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Staff Report/Final Plat Phase 2REPORT TO: FROM: SUBJECT City of Kalispell Planning Department 17 - 2u4 Street East, Suite 21.1, Kalispell, Montana 5990.1 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com Kalispell Mayor and City Council Thomas R. Jentz, Director James H. Patrick, City Manager Final Plat for Northland Subdivision Phase 2 MEETING DATE: February 6, 2006 BACKGROUND: This is a request for final plat approval of Northland Subdivision Phase 2, a 33 lot residential subdivision and homeowner's park on approximately 2.112 acres. The property is generally located to the west of Northridge Subdivision and north of Meadowland Subdivision in the west part of Kalispell. This is the second phase of a multi -phase Planned Unit Development that will ultimately contain. 83 residential lots on approximately 30.39 acres. The property was annexed into the city of Kalispell as part of the preliminary plat review process and given an initial zoning designation of R-3, an Urban Single Family Residential in April of 2004. The Northland Subdivision was given preliminary plat approval by the Kalispell City Council on April 5, 2004 subject to 17 conditions. An automatic two-year extension of the preliminary plat approval is granted for each successive phase of the original preliminary plat. As a requirement of the preliminary plat, more than two-thirds of the required improvements have been installed and a Subdivision Improvements Agreement in the amount of $172,731.04 has been submitted to secure completion of the remaining improvements which consists primarily of sidewalk and landscaping. The letter of credit addresses 125% of the estimated cost of remaining improvements. The estimated completion date is July 20, 2006 or sooner. RECOMMENDATION: A motion to accept the Subdivision Improvements Agreement and approve the final plat for Northland Subdivision Phase 2 would be in order. FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Final Plat for Norhtland Subdivision Phase 2 January 30, 2006 Page 2 Respectfully submitted, Thomas R. Jentz AICP' James H. Patrick Director City Manager Report compiled: January 30, 2006 Attachments: Letter of transmittal Final plat application and supporting documents APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 17 day of January , 20 06, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and BRIDGELAND DEVELOPMENT LLP. , (Name of Developer) a LIMITED LIABILITY PARTNERSHIP , (Individual, Company or Corporation) located at 622 ST. ANDREWS DRIVE COLUMBIA FALLS MT. 5991.2 , (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as NORTHLAND SUBDIVISION, PHASE 2 , (Name of Subdivision) located at ASSESSOR'S TRACT 1CA LOCATED IN SECTION 1 TOWNSHIP 28 RANGE 22 WEST P.M.M. FLATEHEAD COUNTY MONTANA. , (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of NORTHLAND SUBDIVISION, PHASE 2 , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit A" • and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 138184.83 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 172,731.04 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: Northland Subdivision, Phase 2 Subdivision Improvement Agreement Page 1 of 1 a. That the creditor guarantees funds in the sum of $ 172,731.04, the estimated cost of completing the required improvements in NORTHLAND SUBDIVISION PHASE 2 (Nance of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by TULY 20 06 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, . grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. Northland Subdivision, Phase 2 Subdivision Improvement Agreement Page 2 of 2 IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide .for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. (Name of (Title) STATE OF MONTANA COUNTY OF A-4 -a: /-/.� v::, On this J'C. day of �1��'ZI r 20 o E` , before me, a Notary Public for the State of Montana, personally appeared `v.0 :t v i L'A i4-`? , known to me to be the w " of yak ":. � t i -VLun , whose name is subscribed to the foregoing instrument and acknowledged td me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my this day and year first above written. RINI N,ot& Public for the State of Montana Residing at f4ut %a _ ,. My Commission Expires a ie a - r ... a.,, sm sw Y a - .yt MAYOR, CITY OF KALISPELL ATTEST: MAYOR. CITY CLERK Northland Subdivision, Phase 2 Subdivision Improvement Agreement Page 3 of 3 Notarial Seal EXHIBIT "A" CERTIFICATION OF WORK TO BE COMPLETED NORTHLAND SUBDIVISION, PHASE 2 SUBDIVISION ROADS & OVERLOT GRADE COMPLETED TO DATE December 9, 2005 Description Unit Measure Estimated QuantityUnit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED E Excavation l 5ub rode Pre C,Y, 51 500 $ 2.22 $ 114 330.00 51 500 $174 330.00 Stabilization Fabric S.Y. 10 230 $ 1.00 $ 10,230.00.10,230 $10230.00 103 Select Subbase C,Y. 4,061 $ 12.50 $ 50 762.50 4.061 $50 762.60 104 3l4" Crushed Gravel C.Y. 1,882 $ 15.65 $ 29 265,10 1,882 $29 265.10 105 4" Ash attic Cement S.Y. 11,965 $ 8.55 $ 102 215.25 11,644 $99 556.20 log Curb & Gutter L.F. 6,639 $ 8.25 $ 53 946.75 6,639 $53 946,76 107 5' x 4" Concrete Sidewalks l Gravel S.F. 32,070 $ 2.90 $ 93 003.00 0 $0.00 108 5" x 6" Concrete Sidewalks i Gravel S.F. 4,372 $ 3.75 3 16 395.00 D $0.00 SUBTOTAL ITEMS 101-109 1 $ 470,147A0 1 $358.090.55 WATER SYSTEM COMPLETED TO DATE December 9, 2005 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 201 8" Water Main L.F. 3 528 $ 15,75 $ $6 566.00 3,628 $55 568,00 202 8" Gate Valves & Boxes EACH 12 $ 955,00 $ 11,460.00 12 $11 450.00 203 8" Ductile Iron Fittings EACH 6 $ 435.00 : $ 2,610.00 : 6 $2 610.00 204 Fire Hydrants wl Aux. Valve & Box EACH 6 $ 2 755.00 ? $ 16 530,00 6 $16 530,00 205 Water Services EACH 33 $ $10.00 $ 16 830.00 33 $16 830,00 206 Connection to Existing Main EACH $ 380,00 $ 0 $0.00 .SUBTOTAL ITEMS 201- 206 J $ 102,996.00 1 $102,996.00 SEWER SYSTEM ............. ... .... ..........._ COMPLETED TO DATE December 9, 2005 Item NO. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 301 8" Sewer Main L.F. 2,320 $ 15.20 $ 35 264.00 2,320 $35 264.00 302 4' Diam. Manholes wi Ring & Cover EACH 10 $ 1,630.00 $ 16 300.00 10 $16,300.00 303 .4" Sch. 40 PVC Sewer Services EACH 33 $ 460.00 $ 15 180.00 33 $15 180.00 114 � Connection to Existin Manhole LUMP SUM $ 880.00 $ 0 $0.00 SUBTOTAL ITEMS 301 - 305 $ 66,744.00 $66.744.00 DRAINAGE & MISCELLANEOUS WORK COMPLETED TO DATE December 9, 2005 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 401 8" PVC Storm Drain L.F. 372 $ 14.00 $ 5 208.00 372 $5 208.00 402 Catch Basin wl Inlet FA. 7 $ 1,262.00 , $ 8,834.00 7 $8 834.00 403 1 Ri ra C.Y. 31 $ 68.00 $ 2108.00 31 $2108.00 404 !Topsoil Removal C.Y. 30 300 $ 1.10 $ 33 330.00 10,300 $33 330.00 405 Seeding LUMP SUM 1 1.00 $ 10,200.00 $ 10 200.00 0 $0.00 406 Tree's EA. 36.00 $ 350.00 $ 12 600.00 0 $0.00 409 (Mobilization LUMP SUM 1.001 $ 4,000.00 $ 41,000.00 1 $4 000.00 SUBTOTAL ITEMS 401 - 412 $ 76,280.00 $53,480.00 UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS ............... COMPLETED TO DATE December 9, 2005 Item No. Descri tlOn Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 501 Utility Trench wl Bedding L.F. 1701 $ 3.00 $ 5,103.00 1 701 $5 103.00 502 2" Conduit wl Pull Ro a L.F. 3,223 $ 1.70 $ 5,479.10 3 223 $5 479.10 $03 3" Conduit wl Pull Ro a L.F. 693 $ 2.20 $ 1,524.60 $93 $1 524.60 504 4" Conduit wl Pull Roe L.F. 1.647 $ 2.60 1 $ 4,282.20 1,647 $4 282.20 $05 4" and 3" Swee s EACH 23 $ 52.00 $ 1,196.00 23 $1 196.00 506 1 Phase Transformer Vault EACH 2 $ 526A0 $ 1,050.00 2 $1 060.00 507 3 Phase Transformer Vault EACH 1 $ 1 050.00 $ 1 050.00 1 $1 050.00 508 Street Light Bases EACH 5 $ 600.00 $ 3,000,00 5 $3 000.00 $09 SI na a Installation LUMP SUM 0.3 $ 2,160,00 $ 654,00 0.3 $664.00 SUBTOTAL ITEMS 601.510 $ 23,338.90 j, $23,338.90 SERVICE COSTS, FEES, ENGINEERING & SURVEYING COMPLETED TO DATE December P. 2006 Item No. Descri lion Unit Measure Estimated Quantity Unit Price I Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 601 Flathead Electric LUMP SUM 1 $ 66 792.00 $ 66,792.00 100% $66 792.00 602 Northwest Ener LUMP SUM 1 $ 10 851.00 $ 10,861m 100% $10 861.00 603 Centurytel LUMP SUM 1 $ 15 210.00 $ 15 210,00 100% $15,210.00 604 En ineerin Desi n LUMP SUM 1 $ 44 370.39 $ 44.370, 100% $44 370.39 605 En ineerin , Construction LUMP SUM 1 $ 22 185.20 $ 22 185.20 85% $18 857.42 SUBTOTAL ITEMS 6D1 .606 $ 159,408.59 1 1 $156.080.81 TOTAL PROJECT BUDGET TOTAL ESTIMATED COST OF CONSTRUCTION AMOUNT COMPLETED PRIOR TO BONDING AMOUNT OF REMAINING WORK PRIOR TO BONDING AMOUNT OF BOND (126% OF REMAINING WORK) AMOUNT OF WORK COMPLETED TO DATE PERCENTAGE OF WORK COMPLETED TO DATE AMOUNT OF WORK REMAINING ORIGINAL BOND AMOUNT AMOUNT OF BOND TO BE RETAINER (126% OF REMAINING WORK) BOND AMOUNT TO BE RELEASED AMOUNT PREVIOUSLY RELEASED AMOUNT TO BE RELEASED AT THIS TIME AS PROJECT ENGINEER FOR NORTHLAND SUBDIVISION, PHASE 1, 1 CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $ 898,915.09 1 $ 760,730,26 $ 898,915.09 $ 760,730,26 $ 138,184.83 ........................... : 172;731 04:.. $ 760,730.26 85% $ 138,184.83 $ 172,731,04 $ 172,731.04 MOD $0.00 $0.00 $ 760,730.26 $ 138,184.83 $ 172,731.04 $0,00 BRETT WALCHECK, P.E. *ALL IMPROVEMENTS SMALL BE COMPLETED BY: 7116/2005 10 � a 3 �Ei WH g , 72PE i4il EN IRREVOCABLE STANDBY LETTER OF CREDIT ISSUER: WHITEFISH CREDIT UNION PO BOX 37 WHITEFISH, NIT 59937 Date of Issue:01-20.2006 Letter of Credit Number: Amount: U.S. $ 172,731.04 ( ONE HUNDRED SEVENTY TWO THOUSAND SEVEN HUNDRED THIRTY ONEUIIll&MCELARS) For Benefit Of: For Account Of: Beneficiary Nacre and Address Applicant Name and Address CITY OF KALISPELL BRIDGELAND DEVELOPMENT, LLP 1402 FIRST AVENUE, KALISPELL, NIT 59901 PO BOX 223 LETHBRIDGE, AB T1J 3Y5 LETTER OF CREDIT. Issuer establishes thus Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one) together with the documents described below. Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under (Issuer name] Letter of Credit No. [Letter of Credit number] dated [Letter of Credit date]. " Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the Draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Fetter of Credit expires on the Expiration Date. DRAWINGS. IN Partial drawings shall not be permitted under this Letter of Credit. ❑ Partial drawings are permitted. The maximum number of drawings that may be made is DOCUMENTS. Each Draft trust be accompanied by the following, in original and two copies except as stated: IM The original Letter of Credit, together with any amendments. ❑ A sight draft drawn by Beneficiary on Issuer. El A signed statement by Beneficiary including the following statement: ❑ Other documents: Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identify or authority of the person presenting the draft and such documentation. SPECIAL INSTRUCTIONS: EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's acidness at 12:00 PM Mine) on 9-18.2007 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. ❑ If Beneficiary has not drawn the full amount of this Letter of Credit prior to the Expiration Date, the Expiration Date shall be extended for a period of days from the Expiration Date, unless Issuer notifies Beneficiary in writing at least days prior to the Expiration Date that Issuer elects not to extend this Letter of Credit. In any event, thus Letter of Credit shall expire on without any notice from Issuer to Beneficiary. f5C)�! eN 02001 Bankers Systems, Inc., St. Cloud, MN Form LC -STANDBY 1115t2002 (page t of 2) City of Kalispell Planning Department 17 - 2"`` Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispel.lplanning.com January 30, 2006 Jaynes H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, NIT 59901 Re: Final Plat for Northland Subdivision Phase 2 Dear Jim.: This is a request for final plat approval of Northland Subdivision Phase 2, a 33 lot residential subdivision and homeowner's park on approximately 2.112 acres. The property is generally located to the west of Northridge Subdivision and north of Nleadowland Subdivision in the west part of Kalispell. This is the second phase of a multi -phase Planned Unit Development that will ultimately contain 83 residential lots on approximately 30.39 acres. The property was annexed into the city of Kalispell as part of the preliminary plat review process and given an initial zoning designation of R-3, an Urban Single Family Residential in April of 2004. The Northland Subdivision was given preliminary plat approval by the Kalispell City Council on April 5, 2004 subject to 17 conditions. An automatic two-year extension of the preliminary plat approval is granted for each successive phase of original preliminary plat. As a requirement of the preliminary plat, more than two-thirds of the required improvements have been installed and a Subdivision Improvements Agreement in the amount of $172,731.04 has been submitted to secure completion of the remaining improvements which consists primarily of sidewalk and landscaping. The letter of credit addresses 125% of the estimated cost of remaining improvements. The estimated completion date is July 20, 2006 or sooner. 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. Final Plat for Northland Subdivision Phase 2 January 30, 2006 Page 2 COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the location of lots and roadways within the subdivision. • This condition has been met. The subdivision has been platted in compliance with the approved preliminary plat. Condition 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). This condition has been met. A letter from Kalispell Public Works Department approving the plans and specifications for the required infrastructure has been submitted with the final plat. Condition 3. 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 111-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. d. Regarding proposed street names; Ashley Drive exists in the south area of town. An alternate street name shall be provided. e. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. • This condition has been met. A letter from the Kalispell Fire Department approving the subdivision has been submitted with the final plat. Conditions. 4. 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 the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). • This condition has been met. A letter from the Parks and Recreation Department approving a landscape plan has been submitted with the final plat. Final Plat for Northland Subdivision Phase 2 January 30, 2006 Page 3 Condition 5. That the area designated on the plan as "park" shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. The park development may be used as all or in part as satisfying the one -ninth parkland dedication requirements for the entire development depending on the ultimate total area in lots and the investment made in park improvements. (Kalispell Subdivision Regulations, Section 3.19). • This condition has been met. A letter from the parks and recreation department approving the development plan for the park has been submitted with the final plat. Condition 6. That a provision be made for the extension of the proposed roadway through proposed Lot 52 to provide access to the adjoining subdivision to the southwest, Empire Estates. (Kalispell Subdivision Regulations, Section. 3.04). • This condition has been met per face of the final plat. Getty Drive has been extended from. Parkridge Drive south to the southern border of the subdivision. Condition 7. A traffic analysis shall be performed under the Montana Department of Transportation systems impact process that assesses this development's impacts to the transportation systems in the immediate area. This would be a single comprehensive study covering the multiple jurisdictions of the City, County and State road systems and would identify needed improvements to roadways impacted by this development. (MDOT) • This condition has been met. A traffic analysis has been submitted with phase 1 of this subdivision. Condition S. 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 and be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09). r This condition has been met. The road names have been reviewed and approved by the Kalispell Public Works Department as part of the construction document, as per the final plat letter. Condition 9. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22) . Final Plat for Northland Subdivision Phase 2 January 30, 2006 Page 4 • This condition has been met. A letter from the LISPS dated 12 / 7/ 04 has been submitted with the final plat approving a mail service location. Condition 10. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). • This condition has been met. Street lighting has been completed as required. Condition 11. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). • This condition has been met. The utilities have been installed underground. Condition 12. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. s This condition has been met. Approximately 85 percent of the required improvements have been completed and the remaining improvements have been included in a Subdivision Improvements Agreement. Condition 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 adequately addressed. Revegetation will be done upon the completion of development and seeding has been included in the Subdivision Improvements Agreement. Condition 14. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. : This condition has been met. A development agreement has been executed between the City of Kalispell and the developer and has been included with the phase l final plat application. Condition 15. That preliminary plat approval for the first phase of the Planned Unit Development shall be valid for a period of three years from the date of approval with an automatic two-year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). Final Plat for Northland Subdivision Phase 2 January 30, 2006 Page 5 • This condition has been met. The preliminary plat has been submitted prior to the expiration of the preliminary plat approval which is April 4, 2007. COMPLMNCE 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-3 Planned Unit Development over which constitutes the zoning for the property. RECOMMENDATION: 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 note that the Subdivision Improvements Agreement should be accepted along with the final plat approval. Please schedule this matter for the February 6, 2006 regular city council meeting if possible. You may call me at 751- 1851 if I can be of assistance to you regarding this matter. Sincerely, Thomas R. Jent,/, AICP`/ Director Attachments: Vicinity map 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Letter from 48 North Engineering dated 12/ 14/05 Final plat application dated 1 / 10 /06 Resolution 4872 Engineer's certification from 48 North dated 12 / 14/ 05 Letter Kalispell Public Works dated 12/ 28 / 05 2 Letters Kalispell Public Works dated 7/27/04 Letter from MDEQ dated 6/24/04 Letter from MDEQ dated 7 /7/ 04 Letter from Fire Dept dated 12 / 28 / 05 Letter from Parks and Rec dated 12 / 6 / 04 Ltr from Morrison Maierle dated 7/ 9 / 04 Final Plat for Northland Subdivision Phase 2 January 30, 2006 Page 6 Letter from. USPS dated 1/ 14/05 Subdivision Improvements Agreement dated 1 / 10/06 Engineer's certification Exhibit A Letter of credit from Whitefish Credit Union dated 1/20/06 PUD Development Agreement dated 12/22/04 Title report dated 12 /20 / 04 Consent to plat from Whitefish Credit Union dated 10/ 101 /06 Treasurer's certification dated 1 / 26/ 05 Traffic Study by Morrison Maierle, Inc. (upon request in planning office) c: 48 North, PC, P.O. Box 651, Whitefish, MT 59937 Bridgeland Development, Box 2789, Columbia Falls, MT 59912 Theresa White, Kalispell City Clerk 8 / t�/ (/� Tj�..,+� P.O Box 651 • Whitefish, Montana 59937 . (P) 406-862-4815 • (F) 406-862AB76 `�" d `1 JL it P. C. 1 !i Civil Engineerin, g Services December 28, 2005 Attn: Tone Jentz Tri-City Planning Office 17 2nd Street East, Suite 211 Kalispell, MT. 59901 RE: Final Plat Approval for Northland Subdivision Phase 2 Dear Tom: As Engineer of record for Northland Subdivision, Phase 2,1 herby certify that all the conditions stated in Resolution No. 4872 have been completed to the best of my knowledge. The following list of the required conditions can be found in appendix "A", with a response to all the stated conditions stated below. Verification letters and exhibits can be found in appendix "B", Subdivision Improvement Agreement can be found in appendix "C", and the Final Plat application, Consent to Plat, Irrevocable Letter of Credit, Title Report, and Planned Unit Development Agreement is in Appendix "D". 1.) The subdivision is being platted in substantial compliance with the approved. preliminary plat. The original layout was broke down to three separate phases (1, 2, 3), this still remains the same with the exception of phase designation. The phases have been reallocated from the original layout. 2.) Plans and specifications were designed and installed per the Kalispell Design and Construction Standards. Please see attached approval letters dated December 28, 2005, and July 27, 2004 from. City of Kalispell Public Works Department, and June 24, 2004 and July 7, 2004 from the Department of Environmental Quality. 3.) On December 15, 2005 the City of Kalispell Fire Department was on site to review the current status of the project and to perform fire hydrant tests. Please see attached letter dated December 28, 2005. 4.) The City of Kalispell Parks and Recreation has approved a landscaping plan. Please see attached approval letter dated December 6, 2004. 5.) The park area has been developed in accordance with a plan approved by the Kalispell Parks and Recreation. The park area design is on the same layout as the boulevard landscaping that was addressed in item 4. Please see attached approval letter dated December 6, 2004. 6.) Modifications were made to the overall construction plans to accommodate continuation of the Right Of Way to the adjoining Empire Estates subdivision to the south. 7.) Morrison Mairerle, Inc completed a traffic impact study per the Montana Department of Transportation impact process. Conclusions stated that Northland Subdivision would not adversely affect adjacent street network. Please see attached letter dated July 9, 2004. A copy of the report was submitted with the original Phase I application. 8.) Subdivision road names have been modified per the original preliminary plat and have been reviewed by the Flathead County Plating Department. A signage plan was included with the construction plans that were approved by the City of Kalispell Public Works. 9.) An approved plan for mail service has been approved by United States Postal Service. Please see attached letter dated December 7, 2004. 10.) Street lighting was designed by Flathead Electric Company, which worked in conjunction with the City of Kalispell for light pole location and standards. 11.) All utilities have been placed underground and are in the Right of Ways or have been granted an easement. 12.) Currently Northland Subdivision Phase 2 is 85% complete with necessary infrastructure. Please see Exhibit "C" for the SIA and cost analysis. 13.) Upon final completion of the development all disturbed areas i&rll be re -vegetated. 14.) A development agreement drafted by the Kalispell City Attorney between the City of Kalispell and the Developer has been completed. Please see Appendix "D" for a copy of this agreement. 15.) The preliminary approval was granted on April S, 2004, the fling of this phase is scheduled for January 17, 2006. 16.) To the best of our ability truck and. heavy equipment have been required to access the site from Stillwater Road. All though not perfect 100% of the time, the majority of the contractors obey the requirement. 17.) Modifications were made to the overall construction plans to accommodate continuation of the Right Of Way to the adjoining subdivision to the north. However this modification is not part of this phase and will appear in future phase development. At this time we are requesting to be placed on the January 17t` 2006 council hearing for a request of final plat for the Northland Subdivision, Phase 2. 1 hope all the above responses to the stated conditions are suffice to address any concerns of project completion that you may have. If you have any questions or require additional information please feel free to give zne a call (406-862-4815). Sincerely, Brett Walcheck, P.E. 48 North, P.C. Enclosures: RESOLUTION NO.4872 A RESOLUTION CONDITIONALLY APPROVING THE PRELDnNARY PLAT OF NORTHLAND SUBDIVISION, MORE PARTICUIGARLY DESCRIBED AS A 30-39 ACRE PORTION OF ASSESSOR'S TRACT 1CA LOCATED IN SECTION 2, TOWNSHIP 2S NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Highland Development, LLC, the owner of the certain real property described abbve has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held apublic hearing on March 9, 2004, on the proposal and reviewed Subdivision Report #KPP-04-2 issued by the Tri-City Planning Office, and WHEREAS, the Kalispell ' City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Northland Subdivision, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of April 5, 2004, reviewed the Tri-City Planning Office Report #KPP-04.2, reviewed the recommendations cif the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS. _SECTION I. That the Findings of Fact contained in Tri-City Planning Office Report #KPP-04-2 are hereby adopted as the Findings of Fact of the City Cmincil. SECTION n. That the .application of Highland Development, LLC for approval of the Prelirnin: Plat of Northland Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. .Development of the subdivision shall be platted in substantial compliance with the approved . preliminary plat which governs the location of lots and roadways within the subdivision.. . 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Deponent, (Kali ll Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). 3. 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 lie in accordance with Uniform Fird Code (1997) Appendix Ill A. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. ' Fire Department access shah be provided in accordance with Uniform Fire Code (1997) Article 9. d. Regarding proposed street names; Ashley 'Drlve exists in the south area of town. An alternate street name shall be provided. e. Doe. to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. That a letter be .obtained from the Kalispell Parks and Recreation Director approving a lanndscaN plan for the placement of trees and landscaping materials -within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). 5, That the area designated on the plan as "park" shall be developed in accordance with a plaza approved by the Kalispell Parks and Recreation.Director that: provides recreational amenities including but not limited to irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. The park development may be used as all or in part as satisfying the ore -ninth parkland dedicarion requirements for the entire development depending on the ultimate total area in lots and the investment made in parr improvements. (Kalispell Subdivision Regulations, Section 3.19). 6. That a Mvision be made for the extension of the proposed roadway through proposed Lot 52 to provide access to the adjoining subdivision to the south wml, Empire Estates. (Kalispell Subdivision'Regulations, Section. 3.04). .7. A traffic analysis shall be performed under the Montana Department ofTransportatio n systems impact process that assesses this development's impacts to the transportation systems in the immediate area. This would be a single comprehensive study covering the multiple jurisdictions of the City; County and State road systems and would identify needed improvements to roadways impacted by this development (Ml:3DT) 8. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works department and the Unifo na Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09). 9. The developer shall provide a letter from the U.S. Postal. Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 10. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L))• 11. All utilities shall be installed underground. (Ka)ispell Subdivision Regulations, Section 3.17'). 12. That a minimum of two-thirds of the necessary, infrastructure for this subdivision shall be completed prior to final plat submittal. 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed- free mix immediately after development. 13. All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 14. That a development agreement be drafted by the .Kalispell City Attorney between the City of Kalispell and the Developer outlining and formalizing the terms, conditions and prbvisions of approval. The final plan as approved, together with the conditions and restriction's imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. ASl. 15. That prelirninaryplat approvatfor the first phase of the planned unit development shall be valid for a period of three years from the date ofapproval with an automatic three-year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulatirms, Section 2.04). 16. That trucks and other heavy equipment shalt access the site from Stillwater Road that shall be developed during the first phase of the subdivision,, and not through any existing residential areas. Other construction travel shall be kept to a minimum through residential area. 17. That a sixty foot easement for the extension of a future road and utilities shall be granted to the north can Northland Drive to allow for future access to Four Mile Drive. SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the - o#fice of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY TBE CITY COUNCIL AND SIGNED BY THE MAYOR. OF THE CITY OF KAUSPEI.i,, THIS 5TH DAY OF ALF-H-, 2004. amela B. q edy Mayor ATTEST: Theresa White City Clark PLAN-NED UNIT DEVELOPMENT .AGREEMENT THIS AGREEMENT, made as of the„�� day of December, 2004, by Bridgeland Development, L.L.P., a Montana Limited Liability Partnership, of 622 St Andrews Drive Columbia Falls, MT 59912, hereinafter BRIDGELAND DEVELOPMENT, LLP, and the City of Kalispell, a municipal corporation, of 312 1st Avenue East, Kalispell, Montana 59901, hereinafter CITY; WITNESSETH WHEREAS, BRIDGELAND DEVELOPMENT, LLP is the fee owner of certain real property located in Kalispell, Flathead County, Montana, which is further described as a 30.39 acre portion of assessor's tract !CA located in Section 1, Township 28 '_forth, Range 22 West, P.M.M., Flathead County, Montana and is hereinafter referred to as "Subject Property"; and WHEREAS, BRIDGELAIN'D DEVELOPMENT, LLP applied to have the Subject Property rezoned to a City R-3 (Urban Single -Family Residential) with a Planned Unit Development overlay (PUD), developed pursuant to said zoning change; and "WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements within the Subject Property and prescribe the permitted uses within the PUD, the parties hereto determine it to be in their interests to enter into this Development Agreement. i. `s'�4"i�iCRriL I't"dBCxI0N § 1.01 General The use and development of the Subject Property shall substantially conform to and comply with the provisions of the PUD Application, dated February 2, 2004, the drawings annexed to this Planned Unit Development Agreement, and the conditions contained within Kalispell City. Resolution No. 4572 conditionally approving the prehminarryPlat of the Northland Subdivision and PUD and incorporated fully herein by this reference. § 1.02 Relationship to Zoning Ordinance Except as specifically modified or superseded by this Development Agreement and the annexed drawings, and the PUD Application, dated February'-?, 2004, the laws, rules and regulations of the City of Kalispell governing the use and development of land and buildings, including the City of Kalispell Zoning Ordinance, shall apply to the Subject Property, PLANNED UNIT DE`✓ELOPER�S AGREEMENTINORTHLAND PUD Page 1 of 8 § 1.03 Drawings The drawings annexed and the PUD Application, dated February 2, 2004, to this Planned Emit Development Agreement, and the Northland Subdivision Preliminary Plat Application conditionally approved by Kalispell City Resolution 4872 are an integral and essential component thereof, and they are incorporated by reference herein. § 1.04 Effectiveness and Cancellation The provisions of this Planned Development Agreement shall become effective immediately and shall terminate upon the issuance of the last building permit(s) for the development on the Subject Property. This Development Agreement may be modified or amended only as set forth in Article V hereof. § 1.05 Certification Procedure Whenever in this Planned Unit Development Agreement a certificate by the Director of Public Works is required to be given, such certificate shall be given within thirty (30) days of the receipt of a completed application. Such an application shall be deemed to be complete upon receipt of such drawings and narrative information as are reasonably necessary for the issuance of such certification. H. PARCEL DESCRIPTION § 2.01 The Subject Property, described more fully in Exhibit "A", attached hereto and hilly incorporated herein by this reference, shall be developed with the infrastructure improvements described in § 3.01 and 3.02. III. SITE CONDITIONS § 3.01 Access and Public Infrastructure All accesses to the Subject Property shall be engineered and constructed in accordance with City of Kalispell's Standards for Design and Construction. 2. The plans and specifications for all public infrastructures shall be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. ;. All sewer and water utilities servicing the Subject Property shall be engineered and constructed in accordance with the City of Kalispell's Standards for Design and Construction. PLANNED UNIT DEVELOPER'S AGt-.E_M_END'INTORT 3LAND PUD Paze 2 of 8 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 M-A. b. Fire hydrants shall be provided per City specifications at locations approved by the Fire Department, prior to combustible construction. C. Fire Department access shall be provided in accordance with Uniform Fire Code (1997) Article 9. § 3.02 Storm Sewer and Roadways. All storm sewer utilities servicing the subject property shall be in accordance with the Northland Subdivision Preliminary Plat Application and conditional approval of Kalispell City Council, and engineered and constructed in accordance with the City of Kalispell's Standards for Design and Construction. 2. All roadways shall be in accordance with the Northland Subdivision Preliminary Plat Application and conditional approval of Kalispell City Council, and engineered and constructed in accordance with the City of Kalispell's Standards for Design and Construction. § 3.03 Other Conditions 1. The development of lots in future phases of the PUD which deviate from the R-3 zoning with regard to minimum lot size requirements, setback, housing type or other features shall be subject to architectural review and approval by the Kalispell City Council. 2. The plans and specifications for all public infrastructure shall be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. 3. Regarding proposed street names; Ashley Drive exists in the south area of town. An alternate street name shall be provided. 4. Future development area "A" may require a secondary emergency vehicle access point to meet the requirements of the Subdivision Regulations (Section 3.08) and emergency vehicle access needs. 5. Hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-5. 5. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement 4f trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. pr ANWI ED UNIT DEVELOPER'S AGREEMENUINTORTHLAND PUL Page 3 of 3 7. The area designated on the plan as "park" shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. The park development may be used as all or in part as satisfying the one - ninth parkland dedication requirements for the entire development depending on the ultimate total area in lots and the investment made in park improvements. Right-of-ways within the development shall be created that will allow for the extension of the proposed roadways so that they will provide future access to adjoining properties to the west, north and south. 9. A traffic analysis shall be performed under the Montana Department of Transportation systems impact process that assesses this development's impacts to the transportation systems in the immediate area. This will be a single comprehensive study covering the multiple jurisdictions of the City, County and. State road systems and will identify needed improvements to roadways impacted by this development. 10. 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 and be subject to review and approval of the Kalispell Fire Department. 11. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 12. Street lighting shall be located within the subdivision and shall be shielded so that it does not in unnecessarily onto adjoining properties. 13. All utilities shall be installed underground. 14. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 16. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic three-year extension as each phase of the subdivision plat has been completed and filed. 17. The plans and specifications for a storm water system shall be reviewed and approved by the Kalispell Public Works Department. PLANNED UNIT DEVELOPER'S AGREEMENTr�;©RTHLAItiD PTJD Page 4 of 8 IV. AMENDMENT OR MODIFICATIONS OF DEVELOPMENT AGREEMENT This Development Agreement may be amended or modified only, by application of the owner, in accordance with the procedures set forth herein. 2. Application for amendment or modification may be made, to the City of Kalispell Site Review Committee, by any fee owner within the Subject Property. 3. A) Modifications of this Development Agreement which are determined by the Site Review Committee to be minor modifications shall require only the consent of the Site Review Committee, and shall not require the consent or approval of the City Council or any other public agency. B) All amendments and modifications to this Development Agreement other than minor modifications shall require the approval of the City Council of the City of Kalispell. 4. A) All applications for modification or amendment of this Development Agreement shall be filed with the Site Review Committee and the Site Review Committee shall promptly determine whether the modification is minor or major. B) The Site Review Committee shall make its determination with respect to any application for a minor modification subject to this Section within fifteen (15) days after it determines the application to be subject to said minor modification. C) If the amendment or modification requested is of such a nature as to require approval of the City Council, the Site Review Committee shall refer the matter to the City Council within fifteen (15) days after it determines the matter requires Council review. D) The owner may appeal any decision of the Site Review Committee to the City Council, who may affirm, reverse or modify the Site Review Committee decision. V. MISCELLANEOUS §0.01 Effective Date This Agreement shall be effective immediately and shall remain in full force and effect until all lots within the Subject Property are developed or April 19, 2013, whichever occurs first. P LANTNTED UNIT DEVELOPER'S AGREEMENT/NORTHLAND pr m Pace 5 of 8 §8.02 Severability In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or determined to be invalid or unlawful by a court of competent jurisdictioln, such provision shall be severable and the remainder of this Agreement shall continue to be of full force and effect. § 8.03 Recordation This Agreement shall be recorded with the Clerk and Recorder for Flathead County, Montana.. §8.04 Entire Agreement - Primacy This Agreement constitutes the entire agreement between the parries and may only be amended as set forth herein. §8.05 Binding Effect This Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and assigns. Dated this, a day of December, 2004. GWW- BRIDGELAND DEVELOPMENT, L.L.P. BY: Mary s,1MI gi�g Partner CITY OF KALISPELL a H. Patrick, City Manager PLANNED UNIT DEVELOPER'S AGREEMENT/NORTHLAND PUD Page 6 of 8 STATE OF MONTAKk ) ):ss County of Flathead ) On this ';v, day of 5 '604, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Marvin Galts, Managing Partner of Bridgeland Development, LLP, that executed the foregoing instrument, and the person who executed said instrument on behalf of said Limited Liability Partnership, and acknowledged to me that such Limited Liability Partnership executed the same. IN WITNESS WHEREOF, I have hereunto set any hand and affixed my Notarial Seal the day and year ,trip, jertificate first above written. . TA • •• Notary Public, State of Montana Residing at €_t SEAL :• My Commission Expires � STATE OF �MONFA 0 } ):ss County of Flathead ) On this ."�y\-day of 20 ``, before me, a Notary Public in and for the State of Montana, personally appeared James H. Patrick, known to me to be the City Manager of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein set forth, and that he was duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. A. FU '.. r _ i oTAR,1 DEAL .. l�C� �. TrtrisjVO\\�� Notary Public, State of Montana Residing at My Commission ExpiresL PLANNED UNIT DEVELOPER'S AGREEMENTNORTHLAIvD PUD Page 7 of 8 Exhibit A LEGAL DESCRIPT.[O — NORTHLAND Planned Unit Development That portion of land in the Northwest Quarter of Section 1, Township 28 North, Range 22 West, Principal Meridian Montana, Flathead County, described as follows: BEGINNING at the Center Quarter section corner of said Section 1, Township 28 North, Range 22 West; thence along the southerly boundary of said Northwest Quarter the following Mo courses: North 89' 22' 01"West 1316.61 feet and North. 890 18,391, West 1287.45 feet to the easterly right of way of Stillwater Road, a 60.00-font county road as described in Boole 345, Page 247, records of Flathead County, �tonta_1na; thence along said easterly right ofway of said Stillwater Road, North 00 38'33" East 92.22 Feet to: the southwesterly corner of Tract 2 of Certificate of Survey Number 3 593 records of the Flathead C©Mty, Montana; thence along the southerly and easterly boundaries of said Tract 2 the following two courses. South. 89' 49' 56" East 432.76 feet and North 011 39' 26" East 878.57 feet to the northeasterly corner thereof and to the southerly boundary of that parcel of land shown on Deed Exhibit Book 501, Page 162 records of Flathead County, N4ontarna; thence along the southerly and easterly ho undaries of said parcel of said Deed Exhibit Book 501, page 162, South 89° 49' 50" East 1143.61 feet and North 0" 38' 30" East 880.+25 feet to the south A esterly corner of Tract 2 of Certificate of Survey Number 13923 records of Flathead County, Montana; thence along the southerly and easterly boundaries of said Tract 2 on said Certificate of Survey 13923 the following three courses: South 89" 50' 13" East 8.33.17 feet and South 0° 49' 48" West 736.78 feet and South 99' 50' 13" East 833.17 feet and South 0°49'48" West 7')6.78 feet and South 990 45' 35" East 200.24 feet to the easterly boundary of said Northwest Quarter of Section 1; thence along the easterly boundary of said Northwest Quarter, South. 0048' 55" West 1136.5 feet to the Point ofBeginning contahiing 67.49 acres of land, more or less, as shown on this plat which is herewith incorporated in and made part of this legal description. sLjB.1ECT to a Pight of V1ay Easement as- set forth in an histrumcni t ecorded July 31, 1987 in Reception Number 87-231-11450 records of Flathead County, Montana 48NORTH RO Box 661 • Whitefish, Montana 59937 . (P) 406-862-4815 + (F) 406-862-4876 !( 6F' Civil n. gin eerie ' Services December 14, 2005 Attn: Frank Castle City of Kalispell Public Works Department 312 1st Ave. East Kalispell, MT. 59903 RE: Final Plat Approval for Northland Subdivision Phase 2 Dear Frank: As Engineer of record for Northland Subdivision., Phase 2,1 herby certify that the construction of the items that are shown in the attached Subdivision Improvement Agreements have been completed to the best of my knowledge. The percentage of work complete to date for Northland Subdivision, Phase 2, is at 95% Some of the construction items remaining to be complete include: sidewalks and landscaping. Estimates prepared by this office for the remaining construction, total $138,184.83 for Northland Subdivision, Phase 2. Security held at 125% of the remaining construction total is $172,731.04. At this time we are requesting a letter of approval from the City of Kalispell stating that you are in agreement with improvements installed to date. After all work. is 100% complete we will conduct a final inspection with Kalispell Public Works prior to acceptance and transfer of ownership. If you have any questions or require additional information please feel free to give me a call (406-862-4815). Sincerely, Brett Walcheck, P.E. 48 North, P.C. Enclosures: City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406) 758-7720. Fax (406) 758-7831 December 28, 2005 Bridgeland Development LLP 622 St. Andrews Drive Columbia Falls, Montana 59912 Re: Northland Subdivision Phase 2 Dear Sir or Madam: The City of Kalispell Public Works Department hereby approves the existing, completed improvements except those listed in the Subdivision Improvements Agreement, Exhibit 'B" for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: I . 48 North P. C: s letter certifying that the improvements within the referenced subsdivision have been inspected ad installed in accordance with the City of Kalispell standards and the approved plans and specifications. 2. Our video records of the sanitary sewer system. 3. Receipt of a Subdivision Improvements Agreement which contains the total estimated construction costs plus 25% for the remaining subdivision roads, sidewalks, crosswalks and landscaping. The Subdivision Improvements Agreement, Exhibit B, is certified by Brett Walchek, P. E., as being an accurate accounting of anticipated costs for the remaining improvements. The one year warranty period for the City owned and maintained existing, completed improvements will commence on December 14, 2005. The one year warranty period for the remaining construction will commence upon acceptance by the City of the completed constructed improvements in accordance with approved plans and specifications. This SIA does not cover any of the remaining improvements for Phase 1. Kalispell Subdivision Regulations allow for a SIA to secure for the completion of improvements for up to IS months. Since final plat was approved February 7, 2005, all improvements to Phase I should be completed before August 7, 2006. At this point, the SIA has expired along with the letter of credit. Please resubmit these two documents to this department as soon as possible. If you have any questions, do no hesitate to call this office. Si nc e , �y Frank Castles, P Assistant City Engineer FC/mc Cc: 48 North, P.C.; P. O. Box 651; Whitefish, Montana 59937 Kalispell Planning Dept. City of Kalispell Public Works Department Past Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 July 27, 2004 48 North, P.C. Civil Engineering & Residential Design P.O. Box 651 Whitefish, Montana 59937 Attention: Brett Walcheck, P.E. RE: Northland Subdivision Kalispell, Montana Dear Brett: The construction plans and supporting documents for the referenced project are hereby approved. Attached is your copy of the letter of approval for the Flathead City -County Health Department. We look forward to working with you on this project. Sincerely, /rajnklastles, P.E. Assistant City Engineer Attachment: As Stated City of Kalispell Public Works Department Post Office Box 1997 > Kalispell, Montana 59903-1997 - Telephone (406)75$-7720Fax (4(]6)755-7831 July 27, 2004 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: Northland Subdivision Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by 48 North, P.C., Civil Engineering & Residential Design, for the referenced project. The Kalispell water and sanitary sewer systems have adequate capacity to serve the project. If you have any questions, please do not hesitate to contact this office. Sincerely, �Aj i4— Frank Castles, P.E. Assistant City Engineer cc: 48 North, P.C. Civil Engineering & Residential Design P.O. Box 651 Whitefish, Montana 59937 Montana Department of v ENVIRONMENTAL QUALITY Judy Martz, Governor P.O. Sox 200901 • Helena, MT 59620-0901 • (406) 444-2544 wvww.deq.state.mt.us June 24, 2004 Brett Walcheck PE 48 North PC PO Box 651 Whitefish MT 59937 Dear Mr Walcheck: RE: Northland Subdivision Municipal Facilities Exclusion EQ#04-2890 City of Kalispell Flathead County This is to certify that the information and fees received by the Department ofEnvironmentai 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 {76-4-111(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, . J��(4 Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-18 01 — email jskaarland@state.t.us cc: City Engineer County Sanitarian. file Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 109 Cooperative Way - Suite 105 - Kalispell, NIT 59901-2389 - (406) 755-8985 - FAX (406) 755-8917 Brett Walcheck, P.E. July 7, 2004 48 North PC P.O. Box 651 Whitefish, MT 59937 RE: Northland Water & Sewer Extensions, EQ#04-2890 Dear Mr. Walcheck: Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure. The plans and specifications are hereby approved with the condition as listed below. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. Approval is based on plans and specifications received June 02, 2004 under the seal of. Brett W. Walcheck, P.E.# 14872PE. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of "as -built" record drawings signed by the project engineer. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications roust be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project may need a storm water general permit. Please contact the Water Protection Bureau at 406-444-3080 for more information. Sincerely, 1 r r, nviroximental Engineer Specialist ublic Wate S ply Section Public Water Supply and Subdivisions Bureau cc: City of Kalispell, Department of Public Worms Flathead County Sanitarian File Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division IZALIS►PELL FUZE DEPARTMENT Randy Brodehl Fire Chief 312 First Avenue .East Dan Diehl -- Assistant ChieflOperations40 Kalispell, Montana 59901 Brent la. Christopherson -- Assistant Chief/ Prevention (406) 758-7760 FAX: (406) 758-7952 December 28, 2005 48 North P.C. Attn: Brett Walcheck P.O. Box 651 Whitefish, MT 59937 Re: Final plat approval — Northland Subdivision, Phase II Dear Mr. Walcheck, In response to your request for approval of the above -referenced project, our department approves final plat for Northland Phase 11, with the following information and conditions. • Fire hydrant locations, fire flows, and fire department access are approved by this department. • Street name signs are required to be installed prior to combustible construction. Please contact me if you have any questions. incerely, Brent L. Christopherson Assistant Chief/Prevention xc: Tom Jentz, Tri-City Planning Office "Assisttng our community in reducing, preventing, and mitigating emergencies. " 351'51 Ave East - P 0 Box 1997 - Kalispell MT 59903-1997 Phone: (4 ) 758.7718 Fax: (408) 759.771 Email: parknrerQkalispell.corri Parks and I�'eCrE�ation December 6, 2004 Sitescape Associates Mr. Bruce F. Lutz P0Box 1417 Columbia Fails NIT 59912 Re. Northland PUD Landscaping & Park Dear Mr- Lutz: This letter is confirmation that the landscaping, street try plan and parkland plans for the above referenced Project have beet reviewed and approved by Kalispell Parks and Rec=tion. When installation of the landscaping is complete, please give us a call and we will review the site for final approval. - Should you have any concems or questions regarding the landscaping, please feel free to -give -me e- call. Sincerely, c l.ot,4 e1 Baker, Director Cc: Narda Wilson, Td-City Planning r. MORRISON ,:.._.. € MAIERLE,iNc. An Employee -Owned Company July 9, 2004 Mr. Brett Walcheck, P.E. Stumptown Architecture & Engineering, P.C. P.O. Box 651 Whitefish, MT 59937 RE: Traffic Impact Study Northland Subdivision Kalispell, Montana Dear Mr. Walcheck: ENGINEERS SCIENTISTS SURVEYORS PLANNERS 2020 GRAND AVENUE • BILLINGS, M7 59102 • 406-656-6000 • FAX:405-656-3432 Enclosed please find three (3) copies of the above referenced Traffic Impact Study. Upon your review, please provide any comments or revisions that you feel are necessary for final submittal of this document. If you find the report complete, additional copies can be furnished at your request. Thank you again for using Morrison-Maierle, Inc to complete this traffic engineering evaluation. We look forward to hearing from you regarding this project. Sincerely, MORRISON-MAIERLE, INC. FO_,4., 5q R__-, Robert A. Beckman, P.E., PTOE Sr. Transportation Engineer Encl. cc: Terry Richmond, MMI, w/o encl. E{:L;933WU1�1�1anhkand07 l3 i3-0.dtx "Providing Tresources in Partnership with clients to achieve their goals" UNITED STATES POS"OL SERVICE 350 N MERIDIAN RD KALISPELL, MT 59901-9998 January14, 2005 Mr. Jim Williamson 48 North P. C. P. a. Box 651 Whitefish, MT 59937 RE; Northland Subdivision Dear Mr. Williamson; Delivery for the Northland Subdivision has been approved for Cluster Box Unit (CBU) delivery in a turnout format. The developer will provide six CBU units for 83 residences, two parcel lockers, and a 23-foot x 4-foot cement pad on Northridge Drive. The mailbox turnout must be a minimum of 30 feet long plus an additional 23 feet for the CBU's and parcel lockers. The turnout is to be at least 10 feet wide so that the mail carrier's vehicle or customer's vehicle will be completely off the roadway while stopped at the mailboxes. This ten -foot width will be a flat level surface. The turnout, combined with the developed road surface, will provide an area wide enough for the mail carrier to completely turn around without having to back up (at least 70 feet total width.) The CBU's are to be installed at the mid point of the turnout. If you have any questions regarding this matter, you may contact me at 755-6450. Sincerely, Pennie Ulvila Delivery Supervisor CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, Whitefish Credit Union, Beneficiary, as recorded April 6.2004, Document No 2004-097-12120, records of Flathead County, Montana, herby consents to platting and dedication of land included in the plat of Northland Subdivision, Phase 2. IN WITI�JSS WHEREOF, said party had caused his name to be subscribed thereto, on this � day of _-J _ , 2006 Whitefish Cr it Union �"'j State of County of A On this t> day of y AV_ , 20 i . ,before nee, a Notary Public for the State of Montana, personally appeared ` P;i known to me to be the person whose name is subscri ed to the instrument, and acknowledged to me that he/she executed the same. In witness whereof, I have hereunto set my hand and affixed any Notarial Seal this day and year first above written. .` r; Notary Public for the State of Montana =. Residing at `<' a � My Commission Expires ,Kj a Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY. KOOTENAI SURVEYORS FOR: BRIDGELAND DEVELOPMENT LLP DATE: 12/20/05 DESCP: Tr. 1CA in 1-28-22 PURPOSE: SUB. �t�D Y� i Gc-►�.� �t� . ��a I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed ve�for the years indicated for each assessor number. Deputy Treasurer (seal) FOUR MILE_ D FOUR . is 1 PUD iSAA R 4 �SAG 10 �. I PUD , cxx,nmr 4 Q CffiAymftcc _ — iDA # G= 1 O ? f7 v' r 14 '13 ; •. 7u ID71 1CA* v le 1r l tC•.R7li hiA4^rN R F. r, 4I r E 4ji g R ! 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'£ 11 12 i 17 k6 19 2_ ., c' 1 i 2 i 3 t._.4 k Y 2 VICINITY MAP SCALE 1" — 600' HIGHLAND DEVELOPMENT, LLC PRELIMINARY PLAT (NORTHLAND SUBDIVISIO�UBDIVISION AN 83 LOT SINGE FAMILY RESIDENTIAL ON 30.39 ACRES IN CONJUNCTION WITH ANNEXATION AND INITIAL ZONING OF R-3, SINGLE FAMILY RESIDENTIAL WITH A PLANNED UNIT DEVELOPMENT OVERLAY FILE KPP-04-2 Pig`' 11� x""°' City of Kalispell Planning Department 17 - 20d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision name: NORTHLAND SUBDIVISION PHASE 2. Contact Person: Owner & Mailing Address: Name: 48 NORTH. P.C. _ _ BRIDGELAND DEVELOPMENT, LLP. � Address: P.U. BOX 651 _ _ BOX 2789, 622 SAINT ANDREWS DRIVE, WHITEFISH MT. 59937 _� COLUMBIA FALLLS, MT. 59912 _ Phone No.: 406-862-4815 406-892-0575 Date of Preliminary Plat Approval: APRIL S 2004 Type of Subdivision: Residential X Industrial Commercial ,PUD Other Total Number of Lots in Subdivision 33 Land in Project (acres) 13.42 Parkland (acres) 2.13 Cash -in -Lieu $ No. of Lots by Type: Single Family 33 Townhouse Duplex Apartment Commercial Industrial Exempt Mobile Home Park Recreational Vehicle Park Planned Unit Development Condominium _ Multi -Family Other Legal Description of the Property: A tract of land located in the Northwest Corner Quarter of section 1, Township 28 North, Range 22 West, Principal Meridian, Flathead County, Montana FILING FEE ATTACHED $ 4000.00 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 + $100/10t Subdivision Improvements Agreement $ 50 Attached Not Applicable (MUST CHECK ONE) Health Department Certification (Original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X - Plats: 1 opaque OR 2 mylars 1 xraylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11 X 17 Copy I IX17 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 Tri-City Planning Office, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information 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 Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final pl ications be accompanied with a digital copy. O _ s) Sign re 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 PR: AFFGRP Citizen's Title and Escrow Company 704 South Main/P.O. Box 1310 Kalispell, MT 59901 Phone: (406)752-5388 /Fax: (406)752-9617 Final Invoice Ofc: 0066(5254) To: Bridgeland Development LLP Invoice No.: 66100180 #4 940 Spokane Avenue Date: 01/31/2006 Whitefish, MT 59937 Our File No.: 149181-CT Title Officer: Janis Jarvis / JAJARVIS Escrow Officer: / Customer ID: AD129759 Attention: Marvin Galts Your Reference No.: RE: Property: Liability Amounts No Address Shown, Kalispell, MT 59901 Owners: $125.00 Lenders: Buyers: Bridgeland Development LLP Sellers: Description of Charge Invoice Amount Guarantee -Subdivision Guarantee $125.00 Comments: INVOICE TOTAL $125.00 Thank you for your business! To assure proper credit, please send a copy of this Invoice and .Payment to: Attention: Accounts Receivable Department Printed On: 1/31/2006, 16:46 AM Requester: jj Page: 1 Customer Copy Sibdivision Guarantee Guarantee No.: 149181-CT Issued by Citizen s Title and Escrow Company 704 South MainlR Q. Box 1310, Kalispell, MT 59901 Title 4ffl'cer: Janis Jarvis Phone: (406)752 5388 FAX: (406)752 9617 Form No. 1282 (Rev 12/15195) 5ubdivisiorr Guarantee Guarantee No.: 149181-CT 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, FirstAmerican 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. Citizen's Title and fiscmw Company AUTHORIZED SIGNATORY Subdivision Guarantee Guarantee No.: 149181-Cr SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE Order No.: 149181-CT Guarantee No.: 149181-CT 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: Bridgeland Development LLP 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: Legal Description attached hereto as Exhibit A, and by this referenced incorporated herein. (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: Bridgeland Development, LLP, a Montana limited liability partnership, vested owner and Whitefish Credit Union Association, as Beneficiary (B) Parties holding liens or encumbrances on the title to said lands are: 1. 2006 taxes are an accruing lien, not yet due or payable. 2. 2005 taxes in the original amount of $ 1,692.53, Tax Parcel No. 75-0091420 . The first one-half are paid, the balance is due and payable, but not delinquent until after May 31 of current year. (Affects premises and other property) 3. Mortgage dated April 2, 2004 to secure an indebtedness in the principal amount of: AMOUNT; $1,200,000.00 and any other amounts and/or obligations secured thereby RECORDED : April 6, 2004 as Document No. 2004-097-12120 MORTGAGOR: Bridgeland Development, LLP MORTGAGEE : Whitefish Credit Union AFFECTS : Premises and other property Subdivision Guarantee Guarantee No.: 149181-CT 4. Mortgage, to secure an original indebtedness of $2,000,000.00, dated January 10, 2005 and any other amounts and/or obligations secured thereby. Recorded: January 13, 2005 , Document No. 2005-013-15240 Mortgagor: Bridgeland Development, LLP Mortgagee: Whitefish Credit Union Affects premises and other property (C) Easements, claims of easements and restriction agreements of record are: 5. Any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. 6. 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. 7. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and Environmental Services. 8. Proposed continuation of Northridge Drive as depicted on Certificate of Survey No. 5615. 9. Easement granted to Northwestern Telephone Systems, Inc., recorded March 19, 1987 as Instrument No. 87-231-11450. 10. Easement granted to Northwestern Telephone Systems, Inc., recorded December 2, 1982 in Book 756 of , page 22 as Instrument No. 18051. 11. Terms and conditions of Resolution No. 4871, recorded April 12, 2004 as Instrument No. 2004- 103-15160. 12. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the proposed plat of said subdivision, 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). 13. Petition to Annex and Notice of Withdrawal from Rural Fire District, recorded April 122, 2004 as Instrument No. 2004-103-15150. 14. Designation of Controlled Access Highway and Facility (Kalispell Bypass) executed by the Department of Transportation, recorded October 8, 2004 as Instrument No. 2004-282-08180. 15. Subdivision Improvement Agreement upon the terms, conditions and provisions contained therein: Parties: City of Kalispell and Bridgeland Development LLP Recorded: February 15, 2005, Instrument No. 2005-046-10520 16. The above described property is located within and subject to the jurisdiction of the West Valley Fire District. Subdivision Guarantee Guarantee No.: 149181-CT ©ate of Guarantee: January 20, 2006 at 7:30 A.M. Subdivision Guarantee Guarantee No.: 149181-CT EXHIBIT A AN IRREGULAR TRACT OF LAND, LYING NORTHWESTERLY FROM KALISPELL, MONTANA, FLATHEAD COUNTY AND IN THE SOUTH HALF NORTHWEST QUARTER (S1/2NW1/4), SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER (Cl/4), SAID SECTION 1; THENCE ALONG THE EAST -WEST MID -SECTION LINE, NORTH 89022"01" WEST, 558.73 FEET TO A 5/8" REBAR WITH PLASTIC CAP MARKED HUGHES. 73221S AND THE SOUTHWESTERLY CORNER OF "NORTHLAND SUBDIVISION -PHASE 1", PLAT NO. 2005-217- 09370, AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID MID -SECTION LINE AND NORTHERLY BOUNDARY OF "MEADOWLAND-UNIT NO.2" SUBDIVISION, NORTH 89022'01" WEST, 757.89 FEET TO CENTER -WEST ONE/SIXTEENTH CORNER OF SAID SECTION; THENCE ALONG SAID LINE, NORTH 89018'39" WEST, 605.92 FEET, INTERSECTING THE SOUTHERLY RIGHT-OF-WAY LIMITS OF "PARKRIDGE DRIVE", A 60 FOOT PUBLIC ROADWAY; THENCE CONTINUING ALONG SAID MIDSECTION LINE AND SAID LIMITS, NORTH 8918'39" WEST 681.53 FEET,INTERSECTING THE EASTERLY RIGHT-OF-WAY LIMITS OF "STILLWATER ROAD", A 60 FOOT PUBLIC ROADWAY; THENCE ALONG SAID LIMITS, NORTH 00038'33" EAST, 60.00 FEET INTERSECTING THE NORTHERLY RIGHT-OF-WAY LIMITS OF SAID "PARKRIDGE DRIVE"; THENCE ALONG SAID LIMITS SOUTH 89018'39" EAST, 681.58 FEET TO A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 371.00 FEET THROUGH A DELTA ANGLE OF 15041'20" CREATING AN ARC DISTANCE OF 101.59 FEET; THENCE, NORTH 75000'00" EAST, 221.83 FEET TO A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 430.00 FEET THROUGH A DELTA ANGLE OF 15037'59" CREATING AN ARC DISTANCE OF 117.32 FEET; THENCE ALONG SAID LIMITS, SOUTH 89°22'01" EAST, 206.13 FEET, INTERSECTING THE WESTERLY RIGHT-OF-WAY LIMITS OF "NORTHLAND DRIVE", A 60 FOOT ROADWAY, THENCE ALONG SAID LIMITS, NORTH 00037'59" EAST, 148.48 FEET TO TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 430.00 FEET THROUGH A DELTA ANGLE OF 38022'19" CREATING AN ARC LENGTH OF 287.98 FEET; THENCE ALONG SAID LIMITS, NORTH 39000'19" EAST, 260.06 FEET INTERSECTING THE NORTHERLY BOUNDARY OF SUBDIVISION; THENCE ALONG SAID BOUNDARY, SOUTH 55010'10" EAST, 60.17 FEET, INTERSECTING THE EASTERLY RIGHT-OF-WAY LIMITS OF SAID ROADWAY; THENCE ALONG SAID BOUNDARY, SOUTH 53020'21" EAST, 79.88 FEET; THENCE SOUTH 60004'02" EAST, 75.17 FEET, THENCE SOUTH 66034'51" EAST, 72.30 FEET; THENCE SOUTH 73002'55" EAST, 74.13 FEET; THENCE SOUTH 79037'16" EAST, 74.66 FEET; THENCE ALONG SAID BOUNDARY, SOUTH 86028'15" EAST, 80.41 FEET, INTERSECTING THE WESTERLY BOUNDARY OF "NORTHLAND SUBDIVISION, PHASE 1"; THENCE ALONG SAID BOUNDARY, SOUTH 00000"00" WEST, 98.92 FEET, INTERSECTING THE NORTHERLY RIGHT- OF-WAY LIMITS OF "NORTHRIDGE DRIVE", A 60 FOOT ROADWAY; THENCE ALONG SAID BOUNDARY, SOUTH 00000'00" WEST, 60.00 FEET, INTERSECTING THE SOUTHERLY LIMITS OF SAID ROADWAY; THENCE ALONG SAID BOUNDARY, SOUTH 90000'00" EAST, 40.21 FEET; THENCE SOUTH 00000'00" WEST, 187.71 FEET; THENCE, NORTH 891D22'01" WEST, 26.28 FEET; THENCE, SOUTH 00037'59" WEST, 90.00 FEET INTERSECTING THE NORTHERLY RIGHT-OF-WAY LIMITS OF "PARKRIDGE DRIVE", A 60 FOOT ROADWAY; THENCE ALONG SAID BOUNDARY, SOUTH 15°28'42" WEST, 62.07 FEET INTERSECTING SOUTHERLY RIGHT- OF-WAY LIMITS OF "PARKRIDGE DRIVE"; THENCE ALONG SAID BOUNDARY, SOUTH 00°37'59" WEST, 90.00 FEET TO THE TRUE POINT OF BEGINNING. TO BE KNOWN AS NORTHLAND SUBDIVISION, PHASE 2. CITIZENS TITLE & ESCROW CO., INC. By: C.Mitcheil, V.P ACKNOWLEDGEMENT/ CORPORATE STATE OF Montana ) SS. COUNTY OF Flathead ) On _i1+,.9+ 3 �� before me a Notary Public, personally appeared _ , r' e_L _ _ . known to me to be the _ _ YA&, _r`��_ of the Corporation. Ire -of Notarial�Of e� Public for the Statof Montana y134EflI!"', Win EX JANIS M. JARVIS �E�dC3TA�t7A W NOTARY?UBUC-�io!�;'ANA SAesd+na!?taJissgA4riraa A PLAT OF NORTHLAND SLWDIVISION - PHASE 2 S112 NW1��, .5 * 1, T.28N., R.22W., P.M., MT. ILAT COUNTY, MONTANA ^ DECEMIiER 2005 cuRn, FICATc_or_ 6, 03CAg[o�u h Wen ows,a ,m pueie uew M 11lW 4eemml. �mq q�°W unw .edi m1 nnry p.rsn. Ibn .r mu�.um .n.eer wnu .nmdep Nq uebe � la MMr= YaP.d'�N g��.�mpc�, 5e'euu�� tl°aMimi.n �e.r�ave lPd'T��cveRT.m - ,6tm, au ..e..u.mpte, k.,geemae,.rpwiG' W ACIIWUWLP�HNET . tm . .� � �wnevaw N• Me} �°�iin..n..� eenPrer�ne, a no w ClnTm..m .wn.�. GE(MI9CA'�f ,Q� IAHD RIfRVBYfA4 F. 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