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Staff Report/Final Plat
City of Kalispell Planning Department 17 - 204 Street Past, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (46) 751-1858 Website: kalispellp anning.com REPORT TO: Kalispell Mayor and City Council FROM: Thomas R. Jentz, Director James H. Patrick, City Manager SUBJECT Final Plat for Granary Ridge Subdivision MEETING DATE: February 6, 2006 BACKGROUND: This is a request for final plat approval of Granary Ridge Subdivision, a 16 unit townhouse subdivision on approximately 2.5 acres. The property is generally located on the east side of Whitefish Stage between Bruyer Way and the Edgerton School access in the northeast part of Kalispell. The property proposed for development can be described as Lots 3 and 4 of Subdivision # 1150 and Assessor's Tract 5C in the southwest quarter of Section 32, Township 29 North, Range 21 West, PM.M., Flathead County, Montana. The property was annexed into the city of Kalispell on May 2, 2005 and given an initial zoning designation of RA-1 Low Density Residential Apartment with a Planned Unit Development Overlay. The Granary Ridge Subdivision was given preliminary plat approval by the Kalispell City Council on May 2, 2005, subject to 23 conditions. As a requirement of the preliminary plat, at least two-thirds of the required improvements have been installed per letter from Bret Walcheck, P.E.. A Subdivision Improvements Agreement in the amount of $123,612.62 has been submitted to secure completion of the remaining improvements which consists primarily of street work, curbing, mail box receptacle, sidewalk and landscaping. The letter of credit addresses 125% of the estimated cost of remaining improvements. The estimated completion date is July 18, 2007 or sooner. RECOMMENDATION: A motion to approve the final plat for Granary Ridge Subdivision would be in order. Final Plat for Granary Ridge Subdivision January 30, 2006 Page 2 FISCAL EFFECTS: Potential minor positive impacts once developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, O homas R. JentZAICPames 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 GRANARY RIDGE INC. (Name of Developer) a INCORPORATED (Individual, Company or Corporation) located at 8-15T STREET E. SUITE 204 KALISPELL MT. 59901 , (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as GRANARY RIDGE SUBDIVISION , (Name of Subdivision) located at ASSESSOR'S TRACT 5C, LOCATED IN SOUTHWEST QUARTER SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATEHEAD COUNTY MONTANA. (Location of Subdivision) and. WHEREAS, the City has conditioned it's approval of the final plat of GRANARY RIDGE SUBDIVISION ; 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 I3"• and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 98 890.09 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 $ 123,612.62 . Said Letter of Credit or other collateral shall have an expiration Granary Ridge Subdivision Subdivision Improvement Agreement Page 1 of 3 date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 1.23 612.62 , the estimated cost of completing the required improvements in GRANARY RIDGE SUBDIVISION (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by JULY,_1S...... _ , 20 07 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. Granary Ridge Subdivision Subdivision Improvement Agreement Page 2 of 3 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. GRANARY RIDGE SUBDIVISION / GRANARY RIDGE INC , (Name of Subdivision/Developer/Finn) 1 re5 (Title) STATE OF MONTANA COUNTY OF ±, 4 A BVQ ^ On this to day of -JA r\kxR- , 200 (o before me, a Notary Public for the State of. ontana, personally appeared ; f4 o c�. I r 11\ nown to me to be the F s 1©_ of � r CC—. , • `r�',, ian� V ose ` name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my band and affixed my Notarial Seal this day and year first above written. Notary Public or the ate of Montana R g aLc-'J My Commission Expires / C f MAYOR, CITY OF KALISPELL MAYOR ATTEST: CITY CLERK Granary Ridge Subdivision Subdivision Improvement Agreement Page 3 of 3 EXHIBIT "B" GRANARY RIDGE SUBDIVISION SUBDIVISION ROADS & OVERLOT GRADE COMPLETED TO DATE December 16, 2005 Item No. D2RRg tign Unit Measure Estimated Quan ity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 101 To so[[ RemovaliRe lacement C,Y. 1685 $ 3.50 $ 5 897,50 843 $2 948.75 102 Excavation 1 Sub rade Pre IOverlot C.Y. 3,019 $ 3.60 $ 10 666.50 610 $1 783.25 103 Stabilization Fabric S.Y. 2,260 $ 1.15 $ 2,599.00 2 260 S2 539.00 104 Select Subbase C.Y. 587 $ 13.00 $ 7 631,00 587 $7 631.00 105 314" Crushed Gravel C.Y. 368 $ 20.00 $ 7,360,00 p $0.00 106 4" Ash altic Cement S.Y. 2132 $ 11.79 $ 25136.28 0 S0.00 107 Curb & Gutter L.F. 1,320 $ 10,60 $ 13 860.00 0 € $0.00 108 5' x 4" Concrete Sidewalks 1 Gravel S.F. 2105 S 4.00 $ 8,420.00 0 $0.00 SUBTOTAL ITEMS 101-108 $ 81,470.28 1 $14,962.00 WATER SYSTEM COMPLETED TO DATE December 16, 2005 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 201 fill Water Main L.F. 642 $ 22.00 $ 14 124.00 642 $14124.00 202 12" Sleeve & 8"Taovina Valve EACH 1 $ 2 300.00 $ 2 300.00 1 $2 300.00 203 8" Gate Valves & Boxes EACH 1 $ 1,236.00 $ 1236.00 1 1 $1 236.00 204 $" Ductile Iron Fittin s EACH 5 275.00 1,376.00 5 1 375,00 206 Fire Hydrants w! Tee, Pie Aux. Valve & Box EACH 3 $ 3,232.00 IS 9.696.00 3 $9 696.00 206 Water Services EACH 16 $ 688.50 $ 11 016.00 16 $11 016.00 207 2" Irrigation PitlService EACH 1 $ 1,481.00 $ 1 481.00 1 $1 481.00 208 irrigation Sleeves L.P. 535 $ 3A5 $ 2,069.75 535 $2 059.75 =.SUBTOTAL ITEMS 201 - 208 $ 39,747.00 $39,747.00 SEWER SYSTEM COMPLETED TO DATE December 16, 2005 Item No, Descrl lion Unit Measure Estimated QuarEti Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 301 2" Force Main L,F. 703 $ 20,97 $ 14 741,91 703 $14 741,91 302 4' Diam. Cieanout EACH t $ 1 575.00 $ 1 575.00 1 $1 575.00 303 1 114" Sewer Service Lines EACH i6 $ 934.00 $ 14,944,00 16 $14 944.00 SUBTOTAL ITEMS 301 - 303 1 $ 31,260.91 $31,260.91 DRAINAGE & MISCELLANEOUS WORK COMPLETED TO DATE December 16, 2005 Item No, Description Unit Measure Estimated Quantity Un[t Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 401 ,12" PVC Storm Drain L.F. 120 $ 26.00 $ 3,000.00 120 $3 000.00 402 8" PVC Storm Drain W1 Outlet Protection L.F. 180 $ 24.D0 $ 4,320.00 180 $4 320.00 403 6" ADS N-12 W1 Outlet Protection LF. 132 $ 22.00 $ 2 9D4.00 132 $2 904.00 404 4" ADS N-12 with fittin s L.F, 430 $ 17.001 S 7,310,00 430 $7 310.00 405 Catch Basin w! Inlet EACH 4 $ 850.00 $ 3 400.00 4 $3 400.00 406 Pond Outlet Structure EACH 1 $ 2,075.00 S 2,075.00 1 $2 075.00 407 Silt Fence LF 560 $ 3.75 , $ 2100.00 560 $2100,00 408 Detention Swale LS, 1 $ 1 950,00 � $ 1,950.00 4 $DAD 409 Landscaping LS. 1 $ 21160.00 $ 21 150,00 01 $0-DO 410 Traffic Control LS. 1 $ 1,600.00 $ 1,500,00 1 $1 500.00 411 j lewssings Road Crossing! Material Replacement (Pavement, Base, & Subbase)l Permitting, for 3 Utility LS. 1 $ 9,282.00 $ 9,282,00 1 $9.282.00 412 (Demo Site LS. 1 $ 600.00 $ 600,00 1 $600.00 413 CBU Mailboxes EA. 1 $ 1,298.00 $ 1,29840 0 $0.00 414 OPL Mailboxes EA, 1 $ 1 298.00 $ 1298.00 D $0.00 415 Pedestrian Crosswalk Stri in and Si na a EA. 1 $ 1 000.00 $ 1 000,00 0 $0.00 416 Mobilization LS, 1 $ 600.00 $ 500.00 0.5 $250.00 417 Construction Surveying LS. 1 $ 660000 $ 6600.00 D.5 $3 300.00 SUBTOTAL ITEMS 4011 - 416 $ 70,287.001 $40,041.00 UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS COMPLETED TO DATE December 16, 2006 Item NO. DeSGri tiara Unit Measure Estimated ouantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 501 Utility Trench wl Bedding L.F. 820 $ 2.75 $ 2,255.00 820 $2 255.00 602 2" Conduit wl Pull Rae L.F. 1,640 $ 2.10 $ 3 444.00 1,640 $3 444.00 603 3" Conduit wl Pull Ro a L.F. 820 $ 3,15 $ 2,583.00 820 $2 583,00 504 4" Conduit wl Pull Roe L.F. 410 $ 3.75 $ 1,537.50 410 $1 637.50 505 14" and 3" Sweeps EACH 50 $ 64.00 $ 3 200.00 50 $3 200.00 506 11 Phase Transformer Vault EACH 4 $ 660.00 $ 2,640.00 4 $2 640.00 $07 3 Phase Transformer Vault EACH 1 I $ 935.00 $ 935.00 1 $935.00 608 Secondary Pedestals EACH 8 $ 76.00 $ 600.00 8 $600.00 509 Street Light Bases EACH 8 $ 500.00 $ 4,000.00 8 $4 Inn.no 510 L.F. 768.0 $ 2.00 $ 1,536.00 768.0 $1 536.00 511 1 112" Swee s EACH 5 $ 64.00 $ 320.00 5 $320.00 512 Si na a Installation LUMP SUM 1.0 $ 600.00 $ 600.00 1.0 $6 W-00 SUBTOTAL ITEMS 501-512 $ 22,730.60 $22,730.50 Total Construction Costs $ 245,495.69 $ 148,741.41 SERVICE COSTS, FEES, ENGINEERING & SURVEYING COMPLETED TO DATE December 16, 2006 Item No. __Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 601 Flathead Electric LUMP SUM 1 $ 9,429.00 $ 9,429.00 1 1 $9,429.00 602 Northwest Energy LUMP SUM 1 $ 6,250.00 $ fi 250.00 1 $6 250.00 603 CenturAel LUMP SUM 1 $ 9 395.76 $ 9,395.76 1 $9 395,75 604 Engineering, Design LUMP SUM 1 $ 14 729.74 $ 14 729.74 1 $14 729.74 605 ,E ineerin Construction LUMP SUM 1 $ 7,364.87 $ 7 364.87 0,71 $5 229.06 SUBTOTAL ITEMS 501 - 605 47, & . 4 5.033.55 TOTAL PROJECT BUDGET TOTAL ESTIMATED COST OF CONSTRUCTION AMOUNT COMPLETED PRIOR TO BONDING AMOUNT OF REMAINING WORK PRIOR TO BONDING AMOUNT OF BOND 1125% 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 RETAINED (125% OF REMAINING WORK) BOND AMOUNT TO BE RELEASED AMOUNT PREVIOUSLY RELEASED AMOUNT TO BE RELEASED AT THIS TIME AS PROJECT ENGINEER FOR GRANARY RIDGE SUBDIVISION, I 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: RRETT WALCHI=CK P,E. $ 292,665.05 $ 193,774.96 $ 292,665.05 $ 193,774.96 $. .. 98,890.09 In612.62 $ 193,774.96 68% S 98,890.09 $ 123,612.62 $ 123,612.62 $0.00 $0.00 $0.00 193,774.96 98,890.09 123,612.62 -ALL IMPROVEMENTS SHALL BE COMPLETED BY: a, ETT vim ; WNK} r`1 ` qv BANK BOND DATE $0.00 711812007 PO-Box27;"`KOispelf.- ript (406) 756-4278, Fax (406)756-4204 IRREVOCABLE LETTER OF CREDIT Letter of Credit No. 1-06-274 Dated: January 23, 2006 Expiration Date: September 18. 2007 Kalispell. City Council City of Kalispell P.O. Box 1997 Kalispell, MT 59901 We hereby establish in. your favor an. Irrevocable Letter of Credit up to the aggregate amount of ONE HUNDRED TWENTY-THREE THOUSAND SIX HUNDRED TWELVE AND 62/100 ($123,612.62) at the request of Granary Ridge, Inc. If Granary Ridge, Inc. fails to complete the specified improvements in the name of Granary Ridge Subdivision within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this Letter of Credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default in question. All drafts must be presented prior to the expiration date stated above, and this Letter of Credit must accompany the final draft for payment. This Letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. Unless otherwise expressly stated, this Letter of Credit is subject to the Montana Uniform Commercial Code and the Uniform Custom and Practice for the Documentary Credits (1993 Revision) International Chamber of Commerce Document No. 500. Sincerely, Dave J. McNutt Vice President DJM/s websi#e: www.lacierbank.com email: glacier@glacierbank.com _..��,,..,�..�.,MM..,..�.,�..�.�..,,».....-�..ti..��e...��. MEMBER FDIC AN EQUAL OPPORTUNITY LENDER City of Kalispell Planning :Department 17 - 2"0 Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanni g.com January 30, 2006 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Granary Ridge Subdivision Dear Jim: This is a request for final plat approval of Granary Ridge Subdivision., a 16 unit townhouse subdivision on approximately 2.5 acres. The property is generally located on the east side of Whitefish Stage between Bruyer Way and the Edgerton School access in the northeast part of Kalispell. The property proposed for development can be described as Lots 3 and 4 of Subdivision # 1150 and Assessor's Tract 5C in the southwest quarter of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The property was annexed into the city of Kalispell on May 2, 2005 and given an initial zoning designation. of RA-1 Low Density Residential Apartment with a Planned Unit Development Overlay. The Granary Ridge Subdivision was given preliminary plat approval by the Kalispell City Council on May 2, 2005, subject to 23 conditions. As a requirement of the preliminary plat, at least two-thirds of the required improvements have been installed per letter from Bret Walcheck, P.E.. A Subdivision Improvements Agreement in the amount of $123,612.62 has been submitted to secure completion of the remaining improvements which consists primarily of street work, curbing, mail box receptacle, sidewalk and landscaping. The letter of credit addresses 125% of the estimated cost of remaining improvements. The estimated completion date is July 18, 2007 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 Granary Ridge Subdivision January30, 2006 Page 2 COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) r This condition has been met. The subdivision has been platted in compliance with the approved preliminary plat and PUD. Condition 2. That covenants, conditions, and restrictions for the subdivision shall reflect a provision for the maintenance of common areas and the private internal roadway that are proposed for the townhouses. Setbacks for the townhouses accessed via an interior street shall be measured from the edge of the easement and shall be 20 feet in the front and ten feet in the rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. (Site Development Review Committee) r This condition has been met per the attached Declaration of Covenants, Conditions, Restrictions, Easements and Bylaws for Granary Ridge Townhouses. It should also be noted that reference is made above to a 20 foot setback off of the easement. This setback is measured from the edge of asphalt. This condition shall be administered at the time of application for individual building permits. Condition 3. At the time of final plat a provision shall be made for the pro-rata share of ownership of the common area for taxation purposes. r This condition has been met. A note has been placed on the face of the final plat. Condition 4. That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. (Site Development Review Committee) • This condition has been met. The Architectural Review Committee's membership and duties are outlined in detail within the CCR's. Incorporated into their review process can be a letter that with their recommendation be forwarded to the Kalispell Site Development Review Committee. Condition S. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision Regulations with the exception of the Final Plat for Granary Ridge Subdivision January 30, 2006 Page 3 roadway as further enumerated below. 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. Attached is a letter from Frank Castles, Kalispell Public Works Department dated July 29, 2005. Condition 6. The road profile shall consist of a 24 foot wide roadway, two foot curb and gutter, a five foot boulevard on the eastern boundary of the access road and a five foot sidewalk adjoining the five foot boulevard. • This condition has been met per the face of the final plat. Condition 7. That a minimum 10-foot buffer shall be established along the north boundary of the development to provide screening and buffering for the property to the north. This shall be in the form of berming, fencing or landscaping or a combination thereof. These improvements are to be coordinated with the Kalispell Public Works Department and the Parks and Recreation Department. �e This condition has been met. Please see attached a letter from the Kalispell Parks and Recreation Department dated 1 / 11 / 06. Condition S. The proposed berming and landscaping along Whitefish Stage Road shall be reviewed and approved by the Kalispell Parks and Recreation Department to ensure satisfactory buffering and landscaping. The landscape materials shall consist primarily of living green plant, grasses and shrubs. • This condition has been met. Please see attached a letter from the Kalispell Parks and Recreation Department dated 1 / 11 / 06. Condition 9. The proposed pedestrian access at the northwest corner of the site shall connect with the internal sidewalk and shall be of concrete construction. A crosswalk shall Abe installed from this pedestrian path across Whitefish Stage Road that is coordinated and approved by the Montana Department of Transportation, Flathead County Road Department and Kalispell Public Works Department. • This condition has been met. These improvements have been incorporated into the attached Subdivision Improvements Agreement. Condition 10. That a ten foot right-of-way reservation for future acquisition for the upgrade of Whitefish Stage Road shall be indicated on the face of the final plat. • This condition has been met and is shown on the face of the final plat. Final Plat for Granary Ridge Subdivision January 3€3, 2006 Page 4 Condition 11. The following requirements shall be met per the Kalispell Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. 'dater mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. Secondary emergency vehicle access shall be provided in accordance with International Fire Code (2003) Chapter 5 and Kalispell Subdivision Regulations. e. It should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. f. Street naming shall be approved by the fire department. • This condition has been met per letter dated January 9, 2006 from Kalispell Fire Marshall Brent Christopherson. Condition 1.2. 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. Please see attached a letter from the Kalispell Parks and Recreation Department dated 1 / 11 / 06. Condition 13. That the parkland requirement of 11 percent of the area in lots which is 2.13 acres and is equivalent to 0.2343 of an acre shall be met through cash in lieu of parkland. The cash in lieu of parkland shall be based on $45,000 per acre and is equivalent to $10,544. (Kalispell Subdivision Regulations, Section 3.19). • This condition has been met per the attached check in the amount of $10,544 to address Cash -in -lieu -of parkland. Condition 14. The private internal roadway 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). This condition has been met. The Kalispell Fire Marshall has approved the final plat per letter dated 1/9/06, the Kalispell Public Works Department has approved the final plat design per letter dated 7-29-06 and the actual singing of the roadway Final Plat for Granary Ridge Subdivision January 30, 2006 Page 5 is addressed in the attached Subdivision Improvements Agreement. Condition 15. That a note be placed on the face of the final plat that waives protest to the creation of any special improvement districts for the upgrade of roads in the area to city standards which may be impacted by this development. • This condition has been met per note b. on the face of the final plat. Condition 16. A geotechnical study of the slope shall be conducted prior to final plat submittal demonstrating its stability as a building site. • This condition has been met per the submittal of a Geotechnical Investigation/Slope Stability Assessment of the Granary Ridge Development submitted by CMG Engineering, Inc. dated December 20, 2005. Condition 17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). • This condition has been met per letter dated 12 / 15 / 05 from. Susii Carter, USPS. Condition 18. 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 per the attached Subdivision Improvements Agreement. Condition 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). • This condition has been met per site investigation and per the conditions of the attached Subdivision Improvements Agreement. Condition 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • This condition has been met. The attached Subdivision Improvements Agreement indicates that 66% of all improvements have been installed. Condition 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. Final Plat for Granary Ridge Subdivision January 30, 2006 Page 6 • This condition has been met per the attached Subdivision. Improvements Agreement. Condition 22. 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 per the attached PUD Agreement dated the 24th day of January, 2006. Condition 23. 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. (Kalispell Subdivision Regulations, Section 2.04). • This condition has been met. The preliminary plat will expire on May 2, 2008. The final plat application is filed well within this time frame. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be an compliance with the State and City Subdivision Regulations. The Subdivision Improvements Agreement expires on July 18, 2007. the attached letter of credit expires 60 days later on September 18, 2007. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the provisions of the attached PUD Agreement 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. Jentz, r1P Director Final Plat for Granary Ridge Subdivision January 30, 2006 Page 7 Attachments: Vicinity map & 11 x 17 plat 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Final plat application dated 1 / 25 / 06 Letter from Sands Surveying dated 1 / 24 / 06 Engineer's certification from 48 North dated 12 / 13 / 04 Letters Kalispell Public Works dated 7 / 29 / 05 8& 12 / 28 / 05 Letter from MDEQ dated 8/ 11/05 Letter from MDEQ dated 8/ 15/05 Letter from Flathead County Water and Sewer District # 1 dated 9/22/05 Letter from Fire Dept dated 1 / 9/ 06 Letter from Parks and Rec dated 1 / 11 / 06 Letter from USPS dated 1 / 15 / 05 Subdivision Improvements Agreement dated 1/ 12/06 Engineer's certification Exhibit A Letter of credit from Glacier Bank dated 1 /23 / 06 Title report # 7208926--1307 dated 1 / 2 / 06 2 Consent to Plat letters from Glacier Bank dated 1 / 17 / 06 Treasurer's certification dated 1 / 23 / 06 Geotechnical Investigation/Slope Stability Assessment for Granary Ridge by CMG Engineering, Inc. dated 1 / 20 / 05 Declaration of Covenants, Conditions, Restrictions, Easements and Bylaws for Granary Ridge Townhouses Planned Unit Development Agreement for Granary Ridge dated 1/25/06 Cash In Lieu of Parks Check in the amount of $10,544. c: 48 North, PC, P.O. Box 651, Whitefish, MT 59937 Sands Surveying, Inc., 2 Village Loop, Kalispell, MT 59901 Granary Ridge, Inc., c/o TK Builders, LLC, 8 1st Street, Kalispell, MT 59901 Theresa White, Kalispell City Clerk SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 January 24, 2006 Tom Jentz, Director Kalispell Planning Office 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Granary Ridge PUD Final Plat Application Dear Mr. Jentz. Attached please find the materials required for the review of Granary Ridge PUD final plat. This was granted preliminary plat approval on May 2, 2005 and will expire on May 2, 2008. The following is the list of Conditions of Subdivision Approval and how each Condition was met. 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUD as approved by the City Council. The final plat submitted is in substantial compliance with the approved plat and PUD. 2. That covenants, conditions and restrictions for the subdivision shall reflect a provision for the maintenance of common areas and the private internal roadway that are proposed for the townhouses. Setbacks for the town houses accessed via an interior street shall be measured from the edge of the easement and shall be 20 feet in the front and ten feet in the rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. Item No. 110 "Common Expenses, Assessments, c). addresses this concerns for maintenance of the common areas and the private roadway. See attached. The setbacks for the town houses, most specifically the 20 feet from the edge of the easement, was realized to be an error and during the site review process, Mark Crowley from the Public Works Department exempted the 20' to be measured from the centerline and not the edge of the easement. 3. At the time of final plat a provision shall be made for the pro-rata share of ownership of the common area for taxation purposes. This is addressed in Item No. 10 "Common Expenses, Assesments c)., in the CCR's and by-laws document. See attached. 4. That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. The Architectural Review Committee's membership and duties are outlined in detail within the CCR's. It can be incorporated into their review process that a letter with their recommendation be forwarded to Kalispell Site Development Review Committee. 5. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision Regulations with the exception of the roadway as further enumerated below. A letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. Please see attached letter from the Kalispell Public Works Department approving the plans and specifications for Granary Ridge. 6. The internal road profile shall consists of a 24 foot wide roadway, two foot curb and gutter, a five foot boulevard on the western boundary of the access road and a five foot sidewalk adjoining the five foot boulevard. See the face of the plat for verification of this information. 7. That a minimum 10-foot buffer shall be established along the north boundary of the development to provide screening and buffering for the property to the north. This shall be in the form of berming, fencing or landscaping or a combination thereof. These improvements are to be coordinated with the Kalispell Public Works Department and the Parks and Recreation Department. See attached approval letter from the Kalispell Parks and Recreation Department. 8. The proposed berrning and landscaping along Whitefish Stage Road shall be reviewed and approved by the Kalispell Parks and Recreation Department to ensure satisfactory buffering and landscaping. The landscape materials shall consist primarily of living green plant, grasses and shrubs. See attached approval letter from the Kalispell Parks and Recreation Department. 9. The proposed pedestrian access at the northwest comer of the site shall connect with the internal sidewalk and shall be of concrete construction. A crosswalk shall be installed from this pedestrian path across Whitefish Stage Road that is coordinated and approved by the Montana Department of Transportation, Flathead County Road Department and Kalispell Public Works. The construction of this crosswalk has been incorporated into the Subdivision Improvement Agreement. This roadway is owned and maintained by the City of Kalispell and they have indicated their approval of the location of the crosswalk striping: and signage. 10. That a ten foot right of way reservation for future acquisition for the upgrade of Whitefish Stage Road shall be indicated on the face of the final plat. See face of the final plat for this information. 11. 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 International Fire Code. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code, Chapter 5. d. Secondary emergency vehicle access shall be provided in accordance with International Fire Code, Chapter 5 and Kalispell Subdivision Regulations. e. It should be noted that hazardous weed abatement shall be provided in accordance With City of Kalispell Ordinance 10-8. f. Street naming shall be approved by the Fire Department. See attached letter from the Kalispell Fire Department. 12. 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. See attached letter from the Kalispell Parks and Recreation Director. 13. That the parkland requirement of 11 percent of the area in lots, which is 2.13 acres and is equivalent to 0.2343 of an acre shall be met through cash in lieu of parkland. The cash in lieu of parkland shall be based on $45,000 per acre and is equivalent to $10,544, Attached is a check in above -noted amount. 14. The private internal roadway shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. This is addressed in the Subdivision Improvement Agreement. 15. That a note be placed on the face of the final plat that waived protest to the creation of any special improvement districts for the upgrade of roads in the area to City standards which may be impacted by this development. See the face of the final plat for this information. 16. A geotechnical study of the slope shalt be conducted prior to final plat submittal demonstrating its stability as a building site. See attached. 1 T The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. See attached letter from the LISPS approving the cluster location. 18. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. This is addressed within the Subdivision Improvement Agreement. 19. All utilities shall be installed underground. All utilities will be installed underground. 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. Please refer to the Subdivision Improvement Agreement for verification that two-thirds of the work has been completed before final plat submittal. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. This has been incorporated into the SIA. 22. 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 previsions of approval. The final plat as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development zoning for this site. See attached Agreement. 23. 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. This plat is submitted in its entirety before the deadline has expired. Thank you for your Kind attention to this final plat. Please feel free to call should you have questions, concerns or require additional information. Sincerely, Erica Wirtala 4 8 iY Oz--, 1 // f/ H P.O Box 651 • Whitefish, Montana 59937 + (P) 406-862-4815 . (F) 406-862-4876 1P. C. I Civil Engineering Services December 13, 2004 Attn: Frank Castle City of Kalispell Public Works Department 3121 st Ave. East Kalispell, MT. 59903 RE: Final Plat Approval for Granary Ridge Subdivision Dear Frank: As Engineer of record for Granary Ridge Subdivision,) 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 Granary Ridge Subdivision is at 66%. Some of the construction items remaining to be complete include: base course, asphalt, curb & gutter, sidewalks, landscaping, and mailboxes. Estimates prepared by this office for the remaining construction, total $98,890.09 for Granary Ridge Subdivision. Security held at 125% of the remaining construction total is $123,612,62. 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: N, 6 s I `f 3 - ,' U- i �� o « 1 � 1 Post Office Box 1997, Kalispell, Montana 59903-19971 - Telephone (406)758-7720, Fax ( 06)758-7831. .duly 29, 2005 48 North, P.C. P.O. Box 651 Whitefish, Montana 59937 Attention: Brett Walcheck, P.E. RE: Granary Ridge Subdivision Kalispell, Montana Dear Brett: The construction plans and supporting documents for the referenced project are hereby approved. Please change the city name to Kalispell in Paragraph III of the Final Report. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department and to the Montana Department of Environmental Quality We look forward to working with you on this project. Sinc ly, L_Z�A_ Frank Castles P.E. Assistant City Engineer Attachments: As Stated :: City of Kalispell Public Works Department Post Office :Box 1997, Kalispell., Montana 59903-1997 -`telephone (406) 758-7720, .Fax (406) 758-783 i December 28, 2005 Valley Venture, LLC 8 First Street East, Suite #204 Kalispell, Montana 59901 Re: Granary Subdivision 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: 1. 48 North P. C.'s letter certifying that the improvements within the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the approved plans and specifications. 2. Receipt of 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 Walche, 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 13, 2005. The one year warranty period for the remaining construction will commence upon acceptance by the City of the completed constructed improvements in accordance with approved plans and specifications. If you have any questions, do no hesitate to call this office. Sr, , Frank Castles, PE Assistant City Engineer FC/mc Cc: 48 North, P.C.; P. 0. Box 651, Whitefish, Montana 59937 Kalispell Planning Dept. MontanaDepartment of .ENVIR{ TAL UALITY Brian Schweitzer, Governer P.O. Box 20090.1. Helena, MT 59620-0901. (406) 444-2544 www.deq.mt.gov August 11, 2005 48 North PC Brett Walcheck PE PO Box 651 Whitefish MT 59937 Dear Mr Walcheck: RE: Granary Ridge Subdivision Municipal Facilities Exclusion EQ#06-1119 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 1.7.36,602. Under 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications 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 server 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, P�Janet Skaarland Compliance Specialist Subdivision Section Water Protection Bureau (406) 444-1801 — email jskaarland@int.gov cc: City Engineer County Sanitarian file Ent'oreement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division Montana Department of q EN.� O �1 ���,�T;�� 1.1Ka � �� : �,�1. ITY Brian Schweitzer, Governor 1.09 Cooperative Way - Suite 1.05 - Kalispell, MT 59901-2389 • (406) 755-8985 • FAX (405) 755-8977 Brett Walcheck, P.E. August 15, 2005 48 North PC P.O. Box 651 Whitefish, MT 59937 RE: Granary Ridge Water & Sewer; EQ# 06-1119. 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. 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 August 15, 2005 under the seal of Brett W. Walcheck, P.E.# 14872PE, P.E.# 16282PE. 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 must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. 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, a er M. uder E. Environmenta ngineer PE Public Water Supply Section Public Water Supply and Subdivisions Bureau cc: Valley Venture, LLC FlatheadCounty W&S District #1 - Evergreen Flathead County Sanitarian File (7entralize9 Services Division ° Enforcement Division • Permitting & Compliance Division a Planning, Prevention & Assistance division • Rennediation Division �t]ater &Sewer Distrl��. 13© Nicholson f rive Ca spell, MT 599©1 Phone: (406) 257-5861 -, Fax: (406) 756-1588 September 22, 2005 48 North, P.C. Attention: Brett Walcheck P.O. Box 651 Whitefish, MT 59937 Dear Brett: The District's staff and Andy Hyde of Carver Engineering have reviewed the revised plans for Granary Ridge. Please consider the plans approved. Note the attached memo from Andy Hyde of Carver Engineering. Based on conversations between you and Andy, the installation of the new water main above the proposed future sewer main will be considered in the field. Also the water main profile shown on sheets 7 and 9 will be redrawn at construction completion to reflect as built details. Please contact us if you require additional information. Sincerely, Roberta Struck District Manager KALISPELL FIRE DEPARTMENT Bandy Brodehl -- Fire Chief 312 First Avenue East Dan Diehl — Assistant Chief/Operations Kalispell, Montana 59901 (406)758-7760 Brent L. Christopherson Assistant Chief] Prevention FAX: (406) 758-7952 January 9, 2006 48 North P.C. Attn: Brett Walcheck P.O. Box 651 Whitefish, MT 59937 Re: Final plat approval — Granary Ridge Dear Mr. Walcheck, In response to your request for approval of the above -referenced project, our department approves final plat for Granary Ridge, with the following information and conditions. • Fire hydrant locations, fire flows, and fire department access are approved by this department. Please contact me if you have any questions. Sincerely, Brent L. Chrisl Assistant ChiE xc: Torn Jentz, Kalispell Planning Office "Assisting our community in reducing, preventing, and mitigating emergencies. " Gay of Ka lispr��a F Fy Parks and Recreation January 11, 2006 Mr. Bruce Lutz Sitescape Associates 385 Golf Course Drive Columbia Falls, MT 59912 35 1 't Ave East — P.O. Box 1997 — Kalispell MT 59903-1997 Phone (406) 7718 Fax (406) 758-7719 Email: Parknrec@kalispell.com kalispell.co Re: Granary Ridge Townhomes Dear Bruce, This letter is to serve as approval of the landscaping requirements for the Granary Ridge Town homes on Whitefish Stage. I visited with you regarding the improvements on Tuesday, January 10, 2006 and found all to be satisfactory. We came to an agreement to add a few changes on the plans which are; six spruces and one mountain ash along Whitefish Stage for additional buffering. On the north side (to the right hand side of the drawing) it has been agreed to place 27 Perking Cotoneaster to form a hedge and one additional spruce for buffering. If you have any questions or concerns please give me a call. Sincerely, Michael Baker, Director Cc: Tom Jentz, Planning Director Erica Wirtala, Sands Surveying December 15, 2005 Jim Williamson 48 Forth PC P. O. Box 651 Whitefish, MT 59937 RE: Granary Ridge Subdivision Dear Mr. Williamson; Delivery for Granary Ridge Subdivision located at 1365 Whitefish Stage Road has been approved for Cluster Box Unit (CBU) delivery. The developer will provide one 16-unit CBU and an 8-foot x 4-foot cement pad to be placed in the location noted on site plan/diagram (see enclosed.) The pad will need to be fabricated according to the enclosed specs (postal regulations), centered, and abutting the curb. We will need a final plat provided by the county and the enclosed agreement signed and returned to me. If you have any questions regarding this matter, you may contact me at 755-6450. Sinoe-r ly, ,y t Susii Carter Growth Management Enclosures CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, GLACIER BANK, as Beneficiary of a Deed of Trust dated May 14, 2004 to secure an indebtedness of $750,000.00, hereby consents to the Platting of a tract of land to be known and named as "GRANARY RIDGE" N WITNESS WHEREOF, said party has caused their name to be subscribed hereto on this day of STATE OF MON ANA. ) SS COUNTY OF FLATHEAD ) 2005, On this 17 day of t , 200k, before me a Notary Public for the State of vim,l ' personally a geared whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. Notary Public fo' the State of Montan Residing at: 9A-zilotil My Commission Expires: / f ee z CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA,, the undersigned, GLACIER BANK, as Beneficiary of a Deed of Trust dated September 8, 2005 to secure an indebtedness of $755,819.00, hereby consents to the Platting of a tract of land to be known and named as "GRANARY RIDGE" IN WITNESS WHEREOF, said party has caused their name to be subscribed hereto on this day of 12005. STATE OF MONTANA ) SS COUNTY OF FLATHEAD ) On this -7 day of J&,4A4A,t-&j6,200. , before one a Notary Public for the State of �eu_--! personally ` peared whose name is subscribed to the foregoing instrument and acknowledged to the that they executed the same. Notary Public for; a State of Montana J Residing at: _ , l.-1.rA) t My Commission Expires: I ` o 1 3 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only SANDS SURVEYING BY: FOR: GRANARY RIDGE INC DATE: 1/1112006 DESCP: GRANARY RIDGE SUB PURPOSE: Amd. Plat (amd. L.3 said. L.3 Sub 150, LA Sub 150 & Tr 5Q all in 32-29-21 l hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. --------- --- Deputy Treasurer (seal) JAN 2 3 2006 0 1 12KM o. . I 11mi Image courtesy of the U.S. Geological Survey Project: Granary Ridge Development Kalispell, Montana Job Number: Date: Vicinity Map CMG Engineering, Inc. Kalispell, MT FIGURE I 05-144 December 19,2005 - ... .. ...... sas r..ras £u� ul6u3 rm�� i 1\J/SM 1 ais 6 4 S a U-1 z Project: Granary Ridge .Development Kalispell, Montana Job Number: Date: Site Plan CMG Engineering, .Inc. Kalispell, MT FIGURE 2 05-144 December 1 R, 2005 E) PLAT OF GRANARY RIDGE SUBDIVISION A P.U.D. and AA#EN D PLAT" of LOT 3 of AMENDED, PLAT LOT 3, SUBDIVISION No. 150, and LOT 4, SU801VISION No. 150 in the W THE WI/2SWI/4 SEC. 32,, T.29W, R.21W„ F'K9 FLAMEAD COUYTY, MOMANA curt r. N s . rr sr ar LOT Z sU®EYam N0. 1501 M WP ar I:A.VW AD? At�ft �ri�p�rar elc si4' 31!$/7/ ltiiEOl 1 /AI// NpY� $ Sao I�ea111YRs WLN' � / agar iaW . �:'s " JW Mar 7iiTr law rasp.Mir easaaar '��„ nrar Usx a Z r �'va !'- rirr awe 0 �W j j A-"!4 - !#Qr 9. A11F"D PLAT LOT 3. � smvzm Nc to $UEipIVow Na. 250E �` ka a acsr anal' w..�.� 3 aaarALM w unm EssEW eb m� 1\ 14 12 (3 fff � '3 w m r siC a�yi� .R M +aar am i ill � ram- M scar' y� � I �1 • � i1 � •{ • ra h OW ,®r I rw.lr,ow t§ W � 1cos 23511 �'�ri-pp Nw um' fi rear aa• �.�.A�PpVaT MI�a' A-� Ilfl' W M WE�a UYLITY 10 817p'piYa'a' , /r7/yr'i /Pi/P _ mar rnaa 1' aaar % w��y r,-- ENGINLIRJNC,I C, s. ,::: ..A Hz__ - 400- cud. `? 8t56 .(0 - December 20, 2005 TK Builders I" and Main Building V Street East, Suite 204 Kalispell, MT 59901 Subject: Geotechnical Investigation / Slope Stability Assessment Granary Ridge Development Kalispell, Montana CMG Project No.: 05-I44 Dear Mr. Tom Kline, At your request, CMG Engineering, Inc. (CMG) has conducted a geotechnical investigation and slope stability assessment for the planned Granary Ridge Development, in Kalispell, Montana. The Vicinity Map, Figure 1, shows the general location of the site. The investigation was conducted to evaluate subsurface materials, observe conditions at the site, and develop recommendations for site preparation, earthwork, general foundation guidelines, and surface drainage. The investigation included a review of existing subsurface information for the site vicinity, subsurface explorations, field and laboratory testing, and engineering analyses. This report describes the work accomplished and provides our conclusions and recommendations for use in the design and construction of the proposed project. CMG has strived to perform the investigation and develop recommendations in a manner consistent with the degree of care that is presently standard to the geotechnical engineering profession. PROJECT DESCRIPTTION The project site is located in the north portion of Kalispell, adjacent to Whitefish Stage Road as indicated on Figure 1. The proposed development will consist of 8 duplex buildings on 16 lots with an asphaltic concrete paved access road. The location and configuration of the proposed development are shown on the Site flan, Figure 2. Available design details indicate the proposed buildings will consist of single -story structures with attached garages. Based- on proposed floor elevations and the existing topography, we anticipate fill placement will be limited to Lots 6 and 7. Maximum fill heights of 2 to 3 ft are anticipated, Our past experience with similar structures Gra�idgee Development - KaliTe.[l, Montana ---------------___ -.,----------__-._-_CMG Engineering, Inc. indicates column and wail loads will be no greater than 50 kips and 3 kips per lineal ft, respectively. SITE DESCRIPTION General The project site is bordered by residential development to the north and south, a relatively steep, downward sloping hill to the east, and Whitefish Stage Road to the west. Past development of the site consists of an existing house, small sheds, and utilities near the south property boundary. The proposed development area is vegetated with. grass, and the slope along the east side of the site is vegetated with grass, underbrush and large evergreen trees. Seeps and springs were not observed at the ground surface within the planned development area; however, evidence of past spring activity was observed on the slope, near the northeast corner of the site. It appears that past development within the planned building footprints has not occurred. Topography Site observations and review of the available topographic survey information., provided by you, indicates the area to be developed is relatively flat. However, east of the proposed development, the ground slopes downward at average slopes of about 13/4H: IV. Elevations range from about 3,004 ft near the northwest property corner to about 2,997 ft near the center of the east development boundary. Elevations in the vicinity of the slope range from about 3,000 ft at the crest of the slope to about 2,940 ft at the toe. It appears the majority of the project area has not been disturbed by previous development, and undisturbed, native soils should be anticipated. Based on the current site plan, the buildings along the east property boundary will be located at least 20 ft (horizontally) from the crest of the slope. Geology The project site lies in the Rocky Mountain Trench bounded by the Salish Mountains to the West and the Swan Range to the East. The trench was traversed by the Flathead Glacier and was covered by substantial areas of glacial lakes during recession of the ice mass. The surficial geology of the area consists of silts and clays deposited by glacial. lakes and sands deposited during more turbulent times. The soils are underlain by glacial till soils consisting of silty gravel with large cobbles and boulders that were deposited during glaciation of the area. Based on past experience and observations during this investigation, we anticipate the glacial till soils are more than 60 ft below the ground surface in this area. Seepage is common, but relatively unpredictable in these deposits. The relatively steep slope along the east property boundary was carved by the Whitefish River following glaciation. This slope is an ancient river bank and extends for miles along the west side of the river, This slope has a history of periodic failure, particularly in areas steeper than 1 %H:1 V and where increased surface water flows are added at the crest of the slope. There is some evidence of past failures below the project area as indicated by hummocky, irregular terrain beyond the toe of slope. However, the majority of the slope appears constant and continuous with numerous large evergreen trees, indicating slope movement has not occurred in more than 50 years. It appears that some slope activity has occurred in an oversteepened area of the slope below the northeast Page 2 Granary Rime Development -Kalispell, Montana CMG Engineering, Inc. corner of the site. Based on observations at the site, the slump was likely caused by water added to the slope in a concentrated area by stormwater pipes and rain gutters from the neighboring development. The slump is near the toe of the slope and is below Lots I and 2, where the crest of the slope extends to the northeast as opposed to directly north. Planned foundations in this area are between 35 and 55 ft from the crest of the slope. Site Seismicity The site lies within the Intermountain Seismic Belt and is snapped as a zone of potentially significant seismic ground movement. Subsurface materials encountered during this limited investigation indicate the site soils should be classified as Site Class E, in accordance with the International Building Code (IBC 2003). Based on the relatively medium stiff to stiff nature of the soils and low groundwater table, we anticipate the risk of liquefaction or lateral spreading is low. SUBSURFACE CONDITIONS General Subsurface materials and conditions at the site were investigated on April 27, 2005 with four borings, designated B-1 through B-4. Borings B-1 and B-2 were completed near the crest of the slope, near the rear of Lots 2 and 6. The approximate locations of the borings are shown on Figure 2. A detailed discussion of the field exploration and laboratory testing programs completed for this investigation are provided in Appendix A. .Logs of the borings are provided in Appendix A on Figures I A through 4A. Soils Typical soils observed at the ground surface consist of fill material and low plasticity silt soils with varying percentages of organics and sand (topsoil). The fill and topsoil zones extend to depths of about 0.5 to 2.5 ft. The fill and topsoil are underlain by interbedded layers of silt, sand and clay with varying combinations of the these three soil constituents. Standard Penetration Blow counts range from 5 to 28 blows per ft, indicating the relative consistency of the soil ranges from medium stiff to very stiff. Moisture contents of these soils tend to increase with increased clay contents and decrease when sand percentages increase. Moisture contents also tend to increase with depth and generally range from about 2 to 10 percent in sand soils and 15 to 32 percent in silt and clay soils. All four borings completed for this investigation were terminated in the silty clay soils at varying depths ranging from 10.3 to 60.1 ft. Groundwater Groundwater was not observed in the majority of the subsurface explorations at the time of drilling except in Boring B-1. A 2-inch diameter slotted PVC pipe was installed in Boring B-1 to be used to record periodic groundwater levels. On May 12, 2005, groundwater depths were measured at about 57.0 ft below the ground surface, corresponding to an elevation of 2,945 ft. It should be noted that this elevation corresponds to the approximate elevation of the toe of the steeper portions of the slope to the east of the development. We anticipate the groundwater level rises and falls in response to rainfall and snowmelt. Numerous other factors may contribute to groundwater fluctuations and occurrence of seepage; evaluation of these factors requires special study that is Page 3 Granary 1 id e Devetapmen, - Kalispell, Montana CMG Engineering, Inc. beyond the scope of this report. ENGINEERING ANALYSIS General Based on discussions with the project team at the time of this investigation, we understand the proposed structures will consist of single -story buildings with attached garages. Five builidngs are planned along the east property boundary with foundation walls at least 20 ft from the crest of the nearby slope. We understand cuts will be minimal and fills up to about 3 ft are planned. on I.,ots 6 and 7. Maximum column and wall loads of 50 kips and 3 kips per lineal ft, respectively, are anticipated for the planned structures. Site Preparation The soils encountered during the subsurface investigation consist primarily of fine-grained moisture -sensitive soils. Based on past experience, the near -surface fine-grained soils encountered during this investigation have little cohesion. As a result, these soils can be easily disturbed and strength diminished during construction if in -situ moisture contents are greater than the optimum moisture content for the soil. This is of particular concern during the seasonally wet times of the year when seepage or surface water is allowed to pond and infiltrate. Therefore, positive site drainage is of critical importance to both construction and long-term performance of the proposed development. Based on our experience in the project vicinity and groundwater level measurements taken during this investigation, we anticipate groundwater levels will be below the planned excavation limits and utility construction. In addition, moisture contents of the near surface soils at the time ofour investigation were below the optimum moisture content for the silty clay and sand soils, indicating the risk of disturbing the soils with construction traffic is low, assuming adequate drainage is provided. Site stripping will need to be conducted in all planned development areas prior to earthwork construction. The removal of topsoil should extend down to firm native soils with minimal organics. Based on observations during; the subsurface investigation, we anticipate the topsoil/cultivated zone will range from 6 to 12 inches thick with an average of 9 inches across the site. Previously placed fill material shall also be removed in areas where settlement sensitive elements (pavement, sidewalks, utilities, concrete slabs, foundations, etc.) are planned. Earthwork We understand it is desirable to use on -site soils for the construction of the relatively small Structural Fills and utility trench backfill. Near surface, on -site soils consist primarily of fine- grained, moisture -sensitive silty clay and sand soils. Soils encountered beneath the topsoil/cultivated zone are suitable for Structural Fill construction as long as the soils are free of organics or other deleterious materials. Compaction of Structural Fill and utility trench baekfill should be accomplished when moisture contents are within 3 percent of the optimum moisture content as determined by ASTM D698. Observations during the subsurface and laboratory investigations revealed that the in situ soils are typically dry of the optimum moisture content as determined by ASTM D698, indicating water will need to be added to these soils and the soils will need to be Page 4 Granary Ridge Development - Kalispell, Montana CMG .Engineenn , Inc. moisture conditioned prior to compaction. Use of on -site, fine grained soils will be a weather - sensitive earthwork operation. It should be realized that fine grained soils can be difficult to compact, particularly during wet or cold weather. Construction of Structural Fill using fine grained soils during relatively wet weather or when temperatures are below freezing (including nightly low temperatures), will significantly reduce the efficiency of earthwork operations. Limiting mass grading to the relatively dry and warm late spring, summer or early fall months will reduce the likelihood of weather affecting construction operations. Foundations We anticipate footings will be established in the relatively medium stiff to stiff silt and clay soils. The moisture sensitive fine grained soils require care and proper drainage to adequately construct the proposed structures. Based on the assumed elevation of the planned footings, it appears the soil to a depth of about 5 feet below the bottom of footings consists of medium stiff and stiff silt and clay soils, with SPT blow counts of 6 to 20 blows per foot. Precautions to minimize disturbance of the bearing surface and reduce associated differential settlements are provided in the Recommendations section of this report. Based on typical design for life structures, we anticipate maximum design loads will be less than 50 kips for column loads, and 3 kips per lineal foot for the continuous wall footings. Field and laboratory test data for this project along with previous geotechnical investigations conducted in the nearby vicinity of this project and on similar soils were used in the foundation analysis. Bearing pressure values of 2,000 psf are based on medium stiff to stiff silt and clay soils or Structural Fill compacted to a minimum of 95 percent of the maximum dry, density as determined by ASTM D698. Excavations necessary to remove disturbed subgrade soils, or unsuitable subgrade soils should be backfilled with Structural Fill gravel as indicated in the Recommendations section of this report. We anticipate settlements associated with the allowable bearing pressures presented above and in the Recommendations section of this report will be less than 1 inch with differential settlements less than 1/2 the total settlement. Settlements are expected to occur over a relatively short time period in response to the loading. Slope Stability Analysis Obvious signs of recent slope instability or land movement was not observed in the vicinity of the slope with the exception of a relatively small area at the toe of the slope, below Lots 1 and 2 of the planned development. However, based on the topography of the area around the site and CMG's past experience with nearby projects, we anticipate that slope failures and soil creep may have previously occurred below the project site. It is likely that the flattening of slopes by past failures have generally aided in the stabilization of the project area, although, caution is still required when developing near the crest of the steep slope. In addition, the slump below Lots I and 2 should be periodically monitored for erosion/movement and may need to be regraded if slumping continues to occur. Due to the proximity of the slumping area to the planned development and the fact that the structures will be set back a distance between 35 and 55 ft from the crest of the slope in this area, we anticipate the existing slump will have minimal affect on the planned development. We also anticipate that soil creep is occurring across the relatively steep slope. Slope creep is the slow Page 5 Granary RideveIoyment - Kalispelt, Montana µ CMG En ineerin, Inc_ downward movement of fine grained soils to a depth of about 5 ft below the ground surface. Soil creep typically occurs on relatively steep slopes comprised of fine grained soils and occurs at an extremely slow rate. Due to no planned structures on the slope, soil creep should not affect the planned development. Two exploration borings were drilled in the project area to a depths of about 39.6 and 60.1 ft to evaluate soil conditions and groundwater levels. The information obtained during drilling was used to conduct a slope stability analysis of the site; in addition, data from projects on similar soils were used for shear strength correlations. The analysis consisted of evaluating the existing conditions at the site along with those following construction. Our stability analysis to model slope behavior used the computer program STABLE611 to generate limiting equilibrium solutions for circular and planar failure surfaces. The limiting equilibrium concept is based on the ratio ofresisting to driving forces or moments. Circular surfaces were analyzed using the Modified Bishop Method, and planar surface analysis used the Modified Janbu Method. When failure impends, or limiting equilibrium is approached, the factor of safety reaches FS=1.0, while a factor of safety at FS=1.5± is normally accepted minimum for design of slopes subject to seepage. For seismic analysis purposes, a pseudo -static method was used employing a horizontal seismic coefficient, kh=0.12; this value is on the order of two-thirds the magnitude of the 500-year earthquake acceleration. A factor of safety, FS=1.0, is normally accepted for transient seismic loading. Existing Condition Anal sis A site plan with topographic contours provided by you, was used to develop a cross section of the slope in the vicinity of the proposed structures. The location of the cross section appears to contain the controlling condition with the steepest slopes and the greatest vertical relief. The soils encountered in Boring B-1 and B-2 were used to generate a soil profile in the vicinity of the cross section. In this analysis, an effective friction angle, (�'=32°, was used for both the silty sand and silty clay soils. A cohesion intercept value, c=0 psf, was used to model the noncohesive nature of the granular materials and a value of 100 psf was used to evaluate the silty clay soils. Based. on past experience in the Kalispell area, moist and saturated unit weights of 120 and 125 pcf, respectively, were used for the entire soil column used in this analysis. A piezometric surface corresponding to the measured groundwater elevation was also input for this analysis. The existing condition analysis resulted in a factor of safety against sliding of about 1.6 to 1.7. The circular failure method (Modified Bishop Method) produced the lowest factor of safety for this analysis. These results indicate the existing slope safety factors to be within the normally -accepted range for slope stability under static, steady-state seepage conditions. For the seismic case, the factor of safety was found to be FS=1.2. Post Construction Section Analysis Following construction of the planned development, we anticipate increased loading due to the presence of structures; however, the building loads compared to the weight of the soil column Page 6 Gram Ridge Develoment - Kalispell, Montana CMG Engineering, Inc_ is minimal and will not have a large effect on the stability of the slope. The post construction analysis assumes drainage is provided around the structure and roof water is collected and .not allowed to outlet on the slope as indicated in the Recommendations section of this report. The analysis also assumes the ground surface in the vicinity of the residence is not significantly regraded (with the exception of minor fills on Lots 6 and 7) to increase the height or angle of the existing slopes. Excavation of soil from the slope and flattening of the slopes will increase the factor of safety and is considered favorable, aside for the disturbance to vegetation. The post construction stability analysis used the same soil properties and geometry as the pre construction analysis. However, loading was added to model the continuous foundations of the proposed structure. The post construction stability analysis results in a factor of safety of about 1.6. For the seismic case, the factor of safety was found to be about FS=1.1 S. The circular failure method (Modified Bishop Method) produced the lowest factor of safety for this analysis. These results indicate the analyzed post construction condition is also within normally acceptable stability limits. RECOMMENDATIONS 1.0 General Site Preparation 1.1 The removal of topsoil and other organic material, including the clearing and grubbing of surf cial vegetation and root zones, should be accomplished within the construction zone prior to any earthwork construction. Due to the presence of moisture -sensitive fine grained soils near the ground surface, care should be taken to reduce the risk of disturbing the soils due to heavy construction traffic during wet conditions. Following removal of surface materials, site preparation canproceed forearthwork, subgrade preparation, and foundations. 1.2 Surface drainage should be established to direct runoff away from the construction area and relatively steep slopes at the east side of the property. 1.3 Excavated material or structural fill to be placed as backfill shall not be stockpiled on or near the crest of the relatively steep slope. Stockpiling soil on or near the crest of the steep slope will add weight to the slope that will reduce the factor of safety against sliding. 1.4 Soils encountered. at the site have a relatively high silt and clay percentage. These soils are fine grained, moisture -sensitive soils that are easily disturbed by construction activities and traffic. During wet weather construction, we recommend construction traffic not travel over fine grained subgrade soils. In areas where heavy construction traffic is anticipated, haul roads with a minimum gravel thickness of 2 feet should be constructed over the planned subgrade. The gravel should consist of a well -graded pit run gravel with a maximum size of 3 inches with no more than 7 percent passing the No. 200 sieve. Geotextile fabric placed between the fine-grained soils and gravel for the haul road will reduce the risk of continued maintenance of the haul road during construction. Provided that the haul road is constructed over firm subgrade stripped of organics, it can be used as a portion of the subbase for the roadway. Page 7 Granary Ridge Development - Kalis ell, Montana �_- _ - Y CMG Entrineerin , Inc. 1.5 The stability of construction excavations and associated worker safety are the responsibility of the contractor in accordance with current OSHA regulations; this responsibility may require design by a registered professional engineer. Based on the predominant soil types encountered during our investigation, temporary construction excavations that are to be planned in accordance with OSHA provisions should assume Type B material conditions for medium stiff to stiff silt and clay soils. Actual subsurface conditions at the time of excavation should be observed by a geotechnical engineer to determine whether slope flattening, bracing or other stabilization is necessary due to seepage or other unexpected conditions. 2.0 Excavation, Earthwork, and Construction Materials 2.1 Heavy-duty, track -mounted hydraulic excavators equipped with a smooth cutting edge will reduce the risk of disturbing the underlying silt and clay soils during excavation. Rubber - tired equipment, including graders and dump trucks, used within 2 ft of subgrade elevation will greatly increase the risk of disturbing the underlying subgrade soils during wet weather conditions.. 2.2 Structural Fill constructed. within proposed building footprints, driveways, sidewalks, and other areas that are settlement -sensitive should be comprised of soils that are free of organics and deleterious materials. All Structural Fill material should be compacted to a minimum of 95 percent of the maximum dry density as determined by ASTM D698. In addition, the moisture content of the Structural Fill at the time of compaction should be within 3 percent of the optimum moisture content as determined by ASTM D698. Structural Fills should consist of well -graded soils with a maximum particle size of 4 inches. On -site soils, free of material greater than 4 inch maximum size and moisture conditioned to within 3 percent of the optimum moisture content is suitable for Structural Fill. All Structural Fill material shall be approved by our geotechnical engineer. In the event where Structural Fill will be placed beneath planned footings, in an area of significant moisture, or at tunes of the year when moisture conditioning of the on -site soils is impractical, we recommend the Structural Fill material meet the following gradation and composition. guidelines: Screen or Sieve Size Percent Passing by Weight 3-inch. 100 1'/z-inch 85-100 No. 4 30-60 No. 200 10 maximum. The sand and gravel -size particles comprising; the fill should be hard, durable rock materials that will not degrade by moistening or under mechanical action of the compacting equipment; i.e. not shale or other clayey rock types. Page 8 Granary Ridge Develo anent - Kalispell, Montana _ - - CMG Engineerin, Inc. • The binder/fines should have maximum Liquid Limit and Plasticity Index values of 25 and 10 percent, respectively. • No frozen, organic, or other deleterious materials should be present in the Structural Fill. 2.3 Structural Fill should be placed in uniform lifts not exceeding a 12-inch loose thickness and be compacted to at least 95 percent of the maximum dry density as determined by ASTM D698. Structural Fill should be placed over undisturbed subgrade material. The subgrade should be observed by a qualified geotechnical engineer prior to fill placement. Structural Fill should not be placed over frozen subgrade or previously placed Structural Fill that has frozen. Due to the presence of the relatively steep slope, we recommend Structural Fill areas be limited to the relatively low area of Lots 6 and 7 and shall not exceed about 3 ft deep. 2.4 Perimeter backfill materials should be approved by our geotechnical engineer and be placed in uniform lifts of maximum 12-inch loose thickness and be compacted to 95 percent of the maximum dry density as determined by ASTM D698. Backfill materials should be placed and compacted per Item 2.2. We anticipate the moisture contents of the excavated materials will be relatively dry of the optimum moisture content and difficult to moisture condition during the relatively cold conditions when temperatures are less than 40 degrees (F). Therefore, depending on construction schedule, we anticipate imported Structural Fill as described in Item 2.2 may be necessary in some areas. Backfill should not be placed on frozen subgrade material or previously placed backf ll that has frozen. Compaction within 5 feet of foundation structures or retaining wails should be accomplished using hand - operated tamping equipment only. 2.5 Structural Fill placement should be observed and tested by our geotechnical site representative. Any areas of rutting, excessive deformation, or other non -uniform performance should be moisture conditioned and recompacted, or removed and replaced, as recommended by our geotechnical engineer. 3.0 Foundation Preparation and Design 3.1 Excavation to foundation elevation shall be accomplished with a smooth -lipped excavator bucket to reduce disturbance. Areas of disturbed subgrade shall be removed prior to rebar and form and placement. Prior to placement of forms and rebar, we recommend our geotechnical engineer observe the native soil at the bottom of the excavation for suitability of the proposed foundation bearing pressures. Care should be taken to minimize disturbance to the silt, clay and sand bearing surfaces. Due to the sensitive nature of the silt and clay soils, if construction is to occur during wet weather conditions, we recommend overexcavating 12 inches below foundation elevations and backfilling with Structural Fill gravel as described in Item 2.2. Compaction should occur immediately after placement of gravel to reduce the risk of disturbing the underlying soils. We recommend our geotechnical engineer observe compaction of the gravel to reduce the risk of applying too much Page 9 Granary Ridge Develo anent -Kalispell, Montana _ CM.G Engi.neer�,_Inc. compactive effort and disturbing the underlying silt and clay soils. 3.2 Where the removal of unsuitable material is required, replacement Structural Fill should be placed and compacted per Item 2.2 to attain foundation grade. Unsuitable materials include previously placed fill materials, soils with support capability less than the bearing values planned for a specific footing, and any saturated or softened/disturbed native soils that may occur due to isolated seepage, weather, or construction activities. 3.3 Continuous wall and spread footing foundations shall be established on undisturbed native soils or compacted Structural Fill. Footings can then be designed with maximum allowable bearing pressures of 2,000 psf provided load -settlement relations discussed in the Engineering Analysis are acceptable. Continuous wall and spread footing foundations should have minimum footing widths of 18 inches and 2 ft, respectively. 3.4 As discussed in the Engineering Analysis section, the relatively steep slope along the east property boundary is sensitive to construction activities. We recommend horizontal setbacks at foundation elevation of at least 25 ft from the slope be established to reduce the risk of the planned development affecting the stability of the slope. It should be noted that the horizontal setback distance is measured at footing elevation from the outside edge of the footing to the location on the slope at the same elevation as the bottom of the footing. With the typical embedment of foundations, we anticipate the 25 ft setback will be accomplished if the building walls are planned no closer than 20 ft from the crest of the slope. 3.5 All foundation footings should have a minimum embedment of 2.0 feet below finished interior surfaces. Exterior wall footings should be embedded a minimum of 3.5 feet below exterior grades to establish frost protection. In addition, foundations should be established a minimum horizontal distance of 25 ft from the slope face. Horizontal distance from the slope face can be, increased by deepening the footing elevation. 4.0 Site Drainage 4.1 Finished site grades should be positively sloped away from foundation and backfill zones. Upslope grading should be designed and maintained to route runoff away from the building areas. 4.2 Due to the sensitive nature of the relatively steep slope, we recommend roof water be collected and piped to a storm sewer system that outlets along the west property boundary. Water from drains and gutters should not be allowed to outlet on or near the slope. 5.0 Seismic Design 5.1 Seismic design following the static procedures outlined in the International Building Code may be conducted using a Site Class E (2003 IBC). A site specific seismic hazard study will be necessary if dynamic procedures are to be followed. Page 10 Granary .R d -Development - Kali.s ell, Montana CMG Engineering, Inc. 6.0 Construction Services and Quality Control 6.1 Geotechnical observation should be provided to monitor the site preparation, earthwork, and foundation stages of construction. These geotechnical services should ascertain that subsurface conditions are reasonably consistent with those determined by our investigation, and should ascertain that site and foundation preparation are consistent with our recommendations. CONCLUSION The foregoing recommendations present our initial geotechnical input for design and construction of the project. In order for these recommendations to be properly incorporated in the subsequent design and construction stages we recommend that our geotechnical and construction materials engineering staff remain involved with the project to ascertain that our recommendations have been properly interpreted both during design and construction. These services will reduce the potential for misinterpretation of subsurface conditions and geotechnical design recommendations that are important in the preparation of project plans, specifications and bid documents. LIMITATIONS CMG Engineering, Inc. has strived to prepare this report in accordance with generally accepted geotechnical engineering practices in this area solely for use by the client for design purposes and is not intended as a construction or bid document representing subsurface conditions in their entirety. The conclusions and recommendations presented are based upon the data obtained during the investigation as applied to the proposed design and construction details discussed in this report. The nature and extent of variations between the borings may not become evident until construction. If variations are then exposed, it will be necessary to reevaluate the recommendations of this report. If changes in the concept, design data, or location of the structures are planned, the recommendations contained in this report shall not be considered valid unless the changes are reviewed by our geotechnical engineer, and a written response is provided. Sincerely, Jahn W. Ayers, P.E. Senior Materials Engineer Page I I Gran ar�Rid e .Devalment - Kalispell, ngi Montana _ -.CMG .Eneering, Inc. FIELD EXPLORATIONS AND LABORATORY TESTING FIELD EXPLORATIONS General The subsurface materials and conditions at the site were investigated by CMG on April 27, 2005, with four borings designated B-1 through B-4. The location of the borings are shown on the Site Plan, Figure 2. All field explorations were observed by an experienced engineer or geologist provided by our firm, who maintained a detailed log of the materials disclosed during the course of the work. The following subsections contain a detailed description of the held investigation completed for this project. Borings Borings B-1 through B-4 were completed to a depths ranging from 10.3 to 60.1 ft. The borings were drilled using hollow -stem auger techniques with a Mobile B-61 truck -mounted drill rig, provided and operated by O'Keefe Drilling of Butte, Montana. Disturbed samples were obtained from the borings at 2.5- to 5-ft intervals of depth. Disturbed samples were obtained using a standard split -spoon sampler. At the time of sampling, the Standard Penetration Test (SPT) was conducted. This test consists of driving a standard. split -spoon sampler into the soil a distance of 18 in. using a 140-lb hammer dropped 30 in. The number of blows required to drive the sampler the last 12 in. is known as the Standard Penetration Resistance, or N-value. The N-values provide a measure of the relative density of granular soils, such as sand, and the relative consistency or stiffness of cohesive soils, such as silt and clay. The soil samples obtained in the split -spoon sampler were carefully examined in the field, and representative portions were saved in airtight plastic bags for further examination and physical testing in our laboratory. The actual length of sample recovered is dependent on the type of material and recovery percentage. Logs of the borings are provided on Figures 1 A through 4A. Each log presents a descriptive summary of the various types of materials encountered and notes the depth where the materials and/or characteristics of the materials change. To the left of the descriptive summary, the numbers and types of samples taken during drilling operations are indicated. To the right, N-values are shown graphically, along with the natural moisture contents, Atterberg Limits, and Torvane shear strength values, if appropriate. LABORATORY TESTING General All samples obtained from the borings were returned to our laboratory where the physical characteristics of the samples were noted, and field classifications were modified where necessary. The laboratory testing program for this project consisted of natural moisture content tests. Natural Moisture Content Natural moisture content determinations were made in conformance with ASTM D2216. The results are shown on the boring logs, Figures 1 A through 4A. Page AA BORING LOG PROJECT: Granary Ridge Development PROJECT NO.: 05-144 CLIENT: TK Builders, LLC DATE: _ 4/27/05 LOCATION: See Site Plan ELEVATION: 3,002 ft DRILLER: O'.Keefe Drilling LOGGED BY: Joshua Smith METHOD: Hollow -stem Auger GW: -;,.z 57.0 ft 5/12/05 GW(2): z B� Pile: [)i•i44 Granary Ridge-3—lop,wit Gare Pr3rac4: iz12fi/2[3- Fes- = � � N LU d LU o 0. MATERIAL DESCRIPTION TEST RESULTS Plastic Limit ;— -- Liquid Limit WakerConkenk (percent) N-values ♦ (Blows per foot) 10 20 30 40 50 80 70 80 90 S-1 S-2 0.0 FILL: Silt with Sand, medium stiff to stiff, .moist, brown and dark brown, scattered organics 5 10 I i S-3 S-5 2 5 8.6 ''.... ,' l: i..'. SILT with Sand; stiff to very stiff, damp to moist, light brown _ ! 00 j' i Silty CLAY; stiff, moist, laminated with thin (less than 1 inch thick) layers of fine grained sand, light brown, gray and pink 15 20— 25 35 i S-S S-7 S-9 S-10— 12.0 S•€A,�: :I• if�r�.. + . ,k ,IJ ' a [!: :•:iii1. SILT with Sand; stiff, moist, light brown, interbedded with layers of silty sand (up to 4 inches thick) and silty I clay (up to 12 inches thick) { c _ � lnstalled 2-inch diameter.PVC pipe to a depth of 60 feet for periodic groundwater measurements. Figure 1A PAGE I of 2 CMG Engineering, Inc. BORING LOG PROJECT: Granary Ridge Development PROJECT NO.: 05-144 CLIENT: TK Builders, LLC DATE: 4/27/05 LOCATION: See Site .Plan ELEVATION: 3,002 ft DRILLER: O'Keefe Drilling LOGGED BY: Joshua Smith METHOD: Hollow -stem Auger GW: -s.z- 57.0 ft 5/12/05 GW(2)• B-1 CONTINUED File; 05-144 firanan• Ridge Developmeet Date Prtntul: 12120f2005 �— - �, Lu v W z �— �, e- o 0 o, MATERIAL DESCRIPTION TEST RESULTS Plastic Water N-values 10 Limit Content 20 A 30 i Liquid 80 90 Limit 0 (Blows 40 (percent) 50 per foot) 60 70 40 45 50 55 60 65 70 I 5-11 S-12 S-13 S-14 S-15 38. 48. 6fl.1 .:.. Silty SAND: medium dense, moist, fine grained sand, brown, interbedded layers of silty clay (up to 4 inches thick) 00 € 00 00 i' t Silty CLAY: stiff, moist to very moist, laminated with thin (less than 1 inch thick) layers of fine grained sand, light brown, gray and pink Bottom of Boring B-1 @ 60.1 ft Installed 2-inch diameter PW pipe to a depth of 60 feet for periodic groundwater measurements. Figure 1A PAGE 2 of 2 CMG Engineering, Inc. .•- . ry Ridge Development PROJECT NO.: 05-144 Builders,CLIENT: TK .. -! ft LOGGEDDRILLER: O'Keefe Drilling METHOD: Hollow -stem Auger i - .MATERIAL DESCRIPTION TEST RESULTS (Blowsper .. 1 20 3040 50 ! E 81 91 ■ FILL: Silt with Sand, medium stiff to stiff, moist, brown and dark brown, scattered organics Wim 10 -20 -25 -35 ■ 2.0] Silty SAND; loose to medium dense, damp to moist, fine grained sand, brown \MMM MM �j� fly moist,a inch thick) layers of fine grained sand, light brown, gray and pink ���i�■ ���� ■������■C: interbedded . . ��..■ ■.��� ■E ®MM.. MM■ MM ■.■.M��� iiMIMMM ��►�p�Silty � ICI CLAY; medium stiff to stiff, moist, laminated with thin (less than 6 inches thick) layers of silty fine grained sand, light brown, gray and pink MMMMME .■M LK.MM : ■■■M , : __ _ ■■' M ■■ ■: ■ MMMMM 4 . a O . d I 4 t Figure 2A PAGE 1 of 2 CMG Engineering, Inc. BORING LOG PROJECT: Granary Ridge.Development PROJECT NO.: 05-144 CLIENT: TK Builders, LLC DATE: 4/27/05 LOCATION: See Site Plan ELEVATION: 2,999 ft DRILLER: O'Keefe Drilling LOGGED BY: Joshua Smith METHOD: Hollow -stem Auger GW: s s GW(2): - B-2 CONTINUED Fie: Di-tAA Grnnan•ILid •e Hereto men€ Dace Printed: 12/E1srz005 o co a a 6 ., CL v o ° MATERIAL. DESCRIPTION TEST RESULTS Plastic Water N-values 10 Limit Content 20 A 30 Liquid 80 90 Limit 0 (Blows 40 (percent) 50 per foot) 60 70� 40 45 50 J5 B0 65 70 S-9 9 M9 is „ Bottom of Boring B-2 @ 39.6 ft Groundwater not encountered. Figure 2A PAGE 2 of 2 CMG Engineering, Inc. BORING LOG PROJECT: Granary Ridge Development PROJECT NO.: 05-144 CLIENT: T.K Builders, L.LC DATE: 4/27/05 LOCATION: See Site Plan ELEVATION: 3,002 ft DRILLER: O'Keefe DrillingLOGGED BY: Joshua Smith METHOD: Hollow -stem Auger GW: GW(2): Bs3 Rile: Sl'.l AA Cr laid •e r-ela mcnt €late Prsntui! 12l36P_Oi1S = �— m LU Q 0) W ` a. �, v -' MATERIAL DESCRIPTION TEST RESULTS Plastic water N-values 10 Limit content 20 ♦ 30 Liquid 80 q 90 Limit (Blows 40 (percent) 50 per foot) 60 70 0 10 15 20 25 30 35 S-1 S-z S-3 S-4 S- 0.0 0'5 3.8 6.4 1 0-3 . 'I' l; SILT with Sand; very stiff, moist, abundant organics, dark brown (Topsoil) SILT with Sand; very stiff, moist, light brown '€j € Silty SAND; loose to medium dense, damp, fine grained sand, light brown I , ' Silty CLAY; stiff, moist, laminated with thin (less than 6 inches thick) layers of silty fine grained sand, light brown, gray and pink Bottom. of .Boring B-3 cr 10.3 ft Groundwater not encountered. Figure 3A PAGE 1 of 1 CMG Engineering, Inc. r BORING LOG PROJECT: Granary Midge Development PROJECT NO.: 05-144 CLIENT: TK Builders, LLC DATE: 4/27/05 LOCATION: See Site flan ELEVATION: 3.003 ft DRILLER: O'Keefe Drilling LOGGED BY: Joshua Smith METHOD: Hollow -stem Auger GW: GW(2)•— B-4 eiie: 05-144 G.—x:a Lqe�� nfo m-c n.w rawd: 12120:2005 Z ► - z w 4 E v =' ro MATERIAL DESCRIPTION TEST RESULTS Plastic Water N-values 10 Limit Content 20 ♦ 30 Liquid 80 G 90 Limit (Blows 40 (percent) 50 per foot) 60 70 5 10 15 2000 -25 30 35 T S-1 S-2 S-3 S-4 S 5 S-6 0.0 1.2::_ 6.4 .00000 20.3 J J J J J J SILT with Sand; stiff, moist, abundant organics, dark brown (Topsoil) - :. - :,: ::: �'. SILT with Sand; medium stiff to stiff, damp, light brown 00 00 (' 0000 0 0 00 000 0 0 l . Silty CLAY; stiff, moist, laminated with thin (less than b inches thick) layers of silty fine grained sand, light brown, gray and pink ---- Bottom of Boring-4 @ 20.3 ft - Groundwater not encountered. Figure 4A PAGE 1 of 1 CMG Engineering, Inc. Return to: Vincent G. Rieger Law Office of Vincent G. Rieger, P.C. 4 Meridian Court Kalispell, MT 59901 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND BYLAWS FOR GRANARY RIDGE TOWNHOUSES 1. Declarant. Granary Ridge, Inc., a Montana corporation (the "Declarant"), is the owner of the real property situated in Flathead County, Montana, more particularly described as follows (the "Real Property„): All the real property shown as Granary Ridge Subdivision, records of Flathead County, Montana. 2. Purpose. The purpose of the Declarant in making this Declaration is to create a townhouse development known as Granary Ridge Townhouses on the Real Property (the "Project" or "Granary Ridge Townhouses"). The Declarant further intends to ensure the attractiveness of the Real Property, including the Townhouses and other Improvements constructed on it; to prevent any future impairment of the Real Property and to guard against the construction on the Real Property of Improvements of improper or unsuitable materials or with improper quality or methods of construction; to protect and enhance the value and amenities of the Project; to provide for the operation, administration, use and maintenance of the Common Areas and Common Elements within the Real Property; to preserve, protect and enhance the values and amenities of the Real Property; and to promote the health, safety, and welfare of the owners of the Real Property. 3. Imposition of Covenants. To accomplish the purposes indicated above, the Declarant hereby declares that from the date of recording this Declaration forward, the Real Property will constitute a Townhouse community, and will be held, sold, and conveyed subject to the following covenants, conditions, restrictions and easements (collectively, the "Covenants"). The Covenants will run with the land and will be binding upon all persons or entities having any right, title, or interest in all or any part of the Real Property (including Declarant) and their heirs, successors, and assigns, and their tenants, employees, guests, and invitees. These Covenants will inure to the benefit of each Owner of the Real Property. 4. Definitions. The following terms, as used in this Declaration, are defined as follows: a. "Architectural Review Committee" or "Committee" means the committee formed pursuant to Section 18 to maintain the quality and architectural harmony of improvements in Granary Ridge Townhouses. b. "Articles " or "Articles of Incorporation " means the Articles of Incorporation of the Granary Ridge Townhouses Homeowners' Association, Inc., a Montana non-profit corporation, which have been filed with the Montana Secretary of State, as such articles may be amended from time to time. C. "Assessments " means the annual and special assessments levied to meet the estimated cash requirements of the Association. d. "Assessment Account" means the bank account established in the name of the Association into which all Assessments will be deposited and from which all Common Expenses will be paid. e. " Association " means the Granary Ridge Townhouses Homeowners' Association, Inc., a Montana nonprofit corporation, and any successor of that entity by whatever name. f "Board" means the Board of Directors of the Association. g "Common Area " means all of the areas shown as private roadways, parking spaces and common areas, depicted on the recorded plat or survey of Granary Ridge Townhouses, records of Flathead County, Montana and any other property in which the Association owns an interest for the common use, benefit and enjoyment of the Members. h. "Common Elements" means those party walls, common exterior building components, common landscape irrigation system, perimeter fencing, and other Improvements which are reasonably intended to inure to the benefit of all Owners. i. "Common Expenses" means the expenses of the Association for the common benefit of all of the Owners and for maintenance, repairs and upgrades to the Common Areas and Common Elements and for administration and overhead of the Association. j. "Declarant" means Granary Ridge, Inc., a Montana corporation. k. "Declaration" means this Declaration of Covenants, Conditions, Restrictions, Easements and Bylaws. 1. "Improvement(s) " means all buildings, parking areas, loading areas, fences, walls, hedges, plantings, lighting, poles, driveways, roads, gates, signs, changes in any exterior color or shape, excavation and all other site work, including, without Iimitation, grading, utility PA improvements, removal of trees or plantings, and any new exterior construction or exterior improvement which may not be included in the foregoing. M. "Lot" means a parcel of real property designated as a lot on any plat of the Real Property. n. "Member" means any person or entity holding membership in the Association. o "Owner" means the owner of record (including Declarant, and including the most recent contract purchaser, but excluding all contract sellers), whether one or more persons or entities, of fee simple title to any Lot or, if the Lot is subject to one or more contracts for deed, the owner of the purchaser's interest in the most recent contract for deed, but "Owner" does not mean or refer to any person or entity who holds such interest merely as security for the performance of a debt or other obligation, including a mortgage or trust indenture, unless and until such person or entity has acquired fee simple title pursuant to foreclosure or other proceedings. p. "Real Property" means and includes the real property described above and subject to this Declaration. q "Townhouse" means a Lot and the Improvements located thereon. 5. Votin2. Voting shall be based on one vote per Lot. If there is more than one Owner of a Lot, the Owners shall designate their representative by written notice to the Board, signed by all of the Owners of the Lot. The total number of votes shall be sixteen (16). If an Owner owns more than one Lot, such Owner shall be entitled to one (1) vote for each Lot owned. 6. Membership. Every Owner, by virtue of being an Owner, and for so long as he is an Owner, will be a Member of the Association. Membership will be appurtenant to and may not be separated from ownership of any Lot. No Owner, whether one or more persons, will have more than one membership per Lot owned, but all of the persons owning each Lot will be entitled to rights of membership and of use and enjoyment appurtenant to such ownership. For purposes of voting, the Declarant shall have one vote for each Lot owned by the Declarant. 7. Meetings. There shall be an annual meeting of the Owners at such place and time as is designated in writing by the Board. Unless notified otherwise by the Board, the meeting shall be held on the second Tuesday of October of each year. Notice of the meeting shall be delivered to the Owners not less than thirty (30) days nor more than fifty (50) days prior to the date fixed for said meeting. A special meeting of the Owners may be called at any reasonable time and place by written notice signed by a majority of the Board or by the Owners possessing five (5) votes and delivered to all Owners not less than twenty (20) nor more than forty (40) days prior to the date fixed for said meeting. The presence of the Owners having a majority of the total votes at any meeting shall constitute a quorum. Unless otherwise expressly provided herein, any action may be taken at any meeting of the Owners upon the affirmative vote of the Owners having a majority of the total votes present at such meeting. 8. Election of Board of Directors and Officers. At each annual meeting of the Owners, the Owners shall elect the Board for the forthcoming year, consisting of three (3) Directors who shall serve without compensation. Two (2) members of the Board shall constitute a quorum. Except for the initial Board, in order to be eligible to be elected as a Director, a person must be an Owner. At any time any director ceases to be an Owner, his membership on the Board shall thereupon terminate. The intended term of office of the Directors shall be for one (1) year for the first Director elected, two (2) years for the second Director elected and three (3) years for the third Director elected, and the term of office shall hereafter be for three (3) years. Any Director may be re-elected to serve for an additional term or terms. Vacancies on the Board may be filled by the remaining members thereof provided there are at least two (2) remaining members. 1f there are less than two (2) remaining members, vacancies must be filled by the Owners in a meeting called for that purpose. Any member of the Board may be removed and a successor elected for the un-expired portion of his term by a majority of the Owners present at a special meeting called for such purpose. The Board shall act by a majority vote of those present at its meeting where a quorum exists. Meetings may be held and conducted in accordance with such regulations as the Board may adopt. The Board shall elect a President from among its members who shall preside over both its meetings and those of the Owners. The Board shall also elect a Secretary and a Treasurer at each annual Board meeting, which meeting shall be held immediately following the annual meeting of Owners without any additional notice. The Board may also act without a meeting by unanimous written consent of its members. The initial Board of Directors shall consist of the following three individuals: Paul D. Wachholz Robert J. Nadvornick Thomas Klein 1205 South Main 1205 South Main 1" & Main, No 8 Kalispell, MT 59901 Kalispell, MT 59901 1" Street East, Suite 204 Kalispell, MT 59901 9. Authority of the Board of Directors. The Board shall have the authority to make Assessments and to payout of the Assessment Account the following expenses which are defined as "Common Expenses": a. Exterior painting, exterior maintenance, landscape maintenance (including lawn care), private roadway and driveway maintenance (including snow removal and asphalt seal coating), and exterior repair of the Common Elements as the Board shall determine necessary and proper. The Board shall have the exclusive right and duty to arrange for such painting, exterior maintenance, landscape maintenance, private roadway and driveway maintenance, and exterior repairs of the Common Elements. b. A policy or policies insuring the Association, the Board and the Owners against any liability to the public or to the Owners of the Townhouses and of the Common Areas and Common Elements, and their invitees, or tenants, incident to the ownership and/or use of the Common Areas, Common Elements and the Townhouses. The limits of the liability insurance shall be not less than $1,000,000 for any one occurrence; $3,000,000 aggregate coverage; and $500,000 for property damage (such limits to be reviewed at least annually by the Board and modified in its discretion). C. Legal and accounting services necessary or proper for the operation of the Association or enforcement of this Declaration. d. Refuse removal and hauling services. e. Utility and maintenance costs associated with the common landscape irrigation system. Such system shall be separately metered and shall be maintained by the Association. £ Any other materials, supplies, labor, services, maintenance, repairs, structural alterations, capital additions, capital improvements, insurance, taxes or assessments which the Board is required to secure or pay pursuant to the terms of this Declaration or by law or which in its opinion shall be necessary or proper for the operation of the Association, the Townhouses, the Common Areas, or the Common Elements. The Board shall also pay any amount necessary to discharge any lien or encumbrance levied against the Real Property or any part thereof which may, in the opinion of the Board, constitute a lien against the Common Areas or Common Elements rather than merely against the interests therein of particular Owners. Where one or more Owners are responsible for the existence of such a lien, they shall be jointly and severally liable for the cost of discharging it and any costs incurred by the Board by reason of said lien or liens shall be specially Assessed to said Owners. g. The maintenance and repair of any Townhouse or Improvement thereon, or of the Common Area or the Common Elements, if such maintenance or repair is reasonably necessary in the discretion of the Board to protect the Common Area or Common Elements or preserve the appearance and value of the Townhouses, and the Owner of said Townhouses has failed or refused to perform said maintenance or repair within such time as determined by the Board after written notice of the necessity of said maintenance or repair delivered by the Board to said Owner; provided, however, that the Board shall levy a special Assessment against such Townhouse for the cost of said maintenance or repair, since such maintenance and repair is the primary responsibility of the Owner. 10. Common Expenses, Assessments. a. At least fifteen (15) days prior to the annual meeting of the Owners, the Board shall estimate the amount of the Common Expenses to be paid during such year (including a reasonable provision for contingencies and less any surplus from the prior year's fund). If said sum estimated proves inadequate for any reason, including non-payment of any Owner's Assessment, the Board may at any time levy a special Assessment to make up the shortfall. Each Owner shall be obligated to pay Assessments to the Association in annual installments on or before the first day of the month following the month of the Assessment, or in such other manner as the Board may designate, and any unpaid Assessments shall bear interest at the maximum rate allowed under Montana law until paid. b. When the Board appointed hereunder takes office, it shall determine the estimated Common Expenses for the period commencing on the day the first Owner takes possession of his Townhouse through December 31, 2006. Assessments for such estimated Common Expenses 5 may be levied against the Owners and if levied, shall be payable within fifteen (15) days after such levy. C. Each Owner will be responsible for that Owner's share of the Common Expenses, which will be divided equally among the Lots included in the Project under this Declaration from time to time. Accordingly, at any given time, an Owner's share of Common Expenses will be determined as a fraction, the numerator of which is the number of Lots owned by the Owner, and the denominator of which will be sixteen (16), the number of Lots platted and incorporated into the Project. Vacant Lots shall be assessed at the same rate as fully improved Lots. The Declarant is not exempt from assessments and shall pay assessments based on the number of Lots owned by the Declarant, whether un-built or fully improved. d. The omission by the Board, before the expiration of any year, to fix the Assessments hereunder for that or the next year, shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owner from the obligation to pay the Assessment or any portion thereof for that or any subsequent year, but the Assessment fixed for preceding years shall continue until a new Assessment is fixed. C. No Owner may exempt himself from liability or escape liability for the Assessment provided for herein by waiver of the use or enjoyment of any of the Common Areas or Common Elements or by abandonment of his or her Townhouse. 11. General Remedies of Association for Nonpayment of Assessment. Any installment of an Assessment which is not paid within 30 days after its due date will be delinquent. In the event that an installment of an Assessment becomes delinquent, the Association, in its sole discretion, may take any or all of the following actions: a. Assess a late charge for each delinquency at uniform rates set by the Board from time to time; b. Charge interest from the date of delinquency at the maximum rate permitted under Montana law; C. Suspend the voting rights of the Owner during any period of delinquency; d. Accelerate all remaining Assessment installments for the fiscal year in question so that unpaid Assessments for the remainder of the fiscal year will be due and payable at once; e. Bring an action at law against any Owner personally obligated to pay the delinquent Assessment charges; f. File a statement of lien with respect of the Lot and foreclose as set forth in more detail below. The remedies provided under this Declaration will not be exclusive, and the Association may enforce any other remedies to collect delinquent Assessments as may be provided by law. 0 12. Assessment Lien. Any Assessment chargeable to a Lot will constitute a lien on the Lot, effective the due date of the Assessment. To evidence the lien, the Association may, but will not be obligated to, prepare a written lien statement with respect to the Lot, setting forth the name of the Owner, the legal description of the Lot, the name of the Association, and the delinquent Assessment amounts then owing. Any such statement will be duly signed and acknowledged by a Director of the Association and will be served upon the Owner of the Lot by certified mail, return receipt requested, to the address of the Lot or at such other address as the Association may have in its records for the Owner. At least ten (10) days after the Association mails the statement to the Owner, the Association may record the lien statement in the office of the Clerk and Recorder of Flathead County, Montana. Thirty (30) days following the mailing of such notice to the Owner, the Association may proceed to foreclose the lien in the same manner as provided for the foreclosure of mortgages under the statues of the State of Montana. 13. Exclusive OwnershiR and Possession by Owner. Each Owner shall be entitled to exclusive ownership and possession of his Lot and Improvements thereon. Each Owner shall be entitled to an undivided interest in the Common Areas and Common Elements as set forth on the plat on file and of record in the offices of the Flathead County Clerk and Recorder. The percentage of the undivided interest of each Owner in the Common Elements shall have a permanent character and shall not be altered. The percentage of the undivided interest in the Common Elements shall be deemed to be conveyed, encumbered or released from liens with the Lot and Improvements thereon even though such interest is not expressly mentioned or described in the conveyance or other instrument. Each Owner may use the Common Elements in accordance with the purpose for which it is intended without hindering or encroaching upon the lawful rights of the other Owners. 14. Taxes and Assessments. Each Owner shall execute such instruments and take such action as may reasonably be specified by the Board and required by law to obtain the separate tax assessment of each Townhouse. If any taxes and/or assessments may, in the opinion of the Board, nevertheless, be a lien on any part of the Common Areas or Common Elements, they shall be paid by the Board and shall be assessed by the Board to the Owners. Each Owner shall be obligated to pay an Assessment by the Board for his pro rats share of any taxes or assessments assessed against the property of the Association, such payment to be made to the Board at least fifteen (15) days prior to delinquency of such tax or assessment. All such taxes and assessments shall be secured by the lien described in paragraphs 11 and 12, if such a lien is required. 15. Owners' Obligation to Repair and Maintain. Each Owner shall, at the Owner's expense, keep the interior of his Townhouse and the Improvements thereon in good order, condition and repair and in a clean and sanitary condition and shall undertake all maintenance and repairs and other actions which may at any time be necessary to maintain the good appearance and condition of said Owner's Townhouse and Improvements thereon. Owners shall be responsible for the maintenance, repair or replacement of any plumbing fixtures, water heaters, furnaces, lighting fixtures, refrigerators, air conditioning equipment, or other fixtures, and equipment that may be in or connected with same. Owners shall also, at the Owner's 7 expense, keep the driveway and parking areas which are appurtenant to their Lot in an orderly, clean, sanitary condition. 16. Prohibition Against Structural or Cosmetic Changes by Owner. Owners shall not, without first obtaining written consent of the Architectural Review Committee, make or permit to be made any structural alteration, improvement or addition in or to his Townhouse or to the Common Area or Common Elements of the Project. Owners shall do no act nor any work that will impair the structural soundness or integrity of the Improvements or safety of the Townhouse without the written consent of the Architectural Review Committee. Owners shall not paint or decorate any portion of the exterior of the Townhouses or Common Elements. Owners shall not seal coat or otherwise resurface the driveways serving their individual Townhouses. To maintain uniformity throughout the Project, exterior maintenance of the Townhouses, including roofing, painting, driveway seal coating, and any other item visually impacting the Project shall be the responsibility of the Association and shall be deemed a Common Expense. The original landscaping of the Project installed by the Declarant shall not be modified or upgraded without the written approval of the Architectural Review Committee. 17. Use Restrictions. The Townhouses and the Real Property will be used only for the purposes set forth in this Declaration and as permitted by the applicable regulations of the City of Kalispell, Montana and the laws of the State of Montana and the United States. a. Each Townhouse shall be occupied or used only as a private residence for the Owner and the Owner's family or the Owner's lessees, invitees or guests. No Townhouse shall be occupied other than as a single-family residence. b. There shall be no obstruction of the Common Areas or Common Elements and nothing shall be stored in the Common Areas or Common Elements without prior written consent of the Board. C. Nothing shall be done or kept in any Townhouse or on any Lot or on the Common Areas or in the Common Elements which will increase the rate of insurance on any of the Real Property, without the prior written consent of the Board. No Owner shall permit anything to be done in his Townhouse or on his Lot or in or on the Common Areas or Common Elements which will result in the cancellation of insurance on any of the Real Property or which would be in violation of any law. d. Other than signs advertising Townhouses for sale or rent, or signs of a type and size approved by the Board displayed to identify the address of a Townhouse, no sign, billboard or advertising structure of any kind shall be erected or maintained on any Lot. e. Television, radio, satellite dishes, or other antennae are permitted, but the location, height, and size of such antennae must be approved by the Architectural Review Committee. N. f. No trash, debris or organic waste shall be permitted to accumulate on any Lot or in any roadway adjacent thereto, and shall be promptly disposed of. Trash and refuse cans and receptacles shall be maintained and stored by the Owners inside the private garages. g. The Declarant and the Association shall have the right to fence (including the right to repair existing fencing) all or a portion of the perimeter of the Real Property. Fencing on individual Lots is permitted on the following conditions: 1. Plans for the proposed fence shall be submitted by the Owner to the Architectural Review Committee. No fencing shall be constructed until approved in writing by the Architectural Review Committee. 2. The fenced area shall be located immediately behind the Owner's Townhouse. The fenced area shall be no deeper than sixteen feet (16') and no wider than the Owner's Townhouse. 3. Fences shall not exceed four feet (4') in height. 4. Once the Architectural Review Committee approves the first fence in the Project, all other fences shall be constructed of the same material and be of uniform height and finish. S. All landscaping and all landscape irrigation within the fenced area shall become the responsibility of the Owner. It shall be the Owner's responsibility to relocate and/or repair the irrigation system serving the Common Areas if such irrigation system is impacted by the fencing of the Owner's Townhouse. h. No Owner shall install a wood burning stove, pellet burning stove or wood burning fireplace in his Townhouse. i. No unlicensed, unsightly or inoperative motor vehicles or equipment, bodies or parts thereof shall at any time be allowed to remain in public view or the view of the other Owners on any Lot or along the private roadway area or the City of Kalispell streets adjacent to the Real Property. j. No poultry or other birds (except pet birds kept inside a residence), hogs, or other livestock or animals shall be kept or raised on any Lot. No commercial breeding of animals shall occur on any Lot. However, a total of two (2) dogs, cats or other ordinary household pets may be kept in each Townhouse. All pets are to be leashed, fenced or otherwise confined to the Owner's Townhouse or the fenced area immediately behind the Owner's Townhouse. Pets shall not be allowed to roam. No Owner shall have or keep any dog or other animal which barks or whines on a regular or continuous basis, or which otherwise creates an ongoing disturbance for any other Owner. Owners shall immediately clean up and dispose of pet excrement deposited by their pets in the Common Areas. Owners shall clean up and dispose of pet excrement deposited by their pets in the fenced area behind the Owner's Townhouse on at least a daily basis. The X Board may at any time withdraw permission for any ordinary household pet from any Owner who violates or abuses the restrictions set forth in this paragraph. k. No noxious or offensive activity shall be carried on in any Townhouse or on any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the other Owners. 1. There shall be no violation of the roles and regulations which shall be established from time to time by the Board. The Board shall provide a written copy of the rules and regulations to the Owners. in. Nothing shall be done to any Townhouse or the Improvements thereon, or in, on or to the Common Areas or Common Elements which will impair the structural integrity of the Improvements or which would structurally change the Improvements. n. Recreational vehicles, boats or other personal property of a recreational nature shall not be stored or kept outside or on the private driveways or in the off street parking spaces. Visitors in recreational vehicles shall be limited to a stay of one week. o. No Owner shall utilize his or her Lot or driveway as a sports field or court. This prohibition shall include, but not be limited to, basketball hoops or courts, driving ranges, putting greens, badminton, and volleyball courts. 18. Architectural Review Committee. There is hereby established an Architectural Review Committee, which will be responsible for the review and approval of all proposed Improvements on the Lots. a. Committee Membership. The Committee will be composed of three (3) persons. All of the members of the Committee will be appointed, removed, and replaced by the Board. b. Purpose and General Authority. No Improvement will be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor will any construction, repair or reconstruction be commenced until plans for the Improvements have been approved by the Committee; provided, however, that Improvements that are completely within a Townhouse and are non-structural may be undertaken without such approval. The Owner shall submit a site plan and elevations showing the design, location, material, color and exterior finish of proposed Improvements to the Committee. All Improvements will be constructed only in accordance with approved plans. C. Committee Discretion. The Committee will exercise its best judgment to see that all Improvements conform and harmonize with the existing structures as to external design, quality and type of construction, materials, color, location on the Lot, height, grade and finished ground elevation, and the schemes and aesthetic considerations established by the Board and the Committee. The Committee, in its sole discretion, may excuse compliance with such requirements as are not necessary or appropriate in specific situations and may permit compliance with different or alternative requirements. 10 d. Binding Effect. The actions of the Committee in the exercise of its discretion by its approval or disapproval of plans and other information submitted to it, or with respect to any other matter before it, will be conclusive and binding on all interested parties. e. Organization and Operation of Committee. I . Term. The term of office of each member of the Committee will be one year, commencing January I of each year, and continuing until his successor shall have been appointed. Should a Committee member die, retire or become incapacitated, or in the event of a temporary absence of a member, a successor may be appointed by the other members of the Committee. 2. Chairman. The chairman will be elected annually from among the members of the Committee by a majority vote of the members. In the absence of a chairman, the party responsible for appointing or electing the chairman may appoint or elect a successor, or if the absence is temporary, an interim chairman. 3. Notice. The Committee chairman will take charge of and conduct all meetings and will provide for reasonable notice to each member of the Committee prior to any meeting. The notice will set forth the time and place of the meeting, and notice may be waived by any member. 4. Quorum and Voting. Two (2) members of the Committee shall constitute a quorum. The affirmative vote of a majority of the members of the Committee will govern its actions and be the act of the Committee. S. Other Requirements. Compliance with the architectural review process is not a substitute for compliance with the City of Kalispell building, zoning and subdivision regulations, and each Owner is responsible for obtaining all approvals, licenses, and permits as may be required prior to commencing construction. C. Enforcement. i. Inspection. Any member or authorized consultant of the Architectural Review Committee, or any authorized officer, Director, employee or agent of the Association may enter upon any Lot at any reasonable time after notice to the Owner, without being deemed guilty of trespass, in order to inspect Improvements constructed or under construction on the Lot to determine whether the Improvements have been or are being built in compliance with the plans and specifications approved by the Architectural Review Committee. ii. Deemed Nuisances. Every violation of a determination of the Architectural Review Committee is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed for such violation by law or equity against II Member will be applicable. Without limiting the generality of the foregoing, this Declaration may be enforced as provided below. (a) Fines for Violations. The Committee may adopt a schedule of fines for failure to abide by the Committee determinations, including fines for failure to obtain any required approval from the Committee. (b) Removal of Nonconforming Improvements. The Association may, upon request of the Committee and after reasonable time after notice to the Owner, without being deemed guilty of trespass, remove any Improvement constructed, reconstructed, refinished, altered, or maintained in violation of this Declaration. The Owner of the Improvement will immediately reimburse the Association for all expenses incurred in connection with such removal. If the Owner fails to reimburse the Association within 30 days after the Association gives the Owner notice of the expenses, the sum owed to the Association will bear interest at the maximum rate permitted under Montana law from the date the expense was incurred by the Association through the date of reimbursement in full. 19. Entry for Repairs. The Board or its agents may enter any Lot or open any Townhouse and the Improvements thereon when necessary in connection with any inspection, repairs or maintenance for which the Board is responsible. Such entry shall be made with as little inconvenience to the occupants as practicable, and any damage caused thereby shall be made with as little inconvenience to the occupants as practicable, and any damage caused thereby shall be repaired by the Board, at the expense of the Association. 20. Indemnification of Board of Directors. Each member of the Board shall be indemnified by the Owners against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him in connection with any proceeding to which Board member may be a party, or in which he may become involved, by reason of his being or having been a member of the Board., or any settlement thereof, whether or not he is a member of the Board at the time such expenses are incurred, except in such cases wherein the member of the Board is adjudged guilty of willful misfeasance or malfeasance in the performance of his duty. 21. Rules and Regulations. The Board may from time to time establish and amend such rules and regulations as is deemed necessary for the management and control of the Townhouses, Lots and Improvements thereon and the Common Areas and the Common Elements, as not otherwise provided herein and the Owners agree that the Owner's rights under this instrument shall be in all respects subject to rules and regulations, which roles and regulations as promulgated and amended from time to time shall be considered as part of these Covenants; and the Owner agrees to obey all such rules and regulations as the same are or may from time to time be amended and see that the same are faithfully observed by the family, guests, employees, tenants or anyone occupying same under his right and interest. Such rules and regulations shall uniformly apply to and be binding upon all Owners and occupants. 12 22. Notices. Any notice permitted or required to be delivered as provided herein may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered twenty-four (24) hours after a copy of same has been deposited in the United States mail, postage prepaid, addressed to each such Owner, Director or Officer at the address given by such person to the Secretary of the Association for the purpose of service of such notice. Such address may be changed from time to time by notice in writing to the Board. 23. Enforcement. a. Violations Deemed a Nuisance. Every violation of this Declaration is deemed to be a nuisance and is subject to all the remedies provided for the abatement of the violation. In addition, all public and private remedies allowed at law or equity against anyone in violation of these Covenants will be available. b. Compliance. Each Owner or other occupant of any part of the Real Property will comply with the provisions of this Declaration and the Association's rules and regulations. C. Failure to Comply. Failure to comply with the terms of this Declaration or the rules and regulations will be grounds for an action to recover damages or for injunctive relief to cause any such violation to be remedied, or both. Reasonable notice will be given to the delinquent party prior to commencing any legal proceedings. d. Who may Enforce. Any action to enforce these Covenants or the rules and regulations may be brought by the Board in the name of the Association on behalf of the Owners. If, after a written request from an aggrieved Owner, none of the foregoing persons or entities commences an enforcement action, then the aggrieved Owner may bring such an action. e. Nonexclusive Remedies. All the remedies set forth herein are cumulative and not exclusive. f. No Waiver. The failure of the Board or any aggrieved Owner to enforce these Covenants or the rules and regulations in any one or more instances will not be deemed a waiver of the right to do so for any subsequent violations or of the right to enforce the same at any future time. g. No Liability. No member of the Board, the Declarant or any Owner will be liable to any other Owner for the failure to enforce these Covenants or the rules and regulations. h. Recovery of Costs. If legal assistance is obtained to enforce any of the provisions of this Declaration or the rules and regulations, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement or the restraint of violations, the prevailing party will be entitled to recover all costs incurred by it in such action, including reasonable attorneys' fees (and legal assistant's fees) as may be incurred, or if suit is brought, as may be determined by the court. 24. Private Roadway. 13 a. Use of Private Roadway Area. The private roadway area designated on the recorded plat or survey of the Real Property is designated by this Declaration for the common use, benefit and enjoyment of the Owners and their families, tenants, employees, guests and invitees. b. Association's Responsibility} for Private Roadway Area. The Association shall be responsible for the management, maintenance and control of the private roadway area. Such maintenance will include repair and replacement of such private roads, as well as periodic maintenance of the surface and regular snow, ice, and trash removal from the private roadway area. All Owners shall pay to the Association such amounts for road maintenance and repairs, including a reserve for replacement, as may be set from time to time by the Association. C. Association's Agreements Regarding Private Roadway Area. The Association, acting through the Board of Directors, may grant easements, rights -of -way, and licenses through or over the private roadway area without the independent approval by the Owners. Without limiting the generality of the foregoing, the Association may grant such rights to suppliers of utilities or property adjacent to the Real Property, and to developers or owners of property adjacent to the Real Property for the purpose of accommodating minor encroachments onto the private roadway area or other purposes that do not unreasonably interfere with the use and enjoyment of the private roadway area by the Owners. 25. Easements. a. Owner's Easements of Access and Enjoyment. Every Owner has a perpetual, non- exclusive easement for ingress, egress and utilities to and from his Lot and for the use and enjoyment of the private roadway area and all Common Areas, which easement is appurtenant to and will pass with the title to every Lot. b. Easements of Record and of Use. The Real Property will be subject to all easements shown on any recorded plat or survey and to any other easements of record or of use as of the date of recordation of this Declaration. C. Utility Easements. There is hereby created an easement upon, across, over, in, and under the private roadway area and the areas designated on the final plat or survey of the Real Property as utility easements for the installation, replacement, repair and maintenance of all utilities, including but not limited to water, sewer, gas, telephone, electrical, television and other communications systems. By virtue of this easement, it will be expressly permissible and proper for the companies providing utility services to install and maintain necessary equipment on and under the private roadway area and the areas designated on the recorded plat or survey of the Real Property as utility easements and to affix and maintain utility pipes, wires, circuits, conduits and other equipment under those areas. d. Reservation for Construction. Declarant hereby reserves for itself and its successors and assigns and for the Association, a perpetual easement and right-of-way for access over, upon, and across the Real Property for construction, utilities, drainage, irrigation, ingress 14 and egress, and for use of the private roadway area. The location of these easements and rights - of -way may be made certain by Declarant or the Association by instruments recorded in Flathead County, Montana. e. Reservation of Easements, Exceptions, and Exclusions for Utilities, Infrastructure, and Access. Declarant reserves for itself and its successors and assigns and hereby grants to the Association, acting through the Board of Directors, the concurrent right to establish from time to time, by declaration or otherwise, utility and other easements, permits, or licenses over the private roadway area, for purposes including but not limited to streets, paths, walkways, drainage, recreational areas and parking areas, and to create other reservations, exceptions, and exclusions in the interest of the Owners and the Association. f. Maintenance Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, and any member of the Board of Directors, and their respective officers, agents, employees, and assigns, upon, across, over, in and under the Real Property and a right to make such use of the Real Property as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform. g. Drainage Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, its officers, agents, employees, successors and assigns to enter upon, across, over, in, and under any portion of the Real Property for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the Real Property so as to improve the drainage of water. Reasonable efforts will be made to use this easement so as not to disturb the uses of the Owners, the Association and Declarant, as applicable, to the extent possible; to prosecute such drainage work promptly and expeditiously; and to restore any areas affected by such work to a sightly and usable condition as soon as reasonably possible following such work. h. Common Irrigation System. Declarant hereby reserves for itself and its successors and assigns and for the Association, a perpetual easement and right-of-way for access over, upon, and across the Real Property for construction and maintenance of a common landscape irrigation system. i. Off Street Parking. Notwithstanding being located on a specific Lot, the off street parking spaces constructed on the Real Property that are not part of an Owner's driveway are hereby designated as Common Area and shall be available for use by the Owners, their tenants, invitees and guests on a first -come first -serve basis. Declarant hereby reserves for itself and its successors and assigns and for the Association and for the Owners, a perpetual easement and right-of-way for access and parking over and upon the off street parking spaces. j. Existing Water Well. Declarant's predecessor, has granted the property owners to the South of the Real Property, and their successors and assigns, a perpetual access easement and right-of-way for water lines over, upon, and across a portion of the Real Property for the maintenance and use of an existing well, pump house, pump, water lines and other components of a water system. The Easement is recorded in the official records of Flathead County at 15 Reception No. 200525213220. Pursuant to the Easement, the parties utilizing the water well and related water distribution system are responsible for the maintenance and utility costs associated therewith. k. Easements Deemed Created. All conveyances of Dots hereafter made, whether by Declarant or otherwise, will be construed to grant and reserve the easements contained in this Declaration, even though no specific reference to such easements or to this Article appears in the instrument for such conveyance. 26. Books and Records. The Board shall maintain accurate and detailed books and records of the Association. The Association will make available for inspection by Owners and their Mortgagees, upon written request, during normal business hours, current copies of the Association's books, records, and financial statements. At the annual meeting of the Owners, the Board shall present a written statement of the Assessment Account, which itemizes receipts and disbursements for the preceding fiscal year and the allocation thereof to each Owner. 27. Remedies Not Exclusive. All remedies provided for herein for the various parties shall not be exclusive of any other remedies which these parties may have as provided for by law. 28. Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforecability of any one provision shall .not affect the validity or enforceability of any other provision hereof, 29. Term. This Declaration and any amendments or supplements hereto will remain in effect from the date of recordation until the 30a' anniversary of the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana. Thereafter these Covenants will be automatically extended for five successive periods of 10 years each, unless otherwise terminated or modified as provided below. 30. Amendment. This Declaration, or any provision of it, may be terminated, extended, modified or amended, or revoked as to the whole or any portion of the Real Property upon the written consent of Owners holding 67% or more of the votes in the Association. Any document will be immediately effective upon recording in the records of Flathead County, Montana, a copy of such executed and acknowledged by the necessary number of Owners, or alternatively, upon the recording in the records of Flathead County, Montana, of a copy of the document together with a certificate signed by an officer of the Association stating that the required number of consents of Owners were obtained. Fro IN WITNESS WHEREOF, the officers of the Declarant have signed this Declaration on the date shown below. DATED this 13th day of January, 2006. STATE OF MONTANA County of Flathead GRANARY RIDGE, INC. -7,WL&L Thomas S. Klein, President Paul D. Wachholz, Robert J. Nad orni : ss President Secretary and Treasurer This instrument was acknowledged before me on this 13th day of January, 2006, by Thomas S. Klein, President of Granary Ridge, Inc. otary Public for the State of M tana Residing at Kalispell, Montana My commission expires April 1, 2008 STATE OF MONTANA ) :ss County of Flathead } This instrument was acknowledged before me on this 131h day of January, 2006, by Paul D. Wachholz, Vice -President of Granary Ridge, Inc. G\\\\\\\tikt111i1!lfltllJ/i�1/j� NT . R� /z �G..�'�% Notary Public for the State of Mo ana Residing at Kalispell, Montana E A L, �Iva My commission expires April 1, 2008 ;S 17 STATE OF MONTANA ) :ss County of Flathead ) This instrument was acknowledged before me on this 1 P day of January, 2006, by Robert J. Nadvornick, Secretary and Treasurer of Granary Ridge, Inc. 4 j ItI�1�11r►ruir������' Notary Public for the State of M ntana 7Af�lq Residing at Kalispell, Montana i �p• ��! � . • My commission expires April 1, 2008 ;SEAL -" IN 2006025 /0 5)0 DATE /' � IME 0- i�r.S PALS r r" PAULA ROBINSON F ATHEAD COUNTY oNTANA 0 PLANNED UNIT DEVELOPMENT AGREEMENT GRANARY RIDGE O THIS A GREEME19. made as of the. - day of January, 2006, by Granary Ridge, Inc., a Montana corporation, ofAFirst Street East, Suite 4204, Kalispell, MT 59901, hereinafter GRANARY RIDGE, INC., and the City of Kalispell, a municipal corporation, of 312 1st Avenue East, Kalispell, Montana 59901, hereinafter CITY; r% WITNESSETH Q €3 © WHEREAS, GRANARY RIDGE, INC. is the fee owner of certain real property located in Kalispell, Flathead County, Montana, which is further described as follows: Tract 1: Lot 3 of the Amended Plat of Lot 3 of Subdivision No. 150, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Tract 2: Lot 4 of Subdivision No. 150, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Tract 3: A tract of land situated, lying and being in the West Half of the Southwest Quarter (W'/2SW'/4) of Section 32 Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: Commencing at the Southwest Corner of Section 32 Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; thence North 0°00'05" West, a distance of 1147.18 feet to a point; thence East a distance of 239.09 feet to an existing fence post on the Easterly RV of a 60 foot County Road (Old Whitefish Road) and being the True Point of Beginning of the tract of land being described; thence North 0°13'23" East, and along the Easterly R/W of said road, a distance of 206.94 feet to a set iron pin; thence North 89°56'29" East, a distance of 207.52 feet to a set iron pin; thence South 1°27'43" East, a distance of 207.00 feet to a set iron pin; thence PLANNED UNIT DEVELOPER'S AGREEMENT/GRANTARY RIDGE, INC. Page 1 of 8 ,2006025 105M South 89°56'29" West a distance of 213.61 feet to the Place of Beginning. Certificate of Survey No. 2351. and is hereinafter referred to as "Subject Property"; and WHEREAS, (i) GRANARY RIDGE, INC. desires to have a Planned Unit Development overlay (PUD) upon the subject property currently zoned as RA-1 Low Density Residential Apartment that would allow some flexibility in setbacks, lot coverage and lot size; and WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements within the "Subject Property". and prescribe the permitted uses therein, the parties hereto determine it to be in their interests to enter into this Development Agreement. I. GENERAL INTRODUCTION § 1.01 General The use and development of the Subject Property shall substantially conform to and comply with the provisions of the PUD Application filed by applicant and the conditions contained within Kalispell City Resolution No. 5008 conditionally approving the preliminary plat of the Granary Ridge Townhomes PUD and incorporated fully herein by this reference. § 1.02 Relationship to Zoning Ordinance Except as specifically modified or superseded by this Development Agreement, 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. § 1.03 Drawings The drawings comprising the Preliminary Plat and annexed to this Planned Unit Development Agreement are an integral and essential component thereof, and they are incorporated by reference herein. § 1.04 Effectiveness and Cancellation The provisions of this Planned Unit Development Agreement shall become effective immediately and shall terminate upon the issuance of the final building permit for development of the Subject Property, This Development Agreement may be modified or amended only as set forth in Article 1V hereof. PLANINTED UNIT DEVELOPER'S AGREEMENTT/GRANARY RIDGE, INC. Page 2 of 8 200G025 )o5bo § 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. II. PARCEL DESCRIPTION § 2.01 The Subject Property, described in the recitals above, shall be developed with the infrastructure improvements as described below. No building permit shall be issued for any of the parcels unless and until all improvements specified in this Agreement as well as those infrastructure improvements which may be required by the City of Kalispell's Standards for Design and Construction are either constructed or security provided guaranteeing construction of said improvements for that particular parcel upon which a building permit is requested. III. SITE CONDITIONS § 3.01 Public Infrastructure and Easements A. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the PUD as approved by the city council. B. That covenants, conditions, and restrictions for the subdivision shall reflect a provision for the maintenance of common areas and the private internal roadway that are proposed for the townhouses. Setbacks for the townhouses accessed via an interior street shall be measured from the edge of the easement and shall be 20 feet in the front and ten feet in the rear and five feet on the sides with the exception of the zero lot line required to achieve the townhouse configuration. C. At the time of final plat a provision shall be made for the pro-rata share of ownership of the common area for taxation purposes. D. That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter be submitted to the Kalispell Site Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. E. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and the Kalispell Subdivision Regulations with the exception of the roadway as further enumerated below. A letter shall be obtained stating that they have been reviewed and approved by the Kalispell PLANNED UNIT DEVELOPER'S AGREEMENT/GRANARY RIDGE, INC. Page 3 of 8 200GO25 1 U5DO Public Works Department. F. The internal road profile shall consist of a 24-foot wide roadway, two -foot curb and gutter, a five-foot boulevard on the western boundary of the access road and a five foot sidewalk adjoining the five foot boulevard. G. That a minimum 10-foot buffer shall be established along the north boundary of the development to provide screening and buffering for the property to the north. This shall be in the form of berming fencing or landscaping or a combination thereof. These improvements are to be coordinated with the Kalispell Public Works Department and the Parks and Recreation Department. H. The proposed berming and landscaping along Whitefish Stage Road shall be reviewed and approved by the Kalispell Parks and Recreation Department to ensure satisfactory buffering and landscaping. The landscape materials shall consist primarily of living green plant, grasses and shrubs. I. The proposed pedestrian access at the northwest corner of the site shall connect with the internal sidewalk and shall be of concrete construction. A crosswalk shall be installed from this pedestrian path across Whitefish Stage Road that is coordinated and approved by the Montana Department of Transportation., Flathead County Road Department and Kalispell Public Works Department. I That a ten foot right of way reservation for future acquisition for the upgrade of Whitefish Stage Road shall be indicated on the face of the final plat. K. 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 International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. C. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. Secondary emergency vehicle access shall be provided in accordance with International Fire Code (2003) Chapter 5 and Kalispell Subdivision Regulations. e. Hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. f. Street naming shall be approved by the fire department. L. 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. M. That the parkland requirement of 11 percent of the area in lots, which is 2.13 acres and is equivalent to 0.2343 of an acre, shall be met through cash in lieu of parkland. The cash in PLANNED UNJT DEVELOPER'S AGREEMENT/GRANIARY RIDGE, INC. Page 4 of 8 2006025 166DO lieu of parkland shall be based on $45,000 per acre and is equivalent to $10,544. N, The private internal roadway 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. O. That a note be placed on the face of the final plat that waives protest to the creation of any special improvement districts for the upgrade of roads in the area to City standards, which may be impacted by this development. P. A geotechnical study of the slope shall be conducted prior to final plat submittal demonstrating its stability as a building site. Q. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. R. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. S. All utilities shall be installed underground. T. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. U. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free Unix immediately after development. V. 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. IV. AMENDMENT OR MODIFICATIONS OF DEVELOPMENT AGREEMENT § 4.01 This Development Agreement may be amended or modified only, by application of the owner, in accordance with the procedures set forth herein. § 4.02 Application for amendment or modification may be made, to the City of Kalispell Site Review Committee, by any fee owner of a parcel in respect to the Subject Property. § 4.03 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. 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. PLANNED LNUT DEVELOPER'S AGREEMENTT/GRANARY RIDGE, INC. Page 5 of 8 200G025 I U5'0�3 § 4.04 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. § 4.05 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. § 4.06 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. § 4.07 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. CONSTRUCTION PERMITTING § 5.01 General Requirements I. No building permit in respect to the building in any structure shall be issued by the Building Department until the Director of Public Works has certified to the Building Department that the infrastructure improvements and roads as required herein substantially conform to the Site Condition requirements contained in this Agreement and that said improvements have been constructed or security guaranteeing the construction has been received by the City. II. For purposes of this Section, the "Security" required shall be in an amount equal to 125% of the developer's Licensed Engineer's estimate of the cost of constructing said improvements_ VI. MISCELLANEOUS § 6.01 Effective Date This Agreement shall be effective immediately and shall remain in full force and effect until all parcels within the Subject Property are developed or May 16, 2008, whichever occurs first. § 6.02 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 jurisdiction, such provision shall be severable and the remainder of this Agreement shall continue to be of full force and effect. PLANNED UNIT DEVELOPER'S AGREEMENT/GRANARY RIDGE, INC. Page 6 of 8 § 6.03 Recordation This Agreement shall be recorded along with. the CC&R's with respect to the subject property. § 6.04 Entire Agreement Primacy This Agreement constitutes the entire agreement between the parties and may only be amended as set forth herein. In the event, during the terra of this Agreement, there is a variance between the provisions of this Agreement and the CC&R's, filed with respect to the subject property, this Agreement shall take precedence. § 6.05 Binding Effect This Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and assigns. t% Dated this gej�:day of January, 2006. GRANARY RIDGE, INC. by: i .... Tom Klein, President CITY OF KALISPELL r� Jame,/H. Patrick, City Manager STATE OF MONTANA ) ):ss County of Flathead ) On this -aA lay of January, 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Tom Klein in his capacity as President of GRANARY RIDGE, INC., that executed the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. O� 1`1-4 f�d� Notary Public, State of Montana Residing at WAs My Commission Expiref PLANNFj) i Aikw;V , R'Z.GREFMENT/GRANARY RIDGE, INC. /% ° ; +� aa°� Page 7 of 8 1111111010% 20O&0 5 105DO STATE OF MONTANA ) ):ss County of Flathead ) On this ;�� day of , Mao, before me, a Notary Public in and for the State of Montana, personally appeared J MES 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. )-. ,o L Sea� Notary Public, State of Montana Residing at Lei My Commission Expires t>j 1 105 PLANNED UNIT DEVELOPER'S AGREEMENTIGRANARY RIDGE, INC. Page 8 of 8 KalispellCity of Planning Department 17 2"" Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751.-I858 FINAL PLAT APPLICATION Project /Subdivision Name: GRANARY RIDGE Contact Pearson: Name: SANDS SURVEYING, INC Address: 2 VILLAGE LOOP KALSiPELL,SIT 59901 Phone No. • 755-6481 Date of Preliminary Plat Approval: MAY 2 2005 Owner & Mailing Address: GRANARY RIDGE, INC C/O_TK BUILDERS, LLC 8 1" STRSBT, KALISPELL, 59901 T55-8566 Type of Subdivision: Residential K1L Industrial Commercial PUD Other Total Number of Lots in Subdivision 16 Land in Project (acres) 2.5 Parkland (acres) Cash -in -Lieu $ 10 544.0 Exempt No. of Lots by Type: Single Family Townhouse 16 Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Condominium _ Multi -Family Planned Unit Development Other Legal Description of the Property LOTS 3 AND 4 OF SUBDI'MSION # 1150 AND ASSESSOR'S TRACT6 5C IN THE SW Y4 OF SECTION 32, T29N, R21W. FILING FEE ATTACHED $ 2300.00 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/lot Subdivision. Improvements Agreement $ 50 Attached Not Applicable (DWST CHECK ONE Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) KX Consent(s) to Plat (Originals and notarized) XX __� �_ Subdivision. Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement X Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. i certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk &s Recorder requests that all subdivision Nno plat applications be accompanied with a digital copy. Pwner(s) Signature r ate **A digital copy of the final plat in a� yawing 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 PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208926• 13 0 7 CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of Kalispell in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duty authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 211d day of January 12006 , at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Granary Ridge Inc., A Montana Corporation subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $ 1.0 , 000.- 00 This certificate of title is made in consideration of the .payment of the premium by the subdivider of the land and for the use of the County and City above named. ISSUed by: STERUNGa TITL SERVICES 211 SOUth Main Sin, t, �O. B17� �' Kalispell, M-f 5 u 3 Phone: hFaxne: (4 � , ;_,:7.0 05. 2- � - , terlin g406,'�.', .77"63: (Escrow) E-maiHAW l: ` � ..s 1 Authorized Sim ry U CMCAGO TITLE INSURANCE COMPANY sy: r ATTEST sea"" Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-1307 Our File No.: CG-43588 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: A tract of land, situated, lying and being in the West Half of the Southwest Quarter (W%2SW'/4) of Section 32, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Beginning at the NW corner of Lot 3 of the Amended. Plat of Lot 3, Subdivision No. 150 (records of Flathead County, Montana), to a point on the Easterly right-of-way of Whitefish Stage; thence along the North boundary of said Lot 3, South 89039' 11" East, a distance of 205.08 feet to a point; thence North 88° 12' 14" East, a distance of 98.09 feet to a point on the West boundary of the Plat of Glacier Village Greens, Phase VI (records of Flathead County, Montana); thence along said boundary South 01 °55'26" West, a distance of 235.46 feet to a point; thence continuing along said boundary to and along the West boundary of the Plat of Glacier Village Greens, Phase In (records of Flathead County, Montana) South 03°39'02" East, a distance of 138.54 feet to a point; thence South 21 °03'07" East, a distance of 95.84 feet to a point; thence leaving said boundary South 89059'45" West, a distance of 342.54 feet to a point on said Easterly right-of-way of Whitefish Stage; thence along said right-of-way North 00°16'39" East, a distance of 206.71 feet to a point; thence continuing North 00141'44" East, a distance of 254.53 feet to the Point of Beginning. To Be Known As: GRANARY RIDGE SUBDIVISION Page 3 Certificate No.: 7208926-1307 Our File No.: CG-43588 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes for the second half of the year 2005. (as to a portion) 2. Property taxes, including any assessments collected with the taxes, for the year 2006. 3. Reservations in Patents or the acts authorizing the issuance thereof. 4. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other rights relating thereto, whether express or implied, recorded or unrecorded. 5. Delinquent water and sewer charges of the City of Kalispell, if any. 6. Terms and provisions contained in Agreement regarding waterworks system, recorded July 14, 1906 under Recorder's Fee #3491, in Book 54, page 635, records of Flathead County, Montana. 7. Notice of Appropriation of Water Right, recorded August 24, 1.936 under Recorder's Fee #2621, in Book 221, page 297, records of Flathead County, Montana. 8. Easement for transmission line and related purposes granted Pacific Power & Light Company, a corporation, recorded May 23, 1973 under Recorder's Fee #5368, in Book 554, page 91, records of Flathead County, Montana. 9. Provisions and conditions contained in Certificate of Approval by the State of Montana Department of Health and Environmental Sciences as attached to Certificate of Survey No, 2351. 10. Easement for transmission line and related purposes granted Pacific Power & Light Company, a corporation, recorded December 2, 1.985 as Document #8533614170, records of Flathead County, Montana. 11. Terms and provisions contained in Certificate of Inclusion of Additional Territory, fled March 26, 1986 as Document #8608513410, records of Flathead County, Montana. 12. Provisions and conditions contained in Certificate of Approval by the State of Montana Department of Health and Environmental Sciences as attached to the plat of Subdivision No. 150. Page 4 Certificate No.: 7208926-1307 Our File No.: CG-43588 13. Shared private limited access approach easement, a 10 foot right-of-way reserve and notes as shown on the plat of Subdivision No. 150. 14. Easement for transmission line and related purposes granted Pacificorp, dba Pacific Power & Light Company, recorded November 18, 1998 as Document #199832209040, records of Flathead County, Montana. 15. Terms and provisions contained in Resolution No. 4488 regarding annexation into the City of Kalispell, Montana, recorded July 21, 1999 as Document #199920208040, records of Flathead County, Montana. 16. Terms and provisions contained in Certificate of Inclusion of Additional Territory of Village County Sewer District and rules and regulations adopted thereby, filed June 27, 2001 as Document #200117808520, records of Flathead County, Montana. 17, Terms and provisions contained in Resolution No. 4590 regarding annexation into the City of Kalispell, Montana, recorded November 2, 2001 as Document #200130609070, records of Flathead County, Montana. 18. Deed of Trust dated May 14, 2004 to secure payment of $750,000.00, together with interest and any other obligations secured thereby, recorded May 17, 2004 as Document #200413814030, records of Flathead County, Montana. Grantor: Valley Venture, LLC Trustee: Citizens Title and Escrow Co., Inc. Beneficiary: Glacier Bank (as to a portion) Loan No.:1754268 19. Terms and provisions contained in Resolution No. 5007 regarding annexation into the City of Kalispell, Montana, recorded May 20, 2005 as Document #200514010020, records of Flathead County, Montana. 20. Terms and provisions contained in Petition to Annex and Notice of Withdrawal from Rural Fire District, recorded May 20, 2005 as Document #200514010020, records of Flathead County, Montana. 21. Terms and provisions contained in 'Water Well Easement and Agreement, recorded September 9, 2005 as Document ##200525213220, records of Flathead County, Montana. 22. Deed of Trust dated September 8, 2005 to secure payment o $755,819.00, together with interest and any other obligations secured thereby, recorded September 9, 2005 as Document ##20052521.5260, records of Flathead County, Montana, Grantor: Valley Venture, LLC Trustee: Citizens Title and Escrow Co., Inc. Beneficiary: Glacier Bank (as to a portion) Loan No.:1754268 Page 5 Certificate No.: 7208926-1307 Our File No.: CG-43588 23. A 50 foot private road and utility easement, a 10 foot utility easement, a 15 foot utility easement, a 10 foot by 20 foot parking easement, a 10 foot road reserve A, a 10 foot road reserve B, a landscape buffer, Notes and Conditions of Approval per City of Kalispell, utility easement certificate and note as shown on the unrecorded plat of Granary Ridge Subdivision. 24. No search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this Certificate. I 32 j 1 Y TF) Nl-. 7 j�j S J C E E TO A LS. 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