford Village Phase 4 would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, -!�' �D Sean Conrad Senior Planner Positive impacts once developed. As suggested by the city council. Report compiled: November 14, 2006 Attachment J es H. Patrick City Manager C: Hilzac Corporation, P.O. Box 8226, Kalispell, MT 59904 Jackola Engineering, Attn: Jim Burton, P.O. Box 1134, Kalispell, MT 59903-1134 City of Kalispell Public Works Department Post Office Box 1.99T Kalispell, Montana 59903-1997 -Telephone ( 06)759-7720. Fax (406)758-7831 November 13, 2006 Apex 1, LLC 10 East Roanoke Street, #8 Seattle, Washington 98102 RE: Stratford Village Subdivision, Phase III Gentlemen: p CSC C 9dE �.: ��kH D KALISPELL PLANNING DEPARTMENT i i The requested repairs to the sidewalks and paving have been completed. The Stratford Village, Phase III, city owned and maintained improvements have been constructed in accordance with the approved plans and specifications. The one year warranty commenced on November 9, 2006. Upon receipt of a 10% warranty and maintenance bond covering the city owned and maintained improvements, the city will return the financial security held for completion of the project. If you have any questions, please do not hesitate to contact this office. Since ly, rank Castles, P.E. Deputy Public Works Director/Assistant City Engineer CC: Sean Conrad, Senior Planner Kalispell Planning Office Deb Deist, City Treasurer Thor Jackola, P.E. Jackola Engineering and Architecture Dave Hofstad Hilzac Corporation P.O. Box 8226 Kalispell, Montana 59904 City of Kalispell Planning Department 17 - 20d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com October 10, 2006 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Stratford Village Phase 4 Dear Jim: This is a request for final plat approval for Stratford Village Phase 4, a residential subdivision creating 3 single family and 20 townhouse lots on approximately 3.36 acres. The subdivision lies west of South Meadows and Ashley Park subdivisions, south of Lone Pine View Estates subdivision and east of the Burlington Northern Railroad right-of-way in the southwest part of Kalispell. It lies at the current terminus of Bluestone. The property can be described as a portion of Assessor's Tract 6L located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The subdivision was given preliminary plat approval by the Kalispell City Council on July 6, 2004 subject to 14 conditions. The preliminary plat was approved with conditions as outlined below. The following is a discussion of compliance with each of these conditions as well as findings of compliance with the city subdivision regulations and zoning ordinance. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. • This condition is met. The final plat complies with the approved preliminary plat. Condition No. 2. That the infrastructure serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Final Plat for Stratford Village Phase 4 October 10, 2006 Page 2 Kalispell. 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 reviewed and comply with the City standards. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). • This condition is met. A letter from Jackola Engineering dated July 27, 2006 states that the infrastructure has essentially been completed in accordance with the approved plans and specifications. A letter from the Kalispell Public Works Department dated October 10, 2006 approves of the infrastructure installed to date. Condition No. 3. The developer obtain a letter from the Kalispell Public Works Department stating that the development of this subdivision does not adversely impact the storm water retention capacity for the subdivision. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). • This condition is met. A letter from Jackola Engineering dated July 27, 2006 states that the storm water retention provisions were constructed to handle all four phases of the Stratford Village Subdivision. Additionally, the Public Works Department approved the construction plans and supporting documents including the storm water retention area in a letter dated September 3, 2004. Condition No. 4. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual. • This condition is met. The road is named and street signs are in place as per a letter from the Kalispell Fire Department dated September 11, 2006. Condition No. S. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with Uniform Fire Code (1997) Article 9. • This condition is met. Fire hydrant locations and fire flows have been approved by the Kalispell Fire Department per a letter from the Department dated September Final Plat for Stratford Village Phase 4 October 10, 2006 Page 3 11, 2006. The road within the subdivision meets the Fire Department's access standards in accordance with the Uniform Fire Code. Condition No. 6. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within a five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). • This condition is met. The Parks and Recreation Department has approved the proposed landscape plans for the boulevards within the subdivision in a letter from the Department dated October 9, 2006. Condition No. 7. The developer shall provide a plan for mail service approved by the U.S. Postal Service. • The developer has indicated that additional mail boxes will be placed along Denver Avenue where existing mail box clusters are located for Phases 1, 2 and 3. The US Postal Service approved this site for all four phases in a letter received by the Tri- City Planning Office on January 16, 2002. Condition No. 8. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. • This condition is met. Street lighting is in place and shielded so that it does not intrude unnecessarily onto adjoining properties. Condition No. 9. That the parkland dedication requirements be met with the payment of cash in lieu of parkland of 11 percent of the unimproved value of the area devoted to lots or $3,552. (Kalispell Subdivision Regulations, Section 3.19). • This condition is met. A check in the amount of $3,552 was submitted in conjunction with the final plat application. Condition No. 10. All utilities shall be installed underground. Kalispell Subdivision Regulations, Section 3.17). • This condition is met. All utilities have been installed underground. Condition No. 11. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. This condition is met. All infrastructure work has been completed for Phase 4 and no bonding is required pursuant to a letter from Jackola Engineering dated September 1, 2006. Final Plat for Stratford Village Phase 4 October 10, 2006 Page 4 Condition No. 12. That this subdivision is included in the homeowners association for the maintenance of common areas based upon a pro-rata share of costs. • This condition is met. The lots within Phase 4 are included in the Stratford Village Homeowner's Association. Condition No. 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. • This condition has been met. Revegetation has been completed in conjunction with the necessary infrastructure. Condition No. 14. That preliminary approval shall be valid for a period of three years from the date of approval. • This condition has been met. The preliminary plat has been submitted prior to the expiration of the preliminary plat approval which is July 6, 2007. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning for the property. RECONMIENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Please schedule this matter for the October 16, 2006 regular city council meeting if possible. You may call me at 751-1852 if I can be of assistance to you regarding this matter. Sincerely, Sean Conrad Senior Planner Final Plat for Stratford Village Phase 4 October 10, 2006 Page 5 Attachments: 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat 1 lx17 reduction Final plat application dated 6 / 10 / 06 Letter from Jackola Engineering addressing each of the conditions dated 9/ 11/06 Letters from Jackola Engineering dated 7 / 27 / 06 and 9 / 1 / 06 Letters from Kalispell Public Works Department dated 9 / 3 / 04 and 10/ 10/06 Letter from the Kalispell Fire Department dated 9/ 11/06 Letter from Kalispell Parks and Recreation Department dated 10/9/06 Letter from the USPS dated 1 / 16 / 02 Letter from DEQ dated 9 / 27 / 04 Title report # 177332-FT dated 7/31/06 Consent to Plat from Glacier Bank dated 8 / 23 / 06 Treasurer's certification dated 8/ 14/06 Homeowners Association Covenants dated 9/28/06 c w/attachments: Theresa White, Kalispell City Clerk c w/o attachments: Hilzac Corporation, P.O. Box 8226, Kalispell, MT 59904 Jackola Engineering, Attn: Jim Burton, P.O. Box 1134, Kalispell, MT 59903-1134 City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project / Subdivision Name: Contact Person: '•• P/ b•. �L � it � /i ' • • I. •i► Date of Preliminary Plat A Type of Subdivision: Residential ✓, Industrial Total Number of Lots in Subdivision Z 3 Land in Project (acres) 3-30 AC, Parkland (acres) �� Cash -in -Lieu $ ✓ No. of Lots by Type: Single Family 3 Duplex Commercial Condominium Townhouse ;?_tO Apartment Industrial Multi -Family Owner & Mailing Address: PE X 1. L Commercial PUD Other Mobile Home Park Exempt Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property SEE I Ti- Ctlr__L� FILING FEE ATTACHED $ (� Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement $400 + $105/lot $650 + $105/lot $600 + $105/lot $ 50 1 Attached Not Applicable (MUST CHECK ONE) Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised t#at the County Clerk & Recorder requests that all subdivision final plat a cations be mpanied 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 2 O S n 4 �A'iYiit�re. SurveY�^9'� aJ Mr. Tom Jentz Tri-City Planning Office 11 Second St. East, Suite 211 Kalispell, Montana 59901 September 11, 2006 KALISPELL PLANNING DEPARTMENT Re: Final Plat SUBDIVISION PLAT OF STRATFORD VILLAGE, PHASE 4 Sec. 19, T28N, R21W, PMM,M, City of Kalispell Dear Tom: Enclosed review on the conditions for for your review above referenced approval are as is the data for Final Plat Subdivision. The following follows: 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. The Subdivision is in compliance with the conditions of approval. 2. That the infrastructure serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell. 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 reviewed and comply with the City standards. See enclosed engineer's letter (P)406.755.3208 (F)406.755.3218 PO Soxl 1 34 -1 830 3R' AVE E SUITE 302, KALISPELL,MT.59901 3. The developer shall obtain a letter from the Kalispell Public Works Department stating that the development of this subdivision does not adversely impact the storm water retention capacity for the subdivision. See enclosed letter from Public Works dated Sept. 3, 2004. 4. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual. All roads have been named and signed in accordance with policies of Kalispell Public Works. 5. The following requirements shall be met per the Kalispell Fire Department. a. Water mains designed to provide minimum fire Flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. b. Fire hydrants shall be provided per City Specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in Accordance with Uniform Fire Code (1997) Article 9. See enclosed letter from Fire Department City Of Kalispell. 6. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within a five foot landscape boulevard developed between the curb and the sidewalk. See enclosed letter from Parks and Recreation (P)406.755.320B (F)406.755.3218 PO BOX1 134 -1 S30 3R' AvE E SLurE 302, KALISPELL,MT. 59901 7. The developer shall provide a plan for mail service approved by the U.S. Postal Service. Additional postal boxes have been place at the approved site for Phases 1, 2, and 3. 8. Street lighting shall be located within the Subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. Street lighting is provided as per all previous Phases and per approved drawings. 9. That the parkland dedication requirements be met with the payment of cash in lieu of parkland of 11 percent of the unimproved value of the area devoted to lots or $3,552. Enclosed check in the amount of $3,552.00 for Parkland. 1O.All utilities shall be installed underground. All utilities have been installed underground 11. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. All infrastructure has been installed 12. That this subdivision is included in the Homeowners association for the maintenance of common areas based upon a pro-rata share of costs. Homeowners documents have been prepared. 13.All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. All areas disturbed by development will be re -vegetated with a weed -free mix after completion of development of the lots. 14. That preliminary approval shall be valid for (P)406.755.3208 (F)406.755.321 8 P❑ Box 1 34 -1 B30 3RD AvE E Surtr 302, KALISPELL,MT. 59901 a period of three years from the date of approval. (July 6, 2004) This condition has been met. Should you have any questions, please do not hesitate to contact me. Thank you. I remain . . . . . 4S' cerely amen H. Burton (P)406.755.3208 (F)406.755.321 8 PO BOxI 1 34 -1 830 3"' AvE E SUITE 302, KALISPELL,MT. 59901 ECEOVED 28 2006 KALISPELL PLANNING DEPARTMENT July 27, 2006 City of Kalispell Planning Department Attn: Tom Jentz, Director 17 Second Street East, Suite 211 Kalispell, MT 59901 Re: Stratford Village — Phase IV Final Plat Approval Dear Sir: This correspondence is to inform the City of Kalispell that Stratford Village, Phase IV improvements are now completed and application for final plat approval is being requested. The work has been performed essentially to the approved plans and specifications. As - built drawings will be provided to the City Public Works Department in the very near future. The storm water retention provisions were provided initially in the project to handle all four phases of the project, which was approved by the City of Kalispell Public Works and performance has been effectively achieved. Easements have been provided as necessary and are shown on the final plat. This letter is in response to items 2 and 3 of Resolution No. 4896. Please contact us if you have any questions. Sincerely, Xhbr- . Jac a, PE Jackola En ering & Architecture, PC cc. Norm Sanderson — Apex I, LLC Dave Hofstad September 1, 2006 City of Kalispell Planning Department Attn: Tom Jentz, Director 17 Second Street East, Suite 211 Kalispell, MT 59901 Re: Stratford Village — Phase IV Request for Final Plat Approval Dear Mr. Jentz: Phase IV work is completed, and the Final Plat is now being requested. No bond requirements are necessary for Phase IV as the construction is all in place. All the work has been requisitely completed per plans and specifications and in accordance to City standards. We respectfully request approval of this Final Plat request. Please contact us if you have any questions. Sincerely, & Architecture, PC cc. Norm Sanderson — Apex I, LLC Frank Castles — City of Kalispell Public Works •r.rrrrr • T R • • q LA • • WE ' Ce •sS�o�,�� .Tit,6 City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 �I�Ihli hII� I I�� llld ln�,i h�a,•{�= �I 6� �Li I�lll�li� September 3, 2004 Jackola Engineering, P.C. P.O. Box 1134 Kalispell, Montana 59903 Attention: Thor Jackola, P.E. RE: Stratford Village, Phase IV Kalispell, Montana Dear Thor: The construction plans and supporting documents for the referenced project are hereby approved. Attached is your cry of the letter of approval sent to the Flathead City -County Health Department. We look forward to working with you on this project. Sint r ly, -Z* Frank Castles P.E. Assistant City Engineer Attachment: As Stated City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758--7831 October 10, 2006 Thor A. Jackola, P.E. Jackola Engineering P.O. Box 1134 Kalispell, Montana 59903 Re: Stratford Village Subdivision, Phase IV Dear Mr. Jackola: p C"C ERVE KALISPELL PLANNING DEPARTMENT The City of Kalispell Public Works Department hereby approves the existing, completed improvements except the landscaping for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: 1. Prior Jackola Engineering letter(s) 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. Our video records of the sanitary sewer system. The one year warranty period for the City owned and maintained existing, completed improvements will commence upon receipt of a warranty and maintenance bond for ten percent of the construction cost of the City owned and maintained improvements. If you have any questions, please do not hesitate to contact this office. Sincer ly Fr k Castles, P.E. Deputy Public Works Director/Assistant City Engineer Cc: Sean Conrad, Senior Planner Kalispell Planning Office Apex 1, LLC 10 East Roanoke Street #8 Seattle, Washington 98102 KALISPELL FIRE DEPARTMENT 312 First Avenue East Randy Brodehl —Fire Chief Kalispell, Montana 59901 Dan Diehl — Assistant Chief/Operations FAX: 75 Brent L. Christopherson — Assistant ChicVPrevention FAX: (406758-7952 IAV- September 11, 2006 Maria Jackola 1830 3 d Avenue East, Suite 302 Kalispell, MT 59901 Re: Final plat approval — Stratford Village Phase IV Dear Maria, In response to your request for approval of the above -referenced project, our department approves final plat application for Stratford Village Phase IV, with the following information and conditions: Fire hydrant locations and fire flows are approved by this department. Fire department access is also approved and street signs are in place. Please contact me if you have any questions. Sincerely, G Brent. L. Assistant cc: Tom Jentz, Kalispell Planning Office Sean Conrad, Kalispell Planning Office P.J. Sorensen, Kalispell Planning and Building Office "Assisting our community in reducing, preventing, and mitigating emergencies. " G1ky of Kalis'Peff �t 3 Parks and Recreation October 9, 2006 Jackola Engineering P.O. Box 1134 Kalispell, MT 59903 35 1't Ave E — P.O. Box 1997 — Kalispell, MT 59903 — PH 758-7717 — Fax 758-7719 — E-Mail jyoung@ kalispell.com Re: Strafford Village Phase 4 Dear Jackola Engineering: This letter is to serve as approval on the proposed landscaping plans for Strafford Village Phase #4 per the plans submitted by your office. It is agreed that if the project is extended the developer will be responsible for bonding for landscaping improvements as specified on the submitted plan for the landscaping at Stratford Village phase #4. Boulevards are to be seeded or sodded to meet city standards. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time bonding and/or letter of credit would be released if it is in place. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely, lard Jennifer Young,J :f Kalispell Parks and Recreation Cc: Sean Conrad, Kalispell Planning Mgr. Customer Services 248 1st Ave. W. Kalispell Mt. 59901-4465 January 16,2002 To: Flathead County Planning Board RE: STRATFORD VILLAGE To whom it concerns: The above referenced project has been reviewed. A suitable location for mail delivery has been established. A centralized box will be installed on Denver Avenue. A suitable turnout has been completed for the carrier to service these boxes. If you have any question, please feel free to call me at (406) 755-0187 Sincerely yours: Elden Marvel, Mgr Cust. Serv. 248 1 st Ave. W. Kalispell, Mt. 59901-9998 (406)755-0187 Fax: (406) 755-0376 RECEIVED JAN 16 2002 TRI-CCTV PLANNING OFFICE Montana Department of ENvmonumAL Q Judy Martz, Governor P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.state.mt.us September 27, 2004 Jackola Engineering & Architecture PC PO Box 1134 Kalispell MT 59903 Dear Mr Jackola: RE: Stratford Village Phase 4 Municipal Facilities Exclusion EQ#05-1496 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. 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 must 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. This file has been mailed to the Public Water Supply Section, Kalispell Office for their review. Sincerely, Pariet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 —email jskaarland@state.mt.us cc: City Engineer County Sanitarian file Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division ub/ZZ/zuuo tub 14:uz raA 4vo ioa acio JBunv-La nuis-L tGu11u6 - 4W -, - CONSENT TO PLAT We, the undersigned, GLACIER BANK, do hereby consent to the platting of the real property described as "SUBDIVISION PLAT OF STRATFORD VILLAGE, PHASE 4", attached hereto, and by this reference made a part hereof. GLACIER BANK BY ----- STATE OF MONTANA ) SS County of Flathead ) On this iga'_�day of _.,�j sq? q ________1 2006, before me, the undersigned, a Notary Publti'for the State of Montana, personally appeared �� '___ �Q ��;�, and known to me to be the •_��_ z/- of GLACIER BANK and who subscribed_ name to the within instrument and acknowledged to me that �executed t e same. otary Public r the St of Montana NOTARIAL. Residing at,_, _�„�L ��e SEAL M Commission xD y ;�� .�1� �' B'j; • : `yet: Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only JACLOLA BY: FOR: APEX I, LLC DATE: 7/6/2006 DESCP: 5TRATFORD VILLAGE PA 4 PURPOSE: PLAT (TR 6L IN 19-28-21) 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. zags Deputy Treasurer (seal) MEMORANDUM OF AGREEMENT -2 00+ THIS AGREEMENT is made and entered into this � day o r, -�88� by and between: STRATFORD VILLAGE HOMEOWNERS ASSOCIATION hereafter referred to as Association APEX I, LLC 10 E. Roanoke #8 Seattle WA 98102 hereafter referred to as Developer. A. The Association owns, maintains and repairs the alleys, retention area and street lights in the subdivision known as Stratford Village as shown on the plat of this subdivision recorded in the Office of the Clerk and Recorder of Flathead County, Montana. B. Funds for the operation and maintenance of these items are obtained from assessments levied and collected from lot owners of the subdivisions in accordance with the assessment procedures contained in the Declaration of conditions, covenants and restrictions of the subdivision. NOW THEREFORE the parties further agree as follows: 1. After all improvements for each phase have been completed and upon Developer recording the subdivision plat of each phase, Developer shall deliver to the president of the Association a deed which conveys all Developer's right, title and interest in and to the roadways shown on the plat contained within the exterior boundaries of the subdivision. The president of the Association shall accept the deed and record the same upon receiving satisfactory proof that all expenses enumerated above and all county requirements for the construction of the roadways, signs and re -vegetation of disturbed areas have been met. 2. After Association has accepted and recorded the deed, it shall have authority to determine the need for and arrange for the maintenance (which includes sanding, snow removal) the alleys in the same manner as the roadways. This authority includes the right to assess, levy and collect charges from the lot owners of Stratford Village. The amount assessed by the Association and due from Developer for the year 2002 shall be prorated from the time the Association becomes the owner of the alleys. For the years 2003 and thereafter, Developer and subsequent owners of the lots shall be liable for the full assessment levied each year on the lots. 3. Developer will be drafting and recording its own covenants for the subdivision and shall include appropriate language submitting the alleys, retention pond, street lights together with maintenance and assessment power to Stratford Village upon recording the final plat of each phase in accordance with this agreement. The covenants shall further provide that each lot owner in Stratford Village (including Developer) is automatically a member of the Association having one vote for each lot and subject to the Articles, bylaws and resolutions pertaining to road maintenance issues only passed from time to time. 2 IN WITNESS WHEREOF, we, being all of the Directors of STRATFORD VILLAq HOMEOWNERS ASSOCIATION, have heretofore set our hands this 1'2,,,2 day of , 20W, c.__ Norman Sanderson State of Montana, Sounty Flathead On thisx-L of -Ds , 2%+, before me, a Notary Public for the State of Montana, personally appeared Norman Sanderson and David Hofstad known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and year first above written. j tl PUB G1MN'1TAFW J c Notary Public for the State of Montana SEAL E'POA1 21,2008 Residing at Kalispell WA-hI Co" 14 " My Commission Expires DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS STRATFORD VILLAGE This declaration is made this day of , 200� by the undersigned, Apex I LLC, of Seattle, Washington, herein after referred to as "Dec t". WITNESS TO: Whereas, Apex I LLC are owners of the tract of real property to be knows as Stratford Village subdivision, a plat or map whereof will be on file and of record in the office of the County Clerk and Recorder, Flathead County, Montana, and WHEREAS, the Declarant is desirous of subjecting said real property to the covenants, conditions and restrictions herein -after set forth, each of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property, and each and every parcel there of, and shall apply to and bind the successors in interest and any owner thereof, NOW, THEREFORE, Declarant hereby declares that the real property described in Article 1 is and shall be held, transferred sold and conveyed subject to the covenants, conditions and restrictions herein after set forth: ARTICLE 1 PROPERTY: The real property which is and shall be held, transferred, sold and conveyed subject to the covenants conditions and restrictions herein after set forth is more particularly described as follows: STRATFORD VILLAGE: subdivision, according to the plat of map thereof on file and of record in the office of the County Clerk and Recorder, Flathead County, Montana: DEFINITIONS: "ASSOCIATION" shall mean the STRATFORD VILLAGE Homeowners Association, Inc. its successors and assigns. "OWNER" shall mean the record owner of a fee simple title to any lot which is a part of the properties and shall include contract buyers. "PROPERTY" shall mean the real property described in Article 1. "COMMON AREA" shall mean all real property maintained by the Association for the common use and enjoyment of others, including but not limited to parks, conservation area, roadways, alleys, and other areas. "LOT" shall mean any plot of land shown upon any recorded subdivision plat or map of the property with the exception of the Common Area. ARTICLE 2 PURPOSE: The property is subject to the covenants condition and restrictions here by declared to insure the best use and most appropriate development and improvement of each building site thereof to protect the owners of building sites and to appreciate the value of their property; to preserve so far as is practicable the natural beauty of said property; to guard against the erection thereon of structures built of improper or unsuitable material; to insure the highest and best development of said property; to encourage and secure the erection of attractive homes thereon; to adequately provide for a high quality of improvements of said property and thereby enhance the values of improvements made by purchasers of building sites thereof. These covenants are in addition to the requirements of the underlying zoning which is RA-4. ARTICLE 3 LAND USE AND BUILDING TYPE: No business, trade, industrial or commercial enterprise of any kind shall be conducted thereon. No lot shall be subdivided in any manner except that the owner of one lot may acquire, own develop, resell and for all purposes treat as one lot an individual lot together with one half of a contiguous lot. The remaining one half cannot be developed as a half and must therefore, be combined with the contiguous whole lot on the opposite side with the result that two larger lots may be created from three smaller lots. DWELLING SITE: No dwelling shall be permitted on any lot, the ground floor area of which is less than 1250 square feet of living area for a single story dwelling, 900 square feet for duplexes. Multiple story dwellings may not have less than 1300 square feet of total living area, 1200 square feet for duplexes. No single family dwelling shall have less than a two car enclosed garage nor larger than a three car enclosed garage. For the purpose of this paragraph, the basement, porch, steps and garage shall not be considered part of the living area. DWELLING CONSTRUCTION: All swellings shall be constructed on the lot and shall be permanent in nature. Only new materials may be used, except for used brick, beams, and the like if an integral part of the architecture of the building. All construction shall first be reviewed and approved pursuant to the provisions of Article 6 set forth below. BUILDING LOCATION: No building shall be located on any lot nearer than fifteen (15) feet to the front property line, fifteen (15) feet to the rear property line, or nearer than five (5) feet to any side lot line. Buildings on corner lots shall maintain a fifteen (15) foot set back from both streets. Written exception to this requirement may be granted by the Architectural Control Committee. BUILDING EXCAVATION/FOUNDATIONS: As much as possible of the excavated material created during building construction shall be used on the lot to establish proper site drainage and terrain for landscaping. The maximum exposed foundation above grade shall be eighteen (18) inches. All footings and foundations will be of poured concrete or concrete block construction. TEMPORARY STRUCTURES: No trailer, basement, tent, shack, garage, barn or other such building erected or placed on any lot shall at any time be used as a residence, either temporarily or permanently. VEHICLES: Mobile homes, motor homes, trailers, large trucks, unlicenced or unsightly vehicles shall not be parked or allowed to remain along roadways or on the property. Motor homes, trailers, pickups carrying campers, pickup campers not in use, boats and boat trailers shall be placed in a garage or other location where they are screened from view of the residences. ANIMALS: No animals of any kind shall be raised, bred or kept on any lot, excepting that dogs, cats, and other domestic animals may be kept and raised but not for commercial purposes. Permitted animals must be confined to the lot of their owner and not permitted to run at large. GARBAGE: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in covered, reasonably airtight containers. Such containers must be kept in a garage or other enclosed area. ARTICLE 4 AGRICULTURAL COVENANTS AND RESTRICTIONS: Lot owners are advised that agricultural activities are conducted in the immediate vicinity which may produce odors, noise, dust, and involve the utilization of herbicides and pesticides, which can have an effect on this property. Adjacent farms will not be liable for odors, noise, herbicide and pesticide sprays that are necessary in good agricultural operations, providing such sprays are applied in conformance with approved standards by licensed applicators. Adjacent farms will not be liable for adverse ground water conditions caused by agricultural practices, including normal irrigation. 2. Any authorized representative of any governmental agency shall have the right at any reasonable time to inspect the grounds and gardens of any lots of disease -harboring plants, shrubs, or trees, an if found, to require disposal of same by the owner. Each lot owner shall control or eliminate to the extent reasonably possible any noxious weeds as designated by state and federal law that may be growing upon their property. ARTICLE 5 ASSOCIATION: The Association to be formed by Declarant shall have as members the owner of each lot. Membership shall be appurtenant to and shall not be separated from ownership of any lot. Members shall participate in the manner prescribed by the Articles and By -Laws of the Association, and resolutions of the Association's Board of Directors. The Association's purpose is to control, maintain, and improve the common area and provide services and facilities to the owners as it may be determined. PROPERTY RIGHTS: Every owner shall have a right and easement of enjoyment in and to the common area which shall be appurtenant to and shall pass along with title to every lot subject to the following: 1. The right of the Association to charge reasonable admission and other fees for the use, care, maintenance and improvement of the common area and the furnishing of providing other services to the property. 2. The right of the Association to suspend the use or enjoyment of the common area or facilities and services provided directly or indirectly by it for any period during which any fee or assessment against an owner's lot remains unpaid, or for the continued violation of the Articles and By -Laws of the Association or the resolutions of the Association's Board of Directors. 3. The right of the Association to dedicate or transfer all or part of the common area to any public agency, authority or utility for such purpose and subject to such conditions as may be agreed to. 4. Any owner may delegate his right of enjoyment to the common area to members of his family, or contract purchasers who reside on the owner's lot. ARTICLE 6 ARCHITECTURAL CONTROL COMMITTEE: The Architectural Control Committee shall consist of the Declarant until such time as the Declarant deems feasible to assign the duties and responsibilities of said Committee to the Association. ARCHITECTURAL CONTROL: No building, fence, wall, or other structure shall be commenced, erected or maintained upon the property, nor shall any addition to or change or alteration therein be made until plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography and active vegetation by the Architectural Control Committee. In the event said Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required, and this Article will be deemed to have been fully complied with. Minimum plans for review will consist of Site Plan with proposed grading. Floor Plans, Exterior Elevations identifying all finish materials. Not in compliance with the approval of the Architectural Control Committee will not be allowed and the Committee may take any legal action necessary to assure compliance with the approval conditions. FENCES: Owners of lots may have fences between residences and along rear and side lot lines to the rear lot line. The maximum height is six (6) feet. Fencing not exceeding 42"will be permitted on the street side of any lot from the front of the residence to the street property line. LANDSCAPING: No hedge, shrubs or other plantings or any fence shall be permitted which unreasonably obstructs the view of an owner or motor vehicle drivers. All driveways shall be paved asphalt or concrete. Landscaping shall be completed within one year of occupancy. TELEVISION, RADIO ANTENNAS AND SATELLITE DISHES: No exterior television antennas or satellite dishes larger than 18" in diameter will be allowed. Satellite dishes will be screened from public and neighbors view. No exterior radio antennas will be allowed on the premises, except that each premise will be allowed to install one exterior whip -type antenna not exceeding 9 feet in height. In any event, no mast or guy wire, or other operating material or structure shall be permitted, except base fastening mount. WATER SUPPLY: No individual water supply system or systems shall bee permitted on any building site. All water service must be furnished by public water connections. Individual lot owners are responsible to pay any connection charges. SEWAGE DISPOSAL: No individual sewage disposal system shall be permitted. All sewage disposal shall be by connection to the City of Kalispell Sewer District disposal system. Individual lot owners are responsible to pay all connection and monthly service charges to the sewer district. COMMON AREA: The common areas such as parks, alleys, storm drain system, and street lighting shall be controlled and maintained by the Association, provided that all or any part of said areas may be dedicated or transferred to any public authority. Apex I, LLC will retain ownership of the storm retention basin until final platting of the entire Stratford Village subdivision as shown on the Preliminary Plat. At final platting, Apex 1, LLC may transfer the parcel to the homeowners association. SIGNS: Except for the Declarant or its agent, no signs shall be placed on any lot except name plates and one unlighted sign not exceeding three (3) square feet in surface area advertising the sale or lease of the lot or improvement thereon. Newspaper tubes (free standing at the curb) will not be allowed. NUISANCES: No noxious or offensive activity shall be carried on or permitted upon any lot, nor shall anything be done thereon which is or may become an annoyance or nuisance to the neighborhood. By way of illustration and not of limitation, the discharge of fire arms and driving of motor cycles or snowmobiles on the common areas shall be a nuisance within the meaning thereof. BURNING: Open fires are not permitted on the property except for the normal burning of seasonal yard and garden clean up with proper permit if required from local authorities. Outdoor barbecues are not an open fire within the meaning hereof. /41119 le 01 ad TERM: The covenants and restrictions of this Declaration shall run with and bind the property for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended at any time by an instrument signed by not less than Seventy-five (75) percent of the lot owners and approved by the Planning Board of the City of Kalispell, Montana. ENFORCEMENT: The Association, The Architectural Control Committee, or any owner shall have the right to enforce by any proceeding at law or in equity all covenants, conditions and restrictions now or hereafter imposed by the provisions of this Declaration. Failure by the Association, Architectural Control Committee or by any owner to enforce any covenant or restriction herein contained shall in no event be a waiver of the right to do so thereafter. SEVERABILITY: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any of the remaining provisions, which shall remain in full force and effect. ANNEXATION: Additional property may be annexed to the property upon approval of fifty (50) percent of the individual lot owners. IN WITNESS WHEREOF, the Declarant has executed the Declaration the day and year first written above. APEX I, LLC � l C-- (STATE OF MONTANA) County of Flathead) On this P d day of i 200�,_, before me, the undersigned a Notary Public for the State of Montana, personally appeared Norman Sanderson, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set me hand and affixed my Notarial Seal the day and year first written above. 14 9.J41 N, " LINDACRIMMINS g NOTARY PUBLIC-MONTANR *i NOTARIAL *T SEAL Residing at Kalispell, Montana My Comm E pires Jan. 27, M Notary Public, State of Montana Residing at Kalispell, MT Commission expires: 01/27/2008 Subdivision Guarantee Guarantee No.: 177332-FT GUARANTEE Issued by Flathead County Title Company 120 First A ve. West/P. O. Box 188, Kalispell MT 59901 Title Ofcer.• Belinda Doty Phone; (406)755-5028 FAX; (406)755-3299 Form No. 1282 (Rev 12/15/95) Subdivision Guarantee Guarantee No.: 177332-FT Form 1349 CLTA Guarantee Face Page (Revised 12/15/95) First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Flathead County Tide Company AUTHORIZED SIGNATORY Subdivision Guarantee Guarantee No.: 177332-FT SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE Order No.: 177332-FT Guarantee No.: 177332-FT Fee: $125.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Jackola Engineering FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST ONE -SIXTEENTH CORNER OF SAID SECTION 19 AND WHICH POINT IS THE TRUE POINT OF BEGINNING; THENCE NORTH 88024'31" EAST, ON AND ALONG THE NORTH BOUNDARY OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 426.42 FEET TO A POINT AND WHICH POINT IS THE NORTHWEST CORNER OF STRATFORD VILLAGE, PHASE 2, AS RECORDED WITH THE FLATHEAD COUNTY CLERK AND RECORDER'S OFFICE; THENCE SOUTH 00017'08" EAST, ON AND ALONG THE WEST BOUNDARY OF SAID STRATFORD VILLAGE, PHASE 2, A DISTANCE OF 465.20 FEET TO A POINT AND WHICH POINT IS AN ANGLE POINT OF SAID WEST BOUNDARY; THENCE SOUTH 39019'11" EAST, CONTINUING ON AND ALONG SAID WEST BOUNDARY, A DISTANCE OF 30.04 FEET TO A POINT AND WHICH POINT IS A CORNER OF THE COMMON AREA AS INDICATED ON THE AMENDED SUBDIVISION PLAT OF THE COMMON AREA OF STRATFORD VILLAGE, PHASE 1, ACCORDING TO THE PLAT ON FILE WITH THE FLATHEAD COUNTY CLERK AND RECORDER'S OFFICE; THENCE ON AND ALONG THE NORTHERLY BOUNDARY OF SAID COMMON AREA, THE FOLLOWING EIGHT COURSES: SOUTH 50040'49" WEST, A DISTANCE OF 100.00 FEET TO A POINT; NORTH 39019'11" WEST, A DISTANCE OF 99.60 FEET TO A POINT, NORTHERLY, ON A CURVE TO THE RIGHT (DELTA = 49051'28", RADIUS = 74.67 FEET AND RADIAL BEARING = NORTH 54026'20" EAST), AN ARC LENGTH OF 64.97 FEET TO A POINT AND WHICH POINT IS A POINT OF REVERSE CURVE, NORTHERLY, ON A CURVE TO THE LEFT (DELTA = 28004'1811, RADIUS = 195.00 AND RADIAL BEARING = NORTH 64001'32" WEST), AN ARC LENGTH OF 95.54 FEET TO A POINT; NORTH 01050'49" WEST, A DISTANCE OF 17.46 FEET TO A POINT; SOUTH 88019'32" WEST, A DISTANCE OF 140.00 FEET TO A POINT; NORTH 01050'49" WEST, A DISTANCE OF 112.73 FEET TO A POINT; SOUTH 88019'32" WEST, A DISTANCE OF 154.55 FEET TO A POINT; THENCE NORTH 39019'11" WEST, AND LEAVING SAID NORTHERLY BOUNDARY OF THE COMMON Subdivision Guarantee Guarantee No.: 177332-FT AREA, A DISTANCE OF 236.50 FEET TO A POINT AND WHICH POINT LIES ON THE NORTH BOUNDARY OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 88016'27" EAST, ON AND ALONG SAID NORTH BOUNDARY, A DISTANCE OF 133.45 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS "STRATFORD VILLAGE, PHASE 4.- (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: APEX I, L.L.C. (B) Parties holding liens or encumbrances on the title to said lands are: Glacier Bank (C) Easements, claims of easements and restriction agreements of record are: 1. Any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. 2. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 3. 2006 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2005 $954.02 Paid $954.00 Paid 0312901 4. Developer Extension Agreement upon the terms, conditions and provisions contained therein: Parties: City of Kalispell and U.S. Partnership II Recorded: June 5, 1996, Doc. No. 96-157-11320 5. Resolution by the Transportation Commission of the State of Montana for designation of limited access highway, recorded November 14, 1997, as Doc. No. 1997-318-10050, records of Flathead County, Montana. 6. Easement for an electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded June 11, 1999 Doc. No. 1999-162-08450. Subdivision Guarantee Guarantee No.: 177332-iFr 7. Resolution No. 4587 by the City of Kalispell for annexation of certain real property, recorded October 18, 2000 as Doc. No. 2000-292-13260, records of Flathead County, Montana. 8. Trust Indenture, to secure an original indebtedness of $600,000.00, dated May 5, 2004 and any other amounts and/or obligations secured thereby Recorded: June 2, 2004 , Doc. No. 2004-154-12210 Grantor: APEX I, LLC Trustee: Flathead County Title Company Beneficiary: Glacier Bank. (Covers premises and other property) 9. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed on the proposed plat of Stratford Village, Phase 4, , but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). Date of Guarantee: July 31, 2006 at 7:30 A.M. Subdivision Guarantee Guarantee No.: 177332-FT SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or Improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth In said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the Invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided. (c) The Identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured In this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The berm "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of Imparting constrictive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly In writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice Is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to Institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or Interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise Its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise Its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of Its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses Incurred by an Assured In the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in Its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which In the opinion of the Company may be necessary or desirable to establish the tide to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to fumish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of IM or damage signed and sworn to by the Assured shall be famished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, If requested by any authorized representative of the Company, the Assured shall grant its permission, In writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, it is necessary In the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15195) Subdivision Guarantee Guarantee No.: 177332-FT 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienhokler, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attoneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said Indebtedness, the owner of such Indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or Nth the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured daimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, induding any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee Is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth In this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of. - (a) the amount of liability stated In Schedule A or in Part 2; (b) the amount of the unpaid principal Indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with Interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. S. Limitation of Liability. (a) If the Company establishes the tide, or removes the alleged defer, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, It shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litgaton by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the tide, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, In which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. subrogation Upon Payment or settlement Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest In the Company unaffected by any act of the Assured daimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured In any transaction or litigation Involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered Its principal, Interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company In connection with its issuance or the breach of a Guarantee provision or other obligation. Al arbitrable matters when the Amount of Liability Is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. AN arbitrable matters when the amount of liability Is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules In effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land Is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbibrator(s) may be entered In any Court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, If any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In Interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at i First American Way, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12(15/95) Subdivision Guarantee Guarantee No.: 177332-Fr Flathead County! Title Company 120 First Ave. West/P.O. Box 188, Kalispell, MT 59901 Phone(406)755-5028 - Fax(406)755-3299 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fairinformadon Values, a copy of which can be found on our website at www.flrstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved I.1!W:i• �.i564.i-. f� i07 f�WIN 1 1171e's'J C I 4gSl7V' 7447 64.97' 1 28YA1A9' 195.OkT 95.54' \ 3I3DS944' 55.0 133.43, 4 25S441' 56,W 24.87' 5 41402' 55.6v 46M, c 44A1f'A6' s5.ar 41.99' 7 r.3s;2' I49.A7' 5,42' B IOwil, 195.09, 3s.J8' 9 0411L•7' M5.0W 36.3r AO 577W MI39' 16.56' RACIAL BEARINGS LOT AREAS. a - N54707VE IMA 3,572 50, FT. b - 575'42VE "D 3,405 5O fT. a 9,20 50. FT. d - NI6979YXJ N A72A 3,978 SO F7- s - 41'W VX 4 M W FT f - 58734 AYW 034 3, 5!'A9 50. FT. 9 - SW404ZIE 1038 3, 958 SO. FT. h - N42'4039'W A9/ 7,715 50. 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