Loading...
Staff Report/Final Plat Phase 1REPORT TO: FROM: SUBJECT City of Kalispell Planning Department 17 - 2"d Street East, Suite.' 11.. Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 'ehsite: kalispellplanning.com. Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Final Plat for Mountain Vista Estates Phase I MEETING DATE: June 5, 2006 BACKGROUND: This is a request from Marquardt and Marquardt Surveying for final plat approval of Mountain Vista Estates Phase I that plats 41 single- family lots and 18 townhouse lots on approximately 23.4 acres located on the north side of Three Mile Drive. The property can be described as Parcel B of Certificate of Survey No. 16814, located in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The Kalispell City Council approved this subdivision subject to 24 conditions on February 7, 2005. All of the conditions have been adequately met or otherwise adequately addressed. A Subdivision Improvements Agreement (SIA) along with a letter of credit and cashier's check totaling $437,481.38 has been submitted with this plat to address 125% of the cost to install infrastructure including but not limited to the access street, hydrants, storm sewer and drainage facilities. The improvements are anticipated to be completed by December 2, 2006. RECOMMENDATION: A motion to approve the final plat for Mountain Vista Estates Phase I and to accept the Subdivision Improvements Agreement would be in order. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully suh fitted, Sean Conrad James H. Patrick Senior Planner City Manager Report compiled: May 30, 2006 Attachments: Letter of transmittal Final plat application and supporting documents Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 5 day of June , 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 Touchstone LLC. (Name of Developer) a LIMITED LIABILITY PARTNERSHIP , (Individual, Company or Corporation) located at 1289 N. MERIDIAN RD KALISPELL MT. 59901. , (Street Address/P. 0..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 MOUNTAIN VISTA SUBDIVISION PHASE 1 , (Name of Subdivision) located at PARCELS A&B OF CERTIFICATE OF SURVEY LOCATED IN SECTION 2 TOWNSHIP 28 NORTH RANGE 22 WEST P.M.M. FLATEHEAD COUNTY MONTANA. , (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of MOUNTAIN VISTA SUBDIVISION PHASE 1 , 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 forthin "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit A"' and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 348 568.29 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: Mountain Vista Subdivision, Phase 1 Subdivision. Improvement Agreement Page 1 of 3 l . 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 $ 43S 710.36 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 435,71.0.36 , the estimated cost of completing the required improvements in MOUNTAIN VISTA SUBDIVISION PHASE 1 (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 December 2, 20 06 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; 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. Mountain Vista Subdivision, Phase 1 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. MOUNTAIN "'VISTA SUBDIVISION / TOUCHSTONE LLC , (Name of SubdivisionfDeveloper/Firm) by�p (Title) STATE OF MONTANA COUNTY OF On this day of 20 , before me, a Notary Public for the State of Montana, personally appeared L,t . r-, known to me to be the of � , whose _jtname is subscribed to the foregoing; instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. of Public for the State of ontana Resr rng at 1 My Commission Expires' -" MAYOR, CITY OF KALISPELL MAYOR i. - ax,.IIn eb 1, ATTEST: CITY CLERK Mountain Vista Subdivision, Phase I Subdivision Improvement Agreement Page 3 of 3 EXHIBIT "A" CERTIFICATION OF WORK TO BE COMPLETED MOUNTAIN VISTA PHASE I SUBDIVISION ROADS & OVERLOT GRADE Completed To Date May 26, 2006 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price Quantity Completed� Total Cost Com feted 101 Topsoil RemovallRe lacement C.Y. 17,000 $1.68 $28,560.00 17,000 $28,560,00 102 Excavation I Sub rode Pre C.Y. 94,698 $2,08 $196,971.84 94,698 $196,912.05 `Stabilization Fabric S.X. 10,449 $1.10 $11,493.90 10,449 $11,493.90 $elect$ubbase C.Y. 2,821 $16.94 $47,787,74 i 2,821 $47,787.74 k104 374" Crushed Gravel C.Y. 1,622 ; $19.i2 $31,D12.fi4 1,622 $31,012.64 4" Ash altic Cement S.Y. 9,858 $8.76 $86,257.50 0 $0.00 .Curb & Gutter w L.F. 6,144 $8.05 $49,459.20 6,144 $49,45%20 108 Valle Gutters ! LF 126 $25.88 $3,260A8 0 $0.00 109 V x 4" Concrete Sidewalks 1 Gravel S.F. 24,920 $3.49 $86,970.90 0 $0.00 110 5' x 6" x 20' Concrete Sidewalks !Gravel S.F. 5,800 _ $4.fi4 $26,912.00 0 L_ SUBTOTAL ITEMS 101 - 110 $568,686.50 $365,285.53 WATER SYSTEM item No. Description Unit Measure Estimated Quantity Unit Price Total Price Quantity Total Cost Com leted 201 12" Water Main L.F. 232 $28.21 $6,544.72 ....Completed 20 $664.20 202 8" Water Main L.F. 2,996 $19,86 $69,500.56 • 2,773 $5%071.78 203 12" Gate Valves & Boxes EACH 2 $1,917.30 $3,834.60 1 $1,917.30 204 8" Gate Valves & Boxes EACH 15 $1,190.20 $17,863.00 14 $16,662.30 205 12" & 8" Ductile Iron Fittings EACH 12 $483.77 $5,806.24 13 $6,289.01 206 Fire H drants wl Tee, Pipe Aux. Valve & Box EACH 8 $3,416.40 [ $27,331.20 7 $23,914.80 207 Water Services EACH 59 $614.38 $36,243. I 57 $36,019.66 SUBTOTAL ITEMS 201 - 207 $157 t17.74 $139,439.55 SEWER SYSTEM Item No. Description Unit Measure Estimated Quanti Unit Price Total Price Quantity Completed Total Cost Cam leted 301 8" Sewer Main L.F. 1,884 $18.01 $33,930.84 1,786 $32,165.86 302 4' Diam. Manholes w! Ring & Cover FACH 13 $1,649.49 $21,443.37 12 $19179188 303 4" Sch. 40 PVC Sewer Services EACH 39 $623.67 $24,323.13 38 $23,699.46 304 2" HDPE Force Main L.F. 820 $16.00 $12,300.00 820 $12,300.00 306 12" HDPE Force Main Cieanouts EACH _ 2 $539.06 $1,078A2 =. 2 $1,078.12 306 Ei Sewer Service Assembl EACH 18 $802.20 $14,439.60 18 $14,439.60 SUBTOTAL ITEMS 301 -306 $107,515.08 $103.476.92 DRAINAGE & MISCELLANEOUS WORK item No. Description Unit Measure Estimated Quantity IQuantity Unit Price Total Price Completed Total Gost 1Gam feted 401 .8" PVC Storm Drain I FE_ L.F. 257 $17.53 $4,505.21 f 270 $4,733.10 402 12" PVC Storm Drain 1 FE L.F. 780 $22.08 1 $17,222.40 514 $11,349.12 403 12" CMP Storm Drain I FE L.F. 01 $19.52 $0.00, 0 $0.00 I 404 12" RCP Storm Drain/FE L.F. 6o $46.06 $2,764.80 =' 0 $0.00 405 18" RCP Storm Drain I FE L.F. 205 $50.00 $10,260,00 0 $0.00 406 24" CMP Storm Drain ! FE LF. A$29,83 ; $2,088.10 0 $0.00 407 Catch Basin wllnlet EA. 11 $644.30 $7,087.35 11 $7,087.30 408 Precast Drvwell Structures EA. 2_ $1,113.26 $2,226.5o 2 $2,226.60 409 Pond Outlet Structure EA. 1 $1,446.00 $1,445.00 0 $0,00 410 =Ri rap C.Y. 70 $30.00 $2,100,00 0 $0.00 411 Sift Fence LF2 779 $3.02 $8,392.58 2,779 $8,392.58 Tracking Pad LS. 1 $1,335.00 $1,335.00 1 $1,335,00 Bike Path 16" base LF 4841 $4,786.76 0 $0.00 Bike Path !With 6 BollardsJl2" base LF 484 _$9.89 $13.34 I $6,456.56 . 0 $0.00 K41 Mail Boxes Bases WI Gravel I EA. 4 $1,200.00 $4,800.00 0 $0.00 CBU Mailboxes EA. 11 $1,225.00 $13,476.00 0 $0.00 OPL Mailboxes EA. ! 4 $1,225.00 $4,900.00 0 Woo Seedirr LS. 1.00 $2,500.00 $2,600.00 0 $0.00 420 Traffic Control LS. 1.00 $750.00 $750.00 50k $376.00 421 r Mobilization LS. 1.00 $7,500.00 $7,500.00 1D0°/a S7,500.fl0 4.22 Construction surveying I LS. 1.00 $27,000.00 $21,000.00 85 % $22,950.00 423 Street Si na a LS. 1.00 $1,512.50 $1,512.50 85°6 $1,285.63 SUBTOTAL ITEMS 401 - 423 $13 3 097.71 $67,234.23 UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS Completed To Date May 26, 2006 Item No. Description Unit Measure Estimated Quanti Unit Price I Total Price Quantity Completed Total Cost Completed 501 Common Trench -_. LF $ 360 $ 5.26 $28,140.00 5,279 $27,714.7S 502 Street Light Conduit Trench LF 110 $ 5,25 $677.50 310 $1,627,60 603 3 Phase Vaults EA 5 $ 1,100.00 $5,500.00 5 $5,600.00 $04 RI - le Phase Vaults EA 11 $ 72615 r $7,988.75 11 $7,988.75 605 Li ht Pole Bases FEC EA 10 $ 600.00 $5,000.00 10 $5,000.00 506 S" Conduit LF 2 161 $ 8.67 $18,649.17 2,123 $18,406.41 507 4" Conduit LF 300 $ 3.34 $1,002.00 2.20 $734.80 608 3" Conduit LF 8 757 $ 2.79 $24,432.03 7,860 121,928,40 509 2" Conduit LF 8 400 $ 2,25 $18,900.00 71170 $16,132.50 $10 1" Conduit � LF 623 $ 3.17 $1,974.91 370 $1,172.90 511 � S" Steel or Flbe Use Sweeps EA 7 $ 340,00 $2,320.00 6 $2,040,00 3 612 3" Steel or Fiber lass Sweeps EA 8 $ 148,75 $1,190.Otl 11 $1,636.26 513 4" PVC Swee s EA 1 $ 60.00 $50.00 2 $100.00 514 3" PVC sweeps EA 120 $ 50,00 $6,000.00 ' 107 $6.350.00 616 2" PVC Sweeps EA 226, $ 3840 $8,688.00 228 $8,664.00 S16 Seconda Pedestals EA 34 $ Soho $1,700.00 31 $1,550,00 517 Bresnan 2" Roll Pia Bresnan Supplied) LF 2000 $ 2,00 $4,000.00 1,723 $3,446.00 ' S18 '&"Sleeves for Gas Cum nv LF J 120 $ 8.00 $960.00 79 $632,00 519 4" Sleeves for Gas Conman LF 120 $ 3.34 $400.80 356 $1,189.tl4 SUBTOTAL REVISED UTILITIES SCHEDULE - - $137,433.18 $130,814.30 Total Construction Completed to Date $806,250.52 SERVICE COSTS, FEES, ENGINEERING & SURVEYING Item No. Oescri ipn Unit Measure Estlrnated Quantltv Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 601 Flathead Electric UMP SU 1 $ 94164,00 $ 106,84.1.00 100% $94,154.00 602 Northwest En.,,UMP SU 1 $ 32 000,00 $ 32 000.00 I 100% $32 000.00 603 Centu el UMP SU 1 54 266,80 64 266.80 100°/. $54,266.80 404 !Engineering,Design UMP SUN 1 $ 112,233,16 $ 112 233.16 1001/6 $112 233,16 605 E inew! Construction XMI2 SU 1 $ 5611663 $ 56,116.63 30%1 116 834.99 606 Surveying, Legal UMP SU 1 $ $ $0.00 SUBTOTAL ITEMS 601 - 608 $ 380 4S7.59 $309,488.95 TOTAL. PROJECT BUDGET TOTAL ESTIMATED COST OF CONSTRUCTION AMOUNT COMPLETED PRIOR TO BONDING AMOUNT OF REMAINING WORK PRIOR TO BONDING AMOUNT OF BOND (125% 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 $1,464,307.76 $1,115,739.47 $ 1,464,307.76 $_ _1,116,739.47 $ 348,588.29 1,115,739.47 76% 348,668.29 $ 435,710,36 $ 435,710.36 $0.00 $0.00 $0.00 AS PROJECT ENGINEER FOR THE MOUNTAIN VISTA SUBDIVISION PHASE 1, 1 CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: $ 1,115,739.47 THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $ 348,568.29 SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 435,710.36 THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD SY: $0.00 BRETT WALCHECK, P.E. o N-,'ALL IMPROVEMENTS SHALL BE COMPLETED BY: 1212/2006 ✓ CONSENT DATE 61512I10S i BANK BOND DATE 113t12pQ7 � /1 BRED"` W._ 1 I ). EXHIBIT "A" CERTIFICATION OF WORK TO BE COMPLETED MOUNTAIN VISTA PHASE I SUBDIVISION ROADS & OVERLOT GRAVE Completed To Date May 26, 2006 Item Unit I Estimated Quantity Total Cast No. Desori tlon Measure I Quantity I Unit Price Total Price Com leted Completed 107 tCurb & Gutter not completed b the Catch 8aslas L.F. 1 1761 $8.051 $1,416.80 0 $0.00 TOTAL ESTIMATED COST OF CONSTRUCTION $1,416.80 AMOUNT COMPLETED PRIOR TO BONDING $ AMOUNT OF REMAINING WORK $ 1,416.80 AMOUNT OF CASHIERS CHECK (125*J OF REMAINING WORK) $ 1,771.00 AS PROJECT ENGINEER FOR THE MOUNTAIN VISTA SUBDIVISION PHASE 1,1 CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: $ THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $1,416.80 BRETT WALCHECK, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY 121212006 CONSENT DATE 6/512006 aANK BAND DATE 11�� YBZ70293 VALLEY 6.A.NK ofx s�fi 12242 4If8-752-7F23-� REMITTER P.O. sax as Kalispsli, MT SQSM4f346 TOUCHSTONE_, LL C • _ 93-229/929 DATE05-26-06 PAY TO THE ***KALISPELL PUBLIC WORKS******************$ I771. 00*********************���*���*' ORDER OF VALLEY BANK OF KALISPELL CASHIER'S CHECK BY ■ L 2 24_ u' :_ 09 2.90 2 29.71: , 30 0 ,i■ i VALLEY BAN K OF KALISPELL 1lB May 25, 2006 IRREVOCABLE LETTER OF CREDIT NO. 1266 Beneficiary: City of Kalispell 312 1st. Avenue East Kalispell, MT 59901 Gentlemen Applicant: Touchstone, LLC 1289 N. Meridian Rd. Kalispell, MT 59901 Valley Bank of Kalispell has established. an irrevocable letter of credit in your favor or at the request of and for the account of Touchstone LLC, to the extent of Four Hundred Thirty Five Thousand Seven Hundred Ten Dollars & 38/100**($435,710.38) for Mountain Vista Subdivision. Said funds are available by presentation of your sight drafts, which clearly specify the number of this credit and are drawn in favor of the secured party cited above. We will honor draft(s) drawn in conformity with the conditions of this credit if presented at our office on or before January 31, 2007. Sincerely, Valley Bank of Kalispell r Gary M adison Vice President C P.O. Box 48 . KALISPELL, MT 55803-0048 406-752-7123 a FAX 406-752-7320 . VVWW.VALLEYBANKMT.00M MEW.E1r%x FDIC IRREVOCABLE STANDBY LETTER OF CREDIT ISSUER: WHITEFISH CREDIT UNION PO BOX 37 WHITEFISH, MT 59937 Date of Issue:05-30.2006 Letter of Credit Number: Amount: U.S. $ 24,088.68 ( TWENTY FOUR THOUSAND EIGHTY EIGHT AND 881100 U.S. DOLLARS) For Benefit Of: For Account Of: Beneficiary Name and Address Applicant Name and Address CITY OF KALISPELL DAVID J. WALKER CITY HALL, KALISPELL, MT 59901 1405 WHALEBONE DR KALISPELL, MT 59901.7417 LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one) together with the documents described below. Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under (Issuer name] Letter of Credit No. (Letter of Credit number] dated [Letter of Credit date]." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the Draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. DRAWINGS. ® Partial drawings shall not be permitted under this Letter of Credit. ❑ Partial drawings are permitted. The maximum number of drawings that may be made is DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: ® The original Letter of Credit, together with any amendments. ❑ A sight draft drawn by Beneficiary on Issuer. ❑ A signed statement by Beneficiary including the following statement: ❑ Other documents: Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identify or authority of the person presenting the draft and such documentation. SPECIAL INSTRUCTIONS: EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 12:00 P.M. ("Time) on 12-31.2006 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. ❑ If Beneficiary has not drawn the full amount of this Letter of Credit prior to the Expiration Date, the Expiration Date shall be extended for a period of days from the Expiration Date, unless Issuer notifies Beneficiary in writing at least days prior to the Expiration Date that Issuer elects not to extend this Letter of Credit. In any event, this Letter of Credit shall expire on without any notice from Issuer to Beneficiary. Ej( PLC v2001 Bankers Systems, Inc., St. Cloud, MN Form LC -STANDBY IIIS12002 /page 1 of 2) City of Kalispell Planning Department 17 - 2`d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 "1 ebsite: kalispellplanning.com May 30, 2006 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Mountain Vista Estates Phase 1 Dear Jim: This is a request for final plat approval of Mountain Vista Estates Phase 1, a 59 lot residential subdivision comprised of 41 single-family lots and 18 townhouse lots on approximately 23.4 acres located on the north side of Three Mile Drive. Preliminary plat approval for this subdivision was granted by the City Council on February 7, 2005 as a three phase subdivision. Approximately 76 percent of the improvements have been completed which includes the water, sewer, storm water drainage and street sub base work. It should be noted that a Subdivision Improvements Agreement (SIA) has been submitted with the final plat to address the completion of the remaining improvements. A total of $437,481.38 was submitted to cover the cost of the SIA (a letter of credit in the amount $435,710.38 and a cashier's check in the amount of $1,771.00) which addressesl25 percent of the remaining work to be completed. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 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). • This condition is met. The final plat application is for Phase I and is in substantial compliance with the approved preliminary plat. Condition No. 2. 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 developer has submitted a copy of the design guidelines for the subdivision which provide for an architectural review committee to comply with this condition. Condition No. 3. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). • This condition is met. The Public Works Department has approved the plans and specifications for the public infrastructure in a letter to Brett Walcheck of 48 North Engineering dated June 20, 2005, Condition No. 4. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. This condition is met. An 8-foot bike path is shown on the approved construction plans within the 20-foot buffer strip. The Parks and Recreation Department has approved the placing of trees, 40 feet on center, and seeding of the remaining portions of the buffer strip. The developer has submitted funds to the Parks and Recreation Department to cover the cost of installing the trees and seeding within the buffer strip as noted in a letter from Mike Baker, Director of the Parks and Recreation Department, dated May 15, 2006. Condition No. S. That a pedestrian trail be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Parks and Recreation Department. The cost of developing the pedestrian path shall be counted towards the parkland dedication requirements. (Kalispell Site Development Review Committee) The final plat application notes that the pedestrian trail will be completed as part of Phase 11. Condition No. 6. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). This condition is met. A letter from the Parks and Recreation Director dated May 15, 2006, approves of the landscaping agreement for the boulevards constructed as part of Phase I. Condition No. 7. That the area designated on the plat as "park" shall satisfy in part the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Parkland dedication requirements are based upon 11 percent of the area in lots. Subtracting the required one acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements. The remaining 1.79 acres can be met through a cash equivalent in improvements to the property. Based on a valuation of $18,000 per acre, remaining improvements and or cash in lieu of parkland would be in the amount of $32,220. (Kalispell Subdivision Regulations, Section 3.19). • The developer has submitted a letter of credit in the amount of $24,088.68 which equals a cash in lieu payment of 11% of the land in lots within Phase I based on a valuation of $18,000 per acre. The final plat application notes that the park for the Mountain Vista Subdivision will be dedicated as part of Phase II. The cash in lieu payments made from Phases I and III will be put towards improvements in the homeowner's park being dedicated as part of Phase II. However, should Phases 11 and III never occur, the City has required the letter of credit to insure that the lots platted in Phase I will pay the appropriate fees towards parkland. Condition No. S. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the 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) Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for construction of a future fire station. It should be noted that the minimum lot size acceptable for fire station design is 200 feet by 200 feet. f. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. The plans have been reviewed by the Kalispell Fire Department. A memo from F. Ray Ruffatto, Acting Deputy Fire Marshal, requested several corrections in hydrant locations. Those corrections have been made in the plans approved by the Public Works Department in their letter dated June 20, 2005. Condition No. 9. That the parcel indicated for the fire department substation be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at no cost to the City at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department stating as much as the lot shall be converted to two lots for single family residential development. The fire station site will be addressed in Phase III of the subdivision. Condition No. 10. That a provision be made for a future 60 foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. (Kalispell Subdivision Regulations, Section. 3.04). Phase I shows a 60-foot right of way extending to the property immediately to the east. Future right of way easements will be shown in subsequent phases. Condition No. 11. That a letter be obtained from the Montana Department of Transportation and Flathead County Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. (MDOT) • The Montana Department of Transportation has required a Traffic Impact Study for the entire subdivision to address any upgrades needed on Three Made Drive in order to serve the entire subdivision. The developers hired Morrison and Maierle, Inc. to prepare the traffic impact study which was completed in August of 2005. After reviewing the traffic impact study the Highway Department has required a left turn bay at the intersection of Heaven's Peak Drive and Three Mile Drive as noted in their letter dated January 31, 2006. A subsequent letter dated May 24, 2006 from the Highway Department notes that the approach at Three Mile Drive and Heaven's Peak Drive will be approved contingent on approved approach plans. To date, the Highway Department has not approved the approach plans for Heaven's Peak Drive. However, an email received on May 31, 2006 from Clay Colby of the Kalispell office of the Montana Department of Transportation stated that the Highway Department will issue approach permits for temporary construction access into Mountain Vista Estates. The required turn lane and any other conditions that are being designed for Three Mile Drive must be reviewed, approved, and constructed prior to occupancy of any homes. Condition No. 12. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09). This condition is met. The roads are signed in accordance with the Kalispell Public Works Department and Uniform Traffic Control Devices Manual. A memo from Fred Zavodny, Kalispell Public Works Department, dated May 17, 2006 states that he has reviewed and approved of the road names and addressing on the final plat. Condition No. 13. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A five foot utility easement be placed behind the right-of-way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Public Works Department). This condition is met. The required easements are shown on the final plat and have been reviewed and approved by the Public Works Department per their letter dated June 20, 2005. Condition No. 14. After the construction and installation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the final plat. (Kalispell Public Works Department). A delayed staking certificate stating that the pins will be set by December 31, 2006 is on the face of the final plat. Condition No. 15. The filling of the gravel pit should be coordinated with the City of Kalispell Public Works Department with the appropriate testing performed and documented. (Kalispell Public Works Department). • The gravel pit will be addressed in Phase 111. Condition No. 16. That the covenants and homeowners by-laws specifically include the required setbacks and other development standards. That a provision be included in the covenants and by laws that addresses the assessments and maintenance of the common areas including the BPA easement. Additional language be included in the covenants to prohibit the dumping of any lawn clippings, leaves, garbage or other debris in the BPA easement. That the covenants be corrected to reflect the correct language that relates to this subdivision and eliminates language that refers to the maintenance of private water and / or sewage treatment systems. This condition is met. The draft set of conditions, covenants and restrictions for the subdivision include the requirements found in condition 16. Condition No. 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). A letter from the U.S. Postal Service dated November 7, 2005 approves of the proposed mail location for the subdivision. The Central Box Units noted in the letter have been included in the Subdivision Improvement Agreement for Phase I. Condition. No. 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)). Street lighting was designed by Flathead Electric Cooperative to comply with condition 18. Conditions No. 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). • All utilities have or will be placed underground. Condition No. 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. Approximately 76% of the necessary infrastructure has been completed for Phase I as stated in a letter from Brett Walcheck, P.E. of 48 North Engineering. The remaining infrastructure is covered by the Subdivision Improvement Agreement. Condition No. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. All areas disturbed will be re -vegetated upon final completion of Phase L Condition No. 22. A note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for upgraded roads in the area to City standards which are impacted by this subdivision. • This condition is met. The note is shown on the final plat. Condition No. 23. 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 is met. The development agreement was signed by the developer and Kalispell City Manager on May 23, 2006. Condition No. 24. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). This condition is met. Phase 1 is filing for final plat prior to the three year deadline of February 7, 2008. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-2/PUD zoning designation. 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 June 5, 2006 city council agenda if possible. You may call me at 751-1850 if 1 can be of assistance to you regarding this matter. Sincerely, r Sean Conrad Senior Planner SC Attachments: 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 blueline of final plat 11 x 17" copy of plat Letter from 48 North Engineering dated 5/ 21 / 06 Final plat application dated 5/24/06 Letter from MDEQ dated 6 / 3 / 05 Letter from Kalispell Public Works dated 6/20/05 Letter from Kalispell Public Works dated 5/25/06 Letter from Kalispell Fire Department dated 5/31/05 Letter from Parks and Rec dated 5/ 15/06 Subdivision Improvements Agreement dated 6 / 5 /06 Valley Bank letter of credit dated 5/25/06 Treasurer's certification dated 5/23/06 Whitefish Credit Union letter of credit for cash in lieu of parkland dated 5/30/06 Title report # H 359182 dated 4 / 12 / 06 Consent to Plat letter from Valley Bank of Kalispell dated 4 / 24 / 06 Planned Unit Development Agreement dated 5/23/06 Letter from MDOT dated 4/28/05 Letter from MDOT dated 1 / 31 / 065 Letter from MDOT dated 5 / 24/ 06 Copy of the design guidelines, conditions, covenants and restrictions for Mountain Vista Estates PUD dated May 30, 2006 Copy of the declaration of homeowners association by-laws of Mountain Vista Estates PUD dated May 30, 2006 c: Touchstone LLC, 1289 N. Meridian Road, Kalispell MT 59901 Marquardt and Marquardt Surveying Inc., 285 1st Avenue E.N., Kalispell MT 59901 Theresa White, Kalispell City Clerk f .j' RO Box 651 • Whitefish, Montana 59937 . (P) 406-862.4815 • (F) 406-862-4876 48, i . 12 services May 21, 2006 Attn: Frank Castle City of Kalispell Public Works Department 312 l t Ave. East Kalispell, MT. 59903 RE: Final Plat Approval for Mountain Vista Subdivision Phase 1 Dear Frank: As Engineer of record for Mountain Vista Subdivision, Phase 1, I 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 Mountain Vista Subdivision, Phase 1, is at 76% Some of the construction items remaining to be complete include: paving, sidewalks and landscaping. Estimates prepared by this office for the remaining construction, total $348,568.29 for Mountain Vista Subdivision, Phase 1. Security held at 125% of the remaining construction total is $435,710.36. At this time we are requesting; a letter of approval from the City of Kalispell stating that you are in agreement with improvements installed to date. After all work is 100% complete we will conduct a final inspection with Kalispell Public Works prior to acceptance and transfer of ownership. If you have any questions or require additional information please feel free to give me a call (406-862-4815). Sincerely, Brett Walcheck, P.E. 48 North, P.C. Enclosures: City of Kalispell Punning Department 17 - 2"� Street Fast, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751- l 858 FINAL PLAT APPLICATION Project / Subdivision Name: _2 : UU N �c".' Y-r - tAc, -,�)e Contact Person: Name: _ kc-1cq i1C4'(_C1) k 0�1kc C I L�c..t )i C �` _ 5 Address: �21- � t�-Q VVL ' �A)t Phone No.: 75 5 Owner & Mailing Address: LL J -cqc>! Date of Preliminary Plat Approval: 'Z-L' % CC:- Type of Subdivision: Residential Industrial Commercial PUD Z Other Total Number of Lots in Subdivision Land in Project (acres)` Parkland (acres) Cash -in -Lieu $ Exempt ,'l ko'�( No. of Lots by Type: Single Family ` i Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development � Condominium Multi -Family Other Legal Description of the Property c_ t' �. LF-i'�t i ,._ FILING FEE ATTACHED $_(aL3t),-:, 0 C 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 (MUST CHECK ONE) Health Department Certification (Original) r Title Report (Original, not more than 90 days old) 1, Tax Certification (Property taxes must be paid) .! Consent(s) to Plat (Originals and notarized) >� Subdivision Improvements Agreement (Attach collateral) ✓ Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk 8& Recorder requests that all subdivision final plat applications be accompanied with a digital copy, Owner(s) Signature s" 2�Y Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 May 23, 2006 City of Kalispell Planning Department 17 Second St. East Suite 211 Kalispell, MT 59901 Re: Mountain Vista Estates Phase 1, Sections 2, Township 28 North, Range 22 West, P.M., M., Flathead County, Montana. Enclosed is the Final Plat application for Mountain Vista Estates Phase I. Preliminary plat approval was granted on February 7, 2005. The conditions of approval have been met as follows: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as wells as any additional conditions associated with the PUD as approved by the city council. (Kalispell Subdivision. Regulations, Appendix C — Final Plat). This application is for Phase 1. The subdivision is in conformance with the approved preliminary plat and PUD as approved by the city council. 2. 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. This item is addressed in the covenants for the subdivision. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). Plans and specifications were designed and will be installed per the Kalispell Design and Construction Standards. Please see attached approval letters dated June 20, 2005 from the Kalispell Public Works Department, and June 1, 2005 and June 212005 from the Department of Environmental Quality. 4. That a minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that would include a bike and pedestrian trail and buffering in the form of Bering or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. The buffer strip is shown on the face of the final plat. The bike and pedestrian trail and buffering are delineated in the construction plan approved by the Kalispell Public Works Department letter dated June 20, 2005. The buffer strip does not fall within the jurisdiction of Flathead County Road Department or the Montana Department of Transportation. 5. That a pedestrian trail be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Parks and Recreation Department. The cost of developing the pedestrian path shall be counted towards the parkland dedication requirements. (Kalispell Site Development Review Committee). The pedestrian trail will be developed in Phase 11. 6. That a letter be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). Enclosed is a letter dated May 15, 2006, from Michael Baker, Kalispell Parks and Recreation Director, approving the landscape plan. 7. That the area designated on the plat as "park" shall satisfy in part the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation., landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Parkland dedication requirements are based upon 11 percent of the area in lots. Subtracting the required one acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements to the property. Based on a valuation of $18,000 per acre, remaining improvements and or cash in lieu of parkland would be in the amount of $32,220. (Kalispell Subdivision Regulations, Section 3.19). The park is being developed in Phase 11. Phase 11 is expected to be submitted for filing by September 2006. 8. The following requirements shall be met per the Kalispell Fire Department: Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the 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) Section 503. d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for construction of a future fire station. It should be noted that the minimum lot size acceptable for fire station design is 200 feet by 200 feet. f. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. The plans have been reviewed by the Kalispell Fire Department. All modifications have been addressed as a condition of the Kalispell Public Work Department approval letter Dated June 20, 2005. 9. That the parcel indicated for the fire department substation be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at no cost to the City at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department stating as much as the lot shall be converted to two lots for single-family residential development. The fire station lot will be addressed in Phase III. 10. That a provision be made for a future 60 foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. (Kalispell Subdivision Regulations, Section 3.04). Mountain Vista Drive is shown on the final plat as extending east to the edge of the property for future access to the adjoining parcel. 11. That a letter be obtained from the Montana Department of Transportation and Flathead County Road Department stating the proposed accesses onto Three Mile Drive (Farm to Market Road) have been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. (MDOT) The proposed access onto Three Mile Drive (Farm to Market Road) has been reviewed and approved by MDOT per the enclosed letters dated April 28, 2005, January 31, 2006 and February 2, 2006. Any associated and necessary improvements are in the process of being completed. The Flathead County Road Department stated that they do not need to review roads or improvements associated with this subdivision. 12. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09) Please see the enclosed letter obtained from Kalispell Public Works Department dated May 17, 2006, approving naming and addressing. 13. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A five- foot utility easement be placed behind the right-of-way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Public Works Department). An approval letter from Kalispell Public Works Department will be forthcoming. We will forward this to you as soon as we received it. 14. After the construction and installation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the final plat. (Kalispell Public Works). A delayed staking certificate stating that the pins will be set by December 31, 2006 is on the face of the plat. 15. The filling of the gravel pit should be coordinated with the City of Kalispell Public Works Department with the appropriate testing performed and documented. (Kalispell Public Works Department). The gravel pit will be addressed in Phase III. 16. That the covenants and homeowners by-laws specifically include the required setbacks and other development standards. That a provision be included in the covenants and by laws that addresses the assessments and maintenance of common areas including the BPA easement. Additional language be included in the covenants to prohibit the dumping of lawn clippings, leaves, garbage or other debris in the BPA easement. That the covenants be corrected to reflect the correct language that relates to this subdivision and eliminates language that refers to the maintenance of private water and/or sewage treatment systems. Please see the enclosed covenants. 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). A letter from the LISPS Flathead Station dated November 7, 2005 is enclosed. 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)). Street lighting was designed by Flathead Electric Cooperative, which worked in conjunction with the City of Kalispell for light pole location and standards. 19. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). All utilities have been or will be placed underground and are in the Right of Ways or have been granted an easement. 20. That a minimum of two-thirds of the necessary infrastructure for this subdivision. shall be completed prior to final plat submittal. Currently Mountain Vista Subdivision Phase 1 is 76% complete with necessary infrastructure. Please see the enclosed SIA and cost analysis. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. Upon final completion of the development all disturbed areas will be revegetated. 22. A note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for upgrade of roads in the area to City standards which are impacted by this subdivision. A note has been placed on the face of the final plat. 23. 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. Please see the copy of the agreement enclosed. 24. That preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. (Kalispell Subdivision Regulations, Section 2.04). The plat for the first phase is being submitted within three years from the date of approval. If you have any question please do not hesitate to call our office. Sincerely, Brandi J. Eaton Marquardt & Marquardt Surveying, Inc. 14 Y . Montana Department of ENVIRONMENTALQU � TY Brian Schweitzer, Governor 109 Cooperative Way - Suite 105 - Kalispell, MT 59901-2389 - (406) 755-8985 - VAX (406) 755-8977 Brett W. Walcheck, P.E. June 3, ZOOS 48 North, P.C. P.O. Box 651 Whitefish, MT 59937 RE: Mountain Vista Subdivision, Water & Sewer Extensions; EQ# 05-2905 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 and DEQ-2. The plans and specifications are hereby approve. 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 May 26, 2005 under the seal of: Brett W. Walcheck, P.E.# 14872PE. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed the project engineer shall certify to the Department that the project vvas 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. Water Protection Bureau at 406-444-3080 for more information. Sincerely, l & . La `i e� nvlron enta Engineer Public Water E"Supply Section Public Water Supply and Subdivisions Bureau cc: City of Kalispell, PWD Flathead County Sanitarian File Please contact the CientrallzO Services Division - Enforcement Division - Permitting & Compliance Division - Planning, Prevention &.Assistance Division - RC"lediatlon Division City of Kalispelllip Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-772 , Fax (406)758-7831 June 20, 2005 48 North, P.C. P.Q. Box 651 Whitefish, Montana 59937 Attention: Bret Walcheck, P.E. Re: Mountain Vista Estates Kalispell, Montana Dear Bret: The construction plans and supporting documents for the referenced project are hereby approved with the following comments: Regarding the placement of private utilities please ensure the project meets the following: 1. There shall be reserved along the front lot line and side street lot line of each residential lot a five foot [5D wide utility easement along, contiguous and adjacent to the lot line to provide an area between the sidewalk and easement line for the placement of privately owned underground utilities. No underground utilities, except service sweeps from the utility trench to the street lights, utility boxes, pedestals, vaults, or transformers shall be placed in the boulevard between the back of curb and sidewalk or within a sidewalk itself. No utility boxes, pedestals, vaults, or transformers shall be placed within the radial extension of an easement, proposed roadway, or access way to any city facility. Only water, sewer and storm sewers may be placed within the street right-of- way. No underground utilities, except service sweeps from the utility trench to the street lights, utility boxes, pedestals, vaults, or transformers shall be placed in the boulevard between the back of curb and sidewalk or within a sidewalk itself. No aboveground utility boxes, pedestals, vaults, or transformers shall be placed within the boulevard, the radial extension of an easement, proposed roadway, or access way to any city facility. The fire department has requested that a 5" Storz adapter shall be placed on the pumper outlet of each fire hydrant for all future projects. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department. We look forward to working with you on this project. Sinter ly, I Frank Castles, P.E. Assistant City Engineer Attachment: As Stated > „ City of Kalispell Public Works Department Post Office Box 1997, .Kalispell, Montana 59903-.1997 - Telephone (406)758-7720, Fax (406)758-7831 May 25, 2006 Touchstone, LLC c/o 48 North, P.C. P.U. Box 61 Whitefish, Montana 59937 Attention: Brett Walcheck, P.E. Re: Mountain vista Estates, Phase I Kalispell, Montana Dear Mr. Walcheck: The City of Kalispell Public Works Department hereby approves the existing, completed improvements except those listed in the Subdivision Improvement Agreement, Exhibit B, for the referenced subdivision. Approval by the City of Kalispell for the City awned and maintained improvements is granted based on the receipt of the Subdivision Improvement Agreement, Exhibit B, which contains the total estimated construction costs plus 25 percent covering the estimated costs for the remaining construction items. The Subdivision Improvement Agreement, Exhibit B, is certified by Brett Walcheck, P.E., to being an accurate accounting of anticipated costs for the remaining improvements. Approval is also based on site visits by public works staff to verify status of construction. No approval is provided on the water distribution or sanitary sewer collection system at this time. The sanitary sewer system and pump station providing service to the referenced project is under construction at this time. The water distribution system providing service to the referenced project is under construction at this time. No water meters will be issued for any lots until the sanitary sewer system and pump station is completed and operational. The final plat of the referenced project has been examined and adequate easements are shown for the city owned utility lines. If you have any questions, please do not hesitate to contact this office. Sine ly, rank Cashes, P.E. Assistant City Engineer Cc: Sean Conrad, Planner Kalispell Planning Office Randy Brodehl - Fire Chief Jim Stewart - Assistant Chief/Prevention Dee MaClusl£ey — Assistant Chiefi©peration.s 312 First Avenue East Kalispell, Montana 59901 (406) 758-7760 FAX: (406) 758-7952 TO: FRANK CASTLES, ASSISTANT CITY ENGINEER FROM: F. RAY RUFFATTO, ACTING DEPUTY FIRE MARSHAL DATE: MAY 31, 2005 SUBJECT: FIRE HYDRANT LOCATIONS — MOUNTAIN VISTA ESTATES We have reviewed the water plan for the above -referenced project and have the following comments: Hydrant Relocates: ➢ Lot 3-4 move to NE corner of Lot 46B ➢ Lot 9 move to between Lot 7-8 ➢ Lot 4913-48A move to between Lot 51 and the Park ➢ Lot 30-31 move to between Lot 29-30 ➢ NW Lot 87 move to NE Lot 141 ➢ Lot 96 move to SE corner of Lot 129 Hydrant Additions: ➢ Add one hydrant SE corner of Lot 35 From an operational aspect, it is important the hydrants are installed between the street and sidewalk, at the correct height, and with the steamer port oriented the proper direction. Please contact me if you have any questions. ".4ssisting our community in reducing, preventing, and mitigating emergencies_ " cy-y ©f KalisA km Parks and Recreation May 15, 2006 35 1b' Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7718 Pax: (406) 758-7719 Email: parknrec@kalispell.com Marquardt & Marquardt Surveying Inc. 285 1 st Ave E. N. Kalispell, MT 59901 Re: Mountain Vista Estates Phase I Landscaping This letter is to serve as approval of the landscaping agreement submitted and dated May 8, 2006 for Mountain Vista Estates Phase 1. This agreement stipulates that Touchstone LLC (the developers) will pay the city $35,903.16 to complete the planting of 125 trees and 30,759.42 square feet of boulevard and seeding. In addition boulevard prep and soil placement to meet curb height are the responsibility of the developers, Touchstone LLC.. The city will work with both the developer and homeowners to coordinate plantings and boulevard work when the majority of home construction is finished and people are living in the subdivision. It has been enjoyable working with you, and we appreciate your thoroughness and attention to detail. If you have any concerns or questions please give me a call. Sincerely, Micha I Baker, Director Cc: Tom Jentz, Planning Department LANDSCAPING TABULTAIONS FOR MOUNTAIN VISTAS ESTATES PHASE I Number of trees to be purchased calculation is based on 4,997.30 feet divided by 40 feet = 125 trees Trees .............125 r@ $160.00 ea....................... $20,000.00 Tree Planting ...125 @ $ 110.00 ea ....................... $ 13, 750.00 Total for purchase and planting trees........... $33,750.00 Boulevard seeding calculation is based on 30,759.42 sq. feet (blvd/bike/pedestrian/buffer zone) Seeding ........... 30,759.42 sq. ft. @ $.07/sq. ft = $2,153.16 The developers, Touchstone LLC, will do the boulevard prep and place topsoil to meet curb height. Touchstone LLC %Phil Neuharth 1299 North Meridian Kalispell, MT 59901 Phone: 755-6789 Prepared by Debbie Shoemaker Marquardt & Marquardt Surveying, Inc. 1�. 7) rf Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only 8Y: MARQUARDT FOR: TOUCIIS ONE, LLC DATE: 10/12405 DESCR: MOUNTAIN VISTA, SSTATFS PH I PURPOSE'" (Tr. ID in 2-29-22) ASSESSOR # 0623915 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years Indicatted for each assessor number. /1-11 :r+rerMAY �., W .� h 411 CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, VALLEY BANK OF KALISPELL, Beneficiaries as recorded July 27, 2005 as Document No. 2005-208-12050, Flathead County, Montana, hereby consent to platting and dedication of land included in the plat of MOUNTAIN VISTA ESTATES PHASE I. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this 24th day of April , 200 6. Valley I)ank of Kalispell. Title: Vije President STATE OF MONTANA ) . ss. County of Flathead ) This instrument was acknowledged before me on April 24th _, 2006'. by Gary M. Madison., V. P . , of Valley Bank of Kalispell. -20jao" �ej- 2, 1, �ej '; Not rY Public for the State of Montana L =_ Residing at Kalispell NOT. AR-1 AL. - = My Commission expires 6/30/2009 PLANNED UNIT DEVELOPMENT AGREEMENT MOUNTAIN VISTA ESTATES V4 THIS .AGREEMENT, made as of the �-day of May, 2006, by Touchstone LLC, a Montana limited liability company, of 1289 North Meridian Road, Kalispell, MT 59903, hereinafter TOUCHSTONE, and the City of Kalispell, a municipal corporation, of 312 1st Avenue East, Kalispell, Montana 59901, hereinafter CITY; WITNESSETH WHEREAS, TOUCHSTONE is the fee owner of certain real property located in Kalispell, Flathead County, Montana, which is further described as Parcels A & B of Certificate Of Survey # 16084 in Section 2, Township 28 North, Range 22 West, P.M.M. Flathead County, Montana and is hereinafter referred to as "Subject Property"; and WHEREAS, (i) TOUCHSTONE desires to have a Planned Unit Development overlay (PUD) upon the subject property currently zoned as R-2 Single Family Residence that would allow some flexibility in lot sizes, housing types and site configuration; 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. 4973 conditionally approving the preliminary plat of the Mountain Vista Estates PUD and incorporated fully herein by this reference. PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 1 of 8 § 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 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 IV hereof. § 1.05 Certification Procedure Whenever in this Planned Unit Development Agreement a certificate by the Director of Public Works is required to be given, such certificate shall be given within thirty (30) days of the receipt of a completed application. Such an application shall be deemed to be complete upon receipt of such drawings and narrative information as are reasonably necessary for the issuance of such certification. 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 AND REQUIREMENTS 1. 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. 2. The development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter shall be submitted to the Kalispell Site PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 2 of 8 Development Review Committee from the Architectural Review Committee of the homeowners association prior to the issuance of a building permit. 3. The plans and specifications for all public infrastructure shall be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. 4. A minimum 20-foot buffer strip shall be established between Three Mile Drive and the subdivision that will include a bike and pedestrian trail and buffering in the form of berming or landscaping or both. These improvements shall be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. 5. A pedestrian trail shall be developed within the BPA easement between the two internal roadways that has been reviewed and approved by the Kalispell Parks and Recreation Department. The cost of developing the pedestrian path shall be counted towards the parkland dedication requirements. 6. A letter shall 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. 7. he area designated on the plat as "park" shall satisfy in part the requirements for parkland dedication and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Parkland dedication requirements are based upon 11 percent of the area in lots. Subtracting the required one -acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements. The remaining 1.79 acres can be met through a cash equivalent in improvements to the property. Based on a valuation of $18,000 per acre, remaining improvements and or cash in lieu of parkland would be in the amount of $32,220. 8. 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 the 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) Section 503. PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 3 of 8 d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for construction of a future fire station. It should be noted that the minimum lot size acceptable for fire station design is 200 feet by 200 feet. f. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of-way. 9. The parcel indicated for the fire department substation shall be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at no cost to the City at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from. the Kalispell Fire Department stating as much as the lot shall be converted to two lots for single family residential development. 10. A provision shall be made for a future 60 foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. 11. A letter shall be obtained from the Montana Department of Transportation and Flathead County Road Department stating that the proposed accesses onto Three Mile Drive (Farm to Market Road) has been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. 12. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works DepaAment and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. 13. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A five foot utility easement be placed behind the right-of-way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 14. After the construction and installation of utilities are completed, the developer shall insure that all property corners are replaced by a licensed surveyor that might have been disturbed during construction. In locations where there is a conflict such as an electrical pad, an offset marketer shall be placed and recorded on the final plat. 15. The filling of the gravel pit shall be coordinated with the City of Kalispell Public Works Department with the appropriate testing performed and documented. PLANNED UNIT DEVELOPER'S AGREEMENTIMOUNTAIN VISTA ESTATES Page 4 of 8 16. The covenants and homeowners by-laws shall specifically include the required setbacks and other development standards. A provision shall be included in the covenants and by laws that addresses the assessments and maintenance of the common areas including the BPA easement. Additional language shall be included in the covenants to prohibit the dumping of any lawn clippings, leaves, garbage or other debris in the BPA easement. The covenants shall be corrected to reflect the correct language that relates to this subdivision and eliminates language that refers to the maintenance of private water and/or sewage treatment systems. 17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. 18. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 19. All utilities shall be installed underground. 20. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 22. A note shall be placed on the face of the final plat, which waives protest to the creation of a special improvement district for upgrade of roads in the area to City standards, which are impacted by this subdivision. 23. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. 24. Preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. 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 PLANNED UNIT DEVELOPER'S AGREEMENT(MOUNTAIN VISTA ESTATES Page 5 of 8 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. § 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 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 August 15, 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/MOUNTAIN VISTA ESTATES Page 6 of 8 § 6.03 Recordation This Agreement shall be recorded along with the CCNR'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. 1n the event, during the term of this Agreement, there is a variance between the provisions of this Agreement and the CCNR'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. Dated this Zi� day of May, 2006. TOUCHSTONE, LLC by:_�- Managing Member CITY OF KALISPELL BY: Jaz' H. Patrick, City Manager PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 7 of 8 STATE OF MONTANA ) ):ss County of Flathead ) On this zZ day of May, 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared ,.pyj/ a j WgL91�7IZ.__ , managing member of Touchstone, LLC, that executed the foregoing instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Sbal the day and year in this certificate first above written. Notary Pi@lic, State of Montari-a Residing at I or My Commission Expires OMW STATE OF MONTANA ) ): ss County of Flathead ) On this ,2 3 _ day of , 20t,4 , before me, a Notary Public in and for the State of Montana, personally appeare AMES 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. Notary Publi State ofMontana Residing at Vz \t:t�,C19L\ My Commission Expires _ E � !S_�__of) •���f4y�FlOF MON�P���\ PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page 8 of 8 N onfan Deportment of 1'rsxnsortoion tis!x-x:��r_� �ja3--s xvYta 3+r3[:c! April 28, 2005 Brett Walcheck, P.E. 48 North Civil Engineering Services 111.0. Box 651 Whitefish, SIT 59937 Subject: Mountain Vista Estates — Kalispell We have reviewed the preliminary information for the proposed Mountain Vista Estates subdivision. In order for the Montana Department of Transportation (MDT) to grant access to Secondary Highway 424 we must be provided with a Traffic Impact Study (TIS) for the development and a complete on and off site: plan. The TIS should show current traffic conditions and the anticipated changes in those conditions at the completion of the development. If the development will be phased, the changes in the traffic conditions should be included for each phase of development. If mitigation measures to the highway system are necessaty they should also be included as recommendations in the TIS. We will evaluate possible impacts to the highway system and determine what, if any, mitigation measures may be necessarN!. Enclosed for reference is a copy of chapter forty- one, "Traffic Impact Studies", of the Montana Traffic Engineering Manual. The Transportation Planning Division will be the point of contact for MDT on this type of development and request for access. This division will manage the internal review process and ensure the appropriate district and headquarters staff is involved throughout. Correspondence, review material, and requests for meetings should be directed to me at (406) 444-6303. Dan Marti ( Planner Program & Policy Analysis Bureau Rail, Transit and Planning Division copies: Dwane Kailey P.E., Acting Missoula .District Administrator Sandra Straehl, Rail, Transit and Planning Division Administrator Steve Herzog, P.E., Area Maintenance Engineer - Kalispell Danielle Bolan, P.E., Traffic Engineer James .Freyholtz, Missoula District "Traffic Engineer Clay Colby, Maintenance Superintendent - Kalispell Program & Policy Analysis Bureau Rail, Transit and Planning Division P17one: (406) 444-3423 T7-X- (800) 335-7592 Fax: (406) 444-7671 web Page: www.mdt.state.mt.us ----Montano Department of Tragjp tafion - -- -- Jim Lynch. Director _""�"'�'F� 2701 Prospect Avenue Brian Schweitzer, Governor PO Box 201001 Helena MT 59620-1001 January 31, 2006 Phillip J. Forbes, P.E. Morrison Maierle, Inc. P.O. Box 6147 Helena, Montana 59604 Subject: Mountain Vista Estates & Spring Creek Estates Subdivisions We have reviewed the revised Traffic Impact Study (TIS) submitted for the Mountain Vista Estates and Spring Creek Estates Subdivisions located off of Secondary Highway 424 outside of Kalispell and we have the following comments: • A left turn bay should be installed at the Heaven's Peak approach in the eastbound direction. Because Heaven's Peak Drive continues on both sides of S-424, it needs to have left turn lanes in both the E/B and W/B directions at this location. • We agree with the placement of the other Left Turn lanes at Mountain Vista Drive and Heaven's Peak Drive as discussed in the revised TIS. A set of plans for the left turn bays will need to be submitted to MDT for review. Please show all existing approaches on the plans. • We concur with the AM and PM trip distributions and analysis as shown in the revised TIS. We also agree with using the S-BUS-40 as the design vehicle for all approaches. The internal road structure of the subdivision will need to have adequate space for school bus pick up and turn around near the intersection with S-424 and Heaven's Peak Drive. The school bus must be able to pull off S-424 and have room enough to turn around after picking up passengers and return to S-424. This needs to be the case for both the Mountain Vista and Spring Creek Subdivisions. If you have any questions, please give me a call at (406) 444-6303. QDa&rtin, Planner Program and Policy Analysis Bureau Rail, Transit and Planning Division copies: Dwane Kailey, P.E., Missoula District Administrator Sandra Straehl, Rail, Transit and Planning Division Administrator Stephen Herzog, P.E., Area Maintenance Engineer — Kalispell Danielle Bolan, P.E., Traffic Engineer Randy Boysen, Traffic & Safety Bureau Jaynes Freyholtz, Acting Missoula District Traffic Engineer Program & Policy Analysis Bureau An Equal Opportunity Employer Rail, Transit and Planning Division Phone: (406) 444-3423 TrY (800) 335-7592 Fax (406) 444-7671 Web Page: www.mdtstate. mt, us 05/24/2006 11:43 4064447671 MDT PUNNING DIV PAGE 02/03 �iA Monfario Deortm@►tt of7Cpn5_oCtfJfiGri Jrm Lynch, t0irecrnr � r 270T ProspeeiAvenue 66an Schweitzer, Govemor PO Box 20 1001 Helena NT 59620-1001 May 24, 2006 Phil Neuharth Touchstone LLC 1289 forth Meridian Road Kalispell, .lMontan.a 59901 Subject: Mountain Vista Subdivision - Kalis 01 The Mountain ntain Vista Subdi.vi,sion. Developers are requesting two approach permits from the Montana Department of Transportation. (MDT) for access to Secondary 424 along the highway Montage owned by Touchstone, LLC. One approach is planned at Heavens Pear. along Three Mile Drive the second would be Mountain Vista Way entering Farm to Market Road. Approval of these two approach. permits by MDT will be contingent upon the following: • Both approaches will be designed to accommodate the traffic and vehicle types expected for this development. We have reviewed the Traf•5c. Impact Study and, will treed to review and approve design. plans for bath approaches, A left tarn lane for, eastbound traffic on Secondary 424 (Three Mile Drive) at Heavens Pear is rewired. • All geometric, signing and striping designs must meet MDT requirements. • The developers mmt meet all MDT traffic control requirements i-n, addition to any other conditions required by the Department's Kalispell Area Maintenance Engineer, • All necessary utility permits roust be requested, reviewed and approved by the MDT Missoula District. • The MDT Kalispell Area, Office must be contacted at (406) 751-2000 prior to entering MDT .right- of way. If you have any questions please contact me at (406) 444-6303. Pt m & PaticyRnalysis eurcatt An Epttp[ Opportunity Employer Rail. Transit and Ptanni V Division Phone: (dds)aa¢ a42 rrr: (e00) 335-75592 Fax: {406) 444-757t Web Pale: www.mdr.stat*, 1,vs 05/24/2006 11:43 4064447671 MDT PLANNING DIV PAGE 03/03 Phil Neuharth May 24, 2006 Page 2 of 2 Dan 1Vla ` , Planner Program & Policy Analysis Bureau Rail, Transit: and Planning Division copies: Dwane Kailey, P.E., Missoula District Administrator Sandra Straebl, Mail, Transit and Planning Division. Administrator Steve Herzog, P.E., Area Maintenance Engineer Kalispell Danielle Bolan, P.E., Traffic Engineer Stan. Brelin, P.E., Traffic and Safety Bureau Glen Cameron, Missoula District Traffic Engineer DECLARATION OF DESIGN GUIDELINES, CONDITIONS, COVENANTS AND RESTRICTIONS FOR MOUNTAIN VISTA ESTATES PUD THIS DECLARATION is made this -` day of II n-, 2006, by the undersigned, Touchstone, LLC. 1289 N. Meridian Road, I alispell, MT 59901. Whereas, the undersigned is the owner of certain real property known as Mountain Vista Estates, according to the recorded plat thereof on file and of recording with Office of the Clerk and Recorder of Flathead County, Montana. Mountain Vista Estates is a subdivision located in the SW 1/a, S2 T28N R22W., P.M.M., to be part of the Home Owners Association and subject to these guidelines, conditions, covenants and restrictions as described herein and administered by the DECLARATION OF HOMEOWNERS ASSOCIATION BY-LAWS OF MOUNTAIN VISTA ESTATES PUD. THE HOMEOWNERS ASSOCIATION: The Homeowners association shall be responsible for the care and maintenance of the common properties and each homeowner's use of the common properties will be governed by such rules as adopted by the Association. Touchstone, LLC shall establish a checking account on behalf of the Homeowner's Association. Assessments shall be $50.00 per lot per year, due January 0 of each year beginning in 2007. For the purposes of maintaining and caring for these common properties, the Board of Directors may make reasonable annual assessments to the lot owners and such assessment may be collected in a suit subject to the provisions stated below for enforcement of covenants and may become a lien upon the land by filing by the Board of Directors of a lien which shall describe the lot, state the amount of the assessment that has not been paid, and when it was assessed. A lot owner whose lot is subject to such a lien must pay the assessment costs before the lien is released. This lien may also be foreclosed in the manner of foreclosure for mortgages with the prevailing party entitled to attorney fees. Common properties as used herein shall include designated parkland. Lot owners are encouraged to remain active members of this Association. Each lot owner is a member of the association by virtue of their acquisition of the lot. Lot assessments may be adjusted by a majority of lot owners if deemed necessary by the Homeowner's Association. NOW THEREFORE, Touchstone, LLC, herein referred to as the Declarant, being the owner of all the real property known as Mountain Vista Estates, according to the plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana, hereby declares that the said real property is, and shall be held, transferred, sold and conveyed, subjected to the design guidelines, conditions, covenants and restrictions hereafter set forth. All persons or corporations who shall hereinafter acquire any interest in the above described property shall be taken and held to agree and covenant with the owner of the lots in said subdivision and with their heirs, successors, and assignees, to conform to and observe the following conditions, covenants and restrictions as to the use thereof and as the construction of dwellings and improvements thereon. Each owner is responsible for complying with and meeting the spirit and intent of the criteria of the guidelines, conditions, covenants and restrictions which are designed to provide a uniform plan for the development of the whole of said subdivision. 1. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than the one detached single family dwelling with not less than a two car garage, or a townhouse, on the approved townhouse lots, not to exceed two stories, plus basement, in height, not to exceed 35 ft. and a private garage for not less than one car. However, the foregoing provisions shall not be interpreted to exclude construction of a private greenhouse, garden shed, private swimming pool, or shelter facilities, or port for the protection of such swimming pool, or other recreational facilities, or for the storage of a boat and/or a camping trailer kept for personal use, provided the location of such structures are in conformity with the applicable municipal regulations, and are compatible in design and decoration with the residence constructed on such lot. 2. The main floor area of the single family dwelling structure, exclusive of basement, open or screened porches and attached garages, shall be no less than 1400 square feet for a dwelling of one story (1200 square feet for Phases 11 & 111) or 1500 square feet for a dwelling of two stories. Split level/multi-level dwellings shall contain a minimum floor area of 1800 square feet, with all levels, exclusive of garage area within the dwelling unity, included in computation of footage for such dwellings. Townhouse dwelling structures, exclusive of basement, open or screened porches and attached garages, shall be not less than 1200 total square feet. 3. All structures, appurtenances and setbacks shall comply with City of Kalispell R- 2 zoning with a PUD overlay. Front, rear and side corner setbacks are 20 feet, side setbacks are 5 feet. Percent of lot coverage is 35%. Lot coverage is defined as the total area of a lot covered by the principal and accessory buildings, or structures including any area occupied by overhangs or roofs and any attachment to a building or structure, but excluding (a) open decks less than 30 inches in height. (measured from grade to top of the platform); and (b) an eave extending up to two feet from the exterior wall of the building or structure. 4. Each owner of a lot within the subdivision shall construct a concrete driveway from street to garage prior to occupancy of the dwelling. There after the owner shall maintain and repair their driveway. Structures shall be guttered and the run off water shall be retained on site. 5. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, including but not limited to skateboard ramps, in or adjacent to, any of the streets. 5. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. 7 No sign of any kind shall be displayed to the public view on any lot except one professional sign, not more than five square feet, advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and sale period. An appropriate entrance sign is excepted here from. 8. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot; other usual household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose, and provided that they are not permitted to cause damage, constitute a nuisance, or run at large in the neighborhood. 9. No house trailer, camper, boat or trailer of any type shall be stored or parked in the front yard or driveway portion of any lot, or on any street within the subdivision; such storage area must be behind adjacent building line. 10. No building shall be erected, placed, or altered on any lot until the construction plans and specifications, and a plan showing the location of the structure, have been approved by the Architectural Control Committee, as defined below, as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the building setback line, unless similarly approved. 11. The Architectural Control Committee shall initially consist of (2) persons designed by the undersigned ("Initial Committee"). Upon the erection and completion of family dwellings, intended for separate occupancy and ownership, on all of lots within the subdivision, the Initial Committee shall turn control of the Architectural Control Committee over to the residents of Mountain Vista Estates PUD, whereupon a majority of the residents shall appoint (4) members from within the subdivision. All appointed members from the subdivision shall serve a (1) year term. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor for the balance f that member's term. The members committee shall not be entitled to any compensation for services performed pursuant to this covenant. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. The Architectural Control Committee will approve plans and placement of house on each lot at their own discretion and will not be responsible, or liable in any event if, in the course of decisions, a house should block a portion of all of anther's view, or of any other dispute that may arise form the committee's decisions. 12. Approved projects must be completed within (6) months after issuance of a building permit. Failure to complete work within the prescribed time will cause the approval to be rescinded and resubmittal will be required. The Architectural Control Committee may grant an extension under extenuating circumstances brought to its attention. 13. Regarding the physical structure (i.e. family dwelling and fencing) itself, the following will apply: Roof: The roofing shall be composition material, or better, with a minimum 20-year warranty. Siding: Siding must be applied over the sheeting of a framed wall. Any application of vinyl siding shall be approved by Architectural Control Committee (i.e. colors, specifications, etc.). If the front elevation is gabled, the gable siding must contrast with the body siding. Fencing: All fencing shall conform to city standards regarding height. Painting: All house colors must be approved by the Architectural Control Committee. 14. Trees and shrubs or landscaping of any kind will be kept neat and orderly. The front yard landscaping of each lot must be completed within four (4) months from the date of completion of a family dwelling structure constructed thereon or prior to occupancy, whichever event shall first occur. In the event of undue hardship due to weather conditions, this provision may be extended upon written request to the Architectural Control Committee. 15. All vacant lots and lots with partially constructed improvements shall be kept clear of any construction. debris. Weeds and grass shall be kept mowed and not allowed to grow to a height of more than six (6) inches. No trash, garbage or lawn clippings/yard waste shall be placed at any time within the BPA easement. 16. No lot shall be used or maintained as a dumping ground. Rubbish, trash, garbage or other waste shall not be kept except in sanitary containers, pending collection and removal. All incinerators or other equipment for the temporary storage of material shall be kept in a clean and sanitary condition. 17. These covenants are to run with the land and shall be Binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded; after which time said covenants shall be automatically extended for successive periods of ten (10) years. In the event that it appears to the advantage of this platted subdivision that these restrictions should be modified, then and in that event, any modification desired may be made by affirmative vote of 80% of the then owners of lots within this subdivision and evidence by suitable instrument filed for public record; or if such event occurs during the development period such modifications or waiver of non -conformity may be evidenced by special permission granted in writing by the undersigned or it successor interest. 18. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation, or to recover damages. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. BY: Date: ii i41a6 STATE OF MONTANA :ss County of Flathead j-h On this Ot day of , 20047, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Touchstone, LLC, known to me to be the person whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate last above written. STATE OF MONTANA :ss County of Flathead Recorded at the request of Notary lic f r the State of Montana Residing f%5 . / 0a I My commission Expires JiJIVIOV this day of , at o'clock .,Y.y. M and recorded in the records of Flathead County, State of Montana. Fee $ Pd. RECEPTION NO. _ RETURN TO Flathead County Clerk and Recorder Deputy DECLARATION OF HOMEOWNERS ASSOCIATION BY-LAWS OF MOUNTAIN VISTA ESTATES PUD THIS DECLARATION is made this _;3 � - day of 141� 20 L by Touchstone LLC, hereafter referred to as "Declarant", WHEREAS, Declarant is the owner of certain real property to the covenants, conditions and restrictions hereinafter set forth, each of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; WHEREAS, Declarant is desirous of subjecting said real property to the covenants, conditions and restrictions hereinafter set forth, each of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; NOW, THEREFOR, the Declarant hereby declares that the real property hereinafter described is and shall be held, transferred, sold and conveyed to the covenants, conditions and restrictions hereinafter set forth; ARTICLE I I-Q.,101 I a WA The real property which is and shall be held, transferred, sold and conveyed subject to the covenants, conditions, and restrictions hereinafter set forth, is located in Flathead County, Montana, and is more particularly described as follows to wit: MOUNTAIN VISTA ESTATES PUD ARTICLE II DEFINITIONS 1. "Association shall mean the association of the lot owners of the property known as Mountain Vista Estates PUD. 2. "Owner" shall mean the record owner of a fee simple title to any lot that is a part of the Property, and shall include contract buyers but not contract sellers. 3. "Property" shall mean the real property described in Article I, above. 4. "Common Area" shall mean all real property owned by the Association for the Common use and enjoyment of the owners but not limited to parks, trails, roadways, easements, well sites, community water system, recreational facilities, and surface or storm water collection and drainage systems. 5. "Lot" shall mean all lots. ARTICLE III The property is subject to the covenants, conditions and restrictions hereby declared to insure the best use and the most appropriate development and improvement of each building site thereof, to protect the owners of building sites as will appreciate the value of their property, to preserve so far as is practical the natural beauty of said property; to guard against the erection thereon of structures built of improper or unsuitable material; to encourage and secure the erection of attractive homes thereon; to adequately provide for a high quality of improvements on said property and thereby enhance the values of improvements made by purchasers of lots, to be responsible for operation and maintenance of the water system, waste water and storm water facilities in accordance with requirements set forth by the Montana Department of Health and Environmental Sciences and be responsible for upkeep of the subdivision and common facilities. ARTICLE IV DEFINITION OF OWNERSHIP Section 1.07. "Lot" shall mean and refer to each of the 168 lots which are shown on the Plat of the Project which are intended for individual ownership. Section 1.08. "Lender" shall mean a mortgage holding a first mortgage on any Lot or a beneficiary holding a first deed of trust on any Lot. Section 1.09. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee title to any Lot, including contract sellers, but excluding those having an interest in a Lot merely as security for the performance of an obligation. Section 1.10. "Plat" shall mean and refer to the plat of Mountain Vista Estates in the official records of the County Recorder of Flathead County, Montana by which Declarant has subdivided the Project. Section 1.11. "Project" shall mean and refer to all real property described herein, and such additions thereto as may hereinafter be brought within the jurisdiction of the Association. Section 2.01. Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title in every Lot, subject to the following provisions: a. The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area. b. The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid: and for a period not to exceed sixty (60) days for any infraction of the published Association Rules. c. The right of the Association to dedicate, transfer or grant easements to all or any part of the Common Area to any public agency, authority, or utility for such purpose and subject to such conditions as may be determined by the Board, including the right to transfer all or part of the Common Area to the Mountain Vista Estates PUD Property Owners Association, Inc. Section 2.02. Delegation of Use Any Owner may delegate his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside in the Project. ARTICLE VI MEMBERSHIP AND VOTING RIGHTS Section 3.01. Membership. Every Owner of a Lot, which is subject to assessment, shall be a member of the Association. Membership shall be appurtenant to, and may not be separated from ownership of a Lot, which is subject to assessment. Upon transfer of title to any Lot, the new Owner shall automatically succeed to membership in the Association. Section 3.02. Voting Classes. The Association shall have two classes of voting membership. Class A: Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as the members among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B: The Class B member shall be the Declarant. The Declarant, as the Class B member, shall solely be entitled to vote in Association affairs and shall elect all members of the Board of Directors until the Class B membership shall cease and be converted into Class A membership. The Class B membership shall cease and be converted into Class A membership not later than 120 days after the happening of either of the following events, whichever occurs earlier. a. When 95% of the lots in the Project have been sold to owners by the Declarant, or b. On January 15, 2008 Section 3.03. Board of Directors. The governing body of the Association shall be the Board elected pursuant to the Bylaws. The Board shall consist of not less than three (3) nor more than five (5) members. The Board may act to increase or decrease its membership within the aforesaid limits and to fill vacancies in its membership for the unexpired portion of any term. Except as otherwise provided in the Declaration, the Bylaws, or the Association Rules, the Board may act in all instances on behalf of the Association. The Board shall adopt the Bylaws and Association Rules. DATED this day of 41U , 2" Mountain fVista Estates PUD By: - . Touchstone, CLC STATE OF MONTANA ) ss. County of Flathead } On this Jeday of 1A 'Ise , before me, the undersigned, a Notary Public for the State of Montana, personally appeared before me Touchstone, LLC, known to me to the be the person whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate last above written. Notary Pu i f Residing My Commission STATE OF MONTANA ) ss. County of Flathead } Recorded at the request of State of This day of at o'clock .,y..Y M and recorded in the records of Flathead County, State of Montana. Fee $ Pd. Flathead County Clerk and Recorder RECEPTION NO. RETURN TO Deputy a 111111, W 117:m $ 1 AMER, 0 FirstAmerican Title Insurance Company H35 " -31. Form No. 1282 (Rev. 12/15195) FILE NO.: CT-88046 CT--88046 H 359182 FEE: $125.00 SUBDIVISION OR PROPOSED SUBDIVISION: Mountain Vista Estates Phase 1 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION, HEREIN CALLED THE COMPANY GUARANTEES: Touchstone, LLC FOR THE PURPOSE OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, IN A SUM NOT EXCEEDING $5,000.00. THAT according to those public records which, under the recording Laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described as follows: That portion of the Southwest 1/4, Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Beginning at the Northeast corner of Parcel B as shown on Certificate of Survey No. 16814; thence South 00'34'40" West 660.26 feet; thence South 00'35'50" West 381.32 feet; thence South 00`41'13" West 208.86 feet to the North line of Farm to Market Road; thence along the North line of the road, South 89'54140" West 884.66 feet to the West line of the B.P.A. Transmission Line Easement; thence along the West line of the Easement, North 06*39101" East 1257.56 feet to the North line of the South 1/2 of the Southwest 1/4; thence along said North line, North 89'48'06" Esat 752.16 feet to the Point of Beginning. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS: Mountain Vista Estates Phase 1 (1) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering• for dedication any streets, roads, avenues and other easements offered for dedication dedication by said Plat are: Touchstone, LLC-Vested Owner Valley Bank of Kalispell -Beneficiary Continued... FILE NO.: CT-88046 Page 2 H 359.162 (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county taxes for the year 2006, a lien not yet payable. NOTE: General and special county taxes for the year 2005 and all prior years have been paid in full. 2. Deed of Trust dated July 20, 2005, to secure an indebtedness in the principal sum of AMOUNT $1,200,000.00, and any other amounts and/or obligations secured thereby. RECORDED July 27, 2005, as Doc. No. 2005--208-12050, records of Flathead County, Montana. GRANTOR Touchstone, LLC. TRUSTEE First American Title & Escrow BENEFICIARY: Valley Bank of Kalispell (3) Easements, claims of easements and restriction agreement of record are: 1. Possible easement created by Notice of Appropriation of Water Right recorded May 5, 1910, in Book 71, Page 240, as Doc. No. 6737, records of Flathead County, Montana. 2. Easement for underground right of way granted to Pacific Power & Light Company, a corporation, recorded November 5, 1984, as Doc. No. 84-310-14520, records of Flathead County, Montana. (AFFECTS: A portion SE1/4Sw1/4) 3. County road rights -of -way not recorded and indexed as a conveyance in the office of the Clerk and Recorder pursuant to title 70, chapter 21, M.C.A. 4. The effect of restrictions contained in Certificate of Subdivision Plat Approval recorded with Certificate of Survey No. 16084, recorded April 28, 2004, as Doc. No. 2004--119-12120, records of Flathead County, Montana. 5. Possible easement created by Notice of Appropriation of hater Right recorded May 16, 1958, in Book 421, Page 59, as Doc. No. 29910, records of Flathead County, Montana. (AFFECTS: Wl/2SW1/4) 6. Easement for transmission ;line granted to United States of America, recorded July 26, 1951, in Book 320, Page 375, records of Flathead County, Montana. 7. Bargain and Sale Deed recorded December 1, 1955, in Book 383, Page 200, as Doc. No. 8190, records of Flathead County, Montana. Continued... FILE NO.: CT-88046 Page 3 H 359182 8. 20 foot landscape, buffer zone, bike & pedestrian path areas as disclosed on the pending Prat of Mountain Vista Estates Prase 1. 9. Easements and Notes on the pending Plat of Mountain Vista Estates Phase 1. The above described property is located within and subject to the jurisdiction of the West Valley Fire District. DATED: April. 12, 2006 at 8:00 A.M. ........... 00� Subscribed and sworn to before me thisiday of,�,-20,.-- N6tary-4tubli, .or, State of Montana Residing a.t W . My Commission Expires fG'`" ? -'_ THE END iRA 5� Tom- Y � 6E?z4 gggg R x in— ® Y o , Hm r x y i4e Y ��; Ftt 0. A ' P oe ox ram. 5p �� F431VJ� a���rAA gg g�¢ SY H3Ni1°O 2@-z! @ KEG 33 �iH k fiq�x FW Fr FM Fa � � Fe F •� Rc 9 �� qs m• A n dY 9 x �r mr P oo� sow. fi ,-ooe 4 o{s s �